HomeMy WebLinkAboutPlanning 2012-01-26 Attachment F - Miscellaneous Code Amendments5.44.030 License - Application
A. Every person desiring to operate or have charge of a tow truck business within the City shall make a written
application to the Finance Director for a license to do so.
B. Such application shall be referred to the Planning Director for review to insure the proper location and screening
of the proposed operation as set forth in TMC Title 18Section 5.44.130.
(Ord. 2355 §16, 2011; Ord. 1482 §1 (part), 1988)
A. Premises used for central offices and /or dispatching points within the City shall be located within the areas of the
City zoned as C M industrial park, M I light industry, M 2 heavy industry, or C 2 local retail business. Any
storage yard and buildings of a towing business which are located within the City limits shall be within ar s zoned ac
MIorM2.
one of the following measures:
1. A solid evergreen planting;
(Ord. 1482 §1 (part), 1988)
8.28.180 Landscape Maintenance
In addition to the foregoing, it constitutes a nuisance for anyone to fail to maintain landscaping,
including but not limited to lawns, shrubs, trees and other plantings, whether of native growth or
domestic vegetation in commercial, manufacturing or industrial, or multiple dwelling residential
areas of the City; and it is a nuisance to fail to maintain any landscaping as designated in the
landscaping and maintenance plan required before occupancy.
(Ord. 1837 §2 (part), 1998)
8.07.040G As described in this section, the following areas are designated as drug free zones,
subject to the provisions of this_section:
1. Schools (includes 1,000 -foot buffer zone):
a Foster High School 4242 S. 144th
b Showalter Middle School 4628 S. 144th St.
c Tukwila Elementary 5939 S. 149th St.
d Cascade View Elementary 13601 - 32nd Ave. S.
e Thorndyke Elementary 4415 S. 150th St.
f Aviation High School 9229 East Marginal Way S.
g. Academy Schools /Children's Academy 14601 Interurban Ave S
2. Parks:
a Duwamish Park 42nd Ave. S. /S. 116th St.
b Pea Patch Codiga Farm, or as designated by City.
c Riverton Park 45th Ave. S. /S. 133rd St.
d 57th Avenue Park 57th Ave. S. /S. 133rd St.
e Hazelnut Park 59th Ave. S. /S. 147th St.
f Fort Dent Park Southcenter Blvd./ Interurban Ave.S.
g Tukwila Park 65th Ave. S. /S. 153rd St.
h Ikawa Park 6200 Southcenter Blvd.
i Bicentennial Park Christensen Rd. /Strander Blvd.
35
j Duwamish/Green River Trail Part of valley river trail system along shores of the
Duwamish/Green River
k Interurban Trail S. 180th to north City limits
1 Crestview Park 42nd Ave. S. /S. 162nd St.
m Crystal Springs Park 51st Ave. S. /S. 158th St.
n Joseph Foster Memorial Park 53rd Ave. S. /S. 137th St.
o Southgate Park 40th Ave. S. /S. 133rd St.
p Community Center Park 42nd Ave. S. /S. 124th
q Old Southgate School Park 41st Ave. S. /S. 131st St.
r Tukwila Pond Park S. 168th/Strander Blvd.
s Designated park trails
t Duwamish Riverbend Hill Park 3800 S 115th St
u. Macadam Wetlands Park S 144th St /Macadam Rd
3. Community Centers:
a Tukwila Community Center12424 - 42nd Ave. S.
4. Libraries:
a Tukwila Library 14475 - 59th Ave. S.
b Foster Library 4060 S. 144th
(Ord. 1808 §1, 1997; Ord. 1621 §l, 1992)
8.22.120 Variances
For variances 30 days or less, notice is not required except:
(3) In the case of residential parties and prior to granting the-any variance, the applicant shall
provide written notice to all residents within 500 feet of where the event or project is being held.
When the 500 foot radius includes multi - family complexes, all residents of the complex shall be
notified. Written notice shall be provided between ten and thirty days of the onset of activity and
shall enumerate the anticipated party hours or work schedule for the length of the project. An
affidavit of distribution shall be provided to the City.
8.45.030 Violations
E. It is unlawful to:
1. Maintain, allow, permit or fail to prevent a nuisance as defined in TMC Chapter 8.28 or as defined throughout the
Tukwila Municipal Code; and
2. Fail to comply with any applicable provisions of the Tukwila Municipal Code, including, but not limited to, the
regulations and requirements found in the following sections of the Tukwila Municipal Code, as now in effect or as
may be amended hereafter:
TMC 5.04.115 Penalties.
1 8.22.2908.22.150 Penalties.
9.32.200 Penalties.
9:444309.44090 Enforcement.
11.22.220 Violation - Penalties.
2
36
13.08.120 Enforcement.
14.06.07090 Penalties.
14.16.110 Penalty for violation.
16.04.020 (6)(d) Uniform codes adopted.
16.16.072 Parking in fire lanes prohibited.
16.52.080 Penalties for noncompliance.
16.54.3100 Penalties.
17.28.020 Penalties.
19.36.01018170 Penalty for violations.
(Ord. 1838 §2 (part), 1998)
8.25.020 Parking Limitations.
D. Approved durable uniform surfaces outside of structures on -site may cover a maximum of
1,200 square feet or 10% of the lot surface, whichever is greater. The Director of Community
Development may approve exceptions to this requirement for an access driveway particularly on
lots where there is a need for a long driveway.
E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be
approved durable uniform surface. An approved durable uniform surface exceeding this
requirement prior to August 25, 2004 may be maintained, but shall not be expanded. The
Director of Community Development may approve exceptions to this requirement for an access
driveway particularly on pie shaped or other odd shaped lots where it is infeasible to meet this
requirement.
F. Single - family properties on pre- existing, legal lots of record containing less than 6,500 square
feet are exempt from the percentages requirements of 8.25.020D and E,
(Ord 2251 §1 (part), 2009; Ord. 2056 §1 (part), 2004)
18.56.065 Residential Parking Requirements
A. Two off - street parking spaces shall be provided for each dwelling unit which contains up to
three bedrooms. One
additional off - street parking space shall be required for every two bedrooms in excess of three
bedrooms in a dwelling unit (i.e., four- and five - bedroom dwelling units shall have three offstreet
parking spaces, six- and seven - bedroom homes shall have four spaces, and so on).
B. Each unit in a townhouse development shall have an attached garage with parking for at least
one vehicle or a parking space in an underground garage.
C. The Director shall have the discretion to waive the requirement to construct a portion of the
off - street parking requirement if, based on a parking demand study, the property owner
establishes that the dwelling will be used primarily to house residents who do not and will not
drive due to a factor other than age. Such a study shall assure that ample parking is provided for
residents who can drive, guests, caregivers and other persons who work at the residence. If such
a waiver is granted, the property owner shall provide a site plan, which demonstrates that in the
event of a change of use, which eliminates the reason for the waiver, there is ample room on the
site to provide the number of off - street parking spaces required by this Code. In the event that a
3
37
change of use or type of occupant is proposed that would alter the potential number of drivers
living or working at the dwelling, the application for change of use shall be conditioned on
construction of any additional off - street parking spaces required to meet the standards of this
Code.
D. Parking in LDR zone is subject to vehicle storage and parking regulations listed under TMC
8.25
(Ord. 2199 §19, 2008; Ord. 1976 §62, 2001)
18.06.100 "Building height" means the height of a building as calculated by the method in the
Washington State Building Code, except if the slope of the subject property is 15% or more and
the subject property is zoned residential then building height shall be calculated by either option
a) or option b) listed below:
a) The grade plane shall be established from the lowest finished grade or lowest existing
grade (whichever is lower) adjoining the building at any exterior wall; or
Height Limit
38
Lowest Grade
Actual Grade is
greater than
15%
4
b) In order to allow the structures to better respond to the topography of sloping sites a
structure will be allowed to adjust the points at which height is measured. This may be
accomplished by establishing separate grade planes at intervals of least 15 feet for
different sections of the structure.
Height Lirnit
15'
Section 2
15'
Section 3
Average Grade or Lowest Grade for each section
Additionally, the city may require a topographic survey from a licensed land surveyor when the
existing grade will be disturbed to accomplish the construction or when the final height of the
new structure in the area where grade is being disturbed is within 2 feet of the allowed height
limit for the structure as measured above the existing or finished grade.
18.06.830 Tow -Truck Operations
"Tow -Truck Operations" means any dispatching points, storage yard, building, or vehicle
storage /impounding for a towing business, including tow vehicles with towed vehicles attached. Tow -
truck operations do not include central offices for phone dispatch if tow - trucks, drivers, or impounded
vehicles do not come to the office.
5
39
18.06.933 Wetland, Regulated
"Regulated wetland" means ponds or lakes 30 acres or less and those lands subject to the "wetland"
definition contained in this chapter. Wetlands 1,000 square feet and Tess that do not meet any of the criteria
of TMC 18.45.080B are not regulated.
(Ord. 2075 §1 (part), 2004; Ord. 1758 §1 (part), 1995)
• 1
"Isolated wetlands" means-those wetlands that are not hydrologically connected to, and not contiguous to
any 100 y r floodplain of a lake, river or stream, in accordance with current State and federal regulations;
and have no contiguous hydric soil and hydrophytic vegetation between the wetland and any
regulated surface water.
(Ord. 2075 §1 (part), 2004; Ord. 1758 §1 (part), 1995)
18.10.030(3)3 Accessory Uses (This same language needs to amended in the accessory
uses section in LDR, MDR, HDR, MUO, 0, RCC, NCC, RC, RCM, TUC, TVS and -ISO)
3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services
Office of Child Care PolicyEarly Learning and shall provide a safe passenger loading zone.
18.10.055 Design Review
Design review is required for all conditional uses, and unclassified uses, or non - residential
development within the shoreline jurisdiction, which involves construction of a new building; or
exterior changes, if the cost of the exterior work equals or exceeds 10% of the building's
assessed valuation. Design review is required for developments in a Commercial Redevelopment
Area that propose the uses and standards of an adjacent commercial zone as well as development
in the Urban Overlay District.
(See TMC Chapter 18.60, Board of Architectural Review.)
(Ord. 2257 §5, 2009; Ord. 2251 §13, 2009; Ord. 1865 §7, 1999)
18.45.180 Exceptions
A. REASONABLE USE EXCEPTIONS —
1. If application of TMC Chapter 18.45 would deny all reasonable use of the property containing
wetlands, watercourses or their buffers, the property owner or the proponent of a development
proposal may apply for a reasonable use exception.
2. Applications for a reasonable use exception shall be a Type 43 decision and shall be processed
pursuant to TMC Chapter 18.104.
13. If the applicant demonstrates to the satisfaction of the Planning CommissionHearing Examiner
that application of the provisions of TMC Chapter 18.45 would deny all reasonable use of the
property, development may be allowed which is consistent with the general purposes of TMC
Chapter 18.45 and the public interest.
14. The CommissionHearing Examiner, in granting approval of the reasonable use exception,
must determine that:
6
40
a. There is no feasible on -site alternative to the proposed activities, including reduction in size or
density, modifications of setbacks, buffers or other land use restrictions or requirements, phasing
of project implementation, change in timing of activities, revision of road and lot layout, and/or
related site planning that would allow a reasonable economic use with fewer adverse impacts to
the sensitive area.
b. As a result of the proposed development there will be no unreasonable threat to the public
health, safety or welfare on or off the development proposal site.
c. Alterations permitted shall be the minimum necessary to allow for reasonable use of the
property.
d. The proposed development is compatible in design, scale and use with other development with
similar site constraints in the immediate vicinity of the subject property if such similar sites exist.
e. Disturbance of sensitive areas has been minimized by locating any necessary alterations in the
buffers to the greatest extent possible.
f. The inability to derive reasonable use of the property is not the result of:
(1) a segregation or division of a larger parcel on which a reasonable use was permittable after
the effective date of Sensitive Areas Ordinance No. 1599, June 10, 1991;
(2) actions by the owner of the property (or the owner's agents, contractors or others under the
owner's control) that occurred after the effective date of the sensitive areas ordinance provisions
that prevents or interferes with the reasonable use of the property; or
(3) a violation of the sensitive areas ordinance;
g. The CommissionHearing Examiner, when approving a reasonable use exception, may impose
conditions, including but not limited to a requirement for submission and implementation of an
approved mitigation plan designed to ensure that the development:
(1) complies with the standards and policies of the sensitive areas ordinance to the extent
feasible; and
(2) does not create a risk of damage to other property or to the public health, safety and welfare.
h. Approval of a reasonable use exception shall not eliminate the need for any other permit or
approval otherwise required for a project, including but not limited to design review.
(Ord . 2301 §1 (part), 2010)
18.45.120 Areas of Potential Geologic Instability
Designation, Rating and Buffers
C. Each development proposal containing or threatened by an area of potential geologic
instability Class 2 or higher shall be subject to a geotechnical report pursuant to the requirements
of TMC Chapter 18.45.040 BC and 18.45.060. The geotechnical report shall analyze and make
recommendations on the need for and width of any setbacks or buffers necessary to achieve the
goals and requirements of TMC Chapter 18.45. Development proposals shall then include the
buffer distances as defined within the geotechnical report.
18.52.050 Landscape Plan Requirements
A. A Washington State licensed landscape architect shall prepare and stamp the landscape plans
in accordance with the standards herein. Detailed plans for landscaping and screening shall be
submitted with plans for building and site improvements. Included in the plans shall be type,
quantity, spacing and location of plants and materials, site preparation and specifications for soils
and mulches, location of all overhead and underground utilities (so as to avoid conflicts with
proposed planting locations), typical planting details and the location of irrigation systems.
7
41
B. Installation of the landscaping and screening shall be completed and a Landscaping
Declaration submitted by the owner or owner's agent prior to issuance of the certificate of
occupancy. If necessary due to weather conditions or construction scheduling the installation
may be postponed to the next planting season if approved by the Community Development
Director and stated on the building permit. A performance assurance device equal to 150% of the
cost of the labor and materials must be provided to the City before the deferral is approved. The
property owner shall keep all planting areas free of weeds and trash and replace any unhealthy or
dead plant materials for the life of the project in conformance with the intent of the approved
landscape plan and TMC 8.28.180. Any landscaping required by this chapter shall be retained
and maintained for the life of the project. Additionally, topping or removal of required trees is
prohibited. Only trees that pose a danger or are diseased shall be all allowed to be removed. Any
illegal removal of required trees shall be subject to obtaining a tree permit and replacement with
trees that meet or exceed the functional value of the removed trees.
(Ord. 2251 §49, 2009; Ord. 1971 §19, 2001;
Ord. 1872 §14 (part), 1999)
18.56.040 General Requirements
f. The Public Works Director or the Community Development DirectorPlanning Commission
may require ingress separate from an egress for smoother and safer flow of traffic.
18.56.060 Loading Space Requirements (another option is to delete this entire section- outdated
requirements)
Off - street space for standing, loading and unloading services shall be provided in such a manner
as not to obstruct freedom of traffic movement on streets or alleys. For all office, commercial,
and industrial uses, each loading space shall consist of at least a ten -foot by 30 -foot loading
space with 14 -foot height clearance for small trucks such as pickup trucks, or a12 -foot by 65 -foot
loading space with 14 -foot height clearance for large trucks, including tractor - trailer large
spaces. The prescribed number of spaces required are as follows:
Loading Space Requirements Square Feet of Gross
Floor Area (Except Basement Area)
Number of Spaces Office Buildings, Hotels, Hospitals, and Institutions
1 3,000 to 100,000
2 100,000 to 335,000
3 335,000 to 625,000
4 625,000 to 945,000
5 945,000 to 1,300,000
6 1,300,000 to 1,695,000
7 1,695,000 to 2,130,000
8 2,130,000 to 2,605,000
9 2,605,000 to 3,120,000
10 3,120,000 to 3,675,000
Number of Spaces Other Commercial and Industrial Buildings (30% minimum large
spaces)
1 Under 10,000
2 10,000 to 25,000
3 25,000 to 85,000
4 85,000 to 155,000
8
42
5 155,000 to 235,000
6 235,000 to 325,000
7 325,000 to 425,000
8 425,000 to 535,000
9 535,000 to 655,000
10 655,000 to 775,000
11 775,000 to 925,000
These requirements may be modified as a Type 14 decision, where the DirectorPlanning
Commission or, on appeal, the City Council finds that such reduction will not result in injury to
neighboring property; or obstruction of fire lanes /-er traffic and will be in harmony with the
purposes and intent of this chapter.
(Ord. 1795 §2 (part), 1997; Ord. 1770 §33, 1996; Ord. 1758 §1 (part), 1995)
18.56.120 Filing of Plans
Detailed plans of off - street parking areas, indicating the proposed development including the
location, size, shape, design, curb -cuts, adjacent streets, circulation of traffic, ingress and egress
to parking lots and other features and appurtenances of the proposed parking facility, shall be
filed with and reviewed by the DCD. The parking area shall be developed and completed to the
required standards before an occupancy permit for the building may be issued. The parking lot
layout shall be reviewed as part of the underlying land use or the construction permit.- If the
proposal includes only restriping of the parking lot and no other land use permit or other
construction permit is required then the restriping proposal shall be reviewed as a Type 2
decision process as outlined in 18.108.020.
(Ord. 1795 §2 (part), 1997; Ord. 1758 §1 (part), 1995)
18.56.130 Development Standards for Bicycle Parking
D. Process: Upon application to and review by the DirectorPlanning Commission, subject to a
Type 14 decision process outlined in TMC 18.108.0420, the bicycle parking requirements may
be modified or waived, where appropriate.
(Ord. 1795 §2 (part), 1997)
18.56.140 Administrative Variance from Parking
Standards
A. General:
1. A request for an administrative variance from required parking standards must be received
prior to any issuance of building or engineering permits. Administrative variances are only
eligible for requests for reductions of required parking between 1% and 10 %. Requests for
reductions from minimum parking standards in excess of 10% must be made to the Planning
CommissionHearing Examiner.
2. The project developer shall present all findings to the Director prior to any final approvals,
including design review, conditional use permit review, building review or any other permit
reviews required by the Director.
B. Criteria:
1. All requests for reductions in parking shall be reviewed under the criteria established in this
section.
9
43
2. In addition to the following requirements, the Director may require specific measures not
listed to ensure that
all impacts with reduced parking are mitigated. Any spillover parking which cannot be mitigated
to the satisfaction of the Director will serve as the basis for denial. A reduction may be allowed,
pursuant to either an Administrative variance or requests to the Planning Commission, after:
a. All shared parking strategies are explored.
b. On -site park and ride opportunities are fully explored.
c. The site is in compliance with the City's commute trip reduction ordinance or, if not an
affected employer
as defined by the City's ordinance, agrees to become affected.
d. The site is at least 300 feet away from a singlefamily residential zone.
e. A report is submitted providing a basis for less parking and mitigation necessary to offset any
negative effects.
C. Process:
1. An applicant shall submit evidence that decreased parking will not have a negative impact on
surrounding properties or potential future uses. This may take the form of a brief report for
administrative variances. Decreases in excess of 10% must be made to the Planning
CommissionHearing Examiner. The Director may require additional studies to ensure that
negative impacts are properly mitigated. A complete and detailed Parking Demand study is
required for requests reviewed by the Planning Commission.
2. All site characteristics should be described in report, including
a. Site accessibility for transit.
b. Site proximity to transit, with 15- to 30- minute
headways.
c. Shared use of on -site parking.
d. Shared use of off -site parking.
e. Combined on -site parking.
f. Employee density.
g. Adjacent land uses.
D. Review: Applications for Administrative Variances for reductions below minimum parking
requirements between 1% and 10% shall be processed as Type 2 decisions, pursuant to TMC
18.108.020. Applications for reductions from minimum parking requirements in excess of 10%
shall be processed as Type 34 decisions, pursuant to TMC 18.108.0430, including a hearing
before the Planning Commission Hearing Examiner.
(Ord. 1795 §2 (part), 1997)
18.60.030 Scope of Authority (This same language regarding design review in shoreline zone
needs to amended in the Design Review section in LDR, MDR, HDR, MUO, 0, RCC, NCC, RC,
RCM, TUC, TVS and TSO zones)
A. The rules and regulations of the Board of Architectural Review shall be the same as those
stated for the Planning Commission in the bylaws of the Tukwila Planning Commission.
B. The DCD Director will review projects meeting the thresholds for administrative design
review. The BAR will review all other projects requiring design review approval. The
Board and the DCD Director shall have the authority to approve, approve with conditions, or
deny all plans submitted based on a demonstration of compliance with all of the guidelines of
this chapter, as judged by the preponderance of evidence standard.
10
44
C. Design review is required for the following described land use actions:
1. All developments will be subject to design review with the following exceptions:
a. Developments exempted in the various districts;
b. Developments in LI, HI, MIC /L and MIC/H districts, except when within 300 feet of
residential districts or within 200 feet of the Green/Duwamish River or that require a
shoreline permit;
2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that
work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and
25 %, the changes will be reviewed administratively);
a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, 0, RCC,
NCC, RC, RCM, TUC and C /LI zoning districts; and
b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard
corridor (see TMC Figure 18 -9).
c. for any multi - family structures in MDR and HDR zones.
d. for all conditional or unclassified uses in the LDR zone that involve construction of a new
building or exterior repairs that exceed 10% of the assessed value of the building
3. Development applications using the procedures of 18.60.60, Commercial Redevelopment
Area.
4. Development applications using the procedures of 18.43, Urban Renewal Overlay District.
5. All projects located within the shoreline jurisdiction that involve construction of a new
building or exterior changes, if the cost of the exterior work equals or exceeds 10% of the
building's assessed valuation, except the construction of a single family house is exempt.
6. Modification of the building and /or the site if it had gone through design review within the last
10 years. Minor modifications shall be processed as administrative design review and major
modifications shall require BAR approval.
D. For development in the NCC, RC, and MUO zones within the Tukwila International
Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards
may be waived and conditioned, upon approval of plans by the BAR, in accordance with criteria
and guidelines in the Tukwila International Boulevard Design Manual, as amended. Landscaping
and setback standards may not be waived on commercial property sides adjacent to residential
districts.
E. No changes shall be made to approved designs without further BAR or Director approval and
consideration of the change in the context of the entire project; except that the Director is
authorized to approve minor, insignificant modifications which have no impact on the project
design.
(Ord. 2257 §11, 2009; Ord. 2251 §73, 2009; Ord. 2235 §15, 2009; Ord 2118 §1, 2006; Ord.
2005 §17, 2002; Ord. 1865 §50, 1999; Ord. 1758 §1 (part), 1995)
18.60.050 Design Review Criteria
C. Multi- Family, Hotel and Motel Design Review Criteria. In reviewing any multi-family
of motel; or non - residential development in Low Density Residential zone application the
following criteria shall be used by the BAR in its decision making as well as the Multi- Family
Design Manual or Townhouse Design Manual. Detached zero - lot -line type of developments shall
be subject to the Townhouse Design Manual.
11
45
1. SITE PLANNING.
a. Building siting, architecture, and landscaping shall be integrated into and blend harmoniously
with the neighborhood building scale, natural environment, and development characteristics as
envisioned in the Comprehensive Plan. For instance, a multi - family development's design need
not be harmoniously integrated with adjacent single - family structures if that existing single -
family use is designated as "Commercial" or "High- Density Residential" in the Comprehensive
Plan. However, a "Low- Density Residential" (detached single - family) designation would require
such harmonious design integration.
b. Natural features, which contribute to desirable neighborhood character, shall be preserved to
the maximum extent possible. Natural features include, but are not limited to, existing significant
trees and stands of trees, wetlands, streams, and significant topographic features.
c. The site plan shall use landscaping and building shapes to form an aesthetically pleasing and
pedestrian scale streetscape. This shall include, but not be limited to facilitating pedestrian travel
along the street, using architecture and landscaping to provide a desirable transition from
streetscape to the building, and providing an integrated linkage from pedestrian and vehicular
facilities to building entries.
d. Pedestrian and vehicular entries shall provide a high - quality visual focus using building siting,
shapes and landscaping. Such a feature establishes a physical transition between the project and
public areas, and establishes the initial sense of high quality development.
e. Vehicular circulation design shall minimize driveway intersections with the street.
f. Site perimeter design (i.e., landscaping, structures, and horizontal width) shall be coordinated
with site
development to ensure a harmonious transition between adjacent projects.
g. Varying degrees of privacy for the individual residents shall be provided; increasing from the
public right - ofway, to common areas, to individual residences. This can be accomplished
through the use of symbolic and actual physical barriers to define the degrees of privacy
appropriate to specific site area functions.
h. Parking and service areas shall be located, designed and screened to interrupt and reduce the
visual
impact of large paved areas;
i. The height, bulk, footprint and scale of each building shall be in harmony with its site and
adjacent long -term structures.
2. BUILDING DESIGN.
a. Architectural style is not restricted; evaluation of a project shall be based on the quality of its
design and its ability to harmonize building texture, shape, lines and mass with the surrounding
neighborhood.
b. Buildings shall be of appropriate height, scale, and design/shape to be in harmony with those
existing permanent neighboring developments which are consistent with, or envisioned in, the
Comprehensive Plan. This will be especially important for perimeter structures. Adjacent
structures that are not in conformance with the Comprehensive Plan should be considered to be
transitional. The degree of architectural harmony required should be consistent with the
nonconforming structure's anticipated permanence.
c. Building components, such as windows, doors, eaves, parapets, stairs and decks shall be
integrated into the overall building design. Particular emphasis shall be given to harmonious
proportions of these components with those of adjacent developments. Building components and
ancillary parts shall be consistent with the anticipated life of the structure.
12
46
d. The overall color scheme shall work to reduce building prominence and shall blend in with the
natural environment.
e. Monotony of design in single or multiple building projects shall be avoided. Variety of detail,
form, and siting shall be used to provide visual interest. Otherwise monotonous flat walls and
uniform vertical planes of individual buildings shall be broken up with building modulation,
stairs,
decks, railings, and focal entries. Multiple building developments shall use siting and additional
architectural variety to avoid inappropriate repetition of building designs and appearance to
surrounding properties.
3. LANDSCAPE AND SITE TREATMENT.
a. Existing natural topographic patterns and significant vegetation shall be reflected in project
design when they contribute to the natural beauty of the area or are important to defining
neighborhood identity or a sense of place.
b. Landscape treatment shall enhance existing natural and architectural features, help separate
public from private spaces, strengthen vistas and important views, provide shade to moderate the
affects of large paved areas, and break up visual mass.
c. Walkways, parking spaces, terraces, and other paved areas shall promote safety and provide an
inviting and stable appearance. Direct pedestrian linkages to the public street, to on -site
recreation areas, and to adjacent public recreation areas shall be provided.
d. Appropriate landscape transition to adjoining properties shall be provided.
4. MISCELLANEOUS STRUCTURES.
a. Miscellaneous structures shall be designed as an integral part of the architectural concept and
landscape. Materials shall be compatible with buildings, scale shall be appropriate, colors shall
be in harmony with buildings and surroundings, and structure proportions shall be to scale.
b. The use of walls, fencing, planting, berms, or combinations of these shall accomplish
screening of service yards and other places that tend to be unsightly. Screening shall
be effective in winter and summer.
c. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened
from view. Screening shall be designed as an integral part of the architecture (i.e., raised parapets
and fully enclosed under roof) and landscaping.
d. Exterior lighting standards and fixtures shall be of a design and size consistent with safety,
building architecture and adjacent area. Lighting shall be shielded and restrained in design with
no off -site glare spill -over. Excessive brightness and brilliant colors shall not be used unless
clearly demonstrated to be integral to building architecture.
18.12.060 Design Review
Design review is required for all new multi - family structures; mobile or manufactured home parks; and for
developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial
zone and, in the shoreline jurisdiction, new building construction or exterior changes if the cost of the exterior work
equals or exceeds 10% of the building's assessed valuation. Multi- family structures up to 1,500 square feet will be
reviewed administratively.
(See TMC Chap. 18.60, Board of Architectural Review.)
(Ord. 2251 §16, 2009; Ord. 2005 §1 2002;
Ord. 1865 §11, 1999; Ord. 1758 §1 (part), 1995)
13
47
18.14.060 Design Review
Design review is required for all multi - family structures; mobile or manufactured home parks; and for developments in
a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone and in the
shoreline jurisdiction, new building construction or exterior changes if the cost of the exterior work equals or exceeds
10% of the building's assessed valuation. Multi- family structures up to 1,500 square feet will be reviewed
administratively.
(See TMC Chapter 18.60, Board of Architectural Review.)
(Ord. 2005, §2, 2002; Ord. 1865 §15, 1999;
Ord. 1758 §1 (part), 1995)
18.16.070 Design Review
Design review is required for all projects located within the shoreline jurisdiction that involve new building
construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed
valuation, commercial structures 1,500 square feet or larger outside the shoreline jurisdiction, for all structures
containing multi - family dwellings and all structures in the Tukwila International Boulevard corridor. Commercial
structures between 1,500 and 5,000 square feet, multi - family structures up to 1,500 square feet, and all buildings up
to 1,500 square feet in the Tukwila International Boulevard corridor will be reviewed administratively. Design review is
also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000
square feet.
(See the Board of Architectural Review chapter of this title.)
(Ord. 2005 §3, 2002; Ord. 1758 §1 (part), 1995)
18.18.070 Design Review
Design review is required for all projects located within the shoreline jurisdiction that involve new building
construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed
valuation, commercial structures 1,500 sq. ft. or larger outside the shoreline jurisdiction. Commercial structures
between 1,500 and 5,000 square feet will be reviewed administratively. Design review is also required for certain
exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet.
(See the Board of Architectural Review chapter of this title.)
(Ord. 2005 §4, 2002; Ord. 1758 §1 (part), 1995)
18.20.070 Design Review
Design review is required for all commercial and multifamily structures and all projects located within the shoreline
jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or
exceeds 10% of the building's assessed valuation. Commercial and multi - family structures up to 1,500 square feet
will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions,
alterations or improvements to buildings over 10,000 square feet.
(See Board of Architectural Review chapter of this title.)
(Ord. 2005 §5, 2002; Ord. 1758 §1 (part), 1995)
18.22.070 Design Review
Design review is required for all commercial and for all multi - family structures and all projects located within the
shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes
equals or exceeds 10% of the building's assessed valuation. Commercial and multi - family structures up to 1,500
square feet will be reviewed administratively. Design review is also required for certain exterior repairs,
14
48
reconstructions, alterations or improvements to buildings over 10,000 square feet or in the Tukwila International
Boulevard corridor.
(See the Board of Architectural Review chapter of this title.)
(Ord. 2005 §6, 2002; Ord. 1758 §1 (part), 1995)
18.24.070 Design Review
Design review is required for all projects located within the shoreline jurisdiction that involve new building
construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed
valuation, and all hotels and motels and for other commercial structures 1,500 square feet or larger outside the
shoreline jurisdiction. Outside of the Tukwila International Boulevard corridor, commercial structures between 1,500
and 5,000 square feet and multi - family structures up to 1,500 square feet will be reviewed administratively. Within the
Tukwila International Boulevard corridor (see TMC Figure 18 -9), design review is required for all new development as
well as certain exterior repairs, reconstructions, alterations or improvements. Commercial and multi - family structures
up to 1,500 square feet will be reviewed administratively.
(Details on design review are found in Chapter 18.60, Board of Architectural Review.)
(Ord. 2005 §7, 2002; Ord. 1865 §30, 1999;
Ord. 1758 §1 (part), 1995)
18.26.070 Design Review
Design review is required for all projects located within the shoreline jurisdiction that involve new building
construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed
valuation, and commercial structures 1,500 square feet or larger and for all structures containing multi - family
dwellings outside the shoreline jurisdiction. Commercial structures between 1,500 and 5,000 square feet and multi-
family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain
exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet.
(See the Board of Architectural Review chapter of this title.)
(Ord. 2005 §8, 2002; Ord. 1758 §1 (part), 1995)
18.28.070 Design Review
Design review is required for all projects located within the shoreline jurisdiction that involve new building
construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed
valuation, and all commercial structures larger than 1,500 square feet, and for all structures containing multi - family
development outside the shoreline jurisdiction. Commercial structures between 1,500 and 2,500 square feet and
multi - family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for
certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet.
(See Board of Architectural Review chapter of this title.)
(Ord. 2084 §2 (part), 2005
18.30.070 Design Review
Design review is required for new developments within 300 feet of residential districts, all projects located within the
shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes
equals or exceeds 10% of the building's assessed valuation, : • •• 1 ! . • - - - - • ! . . ••• • . - , :r for
developments larger than 1,500 square feet outside the shoreline jurisdiction. Commercial structures between 1,500
and 10,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs,
reconstructions, alterations or improvements to buildings over 10,000 square feet.
(Ord. 2005 §10, 2002; Ord. 1758 §1 (part), 1995)
15
49
18.32.070 Design Review
Administrative design review is required for all projects located within the shoreline jurisdiction that involve new
building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's
assessed valuation, or new developments within 300 feet of residential districts.
River.
(Ord. 2005 §11, 2002; Ord. 1758 §1 (part), 1995)
•
18.34.070 Design Review
Administrative design review is required for all projects located within the shoreline jurisdiction that involve new
building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's
assessed valuation. or new developments within 300 feet of residential districts or within 200 feet of the
Green /Duwamish River. Administrative design review is also required for new developments over 45 feet in height
outside the shoreline jurisdiction
(Ord. 2005 §12, 2002; Ord. 1793 §1, 1997; Ord. 1758 §1 (part), 1995)
18.36.070 Design Review
Administrative design review is required for all new office development and other new developments within 300 feet
of residential districts or all projects located within the shoreline jurisdiction that involve new building construction or
exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuationw+th-in
(Ord. 2335 §5, 2011; Ord. 2005 §13, 2002; Ord. 1758 §1 (part), 1995)
18.38.070 Design Review
Administrative design review is required for all new office development and other developments within 300 feet of
residential districts or all projects located within the shoreline jurisdiction that involve new building construction or
exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuationwithin
(Ord. 2335 §9, 2011; Ord. 2005 §14, 2002; Ord. 1758 §1 (part), 1995)
18.40.070 Design Review
Design review is required for new development within 300 feet of residential districts; or all projects located within the
shoreline jurisdiction that involve new building construction or exterior changes if the cost of the within 200 feet of the
; for developments larger than 1,500 sq. ft. and for all multi - family developments outside the
shoreline jurisdiction. Commercial structures between 1,500 and 10,000 square feet and multi - family structures up to
1,500 square feet will be reviewed administratively.
(Ord. 2005 §15, 2002; Ord. 1758 §1 (part), 1995)
18.66.120 Expansion of Existing Unclassified Use - Animal Rendering Facilities
In addition to the structures permitted pursuant to TMC 18.66.110, existing animal rendering
facilities shall be allowed to construct new facilities to update and/or modernize such use without
needing to obtain a new or revised unclassified use permit if such construction involves an
intensification of the permitted existing facility. For purposes of this section, "facilities" shall
refer to all structures, including tanks, processing equipment, buildings and other improvements
16
50
used in the rendering operation, and "intensification" shall mean new construction shall meet all
of the requirements below. Any proposed new construction which fails to meet one or more of
the requirements of intensification shall be considered an enlargement or expansion, and shall
require an application for a new or revised unclassified use permit for the facilities which
constitute the enlargement or expansion:
1. The construction of new facilities shall be considered an intensification and may be permitted
without the need to obtain an Unclassified Use Permit (UUP) if:
a. The total area of the site is not increased.
b. The construction of new facilities does not generate more than ten new vehicle trips at peak
hour, as determined pursuant to TMC Chapter 9.48, related to traffic concurrency.
c. No new facilities are located in the shoreline bufferRiver Environment or Low Impact portion
of the Shorclinc.
d. The new facilities will comply with the performance standards set forth in TMC 18.66.130.
e. The construction of new manufacturing facilities does not result in more than a 5% cumulative
increase in the manufacturing capacity of the processing facility.
f. The construction will not increase the extent of any nonconformity of any structure by reason
of its height, bulk or setbacks.
18.104.010 Classification of Project Permit Applications
Project permit decisions are classified into five types, based on the degree of discretion
associated with each decision, as set forth in this section. Procedures for the five different types
are distinguished according to who makes the decision, whether public notice is required,
whether a public meeting and/or a public hearing is required before a decision is made, and
whether administrative appeals are provided.
1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will
hold a closed record appeal hearing based on the information presented to the City administrator
who made the decision. Public notice is not required for Type 1 decisions or for the appeals of
those decisions.
17
51
TYPE 1 DECISIONS
TYPE OF PERMIT
DECISION
MAKER
Administrative Variance for
Noise — 30 days or less (TMC
8.22.120)
Community
Development
Director
Any land use permit or approval
issued by the City, unless
specifically categorized as a
Type 2, 3, 4, or 5 decision by
this Chapter
As specified by
ordinance
Boundary Line Adjustment,
including Lot Consolidation
(TMC Chapter 17.08)
Community
Development
Director
Development Permit
Building
Official
Minor modification to design
review approval (TMC
18.60.030)
Community
Development
Director
Minor Modification to PRD
(TMC 18.46.130)
Community
Development
Director
Sign Permit, except for those
sign permits specifically
requiring approval of the
Planning Commission, or
denials of sign permits that are
appealable
Community
Development
Director
Tree Permit (TMC 18.54)
Community
Development
Director
Wireless Communication
Facility, Minor (TMC 18.58)
Community
Development
Director
2. TYPE 2 DECISIONS are decisions which are initially made by the Director or, in
certain cases, other City administrators or committees, but which are subject to an open record
appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline
permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58.
18
52
TYPE 2 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BOD`
(open record
appeal)
Administrative
Design Review
(TMC 18.60.030)
Community
Development
Director
Board of
Architectura
1 Review
Administrative
Planned Residential
Development
(TMC 18.46.110)
Short Plat
Committee
Hearing
Examiner
Administrative
Variance for Noise —
31 -60 days (TMC
Section 8.22.120)
Community
Development
Director
Hearing
Examiner
Binding Site
Improvement Plan
(TMC Chap.17.16)
Short Plat
Committee
Hearing
Examiner
Cargo Container
Placement
(TMC 18.50.060)
Community
Development
Director
Hearing
Examiner
Code Interpretation
(TMC 18.90.010)
Community
Development
Director
Hearing
Examiner
Exception from
Single- Family
Design Standard
(TMC 18.50.050)
Community
Development
Director
Hearing
Examiner
Modification to
Development
Standards (TMC
18.41.100)
Community
Development
Director
Hearing
Examiner
Parking standard for
use not specified
(TMC 18.56.100)
and modifications to
Community
Development
Director
Hearing
Examiner
certain parking
standards (TMC
18.56.065, .070,
.120)
Sensitive Areas
(except Reasonable
Use Exception)
(TMC 18.45)
Community
Development
Director
Hearing
Examiner
19
53
Shoreline Substantial
Development Permit
(TMC Chapter
18.44)
Community
Development
Director
State
Shorelines
Hearings Bd
Shoreline tree permit
Community
Hearing
Development
Examiner
Director
Short Plat
(TMC 17.12)
Short Plat
Committee
Hearing
Examiner
Sign Arca Incrcasc
19.32.140)
Community
Development
Director
Hearing
Examiner
(TMC
Sign Permit Denial
Community
Develepment
Director
Hearing
Chapter
Examiner
(TMC
x-9 2)
Special Permission
Parking,
Community
Development
Director
Hearing
Examiner
and
Modifications to
Certain Parking
Standards
(TMC
18.56.065
and .070)
Special Permission
Sign, "unique
Community
Development
Director
Hearing
Examiner
except
sign" (various
TMC
sections of
Title 19)
Wireless
Communication
Facility, Minor
(TMC 18.58)
Community
Development
Director
Hearing
Examiner
3. TYPE 3 DECISIONS are quasi - judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances and shoreline conditional uses that may be appealed to the State
Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 3 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL
BODY
(closed
record
appeal)
Resolve uncertain
zone district
boundary
Hearing
Examiner
Superior
Court
20
54
Variance (zoning,
shoreline, sidewalk,
land alteration, sign)
Hearing
Examiner
Superior
Court
TSO Special
Permission Use
(TMC Section
18.41.060)
Hearing
Examiner
Superior
Court
Conditional Use
Permit
Hearing
Examiner
Superior
Court
Modifications to
Certain Parking
Standards (TMC
Chapter 18.56)
Hearing
Examiner
Superior
Court
Reasonable Use
Exceptions under
Sensitive Areas
Ordinance (TMC
Section 18.45.180)
Hearing
Examiner
Superior
Court
Variance for Noise
in excess of 60 days
(TMC Section
8.22.120)
Hearing
Examiner
Superior
Court
Variance from
Parking Standards
over 10% (TMC
Section 18.56.140)
Hearing
Examiner
Superior
Court
Shoreline
Conditional Use
Planning
Commission
State
Shorelines
Hearings
Beier
Permit
(TMC
Section 18.44.050)
Subdivision -
Preliminary Plat
with no associated
Design Review
application
(TMC Section
17.14.020)
Hearing
Examiner
Superior
Court
Wireless
Communication
Facility, Major or
Waiver Request
(TMC Chapter
18.58)
Hearing
Examiner
Superior
Court
4. TYPE 4 DECISIONS are quasi - judicial decisions made by the Board of Architectural
Review or the Planning Commission, following an open record hearing. Type 4 decisions may
21
55
be appealed to the Hearing Examiner based on the record established by the Board of
Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that
are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 4 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL
BODY
(closed
record
appeal)
Public Hearing
Design Review
(TMC Chap. 18.60)
Board of
Architectural
Review
Hearing
Examiner
Subdivision -
Preliminary Plat
with an associated
Design Review
application
(TMC 17.14.020)
Planning
Commission
Hearing
Examiner
Shoreline
Planning
State
Conditional Use
Commission
Shorelines
Permit (TMC
Hearings
Section 18.44.050)
Board
Unique Signs
19.28.010)
Planning
Hearing
Examiner
Commission
(TMC
5. TYPE 5 DECISIONS are quasi - judicial decisions made by the Hearing Examiner or
City Council following an open record hearing. Type 5 decisions may be appealed only to
Superior Court.
TYPE 5 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL
BODY
(closed
record
appeal)
Planned Residential
Development
(PRD), including
Major Modifications
(TMC Chap. 18.46)
City
Council
Superior
Court
Rezone along with
City
Council
Superior
Court
an accompanying
Comprehensive Plan
map change(TMC
Chapter 18.84)
22
56
Sensitive Area
Master Plan Overlay
(TMC 18.45.160)
City
Council
Superior
Court
Shoreline
Environment Re-
designation
(Shoreline Master
Program)
City
Council
Superior
Court
Subdivision - Final
Plat
(TMC 17.12.030)
City
Council
Superior
Court
Unclassified Use
(TMC Chapter
18.66)
City
Council
Superior
Court
(Ord. 2294 § 1 2010; Ord. 2251 §75, 2009;
Ord. 2235 § 19, 2009; Ord. 2135 §19, 2006;
Ord. 2119 §1, 2006)
18.104.170 Notice of Decision
A. The Department shall provide written notice in a timely manner of the final decision on permits requiring
Type 2, 3, 4 and 5 decisions and on permits requiring Type 1 decisions which require SEPA review. Such notice
shall identify the threshold determination, if any, and the procedures for administrative appeals, if any. Notice shall
1 be delivered by first class mail or email or in person to the applicant, to the Department of Ecology and to agencies
with jurisdiction, and to all parties of record.
B. Notices of Decision for Shoreline Substantial Development permits shall also comply with the requirements
of RCW 90.58.
(Ord. 1768 §2 (part), 1996)
18.120.050 Review and Application Process
A. Limited time frame to apply. When the Director of DCD selects an application as outlined in
TMC 18.120.030, the project proponent must apply within one year for the appropriate
decision(s) or the selection will become null and void.
B. Type of Application. Decision types are described in the Permit Application Types and
Procedures Chapter of the Tukwila Zoning Code (TMC 18.104). In all cases, design review
is required and shall be consolidated per "Consolidation of Permit Applications" in the Permit
Application Types and Procedures Chapter (TMC 18.104.030).The type of landuse application
shall be determined pursuant to the permit types and thresholds listed under TMC 18.104.010
1. If less than four additional lots are proposed, then a Type 2 decision shall be followed;
2. If between 5 and 9 additional lots are proposed or a project is to be a condominium, then a
3. If more than 9 additional lots are proposed, then a Type 5 decision shall be followed.
23
57
21.04.210 Public notice - Procedure
A. Whenever public notice is required, the City shall follow the procedures set forth in this
section.
B. Public notice will be given in the following situations:
1. When the City issues the following Determinations of Non - Significance (DNS):
a. DNS involving another agency with jurisdiction,
b. DNS involving the demolition of any structure or facility not exempted by WAC 197 -11-
800(2) (f) or 197 -11 -880,
c. DNS involving the issuance of a clearing or grading permit not exempted by WAC 197 -11-
800 through197 -11 -890,
d. DNS issued following a request for early notice pursuant to WAC 197 -11- 350(2),
e. Mitigated DNS issued pursuant to WAC197 -11- 350(3),
f. DNS issued following the withdrawal of a DS pursuant to WAC 197 -11- 360(4);
2. When the City issues a Determination of Significance to commence scoping;
3. When a draft EIS (DEIS) is available for public comment;
4. Whenever the City holds a public hearing pursuant to WAC 197 -11 -535, provided that if the
project requires a Type 3, 4 or 5 decision, such hearing shall be consolidated with the public
hearing on the merits of the project;
5. Whenever the responsible official determines that public notice is required.
C. The City shall give public notice by using the public notice procedures set forth in TMC
18.104.110 and .120.. -at the time the application is determined complete. The notice of decision
shall be emailed or mailed to the applicant, parties of record and the agencies with jurisdiction
for the projects listed under subsection B above.
D. Notice of public hearings on non - project proposals shall be published in a newspaper of
general circulation in the City.
E. The City may require an applicant to compensate the City for the costs of compliance with the
public notice requirements for the applicant's proposal and/or provide services and
materials to assist.
(Ord. 1770 §84, 1996; Ord. 1344 §10, 1985;
Ord. 1331 §19, 1984)
24
58