The URL can be used to link to this page

Home My WebLink AboutSEPA E97-0005 - CITY OF TUKWILA / COMMUNITY DEVELOPMENT - CODE AMENDMENT: NON-CONFORMING USE AND RECREATIONAL VEHICLES AT CONSTRUCTION SITES (TMC 18.70)CODE AMENDMENT (TMC 18.70) NON -CONFORMING USE & RECREATIONAL VEHICLES AT ACTIVE CONSTRUCTION SITES CITY-WIDE E97-0005 AFFIDAVIT OF DISTRIBUTION I, 6i -'If f 1V-Wki..L at hereby declare that: ONotice of Public Hearing fl Notice of Public Meeting OBoard of Adjustment Agenda Packet O Board of Appeals Agenda Packet flPlanning Commission Agenda Packet fl Short Subdivision Agenda Packet O Notice of Application for Shoreline Management Permit 0 Shoreline Management Permit yDetermination of Non- significance J Mitigated Determination of Nonsignificance JDetermination of Significance and Scoping Notice Notice of Action 0 Official Notice Other Other was mailed to each of the following addresses on b PT o F ECot o r -t SOPA FZe i e,JSEc�t Po '11103 Del( MPGA Wit (ii. -4-17(33 a� -TEAS Did %PA �F�C AI --ENV a.NE, gZ l 5 � �� , M5 -1Z vJA RrO°`f Name of Project G7 1 Of1T NILA - Signature File Number q1- 0006 NON COki roKAA i CaNt o P pubLI v woZKs T- (p3r o SatT�-ICEN 6t- rk WA- 98 i&S AFFIDAVIT 1, 6VLVIA McMw-L O Notice of Public Hearing fl Notice of Public Meeting fl Board of Adjustment Agenda Packet LI Board of Appeals Agenda Packet Planning Commission Agenda Packet Li Short Subdivision Agenda Packet O Notice of Application for Shoreline Management Permit 0 Shoreline Management Permit OF DISTRIBUTION hereby declare that: Determination of Non- significance O Mitigated Determination of Nonsignificance O Determination of Significance and Scoping Notice O Notice of Action Official Notice Other Other was mailod to each of the following addresses on 5'" FWGD ',P\ -v -s -2)M A 6ARNAITxDN T AA es l - a2 - Name of Project 0_)11-\1 OF -11 w 1LA File Number EX -I ` CVOb Signature g LNw ex oRMIt.)C7 �LJ CITY OF TUKWILA DETERMINATION OF NONSIGNIFICANCE (DNS) DESCRIPTION OF PROPOSAL; AMENDMENTS TO TMC 18.70 AND USE OF RECREATIONAL VEHICLES AT ACTIVE CONSTRUCTION SITES PROPONENT: DEPT OF COMMUNITY DEVELOPMENT LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY: ADDRESS: 6200 SOUTHCENTER BL PARCEL NO: 359700-0282 SEC/TWN/RNG: FOR RECREATION VEHICLES AT ACTIVE CONSTRUCTION SITES LEAD AGENCY: CITY OF TUKWILA FILE NO: E97-0005 The City has determined that the proposal does not have a probable significant adverse impact -on the environment. An environmental impact statement (EIS) isnot required under RCW 43.21c.030(2)(c). This decision was made after review of a completed environmental checklist and. other information on file 'with the lead agency. .This information is available to,the public oh request. *•k k•k** k ****'k****•k k****************•k.** k`k***•k******•k***•k*•k*****•k•k k****** ** k•k* This determination is_ final and signed thisLO'' day of 199•7. Steve Lancaster, Responsible Official City of Tukwila, (206) 431-3670 6300 Southcenter Boulevard Tukwila, WA 98188 • Copies of the procedures for SEPA appeals 'are available. with the Department of Community Development. • City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director STAFF REPORT TO PLANNING COMMISSION Prepared April 21, 1997 HEARING DATE: May 1, 1997 NOTIFICATION: Notice published in the Seattle Times on March 18, 1997 FILE NUMBER: L97-0023 APPLICANT: City of Tukwila, Department of Community Development REQUEST: To add provisions to the Tukwila Municipal Code for temporary residential use of recreational vehicles at active construction sites. LOCATION: City -Wide RECOMMENDATION: Forward Comments to City Council SEPA DETERMINATION: To be completed prior to City Council Hearing STAFF: Alexa Berlow ATTACHMENTS: A. Proposed code revisions 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Far (206) 431-3665 Staff Report to the Planning Commission • • FINDINGS L97-0023 Draft Ordinance Recreational Vehicles The draft ordinance proposes to add provisions to the Tukwila Municipal Code that allow recreational vehicles as a temporary residential use at active construction sites. The draft ordinance would add and amend provisions of the Zoning Code regarding the use of recreational vehicles for temporary use at active construction sites, as follows: A. Add section 18.06.622 to Chapter 18.06 of the Tukwila Municipal Code, defining "recreational vehicles". B. Add Chapter 18.62 to Title 18 of the Tukwila Municipal Code, outlining the purpose, application, and conditions of allowable uses for the Temporary Use Permit. C. Amend Chapter 18.88.010 of the Tukwila Municipal Code to include a fee for the temporary use permit application to be consistent with other Type 1 Permits. D. Amend Chapter 18.104.010, Section 61 of Ordinance 1770, Section 1 part of Ordinance 1758 to include a fee for the temporary use permit application to be consistent with other Type 1 Permits. To study the issue pertaining to this proposed ordinance, DCD staff survey relevant code sections concerning recreational vehicles and temporary uses from the cities of Friday Harbor, Gig Harbor, Gold Bar, Ocean Shores, Puyallup, and Port Angeles. BACKGROUND In response to a citizen request, the Community Affairs and Parks Committee (CAP) of the Tukwila City Council asked staff to prepare a draft ordinance that would allow use of recreational vehicles as temporary residences at active construction sites. The CAP has reviewed the draft ordinance prepared by staff and has referred it to the Planning Commission for your review, hearing, and recommendation. 2 Staff Report to the Planning Commission SUMMARY OF ISSUES Reasonable Number of Days Limit L97-0023 Draft Ordinance Recreational Vehicles Under the proposed draft ordinance, the residential use of recreational vehicles cannot substitute for permanent housing. The temporary use must be limited in duration. Of the cities surveyed, six (6) months was the most typical number of days allowed for a temporary use permit, including Gig Harbor, Ocean Shores, and Puyallup. In addition, most cities surveyed also granted one (1) six (6) month extension. In Friday Harbor, Gold Bar, and Port Angeles time frames were longer than one year, ranging from 18 months to as long as 5 years. In Tukwila, the consensus. among DCD staff was to keep the time frame as short as possible, six (6) months with the option to renew for an additional six (6) months. (Note: Planning information such as zoning and land use distributions, and statistics for local building densities and building permit volumes for each of the above cities were not available for this study to know how the number of day limit for temporary permits on recreational/mobile vehicles was determined.) Permit Tracking In Tukwila, the logical method of tracking a temporary permit would be through the City-wide Sierra computer system. The temporary permit would be set to expire upon final inspection of the permanent dwelling. Code Enforcement Performance Bonds and Associated Cost Agreements A performance bond for one thousand dollars ($1,000) is currently proposed in the ordinance as a code enforcement measure. In addition to the bond, it has been suggested that an associated cost agreement be added to cover any costs the city might incur to remove the recreational vehicle, should this action be necessary. Basic Development Standards It has also been suggested that basic development standards outlined in Tukwila Municipal Code must be enforced for recreational vehicles as a temporary structure, including building setbacks, parking, and limits to the number of recreatiorial vehicles allowed on a given property. 3 Staff Report to the Planning Commission • • L97-0023 Draft Ordinance Recreational Vehicles Currently, the Department of Community Development works closely with Code Enforcement to monitor violation of city codes of all types. Continued collaboration with Code Enforcement to monitor evasion of temporary use permit application requirements will be necessary. Utility Connections In the survey of other cities, all but two cities, Port Angeles and Puyallup, require utility hook-up of temporary uses. In Tukwila, there has been mixed feedback on recommendations to require utility connections, including sewage disposal, water access, as well as telephone and television cable services. Reservations to require utility connections stems from concerns that costs incurred by property owners to install utility connections will become a dis-incentive to remove the structure, and an incentive to try and tie approval of recreational vehicle into final building inspection. CONCLUSIONS 1. The development and tracking of a temporary use permit should be considered in relation to permanent building permits, and logistics of current permit processing under HB 1724. 2. Determine how temporary uses will need to comply with basic development standards of Tukwila Municipal Code, and how associated fees will be applied and enforced. 3. Additional research is necessary to determine appropriateness and scope of requiring utility connections, and measures for enforcing their removal. RECOMMENDATIONS 1. Develop a Temporary Use Permit. 2. Introduce an intermediary inspection of recreational vehicles. 3. Introduce an associated cost agreement. 6. Department of Community Development will work with code enforcement officer to monitor compliance with all applied regulations. 4 Staff Report to the Planning Commission L97-0023 Draft Ordinance Recreational Vehicles 4. Amend item 18.62.030 - temporary use of recreational vehicle as a residence, as follows: a. Limit recreational vehicles on single family construction sites only. b. Limit number of recreational vehicles to one (1) per property at any given time. c. Require that trailer must be lived in by property owner d. Trailer must meet basic development requirements of zoning code for district. e. Distance from other structures as potential fire hazard. f. limit on -site parking for trailer to two spaces. g. Under no circumstances shall a recreational vehicle be allowed, whether temporarily or permanently, as an accessory dwelling unit. 5. Telephone and television cable service utilities need not be underground. 6. Condition of recreational vehicle must be suitable for transport on public highways. 5 AFFIDAVIT Notice of Public Hearing LI Notice of Public Meeting fBoard of Adjustment Agenda Packet OBoard of Appeals Agenda Packet OPlanning Commission Agenda Packet 0 Short Subdivision Agenda Packet ONotice of Application for Shoreline Management Permit LJShoreline Management Permit OF DISTRIBUTION hereby declare that: Determination of Non- significance f Mitigated Determination of Nonsignificance fl Determination of Significance and Scoping Notice ❑ Notice of Action El Official Notice Other Other was maimed to each of the following addresses on Name of Project N k&»I V Q. 1 [ 0.1P SSignature File Number L°1 60X3 'ir City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director , PUBLIC NOTICE City of Tukwila Notice is hereby given that the City of Tukwila Planning Commission and Board of Architectural Review will be holding a public meeting and public hearing at 7:00 p.m., on May 1, 1997; in the City Hall Council Chambers located at 6200 Southcenter Blvd. to discuss the following: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: BOARD OF ARCHITECTURAL REVIEW PUBLIC MEETING L92-0084 Great Bear Motor Inn/Total Art Corp. Design review approval of a 20 foot freestanding sign. 14420 Pacific Highway, Tukwila. PLANNING COMMISSION PUBLIC HEARING L97-0013 City of Tukwila Revisions to Tukwila Municipal Code (TMC) 18.70, • non -conforming uses. City-wide. L97-0020 Don Williams, Tukwila Parks and Recreation Planning Commission determination of the parking requirements for the Tukwila Pond Park. 299 Strander Blvd, Tukwila. L97-0023 City of Tukwila Adding provisions to the Tukwila Municipal Code related to the temporary residential use of recreational vehicles at active construction sites. City wide. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 • BOARD OF ARCHITECTURAL REVIEW PUBLIC HEARING CASE NUMBER: L97-0004: J.C. Penney Home Store APPLICANT: John Balkovec REQUEST: Design review approval of a new 60,000 sq. ft. furniture and housewares store. LOCATION: 17200 Southcenter Pkwy, Tukwila. Persons wishing to comment on the above cases may do so by written statement, or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Division at 431-3670. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: Seattle Times April 18, 1997 Distribution: Mayor, City Clerk, Property Owners/Applicants, Adjacent Property Owners, File. Date: 25 -Mar -97 15:04:14 From: VERNON (VERNON UME. To: STEVE Copies -to: DUANE,VERNON Subject: Temporary mobile home ordinance Message -id: 6EE9373301000000 Application -name: MHS You may want to specify that in no case may a temporary mobile home be continued as an "accessory" dwelling unit even if: 1. the primary unit is designed to harmoniously integrate it into an unified appearing building or 2. it was pre-existing on the lot and would have otherwise been allowed to be maintained or upgraded as a stand-alone structure. Community and Parks March 25, 1997 Page 2 They recommended removing the commercial truck parking in residential neighborhoods section and sentence in the chapter. The committee concluded that thewhole document needed background information about how the Commission arrived at some of their recommendations, some "why" reasoning for the changes, and an overall summary of whether we're gaining or losing parking spaces. Recommend ordinance to COW when ready. cTrailers Used During Construction Steve had prepared a draft ordinance allowing Vs at construction sites once the developer hada building permit. The committee asked about a single wide trailer and were told it was purposely left out since the city could have to fight people to have them removed once they were up. As the new law would be part of the zoning code, it needs to go through the Planning Commission. Recommend ordinance to Planning Commission. 4. Street Boundary Issues Mike Alderson explained the need to change the name of 57th south of S. 180th to Southcenter Parkway, since that is the mailing address bµsinesses there use already; and to also address the ordinance that said Southcenter Boulevard ended at the west city limits, since it now ends at 53rd just west of I-5. The committee referred to the comp plan which says to extend both these street names to the city's borders. They committee recommended repealing Ordinance 460 which stops Southcenter Parkway at S. 180th, and have it extend south to the annexation area. Staff said they would try to work out the landmark with Public Works. The committee also talked about changing the name of Southcenter Boulevard to extend to the west city limits at Pacific Highway, replacing S. 154th west of I-5. They talked a little of the difficulty of changing addresses with not only the property owners, but also the renters, the King County Assessor, the Post Office, phone bill, 9-1-1, K.C. Elections Office, and others needing notification. Mike said it's not possible to think of everyone residents should notify, but the committee encouraged him to suggest as many as possible. As both these changes are recommended in the comp plan, the issue will go to COW with a plan how best to proceed. Recommend to COW when ready. 5. Commercial Truck Ordinance Lucy said there had been some clarifying amendments since the committee had last seen the draft ordinance, but that it was fairly ready. The committee talked about tractor -trailer cabs in neighborhoods, and allowed that they should be okay if they were in driveways. The issue of how to determine if a setback area was a driveway or not came up, but a good solution to figuring how to define that was not found. Lucy said she would check to see how big some of the cabs she had MEMORANDUM 3/20/97 FROM: DUANE TO: STEVE RE: New TMC Section 18.06.662 and 18.62 draft The following are my comments you asked for on your first draft. I also talked to Vernon and he added some comments in red on the draft itself. Is the heading on the draft referring to the sign code the right one? Does this Temporary Use permit only apply to single family residential lots? I didn't pull out the TMC to try to figure it out for myself 18.06.662: (Maybe the definition should include the need for the recreational vehicle to have (thuil:. in and operable furnace? We don't want someone staying warm in the winter by using cook stove or unsafe heating appliances.) 18.62.020: (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (Is there a reason for being concerned about location of structures on adjacent property? Normally something non -code complying that the neighbor is doing does not affect neighboring property.) ct1.3,.../:)! (6) The location, dimensions and a brief description of any proposed temporary structure or recreational vehicle, and the location and size of any sewer, potable water or power supply line proposed to serve the temporary structure or recreational vehicle. LC - (Does this mean that there are types of temporary structures other than recreational S;y^A' vehicles that are allowed and governed by this ordinance?) 18.62.030: The Director may issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject to the following conditions and limitations: (Is there such a permit currently or will it require a new pe n�.Liar.m? If a new one is required it should probably be designed, printed, and included in Sierra system prior to Jg.S this ordinance becoming effective.) (1) A recreational vehicle may be used as a temporary residence for a period not to exceed six (6) months. No more than one extension of up to six (6) additional months may be granted by the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. (I understand that the Council would like the six month limitation. However, do they understand that this restriction will require a separate tracking system to be able to flag the permits that are coming up on the deadline, initiate a letter to permit holder that permit is about to expire, require inspection to see if temporary structure is still there, initiate another letter if structure is still there to tell permit holder his permit has expired, /�'''D (b�K mail out certified letters to do all this, deal with umpteen (valid?) reasons why owner ( can't be contacted or why permit should be extended, set up tracking system in Sierra to do all this, and put the additional workload on the Permit Center to get it all done in a timely manner so that legal action can be taken if required. These are just some of the issues I think may come up, based on my past experience with permit expiration problems. My personal opinion is that we could simplify it by just allowing them to stay there until the new structure is finished and not allowing occupancy until the temporary structure has been removed. In the long run this type of permit will only be utilized in a very small number of cases. I assume it is being initiated as a service to the citizens trying to build their own house (or needing a place to live while their house is being built?) and not as another "gotcha" type regulations, but at the same time there is always the issue of consistent enforcement. Let's keep it simple if possible.) (2) The recreational vehicle shall be equipped with sanitary facilities (I would suggest using the term "toilet facilities" instead of "sanitary facilities". It might be appropriate to specify that the temporary unit have a furnace.) DRAFT 03-20-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING CODE BY ADDING PROVISIONS RELATING TO THE TEMPORARY RESIDENTIAL USE OF RECREATIONAL VEHICLES AT ACTIVE CONSTRUCTION SITES, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the ability to temporarily reside at the site of an active construction project provides benefits to property owners and builders in terms of construction site security and cost savings; and WHEREAS, recreational vehicles provide a convenient and affordable option for temporary residency; and WHEREAS, the manner in which such temporary residence occurs may impact the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON HEREBY ORDAINS AS FOLLOWS: Section 1. New section. A new Section 18.06.662 is hereby added to Chapter 18.06 of the Tukwila Municipal Code, to read as follows: 18.06.662 Recreational vehicle. "Recreational vehicle" means a wheeled vehicle intended for travel on the highways and licensed for such use by the State of Washington, which provides living accommodations such as a bed or beds, cooking facilities, toilet and bathing facilities. Examples include travel trailers and motorhomes. Manufactured and mobile home dwellings, as defined by section 18.06.245, are not considered recreational vehicles. Section 2. A new Chapter 18.62 is hereby added to Title 18 of the Tukwila Municipal Code, to read as follows: Chapter 18.62 Temporary Use Permits 18.62.010 Purpose. It is the purpose of this chapter to establish review and permit approval procedures and criteria for certain temporary uses of land not otherwise allowed under the provisions of this title. No temporary use described in this -chapter shall be conducted or Attachment A allowed to be conducted on any property except in compliance with a valid temporary use permit issued by the DCD. Applications for a temporary use permit shall be processed as a Type 1 decision. 18.62.020 Application - Requirements and fees. Application for a temporary 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 Applications Fees chapter of this title and shall include the information required by section 18.104.060 of this title. The site plan required by subsection 1.d of section 18.104.060 shall include the following information: (1) The legal boundaries of the subject property and adjacent public right- of-way. (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (3) The proposed location of any planned structure for which a building permit application has been or will be submitted. (4) The location and purpose of any utility, access or other easement on or adjacent to the, subject property, including any related recording numbers. (5) The location of any existing structure proposed to be demolished. (6) The location, dimensions and a brief description of any proposed temporary residence, and the location and size of any sewer, potable water or power supply line proposed to serve the temporary residence. . 18.62.030 Temporary use of recreational vehicle as a residence. The Director may issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject to the following conditions and limitations: (1) A recreational vehicle may be used as a temporary residence for a period not to exceed six (6)months. No more than one extension of up to six (6) additional months may be granted by the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. (2) The recreational vehicle shall be equipped with toilet facilities and connected to the sanitary sewer system or an alternative sewage treatment/disposal system approved by the Seattle/King County Health Department; shall be connected to an approved potable water supply; and shall be served by an approved electric power connection. Utility connections shall be subject to all applicable standards, fees and inspections, except that temporary electric power service need not be underground. (3) The recreational vehicle shall be equipped with an operable space heating system designed for this function and properly installed. (4) The temporary use permit shall not be issued prior to issuance of a building permit for the construction project with which it is associated. The temporary • use permit shall expire at the end of the permit period as provided by subsection 1, or upon occupancy of the construction project, whichever occurs first. (5) Prior to occupancy of the associated construction project, the recreational vehicle shall be disconnected from all utilities and residential occupancy of the recreational vehicle shall be discontinued. (6) A performance bond, cash assignment or other financial instrument acceptable to the Director, in the amount of one thousand dollars ($1000), shall be provided to the City prior to issuance of a temporary use permit, for the purpose of enforcing and guaranteeing compliance with the requirements of this chapter. Any amount not needed to enforce or guarantee compliance shall be returned to the applicant upon confirmation that the residential use has been terminated. Section 3. Amended section. Section 61 of Ordinance 1770, section 1 (part) of Ordinance 1758, and section 18.88.010 of the Tukwila Municipal Code are each amended to read as follows: [The zoning code fee chart would be amended to establish a fee for a temporary use permit application. Staff recommends a fee of $200, which would be consistent with other Type 1 permits, such as "special reviews" for parking, sign deviation, etc.] Section 4. 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 5. 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 day of , 1997. John W. Rants, Mayor ATTEST/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: • Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: E1 ECTIVE DATE: ORDINANCE NO.: 4, • • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE SIGN CODE BY REMOVING THE CHANGE OF COPY PROVISION, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON HEREBY ORDAINS AS FOLLOWS: Section 2. A new Section 18.06.662 is hereby added to Chapter 18.06 of the Tukwila Municipal Code, to read as follows: 18.06.662 Recreational vehicle. "Recreational vehicle" means a wheeled vehicle intended for travel on the highways and licensed for such use by the State of Washington, which provides living accommodations such as a bed or beds, cooking facilities, toilet and bathing facilities. Examples include travel trailers and motorhomes. Manufactured and mobile home dwellings, as defined by section 18.06.245, are not considered recreational vehicles. Section 2. A new Chapter 18.62 is hereby added to Title 18 of the Tukwila Municipal Code, to read as follows: Chapter 18.62 Temporary Use Permits 18.62.010 Purpose. It is the purpose of this chapter to establish review and permit approval procedures and criteria for certain temporary uses of land not otherwise allowed under the provisions of this title. No temporary use described in this chapter shall be conducted or allowed to be conducted on any property except in compliance with a valid temporary use permit issued by the DC -D. Lt pcg.v-},-.,..e,,„� cc (&c_ 18.62.020 Application - Requirements and fees. Application for a temporary 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 Applications Fees chapter of this title and shall include the informationrequired by section 18.104.060 of this title. The site plan required by subsection 1.d of section 18.104.060 shall include the following information: (1) The legal boundaries of the subject property and adjacent public right- of-way. (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (3) The proposed location of any planned structure for which a building permit application has been or will be submitted. (4) The location and purpose of any utility, access or other easement on or adjacen tothsubject property, including any related recording numbers.____,___ (5) The location of any existing structure proposedobedemolished.- (6) The location, dimensions and a brief description of any proposed temporary structure or recreational vehicle, and the location and size of any sewer, potable water or power supply line proposed to serve the temporary structure or recreational vehicle. 18.62.030 Temporary use of recreational vehicle as a residence. The Director may issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject o the following conditions and limitations: (1) A recreational vehicle may be used as a temporary residence for a period not to exceed six (6)months. No more than one extension of up to six (6) additional months may be granted by the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. (2) The recreational vehicle shall be equipped with sanitary facilities and connected to the sanitary sewer system or an alternative sewage treatement/disposal system approved by the Seattle/King County Health Department; shall be connected to an approved potable water supply; and shall be served by an approved electric power connection. Utility connections shall be subject to all applicable standards, fees and inspections, except that temporary electric power service need not be underground. (3) The temporary use permit shall not be issued prior to issuance of a building permit for the construction project with which it is associated. The temporary use permit shall expire at the end of the permit period as provided by subsection 1, or upon occupancy of the construction project, whichever occurs first. (4) Prior to occupancy of the associated construction project, the recreational vehicle shall be disconnected from all utilities and residential occupancy of the recreational vehicle shall be discontinued. (5) A performance bond, cash assignment or other financial instrument acceptable to the Director, in the amount of one thousand dollars ($1000), shall be provided to the City prior to issuance of a temporary use permit, for the purpose of enforcing and guaranteeing compliance with the requirements of this chapter. Any amount not needed to enforce or guarantee compliance shall be returned to the applicant upon confirmation that the residential use has been terminated. Section 2. 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 validi moor_constitutionality_of-any-other- section;sentence; clause -or phr-ase•ofthis-ordinance: Section 3. 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 day of , 1997. John W. Rants, Mayor ATTEST/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE C1TY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Allowing the temporary establishment and occupancy of a manufactured home or recreational vehicle in an LDR zone, while a permanent structure is being built needs to recognize the following: 1. TMC 18.10.020 and associated definitions, specifically prohibits such use, 2. DCD has, with few case specific exceptions, required temporary uses to satisfy the standards of permanent uses (e.g., temporary school portables, temporary storage yards, prohibiting temporary use of a site for off-site construction materials) w/o meeting standards). A Zoning Code amendment such as the following would seem to be appropriate: TMC 18.10.020.4 (LDR); 18.12.020.6 (MDR) , and 18.14.020.10 (HDR) (New use in all residential districts) "Temporary placement and occupancy by the lot owner, of a manufactured home or recreational vehicle while a permanent dwelling is being built. This shall include all facilities to properly occupy the unit. The Director shall take any and all measures to ensure that the use shall cease at the completion of construction and/or abandonment." DRAFT 03-20-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING CODE BY ADDING PROVISIONS RELATING TO THE TEMPORARY RESIDENTIAL USE OF RECREATIONAL VEHICLES AT ACTIVE CONSTRUCTION SITES, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN Er FECTIVE DATE. WHEREAS, the ability to temporarily reside at the site of an active construction project provides benefits to property owners and builders in terms of construction site security and cost savings; and WHEREAS, recreational vehicles provide a convenient and affordable option for l / .. I . r7 _ . - �-�• 4 S CvQYvVtdT 'Fru a4 temporary residency; and idence . c �� • the O -.''y th, safety and welfarmr.� Caw►: ca-��n �� NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON HEREBY ORDAINS AS FOLLOWS: 4dp Section 1. New section. A new Section 18.06.662 is hereby added to Chapter 18.06 of the Tukwila Municipal Code, to read as follows: 18.06.662 Recreational vehicle. "Recreational vehicle" means a wheeled vehicle intended for travel on the � hwayshways licensed for such use by the State of Washington, which prove es living accommodations such as a bed or beds, cooking facilities, toilet and bathing facilities. Examples include travel trailers and motorhomes. Manufactured and mobile home dwellings, as defined by section 18.06.245, are not considered recreational vehicles. Section 2. A new Chapter 18.62 is hereby added to Title 18 of the Tukwila Municipal Code, to read as follows: Chapter 18.62 Temporary Use Permits 18.62.010 Purpose. It is the purpose of this chapter to establish review and permit approval procedures and criteria for certain temporary uses of land not otherwise allowed under the provisions of this title. No temporary use described in this chapter shall be conducted or allowed to be conducte • n any property except in compliance with a valid temporary use permit issued by -DCD. • pplications for a temporary use ermit shall be processed as a Type 1 decision.- �u ` C�aQQ� o - C.w� (c S .�. w J, kti T c& 18.62.020 Application - Requirements and fees. Application for a temporary 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 Applications Fees chapter of this title and shall include the information required by section 18.104.060 of this title. The site plan required by subsection 1.d of section 18.104.060 shall include the following information: (1) The legal boundaries of the subject property and adjacent public right- of-ways (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (3) The propos . _.cation of any planned structure for which a building permit application has bee or will b - submitted. *(5 (4) The locatio s purpose of any utility, access or other easement on or adjacent to the subject property, including any related rec rding numbers. (5) The location of any existing structurAdroposed to be demolished. (6) The location, dimensions and a brief description of any proposed temporary residence, and the location and size of any sewer, potable water or power supply line proposed to serve the temporary residence. 18.62.030 Temporary use of recreational vehicle as a residence. The Director may issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject to the following conditions and limitations: (1) A recreational vehicle may be used as a temporary residence for a period not to exceed six (6)months. No more than one extension of up to six (6) additional months may be granted by the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. (2) The recreational vehicle shall be equipped with toilet facilities and connected to the sanitary sewer system or an alternative sewage treatment/disposal system approved by the Seattle/King County Health Department; shall be connected to an approved potable water supply; and shall be served by an approved electric power connection. Utility connections shall be subject to all applicable standards, fees and inspections, except that temporary electric power service need not be underground. (3) The recreational vehicle shall be equipped with an operable space heating system designed for this function and properly installed.. (4) The temporary use permit shall not be issued prior to issuance of a building permit for the construction project with which it is associated. The temporary use permit shall expire at th- - • :: • = - in period as provided by subsection 1, or upon occupancy of the -4 struction project, w 'chever occurs first. (5) Prior to occupancy of the associated construction project, the recreational vehicle shall be disconnected from all utilities and residential occupancy of the recreational vehicle shall be discontinued. (6) A performance bond, cas0 assignment or other financial instrument acceptable to the Director, in the amount of thousand dollars ($2000), shall be provided to the City prior to issuance of a temporary use permit, for the purpose of enforcing and guaranteeing compliance with the requirements of this chapter. Any amount not needed to enforce or guarantee compliance shall be returned to the applicant upon confirmation that the re 'de Huse as en to naed. b �r� �� p l l� ups M ' ` ee Section 3. Amended section. Section 1 of Ordinance 1770, section 1 (partfor Ordinance 1758, and section 18.88.010 of the Tukwila Municipal Code are each amended , fr6 µl7! to read as follows: i -GPA, D r [The zoning code fee chart would be amended to establish a0 ( fee for a temporary use permit application. Staff recommends a fee of $200, which would be consistent with other Type 1 permits, such as "special reviews" for parking, sign deviation, etc.] Section 4. Severability. If any section, sentence, clause or phrase of this ordin 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 5. 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 day of , 1997. ATTEST/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: By John W. Rants, Mayor lAv boul044t 'rw`Q'f, / l , n r °1 -1- tEEpt �c (z. pp ��5) DRAFT 03-20-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING CODE . BY ADDING PROVISIONS RELATING TO THE TEMPORARY RESIDENTIAL USE OF RECREATIONAL VEHICLES AT ACTIVE CONSTRUCTION SITES, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the ability to temporarily reside at the site of an active construction project provides benefits to property owners and builders in terms of construction site security and cost savings; and WHEREAS, recreational vehicles provide a convenient and affordable option for temporary residency; and WHEREAS, the manner in which such temporary residence occurs may impact the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON HEREBY ORDAINS AS FOLLOWS: Section 1. New section. A new Section 18.06.662 is hereby added to Chapter 18.06 of the Tukwila Municipal Code, to read as follows: ,,vim r°& 18.06.662 Recreational vehicl - %�— Fr, "Recre 'onal ve 'e e" means a wheeled vehicle intended for travel on the highways an car s for such use by the State of Washington, which provides living accommoda ions as -a bed or beds, cooking facilities, toilet and bathing facilities. /—examples include travel trailers and motorhomes. Manufactured and mobile home dwellings, as defined by section 18.06.245, are not considered recreational vehicles. Section 2. A new Chapter 18.62 is hereby added to Title 18 of the Tukwila Municipal Code, to read as follows: Chapter 18.62 Temporary Use Permits 18.62.010 Purpose. It is the purpose of this chapter to establish review and permit approval procedures and criteria for certain temporary uses of land not otherwise allowed under the provisions of this title. No temporary use described in this chapter shall be conducted or allowed to be conducted on any property except in compliance with a valid temporary use permit issued by the DCD. Applications for a temporary use permit shall be processed as a Type 1 decision. 18.62.020 Application - Requirements and fees. Application for a temporary 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 Applications Fees chapter of this title and shall include the information required by section 18.104.060 of this title. The site plan required by subsection 1.d of section 18.104.060 shall include the following information: (1) The legal boundaries of the subject property and adjacent public right- of-way. (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (3) The proposed location of any planned structure for which a building permit application has been or will be submitted. (4) The location and purpose of any utility, access or other easement on or adjacent to the subject property, including any related recording numbers. (5) The location of any existing structure proposed to be demolished. (6) The location, dimensions and a brief description of any proposed temporary residence, and the location and size of any sewer, potable water or power supply line proposed to serve the temporary residence. 17 p 18.62.030 Temporary fise of recreational vehicle as a residence. The Directo ay issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject to the following conditions and limitations: (1) A recreational vehicle may be used as a temporary residence for a period not to exceed six (6)months. No more than one extension of up to six (6) additional months may be granted by the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. (2) The recreational vehicle shall be equipped with toilet facilities and connected to the sanitary sewer system or an alternative sewage treatment/disposal system approved by the Seattle/King County Health Department; shall be connected to an approved potable water supply; and shall be served by an approved electric power connection. Utility connections shall be subject to all applicable standards, fees and inspections, except that temporary electric power service need not be underground. (3) The recreational vehicle shall be equipped with an operable space heating system designed for this function and properly installed. (4) The temporary use permit shall not be issued prior to issuance of a building permit for the construction project with which it is associated. The temporary allowed to be conducted on any property except in compliance with a valid temporary use permit issued by the DCD. Applications for a temporary use permit shall be processed as a Type 1 decision. 18.62.020 Application - Requirements and fees. Application for a temporary 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 Applications Fees chapter of this title and shall include the information required by section 18.104.060 of this title. The site plan required by subsection 1.d of section 18.104.060 shall include the following information: (1) The legal boundaries of the subject property and adjacent public right- of-way. (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (3) The proposed location of any planned structure for which a building permit application has been or will be submitted. (4) The location and purpose of any utility, access or other easement on or adjacent to the subject property, including any related recording numbers. (5) The location of any existing structure proposed to be demolished. (6) The location, dimensions and a brief description of any proposed temporary residence, and the location and size of any sewer, potable water or power supply line proposed to serve the temporary residence. 18.62.030 Temporary use of recreational vehicle as a residence. The Director may issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject to the following conditions and limitations: (1) A recreational vehicle may be used as a temporary residence for a period not to exceed six (6)months. No more than one extension of up to six (6) additional months may be granted by the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. ��jj (2) The recreational vehicle shall be equipped with toilet facilities and connected to the sanitary sewer system or an alternative sewage treatment/disposal system approved by the Seattle/King County Health Department; shall be connected to an approved potable water supply; and shall be served by an approved electric power connection. Utility connections shall be subject to all applicable standards, fees and inspections, except that temporary electric power service need not be underground. (3) The recreational vehicle shall be equipped with an operable space heating system designed for this function and properly installed. (4) The temporary use permit shall not be issued prior to issuance of a building permit for the construction project with which it is associated. The temporary n 0,z_. (ljTi4srr 7�,a/ +•K,. T•. .".a , t !r� 3 � 4 +Ate I A4>42--: .7*. .ritik a A.A. ('7eZ; CA, Ave e- t) li✓a4 Nr- C,a, aA cs t . 1-e. arik,,..:4,044ca J'a. a wa ta-t CAP St4.41-4. P( �o w :11'l. cover v -ta`5; allowed to be conducted on any property except in compliance with a valid temporary use permit issued by the DCD. Applications for a temporary use grinit shall be processed as a Type 1 decision. w rp 18.62.020 Application - Requirements and fees ,-' t° Applion rpgy 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 Applications Fees chapter of this title and shall include the information required by section 18.104.060 of this title. The site plan required by subsection 1.d of section 18.104.060 shall include the following information: (1) The legal boundaries of the subject property and adjacent public right - 6*" of -way. (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (3) The proposed location of any planned structure for which a building permit application has been or will be submitted. (4) The location and purpose of any utility, access or other easement on or adjacent to the subject property, including any related recording numbers. (5) The location of any existing structure proposed to be demolished. (6) The location, dimensions and a brief description of any proposed temporary residence, and the location and size of any sewer table water or power supply line proposed to serve the temporary residence. a. - %A* Se.aA dlt:fosat s Vrew.. ar µ.q RLt4 i 18.62.030 Temporary use of recreational vehicle as a residence. The Director may issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject to the following conditions and limitations: A recreational vehicle may be used as a temporary residence for a period not to exceed ix (6)months. o more than one extension of up to six (6) additional months may • a :1. f s . y the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. Ve (2) The recreational vehicle shall be equipped with toilet facilities and connected to the sanitary sewer system or an alternative sewage treatment/disposal X system approved by the Seattle/King County Health Department; shall be connected to an approved potable water supply; and shall be served by an approved electric power connection. Utility connections shall be subject to allall.applicable standards, fees and inspections, except that temporary electric powexervice need not be underground:'`.. (3) The recreational vehicle shall be equipped with an operable space t heating system designed for this function and properly installed. (4) The temporary use permit shall not be issue_ prior to issuance of a building permit for the construction project with which it is associated. The temporary ;rate`° 44' kda:ue•A cue cekt-v4 etc - 1 V` use permit shall expire at the end of the permit period as provided by subsection 1, or upon occupancy of the construction project, whichever occurs first. (5) Prior to occupancy of the associated construction project, the recreational vehicle shall be disconnected from all/utilities and residential occupancy of the recreational vehicle shall be discontinuedt%,A LA 14— (6) A performance bond, cash assignment or other financial instrument acceptable to the Director, in the amount of one thousand dollars ($1000), shall be provided to the City prior to issuance of a temporary use permit, for the purpose of enforcing and guaranteeing compliance with the requirements of this chapter. Any amount not needed to enforce or guarantee compliance shall be returned to the applicant upon confirmation that the residential use has been terminated. (1) V ✓alar -tags S�.c.�1 q .rec.n2ckt a..4 dei .c.te (aa 4�lowe.9, $..LM.a� �a.•�eru'.ly c,r- cc" J .Azi Section 3. Amended sectio Section 61 of Ordinance 1770, section 1 (part) of Ordinance 1758, and section 18.88.010 of the Tukwila Municipal Code are each amended to -ie -id as follows: [The zoning code fee chart would be amended to establish a fee for a temporary use permit application. Staff recommends a fee of $200, which would be consistent with other Type 1 permits, such as "special reviews" for parking, sign deviation, etc.] Section 4. 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 5. 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 day of , 1997. John W. Rants, Mayor ATTEST/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: By DRAFT 03-20-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING CODE BY ADDING PROVISIONS RELATING TO THE TEMPORARY RESIDENTIAL USE OF RECREATIONAL VEHICLES AT ACTIVE CONSTRUCTION SITES, 4 PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the ability to temporarily reside at the site of an active construction project provides benefits to property owners and builders in terms of construction site security and cost savings; and WHEREAS, recreational vehicles provide a convenient and affordable option for temporary residency; and WHEREAS, the manner in which such temporary residence occurs may impact the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON HEREBY ORDAINS AS FOLLOWS: Section 1. New section. A new Section 18.06.662 is hereby added to Chapter 18.06 of the Tukwila Municipal Code, to read as follows: 18.06.662 Recreational vehicle. "Recreational vehicle" means a wh- - led vehicle intended for travel on the highways and licensed for such use by the tate of Washington, which provides living accommodations such as a bed or beds, • oking facilities, toilet and bathing facilities. Examples include travel trailers and otor ome Manufactured and mobile home dwellings, as defined by section 18.06.245, are not considered recreational vehicles. Section 2. A new Chapter 18.62 is hereby added to Title 18 of the Tukwila Municipal Code, to read as follows: Chapter 18.62 Temporary Use Permits 18.62.010 Purpose. It is the purpose of this chapter to establish review and permit approval procedures and criteria for certain temporary uses of land not otherwise allowed under the provisions of this title. No temporary use described in this chapter shall be conducted or allowed to be conducted on any property except in compliance with a valid temporary use permit issued by the DCD. Applications for a temporary use permit shall be processed as a Type 1 decision. 18.62.020 Application - Requirements and fees. Application for a temporary 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 Applications Fees chapter of this title and shall include the information required by section 18.104.060 of this title. The site plan required by subsection 1.d of section 18.104.060 shall include the following information: (1) The legal boundaries of the subject property and adjacent public right- of-way. (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (3) The proposed location of any planned structure for which a building permit application has been or will be submitted. (4) The location and purpose of any utility, access or other easement on or adjacent to the subject property, including any related recording numbers. (5) The location of any existing structure proposed to be demolished. (6) The location, dimensions and a brief description of any proposed temporary residence, and the location and size of any sewer, potable water or power supply line proposed to serve the temporary residence. 18.62.030 Temporary use of recreational vehicle as a residence. The Director may issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject to the following conditions and limitations: (1) A recreatio vehicle may be used as a temporary residence for a not to excee six (6)months. o more than one extension of up to six (6) f� months may be granied by the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. (2) The recreational vehicle shall be equipped with toilet facilities and connected to the sanitary sewer system or an alternative sewage treatment/disposal system approved by the Seattle/King County Health Department; shall be connected to an approved potable water supp1)0 and shall be served by an approved electric power connection. Utility connections shall be subject to all applicable standards, fees and inspections, except that temporary electric power service need not be underground. (3) The recreational vehicle shall be equipped with an operable space heating system designed for this function and properly installed. (4) The temporary use permit shall not be issued prior to issuance of a building permit for the construction project with which it is associated. The temporary RECEIVED MAR 2 0 1997 PUBLIC WORKS TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT INTER -OFFICE MEMO TO: Tom Keefe foRo'ss Earnst Rhonda Berry Duane Griffin Kelcie Peterson Jock && FROM: Steve Lancaster SUBJECT: Temporary residential use of recreational vehicles during construction projects DATE: March 20, 1997 The City Council Community Affairs and Parks Committee has requested that staff draft an ordinance that would allow the temporary residential use of recreational vehicles on active construction sites. I would appreciate your review of the attached draft ordinance, since its adoption may have some impact on your operations and responsibilities. The CAP Committee will have its "first look" at the draft ordinance on Tuesday, March 25. Please let me know if you have any suggestions or concerns. cc: John McFarland Bob Noe • allowed to be conducted on any property except in compliance with a valid temporary use permit issued by the DCD. Applications for a temporary use permit shall be processed as a Type 1 decision. 18.62.020 Application - Requirements and fees. Application for a temporary 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 Applications Fees chapter of this title and shall include the information required by section 18.104.060 of this title. The site plan required by subsection 1.d of section 18.104.060 shall include the following information: (1) The legal boundaries of the subject property and adjacent public right- of-way. (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (3) The proposed location of any planned structure for which a building permit application has been or will be submitted. (4) The location and purpose of any utility, access or other easement on or adjacent to the subject property, including any related recording numbers. (5) The location of any existing structure proposed to be demolished. (6) The location, dimensions and a brief description of any proposed temporary structure or recreational vehicle, and the location and size of any sewer, potable water or power supply line proposed to serve the temporary structure or recreational vehicle. 18.62.030 Temporary use of recreational vehicle as a residence. The Director may issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject to the following conditions and limitations: (1) A recreational vehicle may be used as a temporary residence for a period not to exceed six (6)months. No more than one extension of up to six (6) additional months may be granted by the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. (2) The recreational vehicle shall be equipped with sanitary facilities and connected to the sanitary sewer system or an alternative sewage treatment/disposal system approved by the Seattle/King County Health Department; shall be connected to an approved potable water supply; and shall be served by an approved electric power connection. Utility connections shall be subject to all applicable standards, fees and inspections, except that temporary electric power service need not be underground. (3) The temporary use permit shall not be issued prior to issuance of a building permit for the construction project with which it is associated. The temporary use permit shall expire at the end of the permit period as provided by subsection 1, or upon occupancy of the construction project, whichever occurs first. City of Tdcw§§a John W. Rants, Mayor Department of Comm 'lily Development Steve Lancaster, Director MEMORANDUM To: Jack Pace From: Michael Jenkins Date: March 19, 1997 Re: E97-0005, SEPA review of revisions to TMC 18.70, non- conforming uses and to establish a new chapter to the Zoning Code to regulate the use of recreational vehicles as temporary dwellings at active construction sites This SEPA review is for a non -project proposal to amend Tukwila Municipal Code (TMC) Chapter 18.70, Non -conforming uses. Revisions to this code section will change the length of time that a non -conforming use maybe • abandoned or vacant, establish criteria to evaluate requests to change one non- conforming use to another non -conforming use, establish a decision process for non -conforming uses and allow for minor maintenance at non -conforming use and on non -conforming structures. There were no comments from other City departments on this application. SUMMARY OF IMPACTS Earth: N/A Air: N/A Water: N/A Plants: N/A Animals: N/A Energy/Natural Resources: N/A Environmental Health: N/A Land and Shoreline Use: N/A Housing: N/A Aesthetics: N/A Light and Glare: N/A Recreation: N/A Historic/Cultural: N/A Transportation: N/A Public Services: N/A Utilities: N/A 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 ° (206) 431-3670 0 Fax (206) 431-3665 E97-0005 • SEPA Checklist for code amendments March 19, 1997 SUPPLEMENTAL SHEET FOR NON -PROJECT ACTIONS: The project will revise the code section concerning non -conforming uses. The changes will result in a new criteria to evaluate changes from one non- conforming use to another non -conforming use, the length of time that a non- conforming use can be abandoned and the decision process that must be followed. There are no other alternatives available, as these revisions may only be implemented through changes to the city's municipal codes. The revisions to the Zoning Code concerning the use of recreational vehicles at active construction sites will establish a permit and review process as well as a fee for such uses. RECOMMENDATION: DNS c:\msoffice... sepa\e97-0005. d oc MEMORANDUM DATE: 3/12/973/12/97 FROM: DUANE TO: STEVE RE: Response to 3/12/97 staff meeting item you mentioned. THE FOLLOWING ARE MY SUGGESTED ITEMS TO CONSIDER IN ORDINANCE ALLOWING THE TEMPORARY USE OF RECREATIONAL VEHICLES WHILE A RESIDENCE IS BEING CONSTRUCTED: Utilities (sewer, water, power) for the site (new home) should be in and inspected by Public Works prior to issuing a temporary permit for a recreational vehicle or mobile home, and these utilities should be constructed to adequately and legally serve the temporary structure. The temporary unit should be legally licensed and registered in the State. The permit for the new house should be issued and paid for before a temporary permit for a different structure is issued. J 'ks �,•. 4.0„.00,0) The temporary permit should state specifically that the temporary structure has to be\�`Q,�.,.&&`' - .s„,141. removed within a certain period of time (maybe 30 days) after the final inspection of they "d''"" new house has been made and the house approved for occupancy. Woyd, ,,�,,,,,.. 4� ) There should probably be a bond (substantial) required that will be automatically v ,,:,), ws''` forfeited to the cilty if the temporary structure is not removed within a specified number of days after the final approval of the new house. (.3,4 Maybe there should be a time limit placed on how long the temporary permit is good for. However, this could become a problem if the house being built isn't completed in a �,d,:�,J�► timely manner. Some owner built houses can take a 1 -o -n -g time to get built, especially if sk,ru.) Q'664"44 the owner has a different place to live; but I would rather have them living in a temporary Ca to 00) permitted structure instead of trying to move into an unfinished house. I guess I feel ,,, strongly both ways on whether there should be a time limit placed on the temporary permit. I guess I would lean towards the 30 days after final inspection of the house if I ��; ,,... had to make a choice. This procedure will add an additional workload on the Sierra system, inspectors, and permit counter staff to make sure appropriate action takes place in a timely manner. Scenario: Person puts in all hookups for a recreational vehicle site for the temporary use. House gets completed. Owner moves into house but still has all the hookups for a rec. vehicle on his site. Public Works has no restrictions on the number of sewer connections or water connections (I checked with Pat). There are no zoning code restrictions regarding the parking of a rec. vehicle on your property (according to Vernon). Therefore, it seems to me it would be extremely easy to utilize the RecV as a living area for family members, guests, etc., even without a permanent utility hookup (you'd have the same temporary hookup setup as any RecV park). Any problems with this?? YDS �v,,��Vszs I discussed this a little with Vernon and his response was that if we start allowing temporary mobile homes there are a number of other ordinances that would probably have to be changed. L vC t v her Will the Fire Dept. have any requirements for hydrants or apperatus access for these temporary living quarters prior to their being occupied? I recommend that this proposal to allow housing in temporary vehicles and issue permits for them be looked at very closely to anticipate at least the majority of problems that could come up through complaints from neighbors, council persons, etc.; and then ensure enforcement procedures, legal assistance, required staffing and equipment (tracking methods) to enforce those procedures are available or in place prior to adoption. We sure don't need another hard -to -enforce problem area. 2 03/11/997 07:41 206-625-1 iii • Pi... 9. 3-757 MUNICIPAL RESEAR PAGE 06 CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. 510 AN ORDINANCE OF THE CITY OF OCEAN SHORES AMENDING SECTIONS 15.12.020, 15.12.030 AND 15.12.050 OF THE OCEAN SHORES MUNICIPAL CODE TO CLARIFY REGULATIONS REGARDING THE USE OF RECREATIONAL VEHICLES AS LIVING QUARTERS. WHER.IAS, Chapter 15.12 of the Ocean Shores Municipal Code.contains provisions limiting the use of recreational vehicles tor living quarters; and WHEREAS, the interpretation and enforcement of these code provisions is becoming increasingly difficult; and WHEREAS, it is in public interest to clarify the intent of this chapter; NOW, THEREFORE, the City Council of the City of Ocean Shores do ordain as follows: Sect•j,•Qn„1.. Ordinance 150, Section 1 and Section• 15.12.020 of the Ocean Shores Municipal Code are. amended to read as follows: 15.12.020 Use as Liyjing _LigAsmgLs--Conditions. Unless otherwise authorized by this code a recreational vehicle may be parked on an undeveloped lot for a maximum of sixty (60) cumulative days in any one calendar year under the following conditions: (A) All zoning requirements are met; (B) The recreational vehicle may only be u:ed on property owned by the operator of .the recreational vehicle or where the owner of the property has g_.iven? -1- ' 1C31:it7 t for ep.0 (4141 03/11/'1997 07:41 206 -625 - MUNICIPAL RESEA1110 PAGE 07 h.is-writte-n-permission for such recreational vehicle use. The time limits authorized by this chapter may not be increased by moving the recreational vehicle_ to a different lot during the same calendar year; (C) The operator must obtain a ,cam`.ping-p.ermit from the police department or other designated city officer prior to each placement. The city manager is in power to establish rules and regulations governing the issuance of such permits and to provide for a reasonable permit fee to cover estimated expenses incurred; r (D) The recreational vehicle must be selt- containedd-or hooked up to an approved sanitary -system; (E) The camping permit must be displayed so chat it is visible from the street; (F) Anytime a recreational vehicle is parked on a lot as permitted herein it is presumed to be used*as living quarters regardless of its occupancy and c.ic:h day shall be counted toward the maximum period authorized by this chapter; and (G) Upon a showing of exceptional circumstances, the city manager, or his designee, shall be in power to extend the term of a permit. section 2. Ordinance 150 Section 3 and Section 15.1.2.0.30 of the Ocean' Shores Municipal Code are amended to read as followsi 15.12.01g Use as Living Quarters During, Construction. The -City -Manager, or his designee, shall be in_ power Eo issue-peemits for the occupancy of a recreational- v`ehicle- as--temporary---living quarters for- a period up to si-xth months under the following conditions: (A) All of the conditions of Section 15.12.020, not in conflict herewith, have been satisfied; -2- 10 03/11/1997 07:41 206-625-1 0 MUNICIPAL RESEARR PAGE 08 (8) Crhe applicant has obtained an Ocean Shores thudding permit <to construct a residence On the loc 'where the recreational vehicle is to be located; (C) The intent of the permit is to allow the applicant to reside in the recreational vehicle pending the completion of his residence and no longer; (D) Any permit granted pursuant to_this section may be-r"e'Thked by the city manager whenever it appars that substantial progress is not being made in the construction of the residence; and (E) Under Ro circumstances shall more r.hsn one--- ) permit?under this section be given to any party. FASSEO by the City Council and APPROVED by ,the Mayor the City of Ocean Shores, Washington, at a regular open; public meeting thereof this 10th day of December, 1990. "Helen Dorsey, Hayor ATTEST: Approved as to form Douglas C. Lewis (:Lty Attorney -3- 03/11/'1997 07:41 206-625-1 (.;ig 1 furbor Municipal Code buildings or driveways on the lot, and any other information necessary to show compliance with the building and zoning ordinances of the city. including a certified survey of any lot which appears to be abutting on a street within the city. The building inspector may, in his discretion, waive this requirement in writing if said corners can he established otherwise to his satisfaction. (Ord. 127 § 1, 1969; Ord. 109A § 20, 1968). 17.08.072 Site plan checking fees and information required. A. Whenever a submittal of a site plan is required by this code, a minimum fee of $100.00 shall be paid by the applicant at the time of submis- sion of the site plan. The minimum fee shall not be refundable under any circumstances. 13. Fees required in addition to the minimum fee shall be paid by the applicant at the time of submis- sion of the site plan in accordance with the follow- ing table: Estimated Cost of Construction Additional More Than But Less Than Fee $25.000 $50,000 $150.00 for 1st 525,000 plus 54.00 for each additional $1,000 $50.000 $500,000 $250.00 for 1st $50,000 plus 50.50 for each additional $1,000 $50(),000 and up $475.00 for 1st $500,000 plus $0.25 for each addi- tional 51,000 C, The site plan shall show the information required and in the form specified by the director of planning. (Ord. 308, 1979). 17.08.073 Mobile hotnes -Temporary uses, IK. -Applicants who are in the process of build-' ring a dwelling may apply for temporary permit,' ;which shall be subject to renewal, to locate -a Mobile home on the building lot during the course %f of construction of the dwelling. Such permit shall {not he issued until after a building pumit (for the building) has been obtained: B. Mobile hones may be used aslcatetaker's \ uarters at various job sites, i.e., construction projects, gravel pits andlor dumping operations which are controlled by other permits of limited time duration. All other types of caretaker quarters must meet the requirements for dwellings. MUNICIPAL RESEAle 17-15 PAGE 09 17.08.073 C. Mobile homes used for temporary u>es roust have an approval on sewage disposal system, water supply. and electrical connection. D. A temporary use permit may be issued by the planning/building department for _a period not tto_exceed one year,; provided. the depanmeut, for good cause shown, .;may renew the, permit for an `additional six=month period, at -which time the tent- porary use (mobile home) and all appurtenances thereto shall be removed from the property. E. As a condition to the issuance of a temporary permit under the provisions of this section; the owner sh lIdeposit in trust with the city, in cash or (its equivalent. the amount of $500.00; to he depos- ited in a special fund created by this section and identified as the "mobile home deposit fund," and shall enter into an agreement with the city. Such agreement shall provide, at a mini:nurn, as follows: li Tlie applicant agrees to pay to the city all fees, costs,` and/or' expenses, legal _or otherwise, Which -the -city n ay:incur in causing thc removal of the mobile -home; and. all its appUrtcnances left' in place beyond the time period approved by the city or used or installed in violation of the ordinances of the city; 2. The applicant agrees that all such fees, costs and/or expenses incurred by the city shall be deducted from the 5500.00 deposit: 3. The applicant agrees to pay to the city such fees, costs, and/or expenses incurred 11Yf •i' v Dov city which are in excess of the $500.00 depo.it; i. ar thy}, 4. The city agrees to _refund the ,$500.00 deposit. at the time of expiration of thc permit, in ""T"' 1 total, provided the city does no incw such lees, (AA/ A.dto.Adi costs, and/or expenses, or shall rt'und the remain k tt der of the deposit after deduction of such fees, �y�r'Lr6 costs, and/or expenses; and 5. The city agrees to provide to the applicant a complete and accurate accour :ing of all such fees, costs, and/or expenses, if any, incurred by thc city. F. A temporary use permit will be issued by the planning/building department. The fee will be $50.00 and is in addition to all other required per- mits for electrical, plumbing and sewage disposal systems. G. The planning/buildini---deputment - shall have the authority to temporarily delay the -enforce went of the terms of this chapter for a period not to exceed one year. The delay sits 1.' follow the six- month renewal period and be cub; e.ct to issuance of a permit as previously provided it' this section. An applicant for such permit shall subrnit proof that all of the following conditions exist: c�� 03/11/1997 07:41 206-625-1?20 17.0X.080 1. That. there are unusual- -circumstances, iempotwy in nature, which arc applicable to the occupancy of subject property which, when the terms of this chapter arc strictly applied thereto, cause unnecessary hardship; 2. That the. delay of enforcement will not be materially -detrimental w the public welfare or inju- rious to the property or improvements in the vicin- ity in which subject property is located; 3. Whcn authorizing delay of enforcement the planning/building department imposes such conditions including the posting of a cash bond of its equivalent -as'-Will assure that the delay of citftirceinent shall not disturb the compatibility of cexisting acid potential uses within the general area o1' the proposed use_ and reasonably assure that nui- sance or hazard to life or property does not • develop. • Ii. If any of the germs and conditions of the per- mit are violated, the permit shall become void. 1. Permits for temporary hardship shall be issued by the planning/building department upon a payment of a $50.00 permit fee. This is in addition to all other required permits for electrical, plumb- ing and sewage disposal systems. (Ord. 365, 1981). 17.08.080 Enforcement. It shall be the duty of the building inspector to enforce all provisions of this title, including inter- preting its contents. administration, providing application forms, issuing applications, issuing or denying permits. No oversight or dereliction on the part of the building inspector or any official or employee of the city vested with the duty or author- ity to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this tide. Any permit or license so issued shall he null and void. (Ord. 109A § 21, 1968). 17-16 MUNICIPAL RESEARe Chapter 17.10 OFFICE OF LAND USE HEARING EXAMINER PAGE 10 Sections: 17.10.010 Title. 17.10.020 General objectives. 17.10.030 Created. 17.10.040 Appointment and terms. 17.10.050 Compensation. 17.10.060 Hearing examiner - Qualifications. 17.10.070 Examiner•pro tcm -Powers and duties. 17.10.080 Hearing examiner - Conflict of interest. 17.10.090 Hearing examiner - Freedom from improper influence. 17.10.100 Hearing examiner - Duties. 17.10.110 Applicatins. 17.10.120 Report by department of community development. 17.10.130 Public hearing. 17.10.140 Examiner's decision and recommendation - Findings required. Reconsideration_ Appeal. Council action. Computation of time. 17.10.150 17.10.160 17.10.170 17.10.180 17.10.010 Title. This chapter shall be hereinafter known as the: "Land Use Hearing Examiner Ordin.tnce" or "Hearing Examiner." may be cited as such. will be hereinafter referred to as "this chapter' .and the same shall be and constitute a new section of Title 17 of the Gig Harbor Municipal Code. (Ord. 489 § 1. 1986). 17.10.020 General objectives. It is the general objective of this chapter to: A. Provide a single, efficient, integrated land use regulatory hearing system; B. Render land use regulatory decisons and recommendations to the city council; C. Provide a greater degree of due pr, -;cess in land use regulatory hearings; D. Separate the land use policy formu!.tion and the land use policy administration processes. (Ord. 489 § 2, 1986). 17.10.030 Created. The office of the land use hearing examiner. hereinafter referred to as examiner, is created. The examiner shall interpret, review, and implement land use regulations as provided in this chapter and MAR -10-1997 09 36 20.70.001 Sections: 20.70.001 20.70.005 20.70.010 20.70.015 20.70.016 20.70.020 20.70.021 20.70.022 20.70.025 20.70.030 20.70.035 20.70.001 Chapter 20.70 Ili/ COMM.DEU.8 PW • 206 840 66'':l P.02/05 TEMPORARY USES Description and purpose. Temporary use permit required. Permitted temporary uses — Residential zones. Permitted temporary uses — C, M and PCD zones. Temporary use permit for seasonal produce stands. Temporary uses not listed. Temporary use permit for expanded recreational vehicle use. Hearing examiner review of expansion or intensification of recreational vehicle use. Special requirements — Temporary uses. Application procedure. Conditions and bonds. Description and purpose. Certain uses, when active for a limited and tem- porary period of time and when properly regulated, can be compatible, or otherwise limited in impact to neighboring properties and the general commu- nity. This chapter is intended to provide this title with the flexibility to accommodate these tempo- rary uses. (Ord. 2147 Exh. A, 1987). 20.70.005 Temporary use permit required. Prior to the establishment of any temporary use as permitted and regulated under the provisions of this chapter, there shall be a permit for such tempo- rary use issued by the planning and community development director. (Ord. 2478 § 1, 1996; Ord. 2147 Exh. A. 1987). 20.70.010 Permitted temporary uses — Residential zones. The following temporary uses arc permitted in the RS, RM, PDR R and residential use areas within the PDC zones: (1) Political campaign offices subject to not more than 120 continuous days of site occupation and operation in any one-year period; (2) Contractor's offices and storage yards on the site of any active construction project: (3)1_Mobile home residences or trailers of secu-; `_rity purposes en the site of an active construction project but for not more than a total of six months Cin any one-year period; (4) Garage or yard sales conducted by the occu- pants of a residential dwelling, subject to not more than 10 days of sale in any one-year period or four days of sale in any single month. Such sales are exempt from the permit requirements ser forth in PMC 20.70.005. Garage or yard sale; which exceed these specified time limits are prohibited and shall be considered violations of this title; (5) Rummage and other outdoor saL' s spon- sored by schools, churches or other nonprr Fit orga- nizations and sited at said school, church: or other nonresidential institutional facility, subje:t to not more than 30 days of site occupation and operation in any one-year period; (6) Temporary stands as specified below are exempt from the permit requirements set: forth in PMC 20.70.005. but must comply with the require- ments of PMC 20.70.025 and the licensing require- ments of PMC Title 5: (a) Temporary businesses established for the sale of retail products, services and food, s ;hject to not more than 30 days of site occupancy aid oper- ation in any one-year period on the follow ;.. g spe- cifically described properties located adjacent to the Western Washington Fair: (i) All properties located north of Ninth Avenue SW and south of the dedicated alle; imme- diately north of said Ninth Avenue SW between Meridian and Fifth Street SW, (ii) All properties located within 100 feet west of the centerline of Fifth Street SW between Ninth Avenue SW and 14th Avenue SW;, .: (b) Christmas tree sales lot. subject to not more than 40 days of site occupation and operation i in any one-year period; and (c) Outdoor art and craft shows and exhibits, subject to not more than 30 days of displa i in any one-year period; (7) Temporary motor vehicle parking to serve visitors to activities conducted at the Western Washington Fair during fair events only, provided such properties are within 2,000 feet of FAIR - zoned. properties. Such temporary parking; shall be exempt from the permit requirement set forth in PMC 20.70.005; (8) Model homes and real estate offict- on the site of a subdivision project where less than 75 per- cent of the lots have been sold and developed with (Revised 5/96) 20-74 `. MAR. -10-1997 09:37 ALLUP COMM.DEU.& PLJ Puyallup Municipal Code homes, or for 18 months from the date of issuance of the permit, whichever is greater, (9) Where the use of property for temporary parking and occupancy of recreational vehicles has been clearly established prior to December 31, 1987, such use may continue, unchanged and in the previously established manner without the need to obtain a temporary use permit or other approval required by this chapter. However, such use shall not be expanded or intensified, and facilities asso- ciated with the recreational vehicle use shall not be constructed or modified in a manner requiring any government permit without first obtaining the approval of the hearing examiner as provided by PMC 20.70.021 and 20.70.022. If such enlarge- ment, intensification, construction or modification is approved by the hearing examiner, recreational vehicle use shall thereafter be subject to the tempo- rary use permit requirements of PMC 20.70.005 and 20.70.021. (Ord. 2393 § 1, 1994; Ord. 2268 § 44, 1991; Ord. 2233 § 1, 1990; Ord. 2196 § 11, 1989; Ord. 2173 § 2, 1988; Ord. 2147 Exh. A, 1987). 20.70.015 Permitted temporary uses — C, M and PCD zones In addition to those temporary uses specified in PMC 20.70.010, the following temporary uses are permitted in the C, M and PCD (except for residen- tial areas) zones: (1) Circuses, carnivals and similar transient amusement enterprises, subject to not more than 30 days of site occupation and operation in any one- year period; (2) Fireworks sales subject to the requirements of the standard operating procedures of the Puyal- lup fire department and a limitation for not more than 30 days of site occupation and operation in any one-year period; (3) Temporary stands as specified below are exempt from the permit requirements set forth in PMC 20.70.005. but must comply with the require- ments of PMC 20.70.025 and the licensing require- ments of PMC Title 5: (a) Temporary businesses established for the sale of retail products, services, and food, subject to not more than 30 days of site occupation and operation in any one-year period, (b) Parking lot and other outdoor sales, sub- ject'to not more than 30 days of site occupation and operation in any one-year period; 20-75 • 206 840 6678 P.03/05 20.70.021 (4) Mobile home residences or trailers for secu- rity purposes on the site of an active construction project. (Ord. 2233 § 1. 1990; Ord. 2147 Exh. A, 1987). 20.70.016 Temporary use permit for seasonal produce stands; A temporary use permit for seasonal produce stands may be granted upon a finding by the plan- ning director that the requested use complies with each of the following: (1) All requirements of PMC 20.70.025 and the licensing requirements of PMC Title 5. (2) Operation of said stand shall be limited to within the dates of April 15th through October 15th in any given year. (3) The stand shall be located in a C zone dis- trict. (4) There shall be documentation of the prop- erty owner' s authorization for such use of the prop- erty. (5) The stand's merchandise shall entirely con- sist of vegetables, fruit and other agricultural prod- ucts principally devoted to human consumption. (6) Pursuant to submittal of an adequate site plan, a determination shall be made by city staff that access to. and on. the site is properly config- ured and improved to a level adequate to accom- modate expected vehicular traffic. :Ord. 2316 § 1, 1992). 20.70.020 Temporary uses not listed. The planning director may authorize the estab- lishment of a temporary use not specifically listed in PMC 20.70.010 and 20.70.01:5, provided that such temporary use is similar tu, and no more intensive than, the temporary uses permitted in the relevant zone by said section. (Ord. 2.233 § 1, 1990; Ord. 2147 Exh. A, 1987). 20.70.021 Temporary use perusal for expanded recreational vehicle use. (1) A temporary use permit for recreational vehicle use may be granted by the . planning direc- tor on an individual event or occ t on basis or on an annual basis. If an annual temporary use permit is issued it shall state the specific periods through- out the year that temporary recreational vehicle use is allowed; however, these specific periods may be revised or supplemented through :application of an individual event or occasion permit at any time. MAR` -10-1997 09:37 P RLLUP COMM.DEU.& PW 20.70.022 (2) An annual temporary use permit may spe- cifically allow for a low level of recreational vehi- cle use that can occur outside the specific periods of use identified by the permit. Such additional use shall be at a level determined by the planning director to be: (a) Purely incidental and secondary to the primary use of the property; and (b) Not disruptive to surrounding properties and uses. As a general guideline, 10 percent of design capacity may be considered a low level of use. (3) In reviewing a request for temporary use permit, the director shall consider whether the use complies with the requirements of PMC 20.70.022 and any conditions imposed by the planning com- mission. (4) Such use shall not generate a profit for the property owner or operator, or otherwise be oper- ated as a "for-profit" business. Charges may be levied or donations sought only for the purpose of offsetting utility or other direct and indirect costs associated with the recreational vehicle use. (5) No individual recreational vehicle shall be allowed to remain in temporary residential use at a specific location for more than four days, unless in conjunction with a special event, in which case the temporary residential use may extend throughout the duration of such event plus a reasonable period specified by the temporary use permit. A "special event" for the purposes of this subsection, means either a special conuuunity event, such as the annu- al Daffodil Festival, Meeker Days or the Western Washington Fair, or an event taking place on prop- erty controlled by the holder of the temporary use permit and specifically identified by the permit. (6) A temporary use permit shall specify the maximum number of recreational vehicles that will be allowed to occupy the site at any time. In no case shall this number exceed the design capacity of the recreational vehicle use, as determined by the planning director. (7) An annual temporary use permit may be revoked by the planning director at any time for just cause. Revocation of an annual permit shall not prevent the subsequent issuance of individual event or occasion permits, or annual permits, pro- vided the reasons for revocation have been reme- died. (Ord. 2233 § 1, 1990; Ord. 2173 § 4, 1988). 20-76 III206 840 66'•'8 P.04/05 20.70.022 Hearing examiner review of expansion or intensification of recreational vehicle use. (1) Any expansion or intensification of a legal nonconforming recreational vehicle use, and any constriction or modification of facilities associ- ated with such use requiring any government per- mit, shall be subject to the approval of the hearing examiner. The hearing examiner shall conduct a public hearing for the purpose of review of the pro- posal for compliance with the following require- ments: (a) There shall be no signs of business or advertising nature associated with the recwational vehicle use; (b) Appropriate sanitary waste disposal facilities shall be available within one-half mile of the site; (c) A minimum 30 -foot -wide landscaped buffer shall be provided adjacent to any RS or RM zoned property; (d) All recreational vehicle spaces ;Ind asso- ciated parking spaces shall be provides 1 with a durable, dustless surface of turf, gravel, z.uphalt or similar treatment, and this surface shall be ade- quately maintained; (e) Except where fence or wall height is oth- erwise restricted, whenever a recreational vehicle use is expanded or intensified on property adjacent to a pre-existing single-family home or adjacent to RS zoned property, a six-foot masonry wall or solid fence shall be established and maintained between the recreational vehicle use and the single-family property. Additionally, required landscaping adja- cent to this wall or fence shall include trees or other vegetation that will within five years of planting exceed the height of the fence or wall. Fo: • the pur- pose of this subsection, "adjacent" mean; that the properties share a common property line and, in the case of an existing single-family home not within an RS zone, the single-family home is located within 50 feet of that common property line; (f) All landscaped areas shall be maintained in an attractive, healthy and growing manner. No storage or materials or parking of vehicles shall be allowed on or within required landscaped areas; (g) Within 100 feet of any RS, RM or PRD zoned property, outdoor lighting and aerial - mounted floodlighting shall be shielded from above in such a manner that the bottom edge of the shield shall be below the light source. Said lighting MA -10-1997 09:38 P YALLUP COMM.DEU.& PW Puyallup Municipal Code shall be shielded so that the direct illumination shall be confined to the property boundaries of the light source. Ground -mounted floodlighting or light projection above the horizontal plane is pro- hibited between midnight and sunrise; (h) All electric receptacles shall be secured in such a manner as to prevent access by children or other unauthorized access. (2) In reviewing a proposal for expansion or modification, the commission shall consider any impacts, on the use and enjoyment of neighboring properties and on traffic circulation and safety, and shall impose such conditions on approval as are reasonable and necessary to protect the public health. safety, comfort, convenience and general welfare. Such conditions may include, but shall not be limited to: requirements for fencing, landscap- ing and other buffering measures; access improve- ments; mitigation of light, glare and noise impacts; and participation in the improvement of off-site facilities impacted by the use. In the event that rea- sonable conditions will be insufficient to protect the public interest, the proposed expansion or improvement shall not be approved. (3) A decision by the hearing examiner to approve or not approve the expansion. intensifica- tion or modification of a legal, nonconforming rec- reational vehicle use shall be final 10 business days from the date of such decision, unless appealed under the provisions of Chapter 20.13 PMC. (Ord. 2268 § 45, 1991; Ord. 2233 § 1, 1990). 20.70.025 Special requirements — Temporary uses. The following special requirements apply to temporary uses: (1) Except as otherwise provided for in PMC Title 5, no temporary uses shall be located within any public right-of-way or upon any public prop- erty. (2) ,No temporary use shall be established in such a manner as to inhibit- vehicle sight distance, or otherwise present a traffic or public safety haz- ard as determined by the public works director. (3) Signs of temporary uses shall comply with sign requirements specified in Chapter 20.60 PMC and shall be removed upon termination of the tem- porary use. (4) The -temporary -use -shall be maintained in a neat and -orderly- condition and manner, free of debris and litter. 20-77 206 840 6678 P.05/05 20.70.035 (5) Upon termination of the temporary use, all structures, signs and other physical manifestations of the use shall be removed and the property returned or otherwise maintainer''. in a neat and orderly condition. (6) All temporary uses engaged in the conduct of a business shall be subject to the provisions of PMC Title 5. (7) All temporary retail stands shall be subject to the following requirements: (a) No such stand shall be located within two feet of any side property line, within 10 feet of any permanent building, nor within 50 feet of any gas- oline pump, oil storage tanks, or premises where flammable liquids are kept. (b) All temporary stands shall be constructed so as not CO constitute a danger, hazard or threat to public safety. (8) Temporary motor vehicle parking areas shall be improved with a durable, dustless surface in accordance with the standards of the public works director. Asphaltic paving 'r not required. Temporary uscs or stands within, or adjacent to, existing improved parking areas (which already serve existing on-site uses) which, by their place- ment, occupy designated stalls, shall not cause the number of available parking spaces for said exist- ing on-site uses to fall below that minimal parking amount required by this code. (Ord. 2316 § 1, 1992; Ord. 2233 § 1, 1990). 20.70.030 Application procedure. Upon application for a temporary use the plan- ning and community development director shall approve, modify or deny said application within 28 calendar days of filing. Said actioi;.:3hall be based upon the conformity of the temporary use i to the provisions of this chapter. (Ord. 2478 § 1, 1996; Ord. 2233 § 1, 1990). 20.70.035 Conditions and bonds. LThe planning director may:apply special condi- 1 tions to any approved temporary use permit to ensure compliance with this chaptu:r and CO ensure that such temporary use is not detrimental to neigh- boring properties and the public h:alth, safety and ,general welfare. Further, the director may require a cash_bond be posted by the applicant to defray the costs of cleanup and repair of the property should the permittee fail _to do same. (Ord. 223.3 § 1, 1990). (Revised 5/96) TOTAL P.05 03/11/1997 07:41 206-6250 / Chapter 15.12 MOB1LEHOMES AND HOUSE TRAILERS Sections: 15.12.010 15.12.020 15.12.030 15.12.040 15.12.050 15.12.060- 15.12.070 Location on lot or parcel— Restrictions. Wheel -mounted mobilehome— Permit required. Wheel -mounted rnobillehome— Nondwelling use. Traveling mobile unit—Permit not required when—Restrictions. Storage of mobile unit—Permit not required. Animal trailer, boat trailer or other light hauling trailer— Storage allowed without permit. Violation—Penalty. 15.12.010 Locution on lot or parcel— Restrictions. No mobilehome. house trailer or other unit which by original design is capable of being moved upon public streets and highways. shall be located on any lot or parcel of property in the city and used for residential or commercial purposes, except on the following terms and conditions: A. 'lite mobilehome, house trailer or other unit shall not he: 1. More than live (5) years old (except as pro- vided in subsection D below); or 2. Less than one thousand (1,000) square feet of living floor area 13. Any person desiring to place a mobllehome or other similar unit on a lot or parcel on a perma- nent or indefinite basis shall apply to the city coun- cil for a mobilehome permit. The application shall contain. as a minimum, the following information: 1. A site plan drawn to scale; 2. A detailed description of the mobile unit. showing all dimensions, exits and utilities: 3. Location of proposed septic system; 4. Description of the proposed use of the mobile unit: MUNICIPAL RESEVIlk PAGE 02 < •.L ,:'.'..e< t. 15.11.010 109 5. Signatures of the owners of the real estate and the owners of the mobile unit. ti C. Upon receipt of a complete ;application, the city council shall consider the same at a regular or special council meeting, and if it is found that it would not be detrimental to the public health. safety or welfare or to the property values tiff the surround- ing neighborhood. the council shall grant the permit and shall impose, as a minimum. the following conditions: 1. All lot size and setback imposed on owners of nonmobile structures shall he met by the owners of mobile units; 2. Prior to occupancy of a mobile unit, all wheels, running gear and tongue must be removed. and the unit shall be placed on a concrete founda- tion or cement block foundation to the satisfaction attic city building official: further. rile mobile unit shall be skirted to the satisfaction of the city huild- ing official. D. Any person desiring to place a mobile home or other similar unit more than live t.'$) years old un a lot or parcel on a permanent or cr:dctinitc hasis may do so if they elect to request a variance from the city council. A variance may be granted if, it :r minimum, the applicant agreed that the unit will be inspected and approved by the city building 01ficial according to the city huilding code and the nnia is in compliance with all other city, state and federal codes and regulations. (Ord. 334.§ I. [992: Ord. 394 § 1, 1989; Ord. 140 § 1. 190 ) 15.12.020 Wheel -mounted mu1.•';ehorne— Permit required. A mobilehome mounted on whcLls shall nut he permitted on any lot as a human dr:nicile. outside a mobilehome park or trailer part:, except on a temporary basis while a dwelling unit building is being constructed on such for or while a damaged dwelling unit building located on such lot is being repaired. To qualify for such r'rnporary use, a mobilehome shall have utility connections. Fur purposes of control under this chalk.:2r, a huilding permit for such nlobilchotne shall h{° rcquitcii sub- ject to a structure variance. Such permit shalt he 03(11/1997 07:41 206-6250 revocable on sixty (60) days notice and notice of revocation shall he given if the applicant has not applied for a building permit for the dwelling unit building to he constructed or repaired on such lot within one hundred twenty (120) days of the date of issue of the temporary building permit for such mobilehome. The temporary building shall become void at such time as the dwelling unit building is ready for occupancy and in any case shall become void within two (2) years of the date of issue. (Ord. 140 § 2, 1967) 15.12.030 Wheel -mounted mobilehome— Nondwelling use. A (rouse trailer or mobilehome mounted on wheels may be placed on a lot not in residential use, without utility connections except electric service if required. and put to a nondwelling use under cir- cumstances considered appropriate. A use permit shall he required subject to a use variance and shall be revocable on thirty (30) days notice. (Ord. 140 § 3. 1967) 15.12.040 Traveling mobile unit—Permit not required when—Restrictions. Guests who travel with a house trailer or mobile - home may park such trailer on a host's premises so LIS not to intcrfcrc with other vehicle parking for not to exceed thirty (30) days. Only one (1) such guest trailer may be accommodated at any one (1) time. No permit shall he required. The zoning official or other city official shall have the right to determine that such trailer is a guest trailer. (Ord. 140 § 4, 1967) 15.12.051) Storage of mobile unit—Permit not required. A house trailer or mobilehome owned by the occupant of residential premises may be stored on such premises when not in use on the road, provided no dwelling use is made of such trailer while so stored and provided further, that accessory structure setbacks shall be observed and such trailer shall not interfere with vehicle parking requirements. No permit shall he required. (Ord. 140 3 5. 1967) MUNICIPAL RESE, 15. 12.020 110 PAGE 03 15.12.060 Animal trailer. boat trailer or other light hauling trailer— Storage allowed without permit. An animal trailer, boa trailer or other light haul- ing trailer owned by the occupant cif residential premises may be stored on such preur.ses when not in use. provided such trailer is stored on the rear area of such premises and does riot interfere with vehicle parking requirements. No permit shall be required. (Ord. 140 § 6, 1967) 15.12.070 Violation—Penalty. A violation of any provision of this chapter is a misdemeanor. and any person found guilty of such violation shall be punished by a tine .not to exceed one hundred dollars ($100.00) for each day of such violation, or by 'a jail sentence not to exceed thirty (30) days, or by both. (Ord. 178 § 2. 1977: Ord. 140 § 7, 1967) 03/11/1997 07:41 206-625 ';•1 MUNICIPAL RESE• PAGE 04 15.16.900--15.16.150 15' 16 09 .0 em Tora)ry -- usePermit .E. licat.ion. Appli- cants who -are in the process of building a convnnr.i anal dwelling may apply for a temporary permit, which shall bo subject to renewal, to 1ocate a mobile homo on that' mulldingy.; lot clueing the course of construction of th4: pormit shall not be issued until after a buiidinq fc.r the building has been obtained. (Ord. 670 ) (•,) , 15.16.100 Temporary uoe--Caretaker' Quarte homes m;iy be used as caretakors' quarters at j Wil) kites, i.e., construction projects, gravc,i pits at;,. /or dui;l - ing operations. (Ord. 670 §8(b); 1986) 15.16.110 Temporary use --Utilities. mobilo ho:iies used, or temporary uses, must have an approved sewage d ::;- Nosal system, water supply and electrical connect Li_r.:n, facia is not required. (Ord. 670 §8(c), 1986) 15.16.120 Temporary use --Permit duration. A temporary use permit may be issued by the building department tc.t: period not to exceed eighteen months. At the time; the t-.. ut- porary permit expires, the mobile home and all olh :t- -_'>•' 1 tenancc.s shall be removed from the property. (Orsi. 670 58 (d) , 1986) 15.16. 130 Temporary use --Permit issuance and temporary u,e permit shall be, issued by the building dep.:'•r - ment. A fee shall be paid to the Friday Harbor: bu.i. Ldii;�l department in an amount prescribed by the approv.td fn schedule, as now or hereafter amended. Tho tee 1r; in .ltw:• i - tion to all other required permits for electrical :'1nnc.i :sewage disposal systems. (Ord. 670 §8(e), 1986) 15.16.140 Sewer connection. No mobil : hom : .:,h(! 1 . installed or maintained which is not directly • . four -inch main with a public sewer, and by r; pi_:)0 least three -fourths -inch diameter and cor;r:ti:ct:c.ci `••• municipal water main. (Ord. 670 §9, 1986) 15.16.150 Fees. Fees shall he est:ibl.ishc:c'. Temporary use (single) Temporary use (double) Prmaneut use (single) Permanent use -(double) Permanent use (triple) Add -a -room use (triple) Temporary commercial (single) Permanent commercial (double) Permanent commercial (triple) Plan -check fee (65%) commercial only (Ord. 670 510, 1986) S 50.00 100.00 125.0) .i!)0.1;r�' `;0 . 011 _00.c)c) 1`0.00 150.00 122-1 (Friday Ha bcr 5/36) 03f11/1997 07:41 206-6250 MUNICIPAL RESE• PAGE 05 17.95.040 .,,) 17.95.060 height is needed to screen completely all the operations of such yards. The plans of said building or fence shall have first been approved by the Planning Commission, and said building or fence shall be maintained in full conformity with any conditions attached to such approval. B. New uses shall be subject to site approval of the Planning Commission and shall be subject to any restrictions and modifications said Commission may stipulate. C. Noise abatement is to be enforced from 6:00 P.M. to 7:00 A.M. Burning of items on the premises is prohibited. D. Auction houses, second-hand barns, salvage lumber and used parts establishments shall contain all items for display or sale within a structure or behind a sight -obscuring fence not Tess than six (6) feet in height. No part of any required front, side or rear yard shall be used for the sale or display of any said items. (Ord. 2668 §11 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/0.) 1/95.050 Moving of Buildings. No building preconstructed, either partly dr completely, shall be moved onto any site until such site and such building have been approved by the Building inspector, subjectto review by the Planning Commission. (Ord. 2668 §1 I (pan), 1/17/92; Ord. 1709 §1 (part), 12/22/70.) 17.95.060 Temporary malas• - A. Planning Director Decision. The Planning Director may issue permits for occupancy of temporary buildings, including mobile homes, used in conjunction with construction or reconstruction projects, or buildings used as real estate tract offices, for a period not to exceed one (1) year. Such temporary buildings may be located in any zone; provided, however, sufficient setbacks are maintained to protect the public health, safety, and welfae. Buildings intended for a longer period of use shall conform in every respect to all provisions of these Regulations but will be considered by the Planning Director at a public hearing.. ` Requests for extensions of previously approved temporary use permits with specified tiw periods of authorization shall also be considered by the Planning Director at a public hearing and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1_ The use complies with the permit conditions. ,. 2. There have been no significant adverse changes in circumstances. B. Appeals 1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department in Avriting within fifteen (15) days following the date of the decision. 3. The City Council shall conduct a public hearing on the appeal with notice being given as set forth in §17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Courtin accordance with §17.96.150. (Ord. 2668 §11 (part). 1 17 92; Ord. 2595 §9, 6-27-90; Ord. 2334 §2, 4-10-85; Ord. 1709 §1 (part), 12-22-70.); 5.93 17-88 03/11/1997 07:41 206-6250 P1.... 9.3-757 MUNICIPAL RESE PAGE 06. CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. 510 AN ORDINANCE OF THE CITY OF OCEAN SHORES AMENDING SECTIONS 15.12.020, 15.12.030 AND 15.12.050 OF THE OCEAN SHORES MUNICIPAL CODE TO CLARIFY REGULATIONS REGARDING THE USE OF RECREATIONAL VEHICLES AS LIVING QUARTERS. WHEFREAS, Chapter 15.12 of the Ocean Shores Municipal Cede contains provisions limiting the use of recreational vehicles Lor living quarters: and WHEREAS, the interpretation and enforcement of these code provisions is becoming increasingly difficult; a:d WHEREAS, it is in public interest to clarify the intent of this chapter; NOW, THEREFORE, the City Council of the City of 6ccan Shores do ordain as follows: Sect. .Qn„1. Ordinance 150, Section 1 and Section, 15.12.020 of the Ocean Shores Municipal Code are amended to read as follows: 15.12.020 Use as Liyinig _auax grA--Conditions. Unless otherwise authorized by this code a recreational vehicle may be parked on an undeveloped lot for a maximum of sixty (60) cumulative days in any one calendar year under the following conditions: (A) All zoning requirements are met; (B) The recreational vehicle may only be u y.A on property owned by the operator of the recreational vehicle or where the owner of the property has given -1- 00;' 15Ci0 03/11/1997 07:41 206-6250 MUNICIPAL RESE• PAGE 07 his written permission for such recreational vehicle use. The time limits authorized by this chapter m:ly not be increased by moving the recreational vehicle co a different lot during the same calendar year; (C) The operator must obtain a camping permit from the police department or other designated city officer prior to each placement. The city manage>r is in power to establish rules and regulations governing the issuance of such permits and to provide for a reasonable permit fee to cover estimated expense's incurred; (D) The recreational vehicle must be self- contained or hooked up to an approved sanitary system; (e) The camping permit must be displayed so that it is visible from the street; (F) Anytime a recreational vehicle is parked on a lot as permitted herein it is presumed to be used*s living quarters regardless of its occupancy and e:1::h day shall be counted toward the maximum period authorized by this chapter; and (G) Upon a showing of exceptional circumstalces, the city manager, or his designee, shall be in power to extend the term of a permit. section 2. Ordinance 150 Section 3 and Section 15.1.2.0.30 of the Ocean Shores Municipal Code are amended to read as follows' 15. 12.0.,q Use as Living Ouarters During. Construction. The City Manager, or his designee, shall be in po;w;er ro issue permits for the occupancy of a recreational vehicle as temporary living quarters for a period up to sixth months under the following conditions: (A) All of the conditions of Section 15.12.020, not in conflict herewith, have been satisfied; -2- 03/11/1997 07:41 206-625. MUNICIPAL RESE PAGE 08 (8) The applicant has obtained an Ocean Shores building permit to construct a residence on the lot where the recreational vehicle is to be located; (C) The intent of the permit is to allow the. applicant to reside in the recreational vehicle pending the completion of his residence and no longer; (D) Any permit granted pursuant to this section may be revoked by thecity manager whenever it appfars that substantial progress is not being, made in the construction of the residence: and (E) Under no circumstances shall more than one permit under this section be given to any party. PASSED by'the City Council and APPROVED by the Aldyor or the City of Ocean Shores, Washington, at a regular open( public meeting thereof this 10th day of December, 1990. Helen Dorsey, Mayor ATTEST; Approved as to forms Douglas C. Lewis City Attorney -3- 63/11/1997 97:41 206-6250 (.;ig !!arbor Municipal Code buildings or driveways on the lot, and any other information necessary to show compliance with the building and zoning ordinances of the city. including a certified survey of any lot which appears to be abutting on a street within the city. The building inspector may, in his discretion. waive this requirement in writing if said corners can he established otherwise to his satisfaction. (Ord. 127 § 1, 1969; Ord. 109A § 20, 1968). 17.08.072 Site plan checking fees and information required. A. Whenever a submittal of a site plan is required by this code, a minimum fee of 5100.00 shall be paid by the applicant at the time of submis- sion of the site plan. The minimum fee shall not be refundable under any circumstances. 13. Fees required in addition to the minimum fee shall be paid by the applicant at the time of submis- sion of the site plan in accordance with the follow- ing table: Estimated Cost of Construction Additional More Than But Less Than Fee $25.0.1(1 $50,000 $150.00 for 1st 525,000 plus $4.00 for each additional 51,000 550.000 5500.000 5250.00 for 1st $50,000 plus 50.50 for each additional 51,000 $50),000 and up $475.00 for 1st 5500,000 plus 50.25 for each addi- tional 51,000 C. The site plan shall show the information required and in the form specified by the director of piaunning. (Ord. 308, 1979). 17.08.073 Mobile homes — Temporary uses. A. Applicants who are in the process of build- ing a dwelling may apply for a temporary permit, which shall be subject to renewal, to locate a mobile home on the building lot during the course of construction of the dwelling. Such permit shall not he issued until after a building permit (for the building) has been obtained. 13. Mobile homes may be used as caretaker's quarters at various job sites, i.e., construction projects, gravel pits and/or dumping operations which are controlled by other permits of limited time duration. All other types of caretaker quarters roust meet the requirements for dwellings. MUNICIPAL RESE111 PAGE 09 17-15 17.08.073 C. Mobile homes used for temporary uses must have an approval on sewage disposal system, water supply. and electrical connection. D. A temporary use permit may be issued by the planning/building department for a period not to exceed one year; provided. the department, for good cause shown, may renew the permit for an additional six-month period, at which time the tem- porary use (mobile home) and all appurtenances thereto shall be removed from the property. E. As a condition to the issuance of a temporary permit under the provisions of this section, the owner shall deposit in trust with the city, in cash or its equivalent. the amount of $500.00, to he depos- ited in a special fund created by this section and identified as the "mobile home deposit fund," and shall enter into an agreement with the city. Such agreement shall provide, at a mini:num, as follows: 1. The applicant agrees to'pay to the city all fees, costs,` and/or•expenses, let:a1 or otherwise, which the city may in causing the removal of the mobile home, and all its apps rtenances left in place beyond the time period approved by the city or used or installed in violation of the ordinances of the city; 2. The applicant agrees that all such fees, costs and/or expenses incurred by the city shall be deducted from the 5500.00 deposit: 3. The applicant agrees to,' pay to the city such fees, costs, and/or expenses incurred by the city which are in excess of the $500.00 deposit; 4. The city agrees to refund the $500.00 deposit at the time of expiration 'of thc permit, in total, provided the city does not incur such fees, costs, and/or expenses. or shall refund the remain der of the deposit after deduction of such fees, costs, and/or expenses; and 5. The city agrees to provido to the applicant a complete and accurate accouking of all such fees, costs, and/or expenses, if any, incurred by thc city. F. A temporary use permit will be issued by the piartning/building department. The fee will be $50.00 and is in addition to all other required per- mits for electrical, plumbing and sewage disposal systems. G. The planning/building department shall have the authority to temporarily iielay the enforce ment of the terms of this chapter for a period not to exceed one year. The delay shall follow thc six- month renewal period and be to issuance of a permit as previously provided ic''. this section. An applicant for such permit shall suhrnit proof that all of the following conditions exist; 03/11/1997 07:41 206-6250 17.08.080 1. That there are unusual circumstances, temporary in nature, which arc applicable to the occupancy of subject property which, when the terms of this chapter arc strictly applied thereto, cause unnecessary hardship; 2. That the delay of enforcement will not be materially detrimental to the public welfare or inju- rious to the property or improvements in the vicin- ity in which subject property is located; 3. When authorizing delay of enforcement the planning/building department imposes such conditions including the posting of a cash bond or its equivalent as will assure that the delay of enforcement shall not disturb the compatibility of existing and potential uses within the general area of the proposed use and reasonably assure that nui- sance or hazard to life or property does not develop. • I1. If any of the Terms and conditions of the per- mit are violated, the permit shall become void. 1. Permits for temporary hardship shall be issued by the planning/building department upon a payment of a $50.00 permit fee. This is in addition to all other required permits for electrical, plumb- ing and sewage disposal systems. (Ord. 365, 1981). 17.08.080 Enforcement. It shall be the duty of the building inspector to enforce all provisions of this title, including inter- prcting its cuntents. administration, providing ;application forms, issuing applications, issuing or denying permits. No oversight or dereliction on the part of the building inspector or any official or employee of the city vested with the duty or author- ity to issue permits or licenses shall legalize. authorize. waive ur excuse the violation of any of the provisions of this title. Any permit or license so issued shall he null and void. (Ord. 109A § 21, 1968). 17-16 MUNICIPAL RESE• Chapter 17.10 OFFICE OF LAND USE HEARING EXAMINER PAGE 10 Sections: 17.10.010 Title. 17.10.020 General objectives. 17.10.030 Created. 17.10.040 Appointment and terms. 17.10.050 Compensation. 17.10.060 Hearing examiner - Qualifications. 17.10.070 Examinerpro tcm -Powers and duties. 17.10.080 Hearing examiner - Conflict of interest. 17.10.090 Hearing examiner - Freedom from improper influence. 17.10.100 Hearing examiner - Duties. 17.10.110 Applications. 17.10.120 Report by department of community development. 17.10.130 Public hearing. 17.10.140 Examiner's decision and recommendation - Findings required. Reconsideration. 17.10.150 17.10.160 17.10.170 17.10.180 Appeal. Council action_ Computation of time. 17.10.010 Title. This chapter shall be hereinafter knows as the "Land Use Hearing Examiner Ordinrtnce" or "Hearing Examiner." may be cited as suck will be hereinafter referred to as "this chapter' (:tnd the same shall be and constitute a new section of Title 17 of the Gig Harbor Municipal Code. (Ord. 489 § 1. 1986). 17.10.020 General objectives. It is the general objective of this chapter to: A. Provide a single, efficient, integrated land use regulatory hearing system; B. Render land use regulatory decisions and recommendations to the city council; C. Provide a greater degree of due pi t Bess in land use regulatory hearings; D. Separate the land use policy formuo.ltion and the land use policy administration process. (Ord. 489 § 2, 1986). 17.10.030 Created. The office of the land use hearing examiner. hereinafter referred to as examiner, is created. The examiner shall interpret, review, and implement land use regulations as provided in this ch<3pter and 1MAR-10-1997 09:36 20.70.001 Sections: 20.70.001 20.70.005 20.70.010 20.70.01.5 20.70.016 20.70.020 20.70.021 20.70.022 20.70.025 20.70.030 20.70.035 20.70.001 Chapter 20.70 •YLLUP COMM.DEU.& PW 411 206 840 661.9 P.02/05 TEMPORARY USES Description and purpose. Temporary use permit required. Permitted temporary uses —Residential zones. Permitted temporary uses — C, M and PCD zones. Temporary use permit for seasonal produce stands. Temporary uses not listed. Temporary use permit for expanded recreational vehicle use. Hearing examiner review of expansion or intensification of recreational vehicle use. Special requirements — Temporary uses. ' Application procedure. Conditions and bonds. Description and purpose.. Certain uses, when active for a limited and tem- porary period of time and when properly regulated, can be compatible, or otherwise limited in impact to neighboring properties and the general commu- nity_ This chapter is intended to provide this title with the flexibility to accommodate these tempo- rary uses. (Ord. 2147 Exh. A, 1987). 20.70.005 Temporary use permit required.. Prior to the establishment of any temporary use as permitted and regulated under the provisions of this chapter, there shall be a permit for such tempo- rary use issued by the planning and community development director. (Ord. 2478 § 1, 1996; Ord. 2147 Exh. A. 1987). 20.70.010 Permitted temporary uses — Residential zones. The following temporary uses arc permitted in the RS, RM, PDR and residential use areas within the PDC zones: (1) Political campaign offices subject to not more than 120 continuous days of site occupation and operation in any one-year period; (2) Contractors offices and storage yards on the site of any active construction project: (3) Mobile home residences or trailers of secu- (Revised 5/96) 20-74 rity purposes on the site of an active construction project but for not more than a total of sic months in any one-year period; '1 (4) Garage or yard sales conducted by the occu- pants of a residential dwelling, subject to not more than 10 days of sale in any one-year period or four days of sale in any single month. Such 'sales are exempt from the permit requirements set forth in PMC 20.70.005. Garage or yard sale, which exceed these specified time limits are pkhibitcd and shall be considered violations of this title; (5) Rummage and other outdoor sales spon- sored by schools, churches or other nonprr:fit orga- nizations and sited at said school, churchor other nonresidential institutional facility, subjeh to not more than 30 days of site occupation and trperation in any one-year period; (6) Temporary stands as specified below are exempt from the permit requirements set, forth in PMC 20.70.005. but must comply with thc,require- ments of PMC 20.70.025 and the licensingrequire- ments of PMC Tide 5: (a) Temporary businesses establisher for the sale of retail products, services and food, :,' 7)ject to not more than 30 days of site occupancy and oper- ation in any one-year period on the follow :'ng spe- cifically described properties located adjacent to the Western Washington Fair: (i) All properties located north of Ninth Avenue SW and south of the dedicated imme- diately north of said Ninth Avenue SW bztwecn Meridian and Fifth Street SW, (ii) All properties located within 100 feet west of the centerline of Fifth Street SW between Ninth Avenue SW and 14th Avenue SW;: (b) Christmas trec sales lot. subject to not more than 40 days of site occupation and operation in any one-year period; and (c) Outdoor art and craft shows and exhibits, subject to not more than 30 days of displ:o y in any one-year period; (7) Temporary motor vehicle parking to serve visitors to activities conducted at the Western Washington Fair during fair events only, provided such properties are within 2,000 feet of FAIR - zoned properties. Such temporary parking; :hall be exempt from the permit requirement set forth in PMC 20.70.005; (8) Model homes and real estate offit;��- on the site of a subdivision project where less than 75 per- cent of the lots have been sold and develolcd with •MAR -10-1997 09:37 •YLLUP COMM.DEU.B. PW Puyallup Municipal Code homes, or for 18 months from the date of issuance of the permit, whichever is greater; (9) Where the use of property for temporary parking and occupancy of recreational vehicles has been clearly established prior to December 31, 1987, such use may continue, unchanged and in the previously established manner without the need to obtain a temporary use permit or other approval required by this chapter. However, such use shall not be expanded or intensified, and facilities asso- ciated with the recreational vehicle use shall not be constructed or modified in a manner requiring any government permit without first obtaining the approval of the hearing examiner as provided by PMC 20.70.021. and 20.70.022. If such enlarge- ment, intensification, construction or modification. is approved by the hearing examiner, recreational vehicle use shall thereafter be subject to the tempo- rary use permit requirements of PMC 20.70.005 and 20.70.021. (Ord. 2393 § 1, 1994; Ord. 2268 § 44, 1991; Ord. 2233 § 1, 1990; Ord. 2196 § 11, 1989; Ord. 2173 § 2, 1988; Ord. 2147 Exh. A, 1987). 20.70.015 Permitted temporary uses — C, M and PCD zones. In addition to those temporary uses specified in PMC 20.70.010, the following temporary uses are permitted in the C, M and PCD (except for residen- tial areas) zones: (1) Circuses, carnivals and similar transient amusement enterprises, subject to not more than 30 days of site occupation and operation in any one- year period; (2) Fireworks sales subject to the requirements of the standard operating procedures of the Puyal- lup fire department and a limitation for not more than 30 days of site occupation and operation in any one-year period; (3) Temporary stands as specified below are exempt from the permit requirements set forth in PMC 20.70.005. but must comply with the require- ments of PMC 20.70.025 and the licensing require- ments of PMC Title 5: (a) Temporary businesses established for the sale of retail products, services, and food, subject to not more than 30 days of site occupation and operation in any one-year period, (b) Parking lot and other outdoor sales, sub- ject to not more than 30 days of site occupation and operation in any one-year period; 20-75 4111 206 840 6678 P.03/05 20.70.021 (4) Mobile home residences or trailers for secu- rity purposes on the site of an active construction project. (Ord. 2233 § L 1990; Ord. 2147 Exh. A, 1987). 20.70.016 Temporary use permit for seasonal produce stands. A temporary use permit for seasonal produce stands may be granted upon a finding by the plan- ning director that the requested use complies with each of the following: • .. (1) All requirements of PMC 20.70.025 and the licensing requirements of PMC Title 5. (2) Operation of said stand shall be limited to within the dates of April 15th through October 15th in any given year. (3) The stand shall be located in a C zone dis- trict. (4) There shall be documentation of the prop- erty owner's authorization for such'use of the prop- erty. 0 (5) The stand's merchandise shall entirely con- sist of vegetables, fruit and other agricultural prod- ucts principally devoted to human consumption. (6) Pursuant to submittal of anadequate site plan, a determination shall be made by city staff that access to. and on. the site is properly config- ured and improved to a level adequate to accom- modate expected vehicular traffic: Ord. 2316 § 1, 1992). 20.70.020 Temporary uses not listed. The planning director may authbrize the estab- lishment of a temporary use not sp.,tzifically listed in PMC 20.70.010 and 20.70.01f; provided that such temporary use is •similar to, and no more intensive than, the temporary uses ;permitted in the relevant zone by said section. (Ord...233 § 1, 1990; Ord. 2147 Exh. A, 1987). 20.70.021 Temporary use pernst for expanded recreationrl vehicle use. (1) A temporary use permit .kr recreational vehicle use may be granted by tht i fanning direc- tor on an individual event or occ::Oian basis or on an annual basis. If an annual tempo:ary use permit is issued it shall state the specific p:riods through- out the year that temporary recreational vehicle use is allowed; however, these specific ?eriods may be revised or supplemented through application of an individual event or occasion permi;. at any time. •MAR -10-1997 09: 37 20.70.022 AlIWYALLUP COMM.DEU.a PW (2) An annual temporary use permit may spe- cifically allow for a low level of recreational vehi- cle use that can occur outside the specific periods of use identified by the permit. Such additional use shall be at a level determined by the planning director to be: (a) Purely incidental and secondary to the primary use of the property; and (b) Not disruptive to surrounding properties and uses. As a general guideline, 10 percent of design capacity may be considered a low level of use. (3) In reviewing a request for temporary use permit, the director shall consider whether the use complies with the requirements of PMC 20.70.022 and any conditions imposed by the planning com- mission. (4) Such use shall not generate a profit for the property owner or operator, or otherwise be oper- ated as a "for-profit" business. Charges may be levied or donations sought only for the purpose of offsetting utility or other direct and indirect costs associated with the recreational vehicle use. (5) No individual recreational vehicle shall be allowed to remain in temporary residential use at a specific location for more than four days, unless in conjunction with a special event, in which case the temporary residential use may extend throughout the duration of such event plus a reasonable period specified by the temporary use permit. A "special event" for the purposes of this subsection, means either a special community event, such as the annu- al Daffodil Festival, Meeker Days or the Western Washington Fair, or an event taking place on prop- erty controlled by the holder of the temporary use permit and specifically identified by the permit (6) A temporary use permit shall specify the maximum number of recreational vehicles that will be allowed to occupy the site at any time. In no case shall this number exceed the design capacity of the recreational vehicle use, as determined by the planning director. (7) An annual temporary use permit may be revoked by the planning director at any time for just cause. Revocation of an annual permit shall not prevent the subsequent issuance of individual event or occasion permits, or annual permits, pro- vided the reasons for revocation have been reme- died. (Ord. 2233 § 1, 1990; Ord. 2173 § 4, 1988). 20-76 1111 206 840 6678 P . 04/05 20.70.022 Hearing examiner review of expansion or intensification'of recreational vehicle use. • (1) Any expansion or intensification of a legal nonconforming recreational vehicle use, and any construction or modification of facilities associ- ated with such use requiring any governinent per- mit, shall be subject to the approval of the hearing examiner. The hearing examiner shall canduct a public hearing for the purpose of review of the pro- posal for compliance with the following require- ments: (a) There shall be no signs of bt+siness or advertising nature associated with the recn'ational vehicle use; (b) Appropriate sanitary waste 'disposal facilities shall be available within one-half mile of the site; (c) A mining 30 -foot -wide landscaped buffer shall be provided adjacent to any R.. i or RM zoned property: (d) All recreational vehicle spaces find asso- ciated parking spaces shall be provide•'• with a durable, dustless surface of turf, gravel, z v.phalt or similar treatment, and this surface shall be ade- quately maintained; (e) Except where fence or wall height is oth- erwise restricted, whenever a recreational vehicle use is expanded or intensified on property adjacent to a pre-existing single-family home or adjacent to RS zoned property, a six-foot masonry wall or solid fence shall be established and maintained /between the recreational vehicle use and the single-family property. Additionally, required landscaping adja- cent to this wall or fence shall include trees or other vegetation that will within five years of planting exceed the height of the fence or wall. Fc;;.- the pur- pose of this subsection, "adjacent" means that the properties share a common property line and, in the case of an existing single-family homenot within an RS zone, the single-family home is located within 50 feet of that common property line; (f) All landscaped areas shall be maintained in an attractive, healthy and growing manner. No storage or materials or parking of vehicles shall be allowed on or within required landscaped areas; (g) Within 100 feet of any RS, RM or PRD zoned property, outdoor lighting and aerial - mounted floodlighting shall be shielded from above in such a manner that the bottom edge of the shield shall be below the light source. Sail : lighting "MAR -10-1997 09:38 •YLLUP COMM.DEU.8. PW Puyallup Municipal Code shall be shielded so that the direct illumination shall be confined to the property boundaries of the light source. Ground -mounted floodlighting or light projection above the horizontal plane is pro- hibited between midnight and sunrise; (h) All electric receptacles shall be secured in such a manner as to prevent access by children or other unauthorized access. (2) In reviewing a proposal for expansion or modification, the commission shall consider any impacts on the use and enjoyment of neighboring properties and on traffic circulation and safety, and shall impose such conditions on approval as are reasonable and necessary to protect the public health. safety, comfort, convenience and general welfare. Such conditions may include, but shall not be limited to: requirements for fencing, landscap- ing and other buffering measures; access improve- ments; mitigation of light, glare and noise impacts; and participation in the improvement of off-site facilities impacted by the use. In the event that rea- sonable conditions will be insufficient to protect the public interest, the proposed expansion or improvement shall not be approved. (3) A decision by the hearing examiner to approve or not approve the expansion. intensifica- tion or modification of a legal, nonconforming rec- reational vehicle use shall be final 10 business days from the date of such decision, unless appealed under the provisions of Chapter 20.13 PMC. (Ord. 2268 § 45, 1991; Ord. 2233 § 1, 1990). 20.70.025 Special requirements — Temporary uses. The following special requirements apply to temporary uses: (1) Except as otherwise provided for in PMC Title 5, no temporary uses shall be located within any public right-of-way or upon any public prop- erty. (2) No temporary use shall be established in such a manner as to inhibit vehicle sight distance, or otherwise present a traffic or public safety haz- ard as determined by the public works director. (3) Signs of temporary uses shall comply with sign requirements specified in Chapter 20.60 PMC and shall be removed upon termination of the tem- porary use. (4) The temporary use shall be maintained in a neat and orderly condition and manner, free of debris and litter. 206 840 6678 P.05/05 20.70.035 (5) Upon termination of the temporary use, all structures, signs and other physical manifestations of the use shall be removed and the property returned or otherwise maintained in a neat and orderly condition. (6) All temporary uses engaged in the conduct of a business shall be subject to the provisions of PMC Title 5. (7) All temporary retail stands shall be subject to the following requirements: (a) No such stand shall be located within two feet of any side property line, within 10 feet of any permanent building, nor within 50:feet of any gas- oline pump. oil storage tanks, or premises where flammable liquids are kept. (b). All temporary stands shall be constructed so as not to constitute a danger, hazard or threat to public safety. (8) Temporary motor vehicle parking 'areas shall be improved with a durable;' dustless surface in accordance with the standards of the public works director. Asphaltic paving not required. Temporary uses or stands within, or adjacent to, existing improved parking areas (which already serve existing on-site uses) which. by their place- ment, occupy designated stalls, shall not cause the number of available parking spaces for said exist- ing on-site uses to fall below that minimal parking amount required by this code. (Orel 2316 § 1, 1992; Ord. 2233 § 1, 1990). 20.70.030 Application procedule. Upon application for a temporary use the plan- ning and community developmrrit director shall approve, modify or deny said application within 28 calendar days of filing. Said actiora shall be based upon the conformity of the temperary use to the provisions of this chapter. (Ord. 2478 § 1, 1996; Ord. 2233 § 1, 1990). 20.70.035 Conditions and bonds. The planning director may app';: special condi- tions to any approved temporaz-- use permit to ensure compliance with this chaptor and to ensure that such temporary use is not detrimental to neigh- boring properties and the public h:`cilth, safety and general welfare. Further, the directcar may require a cash bond be posted by the applics>dt to defray the costs of cleanup and repair of the property should the permittee fail to do same. ((.`?zed. 2233 § 1, 1990). 20-77 (Revised 5/96) TOTAL P.05 03/11/1997 7:410 hAELsurma()% I11I it 1.1.1..)1,•1,1, iiiii 1.1 i."1 /.../111/111111' 1%1141.1.4.1,1•1 / •/.:.•e 1' "IN'orhing logrtlirr 1 leelleng e ill 1 Of ./11" 206-62511W To: Org.: Fax #: Re: Date: MUNICIPAL RESE110 Fax Transmittal. Vor,, 6-/er-lo PAGE . 01 n",1.17 /47 i• From: Pages: (including this cover sheet) Comments A/Pri - ,/47,f 0,/-77 c. ev is r L/ t A yr74. OA/ ,9 J fAc.r/5" 9"/ .1 g, — Sec Sec, /$//,. "04-1 ig...,/fc. 4/ - -fec_ /2 7 5 (-) OCe./7.-• 0)" r riol 673 e...PLvcs f • Control No. Epic File No. E97-0005 Fee: N/ AReceipt No: N/ A ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Revisions to Tukwila Municipal Code (TMC) Chapter 18.70, Non -conforming uses. 2. Name of applicant: City of Tukwila, Department of Community Development Michael Jenkins, Assistant Planner 3. Address and phone number of applicant and contact person: 6300 Southcenter Blvd. Tukwila, WA 98188 (206) 431-3670 4. Date checklist prepared: March 5, 1997 5. Agency requesting checklist: City of Tukwila. 6. Proposed timing or schedule (including phasing, if applicable): Proposal will be heard at a Public Hearing before Planning Commission on March 27, 1997. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None other than this checklist. Page 1 ENVIRONMENTAL CHECKLIST • E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No 10. List any government approvals or permits that will be needed for your proposal. Approval of Land Use Permit by Planning Commission 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Section E requires a complete description of the objectives and alternates of your proposal and should not be summarized here. Project is to revise sections of TMC 18.70, non -conforming uses. Proposed revisions will establish decision criteria, pursuant to Ord 1768-1770, passed by City Council on April 1, 1996. Revisions are also proposed that will change amount of time that a non -conforming use may be retained without losing "grandfather" status and clarify regulations concerning change from one non -conforming use to another. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project will affect properties city-wide. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? Not specifically, although some properties affected by revisions may lie in Shoreline zone. Page 2 ENVIRONMENTAL CHECKLIST • • E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: N/A b. What is the steepest slope on the site (approximate percent slope)? N/A c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. N/A d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N/A e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. N/A f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. N/A About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A Page 3 • ENVIRONMENTAL CHECKLIST • E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial zvood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. N/A b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. N/A 2) Will the project requireany work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. N/A Page 4 ENVIRONMENTAL CHECKLIST E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses • • 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. N/A 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A b. Ground: 1) Will ground zvater be withdrawn, or zvill zvater be discharged to ground water? Give general description, purpose, and approximate quantities, if known. N/A 2) Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N/A 2) Could waste materials enter ground or surface waters? If so, generally describe. N/A d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N/A Page 5 ENVIRONMENTAL CHECKLIST E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses 4. Plants a. Check or circle types of vegetation found on the site: b. What kind and amount of vegetation zvill be removed or altered? N/A c. List threatened or endangered species known to be on or near the site. N/A d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N/A 5. Animals a. Circle any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds: . Mammals: Fish: Other: b. List any threatened or endangered species known to be on or near the site. N/A c. Is the site part of a migration route? If so, explain. N/A Page 6 deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation zvill be removed or altered? N/A c. List threatened or endangered species known to be on or near the site. N/A d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N/A 5. Animals a. Circle any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds: . Mammals: Fish: Other: b. List any threatened or endangered species known to be on or near the site. N/A c. Is the site part of a migration route? If so, explain. N/A Page 6 ENVIRONMENTAL CHECKLIST • E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses d. Proposed measures to preserve or enhance zvildlife, if any: N/A 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N/A 1) Describe special emergency services that might be required. N/A 2) Proposed measures to reduce or control environmental health hazards, if any: N/A b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A Page 7 ENVIRONMENTAL CHECKLIST • 1 E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses 2) What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. N/A 3) Proposed measures to reduce or control noise impacts, if any: N/A 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? N/A b. Has the site been used for agriculture? If so, describe. N/A c. Describe any structures on the site. N/A d. Will any structures be demolished? If so, what? N/A e. What is the current zoning classification of the site? N/A f. What is the current comprehensive plan designation of the site? N/A g. If applicable, zvhat is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. N/A i. Approximately how many people zvould reside or work in the completed project? N/A Page 8 ENVIRONMENTAL CHECKLIST • E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses j. Approximately how many people would the completed project displace? N/A k. Proposed measures to avoid or reduce displacement impacts, if any: N/A 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N/A 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. N/A c. Proposed measures to reduce or control housing impacts, if any: N/A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N/A b. What views in the immediate vicinity zvould be altered or obstructed? N/A c. Proposed measures to reduce or control aesthetic impacts, if any: N/A 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Page 9 ENVIRONMENTAL CHECKLIST E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses • • N/A b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A c. Wlzat existing off-site sources of light or glare may affect your proposal? N/A d. Proposed measures to reduce or control light and glare impacts, if any: N/A 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? N/A b. Would the proposed project displace any existing recreational uses? If so, describe. N/A c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. N/A b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. N/A c. Proposed measures to reduce or control impacts, if any: N/A Page 10 ENVIRONMENTAL CHECKLIST E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. N/A b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? N/A c. How many parking spaces would the completed project have? How many would the project eliminate? N/A d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). N/A e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. N/A Proposed measures to reduce or control transportation impacts, if any: N/A 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. N/A b. Proposed measures to reduce or control direct impacts on public services, if any. N/A Page 11 ENVIRONMENTAL CHECKLIST E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. N/A b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: N G -- Date Submitted: MAA--- �2, /i'17; Page 12 ENVIRONMENTAL CHECKLIST • • E97-0005/City of Tukwila Revisions to TMC 18.70, Non -conforming uses D. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the foregoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental information provided and the submitted plans, documents, supportive information, studies, etc. 1. What are the objectives of the proposal? The objective of the project is to revise portions of TMC 18.70, non -conforming uses. Proposed revisions will establish decision criteria, pursuant to Ord 1768-1770, passed by City Council on April 1, 1996, revise the length of time that non -conforming use(s) may be retained and clarify regulations concerning a change in use from one non -conforming use to another non -conforming use. 2. What are the alternative means of accomplishing these objectives? None 3. Please compare the alternative means and indicate the preferred course of action: NA 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? No. 5. Proposed measures to avoid or reduce the conflict(s) are: N/A Page 13 • p/Tooti City of Tukwila t'(7., 3 47,0005 / John W. Rants, Mayor Department of Community Development Steve Lancaster, Director TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT INTER -OFFICE MEMO TO: Planning Commission FROM: Steve Lancaster SUBJECT: Changes to Nonconforming Uses DATE: February 21, 1997 Staff recently discussed with the City Council Community Affairs and Parks Committee (CAP) some "housekeeping" amendments to several sections of the Tukwila Municipal Code (TMC). These minor amendments were made necessary due to the new zoning district designations adopted in late 1995, or the mid-1996 code changes made in response to the regulatory reform requirements of ESHB 1724. In most cases, these changes relate to references (in non -land use codes) to zoning district designations (for example, our Noise Ordinance uses the old "R-1,2,3" designations rather than the current "LDR" designation). Other cases involved clarifying that all decisions that are subject to ESHB 1724 (for example, flood control permits) be appropriately classified as a Type 1, 2, 3, 4 or 5 decision. One such housekeeping amendment involves the Zoning Code. Our current Code allows a nonconforming use to 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" (TMC 18.70.040(5)). However, nowhere in the Code does it specify what "Type" of decision this is. In order to maintain consistency within the Zoning Code, the Code could be modified to designate this a Type 3 decision, as are other Board of Adjustment (BOA) decisions. In reviewing this situation, the Community Affairs and Parks Committee expressed some concerns that go beyond a simple housekeeping "fix." The Committee questioned, as a matter of policy, whether Tukwila should be accommodating the continuation of nonconformities by allowing the conversion of one nonconforming use to another. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 • • • The Committee did not want to start from an assumption that the BOA is the appropriate decision -maker in this instance, or that it should be a type 3 decision. The appropriate decision -maker and process should be based on "what is best" rather than what has been the practice in the past, just like we did with all the other Zoning Code decisions when the Council, Planning Commission and BOA met jointly'on ESHB 1724 reforms. • The Committee questioned the provisions of the Code allowing a nonconforming use to cease operation for up to 24 months without losing its "grandfather" status (TMC 18.70.040(4)). Is this too lenient? The Committee has requested that the Planning Commission review these issues as part of any recommendation regarding "changes to nonconforming uses." Staff will brief you on this matter at your February meeting. We will then present additional background material, options and a recommendation for your consideration and public hearing at your March or April meeting. cc: Mayor Rants Community Affairs and Parks Committee members John McFarland Lucy Lauterbach