HomeMy WebLinkAboutOrd 1758 - ATTACHMENT - Zoning Code (TMC Title 18)Ordinance No. 1758
Zoning Code Attachment
CITY CLERK'S COPY
ORD #1758 12/4 /1995 - ATTACHMENT: ZONING CODE
city
f
r4-0103
December 40915
4064
1
gat'. :Zim
lcninQ Code
City of Tukwila John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
January 8, 1996
TO: Mayor Rants and City Council Members
FROM: Steve Lancaster, DCD Director
RE: Adopted Zoning Code and Comprehensive Plan
Attached, for your review, is the adopted Zoning Code and map. I anticipate the
adopted Comprehensive Plan and map to be available on January 31st.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665
City of Tukwila
Washington
Ordinance No. / 7 5 g
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING THE CITY ZONING REGULATIONS AS
CODIFIED AT TITLE 18 OF THE TUKWILA MUNICIPAL CODE; ADOPTING
A NEW ZONING MAP; DETERMINING APPLICABILITY OF AMENDED
ZONING CODE; REPEALING ORDINANCE NOS. 253, 298, 348, 349, 378, 524,
533, 576, 608, 635, 878, 889, 898, 967, 1040, 1111, 1247, 1289, 1386, 1433, 1437, 1447,
1452, 1465, 1467, 1481, 1488, 1489 SECTIONS 1, 2 AND 3, 1497, 1500, 1516
SECTION 4, 1544, 1550, 1566, 1576 SECTION 5, 1581, 1582, 1599 SECTIONS 2, 3, 4
AND 5, 1608 SECTIONS 1, 3, 4, 5 AND 7, 1614, 1625, 1636, 1640, 1647, 1655, 1659,
1665, 1671 SECTION 16, 1675, 1697, 1701, 1704, 1711,1712, 1715, 1717, 1718, 1727, 1728,
1731,1734 AND 1746; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has adopted a new Comprehensive Plan in order to implement
the goals and policies of the Growth Management Act of 1990 and the King County County -wide
Planning Policies; and
WHEREAS, the Growth Management Act requires that the City adopt development regulations,
including zoning, to be consistent with and implement the Comprehensive Plan; and
WHEREAS, the changes to the City of Tukwila Zoning Code contained in this ordinance are
needed in order to bring that Code into compliance with the Comprehensive Plan, as required by the
Growth Management Act. As such, they bear a substantial relationship to, and are necessary for, the
public health, safety and general welfare of the City of Tukwila and its residents; and
WHEREAS, the City of Tukwila Planning Commission, after appropriate investigation and study,
has prepared draft amendments to the Zoning Code, and after holding a public hearing, has
recommended the adoption of suchamendments; and
WHEREAS, the City Council, having studied the proposed Zoning Code amendments and after
conducting further public hearings, hereby adopts the following findings of fact:
1. The City of Tukwila Planning Commission conducted a public hearing on the proposed
amendments to the Zoning Code on April 20,1995.
2. In accordance with RCW 43.21C and WAC 197 -11, a Draft Environmental Impact Statement
(EIS) on the proposed Comprehensive Plan was prepared and issued on June 27, 1995.
3. The draft Comprehensive Plan and Draft EIS were made available to citizens and
organizations, and were distributed to local jurisdictions and state agencies for the
mandatory review period.
4. After the receipt and review of public comments on the Draft EIS, a Final EIS on the
Comprehensive Plan was prepared and circulated on October 9,1995.
5. An Addendum to the Comprehensive Plan EIS was prepared and issued on November 15,
1995. This Addendum addressed the proposed Zoning Code amendments. The Addendum
was made available to citizens and organizations, and were distributed to local jurisdictions
and state agencies for the mandatory review period.
ZONING. DOC 1 1/22/95
6. The Draft EIS, Final EIS and Addendum adequately describe the potential environmental
impacts of the adoption and implementation of the Zoning Code amendments, including
alternatives and reasonable mitigation measures.
7. The City Council conducted two public hearings on the proposed Zoning Code amendments
on July 31,1995 and September 11,1995.
8. The Zoning Code amendments, once adopted, will accomplish the following objectives:
a) Encourage the continued economic vitality of the community;
b) Provide for the appropriate location, distribution and physical form of commercial,
industrial and residential development.
c) Promote the coordinated development of unbuilt areas and to provide for mitigation of
impacts due to increased development;
d) Sustain established residential neighborhoods;
e) Continue to provide the City's regional fair share of affordable housing, multi - family
housing, manufactured housing, group homes and foster care facilities;
f) Facilitate adequate funding and appropriate timing of water, sewer, transportation, and
other public facility improvements needed to serve anticipated development;
g) Lessen traffic congestion and improve traffic safety;
h) Provide a process for identification and siting of essential public facilities;
i) Protect life and property from fire, flooding and land subsidence; and
j) Protect the natural environment, including wetland, hillside, stream and shoreline
areas, and fish and wildlife habitat areas, as an essential contributor to the overall
welfare of the City's residents.
k) Implement the City's plan for redevelopment of certain neighborhoods, as identified in
the Comprehensive Plan.
9. The Zoning Code amendments change the number and types of zones in the City of Tukwila.
As a result, it is necessary to adopt a new Zoning Map to implement these changes in zone
designations. In addition, as part of its deliberations on the Comprehensive Plan, the City
Council determined that the zoning designations of some properties needed to be changed in
order to achieve consistency with the Growth Management Act, the Countywide Planning
Policies and the Comprehensive Plan. These changes have been incorporated into the new
Zoning Map.
10. The City of Tukwila anticipates that additional changes to the Zoning Code and other
adopted City Codes will be made in 1996 to implement the provisions of Chapter 347, Laws of
1995. These changes will be primarily procedural and will further implement the
requirements of the Growth Management Act and Comprehensive Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Zoning Code Amended. The City's Zoning Code (Tukwila Municipal Code Title 18)
is hereby amended to read in full as set forth in Attachment A, attached hereto, and by this reference
incorporated herein.
Section 2. Zoning Map Adopted. The Zoning Map (Attachment B) is hereby adopted as the
official zoning map for the City of Tukwila.
Section 3. Applicability of Amended Zoning Code.
a. After the effective date of this Ordinance, the Zoning Code, as hereby amended, and new
Zoning Map shall apply to all properties in the City, provided that nothing contained herein
shall be deemed to override any vested rights or require any alteration of a nonconforming
use of nonconforming structure, except as specifically provided in the Zoning Code, as
amended.
b. Pending applications for zoning reclassifications shall use the new zone classifications when
approved.
ZONING.DOC 11/22/95
c. Properties with vested complete permit applications submitted prior to the effective date of
this ordinance shall be considered and approved or disapproved pursuant to the terms of the
Zoning Code in effect at the time they became vested. In the event of a substantial change in
such an application after the effective date of this ordinance, the revised application shall be
reviewed and approved or disapproved pursuant to the terms of the Zoning Code, as modified
by this ordinance.
Section 4. Repealer. City of Tukwila Ordinance Nos. 253, 298, 348, 349, 378, 524, 533, 576, 608,
635, 878, 889, 898, 967,1040, 1111,1247,1289,1386,1433,1437, 1447,1452,1465,1467,1481,1488,1489
Sections 1, 2 and 3,1497,1500,1516 Section 4,1544,1550,1566,1576 Section 5,1581,1582,1599 Sections 2, 3,
4 and 5,1608 Sections 1, 3, 4, 5 and 7,1614,1625,1636 ,1640,1647,1655,1659,1665,1671 Section 16,1675,
1697,1701,1 704,1711,1712 ,1715,1717,1718,1727,1728,1731 and 1734 are hereby repealed.
Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 6. 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 (5) days after passage and publication
as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this -5/ "1 day of 7% ,1995.
W. Rants, Mayor
• ATTEST /AUTHENTICATED:
• (2,11...4,t.
an
E. Cantu, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
FILED WITH THE CITY CLERK: / //g /9
PASSED BY THE CIT CO NCIL: /,2/ 4 /�
PUBLISHED: /0/ /9 ' _
EFFECTIVE DATE: /�` / //%
ORDINANCE NO.: / 7 5 8
ZONING.DOC 11/22/95
TITLE 18 - ZONING
Title 18
ZONING
Chapters:
18.02 Title
18.04 General Provisions
18.06 Definitions
18.08 Districts Established.
18.10 Low Density Residential
18.12 Medium Density Residential
18.14 High Density Residential
18.16 Mixed Use Office
18.18 Office
18.20 Residential Commercial Center
18.22 Neighborhood Commercial Center
18.24 Regional Commercial
18.26 Regional Commercial Mixed Use
18.28 Tukwila Urban Center
18.30 Commercial /Light Industrial
18.32 Light Industrial
18.34 Heavy Industrial
18.36 Manufacturing Industrial Center /Light
18.38 Manufacturing Industrial Center /Heavy
18.40 Tukwila Valley South
18.42 Public Recreation Overlay
18.44 Shoreline Overlay District
18.45 Sensitive Areas Overlay District
18.46 PRD - Planned Residential Development
18.50 Supplemental Development Regulations
18.52 Landscape, Recreation, Recycling/Solid Waste
Space Requirements
18.54 Tree Regulations
18.56 Off -street Parking and Loading Regulations
18.60 Board of Architectural Review
18.64 Conditional Use Permits
18.66 Unclassified Use Permits
18.70 Nonconforming Lots, Structures and Uses
18.72 Variances
18.80 Amendments
18.84 Requests for Changes in Zoning
18.88 Application Fees
18.90 Appeals
18.92 Public Notice of Hearing
18.96 Administration and Enforcement
Figures:
Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 6
Figure 7
Shoreline Management Environments
Sample Residential Sensitive Area
Site Plan Submittal
Building Height Exception Areas
Location and Measurement, Yards on Lots
Multi- Family Design Guideline
Off - Street Parking Area Dimensions
Minimum Number of Off - Street Parking
Spaces
December 4, 1995 Page 18-1
TUKWILA MUNICIPAL CODE
Chapter 18.02
TITLE
Sections:
18.02.010 Short title.
18.02.010 Short title.
This title shall be known and may be cited as "The
Tukwila Zoning Code." 18.04.010 Application of provisions.
(Ord. 1758 §1(part), 1995) In the interpretation and application of the
provisions of this title, such provisions shall be held to
be the minimum requirements adopted for the
promotion of the health, safety, morals, or the general
welfare of the community. It is not intended by this
title to repeal, abrogate, annul, or in any way impair or
interfere with any existing provisions of law or
ordinance or any rules or regulations previously
adopted pursuant to law, relating to the use of buildings
or land, nor is it intended to interfere with or abrogate
or annul any easements, covenants or other
agreements between parties; provided, however, that
where this title imposes a greater restriction upon the
use, erection, alteration or extension of buildings, or
use of land, or upon the number of square feet of lot
area per family, or where the yard or building line
requirements are more restrictive than the
requirements imposed by such existing provision of
law or ordinance, or by such rules or regulations or by
such covenants or agreements, the provision of this
title shall control.
Chapter .18.04
GENERAL PROVISIONS
Sections:
18.04 010 Application of provisions.
18.04.020 Change in existing structure, use or
proposed use.
(Ord. 1758 §1(part), 1995)
18.04.020 Change in existing structure, use or
proposed use.
Nothing contained in this title shall require any
change in any existing building or structure or in the
plan, construction or designated use of a proposed
building or structure which would conform with the
zoning regulations then in effect, and for which a
building permit shall have been issued, and plans for
which are on file in the Department of Community
Development prior to the effective date of the
ordinance codified in this title, and the construction of
which building or structure shall have been started
within twelve months of the date of such building
permit and diligently prosecuted to its completion.
(Ord. 1758 §1(part), 1995)
Page 18-2 December 4, 1995
TITLE 18 — ZONING
Sections:
18.06.005
18.06.010
18.06.015
18.06.020
18.06.025
18.06.030
18.06.035
18.06.040
18.06.045
18.06.050
18.06.055
18.06.060
18.06.065
18.06.070
18.06.075
18.06.080
18.06.085
18.06.090
18.06.095
18.06.100
18.06.105
18.06.110
18.06.115
18.06.120
18.06.125
18.06.130
18.06.135
18.06.140
18.06.145
18.06.150
18.06.155
18.06.160
18.06.165
18.06.170
18.06.175
18.06.180
18.06.185
18.06.190-
18.06.195
18.06.200
18.06.205
18.06.210
18.06.215
18.06.220
18.06.225
18.06.230
18.06.235
18.06.240
18.06.245
18.06.250
18.06.255
18.06.260
18.06.265
Chapter 18.06
DEFINITIONS
General definitions.
Abandoned mine areas.
Access road.
Adult day care.
Adult entertainment establishments.
Adult family home.
Alley.
Apartment house.
Applicant.
Area, site.
Areas of potential geologic instability.
Basement.
Bed - and - breakfast lodging.
Best management practices.
Buffer.
Building.
Building, accessory.
Building area.
Building, detached.
Building height.
Building line.
Building, nonconforming.
Building permit.
Bus station.
Caliper.
Canopy.
Canopy Cover.
Certified arborist.
Clearing.
Clinic.
Club.
Compensatory mitigation.
Comprehensive Plan.
Constructed wetlands or watercourses.
Cooperative parking facility.
Coverage.
Curb -cut.
Dangerous waste.
Day care center.
Density transfer.
Designated facility zone.
Development.
Development area.
Diameter /diameter - breast - height (d.b.h.)
Director.
District.
District, overlay.
Driveway.
Dwelling, manufactured or mobile home.
Dwelling, multi - family.
Dwelling, single - family.
Dwelling unit.
Emergent wetland.
18.06.270
18.06.275
18.06.280
18.06.285
18.06.290
18.06.295
18.06.300
18.06.305
18.06.310
18.06.315
18.06.320
18.06.325
18.06.330
18.06.335
18.06.340
18.06.345
18.06.350
18.06.355
18.06.360
18.06.365
18.06.370
18.06.375
18.06.380
18.06.385
18.06.390
18.06.395
18.06.400
18.06.405
18.06.410
18.06.415
18.06.420
18.06.425
18.06.430
18.06.435
18.06.440
18.06.445
18.06.450
18.06.455
18.06.460
18.06.465
18.06.470
18.06.475
18.06.480
18.06.485
18.06.490
18.06.495
18.06.500
18.06.505
18.06.510
18.06.515
18.06.520
18.06.525
18.06.530
18.06.535
18.06.540
Essential public facilities.
Essential root zone.
Essential use.
Essential street, road, right -of -way or utility.
Extremely hazardous waste.
Family.
Family child care home.
Fast food restaurant.
Fence.
Filling.
Fire lane.
Floor area.
Floor area ratio.
Forested wetland.
Fraternal organization.
Garage, private.
Garage, public.
Geologist.
Geotechnical engineer.
Grade.
Grading.
Gross leasable floor area.
Groundcover.
Hazardous substance.
Hazardous substance processing or
handling.
Hazardous tree.
Hazardous waste.
Hazardous waste storage.
Hazardous waste treatment.
Hazardous waste treatment and storage
facility, off -site.
Hazardous waste treatment and storage
facility, on -site.
High impact environment.
Home occupation.
Hospital.
Hotel.
Impervious surface.
Infrastructure.
Isolated wetlands.
Junk yard.
Kennel.
Laboratory, medical and dental.
Land - altering activity.
Land - altering permit.
Landscape architect.
Landscaping or landscaped areas.
Loading space.
Lot.
Lot area.
Lot, corner.
Lot coverage.
Lot depth.
Lot frontage.
Lot lines.
Lot, interior.
Lot, through.
December 4, 1995 Page 18-3
TUKWILA MUNICIPAL CODE
18.06.545
18.06.550
18.06.555
18.06.560
18.06.565
18.06.570
18.06.575
18.06.580
18.06.585
18.06.590
18.06.595
18.06.600
18.06.605
18.06.610
18.06.615
18.06.620
18.06.625
18.06.630
18.06.635
18.06.640
18.06.645
18.06.650
18.06.655
18.06.660
18.06.665
18.06.670
18.06.675
18.06.680
18.06.685
18.06.690
18.06.695
18.06.700
18.06.705
18.06.710
18.06.715
18.06.720
18.06.725
18.06.730
18.06.735
18.06.740
18.06.745
18.06.750
18.06.755
18.06.760
18.06.765
18.06.770
18.06.775
18.06.780
18.06.785
18.06.790
18.06.795
18.06.800
18.06.805
18.06.810
18.06.815
18.06.820
18.06.825
18.06.830
Lot width.
Low impact environment.
Major adjustment.
Mall.
Manufactured /mobile home park.
Mean high water mark.
Mining and quarrying.
Minor adjustment.
Motel.
Nonconforming use.
Open space.
Open space tract.
Ordinary high water mark.
Parcel.
Parking space.
Performance standards.
Person.
Plan.
Planned residential development (PRD).
Property owner.
Protected tree /protected vegetation.
Protection measure.
Protective fencing.
Reach.
Recreation space.
Recreation space, covered.
Recreation space, uncovered.
Regulated wetlands.
Residence.
River channel.
River environment.
Sanitarium.
Screening.
Sensitive area buffer.
Sensitive area regulated activities.
Sensitive areas.
Sensitive areas ordinance.
Sensitive area tract.
Service station.
Setbacks.
Shelter station.
Shopping center, planned.
Shopping center (mall), planned.
Shoreline.
Shoreline zone.
Sign.
Significant tree.
Site.
Solid planting.
Story.
Street.
Structure.
Structural alteration.
Studios.
Substantial construction.
Surveyor.
Tract.
Trailer court or park.
18.06.835
18.06.840
18.06.845
18.06.850
18.06.855
18.06.860
18.06.865
18.06.870
18.06.875
18.06.880
18.06.885
18.06.890
18.06.895
18.06.900
18.06.905
18.06.910
18.06.915
18.06.920
18.06.925
18.06.930
18.06.935
18.06.940
18.06.945
18.06.950
18.06.955
Trailer, travel.
Transit center.
Tree.
Tree clearing permit.
Turbidity.
Understory vegetation.
Use.
Use, accessory.
Use, conditional.
Use, permitted.
Use, primary or principal.
Use, unclassified.
Unlisted use.
Utilities.
Variance.
Vegetation.
Vehicles.
Watercourse.
Wetland edge.
Wetlands.
Yard.
Yard, front.
Yard, rear.
Yard, second front.
Yard, side.
18.06.005 General definitions.
Except where specifically defined in this chapter,
all words used in this title shall carry their customary
meanings. Words used in the present tense include
the future, and the plural includes the singular; the
word "he" or "his" shall also refer to "she" or "her,"
the word "shall" is always mandatory, the word
"may" denotes a use of discretion in making a decision;
the words "used" or "occupied" shall be considered as
though followed by the words "or intended, arranged
or designed to be used or occupied."
(Ord. 1758 §1(part), 1995)
18.06.010 Abandoned Mine Areas
"Abandoned mine areas" means those areas
directly underlain by, adjacent to, or affected by mine
workings such as adits, tunnels, drifts, or air shafts.
(Ord. 1758 §1(part), 1995)
18.06.015 Access road.
"Access road" means that portion of a driveway
which provides access to one or more parking lot or
area, provides access to more than one property or lot,
or may provide internal access from one street to
another. This shall not include that portion of
driveways whose primary function is to provide direct
access to adjacent parking spaces and which, as a
secondary function, also provides circulation within
parking areas.
(Ord. 1758 §1(part), 1995)
Page 18 -4
December 4, 1995
TITLE 18 — ZONING
18.06.020 Adult day care.
"Adult day care" means a facility which provides
supervised daytime programs where up to six frail
and /or disabled adults can participate in social,
educational, and recreational activities led by paid staff
and volunteers.
(Ord. 1758 §1(part), 1995)
18.06.025 Adult entertainment establishments.
(a) "Adult entertainment establishments" means
adult motion picture theaters, adult drive -in theaters,
adult bookstores, adult cabarets, adult video stores, adult
retail stores, adult massage.parlors, adult sauna parlors
or adult bathhouses, which are defined as follows:
(1) "Adult bathhouse" means a commercial
bathhouse which excludes any person by virtue of age
from all or any portion of the premises.
. (2) "Adult bookstore" means a retail estab -
lishment in which:
(A) 30% or more of the "stock -in- trade"
consists of books, magazines, posters, pictures,
periodicals or other printed materials distinguished or
characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or
"specified anatomical areas "; and /or
(B) Any person is excluded by virtue of
age from all or part of the premises generally held open
to the public where such material is displayed or sold.
(3) "Adult cabaret" means a commercial
establishment which presents go -go dancers, strippers,
male or female impersonators, or similar types of
entertainment and which excludes any person by
virtue of age from all or any portion of the premises.
(4) "Adult massage parlor" means a com-
mercial establishment in which massage or other
touching of the human body is provided for a fee and
which excludes any person by virtue of age from all or
any portion of the premises in which such service is
provided.
(5) "Adult motion picture theater" means a
building, enclosure, or portion thereof, used for
presenting material distinguished or characterized by
an emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
(6) "Adult retail store" means retail estab-
lishment in which:
(A) 30% or more of the "stock -in- trade"
consists of items, products or equipment distinguished
or characterized by an emphasis on or simulation of
"specified sexual activities" or "specified anatomical
areas "; and /or
(B) Any person is excluded by virtue of
age from all or part of the premises generally held open
to the public where such items, products or equipment
are displayed or sold.
(7) "Adult sauna parlor" means a commercial
sauna establishment which excludes any person by
virtue of age from all or any portion of the premises.
(8) "Adult video store" means a retail estab-
lishment in which:
(A) 30% or more of the "stock -in- trade"
consists of prerecorded video tapes, disks, or similar
material distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas ";
and /or
(B) Any person is excluded by virtue of
age from all or any part of the premises generally held
open to the public where such prerecorded video
tapes, disks or similar material are displayed or sold.
(b) "Specified anatomical areas" means:
(1) Less than completely and /or opaquely
covered human genitals, pubic region, buttock, or
female breast below a point immediately above the top
of the areola;
(2) Human male genitals in a discernibly
turgid state even if completely or opaquely covered.
(c) "Specified sexual activities" means:
(1) Acts of human masturbation, sexual
intercourse or sodomy; or
(2) Fondling or other erotic touching of human
genitals, pubic region, buttock or female breast; or
(3) Human genitals in a state of sexual stim-
ulation or arousal.
(d) "Stock -in- trade" means:
(1) The dollar value of all products, equipment,
books, magazines, posters, pictures, periodicals,
prerecorded video tapes, discs, or similar material
readily available for purchase, rental, viewing or use
by patrons of the establishment, excluding material
located in any storeroom or other portion of the
premises not regularly open to patrons; or
(2) The number of titles of all products,
equipment, books, magazines, posters, pictures, period-
icals, other printed materials, prerecorded video tapes,
discs, or similar material readily available for purchase,
rental, viewing or use by patrons of the establishment,
excluding material located in any storeroom or other
portion of the premises not regularly open to patrons.
(Ord. 1758 §1(part), 1995)
18.06.030 Adult family home.
"Adult family home" means a regular family abode
of a person, or persons, licensed by the State of
Washington to provide personal care, room and board
to more than one but not more than six adults who are
not related by blood or marriage to the person or
persons providing the services.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-5
TUKWILA MUNICIPAL CODE
18.06.035 Alley.
"Alley" means a public thoroughfare which affords
only a secondary means of access to abutting property
and is not intended for general traffic circulation.
(Ord. 1758 §1(part), 1995)
18.06.040 Apartment house.
"Apartment house" means any building or portion
thereof which is designed, built, rented, leased, let or
hired out to be occupied, or which is occupied as the
home or residence of five or more families living inde-
pendently of each other and doing their own cooking
in the building.
(Ord. 1758 §1(part), 1995)
18.06.045 Applicant.
"Applicant" means any person or business entity
which applies for a development proposal, permit or
approval.
(Ord. 1758 §1(part), 1995)
18.06.050 Area, site.
"Site area" means the total two - dimensional hori-
zontal area within the property lines excluding exter-
nal streets.
(Ord. 1758 §1(part), 1995)
8.06.055 Areas of potential geologic instability.
"Areas of potential geologic instability" means those
areas subject to potential landslides and /or potential
seismic instabilities.
(Ord. 1758 §1(part), 1995)
18.06.060 Basement.
"Basement" means that portion of a building
between floor and ceiling which is all or partly below
grade. If the finished floor level directly above a base-
ment is more than two feet above grade for more than
20% of the total perimeter or is twelve feet above grade
as defined at any point, such basement shall be
considered as a story.
(Ord. 1758 §1(part), 1995)
18.06.065 Bed - and - breakfast lodging.
"Bed- and - breakfast lodging" means an owner -
occupied dwelling unit that contains guest rooms
where lodging, with or without meals, is provided for
compensation.
(Ord. 1758 §1(part), 1995)
18.06.070 Best Management Practices.
"Best management practices (BMPs)" means
conservation practices and management measures
which serve to protect trees, including the following
practices:
(1) Avoiding physical damage to tree trunk,
branches, foliage and roots;
(2) Restricting the movement, operation, and
location of construction materials and equipment tto
avoid the area under a tree canopy;
(3) Minimizing adverse changes in drainage
conditions around tree roots;
(4) Minimizing adverse changes to the
chemical, physical, structural, and organic characteris-
tics of soil around tree roots;
(5) Those conservation practices defined by
the State of Washington Department of Agriculture,
Washington State Department of Ecology, and Interna-
tional Society of Arborists as intended to protect trees.
(Ord. 1758 §1(part), 1995)
18.06.075 Buffer.
"Buffer" means an area separating two different
types of uses or environments for the purpose of
reducing incompatibilities between them, or reducing
the potential adverse impacts of one use or
environment upon the other.
(Ord. 1758 §1(part), 1995)
18.06.080 Building.
"Building" means a structure as defined in this
definitions chapter. When a total structure is separated
by division walls without openings, each portion so
separate shall be considered a separate building.
(Ord. 1758 §1(part), 1995)
18.06.085 Building, accessory.
"Accessory building" means a subordinate build-
ing, the use of which is incident to the use of the main
building on the same lot.
(Ord. 1758 §1(part), 1995)
18.06.090 Building area.
"Building area" means the total ground coverage of
a building or structure which provides shelter, mea-
sured from the outside of its external walls or support-
ing members or from a point four feet in from the
outside edge of a cantilevered roof.
(Ord. 1758 §1(part), 1995)
18.06.095 Building, detached.
"Detached building" means a building surrounded
on all sides by open space.
(Ord. 1758 §1(part), 1995)
18.06.100 Building height.
"Building height" means the vertical distance mea-
sured from the average elevation of the proposed
finished grade around the building to the highest point
of a flat roof and to the mean height between eaves and
ridge of a pitched roof.
(Ord. 1758 §1(part), 1995)
18.06.105 Building line.
"Building line" means the line of face or corner of
part of a building nearest the property line.
(Ord. 1758 §1(part), 1995)
Page 18-6 December 4, 1995
TITLE 18 — ZONING
18.06.110 Building, nonconforming.
"Nonconforming building" means a building or
structure which does not conform in its construction,
area, yard requirements or height to the regulations of
the district in which it is located.
(Ord. 1758 §1(part), 1995)
18.06.115 Building permit.
"Building permit" means a permit for construction
in accordance with specific approved plans that are on
file with the DCD.
(Ord. 1758 §1(part), 1995)
18.06.120 Bus station.
"Bus station" means a facility providing connec-
tions between buses serving different inter -city routes.
(Ord. 1758 §1(part), 1995)
18.06.125 Caliper
"Caliper" means the American Association of Nur-
serymen standard for measurement of trunk size of
nursery stock. Caliper of the trunk shall be taken 6
inches above the ground.
(Ord. 1758 §1(part), 1995)
18.06.130 Canopy.
"Canopy" means an area encircling the base of a
tree, the minimum extent of which is delineated by a
vertical line extending from the outer limit of a tree's
branch tips down to the ground.
(Ord. 1758 §1(part), 1995)
18.06.135 Canopy cover.
"Canopy cover" means the cumulative areal
extent of the canopy of all trees on the site.
(Ord. 1758 §1(part), 1995)
18.06.140 Certified arborist.
"Certified arborist" means an arborist certified by
the International Society of Arboriculture or National
Arborist Association.
(Ord. 1758 §1(part), 1995)
18.06.145 Clearing.
"Clearing" means removal or causing to be
removed, through either direct or indirect actions, any
vegetation from a site. Actions considered to be clearing
include, but are not limited to, causing irreversible
damage to roots or trunks; poisoning; destroying the
structural integrity; and /or any filling, excavation, grad-
ing, or trenching in the root area of a tree which has the
potential to cause irreversible damage to the tree.
(Ord. 1758 §1(part), 1995)
18.06.150 Clinic.
"Clinic" means a building designed and used for
the medical, dental and surgical diagnosis and treatment
of patients under the care of doctors and nurses and /or
practitioners.
(Ord. 1758 §1(part), 1995)
18.06.155 Club.
"Club" means an incorporated or unincorporated
association of persons organized for a social, education,
literary or charitable purpose.
(Ord. 1758 §1(part), 1995)
18.06.160 Compensatory mitigation.
"Compensatory mitigation" means replacing pro-
ject- induced wetland and buffer losses or impacts, and
includes, but is not limited to, the following:
(1) Restoration: Actions performed to
reestablish wetland and its buffer functional character-
istics and processes which have been lost by alter-
ations, activities or catastrophic events within an area
which no longer meets the definition of a wetland;
(2) Creation: Actions performed to inten-
tionally establish a wetland and its buffer at a site
where it did not formerly exist;
(3) Enhancement: Actions performed to im-
prove the condition of an existing degraded wetland or
its buffer so that the functions it provides are of a higher
quality.
(Ord. 1758 §1(part), 1995)
18.06.165 Comprehensive Plan.
"Comprehensive Plan" means the adopted City of
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.06.170 Constructed wetlands or watercourses.
"Constructed wetlands" or "constructed water-
courses" means those wetlands or watercourses
which an applicant can demonstrate were intentionally
created from nonwetland or nonwatercourse sites,
including, but not limited to, irrigation and drainage
ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds and land-
scape amenities; and does not mean those wetlands
and watercourses created through compensatory miti-
gation.
(Ord. 1758 §1(part), 1995)
18.06.175 Cooperative parking facility.
"Cooperative parking facility" means an off - street
parking facility shared by two or more buildings or
uses.
(Ord. 1758 §1(part), 1995)
18.06.180 Coverage.
"Coverage" means the percentage of the area of a
lot which is built upon or used for business or com-
mercial purposes.
(Ord. 1758 §1(part), 1995)
18.06.185 Curb -cut.
"Curb -cut" means a depression in the roadside
curb for driveway purposes which provides access to a
parking space on private premises from a public street.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-7
TUKWILA MUNICIPAL CODE
18.06.190 Dangerous waste.
"Dangerous waste" means those solid wastes
designated in WAC 173- 303 -070 through 173 - 303 -103
as dangerous waste.
(Ord. 1758 §1(part), 1995)
18.06.195 Day care center.
"Day care center" means a state licensed agency
which regularly provides care for a group of children
during part of the 24 -hour day.
(Ord. 1758 §1(part), 1995)
18.06.200 Density transfer.
"Density transfer" means a percentage number
which represents a credit for housing units which are
not allowed to be built in wetlands, watercourses or
their buffers. The density transfer is used in a formula
for determining the number of residential units
allowed on the buildable portion of a lot containing
wetlands, watercourses and their buffers.
(Ord. 1758 §1(part), 1995)
18.06.205 Designated facility zone.
"Designated facility zone" means a zoning district
in which hazardous waste treatment and storage facili-
ties are allowed uses, subject to the State siting criteria
designated in RCW Chapter 70.105.
(Ord. 1758 §1(part), 1995)
18.06.210 Development.
"Development" means the construction, recon-
struction, conversion, structural alteration, relocation or
enlargement of any structure that requires a building
permit.
(Ord. 1758 §1(part), 1995)
18.06.215 Development Area.
"Development area" means the impervious
surface area less the following surfaces: the footprint of
an exclusive recreational facility; a proportion of a
recreational facility footprint when contained within a
general use building as follows: the portion of the
footprint area occupied by a recreational facility divided
by the number of floors in that portion of the building;
vehicle circulation aisles between separate parking
areas; sidewalks; paths; and other pedestrian /recreation
facilities clearly designed to enhance the pedestrian
environment.
(Ord. 1758 §1(part), 1995)
18.06.220 Diameter /diameter- breast - height (d.b.h.)
" Diameter /diameter - breast - height" (d.b.h.) means
the diameter of any tree trunk, measured at 4.5 feet
above average grade.
(Ord. 1758 §1(part), 1995)
8.06.225 Director.
"Director" means the Director of the Department of
Community Development.
(Ord. 1758 §1(part), 1995)
8.06.230 District.
"District" means an area or district accurately
defined as to boundaries and location on the official
zoning map and within which district only certain
types of land uses are permitted.
(Ord. 1758 §1(part), 1995)
8.06.235 District, overlay.
"District, overlay" means a set of zoning require-
ments that is described in the title text, mapped, and is
imposed in addition to those of the underlying district
(Ord. 1758 §1(part), 1995)
18.06.240 Driveway.
"Driveway" means a private road giving access
from a public way to a building or abutting grounds.
(Ord. 1758 §1(part), 1995)
18.06.245 Dwelling, manufactured home or mobile
home.
"Manufactured home dwelling" or "mobile home
dwelling" means a detached residential dwelling unit
fabricated in an off -site manufacturing facility for
installation or assembly at the building site, bearing an
insignia issued by the State of Washington certifying
that it is built in compliance with the Federal
Manufactured Housing Construction and Safety
Standards for manufactured homes.
(Ord. 1758 § 1(part), 1995)
18.06.250 Dwelling, multi - family.
"Multi- family dwelling" means a building designed
to house two or more families living independently of
each other. Duration of tenancy in multi - family
dwellings is not less than one month.
(Ord. 1758 §1(part), 1995)
18.06.255 Dwelling, single - family.
"Single- family dwelling" means a detached resi-
dential dwelling unit other than a mobile or manufac-
tured home, designed for and occupied by one family
only, which includes modular homes which are
factory- built, transportable in one or more sections, and
meet the Uniform Building Code.
(Ord. 1758 §1(part), 1995)
18.06.260 Dwelling unit.
"Dwelling unit" means a building or portion
thereof providing complete housekeeping facilities for
one family physically separated from any other
dwelling units which may be in the same structure.
(Ord. 1758 §1(part), 1995)
18.06.265 Emergent wetland.
"Emergent wetland" means a regulated wetland
with at least 30% of the surface area covered by erect,
rooted, herbaceous vegetation as the uppermost
vegetative stratum.
(Ord. 1758 §1(part), 1995)
Page 18-8 December 4, 1995
TITLE 18 — ZONING
18.06.270 Essential public facility.
"Essential public facility" means a facility which
provides a basic public service, provided in one of the
following manners: directly by a government agency,
by a private entity substantially funded or contracted for
by a government agency, or provided by a private
entity subject to public service obligations (i.e., private
utility companies which have a franchise or other legal
obligation to provide service within a defined service
area).
(Ord. 1758 §1(part), 1995)
18.06.275 Essential root zone.
"Essential root zone" means the area located on the
ground between the tree trunk and 10 feet beyond the
canopy.
(Ord. 1758 §1(part), 1995)
18.06.280 Essential use.
"Essential use" means that use for the preservation
or promotion of which the use district was created and
to which all other permitted uses are subordinate.
(Ord. 1758 §1(part), 1995)
18.06.285 Essential street, road, right -of -way or
utility.
"Essential street, road, right -of -way or utility"
means a utility facility, utility system, street, road or
right -of -way where no feasible alternative location
exists based on an analysis of technology and system
efficiency.
(Ord. 1758 §1(part), 1995)
18.06.290 Extremely hazardous waste.
"Extremely hazardous waste" means those solid
wastes designated in WAC 173- 303 -070 through 173-
303 -103 as extremely hazardous waste.
(Ord. 1758 §1(part), 1995)
18.06.295 Family.
"Family" means: one person; two or more persons
related by blood, marriage or adoption; a group of two
or more disabled residents protected under the Federal
Fair Housing Act, who are not related by blood,
marriage or adoption, living together as a single
housekeeping unit; a group of five or fewer residents,
who are not related by blood, marriage or adoption,
living together as a single housekeeping unit; or a group
living arrangement where five or fewer residents
receive supportive services such as counseling, foster
care, or medical supervision at the dwelling unit by
resident or non - resident staff. For purposes of this
definition, minors living with at least one parent or
guardian shall not be counted as part of the maximum
number of residents.
(Ord. 1758 §1(part), 1995)
18.06.300 Family child care home.
"Family child care home" means a state - licensed
facility in the family residence of the licensee providing
regularly scheduled care for 12 or fewer children,
including children who reside at the home, within an
age range of birth through 11 years, exclusively for
periods less than 24 hours. An off - street parking space
shall be made available for any non - resident
employee.
(Ord. 1758 §1(part), 1995)
18.06.305 Fast food restaurant.
"Fast food restaurant" means an establishment
whose principal business is the sale of foods, frozen
desserts, or beverages served in or on disposable con-
tainers for consumption while seated within the build-
ing or in a vehicle or incidentally within a designated
outdoor area, or for takeout with consumption off the
premises.
(Ord. 1758 §1(part), 1995)
18.06.310 Fence.
"Fence" means a wall or barrier for the purpose of
enclosing space, separating parcels of land or acting as a
screen or protective barrier.
(Ord. 1758 §1(part), 1995)
18.06.315 Filling.
"Filling" means the act of transporting or placing (by
any manner or mechanism) fill material from, to, or on
any soil surface, natural vegetative covering of soil
surface, or fill material (including temporary stockpiling
of fill material).
(Ord. 1758 §1(part), 1995)
18.06.320 Fire lane.
"Fire lane" means an aisle, lane or roadway on an
improved site which is designed, constructed and
required for emergency access of fire and aid unit
vehicles.
(Ord. 1758 §1(part), 1995)
18.06.325 Floor area.
"Floor area" means the sum of the gross horizontal
areas of the floors of a building or buildings, measured
from the exterior walls and from the centerline of
divisions walls. Floor area includes basement space,
elevator shafts and stairwells at each floor, mechanical
equipment rooms or attic spaces with headroom of
seven feet six inches or more, penthouse floors, inte-
rior balconies and mezzanines, enclosed porches, and
malls. Floor area shall not include accessory water
tanks and cooling towers, mechanical equipment or
attic spaces with headroom of less than seven feet six
inches, exterior steps or stairs, terraces, breezeways
and open spaces.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-9
TUKWILA MUNICIPAL CODE
18.06.330 Floor area ratio.
"Floor area ratio" means the total floor area of a
building(s) on a site, exclusive of any specific
exceptions, divided by the total site area.
(Ord. 1758 §1(part), 1995)
18.06.335 Forested wetland.
"Forested wetland" means a regulated wetland
with at least 20% of the surface area covered by trees
greater than 20 feet in height.
(Ord. 1758 §1(part), 1995)
18.06.340 Fraternal organization.
"Fraternal organization" means a group of people
formally organized for a common interest, usually
cultural, religious or entertainment, with regular
meetings, rituals and formal written membership
requirements.
(Ord. 1758 §1(part), 1995)
18.06.345 Garage, private.
"Private garage" means sheltered or enclosed space
designed and used for the storage of motor vehicles or
boats of the residents of the premises.
(Ord. 1758 §1(part), 1995)
18.06.350 Garage, public.
"Public garage" means a building or portion thereof
designed and used for the storage, repair or servicing of
motor vehicles or boats as a business.
(Ord. 1758 §1(part), 1995)
18.06.355 Geologist.
"Geologist" means a person who has earned a
degree in geology from an accredited college or
university, or a person who has equivalent educational
training and has experience as a practicing geologist.
(Ord. 1758 §1(part), 1995)
18.06.360 Geotechnical engineer.
"Geotechnical engineer" means a practicing,
geotechnical /civil engineer licensed as a professional
civil engineer with the State of Washington who has at
least four years of professional employment as a
geotechnical engineer with experience in landslide
evaluation.
(Ord. 1758 §1(part), 1995)
18.06.365 Grade.
"Grade" (adjacent ground elevation) means the
lowest point of elevation of the finished surface of the
ground between the exterior wall of a building and a
point five feet distant from said wall, or the lowest
point of elevation of the finished surface of the ground
between the exterior wall of a building and the
property line, if it is less than five feet distant from said
wall. In case walls are parallel to and within five feet
of a public sidewalk, alley, or other public way, the
grade shall be the elevation of the sidewalk, alley or
public way.
(Ord. 1758 §1(part), 1995)
18.06.370 Grading.
"Grading" means any excavating, filling, clearing,
or the creation of impervious surface, or any com-
bination thereof, which alters the existing surface of
the earth.
(Ord. 1758 §1(part), 1995)
18.06.375 Gross leasable floor area.
"Gross leasable floor area" means that part of the
floor area of any structure which is actually used from
time to time for any commercial purposes, such as a
sales area, display area, walkways or storage area. This
definition shall exclude such areas as basements not
used for storage space, elevator shafts and stairwells at
each floor, mechanical equipment rooms or attic
spaces, exterior covered loading docks, and malls.
(Ord. 1758 §1(part), 1995)
18.06.380 Groundcover.
"Groundcover" means trees, shrubs and any other
plants or natural vegetation which covers or shades in
whole or in part the earth's surface.
(Ord. 1758 §1(part), 1995)
18.06.385 Hazardous substance.
"Hazardous substance" means any liquid, solid, gas
or sludge, including any material, substance, product,
commodity or waste, regardless of quantity, that
exhibits any of the characteristics or criteria of
hazardous waste as defined by WAC Chapter 173 -303.
(Ord. 1758 §1(part), 1995)
18.06.390 Hazardous substance processing or
handling.
"Hazardous substance processing or handling"
means the use, storage, manufacture, production, or
other land use activity involving hazardous substances.
Hazardous substances processing and handling activi-
ties do not include individually packaged household
consumer products or quantities of hazardous sub-
stances of less than five gallons in volume per
container.
(Ord. 1758 §1(part), 1995)
18.06.395 Hazardous tree.
"Hazardous tree" means a tree with a structural
defect or disease, or which impedes safe vision or
traffic flow, or otherwise currently poses a threat to life
or property.
(Ord. 1758 §1(part), 1995)
18.06.400 Hazardous waste.
"Hazardous waste" means and includes all waste
as defined in this definitions chapter and all extremely
hazardous waste as defined in this definitions chapter.
(Ord. 1758 §1(part), 1995)
Page 18-10 December 4, 1995
TITLE 18 — ZONING
18.06.405 Hazardous waste storage.
"Hazardous waste storage" means the holding of
hazardous waste for a temporary period. Accumulation
of waste on the site of generation is not storage as long
as the storage complies with applicable requirements of
WAC Chapter 173 -303.
(Ord. 1758 §1(part), 1995)
18.06.410 Hazardous waste treatment.
"Hazardous waste treatment" means the physical,
chemical, or biological processing of dangerous waste to
make such wastes nondangerous or less dangerous,
safer for transport, or amenable for energy or material
resource recovery.
(Ord. 1758 §1(part), 1995)
18.06.415 Hazardous waste treatment and storage
facility, off -site.
"Off -site hazardous waste treatment and storage
facility" means the treatment and storage of hazardous
wastes from generators on properties other than that on
which the off -site facility is located.
(Ord. 1758 §1(part), 1995)
18.06.420 Hazardous waste treatment and storage
facility, on -site.
"On -site hazardous waste treatment and storage
facility" means the treatment and storage of hazardous
wastes generated on the same site.
(Ord. 1758 §1(part), 1995)
18.06.425 High impact environment.
"High impact environment" means the area
between the low- impact environment and a point 200
feet landward from the mean high water mark.
(Ord. 1758 §1(part), 1995)
18.06.430 Home occupation.
"Home occupation" means an occupation or pro-
fession which is customarily incident to or carried on
in a dwelling place, and not one in which the use of
the premises as a dwelling place is largely incidental to
the occupation carried on by a member of the family
residing within the dwelling place; provided, that:
(1) There shall be no change in the outside
appearance of the surrounding residential develop-
ment;
(2) No home occupation shall be conducted in
any accessory building;
(3) Traffic generated by such home occupations
shall not create a nuisance;
(4) No equipment or process shall be used in
such home occupation which creates noise, vibration,
glare, fumes, odor, or electrical interference detectable
to the normal senses off the lot;
(5) The business involves no more than one
person who is not a resident of the dwelling; and
(6) An off - street parking space shall be made
available for any non - resident employee.
(Ord. 1758 §1(part), 1995)
18.06.435 Hospital.
"Hospital" means a building designed and used for
the medical and surgical diagnosis, treatment and hous-
ing of persons under the care of doctors and nurses.
Rest homes, nursing homes, convalescent homes and
clinics are not included.
(Ord. 1758 §1(part), 1995)
18.06.440 Hotel.
"Hotel" means a building or portion thereof
designed or used for the transient rental of five or more
units for sleeping purposes. A central kitchen and
dining room and accessory shops and services catering
to the general public can be provided. Not included are
institutions housing persons under legal restraint or
requiring medical attention or care.
(Ord. 1758 §1(part), 1995)
18.06.445 Impervious surface.
"Impervious surface" means those hard surfaces
which prevent or retard the entry of water into the soil
in the manner that such water entered the soils under
natural conditions prior to development; or a hard
surface area which causes water to run off the surface
in greater quantities or at an increased rate of flow from
the flow present under natural conditions prior to
development. Such surfaces include, but are not
limited to, rooftops, asphalt or concrete paving,
compacted surfaces or other surfaces which similarly
affect the natural infiltration or runoff patterns existing
prior to development.
(Ord. 1758 §1(part), 1995)
18.06.450 Infrastructure.
"Infrastructure" means the basic installations and
facilities on which the continuance and growth of a
community depend, such as roads, public buildings,
schools, parks, transportation, water, sewer, surface
water and communication systems.
(Ord. 1758 §1(part), 1995)
18.06.455 Isolated wetlands.
"Isolated wetlands" means those wetlands which:
(1) Are outside of and not contiguous to any
lake, river or stream, in accordance with current State
and federal regulations; and
(2) Have no contiguous hydric soil and hy-
drophytic vegetation between the wetland and any
regulated surface water.
(Ord. 1758 §1(part), 1995)
18.06.460 Junk yard.
"Junk yard" means a lot, land or structure, or part
thereof, used for the collection, storage and sale of
waste paper, rags, scrap metal or discarded material; or
December 4, 1995 Page 18-11
TUKWILA MUNICIPAL CODE
for the collecting, dismantling, storage, salvaging and
sale of parts of machinery or vehicles not in running
condition.
(Ord. 1758 §1(part), 1995)
18.06.465 Kennel.
"Kennel" means a place where four or more dogs
or cats or any combination thereof are kept.
(Ord. 1758 §1(part), 1995)
18.06.470 Laboratory, medical and dental.
"Medical or dental laboratory" means premises
devoted to sample testing or product development in
any branch of medicine or dentistry, including the
application of scientific principles in testing, analysis, or
preparation of drugs, chemicals or other products or
substances but specifically excluding the commercial
manufacturing or storage and distribution operations in
excess of 20,000 square feet of floor area.
(Ord. 1758 §1(part), 1995)
18.06.475 Land - altering activity.
"Land- altering activity" means any activity that
results in change of the natural cover or topography, as
defined in TMC 16.54, Land Altering.
(Ord. 1758 §1(part), 1995)
18.06.480 Land - altering permit.
"Land- altering permit" means a permit for land -
altering activity issued by the City of Tukwila pursuant
to TMC 16.54, Land Altering.
(Ord. 1758 §1(part), 1995)
18.06.485 Landscape architect.
"Landscape architect" means a person licensed by
the State of Washington to engage in the practice of
landscape architecture as defined by RCW 18.96.030.
(Ord. 1758 §1(part), 1995)
18.06.490 Landscaping or landscaped areas.
"Landscaping or landscaped areas" means natural
vegetation such as trees, shrubs, groundcover, and
other landscape materials arranged in a manner to
produce an aesthetic effect appropriate for the use to
which the land is put.
(Ord. 1758 §1(part), 1995)
18.06.495 Loading space.
"Loading space" means a space which is on the
same site with the principal use served and which
provides for the temporary parking of a vehicle while
loading or unloading merchandise, materials or passen-
gers.
(Ord. 1758 §1(part), 1995)
18.06.500 Lot.
"Lot" means a physically separate and distinct
parcel of property which has been created by plat, short
plat or binding site plan, or which by reason of its
ownership history, was used as a separate legal
building site prior to the requirement that lots be
created by plat, short plat or binding site plan.
(Ord. 1758 §1(part), 1995)
18.06.505 Lot area.
"Lot area" means the total horizontal area within
the boundary lines of a lot and exclusive of street right -
of -way or street easement.
(Ord. 1758 §1(part), 1995)
18.06.510 Lot, corner.
"Corner lot" means a lot abutting two or more
streets or parts of the same street forming an interior
angle of less than 135 degrees within the lot lines.
(Ord. 1758 §1(part), 1995)
18.06.515 Lot coverage.
"Lot coverage" means the surface of the subject
property covered with impervious surface, other than
outdoor pools.
(Ord. 1758 §1(part), 1995)
18.06.520 Lot depth.
"Lot depth" means the mean dimension of the lot
from the front street line to the rear line.
(Ord. 1758 §1(part), 1995)
18.06.525 Lot frontage.
"Lot frontage" means that front portion of a lot
nearest the street, except on a corner lot in which case
the front yard shall be considered the narrowest part of
the lot that abuts a street.
(Ord. 1758 §1(part), 1995)
18.06.530 Lot lines.
"Lot lines" means the property lines bounding the
lot; except that in MDR and HDR zones, lot lines shall
also include the curbline or edge or easement,
whichever provides a greater width, of any adjacent
`access roads'.
(Ord. 1758 §1(part), 1995)
18.06.535 Lot, interior.
"Interior lot" means a lot other than a corner lot
with only one frontage on a street.
(Ord. 1758 §1(part), 1995)
18.06.540 Lot, through.
"Through lot" means a lot fronting on two streets
that do not intersect on the parcel's lot lines.
(Ord. 1758 §1(part), 1995)
18.06.545 Lot width.
"Lot width" means the mean horizontal distance
between lot side lines.
(Ord. 1758 §1(part), 1995)
Page 18 -12
December 4, 1995
TITLE 18 — ZONING
18.06.550 Low impact environment.
"Low impact environment" means the area
between the River Environment and a point 100 feet
landward from the mean high water mark having
environmentally protective land use regulations as
established in the Shoreline Overlay District chapter of
this title.
(Ord. 1758 §1(part), 1995)
18.06.555 Major adjustment.
"Major adjustment" means an adjustment
determined by the Director as a major change in a final
development plan which changes the basic design,
density, open space or other substantive requirements
or provisions.
(Ord. 1758 §1(part), 1995)
18.06.560 Mall.
"Mall" means an enclosed public area, typically a
concourse, designed as a pedestrian walkway along
rows of shops and often set with landscaping and /or
seating.
(Ord. 1758 §1(part), 1995)
18.06.565 Manufactured /mobile home park.
"Manufactured /mobile home park" means a
master planned development consisting of a grouping
of manufactured or mobile home dwellings, and may
include park management offices and accessory
community facilities for the exclusive use of park
residents, such as recreation, laundry or storage
facilities.
(Ord. 1758 §1(part), 1995)
18.06.570 Mean high water mark.
"Mean high water mark" means the elevation of
the surface of Green River and Duwamish River
waters when the discharge rate at the U. S. Geological
Survey Stream Gauging Station, Green River near
Auburn (121130), is 9,000 cfs and as determined by
maps on file with the City Clerk.
(Ord. 1758 §1(part), 1995)
18.06.575 Mining and quarrying.
"Mining and quarrying" means removal and
processing of sand, gravel, rock, peat, black soil, and
other natural deposits, greater than 50,000 cubic yards
cumulative.
(Ord. 1758 §1(part), 1995)
18.06.580 Minor adjustment.
"Minor adjustment" means any change which is
not determined by the Director to be a major change.
(Ord. 1758 §1(part), 1995)
18.06.585 Motel.
"Motel" includes tourist cabins, tourist court, motor
lodge, auto court, cabin court, motor inn and similar
names. A motel is a building or buildings, detached or
in connected units or designed as a single structure, the
units of which are used as individual sleeping or
dwelling units having their own private toilet facilities,
and may or may not have their own kitchen facilities,
and are designed primarily for the accommodation of
transient automobile travelers. Accommodations for
travel trailers are not included.
(Ord. 1758 §1(part), 1995)
18.06.590 Nonconforming use.
"Nonconforming use" means the use of land
which does not conform to the use regulations of the
district in which the use exists.
(Ord. 1758 §1(part), 1995)
18.06.595 Open space.
"Open space" means that area of a site which is
free and clear of building and structures and is open and
unobstructed from the ground to the sky.
(Ord. 1758 §1(part), 1995)
18.06.600 Open space tract.
"Open space tract" means a tract that is established
to preserve open space, and which is recorded on all
documents of title of record for all affected lots and
subsequent owners.
(Ord. 1758 §1(part), 1995)
18.06.605 Ordinary high water mark.
"Ordinary high water mark (OHWM)" means the
mark that will be found by examining the bed and
banks of a stream and ascertaining where the presence
and action of waters are so common and usual as to
distinctly mark the soil from that of the abutting upland,
in respect to vegetation.
(Ord. 1758 §1(part), 1995)
18.06.610 Parcel.
"Parcel" means a tract or plat of land of any size
which may or may not be subdivided or improved.
(Ord. 1758 §1(part), 1995)
18.06.615 Parking space.
"Parking space" means an off - street parking space
which is maintained and used for the sole purpose of
accommodating a temporarily parked motor vehicle
and which has access to a street or alley.
(Ord. 1758 §1(part), 1995)
18.06.620 Performance standards.
"Performance standards" means specific criteria for
fulfilling environmental goals, and for beginning reme-
dial action, mitigation or contingency measures, which
may include water quality standards or other hydrolog-
ical, geological or ecological criteria.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-13
TUKWILA MUNICIPAL CODE
18.06.625 Person.
"Person" means any legal entity recognized by the
State of Washington for the purpose of assigning legal
responsibility, to include — but not limited to — indi-
viduals, partnerships, corporations, associations,
commissions, boards, utilities, institutions, and estates.
(Ord. 1758 §1(part), 1995)
18.06.630 Plan.
"Plan" means a sketch, survey or other drawing,
photograph or similar document which may be a part
of the set of permit drawings or construction
documents, sufficient for the Director to make a final
permit decision.
(Ord. 1758 §1(part), 1995)
18.06.635 Planned Residential Development
(PRD).
"Planned residential development (PRD)" means a
form of residential development characterized by a
unified site design for a number of dwelling units,
clustered buildings, common open space, and a mix of
building types. The PRD is an overlay district which is
superimposed over the underlying district as an
exception to such district regulations, as processed
through procedures specified in the Planned
Residential Development District chapter of this title.
(Ord. 1758 §1(part), 1995)
18.06.640 Property owner.
"Property owner" means the owner of record for a
site, or his or her authorized representative.
(Ord. 1758 §1(part), 1995)
18.06.645 Protected tree /protected vegetation.
"Protected tree /protected vegetation" means tree or
area of understory vegetation identified on an approved
landscape plan to be retained and protected during
construction.
(Ord. 1758 §1(part), 1995)
18.06.650 Protection measure.
"Protection measure" means the practice or com-
bination of practices (e.g. construction barriers, protec-
tive fencing, tree wells, etc.) used to control construc-
tion or development activity, where such activity may
impact vegetation which is approved for retention in a
Tree Clearing Permit.
(Ord. 1758 §1(part), 1995)
18.06.655 Protective fencing.
"Protective fencing" means the temporary fence or
other structural barrier installed to prevent permitted
clearing or construction activity from adversely affecting
vegetation which is approved for retention in a Tree
Clearing Permit.
(Ord. 1758 §1(part), 1995)
18.06.660 Reach.
"Reach" means a segment of a watercourse with
uniform characteristics.
(Ord. 1758 §1(part), 1995)
18.06.665 Recreation space.
"Recreation space" means covered and uncovered
space designed and intended for active and /or passive
recreational activity including but not limited to tennis
courts, swimming pools, cabanas, playgrounds, play -
fields, or wooded areas, and specifically excluding any
parking area, driveway, or rockery.
(Ord. 1758 §1(part), 1995)
18.06.670 Recreation space, covered.
"Covered recreation space" means an area of
ground covered or overlaid by an artificial or manmade
surface, such as rooftops or pavement.
(Ord. 1758 §1(part), 1995)
18.06.675 Recreation space, uncovered.
"Uncovered recreation space" means an area of
ground characterized by a natural surface, such as
lawn, forests, or sandboxes (for children's play).
(Ord. 1758 §1(part), 1995)
18.06.680 Regulated wetlands.
"Regulated wetlands" means ponds or lakes 30
acres or less and those lands subject to the "wetland"
definition contained in this chapter. Isolated wetlands
that are 1,000 square feet or smaller in area may not
require compensatory mitigation.
(Ord. 1758 §1(part), 1995)
18.06.685 Residence.
"Residence" means a building or structure, or
portion thereof, which is designed for and used to
provide a place of abode for human beings.
(Ord. 1758 §1(part), 1995)
18.06.690 River channel.
"River channel" means
environment lying riverward
mark.
that area of the river
of the mean high water
(Ord. 1758 §1(part), 1995)
18.06.695 River environment.
"River environment" means the area between the
mean high water mark and a point 40 feet landward
from the mean high water mark, having the most
environmentally protective land use regulations as
established in the Shoreline Overlay District chapter of
this title.
(Ord. 1758 §1(part), 1995)
18.06.700 Sanitarium.
"Sanitarium" means a facility designed and used for
the care, treatment and housing of persons with
Page 18-14 December 4, 1995
TITLE 18 — ZONING
specific chronic diseases. Convalescent homes are not
included.
(Ord. 1758 §1(part), 1995)
18.06.705 Screening.
"Screening" means a continuous fence and /or
evergreen landscaped planting that effectively conceals
the property it encloses.
(Ord. 1758 §1(part), 1995)
18.06.710 Sensitive area buffer.
"Sensitive area buffer" means an area lying
adjacent to but outside a sensitive area as defined by
this Title, whose function is to protect sensitive areas
from the potential adverse impacts of development,
land use, or other activities. A wetland or watercourse
sensitive area buffer also provides critical habitat value,
bank stabilization, and water overflow area functions.
(Ord. 1758 §1(part), 1995)
18.06.715 Sensitive area regulated activities.
"Sensitive area regulated activities" means any of
the following activities which are directly undertaken
or originate in a regulated wetland or watercourse or
their buffers:
(1) Removal, excavation, grading or dredging of
soil, sand, gravel, minerals, organic matter or material of
any kind;
(2) Dumping, discharging or filling with any
material;
(3) Draining, flooding or disturbing the water
level or water table;
(4) Driving of pilings;
(5) Placing of obstructions;
(6) Construction, reconstruction, demolition or
expansion of any structure;
(7) Destruction or alteration of wetlands,
watercourses or their buffers through clearing, harvest-
ing, shading, intentional burning or planting of vegeta-
tion that would alter the character of a regulated wet-
land, watercourse or buffer, provided that these activi-
ties are not part of a forest practice governed under
RCW Chapter 76.09 and its rules; or
(8) Activities that result in a significant change
to the water sources of wetlands or watercourses.
These alterations include a significant change in water
temperature; physical or chemical characteristics,
including quantity; and the introduction of pollutants.
(Ord. 1758 §1(part), 1995)
18.06.720 Sensitive areas.
"Sensitive areas" means wetlands, watercourses,
areas of potential geologic instability (other than Class 1
areas), abandoned coal mine areas, and important
geological or archaeological sites.
(Ord. 1758 §1(part), 1995)
18.06.725 Sensitive areas ordinance.
"Sensitive Areas Ordinance" means the Sensitive
Areas Overlay District chapter of this title or as
amended hereafter which establishes standards for
land development on lots with sensitive areas (e.g.
steep slopes, wetlands, watercourses, etc.).
(Ord. 1758 §1(part), 1995)
18.06.730 Sensitive area tract.
"Sensitive area tract" means a tract which is created
to protect the sensitive area and its buffer, whose main-
tenance is assured, and which is recorded on all
documents of title of record for all affected lots and
subsequent owners.
(Ord. 1758 §1(part), 1995)
18.06.735 Service station.
"Service station" means any area of land, including
structures thereon, that is used for the sale of gasoline
or other motor fuels, oils, lubricants, and auto acces-
sories which may or may not include washing, lubri-
cating, tune -ups, and other minor servicing incidental
to this use, but no painting or major repair operations.
(Ord. 1758 §1(part), 1995)
18.06.740 Setbacks.
"Setbacks" means the distances that buildings or
uses must be removed from their lot lines except that
roof eaves may intrude a maximum of 18 inches into
this area.
(Ord. 1758 §1(part), 1995)
18.06.745 Shelter station.
"Shelter station" means a shelter for protection
from the elements for the waiting customers of a
public transportation system.
(Ord. 1758 §1(part), 1995)
18.06.750 Shopping center, planned.
"Planned shopping center" means a group of archi-
tecturally unified commercial establishments built on a
site which is planned, developed, owned, and man-
aged as an operating unit related in its location, size, and
type of shops to the trade area that the unit serves. The
unit provides on -site parking in definite relationship to
the types and total size of the stores.
(Ord. 1758 §1(part), 1995)
18.06.755 Shopping center (mall), planned.
"Planned shopping center (mall)" means the same
as "planned shopping center" except that this type of
shopping center maintains an enclosed mall or com-
mon concourse and has a gross leasable area of more
than 25,000 square feet.
(Ord. 1758 §1(part), 1995)
18.06.760 Shoreline.
"Shoreline" means the line at mean high water
surrounding any body of water of 20 acres or larger or
December 4, 1995 Page 18-15
TUKWILA MUNICIPAL CODE
where the mean flow is 20 cubic feet per second or
greater.
(Ord. 1758 §1(part), 1995)
18.06.765 Shoreline zone.
"Shoreline zone" means a 200 -foot area
surrounding any shoreline in Tukwila composed of
three zones: (1) river environment, (2) low impact
environment, and (3) high impact environment.
(Ord. 1758 §1(part), 1995)
18.06.770 Sign.
"Sign" means any medium, including paint on
walls, merchandise, or visual communication device,
its structure and component parts, which is used or
intended to be used to attract attention to the subject
matter for advertising or identification purposes.
Bulletin boards and readerboards are considered to be
signs.
(Ord. 1758 §1(part), 1995)
18.06.775 Significant Tree.
A "significant tree" means a tree (Cottonwood
excluded) which is 4 inches or more in diameter as
measured 5 feet above grade.
(Ord. 1758 §1(part), 1995)
18.06.780 Site.
"Site" means any legally defined section of real
property, whose boundaries are recorded for purposes
of assessing taxes with the County Assessor's Office.
(Ord. 1758 §1(part), 1995)
18.06.785 Solid planting.
"Solid planting" means a planting of evergreen
trees and /or shrubs which will prevent a through and
unobscured penetration of sight or light.
(Ord. 1758 §1(part), 1995)
18.06.790 Story.
"Story" means that portion of a building included
between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost
story shall be that portion of a building included
between the upper surface of the topmost floor and the
ceiling or roof above. If the finished floor level directly
above a basement is more than two feet above grade
for more than 20% of the total perimeter or is twelve
feet above grade as defined at any point, such
basement shall be considered as a story.
(Ord. 1758 §1(part), 1995)
18.06.795 Street.
"Street" means a public thoroughfare which affords
the principal means of access to abutting properties.
(Ord. 1758 §1(part), 1995)
18.06.800 Structure.
"Structure" means a combination of materials con-
structed and erected permanently on the ground or
attached to something having a permanent location on
the ground, but excluding all forms of vehicles even
though immobilized. Not included are residential
fences, retaining walls less than three feet in height,
rockeries and similar improvements of minor charac-
ter.
(Ord. 1758 §1 (part), 1995)
18.06.805 Structural alteration.
"Structural alteration" means any change in load or
stress of the loaded or stressed members of a building
or structure.
(Ord. 1758 §1(part), 1995)
18.06.810 Studios.
"Studios" means a building or portion of a building
used as a place of work by an artist, photographer, or
artisan, or used for dance instruction.
(Ord. 1758 §1(part), 1995)
18.06.815 Substantial construction.
"Substantial construction" means completion of
more than 50% of the cost of work described in
specified and approved plans.
(Ord. 1758 §1(part), 1995)
18.06.820 Surveyor.
"Surveyor" means a person licensed by the State
of Washington to engage in the practice of land
surveying, as defined by RCW 18.43.020.
(Ord. 1758 §1(part), 1995)
18.06.825 Tract.
"Tract" means a parcel which may be several acres
in area.
(Ord. 1758 §1(part), 1995)
18.06.830 Trailer court or park.
"Trailer court or park" means any area of land
occupied or designed for the occupancy of two or more
travel trailers or mobile homes.
(Ord. 1758 §1(part), 1995)
18.06.835 Trailer, travel.
"Travel trailer" means a vehicular portable struc-
ture built on a chassis, designed to be used as a tempo-
rary dwelling for travel and recreational purposes.
(Ord. 1758 §1(part), 1995)
18.06.840 Transit center.
"Transit center" means a location where groups of
buses or other public transportation vehicles can be
brought together at the same time, allowing patrons to
transfer between the routes.
(Ord. 1758 §1(part), 1995)
18.06.845 Tree.
"Tree" means any self- supporting woody plant,
characterized by one main trunk, with a potential
Page 18 -16
December 4, 1995
TITLE 18 — ZONING
diameter - breast - height of 2 inches or more and
potential minimum height of 10 feet.
(Ord. 1758 §1(part), 1995)
18.06.850 Tree clearing permit.
"Tree clearing permit" means a permit issued by
the Director authorizing tree clearing activities,
pursuant to the general permit provisions of this title.
(Ord. 1758 §1(part), 1995)
18.06.855 Turbidity.
"Turbidity" means a cloudy condition in water due
to the suspension of silt, finely divided organic matter,
or other pollutants.
(Ord. 1758 §1(part), 1995)
18.06.860 Understory vegetation.
"Understory vegetation" means small trees,
shrubs, and groundcover plants, growing beneath and
shaded by the canopy of a significant tree, which affect
and are affected by the soil and hydrology of the area
surrounding the significant tree roots.
(Ord. 1758 §1(part), 1995)
18.06.865 Use.
"Use" means the nature of the occupancy, the type
of activity, or the character and form of improvements
to which land is devoted or may be devoted.
(Ord. 1758 §1(part), 1995)
18.06.870 Use, accessory.
"Accessory use" means a use incidental and sub-
ordinate to the principal use and located on the same lot
or in the same building as the principal use.
(Ord. 1758 §1(part), 1995)
18.06.875 Use, conditional.
"Conditional use" means an unusual and /or
unique type of land use which, due to its nature,
requires special consideration of its impacts on the
neighborhood and land uses in the vicinity.
(Ord. 1758 §1(part), 1995)
18.06.880 Use, permitted.
"Permitted use" means any use authorized or
permitted alone or in conjunction with any other use
in a specified district and subject to the limitation of the
regulations of such use district.
(Ord. 1758 §1(part), 1995)
18.06.885 Use, primary or principal.
"Primary or principal permitted use" means the
use for which a lot, structure or building, or the major
portion thereof, is designed or actually employed.
(Ord. 1758 §1(part), 1995)
18.06.890 Use, unclassified.
"Unclassified use" means an unusual, large - scale,
unique and /or special type of land use which, due to
its nature, requires special review of its impacts on the
community and land uses in the vicinity.
(Ord. 1758 §1(part), 1995)
18.06.895 Unlisted use.
"Unlisted use" means uses which are not specifi-
cally named as permitted in any use classification
contained within this title.
(Ord. 1758 §1(part), 1995)
18.06.900 Utilities.
"Utilities" means all lines and facilities related to the
provision, distribution, collection, transmission or
disposal of water, storm and sanitary sewage, oil, gas,
power, information, telecommunication and telephone
cable, or refuse, and includes facilities for the generation
of electricity.
(Ord. 1758 §1(part), 1995)
18.06.905 Variance.
"Variance" means an adjustment in the specific
regulation of this title regarding a particular piece of
property as provided in the Variance chapter of this title.
(Ord. 1758 §1(part), 1995)
18.06.910 Vegetation.
"Vegetation" means living trees, shrubs or
groundcover plants.
(Ord. 1758 §1(part), 1995)
18.06.915 Vehicles.
"Vehicles" means mechanical devices capable of
movement by means of wheels, skids or runners of
any kind, specifically including, but not limited to, all
forms of trailers, recreational vehicles or mobile homes
of any size whether capable of supplying their own
motive power or not, without regard to whether the
primary purpose of which device is or is not the
conveyance of persons or objects, and specifically
including all such automobiles, buses, trucks, cars,
vans, recreational vehicles, trailers and mobile homes
even though they may be at any time immobilized in
any way and for any period of time of whatever
duration.
(Ord. 1758 §1(part), 1995)
18.06.920 Watercourse.
"Watercourse" means a course or route formed by
nature or modified by man, generally consisting of a
channel with a bed and banks or sides substantially
throughout its length along which surface water flows
naturally other than the Green /Duwamish River. The
channel or bed need not contain water year- round.
Watercourses do not include irrigation ditches,
stormwater runoff channels or devices, or other
entirely artificial watercourses unless they are used by
salmonids or to convey or pass through stream flows
naturally occurring prior to construction of such
devices.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-17
TUKWILA MUNICIPAL CODE
18.06.925 Wetland edge.
"Wetland edge" means the boundary of a wetland
as delineated based on the 1987 manual in use
January 1, 1995 by the U.S. Environmental Protection
Agency and the U.S. Army Corps of Engineers.
(Ord. 1758 §1(part), 1995)
18.06.930 Wetlands.
"Wetlands" means those areas that are inundated
or saturated by groundwater or surface water at a
frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include bogs, swamps,
marshes, ponds, lakes and similar areas. Constructed
wetlands are not considered wetlands for the purposes
of this chapter. However, those artificial wetlands
intentionally created from nonwetland areas to mitigate
conversion of wetlands as permitted by the City shall
be considered wetlands.
(Ord. 1758 §1(part), 1995)
18.06.935 Yard.
"Yard" means a required open space unoccupied
and unobstructed by any structure or portion of a struc-
ture from 30 inches above the general ground level of
the graded lot upward.
(Ord. 1758 §1(part), 1995)
18.06.940 Yard, front.
"Front yard" means a yard extending between side
lot lines across the front of a lot. In MDR and HDR
zones, this shall also include areas adjacent to `access
roads'.
(Ord. 1758 §1(part), 1995)
18.06.945 Yard, rear.
"Rear yard" means a yard extending across the rear
of the lot between inner side yard lines.
(Ord. 1758 §1(part), 1995)
18.06.950 Yard, second front.
"Second front yard" means any yard adjacent to a
public street that is not a front yard as defined in the
Definitions chapter of this title. (See also the
Supplemental Development Regulations chapter of this
title and Figure 18 -4.)
(Ord. 1758 §1(part), 1995)
18.06.955 Yard, side.
"Side yard" means a yard extending from the rear
line of the required front yard to the rear lot line, or in
the absence of any clearly defined rear lot line to the
point on the lot farthest from the intersection of the lot
line involved with the public street.
(Ord. 1758 §1(part), 1995)
Chapter 18.08
DISTRICTS ESTABLISHED — MAP
Sections:
18.08.010
18.08.020
18.08.030
18.08.040
18.08.050
Use districts.
Unclassified areas.
Official zoning map.
Rules of interpretation.
Title compliance.
18.08.010 Use districts.
In order to classify, segregate and regulate the uses
of land, buildings, and structures, the City is divided
into the following use districts:
LDR Low Density Residential
MDR Medium Density Residential
HDR High Density Residential
MUO Mixed Use Office
0 Office
RCC Residential Commercial Center
NCC Neighborhood Commercial Center
RC Regional Commercial
RCM Regional Commercial Mixed -use
TUC Tukwila Urban Center
C /LI Commercial /Light Industrial
LI Light Industrial
HI Heavy Industrial
MIC /L Manufacturing Industrial Center /Light
MIC /H Manufacturing Industrial Center /Heavy
TVS Tukwila Valley South
PRO Public Recreation Overlay
SOD Shoreline Overlay
SAOD Sensitive Areas Overlay
(Ord. 1758 §1(part), 1995)
18.08.020 Unclassified areas.
All lands not classified according to the classification
in the use districts section of this chapter on the official
zoning map, and all lands, if any, of the City not
shown on the official zoning map, shall be considered
unclassified and, pending future classification, shall be
subject to the restrictions and regulation of the LDR
district.
(Ord. 1758 §1(part), 1995)
18.08.030 Official zoning map.
The boundaries of the use districts as outlined in
the use districts section of this chapter are shown on
the official zoning map which, together with all
explanatory matters thereon, is hereby adopted by
reference and declared to be a part of this title. The
regulations of this title governing the uses of land,
buildings and structures, the height of buildings and
structures, the sizes of yards about buildings and
structures, and other matters set forth in this title are
hereby established and declared to be in effect upon all
Page 18-18 December 4, 1995
TITLE 18 — ZONING
land included within the boundaries of each and every
district shown upon said zoning map.
The boundaries of the use districts shall be deter-
mined and defined or redefined from time to time, by
the adoption of district maps covering the City showing
the geographical area and location of the districts. Each
district map shall be, upon its final adoption, a part of
this title, and the map and all notations, references and
other information shown thereon, thereafter shall be
made a part of this title as though all matters and infor-
mation set forth on the map were fully described
herein.
The official zoning map shall be identified by the
signature of the Mayor, attested by the City Clerk and
shall bear the seal of the City of Tukwila. The original
of the official zoning map shall be retained in the office
of the City Clerk.
(Ord. 1758 §1(part), 1995)
18.08.040 Rules of interpretation.
When uncertainty exists as to the boundaries of
any use district shown on the official zoning map, the
following rules of interpretation shall apply:
(1) Where district boundaries are indicated as
approximately following the centerline of streets,
alleys, highways, structure or railroad tracts, the actual
centerline shall be construed to be the boundary;
(2) Where district boundaries are indicated as
running approximately parallel to the centerline of a
street, the boundary line shall be construed to be paral-
lel to the centerline of the street;
(3) Where district boundaries are indicated on
such map as approximately following the lot or tract
lines, the actual lot or tract lines shall be construed to be
the boundary of such use district;
(4) Where a district boundary on the official
zoning map divides a tract in unsubdivided property,
the location of the use district boundary, unless the
same is indicated by dimensions thereon, shall be
determined by use of the scale appearing on the official
zoning map;
(5) Unmapped shorelands shall be considered
to be within the same land use district as the adjacent
upland as shown on the official zoning map;
(6) Where a public street or alley is officially
vacated or abandoned, the regulations applicable to the
abutting property to which the vacated portion reverts
shall apply to such vacated or abandoned street or alley;
(7) Where a district boundary line divides a lot
which was in single ownership at the time of passage
of this title, the Board of Adjustment may permit, as a
special exception, the extension of the regulations for
either portion of the lot not to exceed 50 feet beyond
the district line into the remaining portion of the lot;
(8) In case uncertainty exists which cannot be
determined by application of the foregoing rules, the
Board of Adjustment shall determine the location of
such use district boundaries.
(Ord. 1758 §1(part), 1995)
18.08.050 Title compliance.
Except as provided in this title:
(1) No building or structure shall be erected
and no existing building or structure shall be moved,
altered, added to or enlarged, nor shall any land, build-
ing, structure or premises be used, designed or
intended to be used for any purpose or in any manner
other than a use listed in this title as permitted in the
use district in which such land, building, structure or
premises is located.
(2) No building or structure shall be erected,
nor shall any existing building or structure be moved,
reconstructed or structurally altered, to exceed in
height the limit established by this title for the use
district in which such building or structure is located.
(3) No building or structure shall be erected,
nor shall any building or structure be moved, altered,
enlarged or rebuilt, nor shall any open spaces sur-
rounding any building or structure be encroached upon
or reduced in any manner, except in conformity with
the building site requirements and the area and yard
regulations established by this title for the use district in
which such building or structure is located.
(4) No yard or other open spaces, provided
about any building or structure for the purpose of
complying with the regulations of this title, shall be
considered as providing a yard or open space for any
other building or structure.
(Ord. 1758 § 1(part), 1995)
December 4, 1995 Page 18-19
TUKWILA MUNICIPAL CODE
Chapter 18.10
LOW DENSITY RESIDENTIAL
(LDR) DISTRICT
Sections:
18.10.010 Purpose.
18.10.020 Permitted uses.
18.10.030 Accessory uses.
18.10.040 Conditional uses.
18.10.050 Unclassified uses.
18.10.060 Basic development standards.
18.10.010 Purpose.
This district implements the Low Density
Residential Comprehensive Plan designation, which
allows a maximum of 6.7 dwelling units per net acre.
It is intended to provide low density family residential
areas together with a full range of urban infrastructure
services in order to maintain stable residential
neighborhoods, and to prevent intrusions by
incompatible land uses.
(Ord. 1758 §1(part), 1995)
18.10.020 Permitted uses.
The following uses are permitted outright within
the LDR district, subject to compliance with all other
applicable requirements of the Tukwila Municipal
Code.
(1) Dwelling — One detached single- family
unit per lot, (includes factory -built or modular home
that meets UBC).
(2) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(3) Public parks, trails, picnic areas and
playgrounds, but not including amusement parks, golf
courses, or commercial recreation.
(Ord. 1758 §1(part), 1995)
18.10.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the LDR
district.
(1) Adult day care and adult family homes.
(2) Accessory dwelling unit, provided:
(A) minimum lot of 7,200 square feet;
(B) accessory dwelling unit is no more
than 33% of the square footage of the primary residence
and a maximum of 1,000 square feet, whichever is
less;
(C) one of the residences is the primary
residence of a person who owns at least 50% of the
property,
(D) dwelling unit is incorporated into the
primary detached single - family residence, not a
separate unit, so that both units appear to be of the
same design as if constructed at the same time;
(E) minimum of three parking spaces on
the property with units less than 600 square feet, and a
minimum of four spaces for units over 600 square feet;
and
(F) the units are not sold as
condominiums.
(3) Family child care home.
(4) Garage or carport (private) not exceeding
1,500 square feet in floor area, provided it is located on
the same lot as the principal use and is subject to the
regulations affecting the main building.
(5) Greenhouses (noncommercial) and storage
sheds not exceeding 1,000 square feet in floor area.
(6) Home occupations.
(7) Parking areas.
(8) Private stable, if located not less than 60
feet from front lot line nor less than 30 feet from a side
or rear lot line. It shall provide capacity for not more
than one horse, mule or pony for each 20,000 square
feet of stable and pasture area, but not more than a total
of two of the above - mentioned animals shall be
allowed on the same lot.
(Ord. 1758 §1(part), 1995)
18.10.040 Conditional uses.
The following uses may be allowed within the
LDR district, subject to the requirements, procedures,
and conditions established by the Conditional Use
Permits chapter of this title.
(1) Cemeteries and crematories.
(2) Churches and community center
buildings.
(3) Electrical substations -- distribution.
(4) Fire and police stations.
(5) Libraries, museums or art galleries (public).
(6) Schools, preschool, elementary, junior and
senior high schools (public), and equivalent private
schools.
(7) Radio, television, microwave, cellular or
observation stations and towers.
(8) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(Ord. 1758 §1(part), 1995)
18.10.050 Unclassified uses.
The following uses may be allowed within the
LDR district, subject to the requirements, procedures
and conditions established by the Unclassified Use
Permits chapter of this title.
(1) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions.
(Ord. 1758 §1(part), 1995)
Page 18-20 December 4, 1995
TITLE 18 — ZONING
18.10.060 Basic development standards.
Development within the LDR district shall conform
to the following listed and referenced standards:
LDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
6,500 sq. ft.
Average lot width (min. 20 ft. street
frontage width), minimum
50 feet
Floor area ratio for all structures
50% maximum
Setbacks to yards (minimum):
• Front, 1st floor
20 feet
• Front, 2nd floor
30 feet
• Front, decks or porches
15 feet
• Second front, 1st floor
10 feet
• Second front, 2nd floor
15 feet
• Sides
5 feet
• Rear
10 feet
Height, maximum
30 feet
Off - street parking
• Residential
2 per dwelling unit
• Accessory dwelling unit
See Accessory
Use section of this
chapter
• Other uses
See Off - street
Parking & Loading
Regulations
chapter
(Ord.
1758 §1(part),
1995
Chapter 18.12
MEDIUM DENSITY RESIDENTIAL
(MDR) DISTRICT
Sections:
18.12.010
18.12.020
18.12.030
18.12.040
18.12.050
18.12.060
18.12.070
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
Design review.
Basic development standards.
18.12.010 Purpose.
This district implements the Medium Density
Residential Comprehensive Plan designation, which
allows up to 14.5 dwelling units per net acre. It is
intended to provide areas for family and group residen-
tial uses, and serves as an alternative to lower density
family residential housing and more intensively
developed group residential housing and related uses.
Through the following standards this district provides
medium - density housing designed to provide:
(1) Individual entries and transition from
public and communal areas to private areas;
(2) Building projections, level changes and so
forth to effectively define areas for a variety of outdoor
functions as well as privacy; and
(3) Landscaping and open space to serve as
extension of living areas.
(Ord. 1758 §1(part), 1995)
18.12.020 Permitted uses.
The following uses are permitted outright within
the Medium Density district, subject to compliance
with all other applicable requirements of the Tukwila
Municipal Code.
(1) Dwelling — One detached single- family
unit per lot (includes factory -built or modular home
that meets UBC).
(2) Dwelling — Multi- family duplex, triplex, or
fourplex units.
(3) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(4) Day care centers.
(5) Public parks, trails, picnic areas and
playgrounds, but not including amusement parks, golf
courses, or commercial recreation.
(Ord. 1758 §1(part), 1995)
18.12.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Medium
Density Residential district.
(1) Adult day care and adult family homes.
December 4, 1995 Page 18-21
TUKWILA MUNICIPAL CODE
(2) Accessory dwelling unit, provided:
(A) Minimum lot of 7,200 square feet;
(B) Accessory dwelling unit is no more
than 33% of the square footage of the primary residence
and a maximum of 1,000 square feet, whichever is
less;
(C) one of the residences is the primary
residence of a person who owns at least 50% of the
property,
(D) Dwelling unit is incorporated into the
primary detached single - family residence, not a sepa-
rate 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 condomini-
ums.
(3) Family child care homes;
(4) Garage or carport (private) not exceeding
1,500 square feet in floor area, provided it is located on
the same lot as the principal use and is subject to the
regulations affecting the main building;
(5) Greenhouses (noncommercial) and storage
sheds not exceeding 1,000 square feet in floor area;
(6) Home occupations;
(7) Parking areas;
(8) Private stable, if located not less than 60
feet from front lot line nor less than 30 feet from a side
or rear lot line. It shall provide capacity for not more
than one horse, mule or pony for each 20,000 square
feet of stable and pasture area, but not more than a total
of two of the above - mentioned animals shall be
allowed on the same lot.
(Ord. 1758 §1(part), 1995J
18.12.040 Conditional uses.
The following uses may be allowed within the
Medium Density Residential district, subject to the
requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title.
(1) Bed - and - Breakfast lodging having not more
than 12 guests.
(2) Cemeteries and crematories.
(3) Churches and community center build-
ings.
(4) Convalescent, nursing and retirement
homes for not over 12 patients.
(5) 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.
(6) Electrical substations - distribution.
(7) Fire and police stations.
(8) Libraries, museums or art galleries (public)_
(9) Radio, television, microwave, cellular or
observation stations and towers.
(10) Recreation facilities (public) including, but
not limited to, sports fields, community centers, • and
golf courses.
(1 1) Schools, preschool, elementary, junior,
or senior high schools (public), and equivalent private
schools.
(Ord. 1758 §1(part), 1995)
18.12.050 Unclassified uses.
The following uses may be allowed within the
Medium Density Residential district, subject to the
requirements, procedures and conditions established
by the Unclassified Use Permits chapter of this title.
(1) Landfills and excavations which the
responsible official, acting pursuant to the State Envi-
ronmental Policy Act, determines are significant
environmental actions.
(2) Conversions of rental multi - family struc-
tures to condominiums or owner- occupied multi-
family housing, but excluding the construction of new
condominium or owner - occupied multi - family hous-
ing.
(Ord. 1758 §1(part), 1995)
18.12.060 Design review.
Design review is required for all multi - family
structures and mobile or manufactured home parks.
(See the Board of Architectural Review chapter of
this title.)
(Ord. 1758 §1(part), 1995)
Page 18-22 December 4, 1995
TITLE 18 — ZONING
18.12.070 Basic development standards.
Development within the Medium Density
Residential district shall conform to the following listed
and referenced standards:
MDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
8,000 sq. ft.
Lot area per unit (multi- family)
3,000 sq. ft.
Average lot width (min. 20 ft.
street frontage width), minimum
60 feet
Setbacks, minimum:
• Front - 1st floor
15 feet
• Front - 2nd floor
20 feet
• Front - 3rd floor
30 feet
• Second front - 1st floor
7.5 feet
• Second front - 2nd floor
10 feet
• Second front - 3rd floor
15 feet
• Sides - 1st floor
10 feet
• Sides - 2nd floor
20 feet
• Sides - 3rd floor
20 feet
(30 feet if adjacent to
LDR)
• Rear - 1st floor
10 feet
• Rear - 2nd floor
20 feet
• Rear - 3rd floor
20 feet
(30 feet if adjacent to
LD R)
Height, maximum
30 feet
Landscape requirements
(minimum):
See Landscape,
Recreation, Recycling/
Solid Waste Space
requirements chapter
for further
requirements
15 feet
• Front(s)
• Sides
10 feet
• Rear
10 feet
Development area coverage
50% maximum
Recreation space
400 sq. ft. per dwelling
unit (1,000 sq. ft. min.)
Off - street parking:
• Residential
2 per dwelling unit
• Accessory dwelling unit
See Accessory Use
section of this chapter
• Other uses
See Off - street Parking
& Loading Regulations
chapter
(Ord.
1758 §1(part),
1995)
Chapter 18.14
HIGH DENSITY RESIDENTIAL
(HDR) DISTRICT
Sections:
18.14.010
18.14.020
18.14.030
18.14.040
18.14.050
18.14.060
18.14.070
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
Design review.
Basic development standards.
18.14.010 Purpose.
This district implements the High Density
Residential Comprehensive Plan designation, which
allows up to 22.0 dwelling units per net acre. It is
intended to provide a high- density, multiple family
district which is also compatible with commercial and
office areas.
(Ord. 1758 §1(part), 1995)
18.14.020 Permitted uses.
The following uses are permitted outright within
the High Density Residential district, subject to compli-
ance with all other applicable requirements of the
Tukwila Municipal Code.
(1) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(2) Convalescent, nursing and retirement
homes for not more than 12 patients.
(3) Day care centers.
(4) Manufactured /mobile home park, meeting
the following requirements:
(A) the development site shall comprise
not less than two contiguous acres;
(B) overall development density shall not
exceed eight dwelling units per acre;
(C) vehicular access to individual
dwelling units shall be from the interior of the park;
and
(D) emergency access shall be subject to
the approval of the Tukwila Fire Department.
(5) Dwelling — One detached single- family
unit per lot, (includes factory -built or modular home
that meets UBC).
(6) Dwelling — Apartment houses, town-
houses, row houses and condominiums.
(7) Dwelling — Multi- family duplex, triplex, or
fourplex units.
(8) Libraries, museums or art galleries (public).
(9) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(Ord. 1758 §1(part), 1995)
December 4, 1995
Page 18-23
TUKWILA MUNICIPAL CODE
18.14.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the High
Density Residential district.
(1) Adult day care and adult family homes.
(2) Accessory dwelling unit, provided:
(A) minimum lot of 7,200 square feet,;
(B) accessory dwelling unit is no more
than 33% of the square footage of the primary residence
and a maximum of 1,000 square feet, whichever is
less;
(C) one of the residences is the primary
residence of a person who owns at least 50% of the
property,
(D) dwelling unit is incorporated into the
primary detached single - family residence, not a
separate unit, so that both units appear to be of the
same design as if constructed at the same time;
(E) minimum of three parking spaces on
the property with units less than 600 square feet, and a
minimum of four spaces for units over 600 square feet;
and
(F) the units are not sold as
condominiums.
(3) Family child care homes.
(4) Home occupations.
(5) Greenhouses (noncommercial) and storage
sheds not exceeding 1,000 square feet in floor area.
(6) Parking areas.
(7) 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.
(Ord. 1758 §1(part), 1995)
18.14.040 Conditional uses.
The following uses may be allowed within the
High Density Residential district, subject to the
requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title.
(I) Bed - and - Breakfast lodging.
(2) Cemeteries and crematories.
(3) Churches and community center
buildings.
(4) Electrical substations - distribution.
(5) Fire and police stations.
(6) Radio, television, microwave, cellular or
observation stations and towers.
(7) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(8) Schools, preschool, elementary, junior, or
senior high schools (public), and equivalent private
schools.
(Ord. 1758 §1(part), 1995)
18.14.050 Unclassified uses.
The following uses may be allowed within the
High Density Residential district, subject to the
requirements, procedures and conditions established
by the Unclassified Use Permits chapter of this title.
(1) Landfills and excavations which the
responsible official, acting pursuant to the State Envi-
ronmental Policy Act, determines are significant
environmental actions.
(2) Conversions of rental multi - family struc-
tures to condominiums or owner - occupied multi-
family housing, but excluding the construction of new
condominium or owner - occupied multi - family hous-
ing.
(Ord. 1758 §1(part), 1995)
18.14.060 Design review.
Design review is required for all multi- family
structures and mobile or manufactured home parks.
(See the Board of Architectural Review chapter of
this title.)
(Ord. 1758 §1(part), 1995)
Page 18-24 December 4, 1995
TITLE 18 — ZONING
18.14.070 Basic development standards.
Development within the High Density Residential
district shall conform to the following listed and
referenced standards:
HDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
9,600 sq. ft.
Lot area per unit
(multi- family)
2,000 sq. ft.
Average lot width (min. 20
ft. street frontage width),
minimum
60 feet
Setbacks (minimum):
• Front - 1st Floor
15 feet
• Front - 2nd Floor
20 feet
• Front - 3rd Floor
30 feet
• Front - 4th Floor
45 feet
• Second Front - 1st Floor
7.5 feet
• Second Front - 2nd Floor
10 feet
• Second Front - 3rd Floor
15 feet
• Second Front - 4th Floor
22.5 feet
• Sides - 1st Floor
10 feet
• Sides - 2nd Floor
20 feet
• Sides - 3rd Floor
20 feet
(30 feet if adjacent to LDR)
• Sides - 4th Floor
30 feet
• Rear - 1st Floor
10 feet
• Rear - 2nd Floor
20 feet
• Rear - 3rd Floor
20 feet
(30 feet if adjacent to LDR)
• Rear - 4th Floor
30 feet
Height, maximum
45 feet
Development area coverage
50% maximum
Landscape requirements
(minimum):
See Landscape,
Recreation, Recycling/
Solid Waste Space
requirements chapter for
further requirements
• Front
15 feet
• Sides
10 feet
• Rear
10 feet
Recreation space
400 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Off - street parking:
• Residential
2 per dwelling unit
• Accessory dwelling unit
See Accessory Use section
of this chapter
• Other uses
See Off- street Parking &
Loading Regulations
chapter
Sections:
18.16.010
18.16.020
18.16.030
18.16.040
18.16.050
18.16.060
18.16.070
18.16.080
Chapter 18.16
MIXED USE OFFICE
(MUO) DISTRICT
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.16.010 Purpose.
This district implements the Mixed -Use Office
Comprehensive Plan designation which allows up to
14.5 dwelling units per net acre. It is intended to create
and maintain areas characterized by professional and
commercial office structures, mixed with certain
complimentary retail and residential uses.
(Ord. 1758 §1(part), 1995)
18.16.020 Permitted uses.
The following uses are permitted outright within
the Mixed -Use Office district, subject to compliance
with all other applicable requirements of the Tukwila
Municipal Code.
(1) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(2)
(3)
(4)
(5)
lar uses.
(6) Convalescent, nursing and retirement
homes for not more than 12 patients.
(7) Day care centers.
(8) Dwelling - One detached single- family unit
per lot (includes factory -built or modular home that
meets UBC).
(9) Dwelling - Multi- family units above office
and retail uses.
(10) Financial, banking, mortgage, and other
services.
(11) Fraternal organizations.
(12) High tech uses including
development, light assembling, repair
electronic equipment, instruments, or
with at least 35% office.
(13) Laundries:
(A) self service
(B) dry cleaning
(C) tailor, dyeing
(14) Libraries, museums or
(public).
Beauty or barber shops.
Bicycle repair shops.
Billiard or pool rooms.
Computer software development and simi-
research and
or storage of
biotechnology
art galleries
December 4, 1995
Page 18-25
TUKWILA MUNICIPAL CODE
(15) Medical and dental laboratories.
(16) Offices, when such offices occupy no
more than the first two stories of the building or base-
ment and floor above, including:
(A) medical
(B) dental
(C) government; excluding fire and police
stations
(D) professional
(E) administrative
(F) business, such as travel, real estate
(G) commercial
(17) Outpatient, inpatient, and emergency
medical and dental commercial services.
(18) Parking lots or garages for private passen-
ger cars (public).
(19) Public parks, trails, picnic areas and
playgrounds but not including amusement parks, golf
courses, or commercial recreation.
(20) Recreation facilities (commercial - indoor)
- athletic or health clubs.
(21) Restaurants, including cocktail lounges in
conjunction with a restaurant.
(22) 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, maga-
zines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods,
and similar items.
(23) 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).
(24) Schools and studios for education or self -
improvement.
(25) Studios - art, photography, music, voice
and dance.
(26) Telephone exchanges.
(27) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.16.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Mixed -Use
Office district.
(1) Adult day care and adult family homes.
(2) Dwelling unit - accessory, provided:
(A) minimum lot of 7,200 square feet;
(B) accessory dwelling unit is no more
than 33% of the square footage of the primary residence
and a maximum of 1,000 square feet, whichever is
less;
(C) one of the residences is the primary
residence of a person who owns at least 50% of the
property,
(D) dwelling unit is incorporated into the
primary detached single - family residence, not a
separate unit, so that both units appear to be of the
same design as if constructed at the same time;
(E) minimum of three parking spaces on
the property with units less than 600 square feet, and a
minimum of four spaces for units over 600 square feet;
and
(F) the units are not sold as
condominiums.
(3) Family child care homes.
(4) Greenhouses (noncommercial) and storage
sheds not exceeding 1,000 square feet in floor area.
(5) Home occupation.
(6) Parking areas.
(7) Recreational area and facilities for
employees.
(8) Residences for security or maintenance
personnel.
(Ord. 1758 §1(part), 1995)
18.16.040 Conditional uses.
The following uses may be allowed within the
Mixed -Use Office district, subject to the requirements,
procedures, and conditions established by the
Conditional Use Permits chapter of this title.
(1) Bed and Breakfast lodging.
(2) Cemeteries and crematories.
(3) Churches and community center
buildings.
(4) Colleges and universities.
(5) Convalescent, nursing and retirement
homes for more than 12 patients.
(6) Electrical substation - distribution.
(7) Fire and police stations.
(8) Hospitals, sanitariums, or similar
institutions.
(9) Monorails, people movers, and other mass
transit systems such as park- and -ride lots.
(10) Radio, television, microwave, cellular or
observation stations and towers.
(1 1) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(12) Schools, preschool, elementary, junior,
or senior high schools (public), and equivalent private
schools.
(Ord. 1758 §1(part), 1995)
Page 18-26 December 4, 1995
TITLE 18 — ZONING
18.16.050 Unclassified uses.
The following uses may be allowed within the
Mixed -Use Office district, subject to the requirements,
procedures and conditions established by the
Unclassified Use Permits chapter of this title.
(1) Landfills and excavations which the
responsible official, acting pursuant to the State Envi-
ronmental Policy Act, determines are significant
environmental actions.
(2) Transit centers (regional).
(3) Conversions of rental multi - family struc-
tures to condominiums or owner - occupied multi-
family housing, but excluding the construction of new
condominium or owner - occupied multi - family hous-
ing.
(Ord. 1758 §1(part), 1995)
18.16.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous .waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.16.070 Design review.
Design review is required for commercial
structures 5,000 square feet or larger and for all
structures containing multi - family dwellings. -
(See the Board of Architectural Review chapter of
this title.)
(Ord. 1758 §1(part), 1995)
18.16.080 Basic development. standards.
Development within the Mixed -Use Office district
shall conform to the following listed and referenced
standards:
MUO BASIC DEVELOPMENT STANDARDS
Lot area per unit
multi- family, minimum
3,000 sq. ft.
Setbacks to yards, minimum
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
10 feet
• Rear, if adjacent to LDR,
MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
3 stories or 45 feet
Landscape requirements
(minimum):
See Landscape,
Recreation, Recycling/
Solid Waste Space
requirements chapter for
further requirements
• Front(s)
15 feet
• Sides
5 feet
• Sides, if adjacent to
LDR, MDR, HDR
10 feet
• Rear
5 feet
• Rear, if adjacent to LDR,
MDR, HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Off - street parking:
• Residential
2 per dwelling unit
• Accessory dwelling unit
See Accessory Use section
of this chapter
• Office, minimum
2.5 per 1,000 sq. ft. gross
floor area
• Retail, minimum
2.5 per 1,000 sq. ft. gross
floor area •
• Other uses
See Off - street Parking &
Loading Regulations
chapter
Performance Standards: Use,
within a structure or a site shall
adopted by the Puget Sound Air
for odor, dust, smoke and other
Tukwila Municipal Code, Ch.
adopted State and Federal standards
hazardous materials. In addition,
to the requirements of the State
RCW, Ch.. 43.21C, shall be
whether adverse environmental
adequately mitigated.
activity and operations
comply with (1) standards
Pollution Control Agency
airborne pollutants, (2)
8.22, "Noise ", and, (3)
for water quality and
all development subject
Environmental Policy Act,
evaluated to determine
impacts have been
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-27
TUKWILA MUNICIPAL CODE
Sections:
18.18.010
18.18.020
18.18.030
18.18.040
18.18.050
18.18.060
18.18.070
18.18.080
Chapter 18.18
OFFICE (0) DISTRICT
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.18.010 Purpose.
This district implements the Office
Comprehensive Plan designation. It is intended to
provide for areas appropriate for professional and
administrative offices, mixed with certain retail uses.
Because of the generally light environmental and traffic
impacts and daytime use characteristics of offices, it is
further intended that such districts may serve as
buffers between residential districts and commercial
and /or industrial areas.
(Ord. 1758 §1(part), 1995)
18.18.020 Permitted uses.
The following uses are permitted outright within
the Office district, subject to compliance with all other
applicable requirements of the Tukwila Municipal
Code.
(1) Beauty or barber shops.
(2) Bicycle repair shops.
(3) Computer software development and
similar uses.
(4) Convalescent, nursing, and retirement
homes for not more than 12 patients.
(5) Day care centers.
(6) Dwelling — One detached single - family
unit per lot (includes factory -built or modular home
that meets UBC).
(7) Financial, banking, mortgage, other
services.
(8) Fraternal Organizations.
(9) High -tech uses including
development, light assembling, repair
electronic equipment, instruments, or
with at least 35% office.
(10) Laundries:
(A) self service
(B) dry cleaning
(C) tailor, dyeing
(1 1) Libraries, museums or
research and
or storage of
biotechnology
art galleries
(public).
(12) Medical and dental laboratories.
(13) Offices, including:
(A) medical
(B) dental
(C) government; excluding fire and police
stations;
(D) professional
(E) administrative
(F) business, such as travel, real estate
(G) commercial.
(14) Outpatient, inpatient, and emergency
medical and dental commercial services.
(15) Parking lots or garages for private passen-
ger cars (public).
(16) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(17) Recreation facilities (commercial - indoor)
athletic or health clubs.
(18) Restaurants, including cocktail lounges in
conjunction with a restaurant.
(19) Retail sales, as part of a planned mixed -
use development where at least 50% of gross leasable
floor area development is for office use; no auto -
oriented retail sales (e.g., drive -ins, service stations).
(20) Schools and studios for education or self
improvement.
(21) Studios - art, photography, music, voice
and dance.
(22) Telephone exchanges.
(23) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.18.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Office
district.
(1) Adult day care and adult family homes.
(2) Accessory dwelling unit, provided:
(A) minimum lot of 7,200 square feet;
(B) accessory dwelling unit is no more
than 33% of the square footage of the primary residence
and a maximum of 1,000 square feet, whichever is
less;
(C) one of the residences is the primary
residence of a person who owns at least 50% of the
property,
(D) dwelling unit is incorporated into the
primary detached single - family residence, not a
separate unit, so that both units appear to be of the
same design as if constructed at the same time;
Page 18 -28
December 4, 1995
TITLE 18 — ZONING
(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;
(F) The units are not sold as
condominiums.
(3) Family child care homes.
(4) Home occupation.
(5) Parking areas.
(6) Recreational area and facilities for
employees.
(7) Residences for security or maintenance
personnel.
(Ord. 1758 § 1(part), 1995)
18.18.040 Conditional uses.
The following uses may be allowed within the
Office district, subject to the requirements, procedures,
and conditions established by the Conditional Use
Permits chapter of this title.
(1) Cemeteries and crematories.
(2) Churches and community center build-
ings.
(3) Colleges and universities.
(4) Convalescent, nursing and retirement
homes for more than 12 patients.
(5) Electrical substations - distribution.
(6) Fire and police stations.
(7) Hospitals, sanitariums, or similar institu-
tions.
(8) Monorails, people movers, and other mass
transit systems, such as park- and -ride lots.
(9) Radio, television, microwave, cellular or
observation stations and towers.
(10) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(11) Schools, preschool, elementary, junior,
or senior high schools (public), and equivalent private
schools.
(Ord. 1758 §1(part), 1995)
18.18.050 Unclassified uses.
The following uses may be allowed within the
Office district, subject to the requirements, procedures
and conditions established by the Unclassified Use
Permits chapter of this title.
(1) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions.
(2) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.18.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.18.070 Design review.
Design review is required for commercial
structures 5,000 sq. ft. or larger.
(See the Board of Architectural Review chapter of
this title.)
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-29
TUKWILA MUNICIPAL CODE
18.18.080 Basic development standards.
Development within the Office district shall
conform to the following listed and referenced
standards:
OFFICE BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
10 feet
• Rear, if adjacent to LDR,
MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
3 stories or 35 feet
Landscape requirements
(minimum):
See Landscape,
Recreation, Recycling/
Solid Waste Space
requirements chapter for
further requirements
• Front(s)
15 feet
• Sides
5 feet
• Sides, if adjacent to
LDR, MDR, HDR
10 feet
• Rear
5 feet
• Rear, if adjacent to LDR,
MDR, HDR
10 feet
Off - street parking:
• Residential
2 per dwelling unit
• Accessory dwelling unit
See Accessory Use section
of this chapter
• Office, minimum
2.5 per 1,000 sq. ft. gross
floor area
• Retail, minimum
2.5 per 1,000 sq. ft. gross
floor area
• Other uses
See Off - street Parking &
Loading Regulations
chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise ", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
(Ord. 1758 §1(part), 1995)
Chapter 18.20
RESIDENTIAL COMMERCIAL CENTER
(RCC) DISTRICT
Sections:
18.20.010
18.20.020
18.20.030
18.20.040
18.20.050
18.20.060
18.20.070
18.20.080
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.20.010 Purpose.
This district implements the Residential
Commercial Center Comprehensive Plan designation
which allows a maximum of 14.5 dwelling units per
net acre. It is intended to create and maintain
pedestrian - friendly commercial areas characterized and
scaled to serve a local neighborhood, with a diverse
mix of residential, retail, service, office, recreational and
community facility uses.
(Ord. 1758 §1(part), 1995)
18.20.020 Permitted uses.
The following uses are permitted outright within
the Residential Commercial Center district, subject to
compliance with all other applicable requirements of
the Tukwila Municipal Code.
(1) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(2) Beauty or barber shops.
(3) Bicycle repair shops.
(4) Computer software development and
similar uses.
(5) Day care centers.
(6) Dwelling - One detached single- family unit
per lot (includes factory -built or modular home that
meets UBC).
(7) Dwelling - Multi- family units above office
and retail uses.
(8) Fix -it, radio or television repair
shops /rental shops.
(9) Greenhouses or nurseries (commercial).
(10) Laundries:
(A) self service;
(B) dry cleaning;
(C) tailor, dyeing.
(11) Offices, when such offices occupy no
more than the first two stories of the building or
basement and floor above, including:
(A) medical;
(B) dental;
(C) government; excluding fire and police
stations;
Page 18-30 December 4, 1995
TITLE 18 — ZONING
(D) professional;
(E) administrative;
(F) business, such as travel, real estate;
(G) commercial.
(12) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(13) 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, maga-
zines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods,
and similar items.
(14) Schools and studios for education or self -
improvement.
(15) Studios - art, photography, music, voice
and dance.
(16) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.20.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Residential
Commercial Center district.
(1) Accessory dwelling unit, provided:
(A) minimum lot of 7,200 square feet;
(B) accessory dwelling unit is no more
than 33% of the square footage of the primary residence
and a maximum of 1,000 square feet, whichever is
less;
(C) one of the residences is the primary
residence of a person who owns at least 50% of the
property,
(D) dwelling unit is incorporated into the
primary detached single - family residence, not a
separate unit, so that both units appear to be of the
same design as if constructed at the same time;
(E) minimum of three parking spaces on
the property with units less than 600 square feet, and a
minimum of four spaces for units over 600 square feet;
and
(F) the units are not sold as
condominiums.
(2) Family child care homes.
(3) Home occupation.
(4) Parking areas.
(5) Recreational area and facilities for
employees.
(6) Residences for security or maintenance
personnel.
(Ord. 1758 §1(part), 1995)
18.20.040 Conditional uses.
The following uses may be allowed within the
Residential Commercial Center district, subject to the
requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title.
(1) Churches and community center
buildings.
(2) Convalescent, nursing and retirement
homes for not more than 12 patients.
(3) Fire and police stations.
(4) Fraternal organizations.
(5) Libraries, museums or art galleries (public).
(6) Radio, television, microwave, cellular or
observation stations and towers.
(7) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(8) Restaurants, including cocktail lounges in
conjunction with a restaurant.
(9) Schools, preschool, elementary, junior, or
senior high schools (public), and equivalent private
schools.
(Ord. 1758 §1(part), 1995)
18.20.050 Unclassified uses.
The following uses may be allowed within the
Residential Commercial Center district, subject to the
requirements, procedures and conditions established
by the Unclassified Use Permits chapter of this title.
(1) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions.
(Ord. 1758 §1(part), 1995)
18.20.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.20.070 Design review.
Design review is required for all commercial and
multi - family structures.
(See the Board of Architectural Review chapter of
this title.)
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-31
TUKWILA MUNICIPAL CODE
18.20.080 Basic development standards.
Development within the Residential Commercial
Center district shall conform to the following listed and
referenced standards:
RCC BASIC DEVELOPMENT STANDARDS
Lot area, minimum
5,000 sq. ft.
Lot area per unit (multi-
family), minimum
3,000 sq. ft.
Floor area ratio for all
structures
50% maximum
Setbacks to yards
(minimum):
• Front
20 feet
• Second front
10 feet
• Sides
5 feet
• Sides, if adjacent to
LDR, MDR, HDR
10 feet
• Rear
10 feet
• Rear, if adjacent to
LDR, MDR, HDR
10 feet
Height, maximum
3 stories or 35 feet
Landscape requirements
(minimum):
All setback areas shall be
landscaped. Required land-
scaping may include a mix of
plant materials, pedestrian
amenities and features, out-
door cafe -type seating and
similar features, subject to
approval. See Landscape,
Recreation, Recycling/Solid
Waste Space chapter for
further requirements
• Sides, if adjacent to
LDR, MDR, HDR
10 feet
• Rear, if adjacent to
LDR, MDR, HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Off - street parking:
• Residential
2 per dwelling unit
• Accessory dwelling unit
See Accessory Use section
of this chapter
• Office, minimum
2.5 per 1,000 sq. ft. gross
floor area
• Retail, minimum
2.5 per 1 ,000 sq. ft. gross
floor area
• Other uses
See Off -street Parking &
Loading Regulations chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise ", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
Chapter 18.22
NEIGHBORHOOD COMMERCIAL CENTER
(NCC) DISTRICT
Sections:
18.22.010
18.22.020
18.22.030
18.22.040
18.22.050
18.22.060
18.22.070
18.22.080
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.22.010 Purpose.
This district implements the Neighborhood
Commercial Center Comprehensive Plan designation,
which allows a maximum of 14.5 dwelling units per
net acre. It is intended to provide for pedestrian -
friendly areas characterized and scaled to serve
multiple residential areas, with a diverse mix of uses.
Uses include residential uses at second story or above
when mixed with certain retail, service, office,
recreational and community facilities, generally along a
transportation corridor.
(Ord. 1758 §1(part), 1995)
18.22.020 Permitted uses.
The following uses are permitted outright within
the Neighborhood Commercial Center district, subject
to compliance with all other applicable requirements of
the Tukwila Municipal Code.
(1) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(2) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building).
(3) Beauty or barber shops.
(4) Bicycle repair shops.
(5) Bus stations.
(6) Businesses that include a retail component
in conjunction with their manufacturing operation and
meeting this chapter's other performance standards.
These businesses may manufacture, process, assem -
ble and /or package the following:
(A) foods, including but not limited to
baked goods, beverages, candy, canned or preserved
foods, dairy products and byproducts, frozen foods,
instant foods, and meats (no slaughtering);
(B) pharmaceuticals and related products
such as cosmetics and drugs;
(C) bags, brooms, brushes, canvas, clay,
clothing, fur, furniture, glass, ink, paints, paper, plastics,
rubber, tile and wood;
Page 18 -32
December 4, 1995
TITLE 18 — ZONING
(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.
(7) Cabinet shops or carpenter shops employ-
ing less than five people.
(8) Computer software development and
similar uses.
(9) Convalescent, nursing, and retirement
homes for not more than 12 patients.
(10) Day care centers.
(I1) Dwelling — One detached single - family
unit per lot (includes factory-built or modular home
that meets UBC).
(12) Dwelling - Multi- family units above
office, and retail uses.
(13) Financial:
(A) banking;
(B) mortgage;
(C) other services.
(14) Fix -it, radio or television repair
shops /rental shops.
(15) Fraternal organizations.
(16) Frozen food lockers for individual or
family use.
(17) Greenhouses or nurseries (commercial).
(18) High -tech uses including research and
development, light assembling, repair or storage of elec-
tronic equipment, instruments, or biotechnology with
at least 35% office.
(19) Laundries:
(A) self- serve;
(B) dry cleaning;
(C) tailor, dyeing.
(20) Libraries, museums or art galleries
(public).
(21) Offices, when such offices occupy no
more than the first two stories of the building or base-
ment and floor above, including:
(A) medical;
(B) dental;
(C) government; excluding fire and police
stations;
(D) professional;
(E) administrative;
(F) business, such as travel, real estate;
(G) commercial.
(22) Outpatient, inpatient, and emergency
medical and dental.
(23) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
course, or commercial recreation.
(24) Plumbing shops (no tin work or outside
storage).
(25) Recreation facilities (commercial - indoor)
athletic or health clubs.
(26) Restaurants, including cocktail lounges in
conjunction with a restaurant.
(27) Retail sales of furniture, appliances,
automobile parts and accessories, liquor, lumber/
building materials, lawn and garden supplies, farm
supplies.
(28) Retail sales of health and beauty aids,
prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics,
photo equipment and film processing, books, maga-
zines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods,
and similar items.
(29) Schools and studios for education or self
improvement.
(30) Studios - art, photography, music, voice
and dance.
(31) Telephone exchanges.
(32) Theaters, excluding "adult entertainment
establishments ", as defined by this Code.
(33) Wholesale or retail sales offices or sample
rooms, with less than 50% storage or warehousing.
(34) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 § 1(p a rt), 19 95)
18.22.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the
Neighborhood Commercial Center district.
(1) Billiards or pool rooms.
(2) Accessory dwelling unit, provided:
(A) minimum lot of 7,200 square feet;
(B) accessory dwelling unit is no more
than 33% of the square footage of the primary residence
and a maximum of 1,000 square feet, whichever is
less;
(C) one of the residences is the primary
residence of a person who owns at least 50% of the
property,
(D) dwelling unit is incorporated into the
primary detached single - family residence, not a
December 4, 1995 Page 18-33
TUKWILA MUNICIPAL CODE
separate unit, so that both units appear to be of the
same design as if constructed at the same time.
(E) minimum of three parking spaces on
the property with units less than 600 square feet, and a
minimum of four spaces for units over 600 square feet,
and
(F) the units are not sold as
condominiums.
(3) Family child care homes.
(4) Home occupation.
(5) Parking areas.
(6) Recreational area and facilities for
employees.
(7) Residences for security or maintenance
personnel.
(Ord. 1758 §1(part), 1995)
18.22.040 Conditional uses.
The following uses may be allowed within the
Neighborhood Commercial Center district, subject to
the requirements, procedures, and conditions
established by the Conditional Use Permits chapter of
this title.
(1) Churches and community center
buildings.
(2) Colleges and universities.
(3) Convalescent, nursing and retirement
homes for more than 12 patients.
(4) Electrical substations - distribution.
(5) Fire and police stations.
(6) Monorails, people movers, and other mass
transit systems, such as park- and -ride lots.
(7) Radios, television, microwave, cellular or
observation stations and towers.
(8) Recreation facilities (commercial - indoor),
including bowling alleys, skating rinks, shooting
ranges.
(9) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(10) Schools, preschool, elementary, junior,
or senior high schools (public), and equivalent private
schools.
(Ord. 1758 §1(part), 1995)
18.22.050 Unclassified uses.
The following uses may be allowed within the
Neighborhood Commercial Center district, subject to
the requirements, procedures and conditions
established by the Unclassified Use Permits chapter of
this title.
(1) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions;
(2) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.22.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.22.070 Design review.
Design review is required for all commercial and
for all multi- family structures.
(See the Board of Architectural Review chapter of
this title.)
(Ord. 1758 §1(part), 1995)
Page 18-34 December 4, 1995
TITLE 18 — ZONING
18.22.080 Basic development standards.
Development within the Neighborhood Commer -
cial Center district shall conform to the following listed
and referenced standards:
NCC BASIC DEVELOPMENT STANDARDS
Lot area per unit (multi-
family), minimum
3,000 sq. ft.
Setbacks to yards, minimum
• Front
6 feet
(12 feet if located along
Pacific Highway South)
• Second front
5 feet
• Sides
10 feet
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
20 feet
• Rear
10 feet
• Rear, if adjacent to LDR,
MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
20 feet
Height, maximum
3 stories or 35 feet
(4 stories or 45 feet in the
NCC of the Pacific
Highway Corridor, if a
mixed use with a
residential and commercial
component)
Landscape requirements
(minimum):
See Landscape,
Recreation, Recycling/
Solid Waste Space
requirements chapter for
further requirements
5 feet
• Front(s)
• Sides
None
• Sides, if adjacent to
LDR, MDR, HDR
10 feet
• Rear
None
• Rear, if adjacent to LDR,
MDR, HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Off street parking
• Residential
2 per dwelling unit
• Accessory dwelling unit
See Accessory Use section
of this chapter
• Office
2.5 per 1,000 sq.ft. gross
floor area minimum
• Retail
2.5 per 1,000 sq.ft. gross
floor area minimum
• Warehouse/
manufacturing
1 per 1,000 sq.ft. gross
floor area minimum
• Other uses
See Off - street Parking &
Loading Regulations
chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
(Ord. 1758 §1(part), 1995)
December 4, 1995
Page 18-35
TUKWILA MUNICIPAL CODE
Sections:
18.24.010
18.24.020
18.24.030
18.24.040
18.24.050
18.24.060
18.24.070
18.24.080
Chapter 18.24
REGIONAL COMMERCIAL
(RC) DISTRICT
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.24.010 Purpose.
This district implements the Regional Commercial
Comprehensive Plan designation. It is intended to
provide for areas characterized by commercial services,
offices, lodging, entertainment, and retail activities with
associated warehousing, and accessory light industrial
uses, along a transportation corridor and intended for
high- intensity regional uses. The zone's standards are
intended to promote attractive development, an open
and pleasant street appearance, and compatibility with
adjacent residential areas.
(Ord. 1758 §1(part), 1995)
18.24.020 Permitted uses.
The following uses are permitted outright within
the Regional Commercial district, subject to compliance
with all other applicable requirements of the Tukwila
Municipal Code.
(1) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(2) Automobile, recreational vehicles or travel
trailer sales rooms and travel trailer or used car sales
lots. No dismantling of cars or travel trailers nor sale of
used parts allowed.
(3) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building).
(4) Beauty or barber shops.
(5) Bicycle repair shops.
(6) Billiard or pool rooms.
(7) Businesses that include a retail component
in conjunction with their manufacturing operation and
meeting this chapter's other performance standards.
These businesses may manufacture, process,
assemble and /or package the following:
(A) foods, including but not limited to
baked goods, beverages, candy, canned or preserved
foods, dairy products and byproducts, frozen foods,
instant foods, and meats (no slaughtering).
(8) Bus stations.
(9) Cabinet shops or carpenter shops
employing less than five people.
(10) Commercial laundries.
(1 1) Computer software development and
similar uses.
(12) Convalescent, nursing, and retirement
homes for not more than 12 patients.
(13) Convention facilities.
(14) Day care centers.
(15) Financial:
(A) banking;
(B) mortgage;
(C) other services.
(16) Fix -it, radio or television repair
shops /rental shops.
(17) Fraternal organizations.
(18) Frozen food lockers for individual or
family use.
(19) Greenhouses or nurseries (commercial).
(20) High tech uses including research and
development, light assembling, repair or storage of
electronic equipment, instruments, or biotechnology
with at least 35% office.
(21) Hotels.
(22) Industries involved with etching, film
processing, lithography, printing, and publishing.
(23) Laundries;
(A) self- serve;
(B) dry cleaning;
(C) tailor, dyeing.
(24) Libraries, museums or art galleries
(public).
(25) Manufacturing, processing and /or
packaging pharmaceuticals and related products, such as
cosmetics and drugs.
(26) 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.
(27) 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.
(28) Medical and dental laboratories.
(29) Mortician and funeral homes.
(30) Motels.
(31) Offices, including:
(A) medical;
(B) dental;
(C) government; excluding fire and police
stations;
(D) professional;
(E) administrative;
(F) business, such as travel, real estate;
(G) commercial.
Page 18 -36
December 4, 1995
TITLE 18 — ZONING
(32) Outpatient, inpatient, and emergency
medical and dental.
(33) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(34) Planned shopping center (mall).
(35) Plumbing shops (no tin work or outside
storage).
(36) Public parking lots or garages for private
passenger cars.
(37) Recreation facilities (commercial - indoor)
athletic or health clubs.
(39) Recreation facilities (commercial -
indoor), including bowling alleys, skating rinks,
shooting ranges.
(40) Restaurants, including:
(A) drive - through;
(B) sit down;
(C) cocktail lounges in conjunction with a
restaurant.
(41) Retail sales of furniture, appliances,
automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies,
farm supplies.
(42) Retail sales of health and beauty aids,
prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics,
photo equipment and film processing, books,
magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting
goods, and similar items.
(43) Schools and studios for education or self
improvement.
(44) Storage (outdoor) of materials allowed to
be manufactured or handled within facilities
conforming to uses under this chapter; and screened
pursuant to the Landscape, Recreation, Recycling/Solid
Waste Space Requirements chapter of this title.
(45) Studios - art, photography, music, voice
and dance.
(46) Taverns, nightclubs.
(47) Telephone exchanges.
(48) Theaters, excluding "adult entertainment
establishments ", as defined by this Code.
(49) Warehouse storage and /or wholesale
distribution facilities.
(50) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995J
18.24.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Regional
Commercial district.
(1) Adult day care and adult family homes.
(2) Family child care homes.
(3) Parking areas.
(4) Recreational area and facilities for
employees.
(5) Residences for security or maintenance
personnel.
(Ord. 1758 §1(part), 1995)
18.24.040 Conditional uses.
The following uses may be allowed within the
Regional Commercial district, subject to the
requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title.
(1) Amusement parks.
(2) Animals shelters and kennels, subject to all
additional State and local regulations (less than 4 cats or
dogs does not need a permit).
(3) Cemeteries and crematories.
(4) Churches and community center
buildings.
(5) Colleges and universities.
(6) Convalescent, nursing and retirement
homes for more than 12 patients.
(7) Drive -in theaters.
(8) Electrical substations - distribution.
(9) Fire and police stations.
(10) Hospitals, sanitariums, or similar
institutions.
(11) Manufacturing, processing and /or as-
sembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand - forging.
(12) Monorails, people movers, and other
mass transit systems, such as park- and -ride lots.
(13) Radios, television, microwave, cellular or
observation stations and towers.
(14) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(15) Schools, preschool, elementary, junior or
senior high schools (public), and equivalent private
schools.
(Ord. 1758 §1(part), 1995J
18.24.050 Unclassified uses.
The following uses may be allowed within the
Regional Commercial district, subject to the require-
ments, procedures and conditions established by the
Unclassified Use Permits chapter of this title.
(1) Correctional institutions.
(2) Essential public facilities, except those
specifically listed as a permitted, conditionally
December 4, 1995 Page 18-37
TUKWILA MUNICIPAL CODE
permitted or unclassified use in any of the districts
established by this title.
(3) Hydroelectric and private utility power
generating plants.
(4) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions.
(5) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.24.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.24.070 Design review.
Design review is required for all hotels and motels
and for other commercial structures 5,000 square feet
or larger.
(See the Board of Architectural Review chapter of
this title.)
(Ord. 1758 §1(part), 1995)
18.24.080 Basic development standards.
Development within the Regional Commercial
district shall conform to the following listed and
referenced standards:
RC BASIC DEVELOPMENT STANDARDS
Setbacks to yards,
minimum
• Front
20 feet
• Second front
10 feet
• Sides
10 feet
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
10 feet
• Rear, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
3 stories or 35 feet
Landscape requirements
(minimum):
See Landscape, Recreation,
Recycling/ Solid Waste
Space requirements chapter
for further requirements
• Front(s)
10 feet
• Sides
5 feet
• Sides, if adjacent to
LDR, MDR, HDR
10 feet
• Rear
None
• Rear, if adjacent to
LDR, MDR, HDR
10 feet
Off Street Parking
• Residential
2 per dwelling unit
• Office
2.5 per 1,000 sq.ft. gross
floor area minimum
• Retail
2.5 per 1,000 sq.ft. gross
floor area minimum
• Warehouse/
manufacturing
1 per 1,000 sq.ft. gross floor
area minimum
• Other uses
See Off - street Parking &
Loading Regulations chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise ", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
(Ord. 1758 §1(part), 1995)
Page 18-38
December 4, 1995
TITLE 18 — ZONING
Chapter 18.26
REGIONAL COMMERCIAL MIXED -USE
(RCM) DISTRICT
Sections:
18.26.010
18.26.020
18.26.030
18.26.040
18.26.050
18.26.060
18.26.070
18.26.080
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.26.010 Purpose.
This district implements the Regional Commercial
Mixed Use Comprehensive Plan designation, which
allows up to 14.5 dwelling units per net acre. It is
intended to provide for areas characterized by
commercial services, offices, lodging, entertainment,
and retail activities with associated warehousing, and
accessory light industrial uses, along a transportation
corridor and intended for high- intensity regional uses.
Residential uses mixed with certain commercial uses
are allowed at second story or above. The zone's
standards are intended to promote attractive
development, an open and pleasant street appearance,
and compatibility with adjacent residential areas.
(Ord. 1758 §1(part), 1995)
18.26.020 Permitted uses.
The following uses are permitted outright within
the Regional Commercial Mixed Use district, subject to
compliance with all other applicable requirements of
the Tukwila Municipal Code.
(1) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(2) Automobile, recreational vehicles or travel
trailer sales rooms and travel trailer or used car sales
lots. No dismantling of cars or travel trailers nor sale of
used parts allowed.
(3) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building).
(4) Beauty or barber shops.
(5) Bicycle repair shops.
(6) Billiard or pool rooms.
(7) Businesses that include a retail component
in conjunction with their manufacturing operation and
meeting this chapter's other performance standards.
These businesses may manufacture, process,
assemble and /or package the following:
(A) foods, including but not limited to
baked goods, beverages, candy, canned or preserved
foods, dairy products and byproducts, frozen foods,
instant foods, and meats (no slaughtering).
(8) Bus stations.
(9) Cabinet shops or carpenter shops
employing less than five people.
(10) Commercial laundries.
(11) Computer software development and
similar uses.
(12) Convalescent, nursing, and retirement
homes for not more than 12 patients.
(13) Convention facilities.
(14) Day care centers.
(15) Dwelling - Multi- family units above
office and retail uses.
(16) Financial:
(A) banking;
(B) mortgage;
(C) other services.
(17) Fix -it, radio or television repair
shops /rental shops.
(18) Fraternal organizations.
(19) Frozen food lockers for individual or
family use.
(20) Greenhouses or nurseries (commercial).
(21) High tech uses including research and
development, light assembling, repair or storage of
electronic equipment, instruments, or biotechnology
with at least 35% office.
(22) Hotels.
(23) Industries involved with etching, film
processing, lithography, printing, and publishing.
(24) Laundries;
(A) self- serve;
(B) dry cleaning;
(C) tailor, dyeing.
(25) Libraries, museums or art galleries
(public).
(26) Manufacturing, processing and /or
packaging pharmaceuticals and related products, such as
cosmetics and drugs.
(27) 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.
(28) 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.
(29) Medical and dental laboratories.
(30) Mortician and funeral homes.
(31) Motels.
(32) Offices, including:
(A) medical;
(B) dental;
(C) government; excluding fire and police
stations;
December 4, 1995 Page 18-39
TUKWILA MUNICIPAL CODE
(D) professional;
(E) administrative;
(F) business, such as travel, real estate;
(G) commercial.
(33) Outpatient, inpatient, and emergency
medical and dental;
(34) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(35) Planned shopping center (mall).
(36) Plumbing shops (no tin work or outside
storage).
(37) Public parking lots or garages for private
passenger cars.
(38) Recreation facilities (commercial - indoor)
athletic or health clubs.
(39) Recreation facilities (commercial -
indoor), including bowling alleys, skating rinks,
shooting ranges.
(40 Restaurants, including:
(A) drive - through;
(B) sit down;
(C) cocktail lounges in conjunction with a
restaurant.
(41) Retail sales of furniture, appliances,
automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies,
farm supplies.
(42) Retail sales of health and beauty aids,
prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics,
photo equipment and film processing, books,
magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting
goods, and similar items.
(43) Schools and studios for education or self
improvement.
(44) Storage (outdoor) of materials allowed to
be manufactured or handled within facilities
conforming to uses under this chapter; and screened
pursuant to the Landscape, Recreation, Recycling/Solid
Waste Space Requirements chapter of this title.
(45) Studios - art, photography, music, voice
and dance.
(46) Taverns, nightclubs.
(47) Telephone exchanges.
(48) Theaters, excluding "adult entertainment
establishments ", as defined by this Code.
(49) Warehouse storage and /or wholesale
distribution facilities.
(50) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.26.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Regional
Commercial Mixed Use district.
(I) Adult day care and adult family homes.
(2) Family child care homes.
(3) Home occupation.
(4) Parking areas .
(5) Recreational area and facilities for
employees.
(6) Residences for security or maintenance
personnel.
(Ord. 1758 §1(part), 1995)
18.26.040 Conditional uses.
The following uses may be allowed within the
Regional Commercial Mixed -Use district, subject to the
requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title.
(I) Amusement parks.
(2) Animals shelters and kennels, subject to all
additional State and local regulations (less than 4 cats or
dogs does not need a permit).
(3) Cemeteries and crematories.
(4) Churches and community center
buildings.
(5) Colleges and universities.
(6) Convalescent, nursing and retirement
homes for more than twelve patients.
(7) Drive -in theaters.
(8) Electrical substations - distribution.
(9) Fire and police stations.
(10) Hospitals, sanitariums or similar
institutions.
(11) Manufacturing, processing and /or as-
sembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand - forging.
(12) Monorails, people movers, and other
mass transit systems, such as park- and -ride lots.
(13) Radios, television, microwave, cellular or
observation stations and towers.
(14) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(15) Schools, preschool, elementary, junior or
senior high schools (public), and equivalent private
schools.
(Ord. 1758 §1(part), 1995)
18.26.050 Unclassified uses.
The following uses may be allowed within the
Regional Commercial Mixed Use district, subject to the
Page 18-40 December 4, 1995
TITLE 18 — ZONING
requirements, procedures and conditions established
by Chapter 18.66 of this title.
(1) Conversions of rental multi - family struc-
tures to condominiums or owner - occupied multi-
family housing, but excluding the construction of new
condominium or owner - occupied multi - family hous-
ing.
(2) Correctional institutions.
(3) Essential public facilities, except those
specifically listed as a permitted, conditionally
permitted or unclassified use in any of the districts
established by this title.
(4) Hydroelectric and private utility power
generating plants.
(5) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions.
(6) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.26.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.26.070 Design review.
Design review is required for commercial
structures 5,000 sq. ft. or larger and for all structures
containing multi- family dwellings.
(See the Board of Architectural Review chapter of
this title.)
(Ord. 1758 §1(part), 1995)
18.26.080 Basic development standards.
Development within the Regional Commercial
Mixed Use district shall conform to the following listed
and referenced standards:
RCM BASIC DEVELOPMENT STANDARDS
Lot area per unit (multi-
family), minimum
3,000 sq. ft.
Setbacks to yards,
minimum
• Front
20 feet
• Second front
10 feet
• Sides
10 feet
• Sides, if adjacent to
LDR, MDR, HDR
— Jst floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
10 feet
• Rear, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
3 stories or 35 feet
Landscape requirements
(minimum):
See Landscape, Recreation,
Recycling/ Solid Waste
Space requirements chapter
for further requirements
• Front(s)
10 feet
• Sides
5 feet
• Sides, if adjacent to
LDR, MDR, HDR
10 feet
• Rear
None
• Rear, if adjacent to
LDR, MDR, HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit,
1,000 sq. ft. min.
Off street parking
• Residential
2 per dwelling unit
• Office
2.5 per 1,000 sq.ft. gross
floor area minimum
• Retail
2.5 per 1,000 sq.ft. gross
floor area minimum
• Warehouse/
manufacturing
1 per 1,000 sq.ft. gross floor
area minimum
• Other uses
See Off - street Parking &
Loading Regulations chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise ", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-41
TUKWILA MUNICIPAL CODE
Sections:
18.28.010
18.28.020
18.28.030
18.28.040
18.28.050
18.28.060
18.28.070
18.28.080
Chapter 18.28
TUKWILA URBAN CENTER
(TUC) DISTRICT
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.28.010 Purpose.
This district implements the Tukwila Urban Center
Comprehensive Plan designation. It is intended to
provide an area of high- intensity regional uses that
include commercial services, offices, light industry,
warehousing and retail uses. Development is
intended to be pedestrian - friendly, with a strong
emphasis on a safe and attractive streetscape.
[Ord. 1758 §1(part), 1995)
18.28.020 Permitted uses.
The following uses are permitted outright within
the Tukwila Urban Center district, subject to
compliance with all other applicable requirements of
the Tukwila Municipal Code.
(1) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(2) Automobile, recreational vehicles or travel
trailer sales rooms and travel trailer or used car sales
lots. No dismantling of cars or travel trailers nor sale of
used parts allowed.
(3) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building).
(4) Beauty or barber shops.
(5) Bicycle repair shops.
(6) Billiard or pool rooms.
(7) Bus stations.
(8) Cabinet shops or carpenter shops
employing less than five people.
(9) Commercial laundries.
(10) Computer software development and
similar uses.
(11) Contractors storage yards.
(12) Convalescent, nursing, and retirement
homes for not more than 12 patients.
(13) Convention facilities.
(14) Day care centers.
(15) Financial:
(A) banking;
(B) mortgage;
(C) other services.
(16) Fix -it, radio or television repair
shops /rental shops.
(17) Fraternal organizations.
(18) Frozen food lockers for individual or
family use.
(19) Greenhouses or nurseries (commercial).
(20) Heavy equipment repair and salvage.
(21) High tech uses including research and
development, light assembling, repair or storage of
electronic equipment, instruments, or biotechnology
with at least 35% office.
(22) Hotels.
(23) Industries involved with etching, film
processing, lithography, printing, and publishing.
(24) Laundries;
(A) self- serve;
(B) dry cleaning;
(C) tailor, dyeing.
(25) Libraries, museums or art galleries
(public).
(26) Manufacturing, processing and /or
packaging of foods, including but not limited to, baked
goods, beverages (except fermenting and distilling),
candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (no
slaughtering).
(27) Manufacturing, processing and /or
packaging pharmaceuticals and related products, such as
cosmetics and drugs.
(28) 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.
(29) 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.
(30) Medical and dental laboratories.
(31) Mortician and funeral homes.
(32) Motels.
(33) Offices, including:
(A) medical;
(B) dental;
(C) government; excluding fire and police
stations;
(D) professional;
(E) administrative;
(F) business, such as travel, real estate;
(G) commercial.
(34) Outpatient, inpatient, and emergency
medical and dental.
(35) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
Page 18-42 December 4, 1995
TITLE 18 — ZONING
(36) Planned shopping center (mall).
(37) Plumbing shops (no tin work or outside
storage).
(38) Public parking lots or garages for private
passenger cars.
(39) Railroad tracks, (including lead, spur,
loading or storage).
(40) Recreation facilities (commercial - indoor)
athletic or health clubs.
(41) Recreation facilities (commercial -
indoor), including bowling alleys, skating rinks,
shooting ranges.
(42) Restaurants, including:
(A) drive - through;
(B) sit down;
(C) cocktail lounges in conjunction with a
restaurant.
(43) Retail sales of furniture, appliances,
automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies,
farm supplies.
(44) Retail sales of health and beauty aids,
prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics,
photo equipment and film processing, books,
magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting
goods, and similar items.
(45) Schools and studios for education or self
improvement.
(46) Storage (outdoor) of materials allowed to
be manufactured or handled within facilities
conforming to uses under this chapter; and screened
pursuant to the Landscape, Recreation, Recycling/Solid
Waste Space Requirements chapter of this title.
(47) Studios - art, photography, music, voice
and dance.
(48) Taverns, nightclubs.
(49) Telephone exchanges.
(50) Theaters, excluding "adult entertainment
establishments ", as defined by this Code.
(51) Warehouse storage and /or wholesale
distribution facilities.
(52) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.28.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Tukwila
Urban Center district.
(1) Adult day care and adult family homes.
(2) Family Child Care Homes.
(3) Home occupation.
(4) Parking areas.
(5) Recreational area and facilities for
employees.
(6) Residences for security or maintenance
personnel.
(Ord. 1758 §1(part), 1995)
18.28.040 Conditional uses.
The following uses may be allowed within the
Tukwila Urban Center district, subject to the
requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title.
(1) Amusement parks.
(2) Bed - and - Breakfast lodging; must be located
on property adjacent to and not greater than 500 feet
from the Green River, Tukwila Pond, or Minkler
Pond.
(3) Cemeteries and crematories.
(4) Churches and community center
buildings.
(5) Colleges and universities.
(6) Convalescent, nursing and retirement
homes for more than 12 patients.
(7) Dwelling - Multi- family units (Max. 22.0
units /acre, as a mixed -use development that is non-
industrial in nature); must be located on property
adjacent to and not greater than 500 feet from the
Green River, Tukwila Pond, or Minkler Pond.
(8) Drive -in theaters.
(9) Electrical substations - distribution.
(10) Fire and police stations.
(11) Hospitals, sanitariums, or similar
institutions.
(12) Manufacturing, processing and /or as-
sembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand - forging.
(13) Monorails, people movers, and other
mass transit systems, such as park- and -ride lots.
(14) Radios, television, microwave, cellular or
observation stations and towers.
(15) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(16) Schools, preschool, elementary, junior or
high schools, and equivalent private schools.
(Ord. 1758 §1(part), 1995)
18.28.050 Unclassified uses.
The following uses may be allowed within the
Tukwila Urban Center district, subject to the
requirements, procedures and conditions established
by the Unclassified Use Permits chapter of this title.
December 4, 1995 Page 18-43
TUKWILA MUNICIPAL CODE
(1) Airports, landing fields and heliports
(except emergency sites).
(2) Conversions of rental multi - family struc-
tures to condominiums or owner- occupied multi-
family housing, but excluding the construction of new
condominium or owner- occupied multi - family hous-
ing.
(3) Correctional institutions.
(4) Essential public facilities, except those
specifically listed as a permitted, conditionally
permitted or unclassified use in any of the districts
established by this title.
(5) Hydroelectric and private utility power
generating plants.
(6) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions.
(7) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.28.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.28.070 Design review.
Design review is required for all commercial
structures larger than 2,500 square feet, and for all
structures containing multi- family development.
(See the Board of Architectural Review chapter of
this title.)
(Ord. 1758 §1(part), 1995)
18.28.080 Basic development standards.
Development within the Tukwila Urban Center
district shall conform to the following listed and
referenced standards:
TUC BASIC DEVELOPMENT STANDARDS
Lot area per unit (multi-
family), minimum
2,000 sq. ft.
Setbacks to yards,
minimum
10 feet
•
Front
15 feet
•
Second front
15 feet
•
Sides
10 feet
•
Sides, if adjacent to
LDR, MDR, HDR
None
• Sides - if adjacent
LDR, MDR, or HDR
— 1st floor
10 feet
None
— 2nd floor
20 feet
Recreation space
— 3rd floor
30 feet
•
Rear
10 feet
• Rear, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
115 feet
Landscape
requirements, minimum
See Landscape, Recreation,
Recycling/ Solid Waste Space
requirements chapter for
further requirements
• Fronts
15 feet; required landscaping
may include a mix of plant
materials, pedestrian amenities
and features, outdoor cafe -type
seating and similar features,
subject to approval.
• Sides
None
• Sides - if adjacent
LDR, MDR, or HDR
10 feet
• Rear
None
• Rear - if adjacent
LDR, MDR, or HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit,
1,000 sq. ft. min.
Off Street Parking
• Residential
2 per dwelling unit
• Office
2.5 per 1,000 sq.ft. gross floor
area minimum
• Retail
4 per 1,000 sq.ft. gross floor
area minimum
• Warehouse/
manufacturing
1 per 1,000 sq.ft. gross floor
area minimum
• Other uses
See Off - street Parking &
Loading Regulations chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise ", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
(Ord. 1758 §1(part), 1995)
Page 18 -44
December 4, 1995
TITLE 18 — ZONING
Chapter 18.30
COMMERCIAL/LIGHT INDUSTRIAL
(C /LI) DISTRICT
Sections:
18.30.010
18.30.020
18.30.030
18.30.040
18.30.050
18.30.060
18.30.070
18.30.080
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.30.010 Purpose.
This district implements the Commercial /Light
Industrial Comprehensive Plan designation. It is
intended to provide for areas characterized by a mix of
commercial, office, or light industrial uses. The
standards are intended to promote viable and attractive
commercial and industrial areas.
(Ord. 1758 § 1(part), 1995)
18.30.020 Permitted uses.
The following uses are permitted outright within
the Commercial Light Industrial district, subject to
compliance with all other applicable requirements of
the Tukwila Municipal Code.
(1) Adult entertainment establishments are
permitted, subject to the following location restrictions:
(A) No adult entertainment establishment
shall be allowed within the following distances from
the following specified uses, areas or zones, whether
such uses, areas or zones are located within or outside
the City limits:
(i) 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;
(ii) In or within 1/2 mile of:
(a) Public or private school with
curricula equivalent to elementary, junior or senior
high schools, or any facility owned or operated by such
schools; and
(b) Care centers, preschools,
nursery schools or other child care facilities;
(iii) 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 subdivision
(A) of this subsection shall be measured by following a
straight line from the nearest point of the property par-
cel 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 exist-
ing adult entertainment establishment. The distance
specified in this section shall be measured by following
a straight line between the nearest points of public
entry into each establishment;
(2) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required.
(3) Automobile, recreational vehicles or travel
trailer sales rooms and travel trailer or used car sales
lots. No dismantling of cars or travel trailers nor sale of
used parts allowed.
(4) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building).
(5) Beauty or barber shops.
(6) Bicycle repair shops.
(7) Billiard or pool rooms.
(8) Bus stations.
(9) Cabinet shops or carpenter shops employ-
ing less than five people.
(10) Commercial laundries.
(11) Computer software development and
similar uses.
(12) Convention facilities.
(13) Convalescent, nursing and retirement
homes for not more than 12 patients.
(14) Day care centers.
(15) Financial:
(A) banking;
(B) mortgage;
(C) other services.
(16) Contractors storage yards.
(17) Fix -it, radio or television repair
shops /rental shops.
(18) Fraternal organizations.
(19) Frozen food lockers for individual or
family use.
(20) Greenhouses or nurseries (commercial).
(21) Heavy equipment repair and salvage.
(22) High tech uses including research and
development, light assembling, repair or storage of
electronic equipment, instruments, or biotechnology
with at least 35% office.
(23) Hotels.
(24) Industries involved with etching, film
processing, lithography, printing, and publishing.
(25) Laundries;
(A) self- serve;
(B) dry cleaning;
(C) tailor, dyeing.
(26) Libraries, museums or art galleries
(public).
December 4, 1995 Page 18-45
TUKWILA MUNICIPAL CODE
(27) Manufacturing, processing and /or as-
sembling of electrical or mechanical equipment, vehi-
cles and machines including, but not limited to, heavy
and light machinery, tools, airplanes, boats or other
transportation vehicles and equipment.
(28) Manufacturing, processing and /or packag-
ing of foods, including but not limited to, baked goods,
beverages (except fermenting and distilling), candy,
canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (no
slaughtering).
(29) Manufacturing, processing and /or packag-
ing pharmaceuticals and related products, such as
cosmetics and drugs.
(30) Manufacturing, processing, and /or pack-
aging previously prepared materials including, but not
limited to, bags, brooms, brushes, canvas, clay, cloth-
ing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile, and wood.
(31) 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.
(32) Medical and dental laboratories.
(33) Mortician and funeral homes.
(34) Motels.
(35) Offices, including:
(A) medical;
(B) dental;
(C) government; excluding fire and police
stations;
(D) professional;
(E) administrative;
(F) business, such as travel, real estate;
(G) commercial.
(36) Outpatient, inpatient, and emergency
medical and dental.
(37) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(38) Planned shopping center (mall).
(39) Plumbing shops (no tin work or outside
storage).
(40) Public parking lots or garages for private
passenger cars.
(41) Railroad tracks, (including lead, spur, load-
ing or storage).
(42) Recreation facilities (commercial - indoor)
- athletic or health clubs.
(43) Recreation facilities (commercial -
indoor), including bowling alleys, skating rinks, shoot-
ing ranges.
(44) Restaurants, including:
(A) drive - through;
(B) sit down;
(C) cocktail lounges in conjunction with a
restaurant.
(45) Retail sales of furniture, appliances,
automobile parts and accessories, liquor, lumber/
building materials, lawn and garden supplies, farm
supplies.
(46) 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, maga-
zines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods,
and similar items.
(47) Sales and rental of heavy machinery and
equipment subject to landscaping requirements of the
Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title.
(48) Salvage and wrecking operations which
are entirely enclosed within a building.
(49) Schools and studios for education or self
improvement.
(50) Storage (outdoor) of materials allowed to
be manufactured or handled within facilities conform-
ing to uses under this chapter; and screened pursuant
to the Landscape, Recreation, Recycling /Solid Waste
Space Requirements chapter of this title.
(51) Studios - art, photography, music, voice
and dance.
(52) Taverns, nightclubs.
(53) Telephone exchanges.
(54) Theaters, excluding "adult entertainment
establishments ", as defined by this Code.
(55) Tow truck operations, subject to all addi-
tional State and local regulations.
(56) Truck terminals.
(57) Warehouse storage and /or wholesale
distribution facilities.
(58) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.30.030 Accessory uses.
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the
Commercial Light Industrial district.
(1) Parking areas.
(2) Recreational area and facilities for
employees.
(3) Residences for security or maintenance
personnel.
(Ord. 1758 §1(part), 1995)
Page 18 -46
December 4, 1995
TITLE 18 — ZONING
18.30.040 Conditional uses.
The following uses may be allowed within the
Commercial Light Industrial district, subject to the
requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title.
(1) Amusement parks.
(2) Animals shelters and kennels, subject to all
additional State and local regulations (less than 4 cats or
dogs does not need a permit).
(3) Cemeteries and crematories.
(4) Churches and community center
buildings.
(5) Colleges and universities.
(6) Convalescent, nursing and retirement
homes for more than 12 patients.
(7) Drive -in theaters.
(8) Electrical substations - distribution.
(9) Fire and police stations.
(10) Hospitals, sanitariums, or similar
institutions.
(11) Manufacturing, processing and /or as-
sembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics,
plaster, agricultural products or animal products (no
rendering or slaughtering).
(12) Manufacturing, processing and /or as-
sembling of previously manufactured metals, such as
iron and steel fabrication; steel production by electric
arc melting, argon oxygen refining, and consumable
electrode melting; and similar heavy industrial uses.
(13) Manufacturing, processing and /or as-
sembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand - forging.
(14) Monorails, people movers, and other
mass transit systems, such as park- and -ride lots.
(15) Radios, television, microwave, cellular or
observation stations and towers.
(16) Recreation facilities (commercial
- outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields.
(17) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(18) Rock crushing, asphalt or concrete
batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the
above materials.
(Ord. 1758 §1(part), 1995)
18.30.050 Unclassified uses.
The following uses may be allowed within the
Commercial Light Industrial district, subject to the
requirements, procedures and conditions established
by the Unclassified Use Permits chapter of this title.
(1) Airports, landing fields and heliports
(except emergency sites).
(2) Cement manufacturing.
(3) Correctional institutions.
(4) Essential public facilities, except those
specifically listed as a permitted, conditionally
permitted or unclassified use in any of the districts
established by this title.
(5) Hydroelectric and private utility power
generating plants.
(6) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions.
(7) Removal and processing of sand, gravel,
rock, peat, black soil, and other natural deposits together
with associated structures.
(8) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.30.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.30.070 Design review.
Design review is required for new developments
within 300 feet of residential districts or within 200 feet
of the Green /Duwamish River, or for developments
larger than 10,000 square feet.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-47
TUKWILA MUNICIPAL CODE
18.30.080 Basic development standards.
Development within the Commercial Light
Industrial district shall conform to the following listed
and referenced standards:
C /LI BASIC DEVELOPMENT STANDARDS
Setbacks to yards,
' minimum
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
5 feet
• Rear, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
4 stories or 45 feet
Landscape requirements
(minimum):
See Landscape, Recreation,
Recycling/ Solid Waste
Space requirements chapter
for further requirements
• Fronts
12.5 feet
• Sides
5 feet
• Sides - if adjacent LDR,
MDR, or HDR
15 feet
• Rear
None
• Rear - if adjacent LDR,
MDR, or HDR
15 feet
Off street parking
• Residential
2 per dwelling unit
• Office
2.5 per 1000 sq. ft.
gross floor area min.
• Retail
2.5 per 1000 sq. ft.
gross floor area min.
• Warehouse/
Manufacturing
1 per 1,000 sq. ft.
gross floor area min.
• Other Uses
See Off - street Parking &
Loading Regulations chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise ", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
(Ord. 1758 §1(part), 1995)
Chapter 18.32
LIGHT INDUSTRIAL
(LI) DISTRICT
Sections:
18.32.010 Purpose.
18.32.020 Permitted uses.
18.32.030 Accessory uses.
18.32.040 Conditional uses.
18.32.050 Unclassified uses.
18.32.060 On -site hazardous substances.
18.32.070 Design review.
18.32.080 Basic development standards.
18.32.010 Purpose.
This district implements the Light Industrial Use
Comprehensive Plan designation. It is intended to
provide areas characterized by distributive and light
manufacturing uses, with supportive commercial and
office uses.
(Ord. 1758 §1(part), 1995)
18.32.020 Permitted uses.
The following uses are permitted outright within
the Light Industrial district, subject to compliance with
all other applicable requirements of the Tukwila
Municipal Code.
(1) Adult entertainment establishments are
permitted, subject to the following location restrictions:
(A) No adult entertainment establishment
shall be allowed within the following distances from
the following specified uses, areas or zones, whether
such uses, areas or zones are located within or outside
the City limits:
(i) 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;
(ii) In or within 1/2 mile of:
(a) Public or private school with
curricula equivalent to elementary, junior or senior
high schools, or any facility owned or operated by such
schools, and
(b) Care centers, preschools,
nursery schools or other child care facilities;
(iii) 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 subdivision
(A) of this subsection 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.
Page 18-48 December 4, 1995
TITLE 18 — ZONING
(C) No adult entertainment establishment
shall be allowed to locate within 1,000 feet of an
existing adult entertainment establishment. The
distance specified in this section shall be measured by
following a straight line between the nearest points of
public entry into each establishment;
(2) Automobile, recreational vehicles or travel
trailer sales rooms and travel trailer or used car sales
lots. No dismantling of cars or travel trailers nor sale of
used parts allowed;
(3) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building);
(4) Beauty or barber shops;
(5) Bicycle repair shops;
(6) Billiard or pool rooms;
(7) Bus stations;
(8) Cabinet shops or carpenter shops
employing less than five people;
(9) Commercial laundries;
(10) Computer software development and
similar uses;
(11) Contractors storage yards;
(12) Convention facilities;
(13) Day care centers;
(14) Financial:
(A) banking;
(B) mortgage;
(C) other services;
(15) Fix -it, radio or television repair
shops /rental shops;
(16) Fraternal Organizations;
(17) Frozen food lockers for individual or
family use;
(18) Greenhouses or nurseries (commercial);
(19) Heavy equipment repair and salvage;
(20) High tech uses including research and
development, light assembling, repair or storage of
electronic equipment, instruments, or biotechnology
with at least 35% office.
(21) Hotels;
(22) Industries involved with etching, film
processing, lithography, printing, and publishing;
(23) Laundries;
(A) self- serve;
(B) dry cleaning;
(C) tailor, dyeing;
(24) Libraries, museums or art galleries
(public);
(25) Manufacturing, processing and /or as-
sembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand - forging;
(26) Manufacturing, processing and /or as-
sembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to,
heavy and light machinery, tools, airplanes, boats or
other transportation vehicles and equipment;
(27) Manufacturing, processing and /or
packaging of foods, including but not limited to, baked
goods, beverages (except fermenting and distilling),
candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (no
slaughtering);
(28) Manufacturing, processing and /or
packaging pharmaceuticals and related products, such as
cosmetics and drugs;
(29) Manufacturing, processing, and /or
packaging previously prepared materials including, but
not limited to, bags, brooms, brushes, canvas, clay,
clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile, and wood;
(30) Manufacturing, processing, assembling,
packaging and /or repairing electronic, mechanical or
precision instruments such as medical and dental
equipment, photographic goods, measurement and
control devices, and recording equipment;
(31) Medical and dental laboratories;
(32) Mortician and funeral homes;
(33) Motels;
(34) Offices, including:
(A) medical;
(B) dental;
(C) government; excluding fire and police
stations;
(D) professional;
(E) administrative;
(F) business, such as travel, real estate;
(G) commercial;
(35) Outpatient, inpatient, and emergency
medical and dental;
(36) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(37) Planned shopping center (Mall)
(38) Plumbing shops (no tin work or outside
storage);
(39) Public parking lots or garages for private
passenger cars
(40) Railroad tracks, (including lead, spur,
loading or storage);
(41) Recreation facilities (commercial - indoor)
- athletic or health clubs;
(42) Recreation facilities (commercial -
indoor), including bowling alleys, skating rinks,
shooting ranges;
(43) Restaurants, including:
(A) drive - through;
(B) sit down;
(C) cocktail lounges in conjunction with a
restaurant;
(44) Retail sales of health and beauty aids,
prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics,
December 4, 1995 Page 18-49
TUKWILA MUNICIPAL CODE
photo equipment and film processing, books,
magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting
goods, and similar items;
(45) Retail sales of furniture, appliances,
automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies,
farm supplies;
(46) Sales and rental of heavy machinery and
equipment subject to landscaping requirements of the
Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title;
(47) Salvage and wrecking operations which
are entirely enclosed within a building;
(48) Schools and studios for education or self
improvement;
(49) Storage (outdoor ) of materials allowed to
be manufactured or handled within facilities
conforming to uses under this chapter; and screened
pursuant to the Landscape, Recreation, Recycling/Solid
Waste Space Requirements chapter of this title;
(50) Taverns, nightclubs;
(51) Telephone exchanges;
(52) Theaters, excluding "adult entertainment
establishments ", as defined by this Code;
(53) Tow truck operations, subject to all
additional State and local regulations;
(54) Truck terminals;
(55) Warehouse storage and /or wholesale
distribution facilities.
(56) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.32.030 Accessory uses.
Uses and structures customarily appurtenant to a
permitted use, and clearly incidental to such permitted
use, are allowed within the Light Industrial district, as
follows:
(1) Parking areas;
(2) Recreational area and facilities for
employees;
(3) Residences for security or maintenance
personnel
(Ord. 1758 §1(part), 1995)
18.32.040 Conditional uses.
The following uses may be allowed within the
Light Industrial district, subject to the requirements,
procedures, and conditions established by the
Conditional Use Permits chapter of this title.
(1) Amusement parks;
(2) Animals shelters and kennels, subject to all
additional State and local regulations (less than 4 cats or
dogs does not need a permit);
(3) Cemeteries and crematories;
(4) Churches and community center
buildings;
(5) Colleges and universities;
(6) Drive -in theaters;
(7) Electrical substations - distribution;
(8) Fire and police stations;
(9) Hospitals, sanitariums, or similar
institutions;
(10) Manufacturing, processing and /or as-
sembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics,
plaster, agricultural products or animal products (no
rendering or slaughtering)
(11) Manufacturing, processing and /or as-
sembling of previously manufactured metals, such as
iron and steel fabrication; steel production by electric
arc melting, argon oxygen refining, and consumable
electrode melting; and similar heavy industrial uses;
(12) Monorails, people movers, and other
mass transit systems, such as park- and -ride lots;
(13) Radios, television, microwave, cellular or
observation stations and towers;
(14) Recreation facilities (commercial
- outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields;
(15) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(16) Rock crushing, asphalt or concrete
batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the
above materials;
(Ord. 1758 §1(part), 1995)
18.32.050 Unclassified uses.
The following uses may be allowed within the
Light Industrial district, subject to the requirements,
procedures and conditions established by the
Unclassified Use Permits chapter of this title.
(1) Airports, landing fields and heliports
(except emergency sites);
(2) Animal rendering;
(3) Cement manufacturing;
(4) Correctional institutions;
(5) Essential public facilities, except those
specifically listed as a permitted, conditionally
permitted or unclassified use in any of the districts
established by this title.
(6) Hydroelectric and private utility power
generating plants;
(7) Landfills and excavations which the
responsible official, acting pursuant to the State
Page 18-50 December 4, 1995
TITLE 18 — ZONING
Environmental Policy Act, determines are significant
environmental actions;
(8) Removal and processing of sand, gravel,
rock, peat, black soil, and other natural deposits together
with associated structures;
(9) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.32.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code)
(Ord. 1758 §1(part), 1995)
18.32.070 Design review.
Design review is required for new developments
within 300 feet of residential districts or within 200 feet
Green /Duwamish River.
(Ord. 1758 §1(part), 1995)
18.32.080 Basic development standards.
Development within the Light Industrial district
shall conform to the following listed and referenced
standards:
LI BASIC DEVELOPMENT STANDARDS
Setbacks to yards,
minimum
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
5 feet
• Rear, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
4 stories or 45 feet
Landscape requirements
(minimum):
See Landscape, Recreation,
Recycling/ Solid Waste
Space requirements chapter
for further requirements
• Fronts
12.5 feet
• Sides
None
• Sides - if adjacent LDR,
MDR, or HDR
10 feet
• Rear
None
• Rear - if adjacent LDR,
MDR, or HDR
10 feet
Off street parking
• Residential
2 per dwelling unit
• Office
2.5 per 1,000 sq. ft.
gross floor area min.
• Retail
2.5 per 1,000 sq. ft.
gross floor area min.
• Warehouse/ Industrial
1 per 1,000 sq. ft.
gross floor area min.
• Other Uses
See Off - street Parking &
Loading Regulations chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise ", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-51
TUKWILA MUNICIPAL CODE
Sections:
18.34.010
18.34.020
18.34.030
18.34.040
18.34.050
18.34.060
18.34.070
18.34.080
Chapter 18.34
HEAVY INDUSTRIAL
(HI) DISTRICT
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.34.010 Purpose.
This district implements the Heavy Industrial
Comprehensive Plan designation. It is intended to
provide areas characterized by heavy or bulk
manufacturing uses and distributive and light
manufacturing uses, with supportive commercial and
office uses. The development standards are the
minimum necessary to assure safe, functional,
efficient, and environmentally sound development.
(Ord. 1758 §1(part), 1995)
18.34.020 Permitted uses.
The following uses are permitted outright within
the Heavy Industrial district, subject to compliance
with all other applicable requirements of the Tukwila
Municipal Code.
(1) Adult entertainment establishments are
permitted, subject to the following location restrictions:
(A) No adult entertainment establishment
shall be allowed within the following distances from
the following specified uses, areas or zones, whether
such uses, areas or zones are located within or outside
the City limits:
(i) 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;
(ii) In or within 1/2 mile of:
(a) Public or private school with
curricula equivalent to elementary, junior or senior
high schools, or any facility owned or operated by such
schools, and
(b) Care centers, preschools,
nursery schools or other child care facilities;
(iii) 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 subdivision
(A) of this subsection shall be measured by following a
straight line from the nearest point of the property
parcel upon which the proposed use is to be located, to
the nearest point of the parcel of property or land use
district boundary line from which the proposed land
use is to be separated.
(C) No adult entertainment establishment
shall be allowed to locate within 1,000 feet of an
existing adult entertainment establishment. The
distance specified in this section shall be measured by
following a straight line between the nearest points of
public entry into each establishment;
(2) Automobile, recreational vehicles or travel
trailer sales rooms and travel trailer or used car sales
lots. No dismantling of cars or travel trailers nor sale of
used parts allowed;
(3) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building);
(4) Beauty or barber shops;
(5) Bicycle repair shops;
(6) Billiard or pool rooms;
(7) Bus stations;
(8) Cabinet shops or carpenter shops
employing less than five people;
(9) Commercial laundries;
(10) Computer software development and
similar uses;
(11) Contractors storage yards;
(12) Convention facilities;
(13) Day care centers.
(14) Financial:
(A) banking;
(B) mortgage;
(C) other services;
(15) Fix -it, radio or television repair
shops /rental shops;
(16) Fraternal Organizations;
(17) Frozen food lockers for individual or
family use;
(18) Greenhouses or nurseries (commercial);
(19) Heavy equipment repair and salvage;
(20) High tech uses including research and
development, light assembling, repair or storage of
electronic equipment, instruments, or biotechnology
with at least 35% office.
(21) Hotels;
(22) Industries involved with etching, film
processing, lithography, printing, and publishing;
(23) Laundries;
(A) self- serve;
(B) dry cleaning;
(C) tailor, dyeing;
(24) Libraries, museums or art galleries
(public);
(25) Manufacturing, processing and /or as-
sembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics,
Page 18 -52
December 4, 1995
TITLE 18 — ZONING
plaster, agricultural products or animal products (no
rendering or slaughtering)
(26) Manufacturing, processing and /or as-
sembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to,
heavy and light machinery, tools, airplanes, boats or
other transportation vehicles and equipment;
(27) Manufacturing, processing and /or as-
sembling 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;
(28) Manufacturing, processing and /or as-
sembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand - forging;
(29) Manufacturing, processing and /or
packaging of foods, including but not limited to, baked
goods, beverages (except fermenting and distilling),
candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (no
slaughtering);
(30) Manufacturing, processing and /or
packaging pharmaceuticals and related products, such as
cosmetics and drugs;
(31) Manufacturing, processing, and /or
packaging previously prepared materials including, but
not limited to, bags, brooms, brushes, canvas, clay,
clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile, and wood;
(32) Manufacturing, processing, assembling,
packaging and /or repairing electronic, mechanical or
precision instruments such as medical and dental
equipment, photographic goods, measurement and
control devices, and recording equipment;
(33) Medical and dental laboratories;
(34) Mortician and funeral homes;
(35) Motels;
(36) Offices, including:
(A) medical;
(B) dental;
(C) government; excluding fire and police
stations;
(D) professional;
(E) administrative;
(F) business, such as travel, real estate;
(G) commercial;
(37) Outpatient, inpatient, and emergency
medical and dental;
(38) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(39) Planned shopping center (Mall)
(40) Plumbing shops (no tin work or outside
storage);
(41) Public parking lots or garages for private
passenger cars
(42) Railroad tracks, (including lead, spur,
loading or storage);
(43) Recreation facilities (commercial - indoor)
- athletic or health clubs;
(44) Restaurants, including:
(A) drive - through;
(B) sit down;
(C) cocktail lounges in conjunction with a
restaurant;
(45) Retail sales of health and beauty aids,
prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics,
photo equipment, and film processing, books,
magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting
goods, and similar items;
(46) Retail sales of furniture, appliances,
automobile parts and accessories, liquor, lumber /build-
ing materials, lawn and garden supplies, farm supplies;
(47) Rock crushing, asphalt or concrete
batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the
above materials;
(48) Sales and rental of heavy machinery and
equipment subject to landscaping requirements of the
Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title;
(49) Salvage and wrecking operations;
(50) Schools and studios for education or self
improvement;
(51) 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;
(52) Storage (outdoor ) of materials allowed to
be manufactured or handled within facilities
conforming to uses under this chapter; and screened
pursuant to the Landscape, Recreation, Recycling/Solid
Waste Space Requirements chapter of this title;
(53) Taverns, nightclubs;
(54) Telephone exchanges;
(55) Theaters, excluding "adult entertainment
establishments ", as defined by this Code;
(56) Tow truck operations, subject to all
additional State and local regulations;
(57) Truck terminals;
(58) Warehouse storage and /or wholesale
distribution facilities.
(59) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-53
TUKWILA MUNICIPAL CODE
18.34.030 Accessory uses.
Uses and structures customarily appurtenant to a
permitted use, and clearly incidental to such permitted
use, are allowed within the Heavy Industrial district,
as follows:
(1) Parking areas;
(2) Recreational area and facilities for
employees;
(3) Residences for security or maintenance
personnel
(Ord. 1758 §1(part), 1995)
18.34.040 Conditional uses.
The following uses may be allowed within the
Heavy Industrial district, subject to the requirements,
procedures, and conditions established by the
Conditional Use Permits chapter of this title.
(1) Amusement parks;
(2) Animals shelters and kennels, subject to all
additional State and local regulations (less than 4 cats or
dogs does not need a permit);
(3) Cemeteries and crematories;
(4) Churches and community center
buildings;
(5) Colleges and universities;
(6) Drive -in theaters;
(7) Electrical substations - distribution;
(8) Fire and police stations;
(9) Hazardous waste treatment and storage
facilities (off -site) subject to compliance with state siting
criteria (RCW Chapter 70.105; see Chapter 21.08 of this
code);
(10) Hospitals, sanitariums, or similar
institutions;
(1 1) Monorails, people movers, and other
mass transit systems, such as park- and -ride lots;
(12) Radios, television, microwave, cellular or
observation stations and towers;
(13) Recreation facilities (commercial
- outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields;
(14) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(Ord. 1758 §1(part), 1995)
18.34.050 Unclassified uses.
The following uses may be allowed within the
Heavy Industrial district, subject to the requirements,
procedures and conditions established by the
Unclassified Use Permits chapter of this title.
(1) Airports, landing fields and heliports
(except emergency sites);
(2) Cement manufacturing;
(3) Correctional institutions;
(4) Electrical substation -
transmission /switching;
(5) Essential public facilities, except those
specifically listed as a permitted, conditionally
permitted or unclassified use in any of the districts
established by this title.
(6) Hydroelectric and private utility power
generating plants;
(7) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions;
(8) Manufacturing, refining, or storing highly
volatile noxious or explosive products (less than tank
car lots) such as acids, petroleum products, oil or gas,
matches, fertilizer or insecticides; except for accessory
storage of such materials;
(9) Railroad freight or classification yards;
(10) Removal and processing of sand, gravel,
rock, peat, black soil, and other natural deposits together
with associated structures;
(11) Transfer stations (refuse and garbage)
when operated by a public agency;
(12) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.34.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.34.070 Design review.
Design review is required for new developments
within 300 feet of residential districts or within 200 feet
of the Green /Duwamish River.
(Ord. 1758 §1(part), 1995)
Page 18 -54
December 4, 1995
TITLE 18 — ZONING
18.34.080 Basic development standards.
Development within the Heavy Industrial district
shall conform to the following listed and referenced
standards:
HI BASIC DEVELOPMENT STANDARDS
Setbacks to yards,
minimum
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
5 feet
• Rear, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
4 stories or 45 feet
Landscape requirements
(minimum):
See Landscape, Recreation,
Recycling/ Solid Waste
Space requirements chapter
for further requirements
• Fronts
12.5 feet
• Sides
None
• Sides - if adjacent
LDR, MDR, or HDR
10 feet
• Rear
None
• Rear - if adjacent LDR,
MDR, or HDR
10 feet
Off Street Parking
• Residential
2 per dwelling unit
• Office
2.5 per 1,000 sq. ft.
gross floor area min.
• Retail
2.5 per 1,000 sq. ft.
gross floor area min.
• Warehouse /Industrial
1 per 1 ,000 sq. ft.
gross floor area min.
• Other Uses
See Off - street Parking &
Loading Regulations chapter
(Ord. 1758 §1(part),
1995)
Chapter 18.36
MANUFACTURING/INDUSTRIAL CENTER —
LIGHT (MIC /L) DISTRICT
Sections:
18.36.010
18.36.020
18.36.030
18.36.040
18.36.050
18.36.060
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
Parking regulations.
18.36.010 Purpose.
This district implements the Manufacturing
Industrial Center /Light Industrial Comprehensive Plan
designation. It is intended to provide a major
employment area containing distributive light
manufacturing and industrial uses and other uses that
support those industries. This district's uses and
standards are intended to enhance the redevelopment
of the Duwamish Corridor.
(Ord. 1758 §1(part), 1995)
18.36.020 Permitted uses.
The following uses are permitted outright within
the Manufacturing Industrial Center /Light Industrial
district, subject to compliance with all other applicable
requirements of the Tukwila Municipal Code.
(1) Adult entertainment establishments are
permitted, subject to the following location restrictions:
(A) No adult entertainment establishment
shall be allowed within the following distances from
the following specified uses, areas or zones, whether
such uses, areas or zones are located within or outside
the City limits:
(i) 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;
(ii) In or within 1/2 mile of:
(a) Public or private school with
curricula equivalent to elementary, junior or senior
high schools, or any facility owned or operated by such
schools, and
(b) Care centers, preschools,
nursery schools or other child care facilities;
(iii) 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 subdivision
(A) of this subsection 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
December 4, 1995
Page 18-55
TUKWILA MUNICIPAL CODE
district boundary line from which the proposed land
use is to be separated.
(C) No adult entertainment establishment
shall be allowed to locate within 1,000 feet of an
existing adult entertainment establishment. The
distance specified in this section shall be measured by
following a straight line between the nearest points of
public entry into each establishment;
(2) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building);
(3) Beauty or barber shops;
(4) Bicycle repair shops;
(5) Bus stations;
(6) Commercial laundries;
(7) Computer software development and
similar uses;
(8) Contractors storage yards;
(9) Day care centers;
(10) Financial:
(A) banking;
(B) mortgage;
(C) other services;
(11) Heavy equipment repair and salvage;
(12) High tech uses including research and
development, light assembling, repair or storage of
electronic equipment, instruments, or biotechnology
with at least 35% office.
(13) Hotels;
(14) Industries involved with etching, film
processing, lithography, printing, and publishing;
(15) Laundries;
(A) self- serve;
(B) dry cleaning;
(C) tailor, dyeing;
(16) Libraries, museums or art galleries
(public);
(17) Manufacturing, processing and /or as-
sembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to,
heavy and light machinery, tools, airplanes, boats or
other transportation vehicles and equipment;
(18) Manufacturing, processing and /or as-
sembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand - forging;
(19) Manufacturing, processing and /or
packaging of foods, including but not limited to, baked
goods, beverages (except fermenting and distilling),
candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (no
slaughtering);
(20) Manufacturing, processing and /or
packaging pharmaceuticals and related products, such as
cosmetics and drugs;
(21) Manufacturing, processing, and /or
packaging previously prepared materials including, but
not limited to, bags, brooms, brushes, canvas, clay,
clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile, and wood;
(22) Manufacturing, processing, assembling,
packaging and /or repairing electronic, mechanical or
precision instruments such as medical and dental
equipment, photographic goods, measurement and
control devices, and recording equipment;
(23) Motels;
(24) Offices (must be associated with another
permitted use, e.g., administrative, offices for a
manufacturing company present within the MIC)
(25) Outpatient, inpatient, and emergency
medical and dental;
(26) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(27) Public parking lots or garages for private
passenger cars
(28) Railroad tracks, (including lead, spur,
loading or storage);
(29) Recreation facilities (commercial - indoor)
- athletic or health clubs;
(30) Restaurants, including:
(A) drive - through;
(B) sit down;
(C) cocktail lounges in conjunction with a
restaurant;
(31) Sales and rental of heavy machinery and
equipment subject to landscaping requirements of the
Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title;
(32) Salvage and wrecking operations which
are entirely enclosed within a building;
(33) Schools and studios for education or self
improvement;
(34) 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;
(35) Storage (outdoor) of materials allowed to
be manufactured or handled within facilities
conforming to uses under this chapter; and screened
pursuant to the Landscape, Recreation, Recycling/Solid
Waste Space Requirements chapter of this title;
(36) Taverns, nightclubs;
(37) Telephone exchanges;
(38) Tow truck operations, subject to all
additional State and local regulations;
(39) Truck terminals;
(40) Warehouse storage and /or wholesale
distribution facilities.
(41) Other uses not specifically listed in this
Title, which the Director determines to be:
Page 18 -56
December 4, 1995
TITLE 18 — ZONING
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.36.030 Accessory uses.
Uses and structures customarily appurtenant to a
permitted use, and clearly incidental to such permitted
use, are allowed within the Manufacturing Industrial
Center /Light Industrial district, as follows:
(1) Billiard or pool rooms;
(2) Parking areas;
(3) Recreational area and facilities for
employees;
(4) Residences for security or maintenance
personnel.
(Ord. 1758 §1(part), 1995)
18.36.040 Conditional uses.
The following uses may be allowed within the
Manufacturing Industrial Center /Light Industrial
district, subject to the requirements, procedures, and
conditions established by the Conditional Use Permits
chapter of this title.
(1) Colleges and universities;
(2) Electrical substations - distribution;
(3) Fire and police stations;
(4) Heavy metal processes such as smelting,
blast furnaces, drop forging, or drop hammering;
(5) Manufacturing, processing and /or as-
sembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics,
plaster, agricultural products or animal products (no
rendering or slaughtering)
(6) Manufacturing, processing and /or as-
sembling 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;
(7) Monorails, people movers, and other mass
transit systems, such as park- and -ride lots;
(8) Radios, television, microwave, cellular or
observation stations and towers;
(9) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(10) Retail sales of health and beauty aids,
prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics,
photo equipment, and film processing, books,
magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting
goods, and similar items; limited to uses of a type and
size that clearly intend to serve other permitted uses
and /or the employees of those uses;
(1 1) Rock crushing, asphalt or concrete
batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the
above materials;
(Ord. 1758 §1(part), 1995)
18.36.050 Unclassified uses.
The following uses may be allowed within the
Manufacturing Industrial Center /Light Industrial
district, subject to the requirements, procedures and
conditions established by the Unclassified Use Permits
chapter of this title.
(1) Airports, landing fields and heliports
(except emergency sites);
(2) Cement manufacturing;
(3) Essential public facilities, except those
specifically listed as a permitted, conditionally
permitted or unclassified use in any of the districts
established by this title.
(4) Hydroelectric and private utility power
generating plants;
(5) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions;
(6) Railroad freight or classification yards;
(7) Removal and processing of sand, gravel,
rock, peat, black soil, and other natural deposits together
with associated structures;
(8) Transfer stations (refuse and garbage)
when operated by a public agency;
(9) Transit centers (regional).
((Ord. 1758 §1(part), 1995)
18.36.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 §1(part), 1995)
18.36.070 Design review.
Design review is required for new developments
within 300 feet of residential districts or within 200 feet
of the Green /Duwamish River.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-57
TUKWILA MUNICIPAL CODE
18.36.080 Basic development standards.
Development within the Manufacturing Industrial
Center /Light Industrial district shall conform to the
following listed and referenced standards:
MIC /L BASIC DEVELOPMENT STANDARDS
Setbacks to yards,
minimum
• Front
20 feet
• Second front
10 feet
• Sides
None
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
None
• Rear, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
4 stories or 45 feet
Landscape requirements
(minimum):
See Landscape, Recreation,
Recycling/ Solid Waste
Space requirements chapter
for further requirements
• Fronts
5 feet
• Sides
None
• Sides - if adjacent LDR,
MDR, or HDR
15 feet
• Rear
None
• Rear - if adjacent LDR,
MDR, or HDR
15 feet
Off Street Parking
• Residential
2 per dwelling unit
• Office
2.5 per 1,000 sq. ft. gross
floor area min.
• Retail
2.5 per 1,000 sq. ft.
gross floor area min.
• Warehouse /Industrial
1 per 1,000 sq. ft.
gross floor area min.
• Other Uses
See Off - street Parking &
Loading Regulations chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise ", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21 C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
(Ord. 1758 §1(part), 1995)
Chapter 18.38
MANUFACTURING/INDUSTRIAL CENTER —
HEAVY (MIC /H) DISTRICT
Sections:
18.38.010
18.38.020
18.38.030
18.38.040
18.38.050
18.38.060
18.38.070
18.38.080
Purpose.
Permitted uses.
Accessory uses.
Conditional uses.
Unclassified uses.
On -site hazardous substances.
Design review.
Basic development standards.
18.38.010 Purpose.
This district implements the Manufacturing
Industrial Center /Heavy Industrial Comprehensive
Plan designation. It is intended to provide a major
employment area containing heavy or bulk
manufacturing and industrial uses, distributive and light
manufacturing and industrial uses, and other uses that
support those industries. This district's uses and
standards are intended to enhance the redevelopment
of the Duwamish Corridor.
(Ord. 1758 §1(part), 1995)
18.38.020 Permitted uses.
The following uses are permitted outright within
the Manufacturing Industrial Center - Heavy Industrial
district, subject to compliance with all other applicable
requirements of the Tukwila Municipal Code.
(1) Adult entertainment establishments are
permitted, subject to the following location restrictions:
(A) No adult entertainment establishment
shall be allowed within the following distances from
the following specified uses, areas or zones, whether
such uses, areas or zones are located within or outside
the City limits:
(i) 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;
(ii) In or within 1/2 mile of:
(a) Public or private school with
curricula equivalent to elementary, junior or senior
high schools, or any facility owned or operated by such
schools, and
(b) Care centers, preschools,
nursery schools or other child care facilities;
(iii) 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 subdivision
(A) of this subsection shall be measured by following a
straight line from the nearest point of the property
Page 18-58 December 4, 1995
TITLE 18 — ZONING
parcel upon which the proposed use is to be located, to
the nearest point of the parcel of property or land use
district boundary line from which the proposed land
use is to be separated.
(C) No adult entertainment establishment
shall be allowed to locate within 1,000 feet of an
existing adult entertainment establishment. The
distance specified in this section shall be measured by
following a straight line between the nearest points of
public entry into each establishment;
(2) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building);
(3) Beauty or barber shops;
(4) Bicycle repair shops;
(5) Bus stations;
(6) Computer software development and
similar uses;
(7) Contractors storage yards;
(8) Day care centers.
(9) Financial:
(A) banking;
(B) mortgage;
(C) other services;
(10) Heavy equipment repair and salvage;
(11) Heavy metal processes such as
smelting, blast furnaces, drop forging, or drop
hammering;
(12) High tech uses including research and
development, light assembling, repair or storage of
electronic equipment, instruments, or biotechnology
with at least 35% office.
(13) Hotels;
(14) Industries involved with etching, film
processing, lithography, printing, and publishing;
(15) Laundries;
(A) self - serve;
(B) dry cleaning;
(C) tailor, dyeing;
(16) Libraries, museums or art galleries
(public);
(17) Manufacturing, processing and /or as-
sembling chemicals, light metals, plastics, solvents,
soaps, wood, coal, glass, enamels, textiles, fabrics,
plaster, agricultural products or animal products (no
rendering or slaughtering)
(18) Manufacturing, processing and /or as-
sembling 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;
(19) Manufacturing, processing and /or as-
sembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand - forging;
(20) Manufacturing, processing and /or as-
sembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to,
heavy and light machinery, tools, airplanes, boats or
other transportation vehicles and equipment;
(21) Manufacturing, processing and /or
packaging of foods, including but not limited to, baked
goods, beverages (except fermenting and distilling),
candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (no
slaughtering);
(22) 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;
(23) 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;
(24) Motels;
(25) Offices; must be associated with another
permitted uses (e.g., administrative offices for a
manufacturing company present within the MIC);
(26) Outpatient, inpatient, and emergency
medical and dental;
(27) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(28) Public parking lots or garages for private
passenger cars
(29) Railroad tracks, (including lead, spur,
loading or storage);
(30) Recreation facilities (commercial - indoor)
- athletic or health clubs;
(31) Restaurants, including:
(A) drive - through;
(B) sit down;
(C) cocktail lounges in conjunction with a
restaurant;
(32) Rock crushing, asphalt or concrete
batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the
above materials;
(33) Sales and rental of heavy machinery and
equipment subject to landscaping requirements of the
Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title;
(34) Salvage and wrecking operations;
(35) Schools and studios for education or self
improvement;
(36) 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;
(37) Storage (outdoor ) of materials allowed to
be manufactured or handled within facilities
December 4, 1995 Page 18-59
TUKWILA MUNICIPAL CODE
conforming to uses under this chapter; and screened
pursuant to the Landscape, Recreation, Recycling/Solid
Waste Space Requirements chapter of this title;
(38) Taverns, nightclubs;
(39) Telephone exchanges;
(40) Tow truck operations, subject to all
additional State and local regulations;
(41) Truck terminals;
(42) Warehouse storage and /or wholesale
distribution facilities.
(43) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.38.030 Accessory uses.
Uses and structures customarily appurtenant to a
permitted use, and clearly incidental to such permitted
use, are allowed within the Manufacturing Industrial
Center /Heavy Industrial district, as follows:
(1) Billiard or pool rooms;
(2) Parking areas;
(3) Recreational area and facilities for
employees;
(4) Residences for security or maintenance
personnel
(Ord. 1758 §1(part), 1995)
18.38.040 Conditional uses.
The following uses may be allowed within the
Manufacturing Industrial Center /Heavy Industrial
district, subject to the requirements, procedures, and
conditions established by the Conditional Use Permits
chapter of this title.
(1) Colleges and universities;
(2) Electrical substations - distribution;
(3) Fire and police stations;
(4) Hazardous waste treatment and storage
facilities (off -site) subject to compliance with state siting
criteria (RCW Chapter 70.105; see Chapter 21.08 of this
code);
(5) Monorails, people movers, and other mass
transit systems, such as park- and -ride lots;
(6) Radios, television, microwave, cellular or
observation stations and towers;
(10) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(8) Retail sales of health and beauty aids,
prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics,
photo equipment, and film processing, books,
magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting
goods, and similar items; limited to uses of a type and
size that clearly intend to serve other permitted uses
and /or the employees of those uses;
(Ord. 1758 §1(part), 1995)
18.38.050 Unclassified uses.
The following uses may be allowed within the
Manufacturing Industrial Center /Heavy Industrial
district, subject to the requirements, procedures and
conditions established by the Unclassified Use Permits
chapter of this title.
(1) Airports, landing fields and heliports
(except emergency sites);
(2) Cement manufacturing;
(3) Electrical substation
transmission /switching
(4) Essential public facilities, except those
specifically listed as a permitted, conditionally
permitted or unclassified use in any of the districts
established by this title.
(5) Hydroelectric and private utility power
generating plants;
(6) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions;
(7) Manufacturing, refining, or storing highly
volatile noxious or explosive products (less than tank
car lots) such as acids, petroleum products, oil or gas,
matches, fertilizer or insecticides; except for accessory
storage of such materials;
(8) Railroad freight or classification yards;
(9) Removal and processing of sand, gravel,
rock, peat, black soil, and other natural deposits together
with associated structures;
(10) Transfer stations (refuse and garbage)
when operated by a public agency;
(1 1) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.38.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code.)
(Ord. 1758 § 1(part), 1995)
18.38.070 Design review.
Design review is required for new developments
within 300 feet of residential districts or within 200 feet
of the Green /Duwamish River.
(Ord. 1758 §1(part), 1995)
Page 18 -60
December 4, 1995
TITLE 18 — ZONING
18.38.080 Basic development standards.
Development within the Manufacturing Industrial
Center /Heavy Industrial district shall conform to the
following listed and referenced standards:
MIC /H BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum
• Front
20 feet
• Second front
10 feet
• Sides
None
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
None
• Rear, if adjacent to LDR,
MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
125 feet
Landscape requirements
(minimum):
See Landscape,
Recreation, Recycling/
Solid Waste Space
requirements chapter for
further requirements
• Fronts
5 feet
• Sides
None
• Sides - if adjacent LDR,
MDR, or HDR
10 feet
• Rear
None
• Rear - if adjacent LDR,
MDR, or HDR
10 feet
Off Street Parking
• Residential
2 per dwelling unit
• Offices
2.5 per 1,000 sq. ft.
gross floor area min.
• Retail
2.5 per 1,000 sq. ft.
gross floor area min.
• Warehouse /Industrial
1 per 1,000 sq. ft.
gross floor area min.
• Other Uses
See Off -street Parking &
Loading Regulations
chapter
(Ord. 1758 §1 (part), 1995)
Chapter 18.40
TUKWILA VALLEY SOUTH
(TVS) DISTRICT
Sections:
18.40.010 Purpose.
18.40.020 Permitted uses.
18.40.030 Accessory uses.
18.40.040 Conditional uses.
18.40.050 Unclassified uses.
18.40.060 On -site hazardous substances.
18.40.070 Design review.
18.40.075 Tukwila South Master Plan Area.
18.40.080 Basic development standards.
18.40.010 Purpose.
This district implements the Tukwila Valley South
Comprehensive Plan designation. It is intended to
provide an area of high - intensity regional uses that
include commercial services, offices, light industry,
warehousing and retail uses, with heavy industrial
uses subject to a Conditional Use Permit.
(Ord. 1758 §1 (pa rt), 19 95)
18.40.020 Permitted uses.
The following uses are permitted outright within
the Tukwila Valley South district, subject to compliance
with all other applicable requirements of the Tukwila
Municipal Code.
(1) Adult entertainment establishments are
permitted, subject to the following location restrictions:
(A) No adult entertainment establishment
shall be allowed within the following distances from
the following specified uses, areas or zones, whether
such uses, areas or zones are located within or outside
the City limits:
(1) In or within 1,000 feet of any LDR,
MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone
districts or any other residentially zoned property;
(ii) In or within 1/2 mile of:
(a) Public or private school with
curricula equivalent to elementary, junior or senior
high schools, or any facility owned or operated by such
schools, and
(b) Care centers, preschools,
nursery schools or other child care facilities;
(iii) 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 subdivision
(A) of this subsection 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
December 4, 1995
Page 18-61
TUKWILA MUNICIPAL CODE
district boundary line from which the proposed land
use is to be separated.
(C) No adult entertainment establishment
shall be allowed to locate within 1,000 feet of an
existing adult entertainment establishment. The
distance specified in this section shall be measured by
following a straight line between the nearest points of
public entry into each establishment;
(2) Animal veterinary, including associated
temporary indoor boarding; access to an arterial
required;
(3) Automobile, recreational vehicles or travel
trailer sales rooms and travel trailer or used car sales
lots. No dismantling of cars or travel trailers nor sale of
used parts allowed;
(4) Automotive services:
(A) gas, outside pumps allowed;
(B) washing;
(C) body and engine repair shops
(enclosed within a building);
(5) Beauty or barber shops;
(6) Bicycle repair shops;
(7) Billiard or pool rooms;
(8) Bus stations;
(9) Cabinet shops or carpenter shops
employing less than five people;
(10) Commercial laundries;
(11) Computer software development and
similar uses;
(12) Contractor's storage yards;
(13) Convalescent, nursing and retirement
homes for not more than twelve patients;
(14) Convention facilities;
(15) Day care centers;
(16) Dwelling - One detached single - family
unit (includes factory built or modular home that
meets UBC);
(17) Farming and farm - related activities.
(18) Financial:
(A) banking;
(B) mortgage;
(C) other services;
(19) Fix -it, radio or television repair
shops /rental shops;
(20) Fraternal Organizations;
(21) Frozen food lockers for individual or
family use;
(22) Greenhouses or nurseries (commercial);
(23) Heavy equipment repair and salvage;
(24) High tech uses including research and
development, light assembling, repair or storage of
electronic equipment, instruments, or biotechnology
with at least 35% office.
(25) Hotels;
(26) Industries involved with etching, film
processing, lithography, printing, and publishing;
(27) Laundries;
(A) self- serve;
(B) dry cleaning;
(C) tailor, dyeing;
(28) Libraries, museums or art galleries
(public);
(29) Manufacturing, processing and /or
packaging of foods, including but not limited to, baked
goods, beverages (except fermenting and distilling),
candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (no
slaughtering);
(30) Manufacturing, processing and /or
packaging pharmaceuticals and related products, such as
cosmetics and drugs;
(31) Manufacturing, processing, and /or
packaging previously prepared materials including, but
not limited to, bags, brooms, brushes, canvas, clay,
clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile, and wood;
(32) Manufacturing, processing, assembling,
packaging and /or repairing electronic, mechanical or
precision instruments such as medical and dental
equipment, photographic goods, measurement and
control devices, and recording equipment;
(33) Medical and dental laboratories;
(34) Mortician and funeral homes;
(35) Motels;
(36) Offices, including:
(A) medical;
(B) dental;
(C) government; excluding fire and police
stations;
(D) professional;
(E) administrative;
(F) business, such as travel, real estate;
(G) commercial;
(37) Outpatient, inpatient, and emergency
medical and dental;
(38) Planned shopping center (Mall)
(39) Plumbing shops (no tin work or outside
storage);
(40) Parks, trails, picnic areas and playgrounds
(public) but not including amusement parks, golf
courses, or commercial recreation.
(41) Public parking lots or garages for private
passenger cars
(42) Railroad tracks, (including lead, spur,
loading or storage);
(43) Recreation facilities (commercial - indoor)
- athletic or health clubs;
(44) Recreation facilities (commercial -
indoor), including bowling alleys, skating rinks,
shooting ranges;
(45) Restaurants, including:
(A) drive - through;
(B) sit down;
(C) cocktail lounges in conjunction with a
restaurant;
Page 18 -62
December 4, 1995
TITLE 18 — ZONING
(46) 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;
(47) Retail sales of furniture, appliances,
automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies,
farm supplies;
(48) Sales and rental of heavy machinery and
equipment subject to landscaping requirements of the
Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title;
(49) Salvage and wrecking operations which
are entirely enclosed within a building;
(50) Schools and studios for education or self
improvement;
(51) Storage (outdoor ) of materials allowed to
be manufactured or handled within facilities
conforming to uses under this chapter; and screened
pursuant to the Landscape, Recreation, Recycling/Solid
Waste Space Requirements chapter of this title;
(52) Studios - art, photography, music, voice
and dance.
(53) Taverns, nightclubs;
(54) Telephone exchanges;
(55) Theaters, excluding "adult entertainment
establishments ", as defined by this Code;
(56) Tow truck operations, subject to all
additional State and local regulations;
(57) Truck terminals;
(58) Warehouse storage and /or wholesale
distribution facilities.
(59) Other uses not specifically listed in this
Title, which the Director determines to be:
(A) similar in nature to and compatible
with other uses permitted outright within this district;
and
(B) consistent with the stated purpose of
this district; and
(C) consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.40.030 Accessory uses.
Uses and structures customarily appurtenant to a
permitted use, and clearly incidental to such permitted
use, are allowed within the Tukwila Valley South
district, as follows:
(1) Accessory dwelling unit, provided:
(A) minimum lot of 7,200 square feet,
(B) accessory dwelling unit is no more
than 33% of the square footage of the primary residence
and a maximum of 1,000 square feet, whichever is
less;
(C) one of the residences is the primary
residence of a person who owns at least 50% of the
property,
(D) dwelling unit is incorporated into the
primary detached single family residence, not a
separate unit, so that both units appear to be of the
same design as if constructed at the same time.
(E) minimum of three parking spaces on
the property with units less than 600 square feet, and a
minimum of four spaces for units over 600 square feet,
(F) the units are not sold as
condominiums.
(2) Family child care home;
(3) Home occupation;
(4) Parking areas;
(5) Recreational area and facilities for
employees;
(6) Residences for security or maintenance
personnel
(Ord. 1758 §1(part), 1995)
18.40.040 Conditional uses.
The following uses may be allowed within the
Tukwila Valley South district, subject to the
requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title of
this Title.
(1) Amusement parks;
(2) Animals shelters and kennels, subject to all
additional State and local regulations (less than 4 cats or
dogs does not need a permit);
(3) Cemeteries and crematories;
(4) Churches and community center
buildings;
(5) Colleges and universities;
(6) Convalescent, nursing and retirement
homes for more than twelve patients;
(7) Drive -in theaters;
(8) Dwelling - Multi- family units (max. 22.0
units /acre, as a mixed use development that is non-
industrial in nature); must be located on property
adjacent to and not greater than five hundred feed from
the Green River, Tukwila Pond or Minkler Pond;
(9) Electrical substations -- distribution;
(10) Fire and police stations;
(11) Hospitals, sanitariums, or similar
institutions;
(12) Manufacturing, processing and /or as-
sembling of electrical or mechanical equipment,
vehicles and machines including, but not limited to,
heavy and light machinery, tools, airplanes, boats or
other transportation vehicles and equipment;
(13) Manufacturing, processing and /or as-
sembling chemicals, light metals, plastics, solvents,
soap, wood, coal, glass, enamels, textiles, fabrics,
plaster, agricultural products or animal products (no
rendering or slaughtering)
December 4, 1995 Page 18-63
TUKWILA MUNICIPAL CODE
(14) Manufacturing, processing and /or as-
sembling of previously manufactured metals, such as
iron and steel fabrication; steel production by electric
arc melting, argon oxygen refining, and consumable
electrode melting; and similar heavy industrial uses;
(15) Manufacturing, processing and /or as-
sembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of
metal, engraving, galvanizing and hand - forging;
(16) Monorails, people movers, and other
mass transit systems, such as park- and -ride lots;
(17) Radios, television, microwave, cellular or
observation stations and towers;
(18) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(19) Recreation facilities (commercial
- outdoor), including golf courses, golf driving ranges,
fairgrounds, animal race tracks, sports fields;
(20) Rock crushing, asphalt or concrete
batching or mixing, stone cutting, brick manufacture,
marble work, and the assembly of products from the
above materials;
(21) Salvage and wrecking operations;
(22) Schools, preschool, elementary, junior or
high schools (public), and equivalent private schools.
(23) Storage (outdoor) of materials is permitted
up to a height of 20 feet with a front yard setback of 25
feet, and to a height of 50 feet with a front yard setback
of 100 feet; security required;
(Ord. 1758 § 1(part), 1995)
18.40.050 Unclassified uses.
The following uses may be allowed within the
Tukwila Valley South district, subject to the
requirements, procedures and conditions established
by the Unclassified Use Permits chapter of this title.
(1) Airports, landing fields and heliports
(except emergency sites);
(2) Cement manufacturing;
(3) Conversions of rental multi- family struc-
tures to condominiums or owner - occupied multi-
family housing, but excluding the construction of new
condominium or owner - occupied multi - family hous-
ing.
(4) Correctional institutions;
(5) Electrical substation — transmission/
switching;
(6) Essential public facilities, except those
specifically listed as a permitted, conditionally
permitted or unclassified use in any of the districts
established by this title.
(7) Hydroelectric and private utility power
generating plants;
(8) Landfills and excavations which the
responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant
environmental actions;
(9) 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;
(10) Railroad freight or classification yards;
(11) Removal and processing of sand, gravel,
rock, peat, black soil, and other natural deposits together
with associated structures;
(12) Transfer stations (refuse and garbage)
when operated by a public agency;
(13) Transit centers (regional).
(Ord. 1758 §1(part), 1995)
18.40.060 On -site hazardous substances.
No on -site hazardous substance processing and
handling, or hazardous waste treatment and storage
facilities shall be permitted, unless clearly incidental
and secondary to a permitted use. On -site hazardous
waste treatment and storage facilities shall be subject to
the State siting criteria (RCW Chapter 70.105).
(See Chapter 21.08 of this Code)
(Ord. 1758 §1(part), 1995)
18.40.070 Design review.
Design review is required for new development
within 300 feet of residential districts; within 200 feet
of the Green /Duwamish River; for developments
larger than 10,000 sq. ft. and for all multi - family
developments.
(Ord. 1758 §1(part), 1995)
18.40.075 Tukwila South Master Plan area.
A master plan is required prior to any significant
land altering that details full development of the
Tukwila South Master Plan Area infrastructure with its
commercial or light industrial uses and open space
network areas. The master plan shall address: the
multiple issues of hillside, wetland and watercourse
preservation and impact mitigation, in accordance with
Tukwila policies; protection of fish and wildlife habitat;
appropriate flood protection and shoreline policies and
guidelines; and the realignment of 57th Avenue South
to maximize parcel size and to coordinate with the
overall development plan.
(Ord. 1758 §1(part), 1995)
Page 18 -64
December 4, 1995
TITLE 18 — ZONING
18.40.080 Basic development standards.
Development within the Tukwila Valley South
district shall conform to the following listed and
referenced standards:
TVS BASIC DEVELOPMENT STANDARDS
Lot area per unit (multi-
family), minimum
2,000 sq. ft.
Setbacks to yards,
minimum
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
• Rear
5 feet
• Rear, if adjacent to
LDR, MDR, HDR
— 1st floor
10 feet
— 2nd floor
20 feet
— 3rd floor
30 feet
Height, maximum
115 feet
Landscape requirements
(minimum):
See Landscape, Recreation,
Recycling/Solid Waste
Space requirements chapter
for further requirements
• Fronts
15 feet
Required landscaping may
include a mix of plant
materials, pedestrian
amenities and features,
outdoor cafe -type seating
and similar features, subject
to approval.
• Sides
None
• Sides - if adjacent LDR,
MDR, or HDR
10 feet
• Rear
None
• Rear - if adjacent LDR,
MDR, or HDR
10 feet
Recreation space
200 sq. ft. per dwelling unit,
1 ,000 sq. ft. min.
Off Street Parking
• Residential
2 per dwelling unit
• Office
2.5 per 1,000 sq. ft.
gross floor area min.
• Retail
4 per 1.000 sq. ft.
gross floor area min.
• Warehouse /industrial
1 per 1,000 sq. ft.
gross floor area min.
• Other Uses
See Off - street Parking &
Loading Regulations chapter
Performance Standards: Use, activity and operations
within a structure or a site shall comply with (1) standards
adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2)
Tukwila Municipal Code, Ch. 8.22, "Noise ", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act,
RCW, Ch.. 43.21C, shall be evaluated to determine
whether adverse environmental impacts have been
adequately mitigated.
(Ord. 1758 §1(part), 1995)
December 4, 1995
Page 18-65
TUKWILA MUNICIPAL CODE
Chapter 18.42
PUBLIC RECREATION OVERLAY
Sections:
18.42.010
18.42.020
18.42.030
Purpose.
Permitted uses.
Basic development standards.
18.42.010 Purpose.
This district implements the Public Recreation
Comprehensive Plan designation, which is intended to
reserve certain areas owned or controlled by a public
or quasi - public agency for either passive or active
public recreation use. As an overlay district, the PRO
district may be combined with any other district
established by this Title, and the provisions of this
Chapter shall be in addition to the provision for the
underlying district.
(Ord. 1758 §1(part), 1995)
18.42.020 Permitted uses.
The following uses are permitted outright within
the PRO district, subject to compliance with all other
applicable requirements of the Tukwila Municipal
Code.
(1) Public parks, trails, picnic areas and
playgrounds, but not including amusement parks, golf
courses, or commercial recreation.
(2) Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
(3) Schools, preschools, elementary, junior,
and senior high schools (public).
(Ord. 1758 §1(part), 1995)
18.42.030 Basic development standards.
Development standards for the PRO district shall be
as specified by this Title for the underlying district.
(Ord. 1758 §1(part), 1995)
Sections:
18.44.010
18.44.020
18.44.030
18.44.040
18.44.050
18.44.060
18.44.070
18.44.080
18.44.090
18.44.100
18.44.110
18.44.120
18.44.130
18.44.140
18.44.150
18.44.160
18.44.170
Chapter 18.44
SHORELINE OVERLAY
Purpose and definition.
Shoreline environment designation.
Principally permitted uses.
Accessory uses.
Conditional uses.
Height, yard and area regulations.
Parking regulations.
Shoreline substantial development permit
required.
Application procedure.
Review of application.
General shoreline regulations.
Shoreline overlay — Management
environments.
Specific shoreline regulations — River
environment.
Specific shoreline regulations — Low impact
environment.
Specific shoreline regulations — High impact
environment.
Variances.
Appeals.
18.44.010 Purpose and definition.
The purpose of this chapter is to implement the
Shoreline Management Act of 1971, as amended
(referred to in this chapter as "Shoreline Act ") and the
rules and regulations thereunder (referred to in this
chapter as "shoreline regulations "), as codified in the
Washington Administrative Code; and to provide for
the regulation of development which affect those areas
of the City under the jurisdiction of the Shoreline Act.
(Ord. 1758 §1(part), 1995)
18.44.020 Shoreline environment designation.
All shorelines within the City are designated
"urban."
(Ord. 1758 §1(part), 1995)
18.44.030 Principally permitted uses.
The shoreline (S) overlay district is an overlay
zone which allows the uses permitted in the
underlying zoning district, while being consistent with
all additional dimensional and aesthetic requirements
of this chapter.
(Ord. 1758 §1(part), 1995)
18.44.040 Accessory uses.
The shoreline overlay district is an overlay zone
which allows the accessory uses permitted in the
underlying zone district, while being consistent with
all additional dimensional and aesthetic requirements
of this chapter.
(Ord. 1758 §1(part), 1995)
Page 18-66 December 4, 1995
TITLE 18 — ZONING
18.44.050 Conditional uses.
The shoreline overlay district is an overlay zone
which allows the conditional uses specified in the
underlying zone district, while being consistent with
all additional dimensional and aesthetic requirements
of this chapter. • Conditional uses shall be processed in
accordance with the shoreline regulations and the
Conditional Use Permits chapter of this title.
(Ord. 1758 §1(part), 1995)
18.44.060 Height, yard and area regulations.
All setbacks shall be as provided in the underlying
zoning district, except as may otherwise be specified in
this chapter.
(Ord. 1758 §1(part), 1995)
18.44.070 Parking regulations.
Parking shall be required as specified in the
underlying zone district.
(Ord. 1758 §1(part), 1995)
18.44.080 Shoreline substantial development
permit required.
Any substantial development as defined in the
Shoreline Act within 200 feet of any shoreline of the
State located within the City which is not exempt by
the Shoreline Act or shoreline regulations, must
receive a shoreline substantial development permit
prior to the issuance of any local permits by the City.
(Ord. 1758 §1(part), 1995)
18.44.090 Application procedure.
All applications for a shoreline substantial
development permit shall be submitted to the DCD on
the forms and in the manner prescribed by that
department and consistent with the Shoreline Act and
the shoreline regulations. All applications shall include
a landscape plan.
(Ord. 1758 §1(part), 1995)
18.44.100 Review of application.
The Director shall have the authority to review
and approve, approve with modifications, or deny all
shoreline substantial development permit applications.
At the discretion of the Director, a public hearing may
be scheduled before the Planning Commission when
either a request for public hearing has been filed with
the City during the local review period of the subject
permit application, or the Director determines that there
is sufficient reason to open the review process to
further public input.
In approving, approving with modifications, or
denying a shoreline substantial development permit
application, the Director shall use the guidance
provided in the goals and policies of the City's
shoreline master program as well as the additional
requirements of this chapter and related references.
(Ord. 1758 §1(part), 1995)
18.44.110 General shoreline regulations.
All uses within the shoreline overlay district must
conform to the following general regulations:
(1) The use is in conformance with the
regulations of the underlying zone district;
(2) The use does not conflict with the goals
and policies of the shoreline master program or the
provisions of the Shoreline Act and shoreline
regulations;
(3) No structures or accessory facilities shall
be located over the river unless such structure protects
or promotes the public interest;
(4) There shall be no disruption of existing
trees or vegetation within the river environment
unless necessary for public safety or flood control, or if
allowed as a part of an approved shoreline substantial
development permit;
(5) No effluent shall be discharged into the
Green River which exceeds the water quality
classification as established by the State for the adjacent
portion of the river;
(6) All State and federal water quality
regulations shall be strictly complied with;
(7) Wildlife habitat in and along the river
should be protected;
(8) All perimeters of landfills or other land
forms susceptible to erosion shall be provided with
vegetation, retaining walls or other satisfactory
mechanisms for erosion prevention;
(9) All necessary permits shall be obtained
from federal, State, County or municipal agencies;
(10) Dredging for purposes other than for
navigational improvements or flood control is
prohibited;
(1 1) Mining is prohibited along the river
shoreline;
(12) Solid waste disposal is prohibited along
the river shoreline;
(13) No property will be acquired for public
use without dedication by or just compensation to the
owner;
(14) Landfilling is prohibited within the river
channel unless such landfill is determined by the
Planning Commission to protect or promote the public
interest.
(Ord. 1758 §1(part), 1995)
18.44.120 Shoreline overlay — management
environments.
Within the shoreline overlay district, there are the
following three management environment
designations depending on their distance from the
mean high water mark (see Figure 18 -1):
(1) River environment. The area between the
mean high water mark and the low impact
environment, having the most environmentally
protective land use regulations;
December 4, 1995 Page 18-67
TUKWILA MUNICIPAL CODE
(2) Low impact environment. The area
between the river environment and 100 feet from the
mean high water mark;
(3) High impact environment. The area
between 100 feet and 200 feet from the mean high
water mark having the least environmentally
protective land use regulations. It is intended that this
area be aesthetically and architecturally oriented to the
low impact environment.
(Ord. 1758 §1(part), 1995)
18.44.130 Specific shoreline regulations — river
environment.
(1) The river environment shall consist of a
40 -foot wide management zone as measured on a
horizontal plane from the mean high water mark, and
shall contain no uses or structures other than the
following:
(A) Public and /or private footpaths or
trails;
(B) Recreation facilities such as benches,
tables, viewpoints, and picnic shelters, provided no
such facility shall exceed 15 feet in height;
(C) Support facilities for pollution control
such as runoff ponds and filter systems, provided they
are at or below grade;
(D) Information and direction signs
conforming to the underlying zoning district;
(E) Diking for bank stabilization, erosion
control, and flood control purposes;
(F) Bridges;
(G) Fire lanes and dike maintenance
roads;
(H) Plaza connectors between buildings
and dikes, not exceeding the height of the dike, are
permitted for the purpose of providing and enhancing
pedestrian access along the river and for landscaping
purposes.
(2) River environment uses shall conform to
the following standards:
(A) Access roads, parking or storage areas,
the closest edge of which shall be a minimum of 40
feet from the mean high water mark;
(B) The centerline of railroad lead tracks
shall be located no closer than 40 feet from the mean
high water mark, except where the railroad lead track
is bridging the river;
(C) Where the riverbank has been
reconstructed, it shall be landscaped with suitable plant
material consistent with flood control measures to
include large hardy shade or fruit trees, at maximum of
30 feet on center, such as maple, alder, poplar,
cottonwood, sycamore, willow, oak, beech, walnut,
ash and birch, or other species approved by the
Director. In addition, at least one of the following
Landscape materials shall be used:
(i) Live groundcover at a maximum
of 18 inches on center,
(ii) Natural grass,
(iii) Addition to the existing natural
vegetation where appropriate;
(D) Facilities such as pumps, pipes, etc.,
shall be suitably screened with hardy plant material;
(E) Utility easements where necessary
shall be landscaped with live groundcover or natural
grass cover.
(Ord. 1758 §1(part), 1995)
18.44.140 Specific use regulations — low impact
environment.
(1) The low impact environment shall contain
no uses other than those allowed in the river
environment and the following:
(A) Structures not to exceed 35 feet in
height, excluding utility towers;
(B) Parking/loading and storage facilities
adequately screened or landscaped;
(C) Railroad lead and spur trackage or
public or private roads;
(D) Utilities, including towers;
(E) Signs not to exceed regulations of the
underlying zoning district sign code.
(2) Low impact environment uses shall
conform to the following standards:
(A) Structures shall be sited and
appropriately landscaped in accordance with
underlying zoning regulations;
(B) Access roads shall be located no closer
than ten feet to buildings, spur tracks or parking/loading
and storage facilities, and the effective setback area shall
be suitably landscaped. This shall not prohibit ingress
and egress points between an access road and the
described facilities;
(C) Parking, loading, and storage facilities
shall be appropriately screened from the river with:
(i) A solid evergreen screen of a
minimum six -foot height, or
(ii) Decorative fence six feet high.
(Note: Chain link fence shall be slatted and planted
with ivy or other trailing vine except where a safety
hazard may exist.), or
(iii) Large hardy shade or fruit trees
such as maple, alder, poplar, cottonwood, sycamore,
willow, oak, beech, walnut, ash, birch or other species
approved by the Director at a maximum of 30 feet on
center, or
(iv) Earth berms at a minimum of four
feet high, suitably planted with live groundcover or
natural grass;
(D) Railroad lead trackage shall be no
closer than 15 feet to parking /loading and storage
facilities, and shall be suitably landscaped.
(Ord. 1758 §1(part), 1995)
Page 18-68 December 4, 1995
200'
Urban environment
100' 60' 40'
PNer nvIronmer*,
Mean High
Water Mark
fft-L
111111 111111
iniiiiiiiu OHliiiiiiiIlHH
200'
Urban environment
40' 60' 100'
aim
duo
11111 - 111111
Hill
Not To 5cal e
Citu of Tukwila
Shoreline:
Management environments
F Iqure 18 -1
TITLE 18 — ZONING
18.44.150 Specific use regulations — high impact
environment.
All uses allowed in the underlying zoning district
shall be allowed in the high impact environment.
(Ord. 1758 §1(part), 1995)
18.44.160 V
Variances
Adjustment
regulations.
ariances.
shall be processed by the Board of
in accordance with the shoreline
(Ord. 1758 §1(part), 1995)
18.44.170 Appeals.
Appeals of any decision regarding granting or denial
on shoreline substantial development permits may be
appealed pursuant to the appeal procedure as set forth
in the shoreline regulations.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-69
TUKWILA MUNICIPAL CODE
Chapter 18.45
SENSITIVE AREAS OVERLAY
Sections:
18.45.010 Purpose.
18.45.020 Sensitive area designation, rating
methodologies, classifications and
applicability.
18.45.030 Interpretation.
18.45.040 Sensitive area buffers.
18.45.060 Procedures.
18.45.080 Uses and standards.
18.45.090 Sensitive areas tracts.
18.45.115 Exceptions.
18.45.120 Variances.
18.45.125 Appeals.
18.45.130 Recording required.
18.45.135 Assurance device.
18.45.140 Assessment relief.
18.45.010 Purpose.
(a) The purpose of the Sensitive Areas Overlay
district is to establish special standards for the use and
development of lands based on the existence of natural
conditions thereon in order to protect environmentally
sensitive areas, including the natural character of
Tukwila's wooded hillsides.
(b) Standards are hereby established to meet the
following goals of protecting environmentally sensitive
areas:
(1) Minimize developmental impacts on the
natural functions and values of these areas.
(2) Protect quantity and quality of water
resources.
(3) Minimize turbidity and pollution of
wetlands and fish - bearing waters and maintain wildlife
habitat.
(4) Prevent erosion and the loss of slope and
soil stability caused by the removal of trees, shrubs,
and root systems of vegetative cover.
(5) Protect the public against avoidable losses,
public emergency rescue and relief operations cost, and
subsidy cost of public mitigation from landslide,
subsidence, erosion and flooding.
(6) Protect the community's aesthetic
resources and distinctive features of natural lands and
wooded hillsides.
(7) Prevent unlawful disturbance of
archaeologic or geologic sites with historic or prehistoric
artifacts.
(8) Balance the private rights of individual
property owners with the preservation of envi-
ronmentally sensitive areas.
(9) Prevent the loss of wetland and
watercourse function and acreage, and strive for a gain
over present conditions.
(Ord. 1758 §1(part), 1995)
18.45.020 Sensitive area designation — rating
methodologies — classifications and applicability.
(a) Applicability— This chapter applies to any use
or development proposed on any legal lot of record,
any portion of which is a sensitive area or a sensitive
area buffer as defined in the Definitions chapter of this
title, and specifically including one or more of the
following and their buffers:
(1) Abandoned coal mines;
(2) Areas of potential geologic instability: Class
2, 3, 4 and seismic instability areas (as defined in the
Definitions chapter of this title and subsection (e) of this
section);
(3) Wetlands;
(4) Watercourses;
(5) Areas that contain archaeological remnants
of value to the archaeological research community,
which includes but is not limited to colleges,
universities or societies of professional archaeologists,
or which is designated as important to save as a record
of the area's past by the State Office of Archaeology and
Historic Preservation.
(b) Sensitive Areas Maps and Inventories
(1) The distribution of many sensitive areas in
Tukwila is displayed on the Sensitive Areas Maps,
dated 1990, and on file with the Department of
Community Development (DCD).
(2) Studies, preliminary inventories and
ratings of potential sensitive areas are on file with the
DCD in the Sensitive Areas Notebook, dated May 1990.
(3) The maps and preliminary inventories and
ratings are hereby adopted by reference. The actual
presence or absence of sensitive areas as defined by or
otherwise referred to in this chapter and as determined
by the City will govern. The actual ratings and buffers
for any sensitive area will be determined by the City
using the methodologies and procedures provided in
this chapter for each type of sensitive area.
(4) All revisions, updates and reprinting of
sensitive areas maps, inventories, ratings and buffers
shall conform to this chapter.
(c) Wetlands — For the purposes of this chapter,
"wetlands" is defined in the Definitions chapter of this
title. A wetland boundary is the line delineating the
outer edge of a wetland established by using the 1987
manual in use on January 1, 1995 by the U.S.
Environmental Protection Agency, and the U.S. Army
Corps of Engineers.
Wetland types and rating criteria are listed below:
(1) Type 1 wetlands, those wetlands which
meet any of the following criteria:
(A) The presence of species listed by the
federal government or State as endangered or threat-
ened, or the presence of critical or outstanding actual
habitat for those species,
(B) Having 40% to 60% permanent open
water in dispersed patches with two or more classes of
vegetation,
Page 18-70 December 4, 1995
TITLE 18 — ZONING
(C) Equal to or greater than five acres in
size and having three or more wetland classes, one of
which may be substituted by permanent or open
water; or
(2) Type 2 wetlands, those wetlands which
meet any of the following criteria:
(A) Greater than one acre in size,
(B) Equal to or less than one acre in size
and having three or more wetland classes,
(C) Equal to or less than one acre, that
have a forested wetland class comprised of at least 20%
coverage of total surface area, or
(D) The presence of heron rookeries or
raptor nesting trees,
(E) The presence of native plant associa-
tions of infrequent occurrence;
(3) Type 3 wetlands, those wetlands which
are equal to or less than one acre in size and that have
two or fewer wetland classes.
For the purposes of this section, the U.S. Fish
and Wildlife Service's "Classification of Wetlands and
Deepwater Habitats of the United States FWS /OBS-
79/31" (Cowardin et al., 1979), contains the descrip-
tions of wetland classes and subclasses.
(d) Watercourses — For the purposes of this chap-
ter, "watercourses" is defined in the Definitions chapter
of this title. The City "Watercourse Study" (1 990)
includes the methodology and criteria that will be used
for determining watercourse ratings.
Watercourse ratings are based on the existing
habitat functions. Each segment or reach of a water-
course is rated individually. The rating system will
score a reach point total for each side of the water-
course. Watercourse types, rating scores and rating
criteria are described below.
(1) Watercourse Types and Rating Scores.
(A) Type 1 watercourse, 21 to 33 points;
(B) Type 2 watercourse, 11 to 20 points;
(C) Type 3 watercourse, 3 to 10 points;
(2) Watercourse Rating Criteria.
(A) Instream Features.
(i) Width of watercourse: A measure
of the average width of the channel at the ordinary
high water mark.
(ii) Channel capacity: Quantifies the
ability of the channel to convey high flows without
flooding.
(iii) Channel stability: Measures the
stability of the channel by evaluating evidence of bank
failure, scour, and downcutting.
(iv) Fish use and fish habitat:
Anadromous species and resident salmonid need pro-
tection measures if present. Rating depends on the
number of different types of habitat present.
(B) Corridor Quality.
(i) Width of unmaintained vegetation:
A measure of the width of unmaintained vegetation
from the ordinary high water mark.
(ii) Vegetation diversity: Quantifies
the elements of terrestrial habitat associated with the
watercourse corridor.
(iii) Corridor barrier function: Provides
some measure of effectiveness of the buffer to limit
intrusion and disturbance.
(iv) Surrounding land use: Evaluation
of the land use immediately outside the vegetated
corridor.
(e) Areas of Potential Geologic Instability —
Areas of potential geologic instability are defined in the
Definitions chapter of this title, and are classified as
follows:
(1) Class 1 areas, where landslide potential is
low, and which slope is less than 20 %;
(2) Class 2 areas, where landslide potential is
moderate, which slope is between 20% and 40 %, and
which are underlain by relatively permeable soils;
(3) Class 3 areas, where landslide potential is
high, which include areas sloping between 20% and
40 %, and which are underlain by relatively
impermeable soils or by bedrock, and which also
include all areas sloping more steeply than 40 %;
(4) Class 4 areas, where landslide potential is
very high, which include sloping areas with mappable
zones of groundwater seepage, and which also include
existing mappable landslide deposits regardless of
slope;
(5) Areas of potential seismic instability, with
soft soils, loose sand and a shallow groundwater table.
(f) Sensitive Areas Special Studies
(1) Required. An applicant for a development
proposal that includes sensitive areas shall submit
those studies as required by the City to adequately
identify and evaluate the sensitive area and its buffers.
(2) Waiver. If there is agreement between the
Director and the applicant concerning the sensitive area
classification and type, the Director may waive the
requirement for sensitive area studies. There must be
substantial evidence that the sensitive areas
classification is correct, that there will be no detrimental
impact to the sensitive areas or buffers, and that the
goals, purposes, objectives and requirements of this
chapter will be followed.
(3) Review of Studies. The DCD will review
the information submitted in the sensitive area studies
to verify the information, confirm the nature and type
of the sensitive area, and ensure the study is consistent
with this chapter.
(g) When this chapter imposes greater restrictions
or higher standards upon the development or use of
land than other laws, ordinances or restrictive
covenants, the provisions of this chapter shall prevail.
(h) All other relevant standards of this Code must
also be met.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-71
TUKWILA MUNICIPAL CODE
18.45.030 Interpretation.
The provisions of this chapter shall be held to be
minimum requirements in their interpretation and
application and shall be liberally construed to serve the
purposes of this chapter.
(Ord. 1758 §1(part), 1995)
18.45.040 Sensitive area buffers.
(a) General.
(1) Any land alteration must be located out of
the buffer areas as required by this section. Buffers in
general are intended to:
(A) Minimize long -term impacts of devel-
opment on properties containing sensitive areas;
(B) Protect sensitive areas from adverse
impacts during development;
(C) Preserve the edge of the sensitive area
for its critical habitat value; and
(D) Prevent loading of potentially unstable
slope formations.
Land alteration is permitted for public
access, supplemental planting and approved land uses
as provided in Section 18.45.080.
An undisturbed sensitive area or buffer
may substitute for the yard setback and landscape
requirements of the Supplemental Development
Regulations chapter and the Landscape, Recreation,
Recycling /Solid Waste Space Requirements chapter of
this title.
(2) Wetland and watercourse buffers are
intended to:
(A) Provide shading to maintain stable
water temperatures and vegetative cover for additional
wildlife habitat;
(B) Provide input of organic debris, and
uptake of nutrients;
(C) Provide an area to stabilize banks, to
absorb overflow during high water events, and to
allow for slight variation of aquatic system boundaries
over time due to hydrologic or climatic effects;
(D) Reduce erosion and increased surface
water runoff;
(E) Reduce loss of or damage to property;
(F) Intercept fine sediments from surface
water runoff and serve to minimize water quality
impacts;
(G) Preserve the edge for its habitat value;
and
(H) Protect the sensitive area from human
and domestic animal disturbance.
(3) Buffers for areas of potential geologic
instability are intended to:
(A) Protect slope stability;
(B) Provide erosion control and attenua-
tion of precipitation surface water and stormwater
runoff;
(C) Reduce loss of or damage to property;
and
(D) Preserve the natural character of
wooded hillsides where they exist.
(b) Special Buffer Studies — Applicants for a use
or development on a legal lot of record within a sensi-
tive area maximum buffer shall be required to conduct
a sensitive area study to provide a buffer analysis for
the sensitive area. This study may be waived by the
Director pursuant to Section 18.45.020(f)(2).
(c) Ratings and Buffer Width — Ratings and
appropriate buffers for wetlands and watercourses are
listed below.
(1) For wetlands:
(A) Type 1, 100- foot -wide buffer;
(B) Type 2, 50- foot -wide buffer;
(C) Type 3, 25- foot -wide buffer.
(2) For watercourses, the buffer shall be as
follows:
(A) Type 1, 70- foot -wide buffer;
(B) Type 2, 35- foot -wide buffer;
(C) Type 3, 15- foot -wide buffer;
(3) Setbacks.
(A) All commercial and industrial devel-
opments shall be set back 15 feet and all residential
development shall be set back ten feet. This setback
shall be measured from the foundation to the buffer's
edge.
(B) The Director may waive set back
requirements when a site plan demonstrates there
will be no impacts to the buffer zone. (See Figure 18 -2.)
(4) Variation of Standard or Creation of Variable
Width Wetland /Watercourse Buffers.
(A) The Director may reduce the standard
wetland /watercourse buffers on a case -by -case basis,
provided the buffer does not contain slopes 20% or
greater. The approved buffer width shall not result in
greater than a 50% reduction in width, and the reduced
buffer shall not be less than 15 feet for wetlands and
ten feet for watercourses. Any buffer reduction
proposal must demonstrate to the satisfaction of the
Director that it will not result in direct or indirect, short -
term or Long -term adverse impacts to wetlands or
watercourses, and that:
(i) The buffer is vegetated and
includes an enhancement plan as may be required to
improve the buffer function and value; or
(ii) If there is no significant vegetation
in the buffer, a buffer may be reduced only if an
enhancement plan is provided. The plan must include
using a variety of native vegetation that improves the
functional attributes of the buffer and provides addi-
tional protection for the wetland or watercourse func -
tions and values.
(B) Buffers for all types of wetlands and
watercourses will be increased when they are deter-
mined to be particularly sensitive to disturbance or the
proposed development will create unusually adverse
impacts. Any increase in the width of the buffer shall
be required only after completion of a wetland or wa-
Page 18 -72
December 4, 1995
TITLE 18 — ZONING
tercourse study by a qualified wetlands specialist or
expert which documents the basis for such increased
width. An increase in buffer width may be appropriate
when:
(i) The development proposal has the
demonstrated potential for significant adverse impacts
upon the wetland or watercourse which can be miti-
gated by an increased buffer width; or
(ii) The area serves as habitat for
endangered, threatened, sensitive or monitor species
listed by the federal government or the State.
(C) Every reasonable effort shall be made
to maintain the existing viable plant life in the buffers.
Vegetation may be removed from the buffer as part of
an enhancement plan approved by the Director.
Enhancements will ensure that slope stability and wet-
land and watercourse quality will be maintained or
improved. Any disturbance of the buffers for wetlands
or watercourses shall be replanted with a diverse plant
community of native northwest species that are appro-
priate for the specific site as determined by the Director.
If the vegetation must be removed, or
because of the alterations of the landscape the vegeta-
tion becomes damaged or dies, then the applicant for a
permit must replace existing vegetation along wetlands
and watercourses with comparable specimens,
approved by the Director, which will reproduce the
existing buffer value within five years.
(D) The Director shall require subsequent
corrective actions and long -term monitoring of the
project if adverse impacts to regulated wetlands,
watercourses or their buffers are identified.
(d) Areas of Potential Geologic Instability
(1) Each development proposal for a legal lot of
record containing an area of potential geologic instability
shall be subject to a geotechnical report pursuant to the
requirements of Sections 18.45.060 and
18.45.080(e)(4). The geotechnical report shall analyze
and make recommendations on the need for and
width of any buffers necessary to achieve the goals and
requirements of this chapter. Development proposals
shall then include the buffer distances as defined
within the geotechnical report.
(2) Buffers may be increased by the Director
when an area is determined to be particularly sensitive
to the disturbance created by a development. Such a
decision will be based on a City review of the report as
prepared by a qualified geotechnical consultant and by a
site visit.
(Ord. 1758 §1(part), 1995)
18.45.060 Procedures.
When an applicant submits an application for any
building permit, subdivision, short subdivision or any
other land use review which approves a use, devel-
opment or future construction, the location of any sen-
sitive areas and buffers on the site shall be indicated on
the plans submitted. When a sensitive area is identi-
fled, the following procedures apply. The Director may
waive item numbers 1, 2, 4 and 5 of the following if
the size and complexity of the project does not warrant
that step in the procedures and the Director grants a
waiver pursuant to Section 18.45.020(f)(2).
(1) Sensitive Areas Study and Geotechnical
Report. The applicant shall submit the relevant study
as required in Section 21.04.140 and this chapter.
It is intended that sensitive areas studies and
information be utilized by applicants in preparation of
their proposals and therefore shall be undertaken early
in the design stages of a project.
(2) Planned Residential Development Permit.
Any new residential subdivision, residential short
subdivision, residential boundary line adjustment, or
multiple family residential proposal which includes a
sensitive area or its buffer on the site shall apply for a
planned residential development permit and meet the
requirements of the Planned Residential Development
District chapter of this title.
(3) Denial of Use or Development. A use or
development will be denied if it is determined by the
Director that the applicant cannot ensure that potential
dangers and costs to future inhabitants of the
development, adjacent and local properties, and
Tukwila are minimized and mitigated to an acceptable
level.
(4) Pre - development Conference. The
applicant, specialist(s) of record, contractor, and
department representatives will be required to attend
preconstruction conferences prior to any work on the
site.
(5) Construction Monitoring. The specialist(s)
of record shall be retained to monitor the site during
construction.
(6) On -site Identification. The Director may
require the boundary between a sensitive area and its
buffer and any development or use to be permanently
identified with fencing, or with a wood or metal sign
with treated wood, concrete or metal posts. Size will
be determined at the time of permitting, and wording
shall be as follows:
"Protection of this natural area is in your care.
Alteration or disturbance is prohibited pursuant to
TMC Chapter 18.45. Please call the City of
Tukwila for more information."
(Ord. 1758 §1(part), 1995)
18.45.080 Uses and standards.
(a) General Uses — The uses set forth in this
entire section, including subsections (a) through (h),
and the following general uses, may be located within
a sensitive area or buffer, subject to the provisions of
Chapter 21.04 and of this section:
(1) Maintenance and repair of existing uses
and facilities provided no alteration or additional fill
materials will be placed or heavy construction
equipment used in the sensitive area or buffer;
December 4, 1995 Page 18-73
TUKWILA MUNICIPAL CODE
(2) Nondestructive education and research;
(3) Passive recreation and open space;
(4) Maintenance and repair of essential streets,
roads, rights -of -way, or utilities;
(5) Actions to remedy the effects of
emergencies that threaten the public health, safety or
welfare.
(b) Permitted Uses Subject To Administrative
Review—The following uses may be permitted only
after administrative review and approval by the
Director:
(1) Maintenance and repair of existing uses
and facilities where alteration or additional fill materials
will be placed or heavy construction equipment used;
(2) Construction of new essential streets and
roads, rights -of -way and utilities;
(3) New surface water discharges to wetlands
or watercourses or their buffers from detention
facilities, presettlement ponds or other surface water
management structures may be allowed provided that
the discharge meets the clean water standards of RCW
90.48 and WAC 173.200 and 173.201 as amended, and
does not increase the rate of flow to the wetland or
watercourse beyond the level of the existing rate;
(4) Regional stormwater detention areas may
be allowed if use results in no decrease in rating of
resource and enhances existing values and functions.
Design shall be subject to the standards of this section
and other applicable City standards;
(5) Enhancement or other mitigation including
landscaping.
(c) Wetlands
(1) General.
(A) No use or development may occur in
a Type 1 and Type 2 wetland or its buffer except as
specifically allowed by subsections (a), (b) and (h) of
this section. Any use or development allowed is
subject to the standards of this section.
(B) Only isolated Type 3 wetlands can be
altered or relocated, and then only with the permission
of the Director. A mitigation or enhancement plan
must be developed and must comply with the
standards of compensatory mitigation required in this
chapter.
(C) Mitigation plans shall be completed for
any proposals for dredging, filling, alterations and
relocation of wetland habitat allowed in subsections (a),
(b) and (h) of this section.
(2) Compensatory Mitigation.
(A) The mitigation plan shall be developed
as part of a sensitive area study by a specialist approved
by the Director. Wetland and /or buffer alteration or
relocation may be allowed only when a mitigation
plan clearly demonstrates that the changes would be
an improvement of wetland and buffer quantitative
and qualitative functions. The plan shall follow the
performance standards of this chapter and show how
water quality, wildlife and fish habitat, and general
wetland quality would be improved.
(B) In order to achieve the City's goal of
no net loss of wetland functions and acreage, alteration
of wetlands will require the applicant to provide a
restoration, enhancement or creation plan to compen-
sate for the impacts to the wetland and will compen-
sate at a ratio of 1.5 to 1.
(C) Mitigation Location.
(i) On -site compensation shall be
provided, except where the applicant can demonstrate
that:
a. The hydrology and ecosystem
of the original wetland and those who benefit from the
hydrology and ecosystem will not be damaged by the
on -site loss; and
b. On -site compensation is not
scientifically feasible due to problems with hydrology,
soils, waves or other factors; or
c. Compensation is not practical
due to potentially adverse impact from surrounding
land uses; or
d. Existing functional values at
the site of the proposed restoration are significantly
greater than lost wetland functional values; or
e. That established regional goals
for flood storage, flood conveyance, habitat or other
wetland functions have been established and strongly
justify location of compensatory measures at another
site.
(ii) Off -site compensation shall occur
within the same watershed where the wetland loss
occurred.
(iii) In selecting compensation sites,
applicants shall pursue siting in the following order of
preference:
a. Upland sites which were for-
merly wetlands;
b. Idled upland sites generally
having bare ground or vegetative cover consisting
primarily of exotic introduced species, weeds or
emergent vegetation;
c. Other disturbed upland.
(D) Mitigation Standards. The scope and
content of a mitigation plan shall be decided on a case -
by -case basis. As the impacts to the sensitive area
increase, the mitigation measures to offset these
impacts will increase in number and complexity. The
components of a complete wetlands mitigation plan are
as follows:
(i) Baseline information of quantita-
tive data collection or a review and synthesis of exist-
ing data for both the project impact zone and the
proposed mitigation site;
(ii) Environmental goals and objec-
tives that describe the purposes of the mitigation
measures. This should include a description of site-
Page 18-74 December 4, 1995
TITLE 18 — ZONING
selection criteria, identification of target evaluation
species and resource functions;
(iii) Performance standards of the spe-
cific criteria for fulfilling environmental goals, and for
beginning remedial action or contingency measures.
They may include water quality standards, species
richness and diversity targets, habitat diversity indices,
or other ecological, geological or hydrological criteria;
(iv) Detailed construction plan of the
written specifications and descriptions of mitigation
techniques. This plan should include the proposed
construction sequence and construction management,
and be accompanied by detained site diagrams and
blueprints that are an integral requirement of any
development proposal;
(v) Monitoring and /or evaluation pro-
gram that outlines the approach for assessing a
completed project. An outline shall be included that
spells out how the monitoring data will be evaluated
by agencies that are tracking the mitigation project's
progress;
(vi) Contingency plan identifying
potential courses of action, and any corrective
measures to be taken when monitoring or evaluation
indicates project performance standards have not been
me t;
(vii) Performance security or other
assurance devices as described in Section 18.45.135.
(E) Mitigation Timing. Where feasible,
compensatory mitigation projects shall be completed
prior to activities that will permanently disturb wet-
lands and immediately after activities that will
temporarily disturb wetlands. Construction of com-
pensatory projects shall be timed to reduce impacts to
existing wildlife, flora and water quality, and shall be
completed prior to use or occupancy of the activity or
development.
(3) Essential Utilities.
(A) Essential utilities must be constructed
to minimize or, where possible, avoid wetland distur-
bance.
(B) All construction must be designed to
protect the wetland and its buffer against erosion,
uncontrolled drainage, restriction of groundwater
movement, slides, pollution, habitat disturbance, any
loss of flood carrying and storage capacity, and excava-
tion or fill detrimental to the environment.
(C) Upon completion of installation of
essential utilities, wetlands must be restored to pre -
project configuration, replanted as required and
provided with maintenance care until newly planted
vegetation is established.
(D) All crossings must be designed for
shared facilities in order to minimize adverse impacts
and reduce the number of crossings.
(4) Essential Streets, Roads and Rights-of-Way.
(A) Essential streets, roads and rights -of-
way must be designed and maintained to prevent
erosion and avoid restricting the natural movement of
groundwater.
(B) Essential streets, roads and rights -of-
way must be located to conform to the topography so
that minimum alteration of natural conditions is neces-
sary. The number of crossings shall be limited to those
necessary to provide essential access.
(C) Essential streets, roads and rights -of-
way must be constructed in a way which does not
adversely affect the hydrologic quality of the wetland
or interrelated stream habitat. Where feasible, crossings
must allow for combination with other essential
utilities.
(D) Upon completion of construction, the
area affected must be restored to an appropriate grade,
replanted according to a plan approved by the Director,
and provided with care until newly - planted vegetation
is established.
(5) Public Use and Access.
(A) Public access shall be limited to trails,
boardwalks, covered or uncovered viewing or seating
areas and displays, and must be located in areas which
have the lowest sensitivity to human disturbance or
alteration, and
(B) Public access must be specifically
developed for interpretive, educational or research
purposes by, or in cooperation with, the City or as part
of the adopted Tukwila Parks and Open Space Plan.
(C) No motorized vehicle is allowed
within a wetland or its buffer except as required for
necessary maintenance, agricultural management or
security.
(D) Any public access or interpretive
displays developed in a wetland and its buffer must, to
the extent possible, be connected with a park,
recreation or open -space area.
(E) Vegetative edges, structural barriers,
signs or other measures must be provided wherever
necessary to protect sensitive areas by limiting access
to designated public use or interpretive areas.
(F) Access trails must incorporate design
features and materials which protect water quality and
allow adequate surface water and groundwater
movement.
(G) Access trails must be located where
they do not disturb nesting, breeding, and rearing areas
and buffer areas, and must be designed so that sensitive
plant and critical wildlife species are protected.
(6) Dredging, Digging or Filling.
(A) Dredging, digging or filling within a
wetland and its buffer may occur only with the per-
mission of the Director and only for the following
purposes:
(i) Uses permitted by subsections (a),
(b) and (h) of this section; or
(ii) Maintenance of an existing wet-
land; or
December 4, 1995 Page 18-75
TUKWILA MUNICIPAL CODE
(iii) Enhancement or restoration of
habitat in conformance with an approved mitigation
plan identified in a sensitive area study; or
(iv) Natural system interpretation,
education or research when undertaken by, or in
cooperation with, the City; or
(v) Flood control or water quality
enhancement by the City; or
(vi) Maintenance of existing water
quality controls, for normal maintenance needs and for
any diversion, rerouting, piping or other alteration
permitted by this chapter.
(B) Any dredging, digging or filling shall be
performed in a manner which will minimize sedi-
mentation in the water. Every effort will be made to
perform such work at the time of year when the
impact can be lessened.
(C) Upon completion of construction, the
area affected must be restored to an appropriate grade,
replanted according to a plan approved by the Director
and provided with care until newly - planted vegetation
is established.
(d) Watercourses
(1) General.
(A) No use or development may occur in
a watercourse or its buffer except as specifically
allowed by this section. Any use or development
allowed is subject to the standards of this section.
(B) Diverting or rerouting may only occur
with the permission of the Director and an approved
mitigation plan.
(C) Any watercourse which has critical
wildlife habitat, or is necessary for the life cycle or
spawning of salmonids, shall not be rerouted unless it
can be shown that the habitat will be improved for the
benefit of the species.
(D) Any watercourse which has no criti-
cal wildlife habitat may be rerouted if the waters
flowing from the new configuration can be shown to
do so in a manner that does not in any way adversely
affect the habitat of a downstream salmonid- bearing
water.
(2) Mitigation.
(A) Plans. Mitigation plans shall be com-
pleted for any proposals of dredging, filling, diverting
and rerouting of watercourses.
(B) Plan Contents. The mitigation plan
shall be developed as part of a sensitive area study by a
specialist approved by the Director. The plan must
show how water quality, treatment, erosion control,
pollution reduction, wildlife and fish habitat, and
general watercourse quality would be maintained or
improved. All such plans must be approved by the
Director.
(C) Mitigation Standards. The scope and
content of a mitigation plan shall be decided on a case -
by -case basis. As the impacts to the sensitive area
increase, the mitigation measures to offset these
impacts will increase in number and complexity. The
components of a complete mitigation plan are as
follows:
(i) Baseline information of
quantitative data collection or a review and synthesis of
existing data for both the project impact zone and the
proposed mitigation site;
(ii) Environmental goals and
objectives that describe the purposes of the mitigation
measures. This should include a description of site -
selection criteria, identification of target evaluation
species and resource functions;
(iii) Performance standards of the
specific criteria for fulfilling environmental goals, and
for beginning remedial action or contingency
measures. They may include water quality standards,
species richness and diversity targets, habitat diversity
indices, or other ecological, geological or hydrological
criteria. The following shall be considered the
minimum performance standards for approved stream
alterations:
a. Maintenance or improvement
of stream channel dimensions, including the
components of depth, width, length and gradient of the
original location,
b. Bank and buffer configuration
should be restored to an equal or enhanced state of the
original stream,
c. The channel, bank and buffer
areas shall be replanted with native vegetation which
replicates or improves the original in species, sizes and
densities,
d. The stream channel bed and
the biofiltration systems shall be equivalent to or better
than in the original stream,
e. The original fish and wildlife
habitat shall be maintained or enhanced,
f. Relocation of a watercourse
shall not result in the new sensitive area or buffer
extending beyond the development site and onto
adjacent property without the agreement of the affected
property owners,
g, A watercourse may be
rerouted;
(iv) Detailed construction plan of the
written specifications and descriptions of mitigation
techniques. This plan should include the proposed
construction sequence and construction management,
and be accompanied by detailed site diagrams and
blueprints that are an integral requirement of any
development proposal;
(v) Monitoring and /or evaluation
program that outlines the approach for assessing a
completed project. An outline shall be included that
spells out how the monitoring data will be evaluated
by agencies that are tracking the mitigation project's
process;
Page 18-76 December 4, 1995
TITLE 18 — ZONING
(vi) Contingency plan identifying
potential courses of action, and any corrective
measures to be taken when monitoring or evaluation
indicates project performance standards have not been
met;
(vii) Performance security or other
assurance devices as described in Section 18.45.135.
(D) Mitigation Timing. DCD- approved
plans must have the mitigation construction completed
before the existing watercourse can be modified.
(3) Essential Utilities.
(A) Essential utilities must be constructed
to minimize, or where possible avoid, disturbance of
the watercourse and its buffer.
(B) All construction must be designed to
protect the watercourse and its buffer against erosion,
uncontrolled drainage, restriction of groundwater
movement, slides, pollution, habitat disturbance, any
loss of flood carrying capacity and storage capacity, and
excavation or fill detrimental to the environment.
(C) Upon completion of installation of
essential utilities, watercourses and their buffers must
be restored to pre - project configuration, replanted as
required and provided with maintenance care until
newly planted vegetation is established.
(D) All crossings must be designed for
shared facilities in order to minimize adverse impacts
and reduce the number of crossings.
(4) Essential Streets, Roads and Rights - of-Way.
(A) Essential streets, roads and rights -of-
way must be designed and maintained to prevent
erosion and avoid restricting the natural movement of
groundwater.
(B) Essential streets, roads and rights -of-
way must be located to conform to the topography so
that minimum alteration of natural conditions is
necessary. The number of crossings shall be limited to
those necessary to provide essential access.
(C) Essential streets, roads and rights -of-
way must be constructed in a way which does not
adversely affect the hydrologic quality of the
watercourse and its buffer. Where feasible, crossings
must allow for combination with other essential
utilities.
(D) Upon completion of construction, the
area affected must be restored to an appropriate grade,
replanted according to a plan approved by the Director,
and provided with care until newly - planted vegetation
is established.
(5) Public Use and Access.
(A) Public access shall be limited to trails,
boardwalks, covered or uncovered viewing and seating
areas, and displays and must be located in areas which
have the lowest sensitivity to human disturbance or
alteration.
(B) Public access must be specifically
developed for interpretive, educational or research
purposes by, or in cooperation with, the City or as part
of the adopted Tukwila Parks and Open Space Plan.
(C) No motorized vehicle is allowed
within a watercourse or its buffer except as required
for necessary maintenance, agricultural management
or security.
(D) Any public access or interpretive dis-
plays developed along a watercourse and its buffer
must, to the extent possible, be connected with a park,
recreation or open -space area.
(E) Vegetative edges, structural barriers,
signs or other measures must be provided wherever
necessary to protect watercourses and their buffers by
limiting access to designated public use or interpretive
areas.
(F) Access trails must incorporate design
features and materials which protect water quality and
allow adequate surface water and groundwater
movement.
(G) Access trails must be located where
they do not disturb nesting, breeding and rearing areas
and must be designed so that sensitive plant and critical
wildlife species are protected.
(6) Piping.
(A) Piping of any watercourse should be
avoided. Piping may be allowed in any watercourse if
it is necessary for access purposes. Piping may be
allowed in Type 3 watercourses if the applicant com-
plies with the conditions of this section, including:
(i) Providing excess capacity to meet
needs of the system during a 100 -year flood event; and
(ii) Providing flow restrictors, and
complying with water quality and existing habitat -
enhancement procedures.
(B) No process that requires maintenance
on a regular basis will be acceptable unless this main-
tenance process is part of the regular and normal
facilities maintenance process or unless the applicant
can show funding for this maintenance is ensured.
(C) Piping in a watercourse sensitive area
shall be limited and shall require approval of the
Director. Piping projects shall be performed pursuant to
the following applicable standards:
(i) The conveyance system shall be
designed to comply with the standards in current use
and recommended by the Department of Public
Works.
(ii) Where allowed, piping shall be
limited to the shortest length possible as determined by
the Director to allow access onto a property.
(iii) Where water is piped for an access
point, those driveways or entrances shall be consoli-
dated to serve multiple properties where possible, and
to minimize the length of piping.
(iv) When required by the Director,
watercourses under drivable surfaces shall be
contained in an arch culvert using oversize or super -
span culverts for rebuilding of a stream bed. These
December 4, 1995 Page 18-77
TUKWILA MUNICIPAL CODE
shall be provided with check dams to reduce flows,
and shall be replanted and enhanced according to a plan
approved by the Director.
(v) When necessary to provide for
fish passage, fish ladders shall be I -foot vertical rise to
I0 -foot horizontal distance, or as approved by the State
Department of Fish and Wildlife.
(vi) Stormwater runoff shall be de-
tained and infiltrated to preserve the watercourse
channel's dominant discharge.
(vii) All construction shall be designed
to have the least adverse impact on the watercourse,
buffer and surrounding environment.
(viii) Piping shall be constructed during
periods of low flow, or as specified by the State
Department of Fish and Wildlife.
(ix) Water quality must be as good or
better for any water exiting the pipe as for the water
entering the pipe, and flow must be comparable.
(7) Dredging, Digging or Filling.
(A) Dredging, digging or filling within a
watercourse or its buffer may occur only with the
permission of the Director and only for the following
purposes:
(i) Uses permitted by Section
18.45.080;
(ii) Maintenance of an existing water-
course;
(iii) Enhancement or restoration of
habitat in conformance with an approved mitigation
plan identified in a sensitive area study;
(iv) Natural system interpretation,
education or research when undertaken by, or in
cooperation with, the City;
(v) Flood control or water quality
enhancement by the City;
(vi) Maintenance of existing water
quality controls, for normal maintenance needs and for
any diversion, rerouting, piping or other alteration
permitted by this chapter.
(B) Any dredging, digging or filling shall be
performed in a manner which will minimize sedi-
mentation in the water. Every effort will be made to
perform such work at the time of year when the
impact can be lessened.
(C) Upon completion of construction, the
area affected must be restored to an appropriate grade,
replanted according to a plan approved by the Director,
and provided with care until newly - planted vegetation
is established.
(e) Areas Of Potential Geologic Instability
(1) General. The uses permitted in the under-
lying zoning district may be undertaken on sites which
contain areas of potential geologic instability subject to
the standards of this section and the requirements of a
geotechnical study.
(2) Exemptions. Any temporary slope which
has been created through legal grading activities may be
regraded without application of this chapter under an
approved permit.
(3) Alterations.
(A) Prior to permitting alteration of an area
of potential geologic instability, the applicant must
demonstrate one of the following:
(i) There is no evidence of past insta-
bility or earth movement in the vicinity of the
proposed development, and quantitative analysis of
slope stability indicates no significant risk to the
proposed development or surrounding properties; or
(ii) The area of potential geologic in-
stability can be modified or the project can be designed
so that any potential impact to the project and surround-
ing properties is eliminated, slope stability is not
decreased, and the increase in surface water discharge
or sedimentation shall not decrease slope stability.
(B) Where any portion of an area of poten-
tial geologic instability is cleared for development, a
landscaping plan for the site shall include tree replanting
with an equal mix of evergreen and deciduous trees,
preferably native, and approved by the Director.
Replacement vegetation shall be sufficient to provide
erosion and stabilization protection.
(4) Geotechnical Report.
(A) The applicant shall submit a geotech-
nical report appropriate to both the site conditions and
the proposed development. A geotechnical investiga-
tion shall be required for development in Class 2, Class
3, Class 4 areas, and any areas identified as seismic or
Coal Mine Hazard Areas unless waived pursuant to
Section 18.45.020(f) (2).
(B) Geotechnical reports for Class 2 areas
shall include at a minimum a site evaluation review of
available information regarding the site and a surface
reconnaissance of the site and adjacent areas.
Subsurface exploration of site conditions is at the discre-
tion of the geotechnical consultant.
(C) Geotechnical reports for Class 3, Class
4 and Coal Mine Hazard Areas shall include a site
evaluation review of available information about the
site, a surface reconnaissance of the site and adjacent
areas, and a subsurface exploration of soils and hydrol-
ogy conditions. Detailed slope stability analysis shall be
done if the geotechnical consultant recommends it in
Class 3 or Coal Mine Hazard Areas, and must be done
in Class 4 areas.
(D) Seismic hazard areas shall include an
evaluation of site response and liquefaction potential for
the proposed development area. For one -story or two -
story single - family dwellings, this evaluation may be
based on the performance of similar structures under
similar foundation conditions. For proposed develop-
ments including occupied structures other than one-
story and two -story single - family dwellings, the eval-
uation shall include sufficient subsurface exploration to
provide a site coefficient (S) for use in the static lateral
Page 18-78 December 4, 1995
TITLE 18 — ZONING
force procedure described in the Uniform Building
Code.
(E) Applicants shall retain a geotechnical
engineer to prepare the reports and evaluations
required in this subsection. The geotechnical report
and completed site evaluation checklist shall be
prepared in accordance with the generally accepted
geotechnical practices, under the supervision of and
signed and stamped by the geotechnical engineer. The
report shall be prepared in consultation with the appro-
priate City department. Where appropriate, a geologist
must be included as part of the geotechnical consulting
team. The report shall make specific recommenda-
tions concerning development of the site.
(F) The geotechnical engineers required
under this subsection must meet the qualification stan-
dards approved by the Director. Applicants shall
provide a list of qualifications of the firm or individuals
who will be doing the technical studies, and those
shall be approved by the Director. If the engineers'
credentials are not sufficient, the City may require
applicants to use a different engineer or firm which
does meet the City's standards.
(G) The opinions and recommendations
contained in the report shall be supported by field
observations and, where appropriate or applicable, by
literature review conducted by the geotechnical
engineer which shall include appropriate explorations,
such as borings or test pits, and an analysis of soil
characteristics conducted by or under the supervision
of the engineer in accordance with standards of the
American Society of Testing and Materials or other
applicable standards. If the evaluation involves geologic
evaluations or interpretations, the report shall be
reviewed and approved by a geologist.
(H) An independent review of geotechni-
cal reports will be required per Section 21.04.140.
(5) Disclosures, Declarations and Covenants.
(A) It shall be the responsibility of the
applicant to submit, consistent with the findings of the
geotechnical report, structural plans which were pre-
pared and stamped by a structural engineer. The plans
and specifications shall be accompanied by a letter from
the geotechnical engineer who prepared the geotechni-
cal report stating that in his /her judgment, the plans
and specifications conform to the recommendations in
the geotechnical report; the risk of damage to the pro-
posed development site from soil instability will be
minimal subject to the conditions set forth in the
report; and the proposed development will not
increase the potential for soil movement.
(B) Further recommendations signed and
sealed by the geotechnical engineer shall be provided
should there be additions or exceptions to the original
recommendations based on the plans, site conditions
or other supporting data. If the geotechnical engineer
who reviews the plans and specifications is not the
same engineer who prepared the geotechnical report,
the new engineer shall, in a letter to the City accom-
panying the plans and specifications, express his or her
agreement or disagreement with the recommenda-
tions in the geotechnical report and state that the plans
and specifications conform to his or her recommenda-
tions.
(C) The architect or structural engineer
shall submit to the City, with the plans and specifica-
tions, a letter of notation on the design drawings at the
time of permit application stating that he or she has
reviewed the geotechnical report, understands its
recommendations, has explained or has had explained
to the owner the risks of loss due to slides on the site,
and has incorporated into the design the recommenda-
tions of the report and established measures to reduce
the potential risk of injury or damage that might be
caused by any earth movement predicted in the report.
(D) The applicant, or the owner of the site
if the applicant is not the owner, shall submit a letter to
the City, with the plans and specifications, stating that
he or she understands and accepts the risk of develop-
ing in an area with potential unstable soils and that he
or she will advise, in writing, any prospective
purchasers of the site, or any prospective purchasers of
structures or portions of a structure on the site, of the
slide potential of the area.
(E) The owner shall execute a covenant,
running with the land, on a form provided by the City.
The City will file the completed covenant with the
King County Department of Records and Elections at
the expense of the applicant or owner. A copy of the
recorded covenant will be forwarded to the owner.
This covenant shall include:
(i) The legal description of the prop-
erty;
(ii) A statement:
a. Explaining that the site is in an
area of potential instability,
b. Of the risks associated with
development on the site,
c. Of any conditions or prohibi-
tions on development, and
d. Of any features in this design
which will require maintenance or modification to
address anticipated soil changes;
(iii) A statement waiving any claims
the owner or his /her successors or assigns may have
against the City for any loss or damage to people or
property, either on or off the site, resulting from soil
movement arising out of the issuance of any permit(s)
authorizing development on the site;
(iv) The date of issuance and number
of the permit authorizing the development.
(6) Assurance Devices. Whenever the City
determines that the public interest would not be
served by the issuance of a permit in an area of poten-
tial geologic instability without assurance of a means of
providing for restoration of areas disturbed by, and
December 4, 1995 Page 18-79
TUKWILA MUNICIPAL CODE
repair of property damage caused by, slides arising out
of or occurring during construction, the Director may
require assurance devices pursuant to Section
18.45.135.
(7) Construction Monitoring.
(A) The applicant shall retain a geotechni-
cal engineer to monitor the site during construction.
The applicant shall preferably retain the geotechnical
engineer who prepared the final geotechnical recom-
mendations and reviewed the plans and specifications.
If a different consultant is retained by the owner, the
new geotechnical engineer shall submit a letter to the
City stating whether or not he /she agrees with the
opinions and recommendations of the original
geotechnical engineer. Further recommendations,
signed and sealed by the geotechnical engineer, and
supporting data shall be provided should there be
exceptions to the original recommendations.
(B) The geotechnical engineer shall moni-
tor, during construction, compliance with the recom-
mendations in the geotechnical report, particularly site
excavation, shoring, soil support for foundations includ-
ing piles, subdrainage installations, soil compaction and
any other geotechnical aspects of the construction.
Unless otherwise approved by the City, the specific
recommendations contained in the soils report must be
implemented by the owner. The geotechnical engi-
neer shall make written, dated monitoring reports on
the progress of the construction to the City at such
timely intervals as shall be specified. Omissions or
deviations from the approved plans and specifications
shall be immediately reported to the City. The final
construction monitoring report shall contain a statement
from the geotechnical engineer that, based upon his or
her professional opinion, site observations and testing
during the monitoring of the construction, the
completed development substantially complies with
the recommendations in the geotechnical report and
with all geotechnical- related permit requirements.
Occupancy of the project will not be approved until the
report has been reviewed and accepted by the Director.
(8) Conditioning and Denial of Use or Devel-
opments.
(A) Substantial weight shall be given to
ensuring continued slope stability and the resulting
public health, safety and welfare in determining
whether a development should be allowed.
(B) The City may impose conditions that
address site -work problems which could include, but
are not limited to, limiting all excavation and drainage
installation to the dryer season, or sequencing activities
such as installing erosion control and drainage systems
well in advance of construction. A permit will be
denied if it is determined by the Director that the
development will increase the potential of soil move-
ment that results in an unacceptable risk of damage to
the proposed development, its site or adjacent proper-
ties.
(f) Abandoned Mine Areas
(1) Development of a legal lot of record con -
taining an abandoned coal mine area may be permitted
when a geotechnical report shows that significant risks
associated with the abandoned mine workings can be
eliminated or mitigated so that the site is safe. Approval
shall be obtained from the Director before any building
or land - altering permit processes begin.
(2) Any building setback or land alteration shall
be based on the geotechnical report.
(3) The City may impose conditions that
address site -work problems which could include, but
are not limited to, limiting all excavation and drainage
installation to the dryer season, or sequencing activities
such as installing drainage systems or erosion controls
well in advance of construction. A permit will be
denied if it is determined that the development will
increase the potential of soil movement or result in an
unacceptable risk of damage to the proposed develop-
ment or adjacent properties.
(g) Areas Of Important Geological Or
Archaeological Evidence
(1) Development on a legal lot of record
determined to have historic or prehistoric geological or
archaeological evidence, shall be prohibited until that
evidence has been studied or researched for any valu-
able information about our history. Removal or salvage
of the evidence shall be done in accordance with RCW
27.53, and shall be performed in a timely manner.
(2) Once the geologic or archaeological evi-
dence or articles have been studied or researched, or
the importance of the site is declared to be marginal or
not of use to the scientific community, development
shall be allowed on the site. Development shall not
begin on such a site until the Director gives approval.
(h) Permitted Uses Subject to Exception Approval.
Other uses may be permitted upon receiving a reason-
able use exception pursuant to Section 18.45.115. A
use permitted through a reasonable use exception shall
conform to the procedures of this chapter and be
consistent with the underlying zoning.
(Ord. 1758 §1(part), 1995)
18.45.090 Sensitive areas tracts.
(a) In development proposals for planned resi-
dential or mixed area use developments, short subdi -
visions or subdivisions, and boundary line adjustments
and binding site plans, applicants shall create sensitive
areas tracts, in lieu of an open space tract, per the
standards of the Planned Residential Development
District chapter of this title.
(b) Applicants proposing development involving
uses other than those listed in subsection (a) of this
section, on parcels with sensitive areas or their buffers,
may elect to establish a sensitive areas tract which
shall be:
(1) If under one ownership, owned and main-
tained by the ownership, which protection of the tract;
Page 18 -80
December 4, 1995
TITLE 18 — ZONING
(2) Held in common ownership by multiple
owners who shall collectively be responsible for main-
tenance of the tract; or
(3) Dedicated for public use if acceptable to the
City or other appropriate public agency.
(Ord. 1758 §1(part), 1995)
18.45.115 Exceptions.
(a) General. With the approval of the Director,
isolated wetlands that are 1,000 square feet or smaller
in area, and which are low in value according to the
rating methodology used in the City's Water Resource
Rating and Buffer Study, may not require the
compensatory mitigation standards of this chapter.
(b) Piping. Piping will be allowed in Type 1 and
Type 2 watercourses only where relocation or alter-
ation of a watercourse is denied and would result in
denial of all reasonable use.
(c) Reasonable Use Exceptions.
(1) If application of this chapter would deny all
reasonable use of the property containing wetlands,
watercourses or their buffers, the property owner or
the proponent of a development proposal may apply
for a reasonable use exception.
(2) The application for a reasonable use excep-
tion shall be in a format specified by and filed with the
DCD. Requirements may include an environmental
impact statement pursuant to WAC 197 -1 1 -400.
Reasonable use exceptions shall be decided by the
Planning Commission following a public hearing
noticed as specified in the Public Notice of Hearing
chapter of this title.
(3) If the applicant demonstrates to the satisfac-
tion of the Planning Commission that application of the
provisions of this chapter would deny all reasonable
use of the property, development may be allowed
which is consistent with the general purposes of this
chapter and the public interest.
(4) The Commission, in granting approval of
the reasonable use exception, must determine that:
(A) No reasonable use with less impact
on the sensitive area and its buffer is possible;
(B) There is no feasible on -site alternative
to the proposed activities, including reduction in size or
density, phasing of project implementation, change in
timing activities, revision of road and lot layout, and /or
related site planning activities that would allow a
reasonable economic use with fewer adverse impacts
to the sensitive area and its buffer;
(C) As a result of the proposed develop-
ment there will be no increased or unreasonable threat
of damage to off -site public or private property and no
threat to the public health, safety or welfare on or off
the development proposal site;
(D) Alterations permitted shall be the
minimum necessary to allow for reasonable use of the
property;
(E) The proposed development is compat-
ible in design, scale and use with other development
with similar site constraints in the immediate vicinity
of the subject property;
(F) Disturbance of sensitive areas has
been minimized by locating the necessary alterations
in the buffers to the greatest extent possible;
(G) The inability to derive reasonable use
of the property is not the result of actions by the appli-
cant in segregating or dividing the property and creating
the undevelopable condition after the effective date of
the ordinance from which this chapter derives; and
(H) Any approved alteration of a sensitive
area under this section shall be subject to conditions as
established by this chapter and will require mitigation
under an approved mitigation plan. if a development is
approved as a reasonable use, the Board of Architectural
Review's process, review and standards shall be
applied.
(Ord. 1758 §1(part), 1995)
18.45.120 Variances.
(a) The Board of Adjustment shall review requests
pursuant to the Variance chapter of this title for variance
from the standards of this chapter unless excepted by
Section 18.45.115.
(b) If a variance is granted, it shall be the mini-
mum necessary to accommodate the permitted uses of
the underlying zoning districts proposed by the appli-
cation, and the scale of the use may be reduced as
necessary to meet this requirement.
(Ord. 1758 §1(part), 1995)
18.45.125 Appeals.
(a) Any aggrieved party who objects to or dis-
agrees with DCD decisions or conditions for
development in a sensitive area shall appeal to the
Planning Commission. Any such appeal shall be
made in writing within ten days of the interpretation,
condition or decision being appealed, and shall set forth
the basis for the appeal.
(b) In considering appeals of decisions or condi-
tions, the following shall be considered:
(1) The intent and purposes of the sensitive
areas ordinance from which this chapter derives;
(2) Technical information and reports consid-
ered by the DCD; and
(3) Findings of the Director which shall be
given substantial weight.
(Ord. 1758 §1(part), 1995)
18.45.130 Recording required.
The property owner receiving approval of a use or
development pursuant to this chapter shall record the
City- approved site plan clearly delineating the wetland,
watercourse, areas of potential geologic instability or
abandoned mine and their buffers designated by
Sections 18.45.020 and 18.45.040 with the King
December 4, 1995 Page 18-81
TUKWILA MUNICIPAL CODE
County Division of Records and Elections. The face of
the site plan must include a statement that the
provisions of this chapter, as of the effective date of the
ordinance from which this chapter derives or thereafter
amended, control use and development of the subject
property, and provide for any responsibility of the
property owner for the maintenance or correction of
any latent defects or deficiencies.
(Ord. 1758 §1 (part), 1995)
18.45.135 Assurance device.
(a) In appropriate circumstances, the Director may
require a letter of credit or other security device accept-
able to the city, to guarantee performance and mainte-
nance requirements of this chapter. All assurances
shall be on a form approved by the City Attorney.
(b) When alteration of a sensitive area is approved,
the Director may require an assurance device, on a
form approved by the City Attorney, to cover the
monitoring costs and correction of possible deficiencies.
Monitoring of alterations may be required for up to five
years.
(c) Release of the security does not absolve the
property owner of responsibility for maintenance or
correcting latent defects or deficiencies.
(Ord. 1758 §1 (pa rt), 19 95)
18.45.140 Assessment relief.
(a) Fair Market Value. The King County Assessor
shall consider sensitive area regulations in determining
the fair market value of land under RCW 84.34.
(b) Current Use Assessment. Established sensi-
tive area tracts, as defined in the Definitions chapter of
this title and provided for in Section 18.45.090, shall be
classified as open space and owners thereof may
qualify for current use taxation under RCW 18.34;
provided, such landowners have not received density
credits, or setback or lot size adjustments as provided in
the Planned Residential Development District chapter
of this title.
(c) Special Assessments. Landowners who
qualify under subsection (b) of this section shall also be
exempted from special assessments on the sensitive
area tract to defray the cost of municipal improvements
such as sanitary sewers, storm sewers and water
mains.
(Ord. 1758 §1 (part), 1995)
Page 18 -82 December 4, 1995
WETLAND BUFFERS
Type 1 -100 foot wide buffer
Type 2 -50 foot wide buffer
Type 3-25 foot wide buffer
1\ \,
t I4-- ORDINARY H10H
1 WATER MARK
\
I WATERCOURSE\ \ `\
BUFFERS \ 1
Type 1 -70 foot wide buffer 1 : i
Type 2 -35 foot wide buffer 1 a 1
Type 3 -15 foot wide buffer
City of Tukwila
SAMPLE RESIDENTIAL
SENSITIVE AREA
SITE PLAN SUBMITTAL
Figure 18 -2
TITLE 18 — ZONING
Chapter 18.46
PRD — PLANNED RESIDENTIAL
DEVELOPMENT
Sections:
18.46.010
18.46.020
18.46.030
18.46.060
18.46.070
18.46.080
18.46.090
18.46.100
18.46.110
18.46.1 12
18.46.115
18.46.120
18.46.130
18.46.140
Purpose.
Permitted districts.
Permitted uses.
Relationship of this chapter to other
sections and other ordinances.
Multi- family density standards.
Open space.
Relationship to adjacent areas.
Preapplication procedure.
Application procedure required for PRD
approval.
Review criteria.
Restrictive covenants subject to approval
by City Council and City Attorney.
Application procedures for building permit.
Minor and major adjustments.
Expiration of time limits.
18.46.010 Purpose.
It is the purpose of this chapter to encourage imagi-
native site and building design and to create open space
in residential developments by permitting greater
flexibility in zoning requirements than is permitted by
other sections of this title. Furthermore, it is the pur-
pose of this chapter to:
(1) Promote the retention of significant features
of the natural environment, including topography,
vegetation, waterways, wetlands and views;
(2) Encourage a variety or mixture of housing
types;
(3) Encourage maximum efficiency in the
layout of streets, utility networks, and other public
improvements; and
(4) Create and /or preserve usable open space
for the enjoyment of the occupants and the general
public.
(Ord. 1758 §1(part), 1995)
18.46.020 Permitted districts.
Planned residential development (PRD) may
be permitted in the LDR, MDR and HDR residential
districts when there are wetlands, watercourses, and
associated buffers on the lot.
(Ord. 1758 §1(part), 1995)
18.46.030 Permitted uses.
The following uses are allowed in planned resi-
dential development:
(1) In LDR districts, only single- family
detached dwellings may be permitted;
(2) In MDR and HDR districts, resi dential
developments of all types regardless of the type of
building in which such residence is located, such as
single- family residences, duplexes, triplexes, four -
plexes, rowhouses, townhouses or apartments; pro-
vided, that all residences are intended for permanent
occupancy by their owners or tenants. Hotels, motels,
and travel trailers and mobile homes and trailer parks
are excluded;
(3) Accessory uses specifically designed to
meet the needs of the residents of the PRD such as
garages and recreation facilities of a noncommercial
nature;
(Ord. 1758 §1(part), 1995)
18.46.060 Relationship of this chapter to other
sections and other ordinances.
(a) Lot Size, Building Height and Setbacks.
(1) Lot Size and Setbacks. A maximum reduc-
tion of 15% for lot areas and setbacks in LDR districts
shall be permitted, provided that the following are also
substantially provided:
(A) At least fifteen percent of the natural
vegetation is retained (in cases where significant stands
exist).
(B) Advantage is taken or enhancement is
achieved of unusual or significant site features such as
views, watercourses, or other natural characteristics.
(C) Separation of auto and pedestrian
movement is provided, especially in or near areas of
recreation.
(D) Development aspects of the PRD
complement the land use policies of the Comprehen-
sive Plan.
(2) Building Height. Building heights may be
modified within a PRD when it assists in maintaining
natural resources and significant vegetation, and en-
hances views within the site without interfering with
the views of adjoining property. For increases in build-
ing height, there shall be a commensurate decrease in
impervious surface.
(b) Off - street Parking. Off - street parking shall be
provided in a PRD in the same ratio for types of build-
ings and uses as required in the Off - street Parking and
Loading Regulations chapter of this title. However, for
multiple - family zoned sites with sensitive areas, a
minimum of two parking stalls per unit will be
allowed, with a 50% compact stalls allowance, and
parking stalls in front of carports or garages will be
allowed if the design does not affect circulation.
(c) Platting Requirements. The standards of the
subdivision code for residential subdivisions shall
apply to planned residential developments if such
standards are not in conflict with the provisions of this
chapter. Upon final approval of the PRD, filing of the
PRD shall be in accordance with procedures of the
subdivision code if any lots are to be transferred.
(d) Impervious Surface. The maximum amount
of impervious surface calculated for the total develop-
ment allowed on sensitive areas sites will be 50% for
December 4, 1995 Page 18-83
TUKWILA MUNICIPAL CODE
each single- family development and each multi - family
development.
(e) Recreation Space Requirements. Sensitive
areas and stands of significant trees may be counted as
area required to meet the recreation space minimums,
if usable passive recreation opportunities within these
areas are demonstrated. Opportunities could include
connection and continuation of area -wide trail systems,
wildlife or scenic viewing opportunities, or picnic
areas.
(f) Landscape and Site Treatment for Sites with
Class 2, Class 3 and Class 4 Geologic Hazard Areas:
(1) Downslope and Side Yard Buffers. Photomon-
tage or computer - generated perspectives, taken from
the nearest downslope off -site privately owned prop-
erty, shall show minimum landscape coverage of
twenty five percent of the structures at the time of
project completion with anticipated forty percent
coverage within fifteen years. This standard may
supplement or be in lieu of the applicable landscape
yard requirement.
(2) Roads and Access Drives. Any road or access
drive which cuts approximately perpendicular to a
slope to the ridge line of a hill shall have minimum
five -foot planted medians. Trees shall be a species that
provides a branch pattern sufficient to provide, at
maturity, 50% coverage of the pavement area. Roads
or drives which require retaining walls parallel to the
topographic line shall plant roadside buffers of North-
west native plant species.
(g) Review guidelines contained in the Board of
Architectural Review chapter of this title shall apply to
PRD's.
(h) For single - family developments, site plans shall
include placement and footprint of the residences,
driveways and roads.
(Ord. 1758 §1(part), 1995)
18.46.070 Multi- family density standards.
In multiple - family residential districts, the Planning
Commission may recommend and the City Council
may authorize a dwelling -unit density not more than
20% greater than permitted by the underlying zones,
after entry of findings that the following are substan-
tially provided:
(1) A variety of housing types is offered.
(2) At least 15% of the natural vegetation is
retained (in cases where significant stands exist).
(3) Advantage is taken or enhancement is
achieved of unusual or significant site features such as
views, watercourses, wetlands or other natural charac-
teristics.
(4) Separation of auto and pedestrian move-
ment is provided, especially in or near areas of
recreation.
(5) Developmental aspects of the PRD com -
plement the land use policies of the Comprehensive
Plan.
(Ord. 1758 §1(part), 1995)
18.46.080 Open space.
(a) Each planned residential development shall
provide not less than 20% of the gross site area for
common open space which shall:
(1) Provide either passive or active recreation
concentrated in large usable areas;
(2) Network with the trail and open space
system of the City and provide a connection and
extension, if feasible; and
(3) Be under one ownership, owned and
maintained by the ownership; or be held in common
ownership by all of the owners of the development by
means of a homeowners' association or similar associa-
don. Such association shall be responsible for mainte-
nance of the common open space, or be dedicated for
public use if acceptable to the city or other appropriate
public agency.
(b) Planned residential developments shall set
aside sensitive areas and their buffers in a sensitive
areas tract as required by Section 18.45.090, and will be
exempted from other open space requirements of this
section.
(Ord. 1758 §1(part), 1995)
18.46.090 Relationship to adjacent areas.
(a) The design and layout of a planned residential
development shall take into account the integration and
compatibility of the site to the surrounding areas. The
perimeter of the PRD shall be so designed as to mini-
mize any undesirable impact of the PRD on adjacent
properties.
(b) Setbacks from the property lines of the PRD
shall be comparable to, or compatible with, those of the
existing development of adjacent properties or, if adja-
cent properties are undeveloped, the type of develop-
ment which may be permitted.
(Ord. 1758 §1(part), 1995)
18.46.100 Preapplication procedure.
A preapplication conference between representa-
tives of the City and the potential applicant for a PRD is
required prior to the acceptance of an application for
PRD approval. This conference shall be set by the
DCD at the written request of the potential applicant.
All affected City departments shall be notified and
invited to participate. The purpose of the preapplication
conference is to acquaint the applicant with the
provisions of this section as well as other ordinances
and regulations which would affect the property under
consideration.
(Ord. 1758 §1(part), 1995)
18.46.110 Application procedure required for PRD
approval.
(a) Filing of Application. Application for approval of
the PRD shall be made on forms prescribed by the
DCD and shall be accompanied by a filing fee as
Page 18-84 December 4, 1995
TITLE 18 — ZONING
required in the Application Fees chapter of this title and
by the following:
(1) Justification for the density increases, or lot
size and setback reductions, if requested by the
applicant;
(2) Program for development including staging
or timing of development;
(3) Proposed ownership pattern upon comple-
tion of the project;
(4) Basic content of any restrictive covenants;
(5) Provisions to assure permanence and
maintenance of common open space through a home-
owners' association, or similar association, condo-
minium development or other means acceptable to the
City;
(6) An application for rezone may be submit-
ted with the PRD application if rezoning is necessary
for proposed density. Fees for rezone request shall be
in addition to those of the PRD application;
(7) An application for preliminary plat may be
submitted with the PRD application, if necessary. Fees
for the subdivision shall be in addition to those of the
PRD application;
(8) Graphic images of development in any
sensitive area or buffer, including photomontage or
computer - generated perspectives in a standardized
format required by the Director;
(9) Every reasonable effort shall be made to
preserve existing trees and vegetation and integrate
them into the subdivision's design by preparing a tree
inventory of the significant vegetation on -site as part of
the preliminary plat application. A tree and vegetation
retention /removal plan shall be part of any preliminary
plat application. Such tree and vegetation reten-
tion /removal plan shall assure the preservation of sig-
nificant trees and vegetation.
(b) Planning Commission Public Hearing. The
Planning Commission shall hold at least one public
hearing on the proposed PRD, and shall give notice
thereof pursuant to Chapter 18.92 of this title. The
public hearing shall not be held before completion of all
necessary and appropriate review by City depart-
ments. This review shall be completed within a
reasonable period of time.
(c) Planning Commission Recommendation. Fol-
lowing the public hearing, the Planning Commission
shall make a report of its findings and recommenda-
tions with respect to the proposed PRD and the criteria
of this chapter, and forward the report to the City
Council.
(d) City Council Public Hearing.
(1) After receipt of the Planning Commission
report, the City Council shall hold a public hearing on
the proposed PRD as recommended by the Planning
Commission. The City Council shall give approval,
approval with modifications, or disapproval to the pro-
posed PRD.
(2) The PRD shall be an exception to the regu-
lations of the underlying zoning district. The PRD shall
constitute a limitation on the use and design of the site
unless modified by ordinance.
(Ord. 1758 §1(part), 1995)
18.46.112 Review criteria.
The Planning Commission and City Council shall
find that the proposed development plans meet all of
the following criteria in their decision making:
(1) Requirements of the subdivision code for
the proposed development have been met, if appropri-
ate;
(2) Reasons for density increases, or lot size
and setback reductions, meet the criteria as listed in the
Planned Residential Development District chapter of
this title;
(3) Adverse environmental impacts have
been mitigated;
(4) Compliance of the proposed PRD to the
provisions of this chapter and the Sensitive Areas
Overlay District chapter of this title;
(5) Time limitations, if any, for the entire
development and specified stages have been docu-
mented in the application;
(6) Development in accordance with the
Comprehensive Land Use Policy Plan and other rele-
vant plans;
(7) Compliance with the Board of Architectural
Review guidelines (the Board of Architectural Review
chapter of this title); and
(8) Appropriate retention and preservation of
existing trees and vegetation recommended by the
Director.
(Ord. 1758 §1(part), 1995)
18.46.115 Restrictive covenants subject to
approval by City Council and City Attorney.
The restrictive covenants intended to be used by
the applicant in a planned residential development
(PRD), which purports to restrict the use of land or the
location or character of buildings or other structures
thereon, must be approved by the City Council and
the City Attorney before the issuance of any building
permit.
(Ord. 1758 §1(part), 1995)
18.46.120 Application procedures for building
permit.
The following procedures are required for approval
of construction for the proposed planned residential
development:
(1) Time Limitation. A complete application
for the initial building permit shall be filed by the appli-
cant within twelve months of the date on which the
City Council approved the PRD. An extension of time
for submitting an application may be requested in writ-
ing by the applicant, and an extension not exceeding
six months may be granted by the Director. If applica-
December 4, 1995 Page 18-85
TUKWILA MUNICIPAL CODE
tion for the initial building permit is not made within
twelve months or within the time for which an
extension has been granted, the plan shall be consid -
ered abandoned, and the development of the property
shall be subject to the requirements and limitations of
the underlying zone and the subdivision code.
(2) Application. Application for building permit
shall be made on forms prescribed by the DCD and
shall be accompanied by a fee as prescribed by the
building code.
(3) Documentation Required. All schematic
plans either presented or required in the approved PRD
plans shall be included in the building permit applica-
tion presented in finalized, detailed form. These plans
shall include but are not limited to landscape, utility,
open space, circulation, and site or subdivision plans.
Final plats and public dedication documents must be
approved by the City Council before the issuance of
any building permits.
(4) Sureties Required for Staging. If the PRD is
to be developed in stages, sureties or other security
device as shall be approved by the City Attorney shall
be required for the complete PRD. The various stages
or parts of the PRD shall provide the same proportion of
open space and the same overall dwelling unit density
as provided in the final plan.
(5) DCD Action. The DCD shall determine
whether the project plans submitted with the building
permit are in compliance with and carry out the
objectives of the approved PRD. Following approval of
the DCD, the City Clerk shall file a copy of the
approved PRD plan with the official records of the City
and the originals shall be recorded with the King
County Department of Records and Elections. After all
approvals, the official zoning map shall be amended to
reflect the PRD by adding the suffix "PRD" to the
designation of the underlying zone.
(Ord. 1758 §1(part), 1995)
18.46.130 Minor and major adjustments.
If minor adjustments or changes are proposed fol-
lowing the approval of the PRD, by the City Council as
provided in the Planned Residential Development
District chapter of this title, such adjustments shall be
approved by the DCD prior to the issuance of a building
permit. Minor adjustments are those which may affect
the precise dimensions or siting of structures, but
which do not affect the basic character or arrangement
of structures approved in the final plan, or the density
of the development or open space provided. Major
adjustments are those which, as determined by the
DCD, substantially change the basic design, density,
open space, or other substantive requirement or
provision. If the applicant wishes to make one or
more major changes, a revised plan must be approved
pursuant to the Planned Residential Development
District chapter of this title.
(Ord. 1758 §1(part), 1995)
18.46.140 Expiration of time limits.
Construction of improvements in the PRD shall
begin within twelve months from the date of the filing
of the final PRD plan by the City Clerk as provided in
the Planned Residential Development District chapter
of this title. An extension of time for beginning
construction may be requested in writing by the appli-
cant, and such extension not exceeding six months
may be granted by the Planning Commission upon
showing of good cause. If construction does not occur
within 18 months from the date of filing of PRD plans
by the City Clerk, the PRD zoning suffix shall be
dropped from the official zoning map and the zoning
shall revert to the underlying designation.
(Ord. 1758 §1(part), 1995)
Page 18 -86
December 4, 1995
TITLE 18 — ZONING
Chapter 18.50
SUPPLEMENTAL
DEVELOPMENT STANDARDS
Sections:
18.50.010
18.50.020
18.50.030
18.50.045
18.50.070
18.50.080
18.50.083
18.50.085
Purpose.
Special height limitation areas.
Special height exception areas.
Height regulations around major airports.
Yard regulations.
Exemption of rooftop appurtenances.
Maximum building length.
Maximum percent development area
coverage.
18.50.010 Purpose.
It is the purpose of this chapter to establish
development standards that supplement those
established within the various use districts. These
supplemental standards are intended to address certain
unique situations that may cross district boundaries,
and to implement related policies of the Tukwila
Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.50.020 Special height limitation areas.
There is hereby established a special height
limitation area, as depicted by Figure 18 -3, within
which no building shall be erected which exceeds six
(6) stories in height, notwithstanding the provisions for
the zoning district within which the subject property
may lie.
(Ord. 1758 §1(part), 1995)
18.50.030 Special height exception areas.
There are hereby established special height
exception areas as depicted • by Figure 18 -3, within
which building heights of up to four, six, or ten stories,
as illustrated by the Figure, are allowed,
notwithstanding the height standards for zoning
districts within which the subject property may lie.
(Ord. 1758 § 1(part), 1995)
18.50.045 Height regulations around major
airports.
For the purposes of regulating heights within the
vicinity of major airports, there are established and
created certain height limitation zones which include
all the land lying within the instrument approach
zones, non - instrument approach zones, transition
zones, horizontal zones and conical zones. Such areas
may be shown and defined on an "airport height map"
which shall become a part of the ordinance codified in
this section by adoption of the Council and found on
file in the office of the City Clerk. No building or struc-
ture shall be erected, altered or maintained, nor shall
any tree be allowed to grow to a height in excess of the
height limit herein established in any of the several
zones created by this section; provided, however, that
this provision shall not prohibit the construction of or
alteration of a building or structure to a height of 35 feet
above the average finish grade of the lot. Where an
area is covered by more than one height limitation
zone, the more restrictive limitations shall prevail.
Under the provision of this section, the City adopts the
following airport height map: Airport Height Map: King
County International Airport (Boeing Field), August 1,
1986, and as the same may be amended.
(Ord. 1758 § 1(part), 1995)
18.50.070 Yard regulations.
(1) Fences, walls, poles, posts, and other cus-
tomary yard accessories, ornaments, furniture may be
permitted in any yard subject to height limitations and
requirements limiting obstruction of visibility to the
detriment of public safety.
(2) In the case of through lots, unless the pre-
vailing front yard pattern on adjoining lots indicates
otherwise, front yards shall be provided on all
frontages.
(3) Where the front yard that would normally
be required on a lot is not in keeping with the prevail-
ing yard pattern, the DCD may waive the requirement
for the normal front yard and substitute therefor a
special yard requirement which shall not exceed the
average of the yards provided on adjacent lots.
(4) In the case of corner lots, a front yard of the
required depth shall be provided in accordance with
the prevailing yard pattern, and a second front yard of
half the depth required generally for front yards in the
district shall be provided on the other frontage.
(5) In the case of corner lots with more than
two frontages, the DCD shall determine the front yard
requirements, subject to the following conditions:
(A) At least one front yard shall be
provided having the full depth required generally in
the district;
(B) The second front yard shall be the
minimum set forth in the district;
(C) In the case of through lots and corner
lots, there will be no rear yards but only front and side
yards;
(D) In the case of through lots, side yards
shall extend from the rear lines of front yards required.
In the case of corner lots, yards remaining after full and
half -depth front yards have been established shall be
considered side yards. (See Figure 18 -4.)
(Ord. 1758 §1(part), 1995)
18.50.080 Exemption of rooftop appurtenances.
The height limitations specified in this chapter shall
not apply to church spires, monuments, chimneys,
water towers, elevator towers, mechanical equipment,
and other similar rooftop appurtenances usually
required to be placed above the roof level and not
December 4, 1995 Page 18-87
TUKWILA MUNICIPAL CODE
intended for human occupancy or the provision of
additional floor area; provided, that mechanical equip-
ment rooms or attic spaces are set back at least ten feet
from the edge of the roof and do not exceed 20 feet in
height.
(Ord. 1758 §1(part), 1995)
18.50.083 Maximum building length.
In the MDR and HDR zones, the maximum
building length shall be as follows:
For all buildings except as described
below:
MDR ... 50 ft
HDR.... 50 ft
Maximum building length with bonus for
modulating offsets:
For structures with a maximum
MDR ... 100 ft
building height of 2 stories or 25 ft.,
whichever is less, and having
horizontal modulation or a mini-
mum vertical change in roof profile
of 4 feet at least every two units or
HDR.... 200 ft
50 feet, whichever is less:
For structures with a building
MDR ... 100 ft
height over 2 stories or 25 ft.,
whichever is less, with a horizon-
tal and vertical modulation of 4 ft. or
an 8 ft. modulation in either
direction:
HDR....200ft
Modulation shall be required for every 2 units or
50 feet, whichever is less, as measured along the
building's length. Grouping of offsets in maximum
four unit modules may be permitted only with BAR
approval (see Figure 18 -5).
(Ord. 1758 §1(part), 1995)
18.50.085 Maximum percent development area
coverage
In the MDR and HDR zones the maximum
percent development area coverage shall be 50 %.
(Ord. 1758 §1(part), 1995)
Page 18-88 December 4, 1995
✓ r•• .•flue ■rrrr,
•
eF
t
■
.
i
•
M
•
•
■
■ ..
•
5 1 C3th 5t
'// ,7„4 %`'/Z4 Special (a) 9tarlles allayed
Special Hecht cht exception Area:
Up to six ( 6) stories allowed
Special Het* xceptlai Area:
Up to four (4) stones allowed
Special Hei * t mitlon Area:
Limited to no more than six ( 6) stories
frM
■•■■■•.•r.M
L.ocat,ioi and Mea5urmenb of Yards on Lots
Yards
kear
/•r 51de
D Front
[1:= Second Front
—
°-- LotLlnes
— — — Yard Measurment L Ines
Chi of T'ukwda
Location and Meaurment
Yards on Lots
Nitre 18 -4
2 UNITS
MAX
50'
Max
Ara\
VERTICAL MODULATION
2 _ UNITS 2 UNITS
MAX MAX
HORIZONTAL MODULATION
L
r
50'
MAX
J
City of Tukwila
Multi - Family
Design Guideline
Figure 18 -5
TITLE 18 — ZONING
Chapter 18.52
LANDSCAPE, RECREATION, RECYCLING/
SOLID WASTE SPACE REQUIREMENTS
Sections:
18.52.010
18.52.020
18.52.030
18.52.040
18.52.050
18.52.060
18.52.065
18.52.070
18.52.080
18.52.090
Purpose.
Landscaping requirements by zone district.
Special landscape requirements.
General landscaping and screening
requirements.
Landscape plan requirements.
Recreation space requirements.
Lighting.
Recycling storage space for residential uses
Recycling storage space for non - residential
uses.
Design of collection points for garbage and
recycling containers.
18.52.010 Purpose.
The purpose of this chapter is to establish mini-
mum requirements for landscaping to promote safety,
to provide screening between incompatible land uses,
to mitigate the adverse effects of development on the
environment, and to improve the visual environment
for resident and nonresident alike.
(Ord. 1758 §1(part), 1995)
18.52.020 Landscaping requirements by zone
district.
In the various zone districts of the City,
landscaping in the front, rear and side yards shall be
provided as established by the various use district
chapters of this Title. Minimum required front yard
landscaped areas in the MDR, and HDR zones may
have up to 20% of their required landscape area
developed for pedestrian and transit facilities upon
approval by the Board of Architectural Review.
(Ord. 1758 §1(part), 1995)
18.52.030 Special landscape requirements.
The required landscape areas shall be increased by
a minimum of 25% or 50% or by construction of a
decorative fence or solid planting screen, to be
approved by the Director, along the applicable front,
side and /or rear property line(s) in the following
circumstances:
(1) 25% increase with a minimum of five feet
when:
(A) Office use district occurs across the
street from a single - family use district,
(B) Commercial use district occurs across
the street from a single - family use district,
(C) Industrial use district occurs adjacent
to an office use district;
(2) 50% increase with a minimum of five feet
when industrial use district occurs across the street
from a single- family or multiple - family use district;
(3) Installation of a solid planting screen within
a ten -foot wide landscape strip with a height of five to
eight feet or the construction of a decorative fence, to be
approved by the DCD when:
(A) Commercial use district occurs adja-
cent to a single - family use district,
(B) Industrial use district occurs adjacent
to a single - family or multiple- family use district;
(4) Fifteen feet of landscaping shall be provided
when a nonresidential development in a Commercial/
Light Industrial district or a Manufacturing Industrial
Center /Light district abuts or is across the street from
residential uses. This landscaping shall be outside of
any fence used to prevent access to the development
in a C /LI and MIC /L district.
(Ord. 1758 §1(part), 1995)
18.52.040 General landscape and screening
requirements.
(1) Landscape Architect Required. In the MDR
and HDR zones, a Washington State licensed landscape
architect shall prepare and stamp the landscape plans in
accordance with the standards herein.
(2) Coverage Standards. All landscaped areas
(including shrub beds) shall achieve 90% live ground
coverage in three years and all areas not occupied by a
building (including surface parking areas) shall achieve
40% horizontal tree coverage in ten years.
(3) Visibility. The landscaping shall not ob-
struct view from or into the driveway, sidewalk or
street.
(4) Outside Storage Areas. Outdoor storage
shall be screened from abutting public streets and from
adjacent properties. Such screens shall be a minimum
of eight feet high and not less than 60% of the height of
the material stored. Said screens shall be specified on
the plot plan and approved by the Director. Except in
the MDR and HDR zones, where outdoor storage shall
be fully screened from all public roadways and .
adjacent parcels with a sight obscuring structure equal
in height to the stored objects and with exterior
landscaping. A top screen cover may be exempted if
the item(s) has a finished top and an equivalent design
quality is maintained. The screening structure shall
reflect building architecture as determined by the BAR
to be appropriate.
(5) Parking Area Perimeter. In the MDR and
HDR zones, all parking areas shall have a perimeter
landscape strip. This strip shall be a minimum of 2 feet
wide and have an average 5 -foot width.
(6) Interior landscaping for each distinctly
separate parking area. In the MDR and HDR zones,
landscaping within parking areas shall be provided as
shown below:
December 4, 1995 Page 18-89
TUKWILA MUNICIPAL CODE
(a) For areas with up to 20 parking stalls,
no interior landscaping is required.
(b) For areas with 21 - 40 parking stalls,
the required amount of interior landscape area is 7
square feet for each parking stall.
(c) For areas with more than 40 parking
stalls per parking area, the required amount of interior
landscape area is 12 square feet for each parking stall
(see Multi - Family Design Guidelines, Site Planning
Section, No. 31 for the normal 15 square feet to be
provided).
(d) Planting Standards:
(1) interior planting areas to be
distributed to break up expanses of paving
(ii) minimum size of interior parking
lot planting islands is 100 square feet
(hi) planters to be a minimum of 6 feet
in any direction and generally the length of the adjacent
parking space
(iv) a landscaped area shall be placed at
the end of each interior row in the parking area with
no more than 10 stalls or 90 feet between the
landscape areas
(v) minimum of 1 evergreen or deci-
duous tree per planting area.
(7) Automatic irrigation. In the MDR and HDR
zones, all landscape areas shall be served by an
automatic irrigation system. Moisture sensors such as
in- ground sensors and rain check sensors shall be
installed.
(8) Utility Easements. Utility easements and
other similar areas between property lines and curbing
shall be landscaped and/or treated with dust and ero-
sion control planting or surfacing such as evergreens,
groundcover, shrubs, trees, sod or a combination of
similar materials. In areas of overhead transmission
lines, no shrubs or trees over 20 feet at maturity will
be allowed.
(Ord. 1758 §1(part), 1995)
18.52.050 Landscape plan requirements.
Detailed plans for landscaping and screening shall
be submitted with plans for building and site
improvements. Included in the plans shall be type
and location of plants and materials and the location of
sprinkling systems. Installation of the landscaping and
screening shall be completed prior to issuance of the
certificate of occupancy or within a reasonable period of
time determined by the Director and stated on the
building permit.
(Ord. 1758 §1(part), 1995)
18.52.060 Recreation space requirements.
In all MDR and HDR zoning districts, any proposed
multiple- family structure, corn plex or development
shall provide on the premises and for the use of the
occupants a minimum amount of recreation space
according to the following provisions:
(1) Required Area.
(A) For each proposed dwelling unit in the
multiple- family development, a minimum of 400
square feet of recreation space shall be provided. Any
multiple- family structure, complex or development
shall provide a minimum of 1,000 square feet of total
recreation space;
(B) The front, side and rear yard setback
areas required by the applicable zoning district shall not
qualify as recreation space;
(2) Indoor or Covered Space.
(A) No more than 50% of the required
recreation space may be indoor or covered space;
(B) The Board of Architectural Review
may grant a maximum of two square feet of recreation
space for each one square foot of extensively improved
indoor recreation space provided. Interior facility
improvements would include a full range of weight
machines, sauna, hot tub, large screen television and
the like.
(3) Uncovered Space.
(A) A minimum of 50% of the total
required recreation space shall be open or uncovered,
up to 100% of the total requirement may be in open or
uncovered recreation space;
(B) Recreation space shall not exceed a 4%
slope in any direction unless it is determined that the
proposed space design clearly facilitates and encourages
the anticipated use as endorsed by the Director.
(C) The Board of Architectural Review
may grant a maximum credit of two square feet of
recreation space for each one square foot of outdoor
pool and surrounding deck area.
(4) General Requirements.
(A) Multiple- family complexes which
provide dwelling units with two or more bedrooms
shall provide adequate recreation space for children
with at least one space for the 5 -to -12 -year old group.
Such space shall be at least 25% but not more than 50%
of the total recreation space required under subsection
(1) above and shall be designated, located and
maintained in a safe condition;
(B) Adequate fencing, plant screening, or
other buffer shall separate the recreation space from
parking areas, driveways or public streets.
(C) The anticipated use of all required
recreation areas shall be specified and designed to
clearly accommodate that use.
(Ord. 1758 §1(part), 1995)
18.52.065 Lighting
In the MDR and HDR zones, porches, alcoves and
pedestrian circulation walkways shall be provided
with low level safety lighting.
(Ord. 1758 §1(part), 1995)
Page 18-90 December 4, 1995
TITLE 18 — ZONING
18.52.070 Recycling storage space for residential
uses
Apartment and condominium developments over
six units shall provide 1-1/2 square feet of recycling
storage space per dwelling unit and located in collection
points as follows:
(1) No dwelling unit within the development
shall be more than 200 feet from a collection point;
(2) Collection points shall be located so that
hauling trucks do not obstruct pedestrian or vehicle
traffic on -site, or project into any public right -of -way;
(3) Collection points shall not be located in any
required setback or landscape area.
(Ord. 1758 §1(part), 1995)
18.52.080 Recycling storage space for non -
residential uses.
(a) Recycling storage space for non - residential uses
shall be provided at the rate of at least:
( 1) Two square feet per every 1,000 square
feet of building gross floor area in office, medical,
professional, public facility, school and institutional
devel opments;
(2) Three square feet per every 1,000 square
feet of building gross floor area in manufacturing,
industrial and other non - residential uses not specifically
mentioned in these requirements;
(3) Five square feet per every 1,000 square
feet of building gross floor area in retail developments.
(b) Outdoor collection points shall not be located in
any required setback or landscape area;
(c) Collection points shall be located in a manner
so that hauling trucks do not obstruct pedestrian or
vehicle traffic on -site, or project into any public right -of-
way.
(Ord 1758 §1(part), 1995)
18.52.090 Design of collection points for garbage
and recycling containers
Residential and non- residential collection points
shall be designed as follows:
(1) An opaque wall or fence of sufficient size
and height to provide complete screening shall enclose
any outside collection point. Architectural design shall
be consistent with the design of the primary
structure(s) on the site;
(2) Collection points shall be identified by
signs not to exceed two square feet;
(3) Weather protection of recyclables and
garbage shall be ensured by using weather -proof
containers or by providing a roof over the storage area.
(Ord. 1758 § 1(part), 1995)
Sections:
18.54.010
18.54.020
18.54.030
18.54.050
18.54.060
18.54.070
18.54.080
18.54.090
18.54.100
18.54.110
18.54.120
18.54.130
18.54.140
18.54.150
18.54.160
18.54.170
18.54.180
18.54.190
18.54.200
Chapter 18.54
TREE REGULATIONS
Title.
Purpose.
Scope.
Permit - exempt activities.
Permit - mandatory standards.
Permit required.
Permit application materials.
Waiver to permit materials.
Permit application fee.
Applicant insurance required.
Applicant security required.
Permit approval criteria.
Permit exceptions.
Permit processing and duration.
Permit conformance.
Violations.
Enforcement.
Liability.
Conflicts with existing codes and
ordinances.
18.54.010 Title.
This Ordinance shall be known as the City of
Tukwila "Tree Ordinance," and may be so cited.
(Ord. 1758 §1(part), 1995)
18.54.020 Purpose.
This purpose of this chapter is to:
(1) Mitigate certain environmental conse-
quences of land development, and to maintain and
improve the quality of Tukwila's urban environment.
(2) Promote building and site planning prac-
tices that are responsive to the community's natural
environment, without preventing reasonable devel-
opment of land.
(3) Regulate clearing of trees and understory
vegetation in the City of Tukwila, in order to:
(A) Maintain and enhance the aesthetic,
ecological and economic benefits provided by vegeta-
tion, such as:.
(7)
(8)
providing wildlife habitat;
reducing runoff and soil erosion;
reducing air pollution;
masking noise;
reducing wind speed and urban
"wind tunnels ";
energy conservation, cooling of
urban centers;
increasing real property values;
enhancing visual and aesthetic
qualities of the urban environ-
ment.
December 4, 1995 Page 18-91
TUKWILA MUNICIPAL CODE
(B) Maintain the viability of existing
stands of trees and understory vegetation.
(C) Promote retention of native vegetation
in sensitive areas and their buffers, shoreline areas, and
wildlife habitat areas.
(4) Provide a means to implement the
requirements of the Sensitive Areas Overlay District
chapter of this title, relative to vegetation removal in
sensitive areas and sensitive area buffers.
(Ord. 1758 §1(part), 1995)
18.54.030 Scope.
This chapter sets forth rules and regulations to
control clearing of trees and understory vegetation
within the City of Tukwila.
(Ord. 1758 §1(part), 1995)
18.54 .050 Permit - exempt activities.
The following activities are exempt from the
application of this chapter and do not require a Tree
Clearing Permit:
(1) Clearing of any vegetation; UNLESS the site
on which clearing is to occur is located in a sensitive
area, sensitive area buffer, or shoreline zone.
(2) On sites within a sensitive area, or sensi-
tive area buffer, or shoreline zone:
(A) Clearing of up to 4 significant trees on
a site currently zoned and developed for single family
residential use within any 36 -month period; UNLESS
the significant trees to be removed are located within a
wetland, watercourse and their associated buffers or
within the shoreline zone.
(B) Clearing of any vegetation located out-
side a sensitive area, sensitive area buffer or outside
the shoreline zone.
(C) Removal of hazardous trees.
(D) Routine maintenance of vegetation
necessary to maintain the health of cultivated plants, to
contain noxious weeds, or to remedy a potential fire or
health hazard or threat to public safety per TMC 8.28,
Nuisanc es.
(E) Vegetation removal necessary to the
operation of an established Christmas tree farm or
commercial plant nursery.
(F) Construction and maintenance of
streets and utilities within City- approved rights -of -way
and easements.
[Ord. 1758 §1(part), 1995)
18.54.060 Permit - mandatory standards.
All removal of significant trees and understory
vegetation shall be undertaken in accordance with the
mandatory standards specified in this chapter, except as
provided in the Waiver to Permit Materials or
Exceptions sections of this chapter.
(Ord. 1758 §1(part), 1995)
18.54.070 Permit required.
No person shall conduct any clearing of vegetation
without first obtaining a Tree Clearing Permit on a form
approved by the Director; unless specifically exempted
under this chapter.
(Ord. 1758 §1(part), 1995)
18.54.080 Permit application materials.
The following materials are required to obtain a
Tree Clearing Permit:
(1) Site Plan of the proposal, showing:
(A) Diameter, species name, location and
canopy of existing significant trees in relation to
proposed and existing structures, utility lines, and
construction limit line;
(B) Identification of all significant trees to
be removed and /or relocated;
(C) Existing and proposed topography of
the site at 2 -foot contour intervals;
(D) Limits of any sensitive area and
sensitive area buffer, and mean high water mark of the
river.
(2) Landscape Plan for the proposal,
showing:
(A) Diameter, species name, spacing and
location of replacement trees /vegetation to be used to
replace vegetation cleared;
(B) Diameter, species name and location
of all significant trees and vegetation to be retained;
(C) Proposed vegetation protection mea-
sures;
(D) Any other measures proposed to
restore the environmental and aesthetic benefits
previously provided by on -site vegetation.
(3) Professional review or recommenda-
tion—Submittal of, or agreement to submit, a review,
evaluation, recommendation or plan related to vegeta-
tion clearing or replacement prepared by a professional
consultant(s), such as a landscape architect, surveyor,
or certified arborist. Services may include, but are not
limited to:
(A) Providing a written evaluation of the
anticipated effects of proposed construction on the
viability of trees on -site; and /or
(B) Developing plans for, supervising,
and /or monitoring implementation of any required
tree protection or replacement measures; and /or
(C) Post - construction site inspection and
evaluation.
(4) Sensitive area mitigation plan — Identify
measures proposed for mitigation of vegetation clearing
in a sensitive area and /or its buffer per the Sensitive
Areas Overlay District chapter of this title.
(5) Time schedule — Proposed time schedule
of vegetation removal, relocation and /or replacement,
and other construction activities which may affect on-
site vegetation, sensitive area, sensitive area buffer,
and /or shoreline zone..
Page 18-92 December 4, 1995
TITLE 18 ZONING
(6) Additional studies and conditions -- The
Director may require supplemental studies or other
documentation, or specify conditions for work, at any
stage of the application or project as he /she may deem
necessary to ensure the proposal's compliance with
the requirements of this chapter, the Shoreline
Overlay District chapter or the Sensitive Areas Overlay
District chapter of this title, or to protect public or private
property. These conditions may include, but are not
limited to hours or seasons within which work may
be conducted, or specific work methods.
(Ord 1758 §1(part), 1995)
18.54.090 Waiver to permit materials.
The Director may waive the requirement for any
or all plans or permit materials specified in this chapter
upon finding that the information on the application is
sufficient to demonstrate that the proposed work will
meet the approval criteria detailed in this chapter and
other City ordinances. Such waiver of a requirement
for permit materials shall not be construed as waiving
any other requirements of this or related regulations.
(Ord. 1758 §1(part), 19 95)
18.54.100 Permit application fee.
(a) Fee required: A non - refundable permit applica-
tion fee will be collected at the time of submittal of a
Tree Clearing Permit application. The application fee
will provide for the cost of plan review, administration
and management of the permitting process,
inspections, and processing of exceptions to standards
and appeals pursuant to this chapter. The application
fee shall be established, and may be amended, by the
City Council.
(b) Fee amount: The City shall collect a fee of
$25.00 for processing a Tree Clearing Permit, except as
noted in this chapter.
(c) Fee exception: No fee shall be required for
vegetation clearing associated with land - altering activity
approved under a Land - Altering Permit.
(Ord. 1758 §1(part), 1 995)
18.54.110 Applicant insurance required.
(a) In addition to any permit materials or
conditions specified pursuant to this chapter, if in the
opinion of Director the nature of the work is such that it
may create a hazard to human life or endanger
adjoining property, then the Director may require the
applicant to submit a certificate of insurance.
(b) The certificate must show that the applicant is
insured against claims of damages involving personal
injuries and property in an amount prescribed by the
Director in accordance with the nature of the risks
involved and the following minimum amounts:
(1) Bodily injury liability:
$1 million per occurrence.
(2) Property damage liability:
$1 million per occurrence.
(c) All insurance policies obtained in accordance
with these provisions shall name the City of Tukwila
as an "additional insured" and shall be written by a
company licensed to do business in the State of
Washington.
(Ord. 1758 §1(part), 1995)
18.54.120 Applicant security required.
To mitigate damages should they occur as a result
of clearing which is not authorized by a Tree Clearing
Permit, the Director may require from the applicant a
bond, letter of credit, or other means of security
acceptable to the City. The following provisions shall
apply in instances where such securities are required:
(1) The required security shall be submitted
prior to the issuance of a Tree Clearing Permit.
(2) The security shall be equal to City Staffs
best estimate of possible costs directly associated with
replacement of cleared vegetation which has not been
authorized to be cleared under a Tree Clearing Permit
(e.g. the replacement of vegetation approved for
retention, or the installation of replacement plantings
which the applicant has failed to install as required). In
no case shall the security exceed an amount equal to
2.5 times the current cost of replacing the plants per the
Tree Replacement requirements of this chapter.
(3) The security shall not be fully released
without final inspection and approval of completed
work by the City, submittal of any post - construction
evaluations, or following any prescribed trial mainten-
ance period required in the permit.
(4) Securities provided in accordance with this
chapter may be redeemed in whole or in part by the
City of Tukwila upon determination by the Director
that the applicant has failed to fully comply, within the
time specified, with approved plans and /or any
remedial or enforcement actions mandated in
accordance with this chapter.
(Ord. 1758 §1(part), 1995)
18.54.130 Permit Approval Criteria.
To the extent that vegetation retention and/or
replacement is consistent with project feasibility or
reasonable use of the property, vegetation clearing shall
be planned and conducted to meet all of the criteria
below. These criteria shall be the basis for approval,
approval with conditions or denial of any tree clearing
included in a Tree Clearing Permit application.
(1) Tree Retention — Site improvements
shall be designed and constructed to retain as many
existing healthy trees as possible, and to meet the
following criteria:
(A) Priority shall be given to retention of
existing stands of trees, trees at site perimeter, trees
within the shoreline Low Impact Environment, in
Sensitive Areas or Sensitive Area Buffers, and healthy
mature trees.
December 4, 1995 Page 18-93
TUKWILA MUNICIPAL CODE
(B) All understory vegetation within the
essential root zone of protected trees shall be:
(i) retained; OR
(ii) removed by methods which are
non- damaging to the tree, and replaced with vegetation
with horticultural requirements which are compatible
with protected trees.
(C) Vegetation removal shall be under-
taken in such a manner as to preserve, to the degree
possible, the aesthetic and ecological benefits provided
by such vegetation.
(2) Tree Protection Measures —
(A) The proposal shall include tree protec-
tion measures which meet or exceed best manage-
ment practices and current standards of professional
arboriculture, and which are sufficient to ensure the
viability of protected trees and other vegetation identi-
fied for retention pursuant to requirements of this
chapter, and shall include measures sufficient to protect
any Sensitive Area, its Buffer and vegetation within the
shoreline Low Impact Environment.
(B) During clearing and /or construction
activities, all protected vegetation shall be surrounded
by protective fencing which prevents adverse impacts
associated with clearing from intruding into areas of
protected vegetation.
(3) Tree Replacement -- The site shall be
planted with trees to meet the following minimum
requirements:
(A) Each existing significant tree removed
shall be replaced with new tree(s), based on the size of
the existing tree as shown below, up to a maximum
density of 70 new trees per acre.
(B) Tree Replacement Ratios
Diameter of Existing
Tree Removed
No. of Replacement
Trees Required
4 - 8 inches
1
8 - 12 inches
2
12 - 18 inches
4
18 - 24 inches
G
>24 inches
l _ 8
(C) Prior to any vegetation removal, the
applicant shall demonstrate through a Landscape Plan,
Sensitive Area Mitigation Plan or other materials
required per the requirements of this chapter that
vegetation replacement will meet the following
minimum standards:
(1) Minimum sizes shall be 2.5 -inch
caliper for deciduous trees, 6 to 8 feet in height for
evergreen trees, 24 inches in height for shrubs, and 1
gallon for groundcover.
(ii) Replacement plants shall meet
current American Association of Nurserymen stan-
dards for nursery stock;
(iii) Planting and maintenance of
required replacement vegetation shall be in accordance
with best management practices for landscaping which
ensure the vegetation's long -term health and survival.
(4) Surrounding Environment— The timing
of, and methods to be used in any proposed vegetation
removal shall be such that impacts to protected
vegetation, wildlife, fisheries and the surrounding
environment are minimized.
(5) Tree Relocation — Tree relocation shall be
carried out according to best management practices, and
trees proposed for relocation shall have a reasonable
chance of survival.
(Ord. 1758 §1(part), 1995)
18.54.140 Permit exceptions.
(a) Exception Criteria
(1) The Director may grant exceptions from
the requirements of this chapter when undue hardship
may be created by strict compliance with the provi-
sions of this chapter. Any authorization for exception
may prescribe conditions deemed necessary or
desirable for the public interest, or necessary to meet
the intent of this chapter.
(2) An exception to this chapter shall not be
granted unless all of the following criteria are met:
(A) Strict compliance with the provisions
of this code may jeopardize project feasibility or reason-
able use of property.
(B) Proposed vegetation removal,
replacement, and any mitigative measures proposed,
are consistent with the purpose and intent given in this
chapter.
(C) The granting of the exception or
standard reduction will not be detrimental to the public
welfare or injurious to other property in the vicinity.
(3) In addition to the above criteria, the
Director may also consider any of the following in
reviewing an exception request:
(A) The recommendation of a certified
arborist supports the exception.
(B) The size of the site or project cannot
support the number of required replacement trees, and
off -site tree planting is proposed which furthers the
goals of this chapter and other City policies.
(C) On -site planting of all required
replacement trees is not feasible, and the project
includes an equivalent contribution in funds and /or
labor and materials for off -site tree planting as jointly
agreed by the applicant and Director.
(D) Smaller -sized replacement plants are
more suited to the species, site conditions, and to the
purposes of this chapter, and are planted in sufficient
quantities to meet the intent of this chapter.
(b) Retention and Replacement of Canopy
Cover — or undeveloped sites or sites with dense
stands of trees, where the cost of identification of
individual tree species and sizes is inordinate relative
to the project, the Director may allow the applicant to
Page 18-94
December 4, 1995
TITLE 18 — ZONING
use the tree canopy cover approach outlined below to
calculate retention and replacement of trees:
(1) The site shall have a minimum canopy
cover equal to 20% of the site area, or equal to the
existing canopy cover whichever is less.
(2) To meet the requirements for site canopy
cover, canopy cover may consist of any combination of
existing trees and replacement trees. Canopy cover of
each new tree shall be calculated at 314 square feet.
(c) Exception Procedures — An application for
any exception from this chapter shall be submitted in
writing by the property owner to the Director, and
shall accompany the application for a Tree Clearing
Permit. Such application shall fully state all substantiat-
ing facts and evidence pertinent to the exception
request, and include supporting maps or plans. The
Director shall not grant an exception unless and until
sufficient reasons justifying the exception are provided
by the applicant.
(Ord. 1758 §1(part), 1995)
18.54.150 Permit processing and duration.
(a) If the proposed vegetation clearing and permit
application meet the requirements of this chapter, the
Director shall approve the application and issue the
Tree Clearing Permit.
(b) If the Tree Clearing Permit application is not
approved, the Director shall inform the applicant in
writing of the reasons for disapproval.
(c) From the date of issuance, permits shall be
valid for a period of 180 days.
(Ord. 1758 §1(part), 1995)
18.54.160 Permit conformance.
(a) Plan conformance — All work must be per-
formed in accordance with approved Permit plans
specified in this chapter or revised plans as may be
determined by the Director. The applicant shall obtain
permission in writing from the Director prior to modi-
fying approved plans.
(b) Tree Protection Measures — All tree and
vegetation protection measures shown on approved
permit drawings shall be installed prior to initiation of
any clearing or land - altering activity.
(c) Protection of Property — The applicant shall
at all times protect improvements to adjacent private
properties and public rights -of -way or easements from
damage during clearing. The applicant shall restore to
the standards in effect at the time of the issuance of the
permit any public or private improvements damaged
by the applicant's operations.
(d) Maintenance Responsibility — All protected
and replacement trees and vegetation shown in
approved Tree Clearing Permit materials shall be
maintained in healthy condition by the property
owner throughout the life of the project, unless
otherwise approved by the Director in a subsequent
Tree Clearing Permit.
(Ord. 1758 §1(part), 1995)
18.54.170 Violations.
The following actions shall be considered
violations of this chapter: clearing, planting, relocation,
or maintenance of vegetation not authorized under or
in accordance with an approved Tree Clearing Permit,
where such permit is required, or not in accordance
with the provisions of this chapter. Each tree which is
cleared, not replaced or not maintained as required by
this chapter shall constitute a separate violation.
(Ord. 1758 §1 (part), 1995)
18.54.180 Enforcement.
(a) General In addition to the Notice and Order
measures prescribed in TMC 8.45, Civil Violations, as
now in effect or as amended hereafter, the Director
may take any or all of the enforcement actions
prescribed in this Ordinance to ensure compliance
with, and /or remedy a violation of this Ordinance;
and /or when immediate danger exists to the public or
adjacent property, as determined by the Director.
(1) The Director may post the site with a "Stop
Work" order directing that all vegetation clearing not
authorized under a Tree Clearing Permit cease
immediately. The issuance of a "Stop Work" order
may include conditions or other requirements which
must be fulfilled before clearing may resume.
(2) The Director may, after written notice is
given to the applicant, OR after the site has been posted
with a "Stop Work" order, suspend or revoke any Tree
Clearing Permit issued by the City.
(3) No person shall continue clearing in an
area covered by a Stop Work order, or during the
suspension or revocation of a Tree Clearing Permit,
except work required to correct an imminent safety
hazard as prescribed by the Director.
(b) Injunctive relief — Whenever the Director
has reasonable cause to believe that any person is
violating or threatening to violate this chapter or any
provision of an approved Tree Clearing Permit, the
Director may institute a civil action in the name of the
City for injunctive relief to restrain the violation or
threatened violation. Such civil action may be
instituted either before or after, and in addition to, any
other action, proceeding or penalty authorized by this
chapter or TMC 8.45.
(c) Inspection access —
(1) The Director may inspect a property for the
purpose of inspection for compliance with the
provisions of a Tree Clearing Permit or this chapter,
consistent with TMC 8.45.070, Authority to Inspect.
(2) Where deemed necessary by the Director
to ensure compliance with permit requirements, upon
completion of all requirements of a Tree Clearing
Permit, the applicant shall request a final inspection by
contacting the Director. The permit process is complete
upon final approval by the Director.
(d) Remedial Measures Required — In addition
to penalties provided for in this chapter, the Director
December 4, 1995
Page 18 -95
TUKWILA MUNICIPAL CODE
may require any person conducting vegetation clearing
in violation of this chapter to mitigate the impacts of
clearing by carrying out remedial measures. The
following provisions shall apply in instances where
such remedial measures are required:
(1) The applicant shall satisfy the permit
provisions as specified in this chapter.
(2) Remedial measures must conform to the
purposes and intent of this chapter. In addition,
remedial measures must meet the standards specified
in this chapter, and applicable standards for mitigation
outlined in the Sensitive Areas Overlay District chapter
of this title.
(3) Remedial measures must be completed to
the satisfaction of the Director within 6 months of the
date a Notice and Order is issued pursuant to TMC
8.45.040, or within the time period otherwise specified
by the Director.
(4) The cost of any remedial measures
necessary to correct violation(s) of this chapter shall be
borne by the property owner and /or applicant. Upon
the applicant's failure to implement required remedial
measures, the Director may redeem all or any portion
of any security submitted by the applicant to
implement such remedial measures, pursuant to the
provisions of this chapter.
(Ord. 1758 §1(part), 1995)
18.54.190 Liability.
(a) Liability for any adverse impacts or damages
resulting from work performed in accordance with a
Tree Clearing Permit issued on behalf of the City
within the City limits, shall be the sole responsibility
of the owner of the site for which the permit was
issued.
(b) Issuance of a Tree Clearing Permit and /or
compliance with permit provisions or conditions shall
not relieve an applicant from any responsibility
otherwise imposed by law for damage to persons or
property in an amount greater than the insured amount
required by this chapter.
(e) Nothing contained in this chapter shall be
deemed to relieve any property owner within the City
limits from the duty to keep any tree or vegetation
upon his property or under his control in such
condition as to prevent it from constituting a hazard or a
nuisance, per TMC 8.28.
(d) The amount of any security shall not serve as a
gauge or limit to the compensation collected from a
property owner as a result of damages associated with
any vegetation clearing.
(Ord. 1758 §1(part), 1995)
18.54.200 Conflicts with existing codes and
ordinances.
(a) Whenever conflicts exist between this chapter
and federal, State or local laws, ordinances or
regulations, the more restrictive provisions shall apply.
(b) Neither this chapter nor any administrative
decisions made under it exempts the permittee from
procuring other required permits or complying with
the requirements and conditions of such a permit.
(Ord. 1758 §1(part), 1995)
Page 18 -96
December 4, 1995
TITLE 18 — ZONING
Chapter 18.56
OFF- STREET PARKING AND
LOADING REGULATIONS
Sections:
18.56.010
18.56.020
18.56.030
18.56.040
18.56.050
18.56.060
18.56.070
18.56.080
18.56.085
18.56.090
18.56.100
18.56.110
18.56.120
Purpose.
Chapter application.
Reduction of existing parking spaces.
General requirements.
Required number of parking spaces.
Loading space requirements.
Cooperative parking facility.
Parking for the handicapped.
Commercial vehicles in residential areas.
Compact car allowance.
Uses not specified.
Landscaping and screening.
Filing of plans.
18.56.010 Purpose.
It is the purpose of this chapter to provide for
adequate, convenient, and safe off- street parking and
loading areas for the different land uses described in
this title.
(Ord. 1758 §1(part), 1995)
18.56.020 Chapter application.
Off- street parking and loading spaces shall be
provided as an accessory use in all zones in accordance
with the requirements of this chapter, at the time any
building or structure is erected, enlarged or at the time
there is a change in its principal use.
(Ord. 1758 §1(part), 1995)
18.56.030 Reduction of existing parking spaces.
Any off - street parking area already in use or
established hereafter shall not be reduced below the
limits required by this chapter by the construction of
any addition to a building or structure, nor by the
erection of an additional building or structure on the
property.
(Ord. 1758 §1(part), 1995)
18.56.040 General requirements.
Any required off- street parking and loading facilities
shall be developed in accordance with the following
standards:
(1) Location.
(A) Any on- premises parking area which
contains parking stalls located more than 1,000 feet
from the principal use shall require Board of
Architectural Review approval for the entire parking lot.
(B) Off- premises parking areas shall be
provided through a deed or easement or other legally
binding agreement running with the land, the term of
which shall be at least as long as the reasonable life of
the premises served thereby, or in lieu thereof, obtain
a conditional use permit, issued pursuant to the
requirements and procedures of the Conditional Use
Permits chapter of this title.
(2) Minimum parking area dimensions for
surface and structured parking facilities shall be as
provided in Figure 18 -6.
(3) Tandem Parking Spaces. In the MDR and
HDR zones, tandem spaces (where one car is parked
directly behind another) will be allowed for each three
bedroom and 1/3 of all two bedroom units. No more
than 1/3 of all project parking spaces may be tandem
and all tandem parking spaces will be designed for full
size rather than compact size vehicles based on the
dimensions in Figure 18 -6.
(4) Parking Area and Parking Area Entrance
and Exit Slopes. The slope of off - street parking spaces
shall not exceed 5 %. The slope of entrance and exit
driveways providing access for off- street parking areas
and internal driveway aisles without parking stalls
shall not exceed 15%.
(5) Driveways and Maneuverability.
(A) Adequate ingress to and egress from
each parking space shall be provided without moving
another vehicle and without backing more than 50
feet.
- (B) Turning and maneuvering space shall
be located entirely on private property unless
specifically approved by the Public Works Director and
the Board of Architectural Review.
(C) All parking spaces shall be internally
accessible to one another without reentering adjoining
public streets.
(D) When off - street parking is provided in
the rear of a building and a driveway or lane alongside
the building provides access to rear parking area, such
driveway shall require a minimum width of twelve
feet and a sidewalk of at least a three -foot section,
adjoining the building, curbed or raised six inches
above the driveway surface.
(E) Ingress and egress to any off - street
parking lot shall not be located closer than 20 feet from
point of tangent to an intersection.
(F) The Public Works Director 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 or
concrete 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.
December 4, 1995
Page 18 -97
TUKWILA MUNICIPAL CODE
(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, or off the parking lot or strike
buildings. Wheel stops shall be two feet from the end
of the stall of head -in parking.
(8) Parallel parking stalls shall be designed so
that doors of vehicles do not open onto the public right -
of -way.
(9) Obstructions. No obstruction which
would restrict car door opening shall be permitted
within five feet of the centerline of a parking space
(10) Lighting. Any lighting on a parking lot
shall illuminate only the parking lot, designed to avoid
undue glare or reflection on adjoining premises.
(11) Curb -cuts. All parking areas shall have
specific entrance and /or exit areas to the street. The
width of access roads and curb -cuts shall be
determined by the Public Works 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) No commercial trucks over 8,000 pounds
gross vehicle weight, machinery, bulldozers, or similar
construction equipment shall be allowed to be stored
or parked in a residential zone.
(13) Parking stalls shall not be used for
permanent or semi- permanent parking or storage of
trucks or materials.
(Ord. 1758 §1(part), 1995)
18.56.050 Required number of parking spaces.
The minimum number of off -street parking spaces
for the listed uses shall be as shown in Figure 18 -7.
(Ord. 1758 §1(part), 1995)
18.56.060 Loading space requirements.
Off- street space for standing, loading and unloading
services shall be provided in such a manner as not to
obstruct freedom of traffic movement on streets or
alleys. For all office, commercial, and industrial uses,
each loading space shall consist of at least a ten -foot by
30 -foot loading space with 14 -foot height clearance for
small trucks such as pickup trucks, or a 12 -foot by 65-
foot loading space with 14 -foot height clearance for large
trucks, including tractor - trailer large spaces. The
prescribed number of spaces required are as follows:
Loading Space Requirements
Square Feet of Gross Floor Area
(Except Basement Area)
Number of
Spaces
Office Buildings, Hotels,
Hospitals, and Institutions
1
3,000 to
100,000
2
100,000 to
335,000
3
335,000 to
625,000
4
625,000 to
945,000
5
945,000 to
1,300,000
6
1,300,000 to
1,695,000
7
1,695,000 to
2,130,000
8
2,130,000 to
2,605,000
9
2,605,000 to
3,120,000
10
3,120,000 to
3,675,000
Number of
Spaces
Other Commercial and Industrial
Buildings (30% minimum large spaces)
1
Under10,000
2
10,000 to
25,000
3
25,000 to
85,000
4
85,000 to
155,000
5
155,000 to
235,000
6
235,000 to
325,000
7
325,000 to
425,000
8
425,000 to
535,000
9
535,000 to
655,000
10
655,000 to
775,000
11
775,000 to
925,000
These requirements may be modified by the
Planning Commission upon appeal and after hearing,
where the Commission finds that such reduction will
not result in injury to neighboring property or obstruc-
tion of fire lanes or traffic and will be in harmony with
the purposes and intent of this chapter.
(Ord. 1758 §1(part), 1995)
18.56.070 Cooperative parking facility.
When two or more uses occupy the same building
or when two or more buildings or uses cooperatively
share an off -street parking facility, the total require-
ments for off -street parking and loading facilities shall be
at least the sum of the requirements for the greater of
the uses at any one time or as deemed necessary by
the Planning Commission. All applications for cooper-
ative parking shall be reviewed and approved by the
Planning Commission.
(Ord. 1758 §1(part), 1995)
18.56.080 Parking for the handicapped.
(I) Application. Parking for the handicapped
shall be provided in all parking lots and garages except
for parking areas accessory to buildings and portions
thereof not customarily occupied by humans, and resi-
Page 18-98 December 4, 1995
TITLE 18 — ZONING
dences, apartment houses, boarding and rooming
houses with ten or fewer dwelling units.
(2) Minimum Requirement. A minimum of
one parking space and not less than one additional
space for every 100 spaces, with a maximum of 35
spaces shall meet the requirements of this section.
(3) Location and Size. The required spaces
shall be those nearest the primary public building en-
trance of the building or buildings served, shall abut the
accessible route of travel, and shall not be less than
twelve feet six inches wide. The surface shall be firm,
stable, smooth, non -slip, and shall slope not more than
1 in 50.
(4) Curb -cuts. Where any curb occurs
between the accessible route of travel and any parking
space required by this section, curb -cuts shall be pro-
vided for each such parking space. The curb shall be
located so that disabled persons may gain access to the
accessible route of travel directly from the parking
space without entering a vehicular roadway.
(5) Signage. Parking spaces required by this
section shall be identified by a sign centered from four
feet to five feet above grade, at the head of the required
parking space, marked with the international symbol of
access. The sign shall also indicate that such space is
reserved for disabled persons authorized to display the
Washington State disabled overtime parking permit on
or in their vehicles.
(Ord. 1758 §1(part), 1995)
18.56.085 Commercial vehicles in residential
areas.
(a) Definitions, For purposes of this chapter:
(1) "Commercial vehicle" means:
(A) Any truck over 8,000 pounds gross
vehicle weight, the principal use of which is the
transportation of commodities, merchandise, produce,
freight or animals, or
(B) Bulldozers, cranes and similar con-
struction equipment;
(2) "Residential area" means any district
which is zoned LDR, MDR, HDR by the City.
(b) Conduct Prohibited. No person shall park a
commercial vehicle upon any street, alley, or drive-
way in a residential district, except:
(1) While loading or unloading;
(2) When necessary to avoid conflict with
other traffic or in compliance with law or the directions
of a peace officer or a traffic- control device; or
(3) In order to make recurring repairs.
(c) Penalty. Any person violating shall, upon con-
viction thereof, be punished by a fine of not more than
$500.00 and/or imprisonment for not more than 90
days.
(Ord 1758 §1(part), 1995)
18.56.090 Compact car allowance.
(1) A maximum of 30% of the total required
off - street parking stalls may be permitted and
designated for compact cars.
(2) Each compact stall shall be designated as
such.
(3) Dimensions of compact parking stalls shall
conform to the standards as depicted in Figure 18 -6 of
this chapter.
(Ord. 1758 §1(part), 1995)
18.56.100 Uses not specified.
In the case of a use not specifically mentioned in
this chapter, the requirements for off -street parking
facilities shall be determined by the Director. Such
determination shall be based upon the requirements
for the most comparable use specified in this chapter.
(Ord. 1758 §1(part), 1995)
18.56.110 Landscaping and screening.
Landscaping and screening requirements shall be
as provided in the Landscape, Recreation, Recycling/
Solid Waste Space Requirements chapter of this title.
(Ord. 1758 §1(part), 1995)
18.56.120 Filing of plans.
Detailed plans of off- street parking areas, indicating
the proposed development including the location, size,
shape, design, curb -cuts, adjacent streets, circulation of
traffic, ingress and egress to parking lots and other
features and appurtenances of the proposed parking
facility, shall be filed with and reviewed by the DCD.
The parking area shall be developed and completed to
the required standards before an occupancy permit for
the building may be issued.
(Ord 1758 §1(part), 1995)
December 4, 1995
Page 18 -99
A
B
C
D
E
F
Parking
Angle
Stall Width
Stall Depth
Aisle
1 -way Traffic
Width
2- waXTraffic
Curb Length
per Car
Unit
1 -way Traffic
Width
2 -way Traffic
00
8.0*
8.0*
20.0*
28.0*
36.0*
8,5
8.5
_
12.0
20.0
23.0
29.0
37.0
20°
8.0*
13.0
23.4*
37.0*
46.0*
8.5
14.5 _
11.0
20.0
24.9
40.0
49.0
9.0
15.0
11.0
20.0
26.3
41.0
50.0
9.5
15.5
11.0
20.0
27.8
42.0
51.0
30°
8A*
14.9*
16.0*
40.8*
49.8*
8.5
16.9
11.0
20.0
17.0
44.8
53.8
9.0
17.5
11.0
20.0
18.0
45.6
54.6
9.5
17,8
11.0
20.0
19.0
46.6
55.6
40*
8.0*
16.4*
12.5*
44.8*
52.8'
8.5
18.7
12.0
20.0
13.2
49.4
57.4
9.0
19.1
12.0
20.0
14.0
50.2
58.2
9.5
19.5
12.0
20.0
14.8
51.0
59.0
45°
8.0*
17.0'
11.3*
46.5'
54.0*
8.5
19.4
12,5
20.0
12.0
51,3
58.8
9.0
19.8
12.0
20.0
12.7
51.6
59.6
9.5
20.1
12.0
20.0
13.4
52.2
60.2
50°
8.0*
17.4*
10.4*
47.3'
54.8*
8.5
20.0
12.5
20.0
11.1
52.5
60,0
9.0
20.4
12.0
20.0
11.7
52.8
60.8
9.5
20.7
12.0
20,0
12.4
53.4
61.4
60°
8.0*
_
17.9*
9.2*
53.3*
55.8*
8.5
20.7
17.5
20.0
9.8
58.9
61.4
9.0
21.0
17.0
20.0
10.4
59.0
62.0
9.5
21.2
16.5
20.0
11.0
58.9
62.4
70*
8.0*
17.8*
8.5*
55.1*
55,6*
8.5
20.8
19.5
20.0
9.0
61.1
61.6
9.0
21.0
19.0
20.0
9.6
61.0
62.3
9.5
21.2
18.5
20.0
10.1
60.9
62.4
80*
8.0*
17.2*
8.1*
57.4*
58.4'
8.5
20.2
23.0
24.0
8.6
63.4
64.4
9.0
20.3
22.0
24.0
9.1
62.6
64.6
9.5
20.4
21.0
24.0
9.6
61.8
64.8
90*
8.0*
_
16.0*
8.0*
56.0*
57.0'
8.5
19.0
24.0
25.0
8.5
62.0
63.0
9.0
19.0
23.0
24.0
9.0
61,0
62.0
9.5
19,0
22.0
24.0
9.5
60.0
62.0
*These ftgre5 are for t15e with compact care oily.
( Any bays which cortah cambhe4 carpact and normal
spaces shall be desq+ed for rrantal spaces.) G 19'
60 feet may be air /Wed for required trait width
on lots where the available width 15 in 5Q -foot while
mittples, 40 feet may be used fcr s e park>rq
bay ( row) . at 90d ecree awl a twrrway traffic
aisle when arly a shale 40 feet lot 15 amiable,
In both cases, a /own 9 -1/ 2 foot stall width
54 be provided.
404
'4
G r
Off- 5lreer parking
Area P lmen510115
hlrve 18 -6
Single - family and multi - family
dwellings
2 for each dwelling unit; additional parking may be required for home occu-
pations and accessory dwelling units as otherwise proved by this title
Business and commercial
buildings, excluding retail sales
2.5 for each 1,000 square feet of gross floor area
Churches, mortuaries and
funeral homes
1 for each 5 fixed seats
Convalescent/nursing /
rest homes
1 for every 4 beds with a minimum of 10 stalls
_
Fast food restaurant
1 for each 50 square feet of gross floor area
Food stores and markets
l for each 300 square feet of gross floor area
High schools
1 for each staff member plus 2 for every 5 students or visitors
Hospitals
1 for each bed
Hotels and motels
1 for each room
Industrial buildings
1 for each 1,000 square feet of gross floor area
Office and professional buildings,
banks, dental and medical clinics
2.5 for each 1,000 square feet of gross floor area
Outdoor sports areas or parks
Shall be determined by Planning Commission
Places of public assembly,
including auditoriums, exhibition
halls, community clubs,
community centers (except for
community centers owned or
operated by the City of Tukwila),
theaters, and private clubs.
The Director shall determine the number of required parking spaces within
the following range:
Minimum of 1 space for every 100 square -feet of assembly area.
Maximum of 1 space for every 60- square -feet of assembly area.
To ensure parking adequacy for each proposal, the Director may consider
the following:
a. A parking study or documentation paid for by the applicant and
administered by the City regarding the actual parking demand for the
proposed use, or
b. Evidence in available planning and technical studies relating to the
proposed use.
1 space for each 200 square feet of gross floor area
Community centers owned or
operated by the City of Tukwila
Post offices
3 for each 1,000 square feet of gross floor area
Public facilities, including
libraries, police and fire stations
Shall be determined by the Planning Commission
Restaurant
1 for each 100 square feet of gross floor area
Retail sales
4 for each 1,000 square feet of gross floor area if located within the TUC
or TVS zoning districts; 2.5 for each 1,000 square feet of gross floor area if
located in any other zoning district.
Schools, including elementary,
Junior high, private and parochial
schools
1.5 for each staff member
Shot tin : center mall •tanned er a oss leasable floor area size as listed below
600,000 sq. ft. 5 for every 1,000 sq. ft.; restaurant factor — minus 4 stalls per 1,000 sq. ft.
or larger of gross restaurant floor area; theater factor — plus 3 stalls per every 100
seats over initial 750 seats
400,000 — 599,999 sq. ft. 4 to 5 for every 1,000 sq. ft. per linear progression; restaurant factor — no
additional parking; theater factor — plus 3 stalls per 100 seats over initial
750 seats
200,000 — 399,999 sq. ft. 4 for every 1,000 sq. ft.; restaurant factor — no additional parking; theater
factor — plus 3 stalls per 100 seats over initial 750 seats
100,000 — 199,999 sq. ft. 4 for every 1,000 sq. ft.; restaurant factor — plus 6 stalls per 1,000 sq. ft. of
gross restaurant floor area; theater factor — plus 3 stalls per 100 seats over
initial 450 seats
25,000 — 4 for every 1,000 sq. ft.; restaurant factor — plus 10 stalls per 1,000 sq. ft.
99,999 of gross restaurant floor area theater factor — plus 3 stalls per 100 seats,
sq. ft_ provided cinema occupies 10% or more of total gross leasable area
Taverns 1 1 for every 4 persons based on occupancy load.
TUKWILA MUNICIPAL CODE
Chapter 18.60
BOARD OF ARCHITECTURAL REVIEW
Sections;
18.60.010
18.60.020
18.60.030
18.60.040
18.60.050
18.60.053
18.60.055
18.60.070
Purpose and objectives.
Membership.
Scope of authority.
Application requirements.
Review guidelines.
Multi- family review guidelines.
Hotel and motel review guidelines.
Action by Board of Architectural Review.
18.60.010 Purpose and objectives.
It is the purpose of this chapter to provide for the
review by public officials of land development and
building design in order to promote the public health,
safety and welfare. Specifically, the. Board of Architec-
tural Review ( "BAR ") shall only approve well designed
developments that are creative and harmonious with
the natural and manmade environments.
(Ord. 1758 §1 (part), 1995)
18.60.020 Membership.
The Board of Architectural Review shall consist of
the members of the Planning Commission. The offi-
cers of the Planning Commission shall also sit as
officers of the Board of Architectural Review.
(Ord. 1758 §1(part), 1995)
18.60.030 Scope of authority.
(1) The rules and regulations of the Board of
Architectural Review shall be the same as those stated
for the Planning Commission in the bylaws of the
Tukwila Planning Commission. The Board shall have
the authority to approve, approve with conditions, or
deny all plans submitted to it based on a clear demon-
stration of compliance with all of the guidelines of this
chapter.
(2) The Board of Architectural Review shall
review proposed development plans for the following
described land use actions:
(A) All developments will be subject to
design review with the following exceptions:
(i) Developments in LDR districts,
(ii) Developments exempted in the
various districts,
(iii) Developments in LI, HI, MIC /L,
MIC /H and TVS districts except when within 300 feet
of residential districts or within 200 feet of the
Green /Duwamish River or that require a shoreline
permit;
(B) Any exterior repair, reconstruction,
cosmetic alterations or improvements, the cost of
which equals or exceeds 10% of the building's
assessed valuation, of any existing commercial devel-
opment in excess of 10,000 gross square feet in
building floor area in MUO, 0, RCC, NCC, RC, RCM
TUC and C /Li zoning districts.
(3) No changes shall be made to BAR approved
designs without further BAR approval and considera-
tion of the change in the context of the entire project;
except that the Director is authorized to approve minor,
insignificant modifications which have no impact on
the project design.
(Ord. 1758 §1(part), 1995)
18.60.040 Application requirements.
All applications shall be accompanied by a filing fee
as required in the Application Fees chapter of this title
and shall include, but are not limited to, site plans,
exterior building elevations, an environmental
checklist if applicable, and other materials as required
by the DCD. Models and /or photo montages shall be
required for multi - family projects over six (6) dwelling
units. Exemptions for minor projects may be granted
by the Director. Minor projects shall include, but not
be limited to, new interior garages, dumpster
screening, and other changes which have no
significant affect on project design.
Building permit applications shall not be granted
until approval of plans by the BAR.
(Ord 1758 §1(part), 1995)
18.60.050 Review guidelines.
The BAR is authorized to request and rely upon
any document, guideline, or other consideration it
deems relevant or useful to satisfy the purpose and ob-
jectives of this chapter, specifically including but not
limited to the following, which shall be considered in
all cases, except that developments containing multi-
family units shall use the multi- family design
guidelines of this chapter instead:
(1) Relationship of Structure to Site.
(A) The site should be planned to accom-
plish a desirable transition with streetscape and to
provide for adequate landscaping and pedestrian move-
ment;
(B) Parking and service areas should be
located, designed and screened to moderate the visual
impact of large paved areas;
(C) The height and scale of each building
should be considered in relation to the site.
(2) Relationship of Structure and Site to Adjoin-
ing Area.
(A) Harmony on texture, lines and
masses is encouraged;
(B) Appropriate landscape transition to
adjoining properties should be provided;
(C) Public buildings and structures should
be consistent with the established neighborhood
character;
(D) Compatibility of vehicular pedestrian
circulation patterns and loading facilities in terms of
Page 18 -100 December 4, 1995
TITLE 18 — ZONING
safety, efficiency and convenience should be encour-
aged;
(E) Compatibility of on -site vehicular cir-
culation with street circulation should be encouraged.
(3) Landscaping and Site Treatment.
(A) Where existing topographic patterns
contribute to beauty and utility of a development, they
should be recognized, preserved and enhanced;
(B) Grades of walks, parking spaces,
terraces and other paved areas should promote safety
and provide an inviting and stable appearance;
(C) Landscape treatment should enhance
architectural features, strengthen vistas and important
axis, and provide shade;
(D) In locations where plants will be
susceptible to injury by pedestrian or motor traffic,
mitigating steps should be taken;
(E) Where building sites limit planting, the
placement of trees or shrubs in paved areas is encour-
aged;
(F) Screening of service yards, and other
places which tend to be unsightly, should be accom -
plished by use of walls, fencing, planting or combina-
tion;
(G) In areas where general planting will
not prosper, other materials such as fences, walls and
paving of wood, brick, stone or gravel may be used;
(H) Exterior lighting, when used, should
enhance the building design and the adjoining land-
scape. Lighting standards and fixtures should be of a
design and size compatible with the building and adja-
cent area. Lighting should be shielded, and restrained
in design. Excessive brightness and brilliant colors
should be avoided.
(4) Building Design.
(A) Architectural style is not restricted,
evaluation of a project should be based on quality of its
design and relationship to its surroundings;
(B) Buildings should be to appropriate
scale and in harmony with permanent neighboring
developments;
(C) Building components such as win-
dows, doors, eaves, and parapets should have good
proportions and relationship to one another. Building
components and ancillary parts shall be consistent with
anticipated life of the structure;
(D) Colors should be harmonious, with
bright or brilliant colors used only for accent;
(E) Mechanical equipment or other utility
hardware on roof, ground or buildings should be
screened from view;
(F) Exterior lighting should be part of the
architectural concept. Fixtures, standards, and all ex-
posed accessories should be harmonious with building
design;
(G) Monotony of design in single or mul-
tiple buildings projects should be avoided. Variety of
detail, form and siting should be used to provide visual
interest.
(5) Miscellaneous Structures and Street Furni-
ture.
(A) Miscellaneous structures and street
furniture should be designed to be part of the architec-
tural concept of design and landscape. Materials should
be compatible with buildings, scale should be appro-
priate, colors should be in harmony with buildings and
surroundings, and proportions should be to scale;
(B) Lighting in connection with miscella-
neous structures and street furniture should meet the
guidelines applicable to site, landscape and buildings.
(Ord. 1758 §1 (part), 1995)
18.60.053 Multi- family review guidelines.
In reviewing any application, the following guide-
lines shall be used by the BAR in its decision making.
The applicant shall bear the full burden of proof that the
proposed development plans satisfy all of the review
guidelines. The BAR may modify a literal interpreta-
tion of the review guidelines if, in their judgment,
such modification(s) better implement the Compre-
hensive Plan goals, objectives and policies.
(1) Site Planning.
(A) Building siting, architecture, and land-
scaping shall be integrated into and blend harmonious-
ly with the neighborhood building scale, natural envi-
ronment, and development characteristics as envi-
sioned in the Comprehensive Plan. For instance, a
multi- family development's design need not be har-
moniously integrated with adjacent single family struc-
tures if that existing single family use is designated as
"Commercial" or "High Density Residential" in the
Comprehensive Plan. However, a "Low Density Res-
idential" (detached single family) designation would
require such harmonious design integration.
(B) Natural features which contribute to
desirable neighborhood character shall be preserved to
the maximum extent possible. Natural features
include, but are not limited to, existing significant trees
and stands of trees, wetlands, streams, and significant
topographic features.
(C) The site plan shall use landscaping and
building shapes to form an aesthetically pleasing and
pedestrian scale streetscape. This shall include, but not
be limited to facilitating pedestrian travel along the
street, using architecture and landscaping to provide a
desirable transition from streetscape to the building, and
providing an integrated linkage from pedestrian and
vehicular facilities to building entries.
(D) Pedestrian and vehicular entries shall
provide a high quality visual focus using building siting,
shapes, and landscaping. Such a feature establishes a
physical transition between the project and public
areas, and establishes the initial sense of high quality
development.
December 4, 1995 Page 18-101
TUKWILA MUNICIPAL CODE
(E) Vehicular circulation design shall min-
imize driveway intersections with the street.
(F) Site perimeter design (Le. landscaping,
structures, and horizontal width) shall be coordinated
with site development to ensure a harmonious transi-
tion between adjacent projects.
(G) Varying degrees of privacy for the
individual residents shall be provided; increasing from
the public right -of -way, to common areas, to individual
residences. This can be accomplished through the use
of symbolic and actual physical barriers to define the
degrees of privacy appropriate to specific site area func-
tions.
(H) Parking and service areas shall be
located, designed, and screened to interrupt and reduce
the visual impact of large paved areas;
(I) The height, bulk, footprint, and scale of
each building shall be in harmony with its site and
adjacent long -term structures.
(2) Building Design.
(A) Architectural style is not restricted,
evaluation of a project shall be based on the quality of
its design and its ability to harmonize building texture,
shape, lines and mass with the surrounding neighbor-
hood;
(8) Buildings shall be of appropriate
height, scale, and design /shape to be in harmony with
those existing permanent neighboring developments
which are consistent with, or envisioned in, the Com-
prehensive Plan. This will be especially important for
perimeter structures. Adjacent structures which are
not in conformance with the Comprehensive Plan
should be considered to be transitional. The degree of
architectural harmony required should be consistent
with the non - conforming structure's anticipated per-
manence;
(C) Building components, such as win-
dows, doors, eaves, parapets, stairs and decks shall be
integrated into the overall building design. Particular
emphasis shall be given to harmonious proportions of
these components with those of adjacent develop-
ments. Building components and ancillary parts shall
be consistent with the anticipated life of the structure;
(D) The overall color scheme shall work
to reduce building prominence and shall blend in with
the natural environment.
(E) Monotony of design in single or mul-
tiple building projects shall be avoided. Variety of
detail, form, and siting shall be used to provide visual
interest. Otherwise monotonous flat walls and uni-
form vertical planes of individual buildings shall be
broken up with building modulation, stairs, decks,
railings, and focal entries. Multiple building develop-
ments shall use siting and additional architectural vari-
ety to avoid inappropriate repetition of building designs
and appearance to surrounding properties.
(3) Landscape and Site Treatment
(A) Existing natural topographic patterns
and significant vegetation shall be reflected in project
design when they contribute to the natural beauty of
the area or are important to defining neighborhood
identity or a sense of place;
(B) Landscape treatment shall enhance
existing natural and architectural features, help separate
public from private spaces, strengthen vistas and
important views, provide shade to moderate the affects
of large paved areas, and break up visual mass;
(C) Walkways, parking spaces, terraces,
and other paved areas shall promote safety and
provide an inviting and stable appearance. Direct pedes-
trian linkages to the public street, to on -site recreation
areas, and to adjacent public recreation areas shall be
provided;
(D) Appropriate landscape transition to
adjoining properties shall be provided;
(4) Miscellaneous Structures.
(A) Miscellaneous structures shall be
designed as an integral part of the architectural concept
and landscape. Materials shall be compatible with
buildings, scale shall be appropriate, colors shall be in
harmony with buildings and surroundings, and struc-
ture proportions shall be to scale;
(B) Screening of service yards, and other
places which tend to be unsightly, shall be accom-
plished by the use of walls, fencing, planting, berms, or
combinations of these. Screening shall be effective in
winter and summer;
(C) Mechanical equipment or other utility
hardware on roof, ground or buildings shall be
screened from view. Screening shall be designed as
an integral part of the architecture (i.e., raised parapets
and fully enclosed under roof) and landscaping;
(DJ Exterior lighting standards and fixtures
shall be of a design and size consistent with safety,
building architecture and adjacent area. Lighting shall
be shielded, and restrained in design with no off -site
glare spill over. Excessive brightness and brilliant
colors shall not be used unless clearly demonstrated to
be integral to building architecture.
(Ord. 1758 §1(part), 1995)
18.60.055 Hotel and motel review guidelines.
In reviewing any application for a hotel or motel,
guidelines listed in the "multi - family review
guideline" section of this chapter shall be used by the
BAR in its decision making.
(Ord. 1758 §1(part), 1995)
18.60.070 Action by Board of Architectural
Review.
(I) Approval. If the BAR approves the
proposed development, a building permit may be
issued by the appropriate City official providing all other
requirements of the building code and ordinances of
the City have been complied with.
Page 18 -102
December 4, 1995
TITLE 18 — ZONING
(2) Approval with Conditions. If the BAR
approves the proposed development plans with
conditions, it may require that such conditions shall be
fulfilled prior to the issuance of a building or occupancy
permit, where appropriate.
(3) Denial. The BAR may deny the
proposed development plans if the plans do not satisfy
the guidelines of this chapter.
(4) All decisions of the BAR shall be final
unless appealed.
(Ord. 1758 §1(part), 1 995)
Chapter 18.64
CONDITIONAL USE PERMITS
Sections:
18.64.010 Purpose.
18.64.020 Uses requiring a conditional use permit.
18.64.030 Application — Requirements and fees.
18.64.040 Application — Hearing — Notice.
18.64.050 Criteria.
18.64.060 Expiration and renewal.
18.64.070 Revocation of permit.
18.64.080 Performance bond and other security.
18.64.090 Resubmittal of application.
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 neighbor-
hood and land uses in the vicinity. The uses in this
chapter may be located in any district, unless specifi-
cally not permitted, by special permission of the
Planning Commission under such conditions as the
commission may impose.
(Ord 1758 §1(part), 1995)
18.64.020 Uses requiring a conditional use permit.
The conditional uses listed in the specified use
districts require a conditional use permit in order to
locate and operate in an appropriate zone district within
the City.
(Ord 1758 §1 (part), 1995)
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 and
shall contain the following documents:
(I) Completed application form with
environmental data;
(2) Affidavit of the ownership or of sub-
stantial beneficial interest in the subject property;
(3) Scaled site and building elevation
plans;
(4) Vicinity map;
(5) List of names and addresses of all
property owners within 300 feet of the subject site;
(6) Any other graphic materials required
to adequately describe the proposal.
(Ord. 1758 ,§ 1(pa rt), 1995)
18.64.040 Application — Hearing — Notice.
Upon completion of review of the proposed project
by the DCD, the Planning Commission shall schedule
a public hearing to consider the application for the
conditional use permit. Public notice for such hearing
December 4, 1995 Page 18-103
TUKWILA MUNICIPAL CODE
shall be made in accordance with the Public Notice of
Hearing chapter of this title.
(Ord. 1758 §1(part), 1995)
18.64.050 Criteria.
The Planning Commission shall be guided by the
following criteria in granting a conditional use permit:
(1) The proposed use will not be materi-
ally detrimental to the public welfare or injurious to the
property or improvements in the vicinity of the
proposed use or in the district in which the subject
property is situated;
(2) The proposed use shall meet or
exceed the performance standards that are required in
the district it will occupy;
(3) The proposed development shall be
compatible generally with the surrounding land uses
in terms of traffic and pedestrian circulation, building
and site design;
(4) The proposed use shall be in keeping
with the goals and policies of the Comprehensive Land
Use Policy Plan;
(5) All measures have been taken to
minimize the possible adverse impacts which the
proposed use may have on the area in which it is
located.
(Ord. 1758 §1(part), 1995)
18.64.060 Expiration and renewal.
A conditional use permit shall automatically expire
one year after the date it was granted by the Planning
Commission 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 construc-
tion of the proposed development is completed within
two years from the date the conditional use permit is
granted by the Planning Commission. The Planning
Commission may authorize longer periods for a condi-
tional use permit if appropriate for the project. The
Planning Commission 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 hearing is required for a renewal of a conditional
use permit.
(Ord. 1758 §1(part), 1995)
18.64.070 Revocation of permit.
(1) The Planning Commission may revoke or
modify a conditional use permit. Such revocation or
modification shall be made on any one or more of the
following grounds:
(A) That the approval was obtained by
deception, fraud, or other intentional and misleading
representations;
(B) That the use for which such approval
was granted has been abandoned;
(C) That the use for which such approval
was granted has at any time ceased for a period of one
year or more;
(D) That the permit granted is being exer-
cised contrary to be the terms or conditions of such
approval or in violation of any statute, resolution, code,
law or regulations; or
(E) That the use for which the approval
was granted was so exercised as to be detrimental to
the public health or safety.
(2) Any aggrieved party may petition the
Planning Commission in writing to initiate revocation
or modification proceedings.
(3) 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 applica-
tion.
(Ord. 1758 §1(part), 1995)
18.64.080 Performance bond and other security.
A performance bond or other adequate and appro-
priate security may be required by the Planning
Commission for any elements of the proposed project
which the Commission 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.
(Ord. 1758 §1(part), 1995)
18.64.090 Resubmittai of application.
An application for a conditional use permit which
has been denied may not be resubmitted within six
months from the date of Planning Commission or
Council disapproval, whichever is later.
(Ord. 1758 §1(part), 1995)
Page 18-104 December 4, 1995
TITLE 18 — ZONING
Chapter 18.66
UNCLASSIFIED USE PERMITS
Sections:
18.66.010 Purpose.
18.66.020 Uses requiring an unclassified use permit
(UUP)
18.66.030 Area and dimensional requirements.
18.66.040 Application requirements.
18.66.050 Notice and hearing requirements.
18.66.060 Criteria.
18.66.070 Expiration and renewal.
18.66.080 Revocation of permit.
18.66.090 Performance bond and other security.
18.66.100 Resubmittal of application.
18.66.010 Purpose.
It is the purpose of this chapter to establish proce-
dures for the regulation of uses possessing characteris-
tics of such unusual, large-scale, unique or special form
as to make impractical their being included automati-
cally in any class of use as set forth in the various use
districts previously defined.
(Ord. 1758 §1(part), 1995)
18.66.020 Uses requiring an unclassified use
permit (UUP).
The unclassified uses listed in the specified use
districts require an unclassified use permit processed as
provided in this chapter.
(Ord. 1758 §1(part), 1995)
18.66.030 Area and dimensional requirements.
(1) The requirements for front, rear and side
yards and open spaces and landscaping applicable to the
underlying zone classification in which any such use
is proposed to be located shall prevail, unless specific
modifications are required in granting the unclassified
use permit.
(2) The provisions applying to height and min-
imum lot area and width applicable to the underlying
zone classification in which any such use is proposed
to be located shall prevail unless specific modifications
are required in granting the unclassified use permit.
(Ord. 1758 §1(part), 1995)
18.66.040 Application requirements
Application for unclassified 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 and
shall contain the following documents:
(1) Completed application form with envi-
ronmental data;
(2) Affidavit of the ownership or of substantial
beneficial interest in the property;
(3) Scaled site and building elevation plans;
(4) Vicinity map;
(5) List of names and addresses of all property
owners within 300 feet of the subject site;
(6) Any other graphic materials required to
adequately describe the proposal.
(Ord. 1758 §1(part), 1995)
18.66.050 Notice and hearing requirements.
Upon completion of review of the proposed project
by the DCD, the Planning Commission shall schedule
a public hearing to consider the application for the
unclassified use permit. Public notice for such hearing
shall be made in accordance with the Public Notice of
Hearing chapter of this title. Following the public
hearing, the Planning Commission shall make a
recommendation regarding the proposed project which
shall be forwarded to the City Council for its considera-
tion. The City Council need not hold a public hearing
on the permit application but shall consider the
Planning Commission recommendation at a regular
Council meeting. The City Council action shall be
made in resolution form and shall specifically state
what is approved and any conditions thereof.
(Ord. 1758 §1(part), 1995)
18.66.060 Criteria.
The Planning Commission and City Council shall
be guided by the following criteria in granting an
unclassified use permit:
(1) The proposed use will not be materially
detrimental to the public welfare or injurious to the
property or improvements in the vicinity;
(2) The proposed use shall meet or exceed the
same standards for parking, landscaping, yards and
other development regulations that are required in the
district it will occupy;
(3) The proposed development shall be
compatible generally with the surrounding land uses;
(4) The proposed use shall be in keeping with
the goals, objectives, and policies of the Comprehen-
sive Land Use Policy Plan;
(5) All measures shall be taken to minimize
the possible adverse impacts which the proposed use
may have on the area in which it is located.
(Ord. 1758 §1(part), 1995)
18.66.070 Expiration and renewal.
An unclassified use permit shall automatically
expire one year after the date it was granted by the
City Council unless a building permit conforming to
plans upon which the permit was granted is obtained
within that period of time. An unclassified use permit
shall automatically expire unless substantial construc-
tion shall be completed within two years from the date
the unclassified use permit is granted by the City
Council, unless a renewal is granted or unless the UUP
specifically provides for a period greater than two years.
The City Council, upon recommendation of the
December 4, 1995 Page 18 -105
TU KW ILA MUNICIPAL CODE
Planning Commission, may renew an unclassified use
permit for a maximum period of one additional year.
No more than one renewal shall be issued for any
UUP. A renewal may be granted only if there have
been no pertinent changes in conditions surrounding
the property since the time of original approval. No
hearing is required for renewal of an unclassified use
permit.
(Ord. 1758 §1(part), 1995)
18.66.080 Revocation of permit.
(1) The City Council, after a recommendation
from the Planning Commission, may revoke or mod-
ify any unclassified use permit. Such revocation or
modification shall be made on any one or more of the
following grounds:
(A) That the approval was obtained by
deception, fraud, or other intentional and misleading
representation;
(B) That the use for which such approval
was granted has at any time ceased for a period of one
year or more;
(C) That the use for which such approval
was granted has been abandoned;
(D) That the permit granted is exercised
contrary to the terms or conditions of such approval or
in violation of any statute, resolution, code, law or
regulation;
(E) That the use for which the approval
was granted is so exercised as to be detrimental to the
public health or safety.
(2) Any aggrieved party may petition the City
Council in writing to initiate revocation or modification
proceedings.
(3) Before an unclassified 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 an unclassified use permit appli-
cation.
(Ord. 1758 §1(part), 1995)
18.66.090 Performance bond or other security.
A performance bond or other adequate and appro-
priate security may be required by the City Council for
any elements of the proposed project which the
Council 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.
(Ord. 1758 §1 (part), 1 995)
18.66.100 Resubmittal of application
An application for an unclassified use permit which
has been disapproved by the Council cannot be
resubmitted to the Planning Commission within six
months of the date of Council disapproval.
(Ord. 1758 §1 (part), 1995)
Sections:
18.70.010
18.70.020
18.70.030
18.70.040
18.70.050
18.70.055
18.70.060
18.70.070
18.70.080
18.70.090
18.70.100
18.70.110
18.70.120
Chapter 18.70
NONCONFORMING LOTS,
STRUCTURES AND USES
Purpose.
Construction approved prior to adoption of
title.
Preexisting legal lots of record.
Nonconforming uses.
Nonconforming structures.
Mobile and manufactured homes.
Repairs and maintenance.
Building safety.
Nonconforming parking lots.
Nonconforming landscape areas.
Conditional uses.
Nonconforming adult entertainment
establishment.
Sidewalk dedication.
18.70.010 Purpose.
It is the purpose of this chapter to establish limita-
tions on the expansion and extension of nonconform-
ing uses and structures which adversely affect the
development and perpetuation of desirable residential,
commercial, and industrial areas with appropriate
groupings of compatible and related uses.
(Ord. 1758 §1(part), 1995)
18.70.020 Construction approved prior to adoption
of title.
To avoid undue hardship, nothing in this title shall
be deemed to require a change in plans, construction or
designated use of any building on which actual con-
struction was lawfully begun prior to adoption of this
title and upon which actual building construction has
been carried on in a diligent manner. Actual construc-
tion shall consist of materials in permanent positions
and fastened in a permanent manner, and demolition,
elimination and removal of one or more existing struc-
tures in connection with such construction; providing,
that actual construction work shall be diligently carried
on until the completion of the structure involved.
(Ord. 1758 §1(part), 1995)
18.70.030 Preexisting legal lots of record.
An authorized use or structure may be erected on
a preexisting legal lot and containing less area than
required by the zone district in which it is located;
provided, the front, side and rear yard requirements as
well as other applicable dimensional standards of this
title are met.
(Ord 1758 §1(part), 1995)
Page 18-106 December 4, 1995
TITLE 18 — ZONING
18.70.040 Nonconforming uses.
Any preexisting lawful use of land exists that is
made nonconforming under the terms of this title as
enacted may be continued so long as that use remains
lawful, subject to the following provisions:
(1) No such nonconforming use shall be
enlarged or increased nor extended to occupy a greater
use than was occupied at the effective date of adoption
of this title;
(2) No nonconforming use shall be moved 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 24 months, 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;
(5) If no structural alterations are made, any
nonconforming use of a structure or structure and
premises may be changed to another nonconforming
use, provided that the Board of Adjustment, by making
findings in the specific case, shall find that the proposed
use is more appropriate to the zone than the existing
nonconforming use. In permitting such change, the
Board of Adjustment may require appropriate condi-
tions and safeguards in accord with the provisions of
this title;
(G) 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.
(Ord 1758 §1(part), 1995)
18.70.050 Nonconforming structures.
Where a lawful structure exists at the effective date
of adoption of this title that could not be built under the
terms of this title by reason of restrictions on area, lot
coverage, height, yards or other characteristics of the
structure, it may be continued so long as the structure
remains otherwise lawful subject to the following
provisions:
(1) No such structure may be enlarged or
altered in a way which increases its degree of noncon-
formity. Alterations, additions or enlargements may be
allowed as long as the work done does not extend
further into any required yard or violate any other
portion of this title. Complete plans shall be required of
all work contemplated under this section.
(2) Should such structure be destroyed by any
means to an extent of more than 50% of its
replacement cost at time of destruction, in the
judgment of the City's Building Official, it shall not be
reconstructed except in conformity with provisions of
this title, except that in the R -1 zone, structures that are
nonconforming in regard to yard setbacks but were in
conformance at the time of construction may be
reconstructed to their original dimensions and location
on the lot.
(3) Should such structure be moved for any
reason or any distance whatsoever, it shall thereafter
conform to the regulations for the zone in which it is
located after it is moved.
(4) When a nonconforming structure, or
structure and premises in combination, is vacated or
abandoned for 24 consecutive months, the structure, or
structure and premises in combination, shall thereafter
be required to be in conformance with the regulations
of the zone in which it is located. Upon request of the
owner, the City Council may grant an extension of
time beyond the 24 consecutive months.
(5) Residential structures and uses located in
any single- family or multiple- family residential zoning
district and in existence at the time of adoption of this
title shall not be deemed nonconforming in terms of
bulk, use, or density provisions of this title. Such
buildings may be rebuilt after a fire or other natural
disaster to their original dimensions and bulk, but may
not be changed except as provided in the non-
conforming uses section of this chapter.
(6) Single- family structures in single- or
multiple - family residential zone districts, which have
legally non- conforming building setbacks, shall be
allowed to expand along the existing building line(s) if
the existing distance from the nearest point of the
structure to the property line is not reduced.
(7) In wetlands, watercourses and their
buffers, existing structures that do not meet the
requirements of the Sensitive Areas Overlay District
chapter of this title may be remodeled, reconstructed or
replaced, provided that:
(A) The new construction does not
further intrude into or adversely impact an
undeveloped sensitive area or the required buffer;
(B) The new construction does not
threaten the public health, safety or welfare; and
(C) The structure otherwise meets the
requirements of this chapter.
(8) In areas of potential geologic instability, coal
mine hazard areas, and buffers, as defined in the
Sensitive Areas Overlay District chapter of this title,
existing structures may be remodeled, reconstructed or
replaced, provided that:
(A) The new construction is subject to the
geotechnical report requirements and standards of
Section 18.45.080(e) and (1);
(B) The new construction does not
threaten the public health, safety or welfare;
December 4, 1995 Page 18-107
TUKWILA MUNICIPAL CODE
(C) The new construction does not
increase the potential for soil erosion or result in
unacceptable risk or damage to existing or potential
development or to neighboring properties; and
(D) The structure otherwise meets the
requirements of this chapter.
(Ord. 1758 §1(part), 1995)
18.70.055 Mobile and manufactured homes.
Legally preexisting mobile and manufactured
homes may be replaced. The replacement must be
with a HUD- approved manufactured home and must
also meet the following standards:
(1) Shall have roofing material that is
residential in appearance including, but not limited to,
approved wood, asphalt composition shingles or
fiberglass, but excluding corrugated aluminum,
corrugated fiberglass or metal roof;
(2) Shall have a minimum roof pitch of three
inch rise for each twelve inches of run, or about 25 %;
(3) Shall be installed in accordance with
manufacturer's instructions, which shall include
design specifications for Seismic Zone 3 and wind load
factor of 80 miles per hour;
(4) Shall have exterior siding that is residential
in appearance including, but not limited to, clapboards,
simulated clapboards such as conventional vinyl or
metal siding, wood shingles, shakes or similar material,
but excluding smooth, ribbed, or corrugated metal or
plastic panels;
(5) Shall have the hitch, axles and wheels
removed.
(Ord. 1758 §1(part), 1995)
18.70.060 Repairs and maintenance.
If any building is devoted in whole or in part to
any nonconforming use, work may be done in any
period of twelve consecutive months on ordinary
repairs, or on repair or replacement of nonbearing
walls, fixtures, wiring or plumbing to an extent not
exceeding 25% of the current replacement value of the
building.
(Ord. 1758 §1(part), 1995)
18.70.070 Building safety.
Nothing in this title shall be deemed to prevent the
strengthening or restoring to a safe condition of any
nonconforming building or part thereof declared to be
unsafe by order of any City official charged with
protecting the public safety.
Alterations or expansion of a nonconforming use
which are required by law or a public agency in order
to comply with public health or safety regulations are
the only alterations or expansions allowed.
(Ord. 1758 §1(part), 1995)
18.70.080 Nonconforming parking lots.
Nothing contained in the Off- street Parking and
Loading Regulations chapter of this title shall be
construed to require a change in any aspect of a
structure or facility covered thereunder including,
without limitation, parking lot layout, loading space
requirements and curb -cuts, for any structure or facility
which existed on the date of adoption of this title.
If a change of use takes place, or an addition is
proposed, which requires an increase in the parking
area by an increment less than 100 %, the
requirements of the Off- street Parking and Loading.
Regulations chapter of this title shall be complied with
for the additional parking area.
If a change of use takes place, or an addition is
proposed, which requires an increase in the parking
area by an increment greater than 100 %, the
requirements of the Off- street Parking and Loading
Regulations chapter of this title shall be complied with
for the entire parking area.
(Ord. 1758 §1(part), 1995)
18.70.090 Nonconforming landscape areas.
Adoption of the landscaping regulations contained
in this title shall not be construed to require a change in
the landscape improvements for any legal landscape
area which existed on the date of adoption of this title,
unless and until a change of use or alteration of the
structure is proposed.
At such time as a change is proposed for a use; or
structure, and associated premises which does not
comply with the landscape requirements of this title, a
landscape plan which substantially conforms to the
requirements of this title shall be submitted to the
Board of Architectural Review for approval prior to
issuance of a building permit. The BAR may modify
the standards imposed by this title when, in their
judgment, the existing and proposed additional
landscaping and screening materials together will
adequately screen or buffer possible use
incompatibilities, soften the barren appearance of
parking or storage areas, and /or adequately enhance
the premises appropriate to the use district and location
of the site.
(Ord. 1758 §1(part), 1995)
18.70.100 Conditional uses.
A legal use does not become nonconforming
because the zone in which it is located is changed to a
zone which requires a conditional use permit for the
use, or because the use is changed from an allowed
use to a conditional use within the same zone;
provided, however, the use may not be allowed or
buildings may not be enlarged without first obtaining a
conditional use permit pursuant to requirements of the
Conditional Use Permits chapter of this title.
(Ord. 1758 §1(part), 1995)
Page 18-108 December 4, 1995
TITLE 18 — ZONING
18.70.110 Nonconforming adult entertainment
establishments.
Notwithstanding any other provision of this
chapter, any adult entertainment use or establishment
which is rendered nonconforming by the provisions of
Ordinance 1581 of the City shall be terminated or
discontinued within 90 days from the effective date of
that ordinance.
(1) The owner or operator of any adult enter-
tainment use or establishment which is rendered non-
conforming by the provisions of Ordinance 1581 of the
City may appeal the 90 -day termination provision of
this section by filing a notice of appeal with the City
Clerk within 60 days of the effective date of this
section.
(2) Within ten days of receipt of a notice of
appeal, the City Clerk shall schedule a hearing on the
appeal before a hearing examiner. The hearing shall be
no later than 20 days from the date of receipt by the
City of the notice of appeal, unless extended by mutual
agreement of the parties. The hearing examiner shall
be the City Clerk or his /her designee.
(3) Within three days, excluding weekends
and holidays recognized by the City, from the date of
the hearing on an appeal under this section, the hearing
examiner shall issue a written decision, which shall
set forth the hearing examiner's findings of fact and
conclusions of law. The hearing examiner shall
consider the following factors and any other factors that
he /she determines to be relevant or helpful in
reaching a decision:
(A) The harm or hardship to the appellant
caused by the 90 -day termination provision of this
section;
(B) The benefit to the public to be gained
from termination of the use;
(C) The nature of the leasehold or other
ownership interest that an appellant may have in
premises occupied by the adult entertainment use;
(D) Restrictions or lack of same imposed
on an appellant's use of such premises by a lease or
other binding agreement;
(E) Amounts expended by an appellant
for improvements to such premises or for necessary
equipment and the extent to which those amounts
have been recovered through depreciation, tax savings,
or whether such improvements are contemplated to
be left as property of the lessor; and
(F) Any clear evidence of substantial
economic harm caused by enforcement of the 90 -day
termination provision of this section.
(4) Appeal and Hearing.
(A) Any person aggrieved by the action of
the hearing examiner in refusing to extend beyond 90
days the period in which a nonconforming use must
terminate operations shall have the right to appeal such
action to the City Council, by filing a notice of appeal
with the Clerk within ten calendar days of receiving
notice of the decision of the hearing examiner.
(B) The City Council, upon receipt of a
timely notice of appeal, shall set a date for a hearing of
such appeal within 20 days from the date of such
receipt. The City Council shall hear testimony, take
evidence and may hear oral argument and receive
written briefs. The filing of such appeal shall stay
further action of the City, pending the decision of the
City Council.
(C) The decision of the City Council on an
appeal from a decision of the hearing examiner shall be
based upon a preponderance of the evidence.
(D) The decision of the City Council shall
be final unless appealed to the superior court within 20
days of the date the decision is entered.
(Ord. 1758 §1(part), 1995)
18.70.120 Sidewalk dedication.
No building setback or landscape area on the sub-
ject lot at the time of donation or easement to the City
for sidewalk purposes shall become nonconforming by
reasons of such donation or easement.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-109
TUKWILA MUNICIPAL CODE
Sections:
18.72.010
18.72,020
18.72.030
18.72.040
18.72.050
18.72.060
18.72.070
1 8.72.080
Chapter 18.72
VARIANCES
Purpose.
Criteria for granting variance permit.
Conditions for granting — extension.
Application requirements.
Application — hearing and notice.
Application — Board decision.
Prohibited variance.
Appeal.
18.72.010 Purpose.
It is the purpose of this chapter to authorize upon
appeal in specific cases such variances from the provi-
sions of the zoning ordinance or other land use regula-
tory ordinances as the City may adopt which will not
be contrary to the public interest and only where,
owing to special conditions, a literal enforcement of the
provisions of such ordinance(s) would result in
unnecessary hardship.
(Ord 1758 §1(part), 1995)
18.72.020 Criteria for granting variance permit.
The Board of Adjustment shall consider all requests
for variance from the Zoning Code; variance from the
provisions of such ordinances shall not be granted by
the Board of Adjustment unless the board finds that 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.
(Ord. 1758 §1(part), 1995)
18.72.030 Conditions for granting -- extension.
In authorizing the variance, the Board of Adjust-
ment may attach thereto such conditions that it deems
to be necessary or desirable in order to carry out the
intent and purposes of this chapter and in the public
interest. A variance so authorized shall become void
after the expiration of one year or a longer period as
specified at the time of the Board of Adjustment action,
if no building permit has been issued in accordance
with the plans for which such variance was autho-
rized, except that the Board of Adjustment may extend
the period of variance authorization without a public
hearing for a period not to exceed twelve months upon
a finding that there has been no basic change in
pertinent conditions surrounding the property since the
time of the original approval.
(Ord. 1758 §1(part), 1995)
18.72.040 Application requirements.
An application to the Board of Adjustment for the
issuance of a variance shall be made on forms
prescribed by the DCD. All applications shall be
accompanied by a filing fee as required in the
Application Fees chapter of this title and shall include
but may not be limited to the following documents:
(1) Completed application form;
(2) Site plan or other related map materials
which clearly indicate the dimensional characteristics
of the site and structures involved;
(3) Affidavit of the ownership or of substantial
beneficial interest in the subject property.
(Ord. 1758 §1(part), 1995)
18.72.050 Application — hearing and notice.
When a proper and complete variance application
has been filed, and reviewed by the DCD, the Board of
Adjustment shall set a date for public hearing, pursuant
to notice requirements of the Public Notice of Hearing
chapter of this title.
(Ord. 1758 §1(part), 1995)
18.72.060 Application — Board decision.
The Board of Adjustment shall decide all
applications no later than 45 days after the public
hearing.
(Ord. 1758 §1(part), 1995)
18.72.070 Prohibited variance.
Under no circumstances shall the Board of
Adjustment grant a variance to permit a use not
generally or conditionally permitted in the zone
involved, or any use expressly or by implication
prohibited by the terms of this title in said zone.
(Ord. 1758 §1(part), 1995)
Page 18 -110
December 4, 1995
TITLE 18 — ZONING
18.72.080 Appeal.
The action of the Board of Adjustment in granting
or denying the application for a variance shall be final
and conclusive, unless, within ten days from the date
of the Board's action, the original applicant or an
aggrieved party makes an application to the Superior
Court of King County for a writ of certiorari, a writ of
prohibition or a writ of mandamus.
(Ord. 1758 §1(part), 1995)
Chapter 18.80
AMENDMENTS TO THE
COMPREHENSIVE PLAN AND
DEVELOPMENT REGULATIONS
Sections:
18.80.010
18.80.020
1.8.80.030
18.80.040
1 8.80.050
18.80.060
Application.
Docket.
Notice and comment.
Staff report.
Council consideration.
Council decision.
18.80.010 Application.
Any interested person (including applicants,
citizens, Tukwila Planning Commission, City staff and
officials, and staff of other agencies) may submit an
application for an amendment to either the
comprehensive plan or the development regulations to
the Department of Community Development. The
application shall specify:
(1) A detailed statement of what is proposed
and why;
(2) A statement of the anticipated impacts of
the change, including the geographic area affected and
the issues presented by the proposed change;
(3) An explanation of why the current
comprehensive plan or development regulations are
deficient or should not continue in effect;
(4) A statement of how the proposed
amendment complies with and promotes the goals and
specific requirements of the Growth Management Act;
(5) A statement of how the proposed
amendment complies with applicable Countywide
Planning Policies;
(6) A statement of what changes, if any,
would be required in functional plans (Le., the City's
water, sewer, storm water or shoreline plans) if the
proposed amendment is adopted;
(7) A statement of what capital improvements,
if any, would be needed to support the proposed
change, and how the proposed change will affect the
capital facilities plans of the City; and
(8) A statement of what other changes, if any,
are required in other City codes, plans or regulations to
implement the proposed change.
(Ord. 1758 §1(part), 1995)
18.80.020 Docket.
The Department shall maintain a docket of all
proposed changes to the comprehensive plan and
development regulations which are submitted. The
Department shall provide a copy of the docket to the
City Council on a monthly basis. If either the
Department or the Council determines that a- proposed
change may be an emergency, the Department shall
prepare the staff report described below and forward
December 4, 1995 Page 18-111
TUKWILA MUNICIPAL CODE
the proposed change to the Council for immediate
consideration, subject to the procedural requirements
for consideration of amendments. Non - emergency
changes shall be compiled and submitted to the
Council for review on an annual basis so that
cumulative effects of the proposals can be determined.
Proposed changes received by the Department less
than eight weeks before the date of the Council's
annual review shall be held over for the following
year's review, unless the Council or the Department
determines the proposed change may be an
emergency.
(Ord 1758 §1(part), 1995)
18.80.030 Notice and comment.
The docket of proposed changes shall be posted in
the offices of the Department and made available to any
interested person. At least four weeks prior to the
Council's annual consideration of the changes proposed
on the docket, the City shall publish a notice in a
newspaper of general circulation in the City, generally
describing the proposed changes including areas
affected, soliciting written public input to the
Department of Community Development on the
proposed changes, and identifying the date on which
the Council will consider the proposed changes.
(Ord. 1,758 §1(part), 1995)
18.80.040 Staff report.
At least two weeks prior to Council consideration
of any proposed amendment to either the
comprehensive plan or development regulations, the
Department shall prepare and submit to the Council a
staff report which addresses the following:
(I) the issues set forth in this chapter;
(2) impact upon the Tukwila Comprehensive
Plan and zoning code;
(3) impact upon surrounding properties, if
applicable;
(4) alternatives to the proposed amendment;
and
(5) appropriate code citations and other
relevant documents.
The Department's report shall transmit a copy of
the application for each proposed amendment, any
written comments on the proposals received by the
Department, and shall contain the Department's
recommendation on adoption, rejection or deferral of
each proposed change.
(Ord. 1758 §1(part), 1995)
18.80.050 Council consideration.
(a) The City Council shall consider each request
for an amendment to either the comprehensive plan or
development regulations at a public meeting, at which
the applicant will be allowed to make a presentation.
Any person submitting a written comment on the
proposed change shall also be allowed an opportunity
to make a responsive oral presentation. Such
opportunities for oral presentation shall be subject to
reasonable time limitations established by the Council.
(b) Following Council consideration as provided
by Subsection (1), the City Council shall take action as
follows:
(1) If the Council determines the proposed
amendment will have significant impact on the
policies or goals of the Comprehensive Plan, it shall:
(A) reject the proposed amendment; or
(B) defer further Council consideration to
a re- occurring three -year Comprehensive Plan
amendment process.
(2) If the Council determines the proposed
amendment will not have significant impact on the
policies or goals of the Comprehensive Plan, it shall:
(A) reject the proposed amendment;
(B) defer further Council consideration for
one or more years to allow the City further time to
evaluate the application of the existing plan or
regulations; or
(0) refer the proposed amendment to the
Planning Commission for further review and a
recommendation to the City Council.
(Ord. 1758 §1(part), 1995)
18.80.060 Council decision.
Following receipt of the Planning Commission's
recommendation on a proposed amendment referred
to the Commission, the City Council shall hold a
public hearing on the proposal, for which public notice
has been provided as required under the Public Notice
of Hearing chapter of this title of this Title. Following
the public hearing, the City Council may:
(I) reject the proposed amendment;
(2) modify and adopt the proposed
amendment; or
(3) adopt the amendment as proposed.
(Ord. 1758 §1(part), 1995)
Page 18 -112
December 4. 1995
TITLE 18 — ZONING
Chapter 18.84
REQUESTS FOR CHANGES IN ZONING
Sections:
18.84.010 Submission to Planning Commission.
18.84.020 Submission to City Council — Action.
18.84.030 Criteria for granting zoning map
reclassifications.
18.84.040 Petitions for decision review.
18.84.050 Final action.
18.84.010 Submission to Planning Commission.
Any request for a change in zoning of any district
or area, or of any boundary lines thereof as shown on
the zoning maps, shall be submitted to the Planning
Commission. Said requests shall be made on such
formal application forms as specified by the Planning
Commission and filed with the City Clerk. All applica-
tions shall be accompanied by a filing fee as required in
the Application Fees chapter of this title, and shall
contain such information as may be required by the
Planning Commission.
After due public notice, the Planning Commission
shall transmit its recommendations thereon to the City
Council along with any necessary covenants or
agreements which have been fully executed by the
petitioner.
(Ord. 1758 §1(part), 1995)
18.84.020 Submission to City Council — Action.
Upon receipt of all necessary documents and the
recommendations of the Planning Commission, the
City Council may act on said recommendation without
further public hearing.
(Ord. 1758 §1(part), 1995)
18.84.030 Criteria for granting zoning map
reclassifications.
The Planning Commission and City Council shall
be guided by the following criteria in granting
reclassification requests to the zoning map of this title:
(1) The use or change in zoning requested
shall be in conformity with the adopted Comprehen-
sive Land Use Policy Plan, the provisions of this title,
and the public interest;
(2) The use or change in zoning requested in
the zoning map or this title for the establishment of
commercial, industrial, or residential use shall be
supported by an architectural site plan showing the
proposed development and its relationship to
surrounding areas as set forth in the application form;
(Ord. 1758 §](part), 1995)
18.84.040 Petition for decision review.
Any person aggrieved by any decision of the
Planning Commission regarding a change in land use
designation may file a petition for review by the City
Council of the Planning Commission recommendation
within ten days after such Planning Commission
recommendation was made. Such petition shall be
filed with the City Clerk. It shall be in writing and
state reasons in support of the review.
(Ord. 1758 §1(part), 1995)
18.84.050 Final action.
If such a petition is filed, the City Council shall set
a date for hearing of the subject petition. Three notices,
at least ten days prior to any such hearing, shall be
posted within or about the area proposed to be rezoned
or reclassified. Following the hearing, the City Council
may accept, reject or modify the recommendation of
the Planning Commission, or the City Council may
refer the matter to the Planning Commission for their
reconsideration. If the application is returned to the
Planning Commission for reconsideration, and the
application is returned to the City Council following
such reconsideration, the City Council shall grant,
deny, or amend the Planning Commission
recommendation within 30 days after receipt of the
recommendation.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-113
TUKWILA MUNICIPAL CODE
Chapter 18.88
APPLICATION FEES
Sections:
18.88.010 Application fees.
18.88.010 Application fees.
The following fees shall be paid by any applicant
for a land use permit at the same time that said
application is filed with the City:
Type of Application
Fee
Comprehensive plan amendment
$700.00
Conditional use permit (CUP)
850.00
Design review (BAR)
900.00
Planned Residential Development
(PRD)
800.00 plus
100.00/acre
Planned mixed-use development
(PMUD)
800.00 plus
100.00 /acre
Reclassification (rezone)
700.00
Shoreline substantial development
permit
550.00
Street vacation
120.00
Unclassified use permit (UUP)
850.00
Variance
600.00
Lot line adjustments
200.00 (new)
Special review (parking /sign
deviation, etc.)
200.00 (new)
Application for renewals of any land use permit,
provided such renewals are specifically authorized,
shall pay the same fee required for the land use permit
being renewed.
(Ord. 1758 §1(part), 1995)
Sections:
18.90.010
18.90.020
18.90.030
18.90.040
Chapter 18.90
APPEALS
Appeals from decisions or interpretations of
the Director.
Appeals from decisions of the Planning
Commission.
Appeals from decisions of the Board of
Adjustment.
Appeals from decisions of the City Council.
18.90.010 Appeals from decisions or
interpretations of the Director.
Any person aggrieved by any interpretation of this
title by the Director may present to the Board of
Adjustment a petition requesting review of such
decision. Any such petition shall be made within ten
days of the interpretation and should set forth in writing
the interpretation being appealed, the interpretation
being sought, and the reasons why the Board of
Adjustment should support the appeal. The action of
the Board of Adjustment shall be final.
(Ord. 1758 §1(part), 1995)
18.90.020 Appeals from decisions of the Planning
Commission.
Any party aggrieved by a decision of the Planning
Commission, or the Planning Commission acting as a
Board of Architectural Review, may appeal that
decision to the City Council. The appeal shall be made
in writing to the City Clerk within ten days of the
Planning Commission decision and shall state the
reasons for the appeal. The City Council shall affirm,
deny, or modify the decision of the Planning
Commission within 90 days of the filing of the appeal.
Prior to making its decision, the City Council may hold
a public hearing.
(Ord. 1758 §1(part), 1995)
18.90,030 Appeals from decisions of the Board of
Adjustment.
The action of the Board of Adjustment in granting
or denying an application for variance, or in the
resolution of an appeal from an administrative
interpretation, shall be final and conclusive, unless,
within ten days from the date of the Board's action, an
applicant or an aggrieved party makes an application to
the Superior Court of King County for a writ of
certiorari, a writ of prohibition, or a writ of mandamus.
(Ord. 1758 §1(part), 1995)
Page 18 -114
December 4, 1995
TITLE 18 — ZONING
18.90.040 Appeals from decisions of the City
Council.
The action of the City Council on all matters shall
be final and conclusive unless, within ten days from
the date of the Council's action, an applicant or an
aggrieved party makes an application to the Superior
Court of King County for a writ of certiorari, a writ of
prohibition, or a writ of mandamus.
(Ord. 1758 §1(part), 1995)
Chapter 18.92
PUBLIC NOTICE OF HEARING
Sections:
18.92.010 Publication.
18.92.020 Notice to property owners.
18.92.010 Publication.
Public notice of any hearing as required by State
law or this title shall be deemed to have been given
when a notice setting forth the general purpose of any
such hearing and the time and place thereof has been
posted on the affected property and at City Hall, and
published at least one time in the official newspaper
doing the City printing at least ten days before the date
set for such hearing. Public notice of one or more
hearings may be included within the same notice.
(Ord. 175 8§ 1(p a r t),1995)
18.92.020 Notice to property owners.
In cases of conditional and unclassified use
permits, rezones, variances, and other applicable
permit applications, written notice of any hearing shall
be mailed to owners of all properties within a 300 -foot
radius of the exterior boundaries of the subject site.
Said notice shall be mailed to such property owners no
later than ten days prior to the public hearing. The
property ownership records of the King County
Treasurer shall be used to identify surrounding
property owners.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-115
TUKWILA MUNICIPAL CODE
Chapter 18.96
ADMINISTRATION AND ENFORCEMENT
Sections;
18.96.010
18.96.020
18.96.030
18.96.040
18.96.050
18.96.060
18.96.070
18.96.110
18.96.120
Administrative responsibility.
Interpretations.
Review of zoning compliance.
Performance bond.
Amount of bond, or equivalent.
Change in use.
Record of certificates issued.
Penalty.
Other legal action.
18.96.010 Administrative responsibility.
The Director, as the duly authorized representative
of the Mayor, is charged with the responsibility of
carrying out the provisions of the zoning ordinance.
He may be provided with the assistance of such other
persons as the Mayor may direct.
(Ord 1758 51(part), 1995)
18.96.020 Interpretations.
All interpretations of this title shall be made by the
Director or his delegate. If requested, interpretations
shall be reduced to writing and an orderly retrievable
record shall be kept.
(Ord. 1758 §1(part), 1995)
18.96.030 Review of zoning compliance.
No department, official, or employee of the City
shall issue an occupancy permit until there has been
endorsed thereon certification of compliance with the
applicable regulations of this title by the Director or his
delegate.
(Ord. 1758 §1(part), 1995)
18.96.040 Performance bond.
The Department of Community Development
may authorize the issuance of a temporary occupancy
permit conditioned upon the subsequent completion or
satisfaction of unfulfilled requirements or regulations,
or uncompleted development proposals. A condition
for issuance of such temporary permit may be the
posting with the City of a performance bond or its
equivalent, to insure fulfillment of all conditions to
which such permit is subject. The conditions to
which such temporary occupancy permit is subject
shall be listed upon the permit or attached thereto. No
occupancy permit or certificate of occupancy shall be
issued except as hereinabove provided. No occupancy
permit shall be issued until all such conditions are
satisfied. If the conditions are not satisfied within one
year from the date of the deadline specified in the
temporary occupancy permit, demand may be made
by the City against the bond, or its equivalent, for
completion and performance. Prior to such demand
being given, the Director shall give ample notice to the
person or persons involved.
(Ord. 1758 §1(part), 1995)
18.96.050 Amount of bond, or equivalent.
The performance bond, or equivalent, shall be in a
form acceptable to the City Attorney, and represent a
proportion of the fair cost estimate of the proposed
development or improvement as determined by the
Director, according to the following schedule:
Fair Cost Estimate Amount of Bond
Up to $50,000 100% of estimate
$50,001 to $100,000 75% of estimate
$100,001 to $250,000 50% of estimate
$250,001 and over 25% of estimate
(Ord. 1758 §1(part), 1 995)
18.96.060 Change in use.
Whenever a change in use of land or structures
takes place the owner of such land or structures shall
be required to submit an application for an occupancy
permit for the new use or structures within 15 days of
the date of such change in use. Failure to do so shall be
a violation of this title.
(Ord. 1758 §1(part), 1995)
18.96.070 Record of certificates issued.
The Director or his /her delegate shall circulate a
request for an occupancy permit for a change in use to
all City departments, and shall maintain a record of all
occupancy permits issued.
(Ord. 1758 §1(part), 1995)
18.96.110 Penalty.
Any violation of any provision, or failure to comply
with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45.
(Ord. 1758 §1(part), 1995)
18.96.120 Other legal action.
Nothing herein contained shall prevent the City
from seeking such other legal or equitable remedies as
may be available to prevent or remedy any violation.
(Ord. 1758 §1(part), 1995)
Page 18-116 December 4, 1995
TITLE 18 — ZONING
Chapter 18.52
LANDSCAPE, RECREATION, RECYCLING/
SOLID WASTE SPACE REQUIREMENTS
Sections:
18.52.010
18.52.020
18.52.030
18.52.040
18.52.050
18.52.060
18.52.065
18.52.070
18.52.080
18.52.090
Purpose.
Landscaping requirements by zone district.
Special landscape requirements.
General landscaping and screening
requirements.
Landscape plan requirements.
Recreation space requirements.
Lighting.
Recycling storage space for residential uses
Recycling storage space for non - residential
uses.
Design of collection points for garbage and
recycling containers.
18.52.010 Purpose.
The purpose of this chapter is to establish mini-
mum requirements for landscaping to promote safety,
to provide screening between incompatible land uses,
to mitigate the adverse effects of development on the
environment, and to improve the visual environment
for resident and nonresident alike.
(Ord. 1758 §1(part), 1995)
18.52.020 Landscaping requirements by zone
district.
In the various zone districts of the City,
landscaping in the front, rear and side yards shall be
provided as established by the various use district
chapters of this Title. Minimum required front yard
landscaped areas in the MDR, and HDR zones may
have up to 20% of their required landscape area
developed for pedestrian and transit facilities upon
approval by the Board of Architectural Review.
(Ord. 1758 §1(partJ, 1995J
18.52.030 Special landscape requirements.
The required landscape areas shall be increased by
a minimum of 25% or 50% or by construction of a
decorative fence or solid planting screen, to be
approved by the Director, along the applicable front,
side and /or rear property line(s) in the following
circumstances:
(1) 25% increase with a minimum of five feet
when:
(A) Office use district occurs across the
street from a single- family use district,
(B) Commercial use district occurs across
the street from a single- family use district,
(C) Industrial use district occurs adjacent
to an office use district;
(2) 50% increase with a minimum of five feet
when industrial use district occurs across the street
from a single- family or multiple- family use district;
(3) Installation of a solid planting screen within
a ten -foot wide landscape strip with a height of five to
eight feet or the construction of a decorative fence, to be
approved by the DCD when:
(A) Commercial use district occurs adja-
cent to a single- family use district,
(B) Industrial use district occurs adjacent
to a single- family or multiple- family use district;
(4) Fifteen feet of landscaping shall be provided
when a nonresidential development in a Commercial/
Light Industrial district or a Manufacturing Industrial
Center /Light district abuts or is across the street from
residential uses. This landscaping shall be outside of
any fence used to prevent access to the development
in a C /LI and MIC /L district.
(Ord. 1758 §1(part), 1995J
18.52.040 General landscape and screening
requirements.
(1) Landscape Architect Required. In the MDR
and HDR zones, a Washington State licensed landscape
architect shall prepare and stamp the landscape plans in
accordance with the standards herein.
(2) Coverage Standards. All landscaped areas
(including shrub beds) shall achieve 90% live ground
coverage in three years and all areas not occupied by a
building (including surface parking areas) shall achieve
40% horizontal tree coverage in ten years.
(3) Visibility. The landscaping shall not ob-
struct view from or into the driveway, sidewalk or
street.
(4) Outside Storage Areas. Outdoor storage
shall be screened from abutting public streets and from
adjacent properties. Such screens shall be a minimum
of eight feet high and not less than 60% of the height of
the material stored. Said screens shall be specified on
the plot plan and approved by the Director. Except in
the MDR and HDR zones, where outdoor storage shall
be fully screened from all public roadways and
adjacent parcels with a sight obscuring structure equal
in height to the stored objects and with exterior
landscaping. A top screen cover may be exempted if
the item(s) has a finished top and an equivalent design
quality is maintained. The screening structure shall
reflect building architecture as determined by the BAR
to be appropriate.
(5) Parking Area Perimeter. In the MDR and
HDR zones, all parking areas shall have a perimeter
landscape strip. This strip shall be a minimum of 2 feet
wide and have an average 5 -foot width.
(6) Interior landscaping for each distinctly
separate parking area. In the MDR and HDR zones,
landscaping within parking areas shall be provided as
shown below:
December 4, 1995 Page 18-89
TUKWILA MUNICIPAL CODE
(a) For areas with up to 20 parking stalls,
no interior landscaping is required.
(b) For areas with 21 - 40 parking stalls,
the required amount of interior landscape area is 7
square feet for each parking stall.
(c) For areas with more than 40 parking
stalls per parking area, the required amount of interior
landscape area is 12 square feet for each parking stall
(see Multi- Family Design Guidelines, Site Planning
Section, No. 31 for the normal 15 square feet to be
provided).
(d) Planting Standards:
(i) interior planting areas to be
distributed to break up expanses of paving
(ii) minimum size of interior parking
lot planting islands is 100 square feet
(iii) planters to be a minimum of 6 feet
in any direction and generally the length of the adjacent
parking space
(iv) a landscaped area shall be placed at
the end of each interior row in the parking area with
no more than 10 stalls or 90 feet between the
landscape areas
(v) minimum of 1 evergreen or deci-
duous tree per planting area.
(7) Automatic irrigation. In the MDR and HDR
zones, all landscape areas shall be served by an
automatic irrigation system. Moisture sensors such as
in- ground sensors and rain check sensors shall be
installed.
(8) Utility Easements. Utility easements and
other similar areas between property lines and curbing
shall be landscaped and /or treated with dust and ero-
sion control planting or surfacing such as evergreens,
groundcover, shrubs, trees, sod or a combination of
similar materials. In areas of overhead transmission
lines, no shrubs or trees over 20 feet at maturity will
be allowed.
(Ord. 1758 §1(part), 1995)
18.52.050 Landscape plan requirements.
Detailed plans for landscaping and screening shall
be submitted with plans for building and site
improvements. Included in the plans shall be type
and location of plants and materials and the location of
sprinkling systems. Installation of the landscaping and
screening shall be completed prior to issuance of the
certificate of occupancy or within a reasonable period of
time determined by the Director and stated on the
building permit.
(Ord. 1758 §1(part), 1995)
18.52.060 Recreation space requirements.
In all MDR and HDR zoning districts, any proposed
multiple - family structure, com plex or development
shall provide on the premises and for the use of the
occupants a minimum amount of recreation space
according to the following provisions:
(1) Required Area.
(A) For each proposed dwelling unit in the
multiple - family development, a minimum of 400
square feet of recreation space shall be provided. Any
multiple - family structure, complex or development
shall provide a minimum of 1,000 square feet of total
recreation space;
(B) The front, side and rear yard setback
areas required by the applicable zoning district shall not
qualify as recreation space;
(2) Indoor or Covered Space.
(A) No more than 50% of the required
recreation space may be indoor or covered space;
(B) The Board of Architectural Review
may grant a maximum of two square feet of recreation
space for each one square foot of extensively improved
indoor recreation space provided. Interior facility
improvements would include a full range of weight
machines, sauna, hot tub, large screen television and
the like.
(3) Uncovered Space.
(A) A minimum of 50% of the total
required recreation space shall be open or uncovered,
up to 100% of the total requirement may be in open or
uncovered recreation space;
(B) Recreation space shall not exceed a 4%
slope in any direction unless it is determined that the
proposed space design clearly facilitates and encourages
the anticipated use as endorsed by the Director.
(C) The Board of Architectural Review
may grant a maximum credit of two square feet of
recreation space for each one square foot of outdoor
pool and surrounding deck area.
(4) General Requirements.
(A) Multiple - family complexes which
provide dwelling units with two or more bedrooms
shall provide adequate recreation space for children
with at least one space for the 5 -to -12 -year old group.
Such space shall be at least 25% but not more than 50%
of the total recreation space required under subsection
(1) above and shall be designated, located and
maintained in a safe condition;
(B) Adequate fencing, plant screening, or
other buffer shall separate the recreation space from
parking areas, driveways or public streets.
(C) The anticipated use of all required
recreation areas shall be specified and designed to
clearly accommodate that use.
(Ord. 1758 §1(part), 1995)
18.52.065 Lighting
In the MDR and HDR zones, porches, alcoves and
pedestrian circulation walkways shall be provided
with low level safety lighting.
(Ord. 1758 §1(part), 1995)
Page 18-90 December 4, 1995
TITLE 18 — ZONING
18.52.070 Recycling storage space for residential
uses
Apartment and condominium developments over
six units shall provide 1-1/2 square feet of recycling
storage space per dwelling unit and located in collection
points as follows:
(1) No dwelling unit within the development
shall be more than 200 feet from a collection point;
(2) Collection points shall be located so that
hauling trucks do not obstruct pedestrian or vehicle
traffic on -site, or project into any public right -of -way;
(3) Collection points shall not be located in any
required setback or landscape area.
(Ord. 1758 §1(part), 1995)
18.52.080 Recycling storage space for non-
residential uses.
(a) Recycling storage space for non - residential uses
shall be provided at the rate of at least:
(1) Two square feet per every 1,000 square
feet of building gross floor area in office, medical,
professional, public facility, school and institutional
developments;
(2) Three square feet per every 1,000 square
feet of building gross floor area in manufacturing,
industrial and other non - residential uses not specifically
mentioned in these requirements;
(3) Five square feet per every 1,000 square
feet of building gross floor area in retail developments.
(b) Outdoor collection points shall not be located in
any required setback or landscape area;
(c) Collection points shall be located in a manner
so that hauling trucks do not obstruct pedestrian or
vehicle traffic on -site, or project into any public right -of-
way.
(Ord. 1758 §1(part), 1995)
18.52.090 Design of collection points for garbage
and recycling containers
Residential and non - residential collection points
shall be designed as follows:
(1) An opaque wall or fence of sufficient size
and height to provide complete screening shall enclose
any outside collection point. Architectural design shall
be consistent with the design of the primary
structure(s) on the site;
(2) Collection points shall be identified by
signs not to exceed two square feet;
(3) Weather protection of recyclables and
garbage shall be ensured by using weather -proof
containers or by providing a roof over the storage area.
(Ord. 1758 §1(part), 1995)
Sections:
18.54.010
18.54.020
18.54.030
18.54.050
18.54.060
18.54.070
18.54.080
18.54.090
18.54.100
18.54.110
18.54.120
18.54.130
18.54.140
18.54.150
18.54.160
18.54.170
18.54.180
18.54.190
18.54.200
Chapter 18.54
TREE REGULATIONS
Title.
Purpose.
Scope.
Permit - exempt activities.
Permit - mandatory standards.
Permit required.
Permit application materials.
Waiver to permit materials.
Permit application fee.
Applicant insurance required.
Applicant security required.
Permit approval criteria.
Permit exceptions.
Permit processing and duration.
Permit conformance.
Violations.
Enforcement.
Liability.
Conflicts with existing codes and
ordinances.
18.54.010 Title.
This Ordinance shall be known as the City of
Tukwila "Tree Ordinance," and may be so cited.
(Ord. 1758 §1(part), 1995)
18.54.020 Purpose.
This purpose of this chapter is to:
(1) Mitigate certain environmental conse-
quences of land development, and to maintain and
improve the quality of Tukwila's urban environment.
(2) Promote building and site planning prac-
tices that are responsive to the community's natural
environment, without preventing reasonable devel-
opment of land.
(3) Regulate clearing of trees and understory
vegetation in the City of Tukwila, in order to:
(A) Maintain and enhance the aesthetic,
ecological and economic benefits provided by vegeta-
tion, such as:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
providing wildlife habitat;
reducing runoff and soil erosion;
reducing air pollution;
masking noise;
reducing wind speed and urban
"wind tunnels ";
energy conservation, cooling of
urban centers;
increasing real property values;
enhancing visual and aesthetic
qualities of the urban environ-
ment.
December 4, 1995 Page 18-91
TUKWILA MUNICIPAL CODE
(B) Maintain the viability of existing
stands of trees and understory vegetation.
(C) Promote retention of native vegetation
in sensitive areas and their buffers, shoreline areas, and
wildlife habitat areas.
(4) Provide a means to implement the
requirements of the Sensitive Areas Overlay District
chapter of this title, relative to vegetation removal in
sensitive areas and sensitive area buffers.
(Ord. 1758 §1(part), 1995)
18.54.030 Scope.
This chapter sets forth rules and regulations to
control clearing of trees and understory vegetation
within the City of Tukwila.
(Ord. 1758 §1(part), 1995)
18.54.050 Permit - exempt activities.
The following activities are exempt from the
application of this chapter and do not require a Tree
Clearing Permit:
(1) Clearing of any vegetation; UNLESS the site
on which clearing is to occur is located in a sensitive
area, sensitive area buffer, or shoreline zone.
(2) On sites within a sensitive area, or sensi-
tive area buffer, or shoreline zone:
(A) Clearing of up to 4 significant trees on
a site currently zoned and developed for single family
residential use within any 36 -month period; UNLESS
the significant trees to be removed are located within a
wetland, watercourse and their associated buffers or
within the shoreline zone.
(B) Clearing of any vegetation located out-
side a sensitive area, sensitive area buffer or outside
the shoreline zone.
(C) Removal of hazardous trees.
(D) Routine maintenance of vegetation
necessary to maintain the health of cultivated plants, to
contain noxious weeds, or to remedy a potential fire or
health hazard or threat to public safety per TMC 8.28,
Nuisances.
(E) Vegetation removal necessary to the
operation of an established Christmas tree farm or
commercial plant nursery.
(F) Construction and maintenance of
streets and utilities within City- approved rights -of -way
and easements.
(Ord. 1758 §1(part), 1995)
18.54.060 Permit - mandatory standards.
All removal of significant trees and understory
vegetation shall be undertaken in accordance with the
mandatory standards specified in this chapter, except as
provided in the Waiver to Permit Materials or
Exceptions sections of this chapter.
(Ord. 1758 §1(part), 1995)
18.54.070 Permit required.
No person shall conduct any clearing of vegetation
without first obtaining a Tree Clearing Permit on a form
approved by the Director; unless specifically exempted
under this chapter.
(Ord. 1758 §1(part), 1995)
18.54.080 Permit application materials.
The following materials are required to obtain a
Tree Clearing Permit:
(1) Site Plan of the proposal, showing:
(A) Diameter, species name, location and
canopy of existing significant trees in relation to
proposed and existing structures, utility lines, and
construction limit line;
(B) Identification of all significant trees to
be removed and /or relocated;
(C) Existing and proposed topography of
the site at 2 -foot contour intervals;
(D) Limits of any sensitive area and
sensitive area buffer, and mean high water mark of the
river.
(2) Landscape Plan for the proposal,
showing:
(A) Diameter, species name, spacing and
location of replacement trees /vegetation to be used to
replace vegetation cleared;
(B) Diameter, species name and location
of all significant trees and vegetation to be retained;
(C) Proposed vegetation protection mea-
sures;
(D) Any other measures proposed to
restore the environmental and aesthetic benefits
previously provided by on -site vegetation.
(3) Professional review or recommenda-
tion — Submittal of, or agreement to submit, a review,
evaluation, recommendation or plan related to vegeta-
tion clearing or replacement prepared by a professional
consultant(s), such as a landscape architect, surveyor,
or certified arborist. Services may include, but are not
limited to:
(A) Providing a written evaluation of the
anticipated effects of proposed construction on the
viability of trees on -site; and /or
(B) Developing plans for, supervising,
and /or monitoring implementation of any required
tree protection or replacement measures; and /or
(C) Post - construction site inspection and
evaluation.
(4) Sensitive area mitigation plan — Identify
measures proposed for mitigation of vegetation clearing
in a sensitive area and /or its buffer per the Sensitive
Areas Overlay District chapter of this title.
(5) Time schedule — Proposed time schedule
of vegetation removal, relocation and /or replacement,
and other construction activities which may affect on-
site vegetation, sensitive area, sensitive area buffer,
and /or shoreline zone..
Page 18-92 December 4, 1995
TITLE 18 — ZONING
(6) Additional studies and conditions — The
Director may require supplemental studies or other
documentation, or specify conditions for work, at any
stage of the application or project as he /she may deem
necessary to ensure the proposal's compliance with
the requirements of this chapter, the Shoreline
Overlay District chapter or the Sensitive Areas Overlay
District chapter of this title, or to protect public or private
property. These conditions may include, but are not
limited to, hours or seasons within which work may
be conducted, or specific work methods.
(Ord. 1758 §1(part), 1995)
18.54.090 Waiver to permit materials.
The Director may waive the requirement for any
or all plans or permit materials specified in this chapter
upon finding that the information on the application is
sufficient to demonstrate that the proposed work will
meet the approval criteria detailed in this chapter and
other City ordinances. Such waiver of a requirement
for permit materials shall not be construed as waiving
any other requirements of this or related regulations.
(Ord. 1758 §1(part), 1995)
18.54.100 Permit application fee.
(a) Fee required: A non - refundable permit applica-
tion fee will be collected at the time of submittal of a
Tree Clearing Permit application. The application fee
will provide for the cost of plan review, administration
and management of the permitting process,
inspections, and processing of exceptions to standards
and appeals pursuant to this chapter. The application
fee shall be established, and may be amended, by the
City Council.
(b) Fee amount: The City shall collect a fee of
$25.00 for processing a Tree Clearing Permit, except as
noted in this chapter.
(c) Fee exception: No fee shall be required for
vegetation clearing associated with land - altering activity
approved under a Land - Altering Permit.
(Ord. 1758 §1(part), 1995)
18.54.110 Applicant insurance required.
(a) In addition to any permit materials or
conditions specified pursuant to this chapter, if in the
opinion of Director the nature of the work is such that it
may create a hazard to human life or endanger
adjoining property, then the Director may require the
applicant to submit a certificate of insurance.
(b) The certificate must show that the applicant is
insured against claims of damages involving personal
injuries and property in an amount prescribed by the
Director in accordance with the nature of the risks
involved and the following minimum amounts:
(1) Bodily injury liability:
$1 million per occurrence.
(2) Property damage liability:
$1 million per occurrence.
(c) All insurance policies obtained in .accordance
with these provisions shall name the City of Tukwila
as an "additional insured" and shall be written by a
company licensed to do business in the State of
Washington.
(Ord. 1758 §1(part), 1995)
18.54.120 Applicant security required.
To mitigate damages should they occur as a result
of clearing which is not authorized by a Tree Clearing
Permit, the Director may require from the applicant a
bond, letter of credit, or other means of security
acceptable to the City. The following provisions shall
apply in instances where such securities are required:
(1) The required security shall be submitted
prior to the issuance of a Tree Clearing Permit.
(2) The security shall be equal to City Staff's
best estimate of possible costs directly associated with
replacement of cleared vegetation which has not been
authorized to be cleared under a Tree Clearing Permit
(e.g. the replacement of vegetation approved for
retention, or the installation of replacement plantings
which the applicant has failed to install as required). In
no case shall the security exceed an amount equal to
2.5 times the current cost of replacing the plants per the
Tree Replacement requirements of this chapter.
(3) The security shall not be fully released
without final inspection and approval of completed
work by the City, submittal of any post- construction
evaluations, or following any prescribed trial mainten-
ance period required in the permit.
(4) Securities provided in accordance with this
chapter may be redeemed in whole or in part by the
City of Tukwila upon determination by the Director
that the applicant has failed to fully comply, within the
time specified, with approved plans and /or any
remedial or enforcement actions mandated in
accordance with this chapter.
(Ord. 1758 §1(part), 1995)
18.54.130 Permit Approval Criteria.
To the extent that vegetation retention and /or
replacement is consistent with project feasibility or
reasonable use of the property, vegetation clearing shall
be planned and conducted to meet all of the criteria
below. These criteria shall be the basis for approval,
approval with conditions or denial of any tree clearing
included in a Tree Clearing Permit application.
(1) Tree Retention — Site improvements
shall be designed and constructed to retain as many
existing healthy trees as possible, and to meet the
following criteria:
(A) Priority shall be given to retention of
existing stands of trees, trees at site perimeter, trees
within the shoreline Low Impact Environment, in
Sensitive Areas or Sensitive Area Buffers, and healthy
mature trees.
December 4, 1995 Page 18-93
TUKWILA MUNICIPAL CODE
(B) All understory vegetation within the
essential root zone of protected trees shall be:
(i) retained; OR
(ii) removed by methods which are
non - damaging to the tree, and replaced with vegetation
with horticultural requirements which are compatible
with protected trees.
(C) Vegetation removal shall be under-
taken in such a manner as to preserve, to the degree
possible, the aesthetic and ecological benefits provided
by such vegetation.
(2) Tree Protection Measures —
(A) The proposal shall include tree protec-
tion measures which meet or exceed best manage-
ment practices and current standards of professional
arboriculture, and which are sufficient to ensure the
viability of protected trees and other vegetation identi-
fied for retention pursuant to requirements of this
chapter, and shall include measures sufficient to protect
any Sensitive Area, its Buffer and vegetation within the
shoreline Low Impact Environment.
(B) During clearing and /or construction
activities, all protected vegetation shall be surrounded
by protective fencing which prevents adverse impacts
associated with clearing from intruding into areas of
protected vegetation.
(3) Tree Replacement — The site shall be
planted with trees to meet the following minimum
requirements:
(A) Each existing significant tree removed
shall be replaced with new tree(s), based on the size of
the existing tree as shown below, up to a maximum
density of 70 new trees per acre.
(B) Tree Replacement Ratios
Diameter of Existing
Tree Removed
No. of Replacement
Trees Required
4 - 8 inches
1
8 - 12 inches
2
12 - 18 inches
4
18 - 24 inches
6
>24 inches
8
(C) Prior to any vegetation removal, the
applicant shall demonstrate through a Landscape Plan,
Sensitive Area Mitigation Plan or other materials
required per the requirements of this chapter that
vegetation replacement will meet the following
minimum standards:
(i) Minimum sizes shall be 2.5 -inch
caliper for deciduous trees, 6 to 8 feet in height for
evergreen trees, 24 inches in height for shrubs, and 1
gallon for groundcover.
(ii) Replacement plants shall meet
current American Association of Nurserymen stan-
dards for nursery stock;
(iii) Planting and maintenance of
required replacement vegetation shall be in accordance
with best management practices for landscaping which
ensure the vegetation's long -term health and survival.
(4) Surrounding Environment— The timing
of, and methods to be used in any proposed vegetation
removal shall be such that impacts to protected
vegetation, wildlife, fisheries and the surrounding
environment are minimized.
(5) Tree Relocation — Tree relocation shall be
carried out according to best management practices, and
trees proposed for relocation shall have a reasonable
chance of survival.
(Ord. 1758 §1(part), 1995)
18.54.140 Permit exceptions.
(a) Exception Criteria
(1) The Director may grant exceptions from
the requirements of this chapter when undue hardship
may be created by strict compliance with the provi-
sions of this chapter. Any authorization for exception
may prescribe conditions deemed necessary or
desirable for the public interest, or necessary to meet
the intent of this chapter.
(2) An exception to this chapter shall not be
granted unless all of the following criteria are met:
(A) Strict compliance with the provisions
of this code may jeopardize project feasibility or reason-
able use of property.
(B) Proposed vegetation removal,
replacement, and any mitigative measures proposed,
are consistent with the purpose and intent given in this
chapter.
(C) The granting of the exception or
standard reduction will not be detrimental to the public
welfare or injurious to other property in the vicinity.
(3) In addition to the above criteria, the
Director may also consider any of the following in
reviewing an exception request:
(A) The recommendation of a certified
arborist supports the exception.
(B) The size of the site or project cannot
support the number of required replacement trees, and
off -site tree planting is proposed which furthers the
goals of this chapter and other City policies.
(C) On -site planting of alI required
replacement trees is not feasible, and the project
includes an equivalent contribution in funds and /or
labor and materials for off -site tree planting as jointly
agreed by the applicant and Director.
(D) Smaller -sized replacement plants are
more suited to the species, site conditions, and to the
purposes of this chapter, and are planted in sufficient
quantities to meet the intent of this chapter.
(b) Retention and Replacement of Canopy
Cover — or undeveloped sites or sites with dense
stands of trees, where the cost of identification of
individual tree species and sizes is inordinate relative
to the project, the Director may allow the applicant to
Page 18 -94
December 4, 1995
TITLE 18 — ZONING
use the tree canopy cover approach outlined below to
calculate retention and replacement of trees:
(1) The site shall have a minimum canopy
cover equal to 20% of the site area, or equal to the
existing canopy cover whichever is less.
(2) To meet the requirements for site canopy
cover, canopy cover may consist of any combination of
existing trees and replacement trees. Canopy cover of
each new tree shall be calculated at 314 square feet.
(c) Exception Procedures — An application for
any exception from this chapter shall be submitted in
writing by the property owner to the Director, and
shall accompany the application for a Tree Clearing
Permit. Such application shall fully state all substantiat-
ing facts and evidence pertinent to the exception
request, and include supporting maps or plans. The
Director shall not grant an exception unless and until
sufficient reasons justifying the exception are provided
by the applicant.
(Ord. 1758 § 1(part), 1995)
18.54.150 Permit processing and duration.
(a) If the proposed vegetation clearing and permit
application meet the requirements of this chapter, the
Director shall approve the application and issue the
Tree Clearing Permit.
(b) If the Tree Clearing Permit application is not
approved, the Director shall inform the applicant in
writing of the reasons for disapproval.
(c) From the date of issuance, permits shall be
valid for a period of 180 days.
(Ord. 1758 §1(part), 1995)
18.54.160 Permit conformance.
(a) Plan Conformance — All work must be per-
formed in accordance with approved Permit plans
specified in this chapter or revised plans as may be
determined by the Director. The applicant shall obtain
permission in writing from the Director prior to modi-
fying approved plans.
(b) Tree Protection Measures — All tree and
vegetation protection measures shown on approved
permit drawings shall be installed prior to initiation of
any clearing or land- altering activity.
(c) Protection of Property — The applicant shall
at all times protect improvements to adjacent private
properties and public rights -of -way or easements from
damage during clearing. The applicant shall restore to
the standards in effect at the time of the issuance of the
permit any public or private improvements damaged
by the applicant's operations.
(d) Maintenance Responsibility — All protected
and replacement trees and vegetation shown in
approved Tree Clearing Permit materials shall be
maintained in healthy condition by the property
owner throughout the life of the project, unless
otherwise approved by the Director in a subsequent
Tree Clearing Permit.
(Ord. 1758 §1(part), 1995)
18.54.170 Violations.
The following actions shall be considered
violations of this chapter: clearing, planting, relocation,
or maintenance of vegetation not authorized under or
in accordance with an approved Tree Clearing Permit,
where such permit is required, or not in accordance
with the provisions of this chapter. Each tree which is
cleared, not replaced or not maintained as required by
this chapter shall constitute a separate violation.
(Ord. 1758 §1(part), 1995)
18.54.180 Enforcement.
(a) General In addition to the Notice and Order
measures prescribed in TMC 8.45, Civil Violations, as
now in effect or as amended hereafter, the Director
may take any or all of the enforcement actions
prescribed in this Ordinance to ensure compliance
with, and /or remedy a violation of this Ordinance;
and /or when immediate danger exists to the public or
adjacent property, as determined by the Director.
(1) The Director may post the site with a "Stop
Work" order directing that all vegetation clearing not
authorized under a Tree Clearing Permit cease
immediately. The issuance of a "Stop Work" order
may include conditions or other requirements which
must be fulfilled before clearing may resume.
(2) The Director may, after written notice is
given to the applicant, OR after the site has been posted
with a "Stop Work" order, suspend or revoke any Tree
Clearing Permit issued by the City.
(3) No person shall continue clearing in an
area covered by a Stop Work order, or during the
suspension or revocation of a Tree Clearing Permit,
except work required to correct an imminent safety
hazard as prescribed by the Director.
(b) Injunctive relief — Whenever the Director
has reasonable cause to believe that any person is
violating or threatening to violate this chapter or any
provision of an approved Tree Clearing Permit, the
Director may institute a civil action in the name of the
City for injunctive relief to restrain the violation or
threatened violation. Such civil action may be
instituted either before or after, and in addition to, any
other action, proceeding or penalty authorized by this
chapter or TMC 8.45.
(c) Inspection access —
(1) The Director may inspect a property for the
purpose of inspection for compliance with the
provisions of a Tree Clearing Permit or this chapter,
consistent with TMC 8.45.070, Authority to Inspect.
(2) Where deemed necessary by the Director
to ensure compliance with permit requirements, upon
completion of all requirements of a Tree Clearing
Permit, the applicant shall request a final inspection by
contacting the Director. The permit process is complete
upon final approval by the Director.
(d) Remedial Measures Required — In addition
to penalties provided for in this chapter, the Director
December 4, 1995 Page 18-95
TUKWILA MUNICIPAL CODE
may require any person conducting vegetation clearing
in violation of this chapter to mitigate the impacts of
clearing by carrying out remedial measures. The
following provisions shall apply in instances where
such remedial measures are required:
(1) The applicant shall satisfy the permit
provisions as specified in this chapter.
(2) Remedial measures must conform to the
purposes and intent of this chapter. In addition,
remedial measures must meet the standards specified
in this chapter, and applicable standards for mitigation
outlined in the Sensitive Areas Overlay District chapter
of this title.
(3) Remedial measures must be completed to
the satisfaction of the Director within 6 months of the
date a Notice and Order is issued pursuant to TMC
8.45.040, or within the time period otherwise specified
by the Director.
(4) The cost of any remedial measures
necessary to correct violation(s) of this chapter shall be
borne by the property owner and /or applicant. Upon
the applicant's failure to implement required remedial
measures, the Director may redeem all or any portion
of any security submitted by the applicant to
implement such remedial measures, pursuant to the
provisions of this chapter.
(Ord. 1758 §1(part), 1995)
18.54.190 Liability.
(a) Liability for any adverse impacts or damages
resulting from work performed in accordance with a
Tree Clearing Permit issued on behalf of the City
within the City limits, shall be the sole responsibility
of the owner of the site for which the permit was
issued.
(b) Issuance of a Tree Clearing Permit and /or
compliance with permit provisions or conditions shall
not relieve an applicant from any responsibility
otherwise imposed by law for damage to persons or
property in an amount greater than the insured amount
required by this chapter.
(c) Nothing contained in this chapter shall be
deemed to relieve any property owner within the City
limits from the duty to keep any tree or vegetation
upon his property or under his control in such
condition as to prevent it from constituting a hazard or a
nuisance, per TMC 8.28.
(d) The amount of any security shall not serve as a
gauge or limit to the compensation collected from a
property owner as a result of damages associated with
any vegetation clearing.
(Ord. 1758 §1(part), 1995)
18.54.200 Conflicts with existing codes and
ordinances.
(a) Whenever conflicts exist between this chapter
and federal, State or local laws, ordinances or
regulations, the more restrictive provisions shall apply.
(b) Neither this chapter nor any administrative
decisions made under it exempts the permittee from
procuring other required permits or complying with
the requirements and conditions of such a permit.
(Ord. 1758 §1(part), 1995)
Page 18-96 December 4, 1995
TITLE 18 — ZONING
Chapter 18.56
OFF - STREET PARKING AND
LOADING REGULATIONS
Sections:
18.56.010
18.56.020
18.56.030
18.56.040
18.56.050
18.56.060
18.56.070
18.56.080
18.56.085
18.56.090
18.56.100
18.56.110
18.56.120
Purpose.
Chapter application.
Reduction of existing parking spaces.
General requirements.
Required number of parking spaces.
Loading space requirements.
Cooperative parking facility.
Parking for the handicapped.
Commercial vehicles in residential areas.
Compact car allowance.
Uses not specified.
Landscaping and screening.
Filing of plans.
18.56.010 Purpose.
It is the purpose of this chapter to provide for
adequate, convenient, and safe off - street parking and
loading areas for the different land uses described in
this title.
(Ord. 1758 §1(part), 1995)
18.56.020 Chapter application.
Off - street parking and loading spaces shall be
provided as an accessory use in all zones in accordance
with the requirements of this chapter, at the time any
building or structure is erected, enlarged or at the time
there is a change in its principal use.
(Ord. 1758 §1(part), 1995)
18.56.030 Reduction of existing parking spaces.
Any off - street parking area already in use or
established hereafter shall riot be reduced below the
limits required by this chapter by the construction of
any addition to a building or structure, nor by the
erection of an additional building or structure on the
property.
(Ord. 1758 §1(part), 1995)
18.56.040 General requirements.
Any required off - street parking and loading facilities
shall be developed in accordance with the following
standards:
(1) Location.
(A) Any on- premises parking area which
contains parking stalls located more than 1,000 feet
from the principal use shall require Board of
Architectural Review approval for the entire parking lot.
(B) Off - premises parking areas shall be
provided through a deed or easement or other legally
binding agreement running with the land, the term of
which shall be at least as long as the reasonable life of
the premises served thereby, or in lieu thereof, obtain
a conditional use permit, issued pursuant to the
requirements and procedures of the Conditional Use
Permits chapter of this title.
(2) Minimum parking area dimensions for
surface and structured parking facilities shall be as
provided in Figure 18 -6.
(3) Tandem Parking Spaces. In the MDR and
HDR zones, tandem spaces (where one car is parked
directly behind another) will be allowed for each three
bedroom and 1/3 of all two bedroom units. No more
than 1/3 of all project parking spaces may be tandem
and all tandem parking spaces will be designed for full
size rather than compact size vehicles based on the
dimensions in Figure 18 -6.
(4) Parking Area and Parking Area Entrance
and Exit Slopes. The slope of off - street parking spaces
shall not exceed 5 %. The slope of entrance and exit
driveways providing access for off - street parking areas
and internal driveway aisles without parking stalls
shall not exceed 15 %.
(5) Driveways and Maneuverability.
(A) Adequate ingress to and egress from
each parking space shall be provided without moving
another vehicle and without backing more than 50
feet.
(B) Turning and maneuvering space shall
be located entirely on private property unless
specifically approved by the Public Works Director and
the Board of Architectural Review.
(C) All parking spaces shall be internally
accessible to one another without reentering adjoining
public streets.
(D) When off - street parking is provided in
the rear of a building and a driveway or lane alongside
the building provides access to rear parking area, such
driveway shall require a minimum width of twelve
feet and a sidewalk of at least a three -foot section,
adjoining the building, curbed or raised six inches
above the driveway surface.
(E) Ingress and egress to any off- street
parking lot shall not be located closer than 20 feet from
point of tangent to an intersection.
(F) The Public Works Director 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 or
concrete 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.
December 4, 1995 Page 18-97
TUKWILA MUNICIPAL CODE
(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, or off the parking lot or strike
buildings. Wheel stops shall be two feet from the end
of the stall of head -in parking.
(8) Parallel parking stalls shall be designed so
that doors of vehicles do not open onto the public right -
of -way.
(9) Obstructions. No obstruction which
would restrict car door opening shall be permitted
within five feet of the centerline of a parking space.
(10) Lighting. Any lighting on a parking lot
shall illuminate only the parking lot, designed to avoid
undue glare or reflection on adjoining premises.
(1 1) 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) No commercial trucks over 8,000 pounds
gross vehicle weight, machinery, bulldozers, or similar
construction equipment shall be allowed to be stored
or parked in a residential zone.
(13) Parking stalls shall not be used for
permanent or semi - permanent parking or storage of
trucks or materials.
(Ord. 1758 §1(part), 1995)
18.56.050 Required number of parking spaces.
The minimum number of off -street parking spaces
for the listed uses shall be as shown in Figure 18 -7.
(Ord. 1758 §1(part), 1995)
18.56.060 Loading space requirements.
Off -street space for standing, loading and unloading
services shall be provided in such a manner as not to
obstruct freedom of traffic movement on streets or
alleys. For all office, commercial, and industrial uses,
each loading space shall consist of at least a ten -foot by
30 -foot loading space with 14 -foot height clearance for
small trucks such as pickup trucks, or a 12 -foot by 65-
foot loading space with 14 -foot height clearance for large
trucks, including tractor - trailer large spaces. The
prescribed number of spaces required are as follows:
Loading Space Requirements
Square Feet of Gross Floor Area
(Except Basement Area)
Number of
Spaces
Office Buildings, Hotels,
Hospitals, and Institutions
1
3,000 to
100,000
2
100,000 to
335,000
3
335,000 to
625,000
4
625,000 to
945,000
5
945,000 to
1,300,000
6
1,300,000 to
1,695,000
7
1,695,000 to
2,130,000
8
2,130,000 to
2,605,000
9
2,605,000 to
3,120,000
10
3,120,000 to
3,675,000
Number of
Spaces
Other Commercial and Industrial
Buildings (30% minimum large spaces)
1
Under10,000
2
10,000 to
25,000
3
25,000 to
85,000
4
85,000 to
155,000
5
155,000 to
235,000
6
235,000 to
325,000
7
325,000 to
425,000
8
425,000 to
535,000
9
535,000 to
655,000
10
655,000 to
775,000
11
775,000 to
925,000
These requirements may be modified by the
Planning Commission upon appeal and after hearing,
where the Commission finds that such reduction will
not result in injury to neighboring property or obstruc-
tion of fire lanes or traffic and will be in harmony with
the purposes and intent of this chapter.
(Ord. 1758 §1(part), 1995)
18.56.070 Cooperative parking facility.
When two or more uses occupy the same building
or when two or more buildings or uses cooperatively
share an off - street parking facility, the total require-
ments for off -street parking and loading facilities shall be
at least the sum of the requirements for the greater of
the uses at any one time or as deemed necessary by
the Planning Commission. All applications for cooper-
ative parking shall be reviewed and approved by the
Planning Commission.
(Ord. 1758 §1(part), 1995)
18.56.080 Parking for the handicapped.
(1) Application. Parking for the handicapped
shall be provided in all parking lots and garages except
for parking areas accessory to buildings and portions
thereof not customarily occupied by humans, and resi-
Page 18 -98
December 4, 1995
TITLE 18 — ZONING
dences, apartment houses, boarding and rooming
houses with ten or fewer dwelling units.
(2) Minimum Requirement. A minimum of
one parking space and not less than one additional
space for every 100 spaces, with a maximum of 35
spaces shall meet the requirements of this section.
(3) Location and Size. The required spaces
shall be those nearest the primary public building en-
trance of the building or buildings served, shall abut the
accessible route of travel, and shall not be less than
twelve feet six inches wide. The surface shall be firm,
stable, smooth, non -slip, and shall slope not more than
1 in 50.
(4) Curb -cuts. Where any curb occurs
between the accessible route of travel and any parking
space required by this section, curb -cuts shall be pro-
vided for each such parking space. The curb shall be
located so that disabled persons may gain access to the
accessible route of travel directly from the parking
space without entering a vehicular roadway.
(5) Signage. Parking spaces required by this
section shall be identified by a sign centered from four
feet to five feet above grade, at the head of the required
parking space, marked with the international symbol of
access. The sign shall also indicate that such space is
reserved for disabled persons authorized to display the
Washington State disabled overtime parking permit on
or in their vehicles.
(Ord. 1758 §1(part), 1995)
18.56.085 Commercial vehicles in residential
areas.
(a) Definitions. For purposes of this chapter:
(1) "Commercial vehicle" means:
(A) Any truck over 8,000 pounds gross
vehicle weight, the principal use of which is the
transportation of commodities, merchandise, produce,
freight or animals, or
(B) Bulldozers, cranes and similar con-
struction equipment;
(2) "Residential area" means any district
which is zoned LDR, MDR, HDR by the City.
(b) Conduct Prohibited. No person shall park a
commercial vehicle upon any street, alley, or drive-
way in a residential district, except:
(1) While loading or unloading;
(2) When necessary to avoid conflict with
other traffic or in compliance with law or the directions
of a peace officer or a traffic - control device; or
(3) In order to make recurring repairs.
(c) Penalty. Any person violating shall, upon con-
viction thereof, be punished by a fine of not more than
$500.00 and /or imprisonment for not more than 90
days.
(Ord. 1758 §1(part), 1995)
18.56.090 Compact car allowance.
(1) A maximum of 30% of the total required
off - street parking stalls may be permitted and
designated for compact cars.
(2) Each compact stall shall be designated as
such.
(3) Dimensions of compact parking stalls shall
conform to the standards as depicted in Figure 18 -6 of
this chapter.
(Ord. 1758 §1(part), 1995)
18.56.100 Uses not specified.
In the case of a use not specifically mentioned in
this chapter, the requirements for off - street parking
facilities shall be determined by the Director. Such
determination shall be based upon the requirements
for the most comparable use specified in this chapter.
(Ord. 1758 §1(part), 1995)
18.56.110 Landscaping and screening.
Landscaping and screening requirements shall be
as provided in the Landscape, Recreation, Recycling/
Solid Waste Space Requirements chapter of this title.
(Ord. 1758 §1(part), 1995)
18.56.120 Filing of plans.
Detailed plans of off -street parking areas, indicating
the proposed development including the location, size,
shape, design, curb -cuts, adjacent streets, circulation of
traffic, ingress and egress to parking lots and other
features and appurtenances of the proposed parking
facility, shall be filed with and reviewed by the DCD.
The parking area shall be developed and completed to
the required standards before an occupancy permit for
the building may be issued.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-99
A
B
C
D
E
F
Parking
Angle
Stall Width
Stall Depth
Aisle
1 -way Traffic
Width
2 -way Traffic
Curb Length
per Car
Unit
1 -way Traffic
Width
2 -way Traffic
0°
8.0'
8.0*
20.0*
28.0'
36.0'
8.5
8.5
12.0
20.0
23.0
29.0
37.0
20°
8.0*
13.0
23.4'
37.0*
46.0'
8.5
14.5
11.0
20.0
24.9
40.0
49.0
9.0
15.0
11.0
20.0
26.3
41.0
50.0
9.5
15.5
11.0
20.0
27.8
42.0
51.0
30°
8.0'
14.9'
16.0*
40.8*
49.8'
8.5
16.9
11.0
20.0
17.0
44.8
53.8
9.0
17.5
11.0
20.0
18.0
45.6
54.6
9.5
17.8
11.0
20.0
19.0
46.6
55.6
40°
8.0*
16.4*
12.5'
44.8'
52.8'
8.5
18.7
12.0
20.0
13.2
49.4
57.4
9.0
19.1
12.0
20.0
14.0
50.2
58.2
9.5
19.5
12.0
20.0
14.8
51.0
59.0
45°
8.0*
17.0*
11.3*
46.5'
54.0'
8.5
19.4
12.5
20.0
12.0
51.3
58.8
9.0
19.8
12.0
20.0
12.7
51.6
59.6
9.5
20.1
12.0
20.0
13.4
52.2
60.2
50°
8.0'
17.4*
10.4'
47.3'
54.8*
8.5
20.0
12.5
20.0
11.1
52.5
60.0
9.0
20.4
12.0
20.0
11.7
52.8
60.8
9.5
20.7
12.0
20.0
12.4
53.4
61.4
60°
8.0'
17.9'
9.2'
53.3*
55.8'
8.5
20.7
17.5
20.0
9.8
58.9
61.4
9.0
21.0
17.0
20.0
10.4
59.0
62.0
9.5
21.2
16.5
20.0
11.0
58.9
62.4
70°
8.0'
17.8'
8.5'
55.1'
55.6'
8.5
20.8
19.5
20.0
9.0
61.1
61.6
9.0
21.0
19.0
20.0
9.6
61.0
62.3
9.5
21.2
18.5
20.0
10.1
60.9
62.4
80°
8.0*
17.2'
8.1'
57.4*
58.4'
8.5
20.2
23.0
24.0
8.6
63.4
64.4
9.0
20.3
22.0
24.0
9.1
62.6
64.6
9.5
20.4
21.0
24.0
9.6
61.8
64.8
90°
8.0'
16.0'
8.0*
56.0'
57.0'
8.5
19.0
24.0
25.0
8.5
62.0
63.0
9.0
19.0
23.0
24.0
9.0
61.0
62.0
9.5
19.0
22.0
24.0
9.5
60.0
62.0
*These fk res are for use with compact cars aiy.
( Any bats which tartar cambhed compact and normal
spaces shall be desgned for normal spaces,) G • 19'
60 feet may be substlhited for =Tired trill width
al lots were the avalable width is h 50 -foot while
nu{tlples. 40 feet may be used for she parkhq
bay ( row), at 90deq -ee and a two -way traffic
aisle when aiy a shcie 40 feet. lot Is available.
In both cases, a minim 9 -1/ 2 foot stall width
shall be provided.
Off-5treet parking
Area nimenslons
Figure 18 -6
Single- family and multi- family
dwellings
2 for each dwelling unit; additional parking may be required for home occu-
pations and accessory dwelling units as otherwise proved by this title
2.5 for each 1,000 square feet of gross floor area
Business and commercial
buildings, excluding retail sales
Churches, mortuaries and
funeral homes
1 for each 5 fixed seats
Convalescent /nursing/
rest homes
1 for every 4 beds with a minimum of 10 stalls
Fast food restaurant
1 for each 50 square feet of gross floor area
Food stores and markets
1 for each 300 square feet of gross floor area
High schools
1 for each staff member plus 2 for every 5 students or visitors
Hospitals
1 for each bed
Hotels and motels
1 for each room
Industrial buildings
1 for each 1,000 square feet of gross floor area
Office and professional buildings,
banks, dental and medical clinics
2.5 for each 1,000 square feet of gross floor area
Outdoor sports areas or parks
Shall be determined by Planning Commission
Places of public assembly,
including auditoriums, exhibition
halls, community clubs,
community centers (except for
community centers owned or
operated by the City of Tukwila),
theaters, and private clubs.
The Director shall determine the number of required parking spaces within
the following range:
Minimum of 1 space for every 100 square -feet of assembly area.
Maximum of 1 space for every 60- square -feet of assembly area.
To ensure parking adequacy for each proposal, the Director may consider
the following:
a. A parking study or documentation paid for by the applicant and
administered by the City regarding the actual parking demand for the
proposed use, or
b. Evidence in available planning and technical studies relating to the
proposed use.
Community centers owned or
operated by the City of Tukwila
1 space for each 200 square feet of gross floor area
Post offices
3 for each 1,000 square feet of gross floor area
Public facilities, including
libraries, police and fire stations
Shall be determined by the Planning Commission
Restaurant
1 for each 100 square feet of gross floor area
Retail sales
4 for each 1,000 square feet of gross floor area if located within the TUC
or TVS zoning districts; 2.5 for each 1,000 square feet of gross floor area if
located in any other zoning district.
Schools, including elementary,
junior high, private and parochial
schools
1.5 for each staff member
Shopping center (mall), planned, per gross leasable floor area size, as listed below
600,000 sq. ft. 5 for every 1,000 sq. ft.; restaurant factor — minus 4 stalls per 1,000 sq. ft.
or larger of gross restaurant floor area; theater factor — plus 3 stalls per every 100
seats over initial 750 seats
400,000 — 599,999 sq. ft. 4 to 5 for every 1,000 sq. ft. per linear progression; restaurant factor — no
additional parking; theater factor — plus 3 stalls per 100 seats over initial
750 seats
200,000 — 399,999 sq. ft. 4 for every 1,000 sq. ft.; restaurant factor — no additional parking; theater
factor — plus 3 stalls per 100 seats over initial 750 seats
100,000— 199,999 sq. ft. 4 for every 1,000 sq. ft.; restaurant factor — plus 6 stalls per 1,000 sq. ft. of
gross restaurant floor area; theater factor — plus 3 stalls per 100 seats over
initial 450 seats
25,000 — 4 for every 1,000 sq. ft.; restaurant factor — plus 10 stalls per 1,000 sq. ft.
99,999 of gross restaurant floor area; theater factor — plus 3 stalls per 100 seats,
sq. ft. provided cinema occupies 10% or more of total gross leasable area
Taverns
1 for every 4 persons based on occupancy load.
Minimum Number of'
Off Street parking Spaces
F icpre I8-1
TUKWILA MUNICIPAL CODE
Chapter 18.60
BOARD OF ARCHITECTURAL REVIEW
Sections:
18.60.010
18.60.020
18.60.030
18.60.040
18.60.050
18.60.053
18.60.055
18.60.070
Purpose and objectives.
Membership.
Scope of authority.
Application requirements.
Review guidelines.
Multi- family review guidelines.
Hotel and motel review guidelines.
Action by Board of Architectural Review.
18.60.010 Purpose and objectives.
It is the purpose of this chapter to provide for the
review by public officials of land development and
building design in order to promote the public health,
safety and welfare. Specifically, the Board of Architec-
tural Review ( "BAR ") shall only approve well designed
developments that are creative and harmonious with
the natural and manmade environments.
(Ord. 1758 §1(part), 1995)
18.60.020 Membership.
The Board of Architectural Review shall consist of
the members of the Planning Commission. The offi-
cers of the Planning Commission shall also sit as
officers of the Board of Architectural Review.
(Ord. 1758 §1(part), 1995)
18.60.030 Scope of authority.
(1) The rules and regulations of the Board of
Architectural Review shall be the same as those stated
for the Planning Commission in the bylaws of the
Tukwila Planning Commission. The Board shall have
the authority to approve, approve with conditions, or
deny all plans submitted to it based on a clear demon-
stration of compliance with all of the guidelines of this
chapter.
(2) The Board of Architectural Review shall
review proposed development plans for the following
described land use actions:
(A) All developments will be subject to
design review with the following exceptions:
(i) Developments in LDR districts,
(ii) Developments exempted in the
various districts,
(iii) Developments in LI, HI, MIC /L,
MIC /H and TVS districts except when within 300 feet
of residential districts or within 200 feet of the
Green /Duwamish River or that require a shoreline
permit;
(B) Any exterior repair, reconstruction,
cosmetic alterations or improvements, the cost of
which equals or exceeds 10% of the building's
assessed valuation, of any existing commercial devel-
opment in excess of 10,000 gross square feet in
building floor area in MUO, 0, RCC, NCC, RC, RCM
TUC and C /LI zoning districts.
(3) No changes shall be made to BAR approved
designs without further BAR approval and considera-
tion of the change in the context of the entire project;
except that the Director is authorized to approve minor,
insignificant modifications which have no impact on
the project design.
(Ord. 1758 §1(part), 1995)
18.60.040 Application requirements.
All applications shall be accompanied by a filing fee
as required in the Application Fees chapter of this title
and shall include, but are not limited to, site plans,
exterior building elevations, an environmental
checklist if applicable, and other materials as required
by the DCD. Models and /or photo montages shall be
required for multi - family projects over six (6) dwelling
units. Exemptions for minor projects may be granted
by the Director. Minor projects shall include, but not
be limited to, new interior garages, dumpster
screening, and other changes which have no
significant affect on project design.
Building permit applications shall not be granted
until approval of plans by the BAR.
(Ord. 1758 §1(part), 1995)
18.60.050 Review guidelines.
The BAR is authorized to request and rely upon
any document, guideline, or other consideration it
deems relevant or useful to satisfy the purpose and ob-
jectives of this chapter, specifically including but not
limited to the following, which shall be considered in
all cases, except that developments containing multi-
family units shall use the multi - family design
guidelines of this chapter instead:
(1) Relationship of Structure to Site.
(A) The site should be planned to accom-
plish a desirable transition with streetscape and to
provide for adequate landscaping and pedestrian move-
ment;
(B) Parking and service areas should be
located, designed and screened to moderate the visual
impact of large paved areas;
(C) The height and scale of each building
should be considered in relation to the site.
(2) Relationship of Structure and Site to Adjoin-
ing Area.
(A) Harmony on texture, lines and
masses is encouraged;
(B) Appropriate landscape transition to
adjoining properties should be provided;
(C) Public buildings and structures should
be consistent with the established neighborhood
character;
(D) Compatibility of vehicular pedestrian
circulation patterns and loading facilities in terms of
Page 18-100 December 4, 1995
TITLE 18 — ZONING
safety, efficiency and convenience should be encour-
aged;
(E) Compatibility of on -site vehicular cir-
culation with street circulation should be encouraged.
(3) Landscaping and Site Treatment.
(A) Where existing topographic patterns
contribute to beauty and utility of a development, they
should be recognized, preserved and enhanced;
(B) Grades of walks, parking spaces,
terraces and other paved areas should promote safety
and provide an inviting and stable appearance;
(C) Landscape treatment should enhance
architectural features, strengthen vistas and important
axis, and provide shade;
(D) In locations where plants will be
susceptible to injury by pedestrian or motor traffic,
mitigating steps should be taken;
(E) Where building sites limit planting, the
placement of trees or shrubs in paved areas is encour-
aged;
(F) Screening of service yards, and other
places which tend to be unsightly, should be accom -
plished by use of walls, fencing, planting or combina-
tion;
(G) In areas where general planting will
not prosper, other materials such as fences, walls and
pavings of wood, brick, stone or gravel may be used;
(H) Exterior lighting, when used, should
enhance the building design and the adjoining land-
scape. Lighting standards and fixtures should be of a
design and size compatible with the building and adja-
cent area. Lighting should be shielded, and restrained
in design. Excessive brightness and brilliant colors
should be avoided.
(4) Building Design.
(A) Architectural style is not restricted,
evaluation of a project should be based on quality of its
design and relationship to its surroundings;
(B) Buildings should be to appropriate
scale and in harmony with permanent neighboring
developments;
(C) Building components such as win-
dows, doors, eaves, and parapets should have good
proportions and relationship to one another. Building
components and ancillary parts shall be consistent with
anticipated life of the structure;
(D) Colors should be harmonious, with
bright or brilliant colors used only for accent;
(E) Mechanical equipment or other utility
hardware on roof, ground or buildings should be
screened from view;
(F) Exterior lighting should be part of the
architectural concept. Fixtures, standards, and all ex-
posed accessories should be harmonious with building
design;
(G) Monotony of design in single or mul-
tiple buildings projects should be avoided. Variety of
detail, form and siting should be used to provide visual
interest.
(5) Miscellaneous Structures and Street Furni-
ture.
(A) Miscellaneous structures and street
furniture should be designed to be part of the architec-
tural concept of design and landscape. Materials should
be compatible with buildings, scale should be appro-
priate, colors should be in harmony with buildings and
surroundings, and proportions should be to scale;
(B) Lighting in connection with miscella-
neous structures and street furniture should meet the
guidelines applicable to site, landscape and buildings.
(Ord. 1758 §1(part), 1995)
18.60.053 Multi- family review guidelines.
In reviewing any application, the following guide-
lines shall be used by the BAR in its decision making.
The applicant shall bear the full burden of proof that the
proposed development plans satisfy all of the review
guidelines. The BAR may modify a literal interpreta-
tion of the review guidelines if, in their judgment,
such modification(s) better implement the Compre-
hensive Plan goals, objectives and policies.
(1) Site Planning.
(A) Building siting, architecture, and land-
scaping shall be integrated into and blend harmonious-
ly with the neighborhood building scale, natural envi-
ronment, and development characteristics as envi-
sioned in the Comprehensive Plan. For instance, a
multi - family development's design need not be har-
moniously integrated with adjacent single family struc-
tures if that existing single family use is designated as
"Commercial" or "High Density Residential" in the
Comprehensive Plan. However, a "Low Density Res-
idential" (detached single family) designation would
require such harmonious design integration.
(B) Natural features which contribute to
desirable neighborhood character shall be preserved to
the maximum extent possible. Natural features
include, but are not limited to, existing significant trees
and stands of trees, wetlands, streams, and significant
topographic features.
(C) The site plan shall use landscaping and
building shapes to form an aesthetically pleasing and
pedestrian scale streetscape. This shall include, but not
be limited to facilitating pedestrian travel along the
street, using architecture and landscaping to provide a
desirable transition from streetscape to the building, and
providing an integrated linkage from pedestrian and
vehicular facilities to building entries.
(D) Pedestrian and vehicular entries shall
provide a high quality visual focus using building siting,
shapes, and landscaping. Such a feature establishes a
physical transition between the project and public
areas, and establishes the initial sense of high quality
development.
December 4, 1995 Page 18-101
TUKWILA MUNICIPAL CODE
(E) Vehicular circulation design shall min-
imize driveway intersections with the street.
(F) Site perimeter design (i.e. landscaping,
structures, and horizontal width) shall be coordinated
with site development to ensure a harmonious transi-
tion between adjacent projects.
(G) Varying degrees of privacy for the
individual residents shall be provided; increasing from
the public right -of -way, to common areas, to individual
residences. This can be accomplished through the use
of symbolic and actual physical barriers to define the
degrees of privacy appropriate to specific site area func-
tions.
(H) Parking and service areas shall be
located, designed, and screened to interrupt and reduce
the visual impact of large paved areas;
(I) The height, bulk, footprint, and scale of
each building shall be in harmony with its site and
adjacent long -term structures.
(2) Building Design.
(A) Architectural style is not restricted,
evaluation of a project shall be based on the quality of
its design and its ability to harmonize building texture,
shape, lines and mass with the surrounding neighbor-
hood;
(B) Buildings shall be of appropriate
height, scale, and design /shape to be in harmony with
those existing permanent neighboring developments
which are consistent with, or envisioned in, the Com-
prehensive Plan. This will be especially important for
perimeter structures. Adjacent structures which are
not in conformance with the Comprehensive Plan
should be considered to be transitional. The degree of
architectural harmony required should be consistent
with the non - conforming structure's anticipated per-
manence;
(C) Building components, such as win-
dows, doors, eaves, parapets, stairs and decks shall be
integrated into the overall building design. Particular
emphasis shall be given to harmonious proportions of
these components with those of adjacent develop-
ments. Building components and ancillary parts shall
be consistent with the anticipated life of the structure;
(D) The overall color scheme shall work
to reduce building prominence and shall blend in with
the natural environment.
(E) Monotony of design in single or mul-
tiple building projects shall be avoided. Variety of
detail, form, and siting shall be used to provide visual
interest. Otherwise monotonous flat walls and uni-
form vertical planes of individual buildings shall be
broken up with building modulation, stairs, decks,
railings, and focal entries. Multiple building develop-
ments shall use siting and additional architectural vari-
ety to avoid inappropriate repetition of building designs
and appearance to surrounding properties.
(3) Landscape and Site Treatment
(A) Existing natural topographic patterns
and significant vegetation shall be reflected in project
design when they contribute to the natural beauty of
the area or are important to defining neighborhood
identity or a sense of place;
(B) Landscape treatment shall enhance
existing natural and architectural features, help separate
public from private spaces, strengthen vistas and
important views, provide shade to moderate the affects
of large paved areas, and break up visual mass;
(C) Walkways, parking spaces, terraces,
and other paved areas shall promote safety and
provide an inviting and stable appearance. Direct pedes-
trian linkages to the public street, to on -site recreation
areas, and to adjacent public recreation areas shall be
provided;
(D) Appropriate landscape transition to
adjoining properties shall be provided;
(4) Miscellaneous Structures.
(A) Miscellaneous structures shall be
designed as an integral part of the architectural concept
and landscape. Materials shall be compatible with
buildings, scale shall be appropriate, colors shall be in
harmony with buildings and surroundings, and struc-
ture proportions shall be to scale;
(B) Screening of service yards, and other
places which tend to be unsightly, shall be accom-
plished by the use of walls, fencing, planting, berms, or
combinations of these. Screening shall be effective in
winter and summer;
(C) Mechanical equipment or other utility
hardware on roof, ground or buildings shall be
screened from view. Screening shall be designed as
an integral part of the architecture (i.e., raised parapets
and fully enclosed under roof) and landscaping;
(D) Exterior lighting standards and fixtures
shall be of a design and size consistent with safety,
building architecture and adjacent area. Lighting shall
be shielded, and restrained in design with no off -site
glare spill over. Excessive brightness and brilliant
colors shall not be used unless clearly demonstrated to
be integral to building architecture.
(Ord. 1758 §1 (part), 1995)
18.60.055 Hotel and motel review guidelines.
In reviewing any application for a hotel or motel,
guidelines listed in the "multi- family review
guideline" section of this chapter shall be used by the
BAR in its decision making.
(Ord. 1758 §1(part), 1995)
18.60.070 Action by Board of Architectural
Review.
(1) Approval. If the BAR approves the
proposed development, a building permit may be
issued by the appropriate City official providing all other
requirements of the building code and ordinances of
the City have been complied with.
Page 18-102 December 4, 1995
TITLE 18 — ZONING
(2) Approval with Conditions. If the BAR
approves the proposed development plans with
conditions, it may require that such conditions shall be
fulfilled prior to the issuance of a building or occupancy
permit, where appropriate.
(3) Denial. The BAR may deny the
proposed development plans if the plans do not satisfy
the guidelines of this chapter.
(4) All decisions of the BAR shall be final
unless appealed.
(Ord. 1758 §1(part), 1995)
Chapter 18.64
CONDITIONAL USE PERMITS
Sections:
18.64.010
18.64.020
18.64.030
18.64.040
18.64.050
18.64.060
18.64.070
18.64.080
18.64.090
Purpose.
Uses requiring a conditional use permit.
Application — Requirements and fees.
Application — Hearing — Notice.
Criteria.
Expiration and renewal.
Revocation of permit.
Performance bond and other security.
Resubmittal of application.
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 neighbor-
hood and land uses in the vicinity. The uses in this
chapter may be located in any district, unless specifi-
cally not permitted, by special permission of the
Planning Commission under such conditions as the
commission may impose.
(Ord. 1758 §1(part), 1995)
18.64.020 Uses requiring a conditional use permit.
The conditional uses listed in the specified use
districts require a conditional use permit in order to
locate and operate in an appropriate zone district within
the City.
(Ord. 1758 §1(part), 1995)
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 and
shall contain the following documents:
(1) Completed application form with
environmental data;
(2) Affidavit of the ownership or of sub-
stantial beneficial interest in the subject property;
(3) Scaled site and building elevation
plans;
(4) Vicinity map;
(5) List of names and addresses of all
property owners within 300 feet of the subject site;
(6) Any other graphic materials required
to adequately describe the proposal.
(Ord. 1758 §1(part), 1995)
18.64.040 Application — Hearing — Notice.
Upon completion of review of the proposed project
by the DCD, the Planning Commission shall schedule
a public hearing to consider the application for the
conditional use permit. Public notice for such hearing
December 4, 1995 Page 18-103
TUKWILA MUNICIPAL CODE
shall be made in accordance with the Public Notice of
Hearing chapter of this title.
(Ord. 1758 §1(part), 1995)
18.64.050 Criteria.
The Planning Commission shall be guided by the
following criteria in granting a conditional use permit:
(1) The proposed use will not be materi-
ally detrimental to the public welfare or injurious to the
property or improvements in the vicinity of the
proposed use or in the district in which the subject
property is situated;
(2) The proposed use shall meet or
exceed the performance standards that are required in
the district it will occupy;
(3) The proposed development shall be
compatible generally with the surrounding land uses
in terms of traffic and pedestrian circulation, building
and site design;
(4) The proposed use shall be in keeping
with the goals and policies of the Comprehensive Land
Use Policy Plan;
(5) All measures have been taken to
minimize the possible adverse impacts which the
proposed use may have on the area in which it is
located.
(Ord. 1758 §1(part), 1995)
18.64.060 Expiration and renewal.
A conditional use permit shall automatically expire
one year after the date it was granted by the Planning
Commission 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 construc-
tion of the proposed development is completed within
two years from the date the conditional use permit is
granted by the Planning Commission. The Planning
Commission may authorize longer periods for a condi-
tional use permit if appropriate for the project. The
Planning Commission 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 hearing is required for a renewal of a conditional
use permit.
(Ord. 1758 §1(part), 1995)
18.64.070 Revocation of permit.
(1) The Planning Commission may revoke or
modify a conditional use permit. Such revocation or
modification shall be made on any one or more of the
following grounds:
(A) That the approval was obtained by
deception, fraud, or other intentional and misleading
represen tations;
(B) That the use for which such approval
was granted has been abandoned;
(C) That the use for which such approval
was granted has at any time ceased for a period of one
year or more;
(D) That the permit granted is being exer-
cised contrary to be the terms or conditions of such
approval or in violation of any statute, resolution, code,
law or regulations; or
(E) That the use for which the approval
was granted was so exercised as to be detrimental to
the public health or safety.
(2) Any aggrieved party may petition the
Planning Commission in writing to initiate revocation
or modification proceedings.
(3) 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 applica-
tion.
(Ord. 1758 §1(part), 1995)
18.64.080 Performance bond and other security.
A performance bond or other adequate and appro-
priate security may be required by the Planning
Commission for any elements of the proposed project
which the Commission 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.
(Ord. 1758 §1(part), 1995)
18.64.090 Resubmittal of application.
An application for a conditional use permit which
has been denied may not be resubmitted within six
months from the date of Planning Commission or
Council disapproval, whichever is later.
(Ord. 1758 §1(part), 1995)
Page 18-104 December 4, 1995
TITLE 18 — ZONING
Chapter 18.66
UNCLASSIFIED USE PERMITS
Sections:
18.66.010 Purpose.
18.66.020 Uses requiring an unclassified use permit
(UUP)
18.66.030 Area and dimensional requirements.
18.66.040 Application requirements.
18.66.050 Notice and hearing requirements.
18.66.060 Criteria.
18.66.070 Expiration and renewal.
18.66.080 Revocation of permit.
18.66.090 Performance bond and other security.
18.66.100 Resubmittal of application.
18.66.010 Purpose.
It is the purpose of this chapter to establish proce-
dures for the regulation of uses possessing characteris-
tics of such unusual, large - scale, unique or special form
as to make impractical their being included automati-
cally in any class of use as set forth in the various use
districts previously defined.
(Ord. 1758 §1(part), 1995)
18.66.020 Uses requiring an unclassified use
permit (UUP).
The unclassified uses listed in the specified use
districts require an unclassified use permit processed as
provided in this chapter.
(Ord. 1758 §1(part), 1995)
18.66.030 Area and dimensional requirements.
(1) The requirements for front, rear and side
yards and open spaces and landscaping applicable to the
underlying zone classification in which any such use
is proposed to be located shall prevail, unless specific
modifications are required in granting the unclassified
use permit.
(2) The provisions applying to height and min-
imum lot area and width applicable to the underlying
zone classification in which any such use is proposed
to be located shall prevail unless specific modifications
are required in granting the unclassified use permit.
(Ord. 1758 §1(part), 1995)
18.66.040 Application requirements
Application for unclassified 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 and
shall contain the following documents:
(1) Completed application form with envi-
ronmental data;
(2) Affidavit of the ownership or of substantial
beneficial interest in the property;
(3) Scaled site and building elevation plans;
(4) Vicinity map;
(5) List of names and addresses of all property
owners within 300 feet of the subject site;
(6) Any other graphic materials required to
adequately describe the proposal.
(Ord. 1758 §1(part), 1995)
18.66.050 Notice and hearing requirements.
Upon completion of review of the proposed project
by the DCD, the Planning Commission shall schedule
a public hearing to consider the application for the
unclassified use permit. Public notice for such hearing
shall be made in accordance with the Public Notice of
Hearing chapter of this title. Following the public
hearing, the Planning Commission shall make a
recommendation regarding the proposed project which
shall be forwarded to the City Council for its considera-
tion. The City Council need not hold a public hearing
on the permit application but shall consider the
Planning Commission recommendation at a regular
Council meeting. The City Council action shall be
made in resolution form and shall specifically state
what is approved and any conditions thereof.
(Ord. 1758 §1(part), 1995)
18.66.060 Criteria.
The Planning Commission and City Council shall
be guided by the following criteria in granting an
unclassified use permit:
(1) The proposed use will not be materially
detrimental to the public welfare or injurious to the
property or improvements in the vicinity;
(2) The proposed use shall meet or exceed the
same standards for parking, landscaping, yards and
other development regulations that are required in the
district it will occupy;
(3) The proposed development shall be
compatible generally with the surrounding land uses;
(4) The proposed use shall be in keeping with
the goals, objectives, and policies of the Comprehen-
sive Land Use Policy Plan;
(5) All measures shall be taken to minimize
the possible adverse impacts which the proposed use
may have on the area in which it is located.
(Ord. 1758 §1(part), 1995)
18.66.070 Expiration and renewal.
An unclassified use permit shall automatically
expire one year after the date it was granted by the
City Council unless a building permit conforming to
plans upon which the permit was granted is obtained
within that period of time. An unclassified use permit
shall automatically expire unless substantial construc-
tion shall be completed within two years from the date
the unclassified use permit is granted by the City
Council, unless a renewal is granted or unless the UUP
specifically provides for a period greater than two years.
The City Council, upon recommendation of the
December 4, 1995 Page 18-105
TUKWILA MUNICIPAL CODE
Planning Commission, may renew an unclassified use
permit for a maximum period of one additional year.
No more than one renewal shall be issued for any
UUP. A renewal may be granted only if there have
been no pertinent changes in conditions surrounding
the property since the time of original approval. No
hearing is required for renewal of an unclassified use
permit.
(Ord. 1758 §1(part), 1995)
18.66.080 Revocation of permit.
(1) The City Council, after a recommendation
from the Planning Commission, may revoke or mod-
ify any unclassified use permit. Such revocation or
modification shall be made on any one or more of the
following grounds:
(A) That the approval was obtained by
deception, fraud, or other intentional and misleading
representation;
(B) That the use for which such approval
was granted has at any time ceased for a period of one
year or more;
(C) That the use for which such approval
was granted has been abandoned;
(D) That the permit granted is exercised
contrary to the terms or conditions of such approval or
in violation of any statute, resolution, code, law or
regulation;
(E) That the use for which the approval
was granted is so exercised as to be detrimental to the
public health or safety.
(2) Any aggrieved party may petition the City
Council in writing to initiate revocation or modification
proceedings.
(3) Before an unclassified 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 an unclassified use permit appli-
cation.
(Ord. 1758 §1(part), 1995)
18.66.090 Performance bond or other security.
A performance bond or other adequate and appro-
priate security may be required by the City Council for
any elements of the proposed project which the
Council 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.
(Ord. 1758 §1(part), 1995)
18.66.100 Resubmittal of application
An application for an unclassified use permit which
has been disapproved by the Council cannot be
resubmitted to the Planning Commission within six
months of the date of Council disapproval.
(Ord. 1758 §1(part), 1995)
Sections:
18.70.010
18.70.020
18.70.030
18.70.040
18.70.050
18.70.055
18.70.060
18.70.070
18.70.080
18.70.090
18.70.100
18.70.110
18.70.120
Chapter 18.70
NONCONFORMING LOTS,
STRUCTURES AND USES
Purpose.
Construction approved prior to adoption of
title.
Preexisting legal lots of record.
Nonconforming uses.
Nonconforming structures.
Mobile and manufactured homes.
Repairs and maintenance.
Building safety.
Nonconforming parking lots.
Nonconforming landscape areas.
Conditional uses.
Nonconforming adult entertainment
establishment.
Sidewalk dedication.
18.70.010 Purpose.
It is the purpose of this chapter to establish limita-
tions on the expansion and extension of nonconform-
ing uses and structures which adversely affect the
development and perpetuation of desirable residential,
commercial, and industrial areas with appropriate
groupings of compatible and related uses.
(Ord. 1758 §1(part), 1995)
18.70.020 Construction approved prior to adoption
of title.
To avoid undue hardship, nothing in this title shall
be deemed to require a change in plans, construction or
designated use of any building on which actual con-
struction was lawfully begun prior to adoption of this
title and upon which actual building construction has
been carried on in a diligent manner. Actual construc-
tion shall consist of materials in permanent positions
and fastened in a permanent manner, and demolition,
elimination and removal of one or more existing struc-
tures in connection with such construction; providing,
that actual construction work shall be diligently carried
on until the completion of the structure involved.
(Ord. 1758 §1(part), 1995)
18.70.030 Preexisting legal Tots of record.
An authorized use or structure may be erected on
a preexisting legal lot and containing less area than
required by the zone district in which it is located;
provided, the front, side and rear yard requirements as
well as other applicable dimensional standards of this
title are met.
(Ord. 1758 §1(part), 1995)
Page 18-106 December 4, 1995
TITLE 18 — ZONING
18.70.040 Nonconforming uses.
Any preexisting lawful use of land exists that is
made nonconforming under the terms of this title as
enacted may be continued so long as that use remains
lawful, subject to the following provisions:
(1) No such nonconforming use shall be
enlarged or increased nor extended to occupy a greater
use than was occupied at the effective date of adoption
of this title;
(2) No nonconforming use shall be moved 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 24 months, 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;
(5) If no structural alterations are made, any
nonconforming use of a structure or structure and
premises may be changed to another nonconforming
use, provided that the Board of Adjustment, by making
findings in the specific case, shall find that the proposed
use is more appropriate to the zone than the existing
nonconforming use. In permitting such change, the
Board of Adjustment may require appropriate condi-
tions and safeguards in accord with the provisions of
this title;
(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.
(Ord. 1758 §1(part), 1995)
18.70.050 Nonconforming structures.
Where a lawful structure exists at the effective date
of adoption of this title that could not be built under the
terms of this title by reason of restrictions on area, lot
coverage, height, yards or other characteristics of the
structure, it may be continued so long as the structure
remains otherwise lawful subject to the following
provisions:
(1) No such structure may be enlarged or
altered in a way which increases its degree of noncon-
formity. Alterations, additions or enlargements may be
allowed as long as the work done does not extend
further into any required yard or violate any other
portion of this title. Complete plans shall be required of
all work contemplated under this section.
(2) Should such structure be destroyed by any
means to an extent of more than 50% of its
replacement cost at time of destruction, in the
judgment of the City's Building Official, it shall not be
reconstructed except in conformity with provisions of
this title, except that in the R -1 zone, structures that are
nonconforming in regard to yard setbacks but were in
conformance at the time of construction may be
reconstructed to their original dimensions and location
on the lot.
(3) Should such structure be moved for any
reason or any distance whatsoever, it shall thereafter
conform to the regulations for the zone in which it is
located after it is moved.
(4) When a nonconforming structure, or
structure and premises in combination, is vacated or
abandoned for 24 consecutive months, the structure, or
structure and premises in combination, shall thereafter
be required to be in conformance with the regulations
of the zone in which it is located. Upon request of the
owner, the City Council may grant an extension of
time beyond the 24 consecutive months.
(5) Residential structures and uses located in
any single- family or multiple- family residential zoning
district and in existence at the time of adoption of this
title shall not be deemed nonconforming in terms of
bulk, use, or density provisions of this title. Such
buildings may be rebuilt after a fire or other natural
disaster to their original dimensions and bulk, but may
not be changed except as provided in the non-
conforming uses section of this chapter.
(6) Single - family structures in single- or
multiple - family residential zone districts, which have
legally non - conforming building setbacks, shall be
allowed to expand along the existing building line(s) if
the existing distance from the nearest point of the
structure to the property line is not reduced.
(7) In wetlands, watercourses and their
buffers, existing structures that do not meet the
requirements of the Sensitive Areas Overlay District
chapter of this title may be remodeled, reconstructed or
replaced, provided that:
(A) The new construction does not
further intrude into or adversely impact an
undeveloped sensitive area or the required buffer;
(B) The new construction does not
threaten the public health, safety or welfare; and
(C) The structure otherwise meets the
requirements of this chapter.
(8) In areas of potential geologic instability, coal
mine hazard areas, and buffers, as defined in the
Sensitive Areas Overlay District chapter of this title,
existing structures may be remodeled, reconstructed or
replaced, provided that:
(A) The new construction is subject to the
geotechnical report requirements and standards of
Section 18.45.080(e) and (f);
(B) The new construction does not
threaten the public health, safety or welfare;
December 4, 1995 Page 18-107
TUKWILA MUNICIPAL CODE
(C) The new construction does not
increase the potential for soil erosion or result in
unacceptable risk or damage to existing or potential
development or to neighboring properties; and
(D) The structure otherwise meets the
requirements of this chapter.
(Ord. 1758 §1(part), 1995)
18.70.055 Mobile and manufactured homes.
Legally preexisting mobile and manufactured
homes may be replaced. The replacement must be
with a HUD - approved manufactured home and must
also meet the following standards:
(1) Shall have roofing material that is
residential in appearance including, but not limited to,
approved wood, asphalt composition shingles or
fiberglass, but excluding corrugated aluminum,
corrugated fiberglass or metal roof;
(2) Shall have a minimum roof pitch of three
inch rise for each twelve inches of run, or about 25 %;
(3) Shall be installed in accordance with
manufacturer's instructions, which shall include
design specifications for Seismic Zone 3 and wind load
factor of 80 miles per hour;
(4) Shall have exterior siding that is residential
in appearance including, but not limited to, clapboards,
simulated clapboards such as conventional vinyl or
metal siding, wood shingles, shakes or similar material,
but excluding smooth, ribbed, or corrugated metal or
plastic panels;
(5) Shall have the hitch, axles and wheels
removed.
(Ord. 1758 §1(part), 1995)
18.70.060 Repairs and maintenance.
If any building is devoted in whole or in part to
any nonconforming use, work may be done in any
period of twelve consecutive months on ordinary
repairs, or on repair or replacement of nonbearing
walls, fixtures, wiring or plumbing to an extent not
exceeding 25% of the current replacement value of the
building.
(Ord. 1758 §1(part), 1995)
18.70.070 Building safety.
Nothing in this title shall be deemed to prevent the
strengthening or restoring to a safe condition of any
nonconforming building or part thereof declared to be
unsafe by order of any City official charged with
protecting the public safety.
Alterations or expansion of a nonconforming use
which are required by law or a public agency in order
to comply with public health or safety regulations are
the only alterations or expansions allowed.
(Ord. 1758 §1(part), 1995)
18.70.080 Nonconforming parking Tots.
Nothing contained in the Off - street Parking and
Loading Regulations chapter of this title shall be
construed to require a change in any aspect of a
structure or facility covered thereunder including,
without limitation, parking lot layout, loading space
requirements and curb -cuts, for any structure or facility
which existed on the date of adoption of this title.
If a change of use takes place, or an addition is
proposed, which requires an increase in the parking
area by an increment less than 100 %, the
requirements of the Off - street Parking and Loading
Regulations chapter of this title shall be complied with
for the additional parking area.
If a change of use takes place, or an addition is
proposed, which requires an increase in the parking
area by an increment greater than 100 %, the
requirements of the Off - street Parking and Loading
Regulations chapter of this title shall be complied with
for the entire parking area.
(Ord. 1758 §1(part), 1995)
18.70.090 Nonconforming landscape areas.
Adoption of the landscaping regulations contained
in this title shall not be construed to require a change in
the landscape improvements for any legal landscape
area which existed on the date of adoption of this title,
unless and until a change of use or alteration of the
structure is proposed.
At such time as a change is proposed for a use; or
structure, and associated premises which does not
comply with the landscape requirements of this title, a
landscape plan which substantially conforms to the
requirements of this title shall be submitted to the
Board of Architectural Review for approval prior to
issuance of a building permit. The BAR may modify
the standards imposed by this title when, in their
judgment, the existing and proposed additional
landscaping and screening materials together will
adequately screen or buffer possible use
incompatibilities, soften the barren appearance of
parking or storage areas, and /or adequately enhance
the premises appropriate to the use district and location
of the site.
(Ord. 1758 §1(part), 1995)
18.70.100 Conditional uses.
A legal use does not become nonconforming
because the zone in which it is located is changed to a
zone which requires a conditional use permit for the
use, or because the use is changed from an allowed
use to a conditional use within the same zone;
provided, however, the use may not be allowed or
buildings may not be enlarged without first obtaining a
conditional use permit pursuant to requirements of the
Conditional Use Permits chapter of this title.
(Ord. 1758 §1(part), 1995)
Page 18-108 December 4, 1995
TITLE 18 — ZONING
18.70.110 Nonconforming adult entertainment
establishments.
Notwithstanding any other provision of this
chapter, any adult entertainment use or establishment
which is rendered nonconforming by the provisions of
Ordinance 1581 of the City shall be terminated or
discontinued within 90 days from the effective date of
that ordinance.
(1) The owner or operator of any adult enter-
tainment use or establishment which is rendered non-
conforming by the provisions of Ordinance 1581 of the
City may appeal the 90 -day termination provision of
this section by filing a notice of appeal with the City
Clerk within 60 days of the effective date of this
section.
(2) Within ten days of receipt of a notice of
appeal, the City Clerk shall schedule a hearing on the
appeal before a hearing examiner. The hearing shall be
no later than 20 days from the date of receipt by the
City of the notice of appeal, unless extended by mutual
agreement of the parties. The hearing examiner shall
be the City Clerk or his /her designee.
(3) Within three days, excluding weekends
and holidays recognized by the City, from the date of
the hearing on an appeal under this section, the hearing
examiner shall issue a written decision, which shall
set forth the hearing examiner's findings of fact and
conclusions of law. The hearing examiner shall
consider the following factors and any other factors that
he /she determines to be relevant or helpful in
reaching a decision:
(A) The harm or hardship to the appellant
caused by the 90 -day termination provision of this
section;
(B) The benefit to the public to be gained
from termination of the use;
(C) The nature of the leasehold or other
ownership interest that an appellant may have in
premises occupied by the adult entertainment use;
(D) Restrictions or lack of same imposed
on an appellant's use of such premises by a lease or
other binding agreement;
(E) Amounts expended by an appellant
for improvements to such premises or for necessary
equipment and the extent to which those amounts
have been recovered through depreciation, tax savings,
or whether such improvements are contemplated to
be left as property of the lessor; and
(F) Any clear evidence of substantial
economic harm caused by enforcement of the 90 -day
termination provision of this section.
(4) Appeal and Hearing.
(A) Any person aggrieved by the action of
the hearing examiner in refusing to extend beyond 90
days the period in which a nonconforming use must
terminate operations shall have the right to appeal such
action to the City Council, by filing a notice of appeal
with the Clerk within ten calendar days of receiving
notice of the decision of the hearing examiner.
(B) The City Council, upon receipt of a
timely notice of appeal, shall set a date for a hearing of
such appeal within 20 days from the date of such
receipt. The City Council shall hear testimony, take
evidence and may hear oral argument and receive
written briefs. The filing of such appeal shall stay
further action of the City, pending the decision of the
City Council.
(C) The decision of the City Council on an
appeal from a decision of the hearing examiner shall be
based upon a preponderance of the evidence.
(D) The decision of the City Council shall
be final unless appealed to the superior court within 20
days of the date the decision is entered.
(Ord. 1758 §1(part), 1995)
18.70.120 Sidewalk dedication.
No building setback or landscape area on the sub-
ject lot at the time of donation or easement to the City
for sidewalk purposes shall become nonconforming by
reasons of such donation or easement.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-109
TUKWILA MUNICIPAL CODE
Sections:
18.72.010
18.72.020
18.72.030
18.72.040
18.72.050
18.72.060
18.72.070
18.72.080
Chapter 18.72
VARIANCES
Purpose.
Criteria for granting variance permit.
Conditions for granting — extension.
Application requirements.
Application — hearing and notice.
Application — Board decision.
Prohibited variance.
Appeal.
18.72.010 Purpose.
It is the purpose of this chapter to authorize upon
appeal in specific cases such variances from the provi-
sions of the zoning ordinance or other land use regula-
tory ordinances as the City may adopt which will not
be contrary to the public interest and only where,
owing to special conditions, a literal enforcement of the
provisions of such ordinance(s) would result in
unnecessary hardship.
(Ord. 1758 §1(part), 1995)
18.72.020 Criteria for granting variance permit.
The Board of Adjustment shall consider all requests
for variance from the Zoning Code; variance from the
provisions of such ordinances shall not be granted by
the Board of Adjustment unless the board finds that 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.
(Ord. 1758 §1(part), 1995)
18.72.030 Conditions for granting — extension.
In authorizing the variance, the Board of Adjust-
ment may attach thereto such conditions that it deems
to be necessary or desirable in order to carry out the
intent and purposes of this chapter and in the public
interest. A variance so authorized shall become void
after the expiration of one year or a longer period as
specified at the time of the Board of Adjustment action,
if no building permit has been issued in accordance
with the plans for which such variance was autho-
rized, except that the Board of Adjustment may extend
the period of variance authorization without a public
hearing for a period not to exceed twelve months upon
a finding that there has been no basic change in
pertinent conditions surrounding the property since the
time of the original approval.
(Ord. 1758 §1(part), 1995)
18.72.040 Application requirements.
An application to the Board of Adjustment for the
issuance of a variance shall be made on forms
prescribed by the DCD. All applications shall be
accompanied by a filing fee as required in the
Application Fees chapter of this title and shall include
but may not be limited to the following documents:
(1) Completed application form;
(2) Site plan or other related map materials
which clearly indicate the dimensional characteristics
of the site and structures involved;
(3) Affidavit of the ownership or of substantial
beneficial interest in the subject property.
(Ord. 1758 §1(part), 1995)
18.72.050 Application — hearing and notice.
When a proper and complete variance application
has been filed, and reviewed by the DCD, the Board of
Adjustment shall set a date for public hearing, pursuant
to notice requirements of the Public Notice of Hearing
chapter of this title.
(Ord. 1758 §1 (part), 1995)
18.72.060 Application — Board decision.
The Board of Adjustment shall decide all
applications no later than 45 days after the public
hearing.
(Ord. 1758 §1(part), 1995)
18.72.070 Prohibited variance.
Under no circumstances shall the Board of
Adjustment grant a variance to permit a use not
generally or conditionally permitted in the zone
involved, or any use expressly or by implication
prohibited by the terms of this title in said zone.
(Ord. 1758 §1(part), 1995)
Page 18 -110
December 4, 1995
TITLE 18 — ZONING
18.72.080 Appeal.
The action of the Board of Adjustment in granting
or denying the application for a variance shall be final
and conclusive, unless, within ten days from the date
of the Board's action, the original applicant or an
aggrieved party makes an application to the Superior
Court of King County for a writ of certiorari, a writ of
prohibition or a writ of mandamus.
(Ord. 1758 §1(part), 1995)
Chapter 18.80
AMENDMENTS TO THE
COMPREHENSIVE PLAN AND
DEVELOPMENT REGULATIONS
Sections:
18.80.010
18.80.020
18.80.030
18.80.040
18.80.050
18.80.060
Application.
Docket.
Notice and comment.
Staff report.
Council consideration.
Council decision.
18.80.010 Application.
Any interested person (including applicants,
citizens, Tukwila Planning Commission, City staff and
officials, and staff of other agencies) may submit an
application for an amendment to either the
comprehensive plan or the development regulations to
the Department of Community Development. The
application shall specify:
(1) A detailed statement of what is proposed
and why;
(2) A statement of the anticipated impacts of
the change, including the geographic area affected and
the issues presented by the proposed change;
(3) An explanation of why the current
comprehensive plan or development regulations are
deficient or should not continue in effect;
(4) A statement of how the proposed
amendment complies with and promotes the goals and
specific requirements of the Growth Management Act;
(5) A statement of how the proposed
amendment complies with applicable Countywide
Planning Policies;
(6) A statement of what changes, if any,
would be required in functional plans (i.e., the City's
water, sewer, storm water or shoreline plans) if the
proposed amendment is adopted;
(7) A statement of what capital improvements,
if any, would be needed to support the proposed
change, and how the proposed change will affect the
capital facilities plans of the City; and
(8) A statement of what other changes, if any,
are required in other City codes, plans or regulations to
implement the proposed change.
(Ord. 1758 §1(part), 1995)
18.80.020 Docket.
The Department shall maintain a docket of all
proposed changes to the comprehensive plan and
development regulations which are submitted. The
Department shall provide a copy of the docket to the
City Council on a monthly basis. If either the
Department or the Council determines that a- proposed
change may be an emergency, the Department shall
prepare the staff report described below and forward
December 4, 1995 Page 18-111
TUKWILA MUNICIPAL CODE
the proposed change to the Council for immediate
consideration, subject to the procedural requirements
for consideration of amendments. Non - emergency
changes shall be compiled and submitted to the
Council for review on an annual basis so that
cumulative effects of the proposals can be determined.
Proposed changes received by the Department less
than eight weeks before the date of the Council's
annual review shall be held over for the following
year's review, unless the Council or the Department
determines the proposed change may be an
emergency.
(Ord. 1758 § 1(part), 1995)
18.80.030 Notice and comment.
The docket of proposed changes shall be posted in
the offices of the Department and made available to any
interested person. At least four weeks prior to the
Council's annual consideration of the changes proposed
on the docket, the City shall publish a notice in a
newspaper of general circulation in the City, generally
describing the proposed changes including areas
affected, soliciting written public input to the
Department of Community Development on the
proposed changes, and identifying the date on which
the Council will consider the proposed changes.
(Ord. 1758 §1(part), 1995)
18.80.040 Staff report.
At least two weeks prior to Council consideration
of any proposed amendment to either the
comprehensive plan or development regulations, the
Department shall prepare and submit to the Council a
staff report which addresses the following:
(1) the issues set forth in this chapter;
(2) impact upon the Tukwila Comprehensive
Plan and zoning code;
(3) impact upon surrounding properties, if
applicable;
(4) alternatives to the proposed amendment;
and
(5) appropriate code citations and other
relevant documents.
The Department's report shall transmit a copy of
the application for each proposed amendment, any
written comments on the proposals received by the
Department, and shall contain the Department's
recommendation on adoption, rejection or deferral of
each proposed change.
(Ord. 1758 §1(part), 19 95)
18.80.050 Council consideration.
(a) The City Council shall consider each request
for an amendment to either the comprehensive plan or
development regulations at a public meeting, at which
the applicant will be allowed to make a presentation.
Any person submitting a written comment on the
proposed change shall also be allowed an opportunity
to make a responsive oral presentation. Such
opportunities for oral presentation shall be subject to
reasonable time limitations established by the Council.
(b) Following Council consideration as provided
by Subsection (1), the City Council shall take action as
follows:
(1) If the Council determines the proposed
amendment will have significant impact on the
policies or goals of the Comprehensive Plan, it shall:
(A) reject the proposed amendment; or
(B) defer further Council consideration to
a re- occurring three -year Comprehensive Plan
amendment process.
(2) If the Council determines the proposed
amendment will not have significant impact on the
policies or goals of the Comprehensive Plan, it shall:
(A) reject the proposed amendment;
(B) defer further Council consideration for
one or more years to allow the City further time to
evaluate the application of the existing plan or
regulations; or
(C) refer the proposed amendment to the
Planning Commission for further review and a
recommendation to the City Council.
(Ord. 1758 §1(part), 1995)
18.80.060 Council decision.
Following receipt of the Planning Commission's
recommendation on a proposed amendment referred
to the Commission, the City Council shall hold a
public hearing on the proposal, for which public notice
has been provided as required under the Public Notice
of Hearing chapter of this title of this Title. Following
the public hearing, the City Council may:
(1) reject the proposed amendment;
(2) modify and adopt the proposed
amendment; or
(3) adopt the amendment as proposed.
(Ord. 1758 §1(part), 1995)
Page 18- 112 December 4, 1995
TITLE 18 — ZONING
Chapter 18.84
REQUESTS FOR CHANGES IN ZONING
Sections:
18.84.010 Submission to Planning Commission.
18.84.020 Submission to City Council — Action.
18.84.030 Criteria for granting zoning map
reclassifications.
18.84.040 Petitions for decision review.
18.84.050 Final action.
18.84.010 Submission to Planning Commission.
Any request for a change in zoning of any district
or area, or of any boundary lines thereof as shown on
the zoning maps, shall be submitted to the Planning
Commission. Said requests shall be made on such
formal application forms as specified by the Planning
Commission and filed with the City Clerk. All applica-
tions shall be accompanied by a filing fee as required in
the Application Fees chapter of this title, and shall
contain such information as may be required by the
Planning Commission.
After due public notice, the Planning Commission
shall transmit its recommendations thereon to the City
Council along with any necessary covenants or
agreements which have been fully executed by the
petitioner.
(Ord. 1758 §1(part), 1995)
18.84.020 Submission to City Council — Action.
Upon receipt of all necessary documents and the
recommendations of the Planning Commission, the
City Council may act on said recommendation without
further public hearing.
(Ord. 1758 §1(part), 1995)
18.84.030 Criteria for granting zoning map
reclassifications.
The Planning Commission and City Council shall
be guided by the following criteria in granting
reclassification requests to the zoning map of this title:
(1) The use or change in zoning requested
shall be in conformity with the adopted Comprehen-
sive Land Use Policy Plan, the provisions of this title,
and the public interest;
(2) The use or change in zoning requested in
the zoning map or this title for the establishment of
commercial, industrial, or residential use shall be
supported by an architectural site plan showing the
proposed development and its relationship to
surrounding areas as set forth in the application form;
(Ord. 1758 §1(part), 1995)
18.84.040 Petition for decision review.
Any person aggrieved by any decision of the
Planning Commission regarding a change in land use
designation may file a petition for review by the City
Council of the Planning Commission recommendation
within ten days after such Planning Commission
recommendation was made. Such petition shall be
filed with the City Clerk. It shall be in writing and
state reasons in support of the review.
(Ord. 1758 §1(part), 1995)
18.84.050 Final action.
If such a petition is filed, the City Council shall set
a date for hearing of the subject petition. Three notices,
at least ten days prior to any such hearing, shall be
posted within or about the area proposed to be rezoned
or reclassified. Following the hearing, the City Council
may accept, reject or modify the recommendation of
the Planning Commission, or the City Council may
refer the matter to the Planning Commission for their
reconsideration. If the application is returned to the
Planning Commission for reconsideration, and the
application is returned to the City Council following
such reconsideration, the City Council shall grant,
deny, or amend the Planning Commission
recommendation within 30 days after receipt of the
recommendation.
(Ord. 1758 §1(part), 1995)
December 4, 1995 Page 18-113
TUKWILA MUNICIPAL CODE
Chapter 18.88
APPLICATION FEES
Sections:
18.88.010 Application fees.
18.88.010 Application fees.
The following fees shall be paid by any applicant
for a land use permit at the same time that said
application is filed with the City:
Type of Application
Fee
Comprehensive plan amendment
$700.00
Conditional use permit (CUP)
850.00
Design review (BAR)
900.00
Planned Residential Development
(P R D)
800.00 plus
100.00 /acre
Planned mixed -use development
(PMUD)
800.00 plus
100.00 /acre
Reclassification (rezone)
700.00
Shoreline substantial development
permit
550.00
Street vacation
120.00
Unclassified use permit (UUP)
850.00
Variance
600.00
Lot line adjustments
200.00 (new)
Special review (parking/sign
deviation, etc.)
200.00 (new)
Application for renewals of any land use permit,
provided such renewals are specifically authorized,
shall pay the same fee required for the land use permit
being renewed.
(Ord. 1758 §1(part), 1995)
Sections:
18.90.010
18.90.020
18.90.030
18.90.040
Chapter 18.90
APPEALS
Appeals from decisions or interpretations of
the Director.
Appeals from decisions of the Planning
Commission.
Appeals from decisions of the Board of
Adjustment.
Appeals from decisions of the City Council.
18.90.010 Appeals from decisions or
interpretations of the Director.
Any person aggrieved by any interpretation of this
title by the Director may present to the Board of
Adjustment a petition requesting review of such
decision. Any such petition shall be made within ten
days of the interpretation and should set forth in writing
the interpretation being appealed, the interpretation
being sought, and the reasons why the Board of
Adjustment should support the appeal. The action of
the Board of Adjustment shall be final.
(Ord. 1758 §1(part), 1995)
18.90.020 Appeals from decisions of the Planning
Commission.
Any party aggrieved by a decision of the Planning
Commission, or the Planning Commission acting as a
Board of Architectural Review, may appeal that
decision to the City Council. The appeal shall be made
in writing to the City Clerk within ten days of the
Planning Commission decision and shall state the
reasons for the appeal. The City Council shall affirm,
deny, or modify the decision of the Planning
Commission within 90 days of the filing of the appeal.
Prior to making its decision, the City Council may hold
a public hearing.
(Ord. 1758 §1(part), 1995)
18.90.030 Appeals from decisions of the Board of
Adjustment.
The action of the Board of Adjustment in granting
or denying an application for variance, or in the
resolution of an appeal from an administrative
interpretation, shall be final and conclusive, unless,
within ten days from the date of the Board's action, an
applicant or an aggrieved party makes an application to
the Superior Court of King County for a writ of
certiorari, a writ of prohibition, or a writ of mandamus.
(Ord. 1758 §1(part), 1995)
Page 18-114 December 4, 1995
TITLE 18 — ZONING
18.90.040 Appeals from decisions of the City
Council.
The action of the City Council on all matters shall
be final and conclusive unless, within ten days from
the date of the Council's action, an applicant or an
aggrieved party makes an application to the Superior
Court of King County for a writ of certiorari, a writ of
prohibition, or a writ of mandamus.
(Ord. 1758 §1(part), 1995)
Chapter 18.92
PUBLIC NOTICE OF HEARING
Sections:
18.92.010 Publication.
18.92.020 Notice to property owners.
18.92.010 Publication.
Public notice of any hearing as required by State
law or this title shall be deemed to have been given
when a notice setting forth the general purpose of any
such hearing and the time and place thereof has been
posted on the affected property and at City Hall, and
published at least one time in the official newspaper
doing the City printing at least ten days before the date
set for such hearing. Public notice of one or more
hearings may be included within the same notice.
(Ord. 1758 §1(part), 1995)
18.92.020 Notice to property owners.
In cases of conditional and unclassified use
permits, rezones, variances, and other applicable
permit applications, written notice of any hearing shall
be mailed to owners of all properties within a 300 -foot
radius of the exterior boundaries of the subject site.
Said notice shall be mailed to such property owners no
later than ten days prior to the public hearing. The
property ownership records of the King County
Treasurer shall be used to identify surrounding
property owners.
(Ord. 1758 §1(part), 1995)
December 4, 1995
Page 18 -115
TUKWILA MUNICIPAL CODE
Chapter 18.96
ADMINISTRATION AND ENFORCEMENT
Sections:
18.96.010
18.96.020
18.96.030
18.96.040
18.96.050
18.96.060
18.96.070
18.96.110
18.96.120
Administrative responsibility.
Interpretations.
Review of zoning compliance.
Performance bond.
Amount of bond, or equivalent.
Change in use.
Record of certificates issued.
Penalty.
Other legal action.
18.96.010 Administrative responsibility.
The Director, as the duly authorized representative
of the Mayor, is charged with the responsibility of
carrying out the provisions of the zoning ordinance.
He may be provided with the assistance of such other
persons as the Mayor may direct.
(Ord. 1758 §1(part), 1995)
18.96.020 Interpretations.
All interpretations of this title shall be made by the
Director or his delegate. If requested, interpretations
shall be reduced to writing and an orderly retrievable
record shall be kept.
(Ord. 1758 §1(part), 1995)
18.96.030 Review of zoning compliance.
No department, official, or employee of the City
shall issue an occupancy permit until there has been
endorsed thereon certification of compliance with the
applicable regulations of this title by the Director or his
delegate.
(Ord. 1758 §1(part), 1995)
18.96.040 Performance bond.
The Department of Community Development
may authorize the issuance of a temporary occupancy
permit conditioned upon the subsequent completion or
satisfaction of unfulfilled requirements or regulations,
or uncompleted development proposals. A condition
for issuance of such temporary permit may be the
posting with the City of a performance bond or its
equivalent, to insure fulfillment of all conditions to
which such permit is subject. The conditions to
which such temporary occupancy permit is subject
shall be listed upon the permit or attached thereto. No
occupancy permit or certificate of occupancy shall be
issued except as hereinabove provided. No occupancy
permit shall be issued until all such conditions are
satisfied. If the conditions are not satisfied within one
year from the date of the deadline specified in the
temporary occupancy permit, demand may be made
by the City against the bond, or its equivalent, for
completion and performance. Prior to such demand
being given, the Director shall give ample notice to the
person or persons involved.
(Ord. 1758 §1(part), 1995)
18.96.050 Amount of bond, or equivalent.
The performance bond, or equivalent, shall be in a
form acceptable to the City Attorney, and represent a
proportion of the fair cost estimate of the proposed
development or improvement as determined by the
Director, according to the following schedule:
Fair Cost Estimate Amount of Bond
Up to $50,000 100% of estimate
$50,001 to $100,000 75% of estimate
$100,001 to $250,000 50% of estimate
$250,001 and over 25% of estimate
(Ord. 1758 §1(part), 1995)
18.96.060 Change in use.
Whenever a change in use of land or structures
takes place the owner of such land or structures shall
be required to submit an application for an occupancy
permit for the new use or structures within 15 days of
the date of such change in use. Failure to do so shall be
a violation of this title.
(Ord. 1758 §1(part), 1995)
18.96.070 Record of certificates issued.
The Director or his /her delegate shall circulate a
request for an occupancy permit for a change in use to
all City departments, and shall maintain a record of all
occupancy permits issued.
(Ord. 1758 §1(part), 1995)
18.96.110 Penalty.
Any violation of any provision, or failure to comply
with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45.
(Ord. 1758 §1(part), 1995)
18.96.120 Other legal action.
Nothing herein contained shall prevent the City
from seeking such other legal or equitable remedies as
may be available to prevent or remedy any violation.
(Ord. 1758 §1(part), 1995)
Page 18-116 December 4, 1995