HomeMy WebLinkAboutPCD 2022-03-21 Item 1C - Codes - Zoning Code Housekeeping AmendmentsTo:
From:
By:
Copy:
Date:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Planning and Community Development Committee
Nora Gierloff, AICP, Director DCD
Max Baker, AICP, Development Supervisor
Mayor Ekberg
March 21, 2022
SUBJECT: 2022 Housekeeping Code Updates
ISSUE
Should four Chapters of the Tukwila Municipal Code be amended to address housekeeping items? The
affected Chapters include TMC 8 — Public Peace, Morals, and Safety, TMC 17 — Subdivisions and Plats,
Chapter 18 — Zoning, and Chapter 19 — Sign Code.
BACKGROUND
Staff has grouped together amendments to the Tukwila Municipal Code for your consideration. The
process for these code amendments includes a briefing to the Planning and Community Development
Committee, who would then forward the proposed amendments to the Planning Commission to review
in detail and conduct a public hearing. Staff would then bring the Planning Commission's
recommendations back to Committee. After the committee's review, the recommendations would then
be scheduled for a public hearing at a Committee of the Whole meeting.
The proposed amendments will also require review under the State's SEPA regulations, and a 60 -day
review by the Department of Commerce.
Included in this memo is a list of the proposed amendments with a brief explanation. (Please note that
some amendments may require modifications in other code sections to ensure consistency.) The
majority of these changes are housekeeping in nature to streamline or clarify processes, correct
inconsistencies created by past amendments, correct code citations or numbering, and codify code
interpretations. Revisions to the noise ordinance and the zoning district land use table have also been
proposed to address anachronous regulations and provide additional clarification where necessary.
DISCUSSION OF PROPOSED CHANGES
A. Title 8 — Public Peace, Morals, and Safety
1. Modify the definition of "Residential Party" to include "Residential Party or Other Noise
Generating Event," in both the Noise Code and the section of the Zoning Code so that loud
events, other than parties, must also acquire a variance (TMC 8.22.020 and 8.22.120). This
clarification will make it clear that Type 1 Noise Variances for parties/events are subject to
noticing those within 500 feet. It does not pertain to whether or not they need a variance.
2. Modify the public noticing requirement for Type 1 Noise Variances to clarify that notice is
required to residents and businesses within 500 feet in the case of residential parties and
events (TMC 8.22.120.B.(3)).
3. Eliminate the requirement that those conducting exempt daytime noise -generating activities
submit proof that they have notified adjacent property owners of potential noise (as
125
INFORMATIONAL MEMO
Page 2
required by the code). Examples of these types of exempt activities include construction or
the movement of construction -related materials; testing of emergency back-up generators
or other emergency equipment; bells, chimes or carillons operating for not more than five
minutes in any one hour; and aircraft engine testing and maintenance not related to flight
operations (TMC 8.22.110).
B. Title 9 — Vehicles and Traffic
1. Update steps for applicants to apply for traffic concurrency so that they complete
information during permit intake and can pay for it under their permit instead of applying
for a separate concurrency permit. (TMC 9.50 —Traffic Concurrency)
C. Title 17 — Subdivisions and Plats
1. Clarify that Boundary Line Adjustments and Lot Consolidations shall not result in the
creation of lots with split zoning (TMC 17.08.030).
D. Title 18 — Zoning
1. Modify code definitions and the table defining land uses allowed in each zoning district:
a. Rename "Outpatient Medical Clinic" to "Clinic, Outpatient Medical" so that it is listed
alphabetically between "Clearing" and "Closed Record Appeal." (TMC 18.06.150)
b. In compliance with adopted legislation, revise the definition of Essential Public Facilities
to clarify that it does not include facilities that are operated by a private entity in which
persons are detained in custody under process of law pending the outcome of legal
proceedings. (RCW 36.70A.200)
c. Relocate and renumber location of definition of Revetment (TMC 18.06.677), currently
between TMC 18.06.676, Regional Detention Facility and TMC 18.06.680, Research and
Development Facility, to correct alphabetizing, and adjust any references in other
sections to reference correct code citation.
d. Revise the Adult Entertainment Establishments sub -definition for Adult Bathhouse to "a
commercial establishment which excludes any person by virtue of age from all or any
portion of the premises, or which provides to its patrons an opportunity for engaging in
"Specified Sexual Activities," with or without a membership fee."
2. Update references in the Zoning Code to "Environmentally Sensitive Areas" (ESAs) to new
approved term "Critical Areas" to be consistent with nomenclature changed in the
Environmentally Critical Areas chapter, TMC 18.45, in 2020.
3. To support the intent of the Nonconforming provisions of the Code, add a requirement for
bonding when the primary structure is proposed to be demolished, while accessory
structures are proposed to remain. The bond shall cover the 150% of the demolition cost
should an approved primary use not be applied for within 1 year. This has been the City's
practice in the past; however, it has not been codified to date. (TMC 18.70.050)
4. Correct reference and process errors in the Shoreline Overlay chapter of the Code (TMC
18.44). With the update of the Shoreline Master Program in 2020, the City intended to
allow Shoreline Conditional Use Permits to be processed as Type 3 permits, rather than Type
Page 2 of 4
126
INFORMATIONAL MEMO
Page 3
4 permits. This change was made in in the Shoreline Overlay chapter of the Code, but not
made uniformly within other parts the Zoning Code. It needs to be corrected to avoid
confusion about the process required for Shoreline CUPs.
5. Change the Supplemental Development Standards (TMC 18.50) as follows:
a. Clarify how an applicant can acquire a "Retaining Wall Setback Waiver(s)." The current
code does not specify the process to be used, although it is intended to be the "Type 2
Special Permission Decision to the Community Development Director."
b. Codify a January 24, 2020, zoning interpretation that found that the 5/12 roof pitch
requirements for single-family dwellings are interpreted to apply to a minimum of 75%
of the total building footprint square footage (TMC 18.50.050.6).
6. Update individual zoning district basic development standards sections to ensure they are
consistent with changes made to the Landscape Chapter in 2017. At the time the Landscape
Code was updated, it was intended that the individual district requirements would be
modified, however this was overlooked in the final adoption process.
Modify reference in TMC 18.54.080 Table A(1) to remove "see Tree Permit Application for
additional detail." Since the Permit Center began taking permit applications online, those
applications have been streamlined and additional information is no longer presented in this
location.
7. TMC 18.54.140 - Tree Permit Exception — Modify the Permit Exceptions section of the code
to remove reference to a Tree Exception Permit. The tree permit exception criteria listed can
be applied to a Tree Permit instead of to a separate Tree Exception Permit. This type of
permit is not listed in TMC 18.104. Remove reference to a Tree Exception Permit in TMC
18.54.030.A.3. and TMC 18.54.130.B. Add reference to exception criteria to TMC 18.54.050,
"All Tree Permit applications shall meet the criteria outlined below for approval, or meet the
criteria for a tree permit exception found in TMC 18.54.140."
8. Update Table 18-6 to consolidate uses listed as "Restaurants including drive through, sit
down, cocktail lounges in conjunction with a restaurant" and "Restaurants including cocktail
lounges in conjunction with a restaurant" into one use called "Restaurants including drive
through, sit down, and cocktail lounges in conjunction with a restaurant." Along with this
change, also consolidate the zones where this use is permitted, combining what is currently
listed and matching the zones where brew pubs are permitted. Further work is required at a
later date to define the different types of restaurants.
9. Correct reference in TMC 18.44.110.G.6.a, Administration: Non -Conforming Development:
Non -Conforming Parking Lots, which cite landscape standards, but cites wrong section.
Currently, citation says "..., except as necessary to meet vegetation protection and
landscaping standards consistent with TMC Section 18.44.110.E.7." The section should
reference TMC 18.44.110.G.7, Administration: Non -Conforming Development: Non -
Conforming Landscape Areas.
Page 3 of 4
127
INFORMATIONAL MEMO
Page 4
10. In 2017 and 2020, the City's Landscaping Regulations were updated to modify, among other
changes, landscape buffer requirements. These changes were made in the landscaping
code, however, they did not also modify the requirements listed in the individual zoning
district sections of the code. The following changes would address that:
a. TMC 18.10.060 (LDR) Basic Development Standards — add a reference to TMC 18.52,
as conditioned, for Landscape requirements for Uses other than residential.
b. For all other district chapters, remove any previous district landscape requirements
and add reference to TMC 18.52 Table A for minimum landscape requirements.
c. Revise perimeter landscaping requirements set forth in TMC 18.52 Table A to not be
greater than the required setbacks set forth in each district's development
standards section.
11. Update Table 18-6, Land Uses Allowed by District, to streamline categories and remove
outdated land use types. See Attachment A for proposed changes.
E. Title 19 — Sign
1. TMC 19, Sign Code, has several needed amendments
a. Eliminate the excess process that requires businesses to submit a "notice of copy change
form" when they wish to reface an existing, permitted sign. (TMC 19.20.040(6)(d),
19.32.075(4), and 19.20.030(B)(7)(D))
b. Clarify in TMC 19.20.040 that all freestanding signs follow the monument sign standards.
There has been customer confusion as to whether there is another Code section where
freestanding sign standards are contained. Suggested language: "Monument and
freestanding signs are permitted within all commercial and industrial zones, subject to
the following standards."
c. Codify 2019 code interpretation for murals, see Attachment B.
FINANCIAL IMPACT
N/A
RECOMMENDATION
The Council is being asked to forward this item for the Planning Commission review and
recommendation. After the Planning Commission review staff will come back to the Planning and
Economic Development Committee in early summer, following review by the Washington Department
of Commerce and completion of the SEPA process. At that time the Committee will decide if the item is
ready for a public hearing by the Committee of the Whole.
ATTACHMENTS
A. Proposed revisions to Table 18-6: Land Uses Allowed by District
B. 2019 code interpretation regarding artistic murals as opposed to signs
128
Page 4 of 4
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); 5 = Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L 1
LI
HI
MIC/L
MIC/H
TVS
TSO
PRO
Adult day care
A
A
A
A
A
A
A
P
Adult entertainment (subject to location restrictions')
P
P
P
P
P
P
P
(Airports, landing fields and heliports (except emergency sites)
U
U
U
U
U
U
UI
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
PPP
P
P
P
Iz
Automobile, travel trailer lot.,
P33
P
P
P
P
P
P
rccr otional vehicles or or used car sales
Vehicle sales lot
Automotive body
P34
P34
P
PPPP
P
P
PI
—
services, gas (outside pumps allowed), washing, and
(enclosed building), fueling
engine repair shops within a and alternate
station (not wholesale distribution facilities). Vehicle service station
Beauty barber
P
R
R
R
P
R
P
P
P
C4
C4
P
P
or shops
Bed and breakfast lodging for not more than twelve guests
C
C
C
Bed and breakfast lodging (no size limit specified)
C
P
Bicycle repair shops
P
P
PPP
P
PPPP
P
PP
Billiard or pool ro^ms
P
A
P
P
P
P
P
P
Boarding Homes
C
C
Brew Pubs
P
P
CPP
P
PPPP
P
PP
Bus stations
PP
P
PPPP
P
PP
Cabinet shops or carpenter shops employing Icss 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
Commented [MB1]: Define:
Any area of land which is used or intended for the landing and
takeoff of aircraft, any appurtenant areas which are used or intended
for airport buildings or other airport facilities or rights-of-way, and
all airport buildings and facilities.
Commented [MB2]: Define.
Change to "Vehicle Sales Lot"
Commented [MB3]: Change to "Service Station."
Add "enclosed engine repair" to definition.
Commented [M64]: Reflects Table 18-2
Remove, covered under "General Retail in 18.06"
Commented [MB5]: Not a standalone use
– -( Commented [MB6]: Not defined, covered by "Manufacturing." 1
CA)
O
Cemeteries and crematories
1
C
1
C
C
C
C
C
C
1
C
C
C
1
C
ICI I
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); 5 = Special Permission (Administrative approval by the Director)
LDA
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
P7
P7
P7
P7
P7
P8
P8
P8
Computer development
R
R
R
R
R
ft
�R
R
ft__
R8
R
R
software and similar use.
Contractor storage yards
P
P
P
P
P
P
Continuing care retirement facility
C
C
C
C
C
C
C
P
Convalescent & nursing homes & assisted living facility for not more
than twelve patients
C
P
P
P
CP
P
PP
P
P
Convalescent & nursing homes & assisted living facility for more than
twelve patients
C
C
C
C
C
C
C
P
Convention facilities
P
P
P
P
P
P
P
Correctional institutes
U11
U
U
U
Daycare Centers (not home-based)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Daycare Family Home (Family Child Care Home)12
A
A
A
A
A
A
A
A
A
A
A_
Diversion facilities and diversion interim services facilities south of
Strander Blvd
U
Dormitory
C
C
C
A13
A13
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
Dwelling- Townhouses
P
Dwelling —Multi -family
P
P15
P14
Dwelling — Multi -family units above office and retail uses
P
P
P
P
C16
22/
ac
P14
Dwelling—Senior citizen housing, including assisted living facility for seniors
*see purpose section of chapter, uses sections, and development standards
P
meeting
density
and all
other
MDR
standard
P
60/ac
P
60/ac
P
60/
ac
P
60/ac
P
60/ac
C16
100
/ac
P14
Dwelling unit—Accessory''
A
A
A
Page 2
Commented [MB7]: Define:
Means an establishment where textiles are washed for commercia,
industrial, and institutional entities not located on the same site.
Commented [MBB]: Include as a part of definition of"Office"
Commented [MB9]: Define.
Means storage yards operated by, or on behalf of a contractor for
storage of large equipment, vehicles, or other materials commonly
used in the individual contractor's type of business; storage of scrap
materials used for repair and maintenance of contractor's own
equipment; and buildings or structures for uses such as offices and
repair facilities.
W
N
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)
LDA
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
TVS
TSO
PRO
Electrical Substation – Distribution
C
C
C
C
C
CC
C
CCCC
C
CP
Electrical Substation – Transmission/Switching
U
U
U
U
Electric Vehicle Charging Station – Level 1 and Level 2
A
A
A
P
P
PPP
PPPPP
PPP
Electric Vehicle Charging Station – Level 3, battery exchange stations, and
rapid charging stations. (TMC 18.50.140)
A
A
A
A
A
A
P
P
P
P
P
P
P
P
P
P
Essential public facilities, except those uses listed separately in any of the
other zones
U
UUUUU
UUU
Extended -stay hotel/motel
P35
P
P
P
P
P
P
Farming and farm -related activities
P
P
Financial, bunking,
P
P
P36
P36
P
P
P
P
12941
C-4
P
P
mortgage, other service'
Fire & Police Stations
C
C
C
C
CCCC
CCCCC
CCP
fix it, radio or television repair shops/rental shops
PPP
P
PPP
11
P
Fraternal organizations
P
P
CRP
APRA
P
P
Frozen food lockers for individual or family kisc
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)
PPP
P
PPP
P
P
Hazardous waste treatment and storage facilities (off-site) subject to
compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08)
C
C
Heavy equipment repair and salvage
P
P
P
P
P
P
Helipads, accessory
C
Home Occupation *see definition and accessory use]
A
A
A
A
A
A
A
A
A
A
—
Hospitals
C
C
C
C
C
C
C
C
P
HospitalsLaSanitariums, 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 responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental
actions
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Laundries; self -serve, dry cleaning, tailor, dyeing
P
P
PPP
PPPPP
P
PP
Libraries, museums, or art galleries (public)
C
C
P
P
P
CPP
P
PPPP
P
PP
Manuf./Mobile home parkla
C
P
Page 3
Commented [MB10]: Covered as "Retail"
– -f Commented [MB11]: Covered as "General Retail" or "Storage"
Commented [IG12]: @Maxwell Baker I thought we determined
this should stay here, and we wanted to exclude home occs from the
RC?
Commented [MB13R12]: Yup you're right
Commented [MB14]: Permitted in dwellings as covered in
18.06.430; an occupation or profession which is customarily
incident to or carried on in a dwelling place, and not one in
which the use of the premises as a dwelling place is largely
incidental to the occupation carried on by a resident of the
dwelling place.
l Commented [MB15]: Redundant
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)
LDA
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
NS
TSO
PRO
Manufacturing and industrial uses that have little potential for creating off-
site noise, smoke, dust, vibration or other external environmental impacts or
pollution:
A) Manufacturing, processing and/or packaging pharmaceuticals
and related products, such as cosmetics and drugs
P19
P
P
PPP
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
PPP
P
P
P
P
C) Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical
and dental equipment, photographic goods, measurement and
control devices, and recording equipment
P19
P
P
PPP
P
P
P
P
D) Manufacturing, processing, packaging of foods, such as baked goods,
beverages, candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods, and meats (no slaughtering)
i)) Fermenting and distilling included
PP
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)
CCP
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/or assembling of previously prepared
metals including, but not limited to, stamping, dyeing, shearing or
punching of metal, engraving, galvanizing and hand forging
C
CCPPP
PC
Page 4
Commented [MB20]: Footnotes 3 and 4 refer to retail.
Commented [MB19]: Covered by "Offices: medical, dental" 1
above. Footnotes are incorrect and correspond to retail uses as well. J
W
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); 5 = Special Permission (Administrative approval by the Director)
LDA
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
TVS
TSO
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
PPP
P
P
C
E) Heavy metal processes such as smelting, blast furnaces,
drop forging or drop hammering
C
P
Manufacturing that includes rock crushing, asphalt or concrete
C
CP
C
p
c
d
_
batching or mixing, stone cutting, brick manufacture, marble works,
and the assembly of products from the above materials
Manufacturing, refining or storing highly volatile noxious or explosive products
(less than tank car lots) such as acids, petroleum products, oil or gas, matches,
fertilizer or insecticides; except for accessory storage of such materials
U
U
U
U
Marijuana producers, processors, or retailers (with state issued license)
P
P
P20
Mass transit facilities
U
U
U
U
UUUU
UUUUU
UUU
Medical and dental laboratories
P
P
P
P
P
PP
P
P
Minor expansion of an existing warehouse
S
—
Mortician and funeral homes
P
PPPP
P
C
Motels
P
P
PPPC
C
PP
Movic th atcrs with three or fewer screen,,
R
Movie th atcrs with more than 3 screen
b
Offices including: medical, dental, government (excluding fire & police stations),P9
professional, administrative, business, e.g. travel, real estate & commercial
P23
P
P23
P24
p
p
P
P
P
C10
P25
C26
P
P
Office or sample room for wholesale or retail sales, with less than 50%
storage or warehousing
P
'Outpatient dental
4
and emergency medical and serviced
Park & ride lots
C
C
CC
CCCCC
CCC
Parking areas
A
A
A
A
A
AA
A
A
AAAA
A
AA
Parking areas, for municipal uses and police stations
C
C
C
C
CCCC
CCCCC
CCP
Parks, trails, picnic areas and playgrounds (public), but not including
amusement parks, golf courses, or commercial recreation
P
P
P
P
P
PP
P
PPPPP
PPP
P
Pawnbroker
C
C
P
PP
P
P
Planned Shopping Center (mall)
P
P
P
P
P
P
P27
Radio, television, microwave, or observation stations and towers
C
C
C
C
CCCC
CCCCC
CCC
Railroad freight or classification yards
U
U
U
U
Railroad tracks (including lead, spur, loading or storage)
P
P
P
P
P
P
Page 5
Commented [MB16]: Moved from later in table
Commented [MB17]: Recommend moving to Tukwila South
Overlay chapter as a section item.
Commented [MB18]: Recommend adding as a footnote to
"Theaters" (see below).
Commented [MB21]: Functionally the same as General Retail,
move to that section.
Recreation facilities (commercial — indoor) — athletic or health clubs
P
P
PP
P
P
P
P
C3
p
p
P
Recreation facilities (commercial — indoor), including bowling alleys,
skating rinks, shooting ranges
CP
PPP
P
P
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use);
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S =Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
TVS
TSO
PRO
Recreation facilities (commercial —outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields
C
C
C
C
Recreation facilities (public), including, but not limited to sports
fields, community centers and golf courses
C
C
C
C
C
C
C
C
CCC
C
C
C
P
Recreational area and facilities for employees
A
A
A
A
A
A
AAAA
A
AA
Religious facilities with an assembly area less than 750 sq.ft.
C
C
C
P
P
PPP
P
PPP
P
P
Religious facilities with an assembly area greater than 750 sq.ft. and
associated community center buildings
C
—
C
—
C
C
CCCC
CCCC
C
C
G
G
6
Removal and processing of sand, gravel, rock, peat, black soil and other
natural deposits together with associated structures
UUU
U
U
U
Rental of vehicles not requiring a commercial driver's license
P37
P
PPP
P
P
PP
Rental of commercial trucks and fleet rentals requiring a commercial
driver's license
P
PP
P
P
P
P
Research and development facilities
P
P
Residences for security or maintenance personnel
A
A
A
A
A
A
AAAA
A
AA
Restaurants, drive-through permitted including drive through, sit down,
P36
P
PPP
P
P
PP
Restaurants drive-through not permitted - .. • . - . -. :
P
P
C
P
rnnil nrtinn with n rrct, irnnt
Retail sales of furniture appliances, automobile accessories,la
12
12
¢
¢
la
¢
P
parts and
liquor, lumber/bldg. materials, lawn & _arden supplies, farm supplic.,
Retail, General sales, e.g. h alth/b auty aids/prescription drugs/
P
P#
P
P36
P36
P
P
P
P
C3
C34
P
P
food/h l ics/h ics/
a rdwa rc/notions/crafts/cu p p ouscwares/electron
books/ma.azines/stationery/
photo equip/film procerfing/
clothing/shoes/flowers/plants/pets/jewelry/sifts/rec. equip/
sporting goods, and similar item
Rctail development least 50°/
P
P
_
sales as part of a planned mixed use where 3t
I floor development is for
of gross asable ar a office use; no auto oriented
retail sales (c.g., drive ins, ccrvicc stations
Rock crushing, asphalt or concrete batching or mixing, stone cutting,
brick manufacture, marble works, and the assembly of products from
the above materials
C
CP
C
P
C
Sales and rental of heavy machinery and equipment subject to
landscaping requirements of TMC Chapter 18.52*
P
PP
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
PPP
P
P
P
P
P9
C10
P28
PP
Page 6
l Commented [MB22]: Covered by preceding categories.
Commented [MB23]: Helps clarify which zones do and don't
permit drive-throughs
Commented [MB25]: Add footnote:
"Retail sales as part of a planned mixed-use development where at
least 50% of gross leasable floor area development is for office
use; no auto -oriented retail sales (e.g., drive-ins, service stations)."
Commented [MB24]: These categories are redundant (e.g.
hardware = building materials).
See footnotes 3 and 4 for edits as well.
\ Commented [MB26]: Remove from MUO as General Retail is
already permitted.
Add as footnote to General Retail in Office zone, above.
Commented [MB27]: Move to "Manufacturing" section
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); 5 = Special Permission (Administrative approval by the Director)
LDA
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
TVS
TSO
PRO
Schools, preschool, elementary, junior & senior high schools
(public), and equivalent private schools
C
C
C
C
CCCC
C
C
C
P
(public
only)
29
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
Shelter
P
P
P
P
P
Stable (private)
A30
A30
A30
P
Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened
pursuant to 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
PPP
P
P
P
P
Taverns, nightclubs
P
P
P
P
P
P31
P31
P
P
Telephone exchanges
P
P
PP
P
PPPP
P
PP
Theaters, except those theaters which constitute "adult
entertainment establishments" as defined by this Zoning Code
p
p
p
p
P
p
p
:,32L
—
Tow-truck operations, subject to all additional State and local regulations
P
P
P
P
P
P
P
Transfer stations (refuse and garbage) when operated by a public agency
U
U
U
U
Truck terminals
P
P
P
P
P
P
Utilities, regional
C
Vehicle storage (no customers onsite, does not include park-and-fly operations)
P
Warehouse storage and/or wholesale distribution facilities
P
PPPPP
PP
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
PPP
P
PPPP
PPP
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
Commented [MB28]: Add to footnote
Commented [MB29]: Define: Truck terminal means land and
buildings used as a relay station for the transfer of a load from one
vehicle to another or one party to another. The terminal cannot be
used for permanent or long-term storage.
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 b auty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books,
gcncy medical/dental services, and recreation/h lth 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.
d. 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,
acrvices, outpatient and emergency medical/dental services, and recr ation/h alth clubs. Retail sales and services arc limited to uses of a type and size that clearly intend to serve other permitted use.,
5. Bed and breakfast facilities, provided:
a. the manager/owner must live on-site,
b. the maximum number of residents, either permanent or temporary, at any one time is twelve,
c. two on-site parking spaces for the owner and permanent residents and one additional on-site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on-site to customers, and
f. all necessary permits or approvals are obtained from the Health Department.
6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use.
7. Commercial parking; provided it is:
a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively
impacted by the parking use; or
b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent
streets.
8. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations.
9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation,
manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics.
Page 8
10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation,
manufacturing or industrial use, 20,000 square feet and over.
11. Correctional institution operated by the City of Tukwila.
12. Family child care homes, provided the facility shall be licensed by the 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 teens 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 pennitted use (e.g., administrative offices for a manufacturing company present within the MIC).
26. Offices not associated with other permitted uses and excluding medicaUdental clinics, subject to the following location and size restrictions:
a. New Office Developments:
(1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003.
(2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are
shown in Figure 18-12.
b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a
conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may
convert to a stand-alone office use subject to the provisions of this code.
27. Planned shopping center (mall) up to 500,000 square feet.
28. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use.
Page 10
29. Secure community transition facility, subject to the following location restrictions:
a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas
or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any residential zone.
(2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW
71.09.020 as amended, that include:
(a) Public and private schools;
(b) School bus stops;
(c) Licensed day care and licensed preschool facilities;
(d) Public parks, publicly dedicated trails, and sports fields;
(e) Recreational and community centers;
(f) Churches, synagogues, temples and mosques; and
(g) Public libraries.
One mile from any existing secure community transitional facility or correctional institution.
(3)
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.- and movie theaters with three or fewer screens are permitted. Movie theaters with more
than three screens will require a Special Permission Permit.
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 lI landscaping when any of the
Page 11
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. Allow 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 comer 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.
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
CODE INTERPRETATION
Code interpreted: Sign, Title 19
Date: August 26, 2019
Proposal from Seattle Chocolate:
Seattle Chocolate submitted a proposal for a mural to the City on August 21, 2019. The proposed
location for the mural is on the front facade of the building located at 1180 Andover Park W. Due to the
texture of the wall the mural will be printed on vinyl, and will be 56 feet by 13 feet. The mural proposal
request and the proposed design are attached.
Interpretation:
The question at hand is whether or not murals are permitted in the City of Tukwila. A contradiction in
TMC 19 and a desire by businesses to put murals on their blank walls requires a code interpretation to
determine what constitutes a mural and what constitutes a sign.
The City's interpretation is that murals that do not convey a message that represents a product, service,
or registered trademark, and which do not identify the uses, are not considered signs.
Why this interpretation developed?
There has been growing interest in creating murals in the City. In the industrial and commercial areas of
the City there is ample wall space for showcasing artwork and creativity.
To be considered a "sign" under the City's Sign Code, the materials placed or constructed must convey a
message or image and be used to inform or attract the attention of the public. Once considered a sign, it
must adhere to the size and placement requirements outlined in the code.
A disconnect in TMC 19 has been identified. While a mural could be construed to fit the code's definition
of a sign, in TMC 19.20.050.F.4. Incentive Signage allows a business to have a building -mounted sign on
a wall without a public entrance given they provide architectural interest. One of the allowable options
for architectural interest listed in the code is "artwork such as mosaic, mural, or sculptural relief over at
least 50 percent of the wall surface."
What is the justification for the interpretation?
Murals in a cityscape can contribute to placemaking and creating a sense of identity and community,
which are all elements of goals outlined in the City's Comprehensive Plan.
Goal 1.7 of Tukwila's Comprehensive Plan states, "Tukwila's retail areas are characterized by high-
quality urban design that accommodates a mix of compatible residential, commercial and light industrial
uses." Policy 1.7.7. of this goal is to "encourage placemaking through creative use of signage, art, and
high-quality materials."
Moving forward, The City will develop a process for regulating murals and artwork on businesses within
the City, as well as for distinguishing a mural from a sign.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
143
Conditions:
• The vinyl must be maintained to avoid fading and deterioration due to weather.
• Any change to the design must be submitted to the City.
Attached: Code Interpretation Request
Proposed esign
r;L
Signature of Interpreter
12
Approvt'by Director of Community Development
144
TV
Date:
e/� L/1)
Date:
8/21/19
Ms. Meredith Sampson
Ms. Minnie Dhaliwal
City of Tukwila Department of Community Development
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Zoning verification letter
Dear Meredith and Minnie,
Thank you for working with me on the Kyler Martz art installation for outside our Seattle Chocolate
headquarters here in Tukwila. We commissioned Kyler to design something special and arresting for our
building that reflected what our company and brands represented in Seattle. Kyler came up with two
concepts that we liked, but we agreed that the attached concept was the one that best represented our
80% female staff, love of color and enthusiasm for our business and Seattle. He calls the piece, the Cha
Cha's and uses his iconic retro tattoo imagery for their faces.
Our hope for this art installation is that it will stop passersby and they will wonder what the message is
and what is going on behind that wall. They'll see that it's thought provoking, but also fun and a
celebration of something. Hopefully, they'll come inside and discover our factory, its tour and our
chocolate products and we'll have new fans and customers.
We don't believe that the rectangular shapes are unique to chocolate or are obvious communicators of
our products as people drive by, like a good sign would be. Therefore, the code and limits that pertain to
signs in Tukwila, should not apply to this mural.
There will be one major modification to the Cha Cha's and that is that the legs will cross the bodies more
like a Rockette and have Tess opportunity for low -minded, crude graffiti or selfie posts.
I think this will attract a following and fan base among Washington residents and visitors alike. Thank
you for your support.
Sincerely,
145
Jean Thompson
CEO and Owner
Seattle Chocolate Company
$375 fee
146
147