HomeMy WebLinkAboutOrd 2678 - TMC Title 18 "Zoning" AmendmentsWashington
Cover page to Ordinance 2678
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18,
"ZONING," AS DELINEATED HEREIN, TO INCORPORATE A
VARIETY OF HOUSEKEEPING CODE AMENDMENTS
INCLUDING DEFINITIONS (TMC 18.06), AND REGULATIONS
RELATED TO: NON-RESIDENTIAL DEVELOPMENT (TMC
18,41)„ SHORELINE CONDITIONAL USE PERMITS (TMC 18,44),
SINGLE-FAMILY DWELLING DESIGN STANDARDS AND
EXCEPTIONS (TMC 18.50), LANDSCAPING REQUIREMENTS
(TMC 18.52)„ TREE EXCEPTION PERIVIITS AND PROCEDURES
(TMC 18.5-4), NONCONFORMING STRUCTURES (TMC 18,70),
AND CLASSIFICATION OF PROJECT PERMIT APPLICATIONS
(TIVIC 18.104); AS WELL AS REVISIONS TO THE BASIC
DEVELOPMENT STANDARDS IN VARIOUS SECTIONS OF THE
TMC AS DETAILED HEREIN; ANI AN UPDATE TO TABLE 18-6,
"LAND USES ALLOWED BY DISTRICT;" PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2678 was amended or repealed by the following ordinances.
AMENDED
Section(s) Amended
Amended by Ord #
14
2731
22
2718
38
2718
REPEALED
Section(s) Repealed
Repealed by Ord tt
1-37
2741
Washington
Ordinance No. 2 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18,
"ZONING," AS DELINEATED HEREIN, TO INCORPORATE A
VARIETY OF HOUSEKEEPING CODE AMENDMENTS
INCLUDING DEFINITIONS (TMC 18.06), AND REGULATIONS
RELATED TO: NON-RESIDENTIAL DEVELOPMENT (TMC
18.41), SHORELINE CONDITIONAL USE PERMITS (TMC 18.44),
SINGLE-FAMILY DWELLING DESIGN STANDARDS AND
EXCEPTIONS (TMC 18.50), LANDSCAPING REQUIREMENTS
(TMC 18.52), TREE EXCEPTION PERMITS AND PROCEDURES
(TMC 18.54), NONCONFORMING STRUCTURES (TMC 18.70),
AND CLASSIFICATION OF PROJECT PERMIT APPLICATIONS
(TMC 18.104); AS WELL AS REVISIONS TO THE BASIC
DEVELOPMENT STANDARDS IN VARIOUS SECTIONS OF THE
TMC AS DETAILED HEREIN; AND AN UPDATE TO TABLE 18-6,
"LAND USES ALLOWED BY DISTRICT;" PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the standards for non-residential development in the Tukwila South
Overlay District were inadvertently struck when the residential development standards were
adopted in Ordinance No. 2661 and should be reenacted; and
WHEREAS, references in the Zoning Code to Tukwila Municipal Code Chapter 18.45
need to be updated to the new approved term and chapter title, "Environmentally Critical
Areas"; and
WHEREAS, 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 4 permits; and this change should be updated to be consistent throughout
the Zoning Code and to avoid confusion about the process required for Shoreline
Conditional Use Permits; and
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WHEREAS, the City Council desires to amend current design standards related to
single-family dwellings as they relate to the minimum roof pitch requirement and the need
for a Type 2 Special Permission for certain conditions; and
WHEREAS, language changes are needed to clarify regulations related to Tree
Exception Permits; and
WHEREAS, a requirement for bonding when the primary structure on a property is
proposed to be demolished while accessory structures are proposed to remain is needed in
the nonconforming provisions of the Zoning Code; and
WHEREAS, updates are required to the Basic Development Standards in several of
the individual zoning districts, including landscape buffer requirements, to maintain
consistency with changes made to the landscape requirements in Tukwila Municipal Code
Chapter 18.52, "Landscape Requirements;" and
WHEREAS, the City Council desires to update Table 18-6, "Land Uses Allowed by
District," to streamline categories and remove outdated land use types; and
WHEREAS, on May 26, 2022, 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 21, 2022, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non -Significance on the proposed
amendments; and
WHEREAS, on August 8, 2022, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission;
NOW, THEREFORE, THE .CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 1758 §1 (part), as codified at Tukwila Municipal Code (TMC)
Section 18.06.025, "Adult Entertainment Establishments" (definition), subparagraph A.1.,
is hereby amended to read as follows:
18.06.025 Adult Entertainment Establishments
A. "Adult entertainment establishments" means adult motion picture theaters, adult
drive-in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores,
adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as
follows:
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1. "Adult bathhouse" means a commercial bathhouse 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."
Section 2. New Definition Adopted. A new section is hereby added to TMC Chapter
18.06, "Definitions," as follows:
Airports
"Airports" means any area of land that is used or intended for the landing and takeoff
of aircraft, any appurtenant areas that are used or intended for airport buildings or other
airport facilities or rights -of -way, and all airport buildings and facilities.
Section 3. Ordinance Nos. 2287 §3 and 1758 §1, as codified at TMC Section
18.06.150, "Outpatient Medical Clinic" (definition), are hereby amended to read as follows:
18.06.150 Clinic, Outpatient Medical
"Clinic, Outpatient Medical" means a building designed and used for the medical,
dental and surgical diagnosis and treatment of patients under the care of doctors and
nurses and/or practitioners and does not include overnight care facilities. This category
does not include diversion facility or diversion interim services facility.
Section 4. New Definition Adopted. A new section is hereby added to TMC Chapter
18.06, "Definitions," as follows:
Commercial Laundries
"Commercial laundries" means an establishment where textiles are washed for
commercial, industrial, and institutional entities not located on the same site.
Section 5. New Definition Adopted. A new section is hereby added to TMC Chapter
18.06, "Definitions," as follows:
Contractor Storage Yards
"Contractor storage yards" 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.
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Section 6. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.06.270,
"Essential Public Facility" (definition), is hereby amended to read as follows:
18.06.270 Essential Public Facility
"Essential public facility" means a facility which provides a basic public service,
provided in one of the following manners: directly by a government agency, by a private
entity substantially funded or contracted for by a government agency, or provided by a
private entity subject to public service obligations (i.e., private utility companies which have
a franchise or other legal obligation to provide service within a defined service area). This
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.
Section 7. Ordinance No. 1758 §1 (part), as currently codified at TMC Section
18.06.735, "Service Station" (definition), and as hereafter recodified, is hereby amended to
read as follows:
18.06.735 Vehicle Service Station
"Vehicle service station" means any area of land, including structures thereon, that is
used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories
which may or may not include washing, lubricating, tune-ups, enclosed engine repair, and
other minor servicing incidental to this use, but no painting or major repair operations.
Section 8. New Definition Adopted. A new section is hereby added to TMC Chapter
18.06, "Definitions," as follows:
Truck Terminal
"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.
Section 9. Ordinance Nos. 2500 §14 and 2443 §4, as codified at TMC Section
18.28.030, "Applicability and Design Review," subparagraph A.4., are hereby amended to
read as follows:
18.28.030 Applicability and Design Review
A. Relationship to Other Tukwila Codes.
4. Areas meeting the definition of sensitive areas or sensitive area buffers are
subject to the regulations of TMC Chapter 18.45, "Environmentally Critical Areas," and TMC
Chapter 18.54, "Urban Forestry and Tree Regulations."
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Section 10. Ordinance Nos. 2661 §2, 2580 §4, and 2235 §10 (part), as codified at
TMC Section 18.41.090, "Basic Development Standards,", are hereby amended to add
subparagraph C to read as follows:
18.41.090 Basic Development Standards
C. Non -Residential Uses. All non-residential use development on all lands within
the TSO shall conform to the development standards set forth in TMC Section 18.41.090.C.
Modifications to these standards are available pursuant to TMC Section 18.41.100,
"Modifications to Development Standards through Design Review."
Lot
N/A
Setbacks:
Front — adjacent to a public street
15 feet*
Second Front — adjacent to a public
street
15 feet*
Sides
None*; increased to 10 feet
if adjacent to residential use or
non-TSO Zoned property
Rear
None*; increased to 10 feet
if adjacent to residential use or
non-TSO zoned property
Height
125 feet
Landscaping:
Fronts — adjacent to a public street
15 feet
Side
None; increased to 10 feet if
adjacent to residential use or
non-TSO zoned property
Rear
None; increased to 10 feet if
adjacent to residential use or
non-TSO zoned property
Landscape requirements (minimum): See Landscape, Recreation,
Recycling/Solid Waste Space requirements chapter for requirements
Off-street parking:
See TMC Chapter 18.56
*Subject to modification to meet Fire Department Access Requirements
Section 11. Ordinance No. 2627 §26, as codified at TMC Section 18.44.110,
"Administration," subparagraph E.2., is hereby amended to read as follows:
18.44.110 Administration
E. Shoreline Conditional Use Permit.
2. Application. Shoreline Conditional Use Permits are a Type 3 Permit
processed under TMC Chapter 18.104.
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Section 12. Ordinance No. 2627 §26, as codified at TMC Section 18.44.110,
"Administration," subparagraph G.6.a., is hereby amended to read as follows:
G. Non -Conforming Development.
6. Non -Conforming Parking Lots.
a. Parking lot regulations contained in this chapter shall not be construed
to require a change in any aspect of a structure or facility that existed on the date of adoption
of this chapter covered thereunder including parking lot layout, loading space requirements
and curb -cuts, except as necessary to meet vegetation protection and landscaping
standards consistent with TMC Section 18.44.110.G.7.
Section 13. Ordinance Nos. 2581 §9, 2500 §23, and 2098 §2, as codified at TMC
Section 18.50.050, "Single -Family Dwelling Design Standards," are hereby amended to
read as follows:
18.50.050 Single -Family Dwelling Design Standards
All new single-family dwellings, as well as accessory dwelling units and other
accessory structures that require a building permit, must:
1. Be set upon a permanent concrete perimeter foundation, with the space from
the bottom of the home to the ground enclosed by concrete or an approved concrete product
that can be either load bearing or decorative.
2. If a manufactured home, be comprised of at least two fully -enclosed parallel
sections, each of not less than 12 feet wide by 36 feet long.
3. Be thermally equivalent to the current edition of the Washington State Energy
Code with amendments.
4. Have exterior siding that is residential in appearance including, but not limited
to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -cement
siding, wood -composite panels, aluminum siding or similar materials. Materials such as
smooth, ribbed or corrugated metal or plastic panels are not acceptable.
5. Have the front door facing the front or second front yard, if the lot is at least
40 feet wide. This requirement does not apply to ADUs or accessory structures.
6. Have a roofing material that is residential in appearance including, but not
limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or
tile.
Section 14. Ordinance Nos. 2581 §10, 2368 §52, and 2098 §3, as codified at TMC
Section 18.50.055, "Single -Family Design Standard Exceptions," are hereby amended to
read as follows:
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18.50.055 Single -Family Design Standard Exceptions
A. The design standards required in TMC Section 18.50.050 (4), (5) and (6) may be
modified by the Community Development Director as part of the building permit approval
process.
1. The criteria for approval of use of unconventional exterior siding are as
follows:
a. The structure exhibits a high degree of design quality, including a mix of
exterior materials, detailing, articulation and modulation; and
b. The proposed siding material is durable with an expected life span
similar to the structure; and
c. The siding material enhances a unique architectural design.
2. The criteria for approval of a house with a front door that faces the side or rear
yard are as follows:
a. The topography of the lot is such that pedestrian access is safer or more
convenient from the side or rear yard;
b. The entrance is oriented to take advantage of a site condition such as a
significant view; or
c. The entry feature is integral to a unique architectural design.
B. The design standards required in TMC Section 18.50.050 (5) and (6) may also be
modified by the Community Development Director as part of the building permit approval
process if the proposal includes a replacement of a single wide manufactured home with a
double wide and newer manufactured home. The property owner can apply for this waiver
only one time per property starting from the date of adoption of this ordinance. Additionally,
the proposal should result in aesthetic improvement to the neighborhood.
C. The design standards required in TMC Section 18.50.220.A (4) may be modified
by the Community Development Director as part of the building permit approval process.
The design of an attached ADU that does not reflect the design vocabulary of the existing
primary residence may be approved if the new portion of the structure exhibits a high
degree of design quality, including a mix of durable exterior materials, detailing,
articulation and modulation.
Section 15. Ordinance No. 2176 §2, as codified at TMC Section 18.50.150,
"Retaining Wall Setback Waiver," is hereby amended to read as follows:
18.50.150 Retaining Wall Setback Waiver
Retaining walls with an exposed height greater than four feet may be allowed in
required front, side or rear yard setbacks as a Type 2 Special Permission decision to the
Community Development Director under the following circumstances:
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1. When the applicant's property is on the lower side of the retaining wall and
it is not visible from adjacent properties or is screened by landscaping; or
2. When a wall built on a property line or perpendicular to it benefits the lots
on both sides, and the owners of both properties agree to jointly maintain the wall; or
3. When a wall in a front yard is required due to roadway expansion or
improvements.
Section 16. Ordinance Nos. 2661 §5, 2625 §48, 2580 §6, and 2523 §8, as currently
codified at TMC Section 18.52.040, "Perimeter and Parking Lot Landscaping Requirements
by Zone District, and Ordinance Nos. 2442 §1, 2251 §61, 2235 §13, and 1872 §14 (part),
as then codified at TMC Section 18.52.020, "Perimeter Landscaping Requirements by Zone
District, are hereby amended to read as follows and codified in TMC Section 18.52.040:
18.52.040 Perimeter and Parking Lot Landscaping Requirements by Zone District
In the various zone districts of the City, landscaping in the front, rear and side yards
and parking lots shall be provided as established by the various zone district chapters of
this title. These requirements are summarized in the following table (Table A), except for
Tukwila Urban Center (TUC) requirements, which are listed in TMC Chapter 18.28.
TABLE A
ZONING
DISTRICTS
FRONT
YARD
(SECOND
FRONT)
(linear feet)
LANDSCAPE
TYPE FOR
FRONTS
LANDSCAPE
FOR SIDE
YARD
(linear feet)
LANDSCAPE
FOR REAR
YARD
(linear feet)
LANDSCAPE
TYPE FOR
SIDE/REAR
LANDSCAPING
FOR PARKING
LOTS (square
feet)
LDR
(for uses other
than
residential)
152
Type 1
10
10
Type 1
20 per stall for
non-residential
uses; 15 per stall
if parking is
placed behind
building
MDR
151,2, 11
Type I
10
10
Type 1
Same as LDR
HDR
151, 2, 11
Type I
10
10
Type 1
Same as LDR
MUO
15 (12.5)2' 11
Type 1'
64
64,11
Type 1'
20 per stall
adjacent to street;
15 per stall if
parking is placed
behind building
0
15 (12.5)2
Type 1'
6
64
Type 1'
Same as MUO
RCC
20 (10)2,3
Type I'
5; 10 if near
LDR, MDR,
HDR4
1011
Type II
Same as MUO
NCC
64,11
Type 17' 13
0°
04,11
Type 11
Same as MUO
RC
10
Type 113
54
04
Type Ile
Same as MUO
RCM
10
Type 1
54
04
Type 118
Same as MUO
C/LI
15
Second
Front: 12.5;
15 if near
LDR, MDR,
HDR
Type 16
55,12
05•12
Type 118
15 per stall; 10
per stall for
parking placed
behind building
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ZONING
DISTRICTS
FRONT
YARD
(SECOND
FRONT)
(linear feet)
LANDSCAPE
TYPE FOR
FRONTS
LANDSCAPE
FOR SIDE
YARD
(linear feet)
LANDSCAPE
FOR REAR
YARD
(linear feet)
LANDSCAPE
TYPE FOR
SIDE/REAR
LANDSCAPING
FOR PARKING
LOTS (square
feet)
LI
152
Second
Front: 12.5
Type II
04, 12
04,12
Type III
15 per stall; 10
per stall for
parking placed
behind building
HI
152
Second
Front: 12.5
Type II
04, 72
04,12
Type III
15 per stall
MIC/L
105
Type II
05.12
05,12
Type III
10 per stall
MIC/H
105
Type II
05.12
05.12
Type III
10 per stall
TUC — See TMC Chapter 18.28
TVS — See TMC Chapter 18.40
TSO — See TMC Chapter 18.41
Notes:
1. Minimum required front yard landscaped areas in the MDR and HDR zones may have up to 20% of their
required landscape area developed for pedestrian and transit facilities subject to the approval criteria in TMC
Section 18.52.120.C.
2. In order to provide flexibility of the site design while still providing the full amount of landscaping required
by code, the front yard landscape width may be divided into a perimeter strip and one or more other landscape
areas between the building and the front property line if the perimeter strip is a minimum of 10 feet and the
landscape materials are sufficient to provide landscaping along the perimeter and screening of the building
mass.
3. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor
cafe -type seating and similar features, subject to the approval criteria in TMC Section 18.52.120.C.
Bioretention may also be used as required landscaping subject to the approval criteria in TMC Section
18.52.120.E. Required plant materials will be reduced in proportion to the amount of perimeter area devoted
to pedestrian -oriented space.
4. Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
5. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
6. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage.
7. Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or HDR.
8. Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or HDR.
9. Only required along public streets.
10. Increased to 10 feet for residential uses; or if adjacent to residential uses or non-TSO zoning.
11. In the MDR and HDR districts and other districts where multifamily development is permitted, a community
garden may be substituted for some or all of the landscaping. In order to qualify, a partnership with a nonprofit
(501(c)(3)) with community garden expertise is required to provide training, tools and assistance to apartment
residents. Partnership with the nonprofit with gardening expertise is required throughout the life of the garden.
If the community garden is abandoned, the required landscaping must be installed. If the garden is located in
the front landscaping, a minimum of 5 feet of landscaping must be placed between the garden and the street.
12. To accommodate the types of uses found in the C/LI, LI, HI and MIC districts, landscaping may be clustered
to permit truck movements or to accommodate other uses commonly found in these districts if the criteria in
TMC Section 18.52.120.D are met.
13. For NCC and RC zoned parcels in the Tukwila International Boulevard District, the front landscaping may
be reduced or eliminated if buildings are brought out to the street edge to form a continuous building wall, and
if a primary entrance from the front sidewalk as well as from off-street parking areas is provided.
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Section 17. Ordinance Nos. 2625 §58, 2570 §4, and 1758 §1 (part), as codified at
TMC Section 18.54.030, "Tree Permit Required," subparagraph A, are hereby amended to
read as follows:
18.54.030 Tree Permit Required
A. Permit Required.
1. A Tree Permit is required prior to work within the Critical Root Zone of any
Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of
these trees within the City, unless the action is exempt from this chapter.
2. A Tree Permit is required when any person wishes to prune a Heritage Tree
in excess of 20% of the existing crown in a two-year period.
3. All Tree Permit applications shall meet the criteria outlined in this chapter
for approval, or meet the criteria for a Tree Permit Exception per TMC Section 18.54.140.
Section 18. Ordinance Nos. 2570 §14, 1770 §32, and 1758 §1 (part), as codified at
TMC Section 18.54.130, "Permit Processing and Duration," are hereby amended to read as
follows:
18.54.130 Permit Processing and Duration
A. All Tree Permits shall be processed as Type 1 decisions. Exceptions to the
requirements of this chapter shall be processed as a Type 2 decision.
B. If the Tree Permit application is not approved, the Director shall inform the
applicant in writing of the reasons for disapproval.
C. Tree permits expire one year after the date the permit is issued
Section 19. Ordinance Nos. 2570 §15 and 1758 §1 (part), as codified at TMC Section
18.54.140, "Permit Exceptions," subparagraph A, are hereby amended to read as follows:
18.54.140 Permit Exceptions
A. Exception Procedures. An applicant seeking an exception from this chapter
shall submit for an exception as part of a Tree Permit application. Such application shall
fully state all substantiating facts and evidence pertinent to the exception request, and
include supporting maps or plans. The exception shall not be granted unless and until
sufficient reasons justifying the exception are provided by the applicant and verified by
the City. Approval of the exception is subject to the exception criteria outlined below.
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Section 20. Ordinance Nos. 2660 §32, as codified at TMC Section 18.58.160, "Small
Wireless Facility Aesthetic, Concealment, and Design Standards," subparagraph E.1.d., are
hereby amended to read as follows:
18.58.160 Small Wireless Facility Aesthetic, Concealment, and Design Standards
E. Standards for small wireless facilities on new poles in the rights -of -way and
installation on decorative poles.
1. d. No new poles shall be located in a critical area or associated buffer
required by the City's Environmentally Critical Areas ordinance, TMC Chapter 18.45,
except when determined to be exempt pursuant to said ordinance.
Section 21. Ordinance Nos. 2625 §66, 2518 §15, and 1819 §1 (part), as codified at
TMC Section 18.70.050, "Nonconforming Structures," are hereby amended to read as
follows:
18.70.050 Nonconforming Structures
Where a lawful structure exists at the effective date of adoption of this title that could
not be built under the terms of this title by reason of restrictions on area, development
area, height, yards or other characteristics of the structure, it may be continued so long
as the structure remains otherwise lawful subject to the following provisions:
1. No such structure may be enlarged or altered in such a way that increases
its degree of nonconformity. Ordinary maintenance of a nonconforming structure is
permitted, pursuant to TMC Section 18.70.060, including but not limited to painting, roof
repair and replacement, plumbing, wiring, mechanical equipment repair/replacement and
weatherization. These and other alterations, additions or enlargements may be allowed
as long as the work done does not extend further into any required yard or violate any
other portion of this title. Complete plans shall be required of all work contemplated under
this section.
2. Should such structure be destroyed by any means to an extent of more than
50% of its replacement cost at time of destruction, in the judgment of the City's Building
Official, it shall not be reconstructed except in conformity with provisions of this title,
except that in the LDR zone, structures that are nonconforming in regard to yard setbacks
or sensitive area buffers, but were in conformance at the time of construction may be
reconstructed to their original dimensions and location on the lot.
3. Should such structure be moved for any reason or any distance whatsoever,
it shall thereafter conform to the regulations for the zone in which it is located after it is
moved.
4. When a nonconforming structure, or structure and premises in combination,
is vacated or abandoned for 24 consecutive months, the structure, or structure and
premises in combination, shall thereafter be required to be in conformance with the
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regulations of the zone in which it is located. Upon request of the owner, the City Council
may grant an extension of time beyond the 24 consecutive months.
5. If a primary structure on a property is demolished but nonconforming
accessory structures remain, a primary permitted use on the site must be applied for
within one year or remaining accessory structures will need to be demolished. A
performance bond or financial security equal to 150% of the cost of labor and materials
required for the demolition of accessory structures shall be submitted prior to City
acceptance of project of primary structure demolition.
6. Residential structures and uses located in any single-family or multiple -
family residential zoning district and in existence at the time of adoption of this title shall
not be deemed nonconforming in terms of bulk, use, or density provisions of this title.
Such buildings may be rebuilt after a fire or other natural disaster to their original
dimensions and bulk, but may not be changed except as provided in the non -conforming
uses section of this chapter.
7. Single-family structures in single- or multiple -family residential zone districts
that have legally nonconforming building setbacks, shall be allowed to expand the ground
floor only along the existing building line(s), so long as the existing distance from the
nearest point of the structure to the property line is not reduced, and the square footage
of new intrusion into the setback does not exceed 50% of the square footage of the current
intrusion.
8. In wetlands, watercourses and their buffers, existing structures that do not
meet the requirements of the Critical Areas Overlay District chapter of this title may be
remodeled, reconstructed or replaced, provided that:
a. The new construction does not further intrude into or adversely impact
an undeveloped critical area or the required buffer, except where an interrupted buffer
waiver has been granted by the Director. However, legally constructed buildings, other
than accessory structures, may:
(1) Expand vertically to add upper stories in exchange for buffer
enhancement, provided no significant tree is removed.
(2) Expand laterally along the building side that is opposite of critical
area up to a maximum of 1,000 square feet, provided that expansion is outside 75 percent
of the required buffer; buffer enhancement is proposed; and no significant tree is
removed.
(3) Expand laterally along the existing building lines in exchange for
buffer enhancement, provided the expansion into the buffer is less than 50 percent of the
current encroachment or 500 square feet, whichever is less; expansion is outside 75
percent of the required buffer; and no significant tree is removed.
(4) Enclose within existing footprint in exchange for buffer
enhancement, provided no significant tree is removed.
b. The new construction does not threaten the public health, safety or welfare.
c. The structure otherwise meets the requirements of this chapter.
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9. In areas of potential geologic instability, coal mine hazard areas, and
buffers, as defined in the Critical Areas Overlay District chapter of this title, existing
structures may be remodeled, reconstructed or replaced, provided that:
a. The new construction is subject to the geotechnical report
requirements and standards of TMC Sections 18.45.120.B and 18.45.120.C;
b. The new construction does not threaten the public health, safety or
welfare;
c. The new construction does not increase the potential for soil erosion
or result in unacceptable risk or damage to existing or potential development or to
neighboring properties; and
d. The structure otherwise meets the requirements of this chapter.
Section 22. Ordinance Nos. 2649 §11, 2368 §70, 2251 §75, 2235 §19, 2135 §19, and
2119 §1, as codified at TMC Section 18.104.010, "Classification of Project Permit
Applications," subparagraph 4, are hereby amended to read as follows:
18.104.010 Classification of Project Permit Applications
4. TYPE 4 DECISIONS are quasi-judicial decisions made by the Board of
Architectural Review or the Planning Commission, following an open record hearing.
Type 4 decisions may be appealed to the Hearing Examiner based on the record
established by the Board of Architectural Review or Planning Commission.
TYPE 4 DECISIONS
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(closed record
appeal)
Public Hearing Design Review
(TMC Chapter 18.60)
Board of
Architectural
Review
Hearing
Examiner
Subdivision — Preliminary Plat
with an associated Design
Review application
(TMC Section 17.14.020)
Planning
Commission
Hearing
Examiner
Subdivision Phasing Plan (for
a subdivision with an
associated Design Review)
(TMC Section 17.14.040)
Planning
Commission
Hearing
Examiner
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Section 23. Section 18.10.060 Amended. Ordinance Nos. 2581 §2, 2518 §7, 1971
§4, and 1758 §1 (part), as codified at TMC Section 18.10.060, "Basic Development
Standards," is hereby amended to revise the Landscaping portion of the Low Density
Residential (LDR) District BASIC DEVELOPMENT STANDARDS table to read as follows:
LDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
6,500 sq. ft.
Average lot width (min. 20 ft.
street frontage width), minimum
50 feet
Development Area, maximum
(only for single family
development)
75% on lots less than 13,000 sq. ft.
up to a maximum of 5,850 sq. ft.
45% on lots greater than or equal to
13,000 sq. ft.
Setbacks to yards, minimum:
• Front
20 feet
• Front, decks or porches
15 feet
• Second front
10 feet
• Sides
5 feet
• Rear
10 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for
perimeter and parking lot landscaIping requirements.
Height, maximum 30 feet
Off-street parking:
• Residential
See TMC Chapter 18.56, Off-street
Parking & Loading Regulations
• Accessory dwelling unit
See TMC Section 18.50.220
• Other uses
See TMC Chapter 18.56, Off-street
Parking & Loading Regulations
Section 24. Section 18.12.070 Amended. Ordinance Nos. 2581 §3, 2199 §12,
1976 §23, and 1758 §1 (part), as codified at TMC Section 18.12.070, "Basic Development
Standards," is hereby amended to revise the Landscaping portion of the Medium
Density Residential (MDR) District BASIC DEVELOPMENT STANDARDS table to read
as follows:
MDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
8,000 sq. ft. (Applied to parent lot
for townhouse plats)
Lot area per unit
(multi -family)
3,000 sq. ft. (For townhouses the
density shall be calculated based on
one unit per 3000 sq. ft. of parent lot area.
The "unit lot" area shall be allowed to
include the common access easements).
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Average lot width
(min. 20 ft. street frontage width),
minimum
60 feet
(Applied to parent lot
for townhouse plats)
Setbacks, minimum: Applied to parent lot for townhouse plats
• Front - 1st floor
15 feet
• Front - 2nd floor
20 feet
• Front - 3rd floor
30 feet
(20 feet for townhouses)
• Second front - 1st floor
7.5 feet
• Second front - 2nd floor
10 feet
• Second front - 3rd floor
15 feet
(10 feet for townhouses)
• Sides - 1st floor
10 feet
• Sides - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Sides - 3rd floor
20 feet
(30 feet if adjacent to LDR;
10 feet for townhouses
unless adjacent to LDR)
• Rear - 1st floor
10 feet
• Rear - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Rear - 3rd floor
20 feet
(30 feet if adjacent to LDR;
10 feet for townhouses
unless adjacent to LDR)
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Townhouse building separation, minimum
• 1 and 2 story buildings
10 feet
• 3 story buildings
20 feet
Height, maximum
30 feet
Development area coverage
50% maximum (75% for townhouses)
Recreation space
400 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Off-street parking:
• Residential
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations.
• Accessory dwelling unit
See TMC Section 18.50.220
• Other uses
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations
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Section 25. Section 18.14.070 Amended. Ordinance Nos. 2581 §4, 2199 §14,
1976 §27, 1830 §3 and 1758 §1 (part), as codified at TMC Section 18.14.070, "Basic
Development Standards," is hereby amended to revise the Landscaping portion of the
High Density Residential (HDR) District BASIC DEVELOPMENT STANDARDS table to
read as follows:
HDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
9,600 sq. ft. (Applied to parent lot
for townhouse plats)
Lot area per unit
(multi -family, except
senior citizen housing)
2,000 sq. ft. (For townhouses the
density shall be calculated based on
one unit per 2000 sq. ft. of parent lot area.
The "unit lot" area shall be allowed to
include the common access easements.)
Average lot width
(min. 20 ft. street frontage width),
minimum
60 feet
(Applied to parent lot
for townhouse plats)
Setbacks, minimum: Applied to parent lot for townhouse plats
• Front - 1st floor
15 feet
• Front - 2nd floor
20 feet
• Front - 3rd floor
30 feet (20 feet for townhouses)
• Front — 4th floor
45 feet (20 feet for townhouses)
• Second front - 1st floor
7.5 feet
• Second front - 2nd floor
10 feet
• Second front - 3rd floor
15 feet (10 feet for townhouses)
• Second front— 4th floor
22.5 feet (10 feet for townhouses)
• Sides - 1st floor
10 feet
• Sides - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Sides - 3rd floor
20 feet
(30 feet if adjacent to LDR)
(10 feet for townhouses
unless adjacent to LDR)
• Sides — 4th floor
30 feet
(20 feet for townhouses
unless adjacent to LDR)
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• Rear - 1st floor
10 feet
• Rear - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Rear - 3rd floor
20 feet
(30 feet if adjacent to LDR;
10 feet for townhouses
unless adjacent to LDR)
• Rear— 4th floor
30 feet
(20 feet for townhouses
unless adjacent to LDR)
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Townhouse building separation, minimum
• 1 and 2 story buildings
10 feet
• 3 and 4 story buildings
20 feet
Height, maximum
45 feet
Development area coverage
50% maximum (except senior citizen
housing), (75% for townhouses)
Recreation space
400 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space,
senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
housing)
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations.
• Accessory dwelling unit
See TMC Section 18.50.220
• Other uses, including senior citizen
housing
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations
Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise",
and, (3) adopted State and Federal standards for water quality and hazardous
materials. In addition, all development subject to the requirements of the State
Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether
adverse environmental impacts have been adequately mitigated.
Section 26. Section 18.16.080 Amended. Ordinance Nos. 2581 §5, 2251 §22,
1976 §30, 1872 §1, 1865 §18, 1830 §7, and 1758 §1 (part), as codified at TMC Section
18.16.080, "Basic Development Standards," is hereby amended to revise the
Landscaping portion of the Mixed Use Office (MUO) District BASIC DEVELOPMENT
STANDARDS table to read as follows:
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MUO BASIC DEVELOPMENT STANDARDS
Lot area per unit,
multi -family (except senior citizen
housing), minimum
3,000 sq. ft.
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height,
setback 1 foot from property line)
min. of 10 feet and a max. of 30 feet
• Rear
10 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height,
setback 1 foot from property line)
min. of 10 feet and a max. of 30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter
and parking lot landscaping requirements.
Height, maximum
4 stories or 45 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space,
senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
housing)
See TMC Chapter 18.56, Off street
Parking & Loading Regulations
• Office, minimum
3 per 1,000 sq. ft.
usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft.
usable floor area
• Other uses, including senior citizen
housing
See TMC Chapter 18.56, Off-street
Parking & Loading Regulations
Performance Standards: Use, activity and operations within a structure or a site
shall comply with (1) standards adopted by the Puget Sound Air Pollution Control
Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter
8.22, "Noise", and, (3) adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject to the requirements of
the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to
determine whether adverse environmental impacts have been adequately
mitigated.
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Section 27. Section 18.18.080 Amended. Ordinance Nos. 2581 §6, 1976 §35,
1872 §2, and 1758 §1 (part), as codified at TMC Section 18.18.080, "Basic Development
Standards," is hereby amended to revise the Landscaping portion of the Office (0)
District BASIC DEVELOPMENT STANDARDS table to read as follows:
OFFICE BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
- 1st Floor
10 feet
- 2nd Floor
20 feet
- 3rd Floor
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
- 1st Floor
10 feet
- 2nd Floor
20 feet
- 3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for
perimeter and parking lot landscaping requirements.
Height, maximum
3 stories or 35 feet
Off-street parking:
• Residential
See TMC 18.56, Off-street
Parking/Loading Regulations
• Office, minimum
3 per 1,000 sq. ft.
usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft.
usable floor area
• Other uses
See TMC 18.56, Off-street
Parking & Loading Regulations
Performance Standards: Use, activity and operations within a structure or a
site shall comply with (1) standards adopted by the Puget Sound Air
Pollution Control Agency for odor, dust, smoke and other airborne pollutants,
(2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for
water quality and hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act, RCW 43.21 C,
shall be evaluated to determine whether adverse environmental impacts
have been adequately mitigated.
Section 28. Section 18.20.080 Amended. Ordinance Nos. 2581 §7, 2518 §8, 1976
§39, 1872 §3, and 1758 §1 (part), as codified at TMC Section 18.20.080, "Basic
Development Standards," is hereby amended to revise the Landscaping portion of the
Residential Commercial Center (RCC) District BASIC DEVELOPMENT STANDARDS
table to read as follows:
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RCC BASIC DEVELOPMENT STANDARDS
Lot area, minimum
5,000 sq. ft.
Lot area per unit (multi -family),
minimum
3,000 sq. ft.
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Sides
5 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
• Rear
10 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for
perimeter and parking lot landscaping requirements.
Height, maximum
3 stories or 35 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Off-street parking:
• Residential
See TMC Chapter 18.56,
Off-street Parking & Loading
Regulations
• Office, minimum
3 per 1,000 sq. ft.
usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft.
usable floor area
• Other uses
See TMC Chapter 18.56, Off-street
Parking & Loading Regulations
Performance Standards: Use, activity and operations within a structure or a
site shall comply with (1) standards adopted by the Puget Sound Air Pollution
Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC
Chapter 8.22, "Noise", and (3) adopted State and Federal standards for water
quality and hazardous materials. In addition, all development subject to the
requirements of the State Environmental Policy Act, RCW 43.21 C, shall be
evaluated to determine whether adverse environmental impacts have been
adequately mitigated.
Section 29. Section 18.22.080 Amended. Ordinance Nos. 2581 §8, 1976 §42,
1872 §4, 1865 §25, 1830 §13, and 1758 §1 (part), as codified at TMC Section 18.22.080,
"Basic Development Standards," is hereby amended to revise the Landscaping portion
of the Neighborhood Commercial Center (NCC) District BASIC DEVELOPMENT
STANDARDS table to read as follows:
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NCC BASIC DEVELOPMENT STANDARDS
Lot area per unit for senior citizen housing,
minimum
726 sq. ft. (senior housing)
Setbacks to yards, minimum:
• Front
6 feet (12 feet if located along
Tukwila International Blvd. S.)
• Second front
5 feet
• Sides
10 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg.
height, setback 1 foot from
property line) min. of
10 feet and a max. of 20 feet
• Rear
10 feet
• Rear, if any portion of the yard is within
50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg.
height, setback 1 foot from
property line) min. of
10 feet and a max. of 20 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter
and parking lot landscaping requirements.
Height, maximum
3 stories or 35 feet
(4 stories or 45 feet in the NCC of
the Tukwila International Boulevard,
if a mixed use with a residential
and commercial component)
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space,
senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
housing)
See TMC 18.56, Off-street
Parking/Loading Regulations
• Office
3 per 1,000 sq. ft.
usable floor area
• Retail
2.5 per 1,000 sq. ft.
usable floor area
• Manufacturing
1 per 1,000 sq. ft.
usable floor area minimum
• Warehousing
1 per 2,000 sq. ft.
usable floor area minimum
• Other uses, including senior citizen
housing
See TMC 18.56, Off-street
Parking & Loading Regulations
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Performance Standards: Use, activity and operations within a structure or a site shall
comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency
for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3)
adopted State and Federal standards for water quality and hazardous materials. In
addition, all development subject to the requirements of the State Environmental
Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
Section 30. Section 18.24.080 Amended. Ordinance Nos. 1976 §45, 1872 §5,
1865 §31, and 1758 §1 (part), as codified at TMC Section 18.24.080, "Basic Development
Standards," is hereby amended to revise the Landscaping portion of the Regional
Commercial (RC) District BASIC DEVELOPMENT STANDARDS table to read as follows:
RC BASIC DEVELOPMENT STANDARDS
Lot area per unit (multifamily, except
senior citizen housing), minimum
2,000 sq. ft.
Where height limit is 6 stories: 622 sq. ft.
Where height limit is 10 stories: 512 sq. ft.
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Sides
10 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg.
height, setback 1 foot from
property line) min. of 10
feet and a max. of 30 feet
When 3 or more stories
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg.
height, setback 1 foot from
property line) min. of 10
feet and a max. of 30 feet
When 3 or more stories
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter
and parking lot landscaping requirements.
Height, maximum
3 stories or 35 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space, senior citizen
housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
housing)
See TMC 18.56, Off street
Parking/Loading Regulations
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• Office
3 per 1,000 sq. ft. usable floor area
minimum
• Retail
2.5 per 1,000 sq. ft. usable floor area
minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor area
minimum
• Warehousing
1 per 2,000 sq. ft. usable floor area
minimum
• Other uses, including senior citizen
housing
See TMC 18.56, Off-street Parking &
Loading Regulations
Performance Standards: Use, activity and operations within a structure or a site
shall comply with (1) standards adopted by the Puget Sound Air Pollution Control
Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise",
and, (3) adopted State and Federal standards for water quality and hazardous
materials. In addition, all development subject to the requirements of the State
Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether
adverse environmental impacts have been adequately mitigated.
Section 31. Section 18.26.080 Amended. Ordinance Nos. 1976 §47, 1872 §6,
1830 §19, and 1758 §1 (part), as codified at TMC Section 18.26.080, "Basic Development
Standards," is hereby amended to revise the Landscaping portion of the Regional
Commercial Mixed -Use (RCM) District BASIC DEVELOPMENT STANDARDS table to
read as follows:
RCM BASIC DEVELOPMENT STANDARDS
Lot area per unit (multifamily,
except senior citizen housing),
minimum
3,000 ft
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR,
HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A,
for perimeter and parking lot landscaping requirements.
Height, maximum
3 stories or 35 feet
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Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space, senior citizen
housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior
citizen housing)
See TMC 18.56, Off street
Parking/Loading Regulations
3 per 1,000 sq. ft. usable floor
area minimum
• Office
• Retail
2.5 per 1,000 sq. ft. usable floor
area minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor
area minimum
• Warehousing
1 per 2,000 sq. ft. usable floor
area minimum
• Other uses, including senior
citizen housing
See TMC 18.56, Off-street
Parking & Loading Regulations
Performance Standards: Use, activity and operations within a
structure or a site shall comply with (1) standards adopted by the
Puget Sound Air Pollution Control Agency for odor, dust, smoke and
other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted
State and Federal standards for water quality and hazardous
materials. In addition, all development subject to the requirements of
the State Environmental Policy Act, RCW 43.21 C, shall be evaluated
to determine whether adverse environmental impacts have been
adequately mitigated.
Section 32. Section 18.30.080 Amended. Ordinance Nos. 1872 §8 and 1758 §1
(part), as codified at TMC Section 18.30.080, "Basic Development Standards," is hereby
amended to revise the Landscaping portion of the Commercial/Light Industrial (C/LI)
District BASIC DEVELOPMENT STANDARDS table to read as follows:
C/LI BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Second front, if any portion
of the yard is within 50 feet
of LDR, MDR, HDR
15 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR,
HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
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• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A,
for perimeter and parking lot landscaping requirements.
Height, maximum
4 stories or 45 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor
area min.
• Office
3 per 1,000 sq. ft. usable floor
area min.
• Retail
2.5 per 1,000 sq. ft. usable floor
area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, Off-street
Parking & Loading Regulations
Performance Standards: Use, activity and operations within a
structure or a site shall comply with (1) standards adopted by the
Puget Sound Air Pollution Control Agency for odor, dust, smoke and
other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3)
adopted State and Federal standards for water quality and hazardous
materials. In addition, all development subject to the requirements of
the State Environmental Policy Act, RCW 43.21 C, shall be evaluated
to determine whether adverse environmental impacts have been
adequately mitigated.
Section 33. Section 18.32.080 Amended. Ordinance Nos. 1872 §9 and 1758 §1
(part), as codified at TMC Section 18.32.080, "Basic Development Standards," is hereby
amended to revise the Landscaping portion of the Light Industrial (LI) District BASIC
DEVELOPMENT STANDARDS table to read as follows:
LI BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR,
HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
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• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A,
for perimeter and parking lot landscaping requirements.
Height, maximum
4 stories or 45 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor
area min.
• Office
3 per 1,000 sq. ft. usable floor
area min.
• Retail
2.5 per 1,000 sq. ft. usable floor
area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, Off-street
Parking & Loading Regulations
Performance Standards: Use, activity and operations within a
structure or a site shall comply with (1) standards adopted by the
Puget Sound Air Pollution Control Agency for odor, dust, smoke and
other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3)
adopted State and Federal standards for water quality and hazardous
materials. In addition, all development subject to the requirements of
the State Environmental Policy Act, RCW 43.21 C, shall be evaluated
to determine whether adverse environmental impacts have been
adequately mitigated.
Section 34. Section 18.34.080 Amended. Ordinance Nos. 1872 §10, 1793 §2 and
1758 §1 (part), as codified at TMC Section 18.34.080, "Basic Development Standards,"
is hereby amended to revise the Landscaping portion of the Heavy Industrial (HI)
District BASIC DEVELOPMENT STANDARDS table to read as follows:
HI BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR,
HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
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• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A,
for perimeter and parking lot landscaping requirements.
Height, maximum
115 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor
area min.
• Office
3 per 1,000 sq. ft. usable floor
area min.
• Retail
2.5 per 1,000 sq. ft. usable floor
area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, Off-street
Parking & Loading Regulations
Section 35. Section 18.36.080 Amended. Ordinance Nos. 1872 §11 and 1758 §1
(part), as codified at TMC Section 18.36.080, "Basic Development Standards," is hereby
amended to revise the Landscaping portion of the Manufacturing Industrial Center —
Light (MIC/L) District BASIC DEVELOPMENT STANDARDS table to read as follows:
MIC/L BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Second front, if any portion of
the yard is within 50 feet of LDR,
MDR, HDR
15 feet
• Sides
None
• Sides, if any portion of the yard is within 50 feet of LDR, MDR,
HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
None
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
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Refer to TMC Chapter 18.52, "Landscape Requirements," Table A,
for perimeter and parking lot landscaping requirements.
Height, maximum
4 stories or 45 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor
area min.
• Office
3 per 1,000 sq. ft. usable floor
area min.
• Retail
2.5 per 1,000 sq. ft. usable floor
area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, Off-street
Parking & Loading Regulations
Performance Standards: Use, activity and operations within a
structure or a site shall comply with (1) standards adopted by the
Puget Sound Air Pollution Control Agency for odor, dust, smoke and
other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3)
adopted State and Federal standards for water quality and
hazardous materials. In addition, all development subject to the
requirements of the State Environmental Policy Act, RCW 43.21 C,
shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
Section 36. Section 18.38.080 Amended. Ordinance Nos. 1872 §12 and 1758 §1
(part), as codified at TMC Section 18.38.080, "Basic Development Standards," is hereby
amended to revise the Landscaping portion of the Manufacturing Industrial
Center/Heavy (MIC/H) District BASIC DEVELOPMENT STANDARDS table to read as
follows:
MIC/H BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Second front, if any portion of
the yard is within 50 feet of
LDR, MDR, HDR
15 feet
• Sides
None
• Sides, if any portion of the yard is within 50 feet of LDR, MDR,
HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
None
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• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A,
for perimeter and parking lot landscaping requirements.
Height, maximum
125 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor
area min.
• Office
2.5 per 1,000 sq. ft. usable floor
area min.
• Retail
2.5 per 1,000 sq. ft. usable floor
area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, Off-street
Parking & Loading Regulations
Section 37. Section 18.40.080 Amended. Ordinance Nos. 1976 §60, 1872 §13,
1830 §27, and 1758 §1 (part), as codified at TMC Section 18.40.080, "Basic Development
Standards," is hereby amended to revise the Landscaping portion of the Tukwila Valley
South (TVS) District BASIC DEVELOPMENT STANDARDS table to read as follows:
TVS BASIC DEVELOPMENT STANDARDS
Lot area per unit (multifamily,
except senior citizen housing),
minimum
2,000 sq. ft.
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for
perimeter and parking lot landscaping requirements.
Height, maximum
115 feet
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Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space, senior citizen
housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior
citizen housing)
See TMC 18.56, Off street
Parking/Loading Regulations
• Office
3 per 1,000 sq. ft. usable floor area
minimum
• Retail
4 per 1,000 sq. ft. usable floor area
minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor area
minimum
• Warehousing
1 per 2,000 sq. ft. usable floor area
minimum
• Other uses, including senior
citizen housing
See TMC 18.56, Off-street
Parking & Loading Regulations
Performance Standards: Use, activity and operations within a structure or
a site shall comply with (1) standards adopted by the Puget Sound Air
Pollution Control Agency for odor, dust, smoke and other airborne
pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal
standards for water quality and hazardous materials. In addition, all
development subject to the requirements of the State Environmental Policy
Act, RCW 43.21C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
Section 38. Table 18-6: "Land Uses Allowed by District," as codified in TMC Title
18, is hereby amended as set forth in the amended Table 18-6 attached as Exhibit A.
Section 39. Corrections by City Clerk or Code Reviser Authorized. 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 40. 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.
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Section 41. 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 F TUKWILA, WASHINGTON, at
a Regular Meeting thereof this /45/1" day of 5 fr , 2022.
ATTEST/AUTHENTICATED:
eh..tea -K7-21aire&t9
K”: bOr17.00.152,310,69,1,87..C4,0c
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
,..svjni.d v.
C/1( A52#tee
Ka, ro...0213277.31,b,,e<blo.ltr
Office of the City Attorney
an Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council: t
Published: - 'VI --
Effective Date: -
Ordinance Number: 2 "3-8
Attachment: Exhibit A, Table 18-6: Land Uses Allowed by District
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Manufacturing and industrial uses that have little potential for creating
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impacts or pollution:
A) Manufacturing, processing and/or packaging pharmaceuticals
and related products, such as cosmetics and drugs
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
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
D) Manufacturing, processing, packaging of foods, such as baked
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28. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use.
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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.
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2676-2679.
On August 15, 2022 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2676: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 8,
"PUBLIC PEACE, MORALS AND SAFETY," AND ORDINANCE NO. 2293 §13, AS
CODIFIED AT TMC SECTION 8.22.120.B, TO AMEND LANGUAGE ON PUBLIC
NOTICE REQUIREMENTS FOR RESIDENTIAL PARTIES; REPEALING ORDINANCE
NO. 2370 §13, AS CODIFIED AT TMC SECTION 8.22.120.B; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2677: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 17,
"SUBDIVISIONS AND PLATS," INCLUDING ORDINANCE NOS. 2649 §2 AND 1833 §1
(PART), AS CODIFIED AT TMC SECTION 17.08.030, "PRELIMINARYAPPROVAL," TO
ADD CLARIFYING LANGUAGE REGARDING ZONING REQUIREMENTS FOR
BOUNDARY LINE ADJUSTMENTS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2678: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING," AS DELINEATED HEREIN,
TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS
INCLUDING DEFINITIONS (TMC 18.06), AND REGULATIONS RELATED TO: NON-
RESIDENTIAL DEVELOPMENT (TMC 18.41), SHORELINE CONDITIONAL USE
PERMITS (TMC 18.44), SINGLE-FAMILY DWELLING DESIGN STANDARDS AND
EXCEPTIONS (TMC 18.50), LANDSCAPING REQUIREMENTS (TMC 18.52), TREE
EXCEPTION PERMITS AND PROCEDURES (TMC 18.54), NONCONFORMING
STRUCTURES (TMC 18.70), AND CLASSIFICATION OF PROJECT PERMIT
APPLICATIONS (TMC 18.104); AS WELL AS REVISIONS TO THE BASIC
DEVELOPMENT STANDARDS IN VARIOUS SECTIONS OF THE TMC AS DETAILED
HEREIN; AND AN UPDATE TO TABLE 18-6, "LAND USES ALLOWED BY DISTRICT;"
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2679: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 19,
"SIGN AND VISUAL COMMUNICATION CODE," INCLUDING ORDINANCE NOS. 2375
§6 AND 2303 §5 (PART), AS CODIFIED AT TMC SECTION 19.20.030.B.7;
ORDINANCE NOS. 2375 §7 AND 2303 §5 (PART), AS CODIFIED AT TMC SECTION
19.20.040; AND ORDINANCE NO. 2375 §10, AS CODIFIED AT TMC SECTION
19.32.075, TO AMEND LANGUAGE REGARDING CHANGES TO SIGN COPY AND TO
CLARIFY LANGUAGE ON FREESTANDING AND MONUMENT SIGN REGULATIONS;
ADDING A NEW DEFINITION FOR "MURAL," PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: August 18, 2022
Barbara Saxton
From: Kari Sand
Sent: Tuesday, September 13, 2022 8:51 PM
To: Barbara Saxton; Christy O'Flaherty
Cc: Andy Youn; Ana Le; Nora Gierloff; Maxwell Baker
Subject: Re: Potential Scrivener's Error (Ord. No. 2678)
Barbara - Excellent catch, and yes, this type of correction is a classic example of a scrivener's error and may be
corrected as such.
Thank you,
Kari
Kari L. Sand 1 Attorney
Ogden Murphy Wallace, PLLC
901 Fifth Avenue, Suite 3500 I Seattle, WA 98164
Direct: 206.447.2250 I Fax: 206.447.0215
ksand@omwlaw.com I www.omwlaw.com
Notice: Emails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56
RCW).
From: Barbara Saxton <Barbara.Saxton@TukwilaWA.gov>
Sent: Monday, September 12, 2022 9:42 AM
To: Kari Sand <Kari.Sand@TukwilaWA.gov>; Christy O'Flaherty <Christy.OFlaherty@TukwilaWA.gov>
Cc: Andy Youn <Andy.Youn@TukwilaWA.gov>; Ana Le <Ana.Le@TukwilaWA.gov>; Nora Gierloff
<Nora.Gierloff@TukwilaWA.gov>; Maxwell Baker <Max.Baker@TukwilaWA.gov>
Subject: Potential Scrivener's Error (Ord. No. 2678)
While reviewing the codification of the "housekeeping ordinance" for Title 18, I noted an error I made when drafting the
ordinance. Please see below.
At TMC Section 18.10.060 (LDR Basic Development Standards table): I apparently made a typo and put Ord. 1972 §4 in
the citation instead of Ord. 1971 §4.
This is the section as it currently appears in the TMC.
18.10,060 Basic Development Standards
Development within the Low -Density Residential District shall
conform to the following listed and referenced standards:
LDR BASIC DEVELOPMENT STANDARDS
Lot area. rrrvrnnf
5 . tL
' Ayer -age lot 'vykitiri (min. 20
street frontage wiogt.1:0,
minirrilliTt
!
50&et
13e,weiloprnient Area, mx1rrm
or for single family
deyelopmenri
75% on lots less than 13,000r.4. tL
up to a inarirrvian o 50350 sq. ft
L. '.:ii on lots greater than or equal to
13.000 sq.
L132C1(.5 10 YEITdS, rilinliflUirl:
• PftJelt
, 1
20.t.P.,At
• Profit decks or oorche,s
15 teet
• Second' ri-cfrl
10 feet
• &cies
. .
5 reet
• Rear
, ,,
10 teet
Height, rriaxirnurri
,
30 teet
Oft -street parking:
• Re slie (IOW
&se IMC:. CPAitotewr 16.55, Oft -street
Parking & Loading Regulations
• Accessory o'weff(rp unit See rMC Section 18.50.220
• C.11rieruses
See 1 fV;L:. Criapter 10.56, Crtf-street
Parking & Loadino Regulations
(0,11. 2581 §Z 2018 Ord. 2518 gnr2, 2046:
Ord, 1'97 §4, 200 Ord, 1758 §21 (part1 995)
This is the language from Ordinance No. 2678, where I listed one of the ordinances to be amended as 1972 §4 instead of
1971 §4.
Section-23.-Section18.10.060•Amended.--Ordinance-Nos.-2581.§2,2518-§7,1972.
§4,1- and. 1758. §1- (part),- ascodified- at. TMC. Section 18.10.060,- "Basic- Development-
Standards,"-is-hereby-amended-to.revise-the-Landscapingportion-of-the• Low-Density-
Residential-(LDR)District-BASIC-DEVELOPMENTSTANDARDS-table-to-read.asfollows:t
LDR-BASIC-DEVELOPMENT-STANDARDS11
Please advise whether it is acceptable to correct this as a Scrivener's Error. Thank you, Kari!
2