HomeMy WebLinkAboutReg 2021-09-20 Item 7D - Ordinance - Amendments Relating to Emergency, Supportive and Transitional Housing to Comply with Engrossed Second Substitute House Bill 1220COUNCIL AGENDA SYNOPSIS
Initials
fleeting Date
Prepared Ig
Mayor'r review
Council review
9/13/21
NG
9/20/21
NG
ITEM INFORMATION
ITEM No.
7.D.
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 9/13/21
AGENDA ITEM TITLE Zoning Code Amendments for HB 1220 Compliance
CATEGORY ❑ Discussion
Mtg Date
['Motion
Mtg Date
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 9/20/21
❑ Bid Award
Mtg Date
® Public Hearing
Mtg Date 9/13/21
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
The recently enacted State law HB 1220 requirescitiestopermitindoor emergency
shelters, indoor emergency housing, permanent supportive housing and transitional
housing in specific zones. Cities may enact local regulations controlling occupancy, spacing,
and intensity of use. The Council is being asked to consider and approve the proposed
ordinance.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: 6/7/21, 8/16/21
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
9/13/21
9/20/21
MTG. DATE
ATTACHMENTS
9/13/21
Informational Memorandum dated 8/10/21 (updated 8/31/21)
A. Excerpt of Zoning Code Use Table
B. Ordinance in Draft Form
C. List of King CountyShelters and Transitional/Supportive Housing
D. Minutes from the Planning Commission hearing of 7/22/21
Minutes from the Planning and Community Development Committee meeting of 8/16/21
9/20/21
Final Ordinance
289
290
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE (TMC) TITLE 18 TO COMPLY WITH ENGROSSED SECOND
SUBSTITUTE HOUSE BILL 1220; ADDING DEFINITIONS,
ALLOWED LOCATIONS, AND CRITERIA FOR VARIOUS TYPES
OF EMERGENCY, SUPPORTIVE AND TRANSITIONAL HOUSING;
AMENDING ORDINANCE NO. 1976, AS CODIFIED AT TMC
CHAPTER 18.06; AMENDING TABLE 18-6, "LAND USES
ALLOWED BY DISTRICT;" PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in July 2021 the Washington State Legislature enacted House Bill 1220,
supporting emergency shelters and housing through local planning and development
regulations with an effective date of July 25, 2021; and
WHEREAS, Section 3 of HB 1220 contains the following preemption of local zoning
authority:
A code city shall not prohibit transitional housing or permanent supportive
housing in any zones in which residential dwelling units or hotels are
allowed. Effective September 30, 2021, a code city shall not prohibit
indoor emergency shelters and indoor emergency housing in any zones
in which hotels are allowed, except in such cities that have adopted an
ordinance authorizing indoor emergency shelters and indoor emergency
housing in a majority of zones within a one -mile proximity to transit.; and
WHEREAS, the City of Tukwila's municipal code currently contains limited
regulations related to the types of housing and shelter activities established in HB 1220;
and
WHEREAS, the bill does permit cities to impose reasonable occupancy, spacing, and
intensity of use requirements on permanent supportive housing, transitional housing,
indoor emergency housing, and indoor emergency shelters to protect public health and
safety; and
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WHEREAS, the City Council desires to develop reasonable occupancy, spacing, and
intensity of use requirements for these types of housing to protect public health and safety
so long as the conditions do not prevent the siting of a sufficient number of facilities to
accommodate the City's projected needs; and
WHEREAS, on July 6, 2021, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non -Significance on the proposed
amendments; and
WHEREAS, no comments were received on the City's Determination of Non -
Significance on the proposed amendments; and
WHEREAS, on July 22, 2021, the Tukwila Planning Commission, following adequate
public notice, held a public hearing to receive testimony concerning amending the Tukwila
Municipal Code and at that meeting adopted a motion recommending the proposed
changes; and
WHEREAS, on July 29, 2021, the City was informed by the Washington State
Department of Commerce that it had met the Growth Management Act notice
requirements under RCW 36.70A.106; and
WHEREAS, on September 13, 2021, the Tukwila City Council, following adequate
public notice, held a public hearing to receive testimony concerning the recommendations
of the Planning Commission; and
WHEREAS, based on careful consideration of the facts and law including, without
limitation, the public testimony received, the Planning Commission's recommendation
dated July 22, 2021 and the Staff Report dated August 10, 2021, the City Council finds
that the proposed amendments attached and incorporated herein should be approved as
presented;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. The Tukwila City Council finds as follows:
A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B. The amendments that are established below comply with the requirements of the
Washington State Growth Management Act and the City of Tukwila's Municipal Code.
Section 2. TMC Section Adopted. A new section is hereby added to Tukwila
Municipal Code (TMC) Chapter 18.06, "Definitions," as follows:
Emergency Housing
"Emergency housing" shall have the meaning listed in RCW 36.70A.030.
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Section 3. TMC Section Adopted. A new section is hereby added to TMC Chapter
18.06, "Definitions," as follows:
Emergency Shelter
"Emergency shelter" shall have the meaning listed in RCW 36.70A.030.
Section 4. TMC Section Adopted. A new section is hereby added to TMC Chapter
18.06, "Definitions," as follows:
Permanent Supportive Housing
"Permanent supportive housing" shall have the meaning listed in RCW 36.70A.030.
Section 5. TMC Section Adopted. A new section is hereby added to TMC Chapter
18.06, "Definitions," as follows:
Transitional Housing
"Transitional housing" means a facility that provides housing, case management, and
supportive services to homeless persons or families and that has as its purpose
facilitating the movement of homeless persons and families into independent living.
Section 6. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1976 §16,
as currently codified at TMC Section 18.06.743, "Shelter," or as hereafter re -numbered, is
hereby amended to read as follows:
18.06.743 Domestic Shelter
"Domestic Shelter" means a one- or two -unit residential building providing housing
on a short-term basis for victims of abuse and their dependents (children under the age
of 18).
Section 7. Regulations Established. TMC Section 18.50.250, "Emergency Housing
and Emergency Shelter Criteria," is hereby established to read as follows:
18.50.250 Emergency Housing and Emergency Shelter Criteria
Emergency housing and emergency shelter facilities are allowed subject to the
following criteria:
1. It must be a 24 -hour -a -day facility where beds or rooms are assigned to
specific residents for the duration of their stay.
2. On-site services such as laundry, hygiene, meals, case management, and
social programs are limited to the residents of the facility and not available for drop-in use
by non-residents.
3. The facility must be located within a half mile walking distance of a bus or rail
transit stop.
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4. Facilities must be at least a half mile from any other emergency housing or
emergency shelter, calculated as a radius from the property lines of the site. This
distance may be reduced upon the applicant submitting documentation that there is a
barrier such as a river or freeway preventing access between the facilities, and the path
of travel between them on public roads or trails is at least half a mile.
5. The maximum number of residents in a facility is limited to the general
capacity of the building but in no case more than 45.
6. Buildings must have secure entrances staffed 24/7, with individual units only
accessible through interior corridors.
Section 8. Regulations Established. TMC Section 18.50.260, "Permanent
Supportive Housing and Transitional Housing Criteria," is hereby established to read as
follows:
18.50.260 Permanent Supportive Housing and Transitional Housing Criteria
Permanent supportive housing and transitional housing facilities are allowed subject
to the following criteria:
1. On-site services such as laundry, hygiene, meals, case management, and
social programs are limited to the residents of the facility and not available for drop-in use
by non-residents.
2. The facility must be located within a half mile walking distance of a bus or rail
transit stop.
3. Facilities must be at least a half mile from any other permanent supportive
housing or transitional housing, calculated as a radius from the property lines of the site.
This distance may be reduced upon the applicant submitting documentation that there is
a barrier such as a river or freeway preventing access between the facilities, and the path
of travel between them on public roads or trails is at least half a mile.
4. The maximum number of residents in a facility is limited to the general
capacity of the building but in no case more than 15 in LDR, 30 in MDR, and 45 in HDR
or other zones.
5. Buildings must have secure entrances staffed 24/7, with individual units only
accessible through interior corridors.
Section 9. Regulations Established. TMC Section 18.50.270, "Memorandum of
Agreement for Emergency Housing, Emergency Shelter, Permanent Supportive Housing or
Transitional Housing," is hereby established to read as follows:
18.50.270 Memorandum of Agreement for Emergency Housing, Emergency
Shelter, Permanent Supportive Housing or Transitional Housing
Prior to the start of operation, the City and facility operator shall develop and execute
a Memorandum of Agreement containing, at a minimum, the following items:
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1. A Good Neighbor Agreement addressing the following items:
a. Quiet hours,
b. Smoking areas,
c. Security procedures,
d. Litter, and
e. Adequacy of landscaping and screening.
2. A Code of Conduct establishing a set of standards and expectations that
residents must agree to follow.
3. A parking plan approved by the City showing that the facility has adequate
parking to meet the expected demand from residents, staff, service providers and visitors.
Residents may not park off-site and all vehicles must be operational.
4. A coordination plan with both the Police and Fire Departments, including
protocols for response to the facility and to facility residents throughout the City and a
maximum number of responses threshold for law enforcement services as established by
calls for services in TMC Sections 5.60.040 through 5.60.060. If calls for law enforcement
services exceed the agreed upon threshold in any given quarter, the facility operator will
work with the City to reduce calls below the threshold level.
5. A requirement to provide regular reports to the City's Human Services
Program Coordinator on how facilities are meeting performance metrics such as
placement of residents into permanent housing or addiction treatment programs.
Section 10. Table 18-6, "Land Uses Allowed by District," Amended. "Tablel8-6:
Land Uses Allowed by District," as codified in Tukwila Municipal Code Title 18, is hereby
amended to add four additional uses and modify the name of one existing use ("Shelter")
as set forth below. The amended Tablel8-6 is attached as Exhibit A.
Exhibit A — Table 18-6: Land Uses Allowed by District
See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline.
For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18.10), the uses and development standards of
the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060
P = Permitted outright; A = Accessory (customarily appurtenant and
Incidental to a permitted use) ;
C=Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
78.66); 5 = Special Permission (Administrative approval by the Director)
UM
NPR
HOR
MUO
O
KC
NCC
RC
NCM
CA.I
u
H
MCA
M
TSO
Domestic Shelter
P
P
P
PP
Emergency Housing
P38
P38
P38
P38
P38
P38
P38
P38
P38
Emergency Shelter
P38
P38
P38
P38
P38
P38
P38
P38
P38
Permanent Supportive Housing
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
Transitional Housing
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
38. Subject to the criteria and conditions at TMC Sections 18.50.250 and 18.50.270.
39. Subject to the criteria and conditions at TMC Sections 18.50.260 and 18.50.270.
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Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 12. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 13. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2021.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Exhibit A, Table 18-6: "Land Uses Allowed by District"
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Exhibit A — Table 18-6: Land Uses Allowed by District
See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline.
For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of
the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U= Unclassified (subject to TMC
18.66); S =Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
TV5
TSO
PRO
Adult day care
A
A
A
A
A
A
A
P
Adult entertainment (subject to location restrictions1)
P
P
P
P
P
P
P
Airports, landing fields and heliports (except emergency sites)
U
U
U
U
U
U
U
Amusement Parks
C
C
C
C
C
C
P
Animal rendering
U
P
Animal shelters and kennels, subject to additional State and local
regulations (less than 4 cats/dogs = no permit)
C
C
C
C
C
C
Animal Veterinary, including associated temporary indoor boarding;
access to an arterial required
P
P
P
P
P
P
P
P
P
P
Automobile, recreational vehicles or travel trailer or used car sales lots2
P33
P
P
P
P
P
P
Automotive services, gas (outside pumps allowed), washing, body and
engine repair shops (enclosed within a building), and alternate fueling
station (not wholesale distribution facilities).
P34
P34
P
P
P
P
P
P
P
P
Beauty or barber shops
P
P
P
P
P
P
P
P
P
C3
C4
P
P
Bed and breakfast lodging for not more than twelve guests5
C
C
C
Bed and breakfast lodging (no size limit specified)
C
P
Bicycle repair shops
P
P
P
P
P
P
P
P
P
P
P
P
P
Billiard or pool rooms
P
A
P
P
P
P
P
P
P
Boarding Homes
C
C
Brew Pubs
P
P
C
P
P
P
P
P
P
P
P
P
P
Bus stations
P
P
P
P
P
P
P
P
P
P
Cabinet shops or carpenter shops employing less than five people
P
P
P
P
P
P
P
P
Cargo containers (*see also TMC 18.50.060)
A&S
A&S
A&S
A&S
A&S
A&S
P
P
P
P
P
Cement manufacturing
U
U
U
U
U
U
Cemeteries and crematories
C
C
C
C
C
C
C
C
C
C
C
C
Adopted 2016 — Ordinance No. 2500
Last Amended 2020 — Ordinance No. 2646
Page 1
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
TVS
TSO
PRO
Colleges and universities
C
C
C
C
C
C
C
C
C6
C6
C6
P
Commercial laundries
p
p
p
p
p
p
p
Commercial Parking (Commercial parking is a use of land or structure for
the parking of motor vehicles as a commercial enterprise for which hourly,
daily, or weekly fees are charged. TMC Section 18.06.613)
P7
P7
P7
P7
P7
P8
P8
P8
Computer software development and similar uses
P
P
P
P
P
P
P
P
P
P90
P
P
P
Contractor storage yards
P
P
P
P
P
P
Continuing care retirement facility
C
C
C
C
C
C
C
P
Convalescent & nursing homes & assisted living facilityfor not more
than twelve patients
C
P
P
P
C
P
P
P
P
P
P
Convalescent & nursing homes & assisted living facility for more than
twelve patients
C
C
C
C
C
C
C
P
Convention facilities
P
P
P
P
P
P
P
Correctional institutes
U11
U
U
U
Daycare Centers (not home-based)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Daycare FamilyHome(FamilyChildCare Home)12
A
A
A
A
A
A
A
A
A
A
A
Diversion facilities and diversion interim services facilities south of
Strander Blvd
U
Domestic Shelter
P
P
P
P
P
Dormitory
C
C
C
A13
A13
A13
A13
A13
A13
A13
A13
A13
A13
A13
Drive-in theatres
C
C
C
C
C
C
Dwelling — Detached single family (Includes site built, modular home or
new manufactured home). One detached single family dwelling per
existing lot permitted in MUO, 0, RCC, NCC, TVS.
P
P
P
P
P
P
P
P
P14
Dwelling- Detached Zero -Lot Line Units
P
Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units
P
P14
Dwelling- Townhouses
P
P14
Dwelling—Multi-family
P
P15
P14
Dwelling— Multi -family units above office and retail uses
P
P
P
P
22/ac
P14
Dwelling—Senior citizen housing, including assisted living facility for seniors
*see purpose section of chapter, uses sections, and development standards
P
meeting
densityand
all other
MDR
standards
P
60/ac
P60/
60/ac
P
ac
P
60/ac
P
60/ac
C16
100/
ac
P14
Dwelling unit—Accessory11
A
A
A
Page 2
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C= Conditional (subject to TMC 18.64); U = Unclassified (subjectto TMC
18.66); S = Special Permission (Administrative a pprcua I by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
G/LI
LI
HI
MIC/L
MIC/H
NS
TSO
PRO
Electrical Substation — Distribution
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Electrical Substation —Transmission/Switching
U
U
U
U
Electric Vehicle Charging Station — Level land Level 2
A
A
A
P
P
P
P
P
P
P
P
P
P
P
P
P
Electric Vehicle Charging Station— Level 3, battery exchange stations, and
rapid charging stations. (TMC 18.50.140)
A
A
A
A
A
A
P
P
P
P
P
P
P
P
P
P
Emergency Housing
P38
P38
P38
P38
P38
P38
P38
P38
P38
Emergency Shelter
P38
P38
P38
P38
P38
P38
P38
P38
P38
Essential public facilities, except those uses listed separately in any of the
other zones
U
U
U
U
U
U
U
U
U
Extended -stay hotel
P35
P
P
P
P
P
P
Farming and farm -related activities
p
p
Financial, banking, mortgage, other services
P
P
P36
P36
P
P
P
P
C3
C4
P
P
Fire & Police Stations
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Fix -it, radio or television repair shops/rental shops
P
P
P
P
P
P
P
P
P
Fraternal organizations
P
P
C
P
P
P
P
P
P
P
P
Frozen food lockers for individual or family use
P
P
P
P
P
P
P
P
Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as
residence and is subject to the regulations affecting the main building.
A
A
Greenhouses (noncommercial) and storage sheds not exceeding 1,000
A
A
A
A
Greenhouses or nurseries (commercial)
P
P
P
P
p
P
p
p
p
Hazardous wastetreatment a rd storagefacilities (off-site) subject to
compliance with state siting criteria (RCW Chapter70.105) (See TMC 21.08)
C
C
Heavy equipment repair and salvage
P
P
P
P
P
P
Helipads, accessory
C
Home Occupation *see definition and accessory use
A
A
A
A
A
A
A
A
A
A
Hospitals
C
C
C
C
C
C
C
C
P
Hospitals, sanitariums, or similar institutes
C
Hotels
P35
P
P
P
P
C
C
P
P
Hydroelectric and private utility power generating plants
U
U
U
U
U
U
U
U
Industries involved with etching, film processing, lithography,
printing and publishing
P
P
P
P
P
P
P
P
P
Internet Data/Telecommunication Centers
C
P
P
P
P
P
P
P
Landfills and excavations which the responsibleofficial, acting pursuant to
the State Environmental PolicyAct,determines aresignificant environmental
actions
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Laundries; self -serve, dry cleaning, tailor, dyeing
P
P
P
P
P
P
P
P
P
P
P
P
P
Libraries, museums, or art galleries (public)
C
C
P
P
P
C
P
P
P
P
P
P
P
P
P
P
Page 3
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use);
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S =Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/LI
LI
HI
MIC/L
MIC/H
NS
130
PRO
Manuf./Mobile home park18
C
P
Manufacturing and industrial uses that have little potential for creating off-
site noise, smoke, dust, vibration or other external environmental impacts or
pollution:
A) Manufacturing, processing and/or packaging pharmaceuticals
and related products, such as cosmetics and drugs
P19
P
P
P
PP
P
P
P
P
B) Manufacturing, processing and/or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes,
canvas, clay, clothing, fur, furniture, glass, ink, paint, paper,
plastics, rubber, tile, and wood
P19
p
P
P
PP
P
P
P
P
C) Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical
and dental equipment, photographicgoods, measurementand
control devices, and recording equipment
P19
p
P
P
PP
P
P
P
P
D) Manufacturing, processing, packaging of foods, such as baked goods,
beverages, candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instantfoods, and meats (no slaughtering)
i)) Fermenting and distilling included
P
P
P
P
ii)) No fermenting and distilling
P19
P
P
P
P
P
Manufacturing and industrial uses that have moderate to substantial
potential for creating off-site noise, smoke, dust, vibration or other external
environmental impacts:
A) Manufacturing, processing and/or assembling chemicals, light
metals, plastics, solvents, soaps, wood, coal, glass, enamels,
textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering)
C
CP
C
P
C
B) Manufacturing, processing and/or assembling of previously
manufactured metals, such as iron and steel fabrication; steel
production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses
CCP
C
P
C
C) Manufacturing, processing and/orassemblingof previously prepared
metals including, but not limited to, stamping, dyeirg, shearing or
punching of metal, engraving, galvanizing and hand forging
C
C
C
PP
P
P
C
Page 4
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C =Conditional (subjecttoTMC18.64); U = Unclassified (subject to TMC
18.66); S =Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
NS
T50
PRO
D) Manufacturing, processing, assembling and/or packaging of
electrical or mechanical equipment, vehicles and machines
including, but not limited to, heavy and light machinery, tools,
airplanes, boats or other transportation vehicles and equipment
P
P
P
P
P
C
E) Heavy metal processes such as smelting, blast furnaces,
drop forging or drop hammering
C
P
Manufacturing, refining or storing highly volatile noxious or explosive products
(less than tank car lots)such as acids, petroleum products, oil organ, matches,
fertilizer or insecticides; except for accessory storage of such materials
U
U
U
U
Marijuana producers, processors, or retailers (with state issued license)
P
P
P20
Mass transit facilities
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Medical and dental laboratories
P
P
P
P
P
P
P
P
P
Minor expansion of an existing warehouse
5
Mortician and funeral homes
P
P
P
P
P
P
C
Motels
P
P
P
P
C
C
P
P
Movie theaters with three or fewer screens
P
11
Movie theaters with more than 3 screens
S
Offices including: medical, dental, government (excluding fire& policestations),
professional, administrative, business, e.g. travel, real estate & commercial
P23
P
P23
P24
P
P
P
P
P
P9
C10
P25
C26
P
P
Office or sample room for wholesale or retail sales, with less than 50%
storage or warehousing
P
Outpatient and emergency medical and dental services
C3
C4
Park & ride lots
C
C
C
C
C
C
C
C
C
C
C
C
Parking areas
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Parking areas, for municipal uses and police stations
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Parks, trails, picnic areas and playgrounds (public), but not induding
amusement parks, golf courses, or commercial recreation
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Pawnbroker/Payday lender
C
P
P
P
P
P
Permanent Supportive Housing
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
Planned Shopping Center (mall)
P
P
P
P
P
P
P27
Plumbing shops (no tin work or outside storage)
P
P
P
P
P
P
P
P
Radio, television, microwave, or observation stations and towers
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Railroad freight or classification yards
U
U
U
U
Railroad tracks (including lead, spur, loading or storage)
P
P
P
P
P
P
Recreation facilities(commercial— indoor) — athletic or health clubs
P
P
P
P
P
P
P
p
C3
p
p
p
Recreation facilities (commercial — indoor), including bowling alleys,
skating rinks, shooting ranges
C
P
P
P
P
P
P
Page 5
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C=Conditional (subject to TTv1C 18.64); U = Unclassified (subjecttoTMC
18.66); 5= Special Permission (Administrative approval bythe Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/LI
U
HI
MIC/L
MIC/H
NS
TSO
PRO
Recreation facilities (commercial —outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields
C
C
C
C
Recreation facilities (public), including, but not limited to sports
fields, community centers and golf courses
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Recreational area and facilities for employees
A
A
A
A
A
A
A
A
A
A
A
A
A
Religious facilities with an assembly area less than 750 sq.ft.
P
P
P
P
P
P
P
P
P
P
P
Religious facilities with an assembly area greater than 750 sq.ft. and
community center buildings
C
C
C
C
C
C
C
C
C
C
C
Religious facility and community center buildings
C
C
C
Removal and processing of sand, gravel, rock, peat, black soil and other
natural deposits together with associated structures
U
U
U
U
U
U
Rental of vehicles not requiring a commercial driver's license
P37
P
P
P
P
P
P
P
P
Rental of commercial trucks and fleet rentals requiring a commercial
driver's license
P
P
P
P
P
P
P
Research and development facilities
P
P
Residences for security or maintenance personnel
A
A
A
A
A
A
A
A
A
A
A
A
A
Restaurants including drive through, sit down, cocktail lounges in
conjunction with a restaurant
P36
P
P
P
P
P
P
P
P
Restaurants including cocktail lounges in conjunction witha restaurant
P
P
C
P
Retail sales of furniture appliances, automobile parts and accessories,
liquor, lumber/bldg. materials, lawn & garden supplies, farm supplies
P
P
P
P
P
P
P
P
Retail sales, e.g. health/beauty aids/prescription drugs/
food/ha rdware/notions/crafts/supplies/housewares/electronics/
photo-equip/film processing/ books/magazines/stationery/
clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/
sporting goods, and similar items
P
P
P36
P36
P
P
P
P
C3
C4
P
P
Retail sales as part of a planned mixed-use developm entwhere at least50%
of gross leasablefloor area development is for office use; no auto-oriented
retail sales (e.g., drive-ins, service stations)
P
P
Rock crushing, asphalt or concrete batching or mixing, stone cutting,
brick manufacture, marble works, and the assembly of products from
the above materials
C
C
P
C
P
C
C
Sales and rental of heavy machinery and equipment subject to
landscaping requirements of TMC Chapter 18.52*
P
P
P
P
P
P
P
Salvage and wrecking operations
P
P
C
Salvage and wrecking operations which are entirely enclosed within a building
P
P
P
P
Schools and studios for education or self-improvement
P
P
P
P
P
P
P
P
P
P9
C10
P28
P
P
Page 6
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S =Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
NS
TSO
PRO
Schools, preschool, elementary, junior & senior high schools
(public), and equivalent private schools
C
C
C
C
C
C
C
C
C
C
C
P
(public
only)
Secure community transition facility
U
Self -storage facilities
P
P
P
P
P
P
P
P
P
Sewage lift station
U
U
U
U
U
U
U
P
Stable (private)
A30
A30
A30
p
Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened
pursuant to TMC Chapter 18.52
p
p
p
p
p
p
p
p
p
Storage (outdoor) of materials is permitted up to a height of 20 feet
with a front yard setback of 25 feet, and to a height of 50 feet with a
front yard setback of 100 feet; security required
P
P
P
C
C
Storm water - neighborhood detention +treatment facilities
U
U
U
U
U
U
U
P
Storm water pump station
U
U
U
U
U
U
U
Studios —Art, photography, music, voice and dance
P
P
P
P
P
P
P
P
P
Taverns, nightclubs
P
P
p
p
p
P31
P31
p
p
Telephone exchanges
P
P
P
P
P
P
P
P
P
P
P
P
Theaters, except those theaters which constitute "adult
entertainment establishments" as defined bythis Zoning Code
p
p
P
p
p
p
p
P32
Tow -truck operations, subject to all additional State and local regulations
P
P
P
P
P
P
P
Transfer stations (refuse and garbage) when operated by a public agency
U
U
U
U
Transitional Housing
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
P39
Truck terminals
P
P
P
P
P
P
Utilities, regional
C
Vehicle storage (no customers onsite, does not include park -and -fly operations)
P
Warehouse storage and/or wholesale distribution facilities
P
P
P
P
P
P
P
P
Water pump station
U
U
U
U
U
U
U
P
Water utility reservoir and related facilities
U
U
U
U
U
U
U
Wireless Telecommunications Facilities (*see TMC Ch. 18.58)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is:
a. similar in nature to and compatible with other uses permitted out right within a similar zone; and
b. Consistent with the stated purpose of the zone; and
c. Consistent with the policies of the Tukwila Comprehensive Plan.
Page 7
1. Adult entertainment establishments are permitted, subject to the following location restrictions:
a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or
zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property;
(2) In or within one-half mile of:
(a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel; or
(c) public library.
b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the
proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section
shall be measured by following a straight line between the nearest points of public entry into each establishment.
2. No dismantling of cars or travel trailers or sale of used parts allowed.
3. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail services such as
beauty and barber shops, outpatient and emergency medicaUdental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that
clearly intend to serve other permitted uses and/or the employees of those uses.
4. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail services such
as beauty and barber shops, fmancial services, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a
type and size that clearly intend to serve other permitted uses and/or the employees of those uses.
5. Bed and breakfast facilities, provided:
a. the manager/owner must live on-site,
b. the maximum number of residents, either permanent or temporary, at any one time is twelve,
c. two on-site parking spaces for the owner and permanent residents and one additional on-site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on-site to customers, and
f. all necessary permits or approvals are obtained from the Health Department.
6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use.
7. Commercial parking; provided it is either:
a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and
commercial environments are not negatively impacted by the parking use; or
b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type 1I1 landscaping, provides
effective visual screening from adjacent streets.
8. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations.
Page 8
9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with
an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics.
10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an
established aviation, manufacturing or industrial use, 20,000 square feet and over.
11. Correctional institution operated by the City of Tukwila.
12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone.
13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools.
14. Allowed on those lands located in the TSO with underlying zoning of LDR, which immediately adjoin lands located in the City of SeaTac to the east of Interstate 5. Allowed
on all other lands in the TSO after a residential design manual with criteria for approval is adopted by ordinance.
15. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083,
Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements.
16. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed-use development that is non -industrial in
nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond.
17. See TMC Section 18.50.220 for accessory dwelling unit standards.
18. Manufactured/mobile home park, meeting the following requirements:
a. the development site shall comprise not less than two contiguous acres;
b. overall development density shall not exceed eight dwelling units per acre;
c. vehicular access to individual dwelling units shall be from the interior of the park; and
d. emergency access shall be subject to the approval of the Tukwila Fire Department.
19. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22.
These businesses may manufacture, process, assemble and/or package the following:
a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods
and meats (no slaughtering);
b. pharmaceuticals and related products such as cosmetics and drugs;
c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood;
d. electronic, mechanical, or precision instruments;
e. other manufacturing and assembly of a similar light industrial character;
f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace
on a walk-in basis;
g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk-in basis and
meeting the City's performance standards.
20. Where the underlying zoning is HI or TVS.
Page 9
21. Minor expansion of an existing warehouse if the following criteria are met:
a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse;
b. The proposed expansion will not increase any building dimension that is legally non -conforming;
c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement;
d. The proposed expansion must be constructed within two years of the date of approval;
e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design;
f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located.
22. Movie theaters with more than three screens if the following criteria are met:
a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila;
b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design;
c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master
Plan;
d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located.
23. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above.
24. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along
Tukwila International Boulevard.
25. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC).
26. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions:
a. New Office Developments:
(1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003.
(2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone
office uses are shown in Figure 18-12.
b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Pian) that exceeds the maximum size limitations may be
recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the
Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code.
27. Planned shopping center (mall) up to 500,000 square feet.
28. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use.
29. Secure community transition facility, subject to the following location restrictions:
a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or
zones are located within or outside the City limits:
(1) In or within 1,000 feet of any residential zone.
Page 10
(2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as
amended, that include:
(a) Public and private schools;
(b) School bus stops;
(c) Licensed day care and licensed preschool facilities;
(d) Public parks, publicly dedicated trails, and sports fields;
(e) Recreational and community centers;
(f) Churches, synagogues, temples and mosques; and
(g) Public libraries.
(3) One mile from any existing secure community transitional facility or correctional institution.
b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC
18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities.
c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW
71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to
the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated.
d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002,
are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk
sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application.
30. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule
or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot.
31. No night clubs.
32. Theaters for live performances only, not including adult entertainment establishments.
33. Automotive sales must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-
60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. Pre-existing
legally established automotive sales where existing parking lots abut the public frontage must provide effective visual screening of the parking lot from sidewalks (or street if no
sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is
vacated or abandoned for more than 24 consecutive months and a new business is proposed.
34. Allowed; however, if in the TIB Study Area, as set forth in Figure 18-60, the following conditions apply: Outdoor storage of vehicles, tires, or other materials used for service
is not permitted. Gas stations are permitted if the pumps and parking are located behind the building, the pumps meet the setback requirements, and the pumps comply with
building and fire codes. Queuing lanes are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline)
are not permitted in the TIB Study Area. Pre-existing legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide
effective visual screening of the parking and outdoor stored materials from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the
following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a
new business is proposed.
35. Allowed if the following are provided: a full-service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and
a minimum 90 rooms.
36. Allowed, however if in the TIB Study area, as set forth in Figure 18-60, the following conditions apply: Drive-through facilities are permitted when located behind a building.
Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a
side street or an alley that connects to a side street, where feasible.
37. Automotive rentals must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure
18-60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date.
38. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270.
39. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270.