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HomeMy WebLinkAboutPlanning 2023-09-14 Item 7B - Public Hearing - Accessory Dwelling Units, Parking and Miscellaneous Updates in Title 17 & 18 - AttachmentsFormatted: Font: 13 pt Formatted: Font: Arial Narrow Formatted: Font: Arial Narrow, Not Italic Formatted: Font: 11 pt, Not Bold Formatted: Font: 11 pt Formatted: Font: Arial Narrow, No underline Formatted: Font: Arial Narrow Attachment A: Draft Code Amendments (Strikeout/Underline) .1 Accessory Dwelling Units 18.06.248 Dwelling, Single -Family "Single-family dwelling" means a building, -modular home or new manufactured home, designed to contain no more than one dwelling unit plus twoone accessory dwelling units. 18.06.016 Accessory Dwelling Unit (Ord. 2098 §1, 2005; Ord. 1976 §5, 2001; Ord. 1758 §1 (part), 1995) building on the same lot as the primary single family dwelling. An ADU is distinguishable from a duplex by being clearly subordinate to the primary dwelling unit, both in use and appearance. (Ord. 2581 §1, 2018) ;Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit, 18.50.220 Accessory Dwelling Unit (ADU) Standards A. For the purposes of this section, terms shall be defined as follows: 1. "Major transit stop" means astop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW, including but not limited to commuter rail stops, stops on rail or fixed guideway systems, including transitways, stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes, stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekdays., 2. "Principal Unit" means the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit., BA. General Standards. 1. Detached ADUs may only bc built on lots that meet the minimum lot size required in thc Zoning District thcy arc located within. Attached ADUs have no minimum lot size requirement. 21. Only one ADU, cithcr attached or dctachcd, is permitted per parcel containing a single family dwelling. Two (2) ADUs may be created per lot. The lot shall contain one (1) principal unit and a maximum of two (2) ADUs. These ADUs may be either attached or detached. 32. Attached ADUs may occupy a maximum of 40% of the square footage of the principal unit (excluding the area of any attached garage) or up to 1,000 square feet, whichever is lessgreater. materials and window type of the existing structure. 35. Detached ADUs may be a maximum of 800-1 000 square feet. -If built over a detached garage, the detached garage would not count toward the area limit for the ADU. 46. Detached ADUs may be up to 20-25 feet in height, except that an ADU built over a detached garage may bc up to 25 feet in total height., 57. ADUs are subiect to the development standards of the zoning district they are located within. Development standards relating to setbacks and development coverage do not apply to conversions of existing non -conforming structures that are proposed for ADU conversion. New ADUs are not subject to rear yard setbacks on parcels where the rear yard abuts an alley. Detached ADU5 must be set back at least as far from the street as the primary single family dwelling. This does not apply to the second front of a through or corner lot, whcrc thc unit is incorporatcd into an cxisting structure, or where there is at Ic\act 60 feet between thc existing tingle family dwclling and the front property line. Adopted 2016 — Ordinance No. 2500 Last Amended 2022 — Ordinance No. 2678 Page 1 Formatted: Font: 11 pt Formatted: Font: Arial Narrow, No underline Formatted: Font: 11 pt Formatted: Font: Arial Narrow Formatted: Font: Arial Narrow practical using clerestory windows or obscure glass. Screening with fences and landscaping can be used to limit visibility of ADUs and enhance privacy. 9.The ADU may not be cold as a condominium or otherwise segregated in ownership from the primary single family dwelling 460.ADUs may not be rented for periods of less than 30 days. B. Parking. 1. .. - _ _ - • -- - - - - -- ,._ 2. These ADU parking spaces are in addition to any parking spaces required for the primary single family dwelling. See Table 18-7 for parking requirements. 23. Tandem spaces are permitted. 1. A person who owns at least 50% of the property must physically reside in either the ADU or the primary single family dwelling. The owner's unit may not be rented to another party for any period of time. 2. The owner must provide documentation of their occupancy such as a vehicle or voting registration. Falsely certifying owner occupancy or failure to comply with the residency requirement shall result in the loss of ADU registration and penalties per TMC Chapter 5.06. 3. The owner or owners must sign and rccord an affidavit on forms provided by thc City acknowledging that this A. If the owner occupancy requirement is violated an owner shall either: a. Rc occupy one of the units, or D. Failure to comply with any of thc rcquircmcnts of this section shall be subject to enforcement and penalties as prescribed _ fOrd,2584-544,2918) A. To gain thc City's approval to establish an ADU, a property owner shall submit a registration form, sign and record an affidavit of owncr occupancy, and obtain a building permit for any necessary remodeling or construction. B. All ADUs existing prior to thc enactment of these rcquircmcnts shall apply for registration within onc y r after thc effective date of Ordinance No. 2581. Within thc onc y ar amnesty period existing ADUs may be registered without meeting onc or more of thc following standards: 1. Exceeding the permitted height for a detached ADU. 2. Exceeding the permitted area for an attached or detached ADU up to a maximum of 1,200 square feet. 3. Only providing one parking space when the ADU requires more. A. Having a roof pitch of less than 5:12. 5. Location of the ADU on the lot. C. Illegally created ADUs must be brought into compliance with thc life safcty rcquircmcnts of the Tukwila Municipal Code, International Residential Code and International Property Maintenance Code or they must be removed. D. If either the primary single family dwelling or thc ADU will be rented, a Residential Rental Business License per TMC Chapter 5.06 mutt be obtained prior to occupancy of the unit by a tenant. fOrd,2581412,204-8) 17.14.060 Unit lot subdivisions A. Sites developed or proposed to be developed with townhouses, cottage housing, compact single-family, accessory dwelling units or zero -lot line units may be subdivided into individual unit Tots. The development as a whole shall meet development standards applicable at the time the permit application is vested. Any private, usable open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves. Page 2 48 Formatted: Font: Arial Narrow Formatted: Font: (Default) Arial Narrow, 12 pt, Font color: Blue Formatted: Space After: 0 pt, Line spacing: single, Keep with next, Tab stops: 0.75", Left Formatted: Font: Arial Narrow �. ADU Parking & Parking Near Transit Requirements Figure 18-7 — Required Number of Parking Spaces for Automobiles and Bicycles MOTE: Automobile parking requirements for TUC -RC, TUC-TOD and TUC -Pond Districts are listed in TMC Section 18.28.260. pse Automobile Standard Bicycle Standard Single-family and multi family dwellings 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations as otherwise proved by this title. For multi -family, 1 space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. ) lulti-family dwelling within one-quarter mile of a transit 0.75 for each studio 1 for each one bedroom unit For multi -family, 1 space per 10 parking stalls, with a minimum of 2 stop that receives transit 2 for each unit two bedrooms or larger spaces. service at least four times per hour for twelve or more hours per day. *See RCW 36.70A.620(3) Accessory dwelling units 1 for each unit N/A [accessory dwelling units withiRone- quarter mile of a major transit stop No parking required N/A *See TMC 18.50.220(A)(1) Single-family and multi -family dwellings affordable to 0-50% 0.75 for each studio 1 for each one bedroom unit For multi -family, 1 space per 10 parking stalls, with a minimum of 2 area median income within 2 for each unittwo bedrooms,or larger spaces. No requirement for single family. one-quarter mile of a transit stop that receives transit service at least two times per hour for twelve or more hours per day. *See RCW 36.70A.620(1) Page 3 Formatted: Font: 13 pt Formatted: Font: Arial Narrow Formatted Table Formatted: Font: (Intl) Arial Narrow Formatted: Font: Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Figure 18-7 — Required Number of Parking Spaces for Automobiles and Bicycles NOTE: Automobile parking requirements for TUC -RC, TUC-TOD and TUC -Pond Districts are listed in TMC Section 18.28.260. Use Automobile Standard Bicycle Standard )vlulti-family and mixed-use residential (in the Urban Renewal Overlay (URO)) One for each dwelling unit that contains up to one bedroom. 0.5 additional spaces for every bedroom in excess of one bedroom in a multi- family dwelling unit. At least 75% of required residential parking is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. One automobile space at no charge to a car sharing program (if available) for every 50 to 200 residential spaces on site. An additional space shall be provided for developments with over 200 parking spaces. All car share spaces are in addition to required residential parking. If car sharing programs are not available when the building is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to dedicated car -sharing spaces when the program becomes available One secure, covered, ground -level bicycle parking space shall be provided for every four residential units in a mixed-use or multi -family development. Senior citizen housing For 15 units or less, 1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units. 1 space per 50 parking stalls, with a minimum of 2 spaces. Senior citizen housing and housing for 1 for 15 beds with a minimum of 2, to accommodate staff and visitors 1 space per 50 parking stalls, with a minimum of 2 spaces. persons with disabilities within one- quarter mile of a transit stop that receives transit service at least four times per hour for twelve or more hours per day. *See RCW 36.70A.620(2) ,Religious facilities, mortuaries and funeral homes 1 for each 4 fixed seats 1 space per 50 parking stalls, with a minimum of 2 spaces. Convalescent/nursing/ rest homes 1 for every 4 beds with a minimum of 10 stalls 1 space per 50 parking stalls, with a minimum of 2 spaces. food stores and markets 1 for each 300 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. fligh schools 1 for each staff member plus 2 for every 5 students or visitors 1 space per 50 parking stalls, with a minimum of 2 spaces. rospitals 1 for each bed 1 space per 50 parking stalls, with a minimum of 2 spaces. Motels, motels and extended stay 1 for each room, plus one employee space for each 20 rooms, rounded to the next highest figure 1 space per 50 parking stalls, with a minimum of 2 spaces. Use Automobile Standard Bicycle Standard ) lanufacturing 1 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. 50 Page 4 Formatted Table l Formatted: Font: (Intl) Arial Narrow Formatted: Font: Arial Narrow l Formatted: Font: (Intl) Arial Narrow l Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Right: 0.55", Line spacing: single Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: Arial Narrow Formatted: Font: (Intl) Arial Narrow Office, commercial and professional buildings, banks, dental and medical clinics 3.0 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. places of public assembly, including auditoriums, exhibition halls, community clubs, community centers, and private clubs The Director shall determine the number of required parking spaces, with a minimum of 1 space for every 100 square feet of assembly area. To ensure parking adequacy for each proposal, the Director may consider the following: a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. 1 space per 50 parking stalls, with a minimum of 2 spaces. post offices 3 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. „Restaurant 1 for each 100 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. „Restaurant, fast food 1 for each 50 square feet of usable floor area. Fifty percent of any outdoor seating area will be added to the usable floor area for parking requirement calculations. 1 space per 50 parking stalls, with a minimum of 2 spaces. „Retail sales, bulk 2.5 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. ftetail sales, general 4 for each 1,000 square feet of usable floor area if located within the TVS zoning district; 2.5 for each 1,000 square feet of usable floor area if located in any other zoning district. NOTE: Reference TMC Section 18.28.260 for TUC Districts. 1 space per 50 parking stalls, with a minimum of 2 spaces. „Schools, elementary & junior high 1.5 for each staff member 1 space per classroom „Shopping center (mall), planned, per usable floor area size, as listed below: „500,000 sq. ft or larger 5 for every 1,000 square feet. 1 space per 50 parking stalls, with a minimum of 2 spaces. 25,000 — 499,999 sq. ft. 4 for every 1,000 square feet 1 space per 50 parking stalls, with a minimum of 2 spaces. Taverns 1 for every 4 persons based on occupancy load. 1 space per 50 parking stalls, with a minimum of 2 spaces. Theaters 1 for every 4 fixed seats. If seats are not fixed, 1 per 3 seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy 1 space per 100 seats, with a minimum.. of 2 spaces. Warehousing 1 for every 2,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Page 5 Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow [ Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow [ Formatted: Font: (Intl) Arial Narrow [ Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: (Intl) Arial Narrow Formatted: Font: Arial Narrow 3. Comprehensive Plan and Development Regulation Amendments Chapter 18.80A4mendments To The Comprehensive Plan Sections: 18.80.010 Application 18.80.015 Documents to be Submitted with Application 18.80.020 Comprehensive Plan Amendment Docket 18.80.030 Notice and Comment 18.80.040 Staff Report 18.80.050 Review Procedures for Docket Requests 18.80.060 Council Decision 18.80.010 Application A. Any interested person (including applicants, - residents, City staff and officials, and staff of other agencies) may submit an application for an text amendment to either the Comprehensive Plan of -the to the Department . Such applications, except site specific rezones along with the underlying Comprehensive Plan map change, are for—legislative decisions and are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. In addition to the requirements of TMC Section 18.80.015, Tthe application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current Comprehensive Plan or development regulations are deficient or should not continue in effect; 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City:s water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. (Ord. 2368 §64, 2012; Ord. 1770 §52, 1996; Ord. 1758 §1 (part), 1995) Page 6 52 Formatted: Font: 13 pt Formatted: Font: Not Italic Formatted: Indent: First line: 0" 1 1 ■ A. Applications for amendments to the Comprehensive Plan or development regulations shall provide the following documents in such quantities as arc specified by thc Dcpartmcnt: 1. An application form provided by the Department. 2. King County Assessor subject of thc proposed amendment. 3. Two sets of mailing labels for all property owners and occupants (businesses and residents), including tenants in multiple occupancy structures, within 300 fcct of the subject property, or pay a fee to the City for generating mailing labels. /1. A vicinity map showing the location of thc site. 5. A surrounding area map showing Comprehensive Plan designations, zoning designations, shoreline designations, if applicable, and cxisting land uses within a 1,000 foot radius from thc site"s property lines. 6. A site plan, including such details as may be required by the Department. 7. A landscaping plan, including such details as may be required by the Department. 8. Building elevations of proposed structures, including such details as may be required by the Department. 9. Such photomatcrial transfer or photostat of thc maps, site plan and building elevation, including such details ac 10. Such other information as the applicant determines may be helpful in evaluating the proposal, including color B. The Department shall have the authority to waive any of the requirements of this section for proposed amendments that arc not site specific or whcn, in thc Dcpartmcnt"c discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. 18.80.020 Comprehensive Plan Amendment Docket A. Purpose. The purpose of this section is to establish procedures, pursuant to RCW 36.70A, for the review and amendment of the Comprehensive Plan. ! -- 1. The Growth Management Act, RCW 36.70A, provides that the Comprehensive Plan amendments be considered no more than once a year with limited exceptions. The Growth Management Act further provides that all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. 2. The Annual Comprehensive Amendment Review Docket ("Annual Review Docket") will establish the annual list of proposed Comprehensive Plan amendments and related development regulations that the City Council determines should be included for review and consideration for any given year. 3. Placement of an amendment request on the Annual Review Docket does not mean the amendment request will be approved by the City Council. B. If either the Department or the Council determines that a proposed change -may -14e is an emergency, the Department shall prepare the staff report described below and forward the proposed change to the Council for immediate consideration, subject to the procedural requirements for consideration of amendments. -An emergency amendment is a proposed change or revision that necessitates expeditious action to address one or more of the following criteria: 1. Preserve the health, safety or welfare of the public. 2. Support the social, economic or environmental well-being of the City. 3. Address the absence of adequate and available public facilities or services. 4. Respond to decisions by the Central Puget Sound Growth Management Hearings Board, the state or federal courts, or actions of a state agency or the legislature. BC. Non -emergency changes shall be compiled and submitted to the Council for review on an annual basis in March to establish items to be included on the annual docket, and so that cumulative effects of the proposals can be determined.- Proposed changes received by the Department after January 1 of any year shall be held over for the following years review, unless -he Council -or the Department determines the proposed change_ may-beis an emergency. (Ord. 2071 §1, 2004; Ord. 1770 §54, 1996; Ord. 1758 §1 (part), 1995) 18.80.030 Notice and Comment The docket of proposed changes shall be posted on the Department of Community Development's website and pasted -in the offices of the Department and made available to any interested person. -At least fourweeks28 days -prior to the Councils annual consideration of the changes proposed on the docket, the City shall publish a notice in a newspaper of general circulation in the City, generally describing the proposed changes including areas affected, soliciting written public input to the Department of Page 7 Formatted: Left, Indent: First line: 0", Keep with next, Tab stops: 0.75", Left + Not at 0.5" + 0.56" Community Development on the proposed changes, and identifying the date on which the Council will consider the proposed changes to be considered.. (Ord. 1758 §1 (part), 1995) 18.80.040 Staff Report A. At least two wccks14 days -prior to Council consideration of any proposed amendment to cithcr the Csomprehensive Pplan or development rcgulationo, the Department shall prepare and submit to the Council a staff report wh oh -that addresses the following: 1. the issues set forth in this chapterAn evaluation of the application material; 2. Ifmpact upon the Tukwila Comprehensive Plan and zoning code; 3. !impact upon surrounding properties, if applicable; 4. Aalternatives to the proposed amendment; and 5. Aappropriate code citations and other relevant documents. B. The Departments report shall transmit a copy of the application for each proposed amendment, any written comments on the proposals received by the Department, and shall contain the Departments recommendation on adoption, rejection, or deferral of each proposed change. (Ord. 1758 §1 (part), 1995) Page 8 54 18.80.050 Review Procedure for Comprehensive Plan Docket Requests A. The City Council shall consider each request for an amendment to either the Comprehensive Plan or development regulations, except site specific rezones along with the request for a Comprehensive Plan map change, at a public—Council meeting, at which the applicant will be allowed to make a presentation. Aany person may submitting a written comment on the proposed change or : make an responsive oral presentation. Such opportunities for oral presentation shall be subject to reasonable time limitations established by the Council. B. The Council will consider the following in deciding what action to take regarding any proposed amendment: 1. Is the issue already adequately addressed in the Comprehensive Plan? 2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? 3. Is the proposed change the best means for meeting the identified public need? 4. Will the proposed change result in a net benefit to the community? C. Following Council consideration as provided by TMC Sections 18.80.050A and 18.80.050B, the City Council shall take action as follows: 1. Add the proposed amendment to the Annual Review Docket and rRefer • - :::: -:. • . it to the Planning Commission for further review and a recommendation to the City Council; 2. Defer further Council consideration for one or more years to allow the City further time to evaluate the application of the existing plan or regulations and consider it as part of a future Annual Review Docket; or 3. Reject the proposed amendment. (Ord. 2368 §66, 2012; Ord. 1856 §1, 1998; Ord. 1770 §55, 1996; Ord. 1758 §1 (part), 1995) Chapter 18.82 AMENDMENTS TO DEVELOPMENT REGULATIONS Sections: 18.82.010 Application 18.82.020 Review Procedures 18.82.030 Staff Report 18.82.040 Council Decisiort 18.82.010 Application, Any interested person (including applicants, residents, City staff and officials, and staff of other agencies) may submit an application for a text amendment to the Tukwila Municipal Code development regulations to the Department. Such applications are legislative decisions and are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. The application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current regulations are deficient or should not continue in effect; 4. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, stormwater or shoreline plans) if the proposed amendment is adopted; 5. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 6. A statement of what other changes, if any, are required in other City codes plans or regulations to implement the proposed change. 18.82.020 Review Procedures The following shall apply to processing a text amendment to development regulations: 1. The City Council shall either forward the amendment to the Planning Commission for a recommendation or reject the amendment Page 9 Formatted: Font: Arial Narrow Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Arial Narrow [ Formatted: Font: Arial Narrow, Bold Formatted: Font: Arial Narrow, Bold [ Formatted: Font: Arial Narrow Formatted: Font: Arial Narrow 55 2. If the Planning Commission is directed to review the amendment, the Planning Commission shall, after considering the amendment at a public hearing, vote and forward a written recommendation to the City Council. 3. The Planning Commission's written recommendation shall be presented to the City Council unchanged and accompanied by an Informational Memorandum that includes any staff proposed changes to the Planning Commission's recommendation. If any of staffs proposed changes are substantively different from the Planning Commission's recommendation, the City Council may remand the changes to the Planning Commission before proceeding further with action on the amendment. 4. At least one public hearing shall be held before the Planning Commission prior to the City Council acting on an amendment. An additional hearing before the City Council may be held at the Council's discretion. 5. At least 14 days prior to the public hearing the City shall publish a notice in the City's newspaper of record generally describing the proposed changes including areas affected, soliciting written public input to. the Department on the proposed changes, and identifying the date on which the proposed changes will be considered. 18.82.030 Staff Report A. Prior to consideration of any proposed amendment, the Department shall prepare and submit to the reviewing body a staff report that addresses the following: 1. An evaluation of the application materials; 2. Impact upon the Tukwila Comprehensive Plan and Zoning Code; 3. Impact upon surrounding properties, if applicable; 4. Alternatives to the proposed amendment; and 5. Appropriate code citations and other relevant documents. B. The Department's report shall transmit a copy of the application for each proposed amendment, any written comments on the proposals received by the Department, and shall contain the Department's recommendation on adoption, rejection, or deferral of each proposed change. 18.82.040 Council Decision Following receipt of the Planning Commission's recommendation on a proposed amendment »the City Council may: 1. Adopt the amendment as proposed; 2. Modify and adopt the proposed amendment; 3. Remand to the Planning Commission for further proceedings; or 4. Deny the proposed amendment. 18.84.010 Application Submittal Applications for rezone of property, along with the request for a Comprehensive Plan map change, shall be submitted to the Department of Community Dovolopmont Proposed changes received by the Department after January 1 of any year shall be held over for the following year's review. A -sSite specific rezone and the accompanying Comprehensive Plan map change application shall be a Type 5 decision processed in accordance with the provisions of TMC Section 18.108.050. (Ord. 2368 07, 2012; Ord. 2116 §1 (part), 2006) 18.84.040 ArdinancoReguiredCouncil Decision A. After holding a public hearing and evaluating the application against the criteria at TMC Section 18.84.020, the City Council may: 1. Adopt the rezone and map amendment as proposed; 2. Modify or condition the proposed rezone and map amendment; or Page 10 56 Formatted: Font: Arial Narrow Formatted: No bullets or numbering Formatted: Font: Arial Narrow Formatted: Font: Arial Narrow 3. Deny the proposed rezone and map amendment. b. Action under TMC Chapter 18.84, which amends the official Zoning Map, shall require the adoption of an ordinance by the City Council pursuant to the Tukwila Municipal Code and State law. Due to the Growth Management Act, RCW 36.70A, which provides that Comprehensive Plan amendments be considered no more frequently than once a year, any rezone ordinance must be adopted by the Council concurrently with action on the Annual Review Docket items. (Ord. 2116 §1 (part), 2006) Page 11 57 �4. Home Occupation Standards Definitions Section, 18.06 18.06.430 Home Occupation ;Home occupation" means 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 byaresidentofthedwelling place_; provided, that: 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupations shall not create a nuisance; d. Noequipment orproccccshall bcmod insuch homcoccupation which cr atcsnoicc,vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off thc lot; 5. The business involves no more than one person who is not a resident of the dwelling; and 6. An off street parking space shall be made available for any non resident employee. New Section in Supplemental Development Standards, 18.50 18.50.240 Home Occupations .............. 21. Home occupations shall meet the following standards: 1. There shall be no change in the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building. This provision shall not apply to adult family homes defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; 3. Traffic generated by a home occupation shall not exceed two (2) visitors at any given time, and no more than eight (8) total two-way visitor and non-resident employee trips per day; 4. The number of vehicles associated with a,home-occupation shall not exceed two (2) vehicles and must be parked on-site, Vehicles associated with the business shall not exceed: a. A gross vehicle weight of 10,000 pounds; b. A height of ten (10) feet; or c. A length of 22 feet; 5. An off-street parking space shall be made available for any non-resident employee. All Rparkinq spaces shall meet all development standards; 6. The business shall not involve more than one person who is not a resident of the dwelling. This provision shall not apply to adult family homes defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; and 58 7. Outdoor storage of materials associated with the home occupation is prohibited. Page 12 Formatted: Font: Arial Narrow Formatted: Font: 13 pt [ Formatted: Font: Arial Narrow Formatted: Font: Arial Narrow, Bold [ Formatted: Font: Arial Narrow Formatted: Font: Arial Narrow Formatted: Font: Arial Narrow, Bold, No underline Formatted: Font: Arial Narrow, Bold, No underline Formatted: Font: Arial Narrow, No underline Formatted: Font: (Default) Arial Narrow Formatted: Font: (Default) Arial Narrow Formatted: Indent: First line: 0.65" Formatted: Font: (Default) Arial Narrow Formatted: Indent: Left: 1" Formatted: Font: Arial Narrow Formatted: Font: Arial Narrow, No underline Formatted: Font: Arial Narrow Formatted: Indent: Left: 0" Page 13 59 5. Wireless Communication Facility Permit Application Types and Procedures CHAPTER 18.104 PERMIT APPLICATION TYPES AND PROCEDURES Sections: 18.104.010 Classification of Project Permit Applications 18.104.020 Consolidation of SEPA Procedures and Appeals 18.104.030 Consolidation of Permit Applications 18.104.040 Relationship to SEPA 18.104.050 Pre -application Conferences 18.104.060 Application Requirements 18.104.070 Notice of Complete Application to Applicant 18.104.080 Notice of Application - Contents 18.104.090 Notice of Application - Procedure 18.104.100 Party of Record 18.104.110 Posted Notice 18.104.120 Mailed Notice 18.104.130 Time Periods for Permit Issuance 18.104.140 Applications - Modifications to Proposal 18.104.150 Vesting 18.104.160 Hearing scheduling - Notice of Hearing 18.104.170 Notice of Decision 18.104.180 Referral to Other City Departments 18.104.190 Date of Mailing 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. Page 14 60 Formatted: Font: 13 pt Formatted: Font: Arial Narrow TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Administrative Variance for Noise — 30 days or less (TMC Section 8.22.120) Community Development Director Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter As specified by ordinance Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) Community Development Director Minor Modification of a Boundary Line Adjustment or Lot Consolidation Preliminary Approval (TMC Section 17.08.030) Community Development Director Development Permit Building Official Minor modification to design review approval (TMC Section 18.60.030) Community Development Director Minor Modification to PRD (TMC Section 18.46.130) Community Development Director Tree Permit (TMC Chapter 18.54) Community Development Director Wireless Communication Facility, Miner Eligible Facilities Community Development Director (TMC Chapter 18.58) 2. TYPE 2 DECISIONS are decisions that are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review (TMC Section 18.60.030) Community Development Director Board of Architectural Review Administrative Planned Residential Development (TMC Section 18.46.110) Short Plat Committee Hearing Examiner Administrative Variance for Noise — 31-60 days (TMC Section 8.22.120) Community Development Director Hearing Examiner Binding Site Improvement Plan (TMC Chapter 17.16) Short Plat Committee Hearing Examiner Page 15 61 TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Cargo Container Placement (TMC Section 18.50.060) Community Development Director Hearing Examiner Code Interpretation (TMC Section 18.90.010) Community Development Director Hearing Examiner Exception from Single -Family Design Standard (TMC Section 18.50.050) Community Development Director Hearing Examiner Modification to Development Standards (TMC Section 18.41.100) Community Development Director Hearing Examiner Parking standard for use not specified (TMC Section 18.56.100), and modifications to certain parking standards (TMC Sections 18.56.065, .070, .120) Community Development Director Hearing Examiner Critical Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Community Development Director Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shorelines Hearings Board Shoreline Tree Permit Community Development Director Hearing Examiner Short Plat (TMC Chapter 17.12) Short Plat Committee Hearing Examiner Minor Modification of a Short Plat Preliminary Approval (TMC Section 17.12.020) Community Development Director Hearing Examiner Minor Modification of a Subdivision Preliminary Plat (TMC Section 17.14.020) Community Development Director Hearing Examiner Subdivision — Final Plat (TMC Section 17.14.030) Community Development Director Hearing Examiner Modification to TUC Corridor Standards (TMC Section 18.28.110.C) Community Development Director Hearing Examiner Modification to TUC Open Space Standards (TMC Section 18.28.250.D.4.d) Community Development Director Hearing Examiner Transit Reduction to Parking Requirements (TMC Section 18.28.260,B.5.b) Community Development Director Hearing Examiner WicelessGemmunisatien Fasility,Miner {TMC Chaptcr 18.58) Community Deno, Direeter u Examiner Wireless Communication Community Development Director Hearing Examiner Facility Macro Facilities — No New Tower (TMC 18.58.060) Page 16 62 3. TYPE 3 DECISIONS are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Resolve uncertain zone district boundary Hearing Examiner Superior Court Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Superior Court TSO Special Permission Use (TMC Section 18.41.060) Hearing Examiner Superior Court Conditional Use Permit Hearing Examiner Superior Court Modifications to Certain Parking Standards (TMC Chapter 18.56) Hearing Examiner Superior Court Reasonable Use Exceptions under Critical Areas Ordinance (TMC Section 18.45.180) Hearing Examiner Sup erior Court Variance for Noise in excess of 60 days (TMC Section 8.22.120) Hearing Examiner Superior Court Variance from Parking Standards over 10% (TMC Section 18.56.140) Hearing Examiner Superior Court Subdivision — Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Hearing Examiner Superior Court Subdivision Phasing Plan (TMC Section 17.14.040) Hearing Examiner Superior Court Wireless Communication Facility, Maon-er Waiver Roguect Macro Facilityics or -New Hearing Examiner Superior Court Towers (TMC Chapter 18.58.070) Shoreline Conditional Use Permit Hearing Examiner State Shorelines Hearings Board Page 17 63 Page 18 64 6. Variance Requirements for Lot Area 18.70.030 Substandard Lots A. A lot, as defined in TMC 18.06.500, which does not meet the minimum standard for average lot width and/or minimum lot area for the zone in which it is located, may still be developed, without the need for a variance, as a separate lot if the proposed use is one which is permitted in the zone, and the proposed development can comply with the remaining requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards (othcr than lot width) for the applicable zone and othcr applicable land use and environmental requirements, may be developed only if it is combined with development standards for the applicable zone and other applicable land use and environmental requirements. In thc event lots arc combined in order to comply with thc requirements of this subsection, a boundary line adjustmcnt shall occur so that the BG. Nothing in this subsection shall be deemed to prevent the owner of a sub -standard lot from applying for or receiving approval of variances pursuant to TMC Chapter 18.72_ Page 19 Formatted: Font: 13 pt Formatted: Font: Arial Narrow Formatted: Normal, No bullets or numbering 7. Amend Footnote Referencing Tukwila South Residential Design Manual Table 18-6, note #14 Exhibit A — Table 18-6: Land Uses Allowed by District See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) AL LDR MDR M. HDR MUO 0 RCC NCC RC AIL 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) 11 U U U U U U Amusement Parks C C C C C C P Animal rendering U P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs = no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P PPP P P P 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 P P Boarding Homes C C Brew Pubs P P CPP P PPPP P PP Adopted 2016 — Ordinance No. 2500 Last Amended 2022 — Ordinance No. 2678 66 Page 20 ( Formatted: Font: (Default) Arial Narrow Formatted: Left: 0.39", Right: 0.44", Top: 0.72", Bottom: 0.68", Width: 11", Height: 8.5" Formatted: List Paragraph, Indent: Left: 0.5" Formatted: Font: 13 pt Formatted: Font: Arial Narrow, 12 pt, Bold l Formatted: Font: Arial Narrow Bus stations P P P P P P P P P P Cargo containers (*see also TMC 18.50.060) A&S A&S A&S A&S A&S A&S P P P P P Cement manufacturing U U U U U U Cemeteries and crematories C C C C C C C C C C C C Colleges and universities C C C C C C C C C6 C6 C6 P Commercial laundries P P P P P P P Commercial Parking (Commercial parking is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged. TMC Section 18.06.613) P7 P7 P7 P7 P7 P8 P8 P8 Page 21 67 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO 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 PPP P PPPPP PPP 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 Domestic Shelter P P P P P Dormitory C C C A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 Drive-in theatres C C C C C C Dwelling — Detached single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per existing lot permitted in MUO, 0, RCC, NCC, TVS. P P P P P P P P P14 Dwelling- Detached Zero -Lot Line Units P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units P P14 Dwelling -Townhouses P P14 Dwelling —Multi -family P P14& P14 Dwelling — Multi -family units above office and retail uses P P P P C156 22/ P44 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 standards P 60/ac p 60/ac p 60/ ac P 60/ac p 60/ac C156 100/ ac P14 Dwelling unit — Accessory 17 A A A Electrical Substation — Distribution C C C C C CC CCCCC CCP Electrical Substation —Transmission/Switching U U U U Page 22 68 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) 1 LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO J Electric Vehicle Charging Station — Level 1 and Level 2 A A A P P PPP P PPPP P P P Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) A A A A A APP P PPPP P PP Emergency Housing P378 P378 P378 P37 P37 P378 P378 P378 P37 Emergency Shelter P378 P378 P378 P37 P37 P378 P378 P378 P37 Essential public facilities, except those uses listed separately in any of the other zones U UUUUU UUU Extended -stay hotel P345 P P P P P P Farming and farm -related activities P P Fire & Police Stations C C C C CCCC CCCCC CCP Fraternal organizations P P CPP P PPP 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 sq./ft 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 (Permitted in dwellings as covered in TMC Section 18.06.430.) A A A A A A A A A A Hospitals C C C C C C C C P Hotels P345 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 PPP P PPPPP P P P Libraries, museums, or art galleries (public) C C P P PCP P PPPPP PPP Manuf./Mobile home park 18 C P Page 23 69 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS 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 P189 p PPPPP p PP 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 P189 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 P189 p p p pp p P P P D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) i)) Fermenting and distilling included p p p p ii)) No fermenting and distilling P189 P P P P P Manufacturing and industrial uses that have moderate to substantial potential for creating off-site noise, smoke, dust, vibration or other external environmental impacts: (A) Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C CPC 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 C P 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 CC p p p P C D) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment P PPP p C E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C P Page 24 70 Formatted: Tab stops: 0.75", Left P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Manufacturing that includes rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C C P C P C C 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 P19 Mass transit facilities U U U U UUUU UUUUU UUU Medical and dental laboratories P P P P P P P P P Minor expansion of an existing warehouse 21 S Mortician and funeral homes P P P P P P C Motels P PPPPC CPP Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, computer software development, business, e.g. travel, real estate & commercial P223 P P223 P234 P P P P P P9 C30 P24& C256 P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing p 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/Payday lender C C P P P P P Permanent Supportive Housing P389 P389 P389- P389- P389 P389 P389 P389 P389 P389 P38 P38 P389 P389 P389 P38 Planned Shopping Center (mall) P P P P P P P26 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 25 71 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 `8.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Recreation facilities (commercial — indoor) — athletic or health clubs P P PP P P P P C3 PPP Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges C P P P P P P 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 CCCC 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 PPPP 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 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 P36 P PPP P P P P 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 AA A A AAAA A AA Restaurants, drive-through permitted P356 P PPP P P PP Restaurants, drive-through not permitted P P C P Retail, General P P4 P P356 P356 P P P P C3 C3 P P 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 Sanitariums, or similar institutes C Schools and studios for education or self-improvement p p PP p p p p p p9 P278 PP Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C C C C CC C C C C p (public only) Secure community transition facility 29 U Page 26 72 rFnrmaltarl• Wirith• 11" Haight• R S" I' = 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/LI LI HI MIC/L MIC/H TVS TSO PRO Self -storage facilities P p P p P P P P P ( Formatted Table Sewage lift station U U U U U U U P Shelter P P P P P a._._. Formatted Table Stable (private) A2930 A2939 A2930 P Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and creened 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 eet 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 —averns, nightclubs P P P P P P301 P304 P P I Formatted: Font: (Default) +Body (Calibri) —elephone exchanges P P PP P ' ) ) P PP !( Formatted: Font: (Default) +Body (Calibri), 9 pt —heaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code P P P P P P P P31 l Formatted: Font: (Default) +Body (Calibri), 9 pt —ow -truck operations, subject to all additional State and local P P P P P P P ( L Formatted: Indent: Left: 0.19" I eeulations ransfer stations (refuse and garbage) when operated by a public U U U U _. [ Formatted: Font: (Default) +Body (Calibri) -ransitional Housing P389 P384 P389 P384 P388 P388 P388 P384 P388 P388 P38 P38 P388 P389 P389 P38 Formatted: Font: (Default) +Body (Calibri) ruck terminals p p p p p p ( Formatted: Font: (Default) +Body (Calibri), 9 pt Utilities, regional C { Formatted: Font: (Default) +Body (Calibri), 9 pt Vehicle sales lot2 P324 P P P P P P ( Formatted: Indent: Left: 0.19" Vehicle service station P334 P334 P P P P P P P P ( Formatted: Font: (Default) +Body (Calibri) Vehicle storage (no customers onsite, does not include park -and -fly P Formatted: Font: (Default) +Body (Calibri) Warehouse storage and/or wholesale distribution facilities P P P P P P P P ....* Formatted: Font: (Default) +Body (Calibri), 9 pt Water pump station _...I U U U U U U 2 : ' Formatted: Font: (Default) +Body (Calibri), 9 pt Water utility reservoir and related facilities _...I U U U U U U .:1 ' Formatted: Indent: Left: 0.19" Formatted: Font: (Default) +Body (Calibri) Wireless Telecommunications Facilities (*see TMC Ch. 18.58) P P P P P P P P P P P P P P Pt Formatted: Font: (Default) +Body (Calibri) 19. 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 145. 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. 156. 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. 167. See TMC Section 18.50.220 for accessory dwelling unit standards. 198. Manufactured/mobile home park, meeting the following requirements: a. b. c. d. the development site shall comprise not less than two contiguous acres; overall development density shall not exceed eight dwelling units per acre; vehicular access to individual dwelling units shall be from the interior of the park; and emergency access shall be subject to the approval of the Tukwila Fire Department. 189. 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; 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. g• 1929. Where the underlying zoning is HI or TVS. 204. 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; 74 Formatted: Font: (Default) +Body (Calibri), 9 pt Formatted: Font: (Default) +Body (Calibri), 9 pt Formatted: Font: (Default) +Body (Calibri) c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 212. 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. 223. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 234. 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. 245. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 75 256. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive 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. 267. Planned shopping center (mall) up to 500,000 square feet. 278. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 289. 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. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 2930. 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. 301-. No night clubs. 76 312. Theaters for live performances, 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. 323. 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. 334. Allowed; however, if in the TIB Study Area, as set forth in Figure 18-60, the following conditions apply: Outdoor storage of vehicles, tires, or other materials used for service is not permitted. Gas stations are permitted if the pumps and parking are located behind the building, the pumps meet the setback requirements, and the pumps comply with building and fire codes. Queuing lanes are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB Study Area. Pre-existing legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide effective visual screening of the parking and outdoor stored materials from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 345. 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. 356. Allowed, however if in the TIB Study area, as set forth in Figure 18-60, the following conditions apply: Drive-through facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side street, where feasible. 367. 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. 378. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270. 389. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270. Formatted: Font: Arial Narrow, 11 pt Formatted: Font: Arial Narrow 77 78 Attachment B: Draft Code Amendments (Changes Integrated) 1. Accessory Dwelling Units 18.06.248 Dwelling, Single -Family "Single-family dwelling" means a building, modular home or new manufactured home, designed to contain no more than one dwelling unit plus two accessory dwelling units. (Ord. 2098 §1, 2005; Ord. 1976 §5, 2001; Ord. 1758 §1 (part), 1995) 18.06.016 Accessory Dwelling Unit (Ord. 2581 §1, 2018) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. 18.50.220 Accessory Dwelling Unit (ADU) Standards A. For the purposes of this section, terms shall be defined as follows: 1. "Major transit stop" means a stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW, including but not limited to commuter rail stops, stops on rail or fixed guideway systems, including transitways, stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes, stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekdays. 2. "Principal Unit" means the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit. B. General Standards. 1. Two (2) ADUs may be created per lot. The lot shall contain one (1) principal unit and a maximum of two (2) ADUs. These ADUs may be either attached or detached. 2. Attached ADUs may occupy a maximum of 40% of the square footage of the principal unit (excluding the area of any attached garage) or up to 1,000 square feet, whichever is greater. 3. Detached ADUs may be a maximum of 1,000 square feet. If built over a detached garage, the detached garage would not count toward the area limit for the ADU. 4. Detached ADUs may be up to 25 feet in height. 5. ADUs are subject to the development standards of the zoning district they are located within. Development standards relating to setbacks and development coverage do not apply to conversions of existing non -conforming structures that are proposed for ADU conversion. New ADUs are not subject to rear yard setbacks on parcels where the rear yard abuts an alley._ 6. ADUs may not be rented for periods of less than 30 days. B. Parking. 1.See Table 18-7 for parking requirements. 2. Tandem spaces are permitted. 17.14.060 Unit lot subdivisions A. Sites developed or proposed to be developed with townhouses, cottage housing, compact single-family, accessory dwelling units, or zero -lot line units may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. Any private, usable open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves. Adopted 2016 — Ordinance No. 2500 Last Amended 2022 — Ordinance No. 2678 Page 1 79 2. ADU Parking & Parking Near Transit Requirements Figure 18-7 — Required Number of Parking Spaces for Automobiles and Bicycles NOTE: Automobile parking requirements for TUC -RC, TUC-TOD and TUC -Pond Districts are listed in TMC Section 18.28.260. Use Automobile Standard Bicycle Standard Single-family and multi -family dwellings 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations as otherwise proved by this title. For multi -family, 1 space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. Multi -family dwelling within one-quarter mile of a transit stop that receives transit service at least four times per hour for twelve or more hours per day. *See RCW 36.70A.620(3) 0.75 for each studio 1 for each one bedroom unit 2 for each unit two bedrooms or larger For multi -family, 1 space per 10 parking stalls, with a minimum of 2 spaces. Accessory dwelling units 1 for each unit N/A Accessory dwelling units within one- quarter mile of a major transit stop *See TMC 18.50.220(A)(1) No parking required N/A Single-family and multi -family dwellings affordable to 0-50% area median income within one-quarter mile of a transit stop that receives transit service at least two times per hour for twelve or more hours per day. *See RCW 36.70A.620(1) 0.75 for each studio 1 for each one bedroom unit 2 for each unit two bedrooms or larger For multi -family, 1 space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. 80 Page 2 Figure 18-7 — Required Number of Parking Spaces for Automobiles and Bicycles NOTE: Automobile parking requirements for TUC -RC, TUC-TOD and TUC -Pond Districts are listed in TMC Section 18.28.260. Use Automobile Standard Bicycle Standard Multi -family and mixed-use residential (in the Urban Renewal Overlay (URO)) One for each dwelling unit that contains up to one bedroom. 0.5 additional spaces for every bedroom in excess of one bedroom in a multi- family dwelling unit. At least 75% of required residential parking is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. One automobile space at no charge to a car sharing program (if available) for every 50 to 200 residential spaces on site. An additional space shall be provided for developments with over 200 parking spaces. All car share spaces are in addition to required residential parking. If car sharing programs are not available when the building is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to dedicated car -sharing spaces when the program becomes available One secure, covered, ground -level bicycle parking space shall be provided for every four residential units in a mixed-use or multi -family development. Senior citizen housing For 15 units or less, 1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units. 1 space per 50 parking stalls, with a minimum of 2 spaces. Senior citizen housing and housing for persons with disabilities within one- quarter mile of a transit stop that receives transit service at least four times per hour for twelve or more hours per day. *See RCW 36.70A.620(2) 1 for 15 beds with a minimum of 2, to accommodate staff and visitors 1 space per 50 parking stalls, with a minimum of 2 spaces. Religious facilities, mortuaries and funeral homes 1 for each 4 fixed seats 1 space per 50 parking stalls, with a minimum of 2 spaces. Convalescent/nursing/ rest homes 1 for every 4 beds with a minimum of 10 stalls 1 space per 50 parking stalls, with a minimum of 2 spaces. Food stores and markets 1 for each 300 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. High schools 1 for each staff member plus 2 for every 5 students or visitors 1 space per 50 parking stalls, with a minimum of 2 spaces. Hospitals 1 for each bed 1 space per 50 parking stalls, with a minimum of 2 spaces. Hotels, motels and extended stay 1 for each room, plus one employee space for each 20 rooms, rounded to the next highest figure 1 space per 50 parking stalls, with a minimum of 2 spaces. Use Automobile Standard Bicycle Standard Manufacturing 1 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. 81 Page 3 Office, commercial and professional buildings, banks, dental and medical clinics 3.0 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Places of public assembly, including auditoriums, exhibition halls, community clubs, community centers, and private clubs The Director shall determine the number of required parking spaces, with a minimum of 1 space for every 100 square feet of assembly area. To ensure parking adequacy for each proposal, the Director may consider the following: a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. 1 space per 50 parking stalls, with a minimum of 2 spaces. Post offices 3 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Restaurant 1 for each 100 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Restaurant, fast food 1 for each 50 square feet of usable floor area. Fifty percent of any outdoor seating area will be added to the usable floor area for parking requirement calculations. 1 space per 50 parking stalls, with a minimum of 2 spaces. Retail sales, bulk 2.5 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Retail sales, general 4 for each 1,000 square feet of usable floor area if located within the TVS zoning district; 2.5 for each 1,000 square feet of usable floor area if located in any other zoning district. NOTE: Reference TMC Section 18.28.260 for TUC Districts. 1 space per 50 parking stalls, with a minimum of 2 spaces. Schools, elementary & junior high 1.5 for each staff member 1 space per classroom Shopping center (mall), planned, per usable floor area size, as listed below: 500,000 sq. ft. or larger 5 for every 1,000 square feet 1 space per 50 parking stalls, with a minimum of 2 spaces. 25,000 — 499,999 sq. ft. 4 for every 1,000 square feet 1 space per 50 parking stalls, with a minimum of 2 spaces. Taverns 1 for every 4 persons based on occupancy load. 1 space per 50 parking stalls, with a minimum of 2 spaces. Theaters 1 for every 4 fixed seats. If seats are not fixed, 1 per 3 seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy 1 space per 100 seats, with a minimum of 2 spaces. Warehousing 1 for every 2,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. 82 Page 4 3. Comprehensive Plan and Development Regulation Amendments Chapter 18.80 Amendments To The Comprehensive Plan Sections: 18.80.010 Application 18.80.020 Comprehensive Plan Amendment Docket 18.80.030 Notice and Comment 18.80.040 Staff Report 18.80.050 Review Procedures for Docket Requests 18.80.060 Council Decision 18.80.010 Application A. Any interested person (including applicants, residents, City staff and officials, and staff of other agencies) may submit an application for a text amendment to the Comprehensive Plan to the Department. Such applications, except site specific rezones along with the underlying Comprehensive Plan map change, are legislative decisions and are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. The application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current Comprehensive Plan or development regulations are deficient or should not continue in effect; 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. (Ord. 2368 04, 2012; Ord. 1770 02, 1996; Ord. 1758 §1 (part), 1995) 83 Page 5 18.80.020 Comprehensive Plan Amendment Docket A. Purpose. The purpose of this section is to establish procedures, pursuant to RCW 36.70A, for the review and amendment of the Comprehensive Plan. 1. The Growth Management Act, RCW 36.70A, provides that the Comprehensive Plan amendments be considered no more than once a year with limited exceptions. The Growth Management Act further provides that all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. 2. The Annual Comprehensive Amendment Review Docket ("Annual Review Docket") will establish the annual list of proposed Comprehensive Plan amendments and related development regulations that the City Council determines should be included for review and consideration for any given year. 3. Placement of an amendment request on the Annual Review Docket does not mean the amendment request will be approved by the City Council. B. If either the Department or the Council determines that a proposed change is an emergency, the Department shall prepare the staff report described below and forward the proposed change to the Council for immediate consideration, subject to the procedural requirements for consideration of amendments. An emergency amendment is a proposed change or revision that necessitates expeditious action to address one or more of the following criteria: 1. Preserve the health, safety or welfare of the public. 2. Support the social, economic or environmental well-being of the City. 3. Address the absence of adequate and available public facilities or services. 4. Respond to decisions by the Central Puget Sound Growth Management Hearings Board, the state or federal courts, or actions of a state agency or the legislature. C. Non -emergency changes shall be compiled and submitted to the Council for review on an annual basis to establish items to be included on the annual docket, and so that cumulative effects of the proposals can be determined. Proposed changes received by the Department after January 1 of any year shall be held over for the following year's review, unless the Department determines the proposed change is an emergency. (Ord. 2071 §1, 2004; Ord. 1770 §54, 1996; Ord. 1758 §1 (part), 1995) 18.80.030 Notice and Comment The docket of proposed changes shall be posted on the Department of Community Development's website and made available to any interested person. At least 28 days prior to the Council's annual consideration of the changes proposed on the docket, the City shall publish a notice in a newspaper of general circulation in the City, generally describing the proposed changes including areas affected, soliciting written public input to the Department on the proposed changes, and identifying the date on which the Council will consider the proposed changes to be considered.. (Ord. 1758 §1 (part), 1995) 18.80.040 Staff Report A. At least 14 days prior to Council consideration of any proposed amendment to the Comprehensive Plan, the Department shall prepare and submit to the Council a staff report that addresses the following: 1. An evaluation of the application material; 2. Impact upon the Tukwila Comprehensive Plan and zoning code; 3. Impact upon surrounding properties, if applicable; 4. Alternatives to the proposed amendment; and 5. Appropriate code citations and other relevant documents. B. The Department's report shall transmit a copy of the application for each proposed amendment, any written comments on the proposals received by the Department, and shall contain the Department's recommendation on adoption, rejection, or deferral of each proposed change. 84 (Ord. 1758 §1 (part), 1995) Page 6 18.80.050 Review Procedure for Comprehensive Plan Docket Requests A. The City Council shall consider each request for an amendment to the Comprehensive Plan at a Council meeting, at which any person may submit a written comment on the proposed change or make an oral presentation. Such opportunities for oral presentation shall be subject to reasonable time limitations established by the Council. B. The Council will consider the following in deciding what action to take regarding any proposed amendment: 1. Is the issue already adequately addressed in the Comprehensive Plan? 2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? 3. Is the proposed change the best means for meeting the identified public need? 4. Will the proposed change result in a net benefit to the community? C. Following Council consideration as provided by TMC Sections 18.80.050A and 18.80.050B, the City Council shall take action as follows: 1. Add the proposed amendment to the Annual Review Docket and refer it to the Planning Commission for further review and a recommendation to the City Council; 2. Defer further Council consideration for one or more years to allow the City further time to evaluate the application of the existing plan or regulations and consider it as part of a future Annual Review Docket; or 3. Reject the proposed amendment. (Ord. 2368 §66, 2012; Ord. 1856 §1, 1998; Ord. 1770 05, 1996; Ord. 1758 §1 (part), 1995) Chapter 18.82 AMENDMENTS TO DEVELOPMENT REGULATIONS Sections: 18.82.010 Application 18.82.020 Review Procedures 18.82.030 Staff Report 18.82.040 Council Decision 18.82.010 Application Any interested person (including applicants, residents, City staff and officials, and staff of other agencies) may submit an application for a text amendment to the Tukwila Municipal Code development regulations to the Department. Such applications are legislative decisions and are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. The application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current regulations are deficient or should not continue in effect; 4. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, stormwater or shoreline plans) if the proposed amendment is adopted; 5. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 6. A statement of what other changes, if any, are required in other City codes plans or regulations to implement the proposed change. 18.82.020 Review Procedures The following shall apply to processing a text amendment to development regulations: 1. The City Council shall either forward the amendment to the Planning Commission for a recommendation or reject the amendment. 2. If the Planning Commission is directed to review the amendment, the Planning Commission shall, after considering the amendment at a public hearing, vote and forward a written recommendation to the City Council. 85 Page 7 3. The Planning Commission's written recommendation shall be presented to the City Council unchanged and accompanied by an Informational Memorandum that includes any staff proposed changes to the Planning Commission's recommendation. If any of staff's proposed changes are substantively different from the Planning Commission's recommendation, the City Council may remand the changes to the Planning Commission before proceeding further with action on the amendment. 4. At least one public hearing shall be held before the Planning Commission prior to the City Council acting on an amendment. An additional hearing before the City Council may be held at the Council's discretion. 5. At least 14 days prior to the public hearing the City shall publish a notice in the City's newspaper of record generally describing the proposed changes including areas affected, soliciting written public input to the Department on the proposed changes, and identifying the date on which the proposed changes will be considered. 18.82.030 Staff Report A. Prior to consideration of any proposed amendment, the Department shall prepare and submit to the reviewing body a staff report that addresses the following: 1. An evaluation of the application materials; 2. Impact upon the Tukwila Comprehensive Plan and Zoning Code; 3. Impact upon surrounding properties, if applicable; 4. Alternatives to the proposed amendment; and 5. Appropriate code citations and other relevant documents. B. The Department's report shall transmit a copy of the application for each proposed amendment, any written comments on the proposals received by the Department, and shall contain the Department's recommendation on adoption, rejection, or deferral of each proposed change. 18.82.040 Council Decision Following receipt of the Planning Commission's recommendation on a proposed amendment the City Council may: 1. Adopt the amendment as proposed; 2. Modify and adopt the proposed amendment; 3. Remand to the Planning Commission for further proceedings; or 4. Deny the proposed amendment. 18.84.010 Application Submittal Applications for rezone of property, along with the request for a Comprehensive Plan map change, shall be submitted to the Department. Proposed changes received by the Department after January 1 of any year shall be held over for the following year's review. A site specific rezone and the accompanying Comprehensive Plan map change application shall be a Type 5 decision processed in accordance with the provisions of TMC Section 18.108.050. (Ord. 2368 §67, 2012; Ord. 2116 §1 (part), 2006) 18.84.040 Council Decision A. After holding a public hearing and evaluating the application against the criteria at TMC Section 18.84.020, the City Council may: 1. Adopt the rezone and map amendment as proposed; 2. Modify or condition the proposed rezone and map amendment; or 3. Deny the proposed rezone and map amendment. 86 Page 8 b. Action under TMC Chapter 18.84, which amends the official Zoning Map, shall require the adoption of an ordinance by the City Council pursuant to the Tukwila Municipal Code and State law. Due to the Growth Management Act, RCW 36.70A, which provides that Comprehensive Plan amendments be considered no more frequently than once a year, any rezone ordinance must be adopted by the Council concurrently with action on the Annual Review Docket items. (Ord. 2116 §1 (part), 2006) 87 Page' 4. Home Occupation Standards Definitions Section, 18.06 18.06.430 Home Occupation "Home occupation" means an occupation or profession which is customarily incidenttoorcarried on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely incidentaltotheoccupationcarriedon byaresidentofthedwelling place. New Section in Supplemental Development Standards, 18.50 18.50.240 Home Occupations A. Home occupations shall meet the following standards: 1. There shall be no change in the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building. This provision shall not apply to adult family homes defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; 3. Traffic generated by a home occupation shall not exceed two (2) visitors at any given time, and no more than eight (8) total two-way visitor and non-resident employee trips per day; 4. The number of vehicles associated with a home -occupation shall not exceed two (2) vehicles and must be parked on-site. Vehicles associated with the business shall not exceed: a. A gross vehicle weight of 10,000 pounds; b. A height of ten (10) feet; or c. A length of 22 feet; 5. An off-street parking space shall be made available for any non-resident employee. All parking spaces shall meet all development standards; 6. The business shall not involve more than one person who is not a resident of the dwelling. This provision shall not apply to adult family homes defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; and 7. Outdoor storage of materials associated with the home occupation is prohibited. 88 Page 10 5. Wireless Communication Facility Permit Application Types and Procedures CHAPTER 18.104 PERMIT APPLICATION TYPES AND PROCEDURES Sections: 18.104.010 Classification of Project Permit Applications 18.104.020 Consolidation of SEPA Procedures and Appeals 18.104.030 Consolidation of Permit Applications 18.104.040 Relationship to SEPA 18.104.050 Pre -application Conferences 18.104.060 Application Requirements 18.104.070 Notice of Complete Application to Applicant 18.104.080 Notice of Application - Contents 18.104.090 Notice of Application - Procedure 18.104.100 Party of Record 18.104.110 Posted Notice 18.104.120 Mailed Notice 18.104.130 Time Periods for Permit Issuance 18.104.140 Applications - Modifications to Proposal 18.104.150 Vesting 18.104.160 Hearing scheduling - Notice of Hearing 18.104.170 Notice of Decision 18.104.180 Referral to Other City Departments 18.104.190 Date of Mailing 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. 89 Page 11 TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Administrative Variance for Noise — 30 days or less (TMC Section 8.22.120) Community Development Director Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter As specified by ordinance Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) Community Development Director Minor Modification of a Boundary Line Adjustment or Lot Consolidation Preliminary Approval (TMC Section 17.08.030) Community Development Director Development Permit Building Official Minor modification to design review approval (TMC Section 18.60.030) Community Development Director Minor Modification to PRD (TMC Section 18.46.130) Community Development Director Tree Permit (TMC Chapter 18.54) Community Development Director Wireless Communication Facility, Eligible Facilities (TMC Chapter 18.58) Community Development Director 2. TYPE 2 DECISIONS are decisions that are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review (TMC Section 18.60.030) Community Development Director Board of Architectural Review Administrative Planned Residential Development (TMC Section 18.46.110) Short Plat Committee Hearing Examiner Administrative Variance for Noise — 31-60 days (TMC Section 8.22.120) Community Development Director Hearing Examiner Binding Site Improvement Plan (TMC Chapter 17.16) Short Plat Committee Hearing Examiner 90 Page 12 3. TYPE 3 DECISIONS are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Cargo Container Placement (TMC Section 18.50.060) Community Development Director Hearing Examiner Code Interpretation (TMC Section 18.90.010) Community Development Director Hearing Examiner Exception from Single -Family Design Standard (TMC Section 18.50.050) Community Development Director Hearing Examiner Modification to Development Standards (TMC Section 18.41.100) Community Development Director Hearing Examiner Parking standard for use not specified (TMC Section 18.56.100), and modifications to certain parking standards (TMC Sections 18.56.065, .070, .120) Community Development Director Hearing Examiner Critical Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Community Development Director Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shorelines Hearings Board Shoreline Tree Permit Community Development Director Hearing Examiner Short Plat (TMC Chapter 17.12) Short Plat Committee Hearing Examiner Minor Modification of a Short Plat Preliminary Approval (TMC Section 17.12.020) Community Development Director Hearing Examiner Minor Modification of a Subdivision Preliminary Plat (TMC Section 17.14.020) Community Development Director Hearing Examiner Subdivision — Final Plat (TMC Section 17.14.030) Community Development Director Hearing Examiner Modification to TUC Corridor Standards (TMC Section 18.28.110.C) Community Development Director Hearing Examiner Modification to TUC Open Space Standards (TMC Section 18.28.250.D.4.d) Community Development Director Hearing Examiner Transit Reduction to Parking Requirements (TMC Section 18.28.260.8.5.b) Community Development Director Hearing Examiner Wireless Communication Facility, Macro Facilities — No New Tower (TMC 18.58.060) Community Development Director Hearing Examiner TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Resolve uncertain zone district boundary Hearing Examiner Superior Court 91 Page13 Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Superior Court TSO Special Permission Use (TMC Section 18.41.060) Hearing Examiner Superior Court Conditional Use Permit Hearing Examiner Superior Court Modifications to Certain Parking Standards (TMC Chapter 18.56) Hearing Examiner Superior Court Reasonable Use Exceptions under Critical Areas Ordinance (TMC Section 18.45.180) Hearing Examiner Sup erior Court Variance for Noise in excess of 60 days (TMC Section 8.22.120) Hearing Examiner Superior Court Variance from Parking Standards over 10% (TMC Section 18.56.140) Hearing Examiner Superior Court Subdivision — Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Hearing Examiner Superior Court Subdivision Phasing Plan (TMC Section 17.14.040) Hearing Examiner Superior Court Wireless Communication Facility, Macro Facility- New Tower (TMC Chapter 18.58.070) Hearing Examiner Superior Court Shoreline Conditional Use Permit Hearing Examiner State Shorelines Hearings Board 92 Page 14 6. Variance Requirements for Lot Area 18.70.030 Substandard Lots A. A lot, as defined in TMC 18.06.500, which does not meet the minimum standard for average lot width and/or minimum lot area for the zone in which it is located, may still be developed, without the need for a variance, as a separate lot if the proposed use is one which is permitted in the zone, and the proposed development can comply with the remaining requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. Nothing in this subsection shall be deemed to prevent the owner of a sub -standard lot from applying for or receiving approval of variances pursuant to TMC Chapter 18.72. 93 Page 15 7. Amend Footnote Referencing Tukwila South Residential Design Manual Table 18-6, note #14 Exhibit A — Table 18-6: Land Uses Allowed by District See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H 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 U Amusement Parks C C C C C C P Animal rendering U P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs = no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P P P P P P P Bed and breakfast lodging for not more than twelve guestss C C C Bed and breakfast lodging (no size limit specified) C P Bicycle repair shops P P P P P P P P P P P P P Boarding Homes C C Brew Pubs P P C P P P P P P P P P P Bus stations P P P P P P P P P P 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 Adopted 2016 — Ordinance No. 2500 Last Amended 2022 — Ordinance No. 2678 94 Page 16 Cement manufacturing U U U U U U Cemeteries and crematories C C C C C C C C C C C C Colleges and universities C C C C C C C C C6 C6 C6 P Commercial laundries P P P P P P P Commercial Parking (Commercial parking is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged. TMC Section 18.06.613) P7 P7 P7 P7 P7 P8 P8 P8 95 Page 17 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 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 C P P P P P P Convalescent & nursing homes & assisted living facility for more than twelve patients C C C C C C C P Convention facilities P P P P P P P Correctional institutes U11 U U U Daycare Centers (not home-based) P P P P P P P P P P P P P P P Daycare 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 Domestic Shelter P P P P P Dormitory C C C A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 Drive-in theatres C C C C C C Dwelling — Detached single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per existing lot permitted in MUO, 0, RCC, NCC, TVS. P P P P P P P P P Dwelling- Detached Zero -Lot Line Units P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units P P Dwelling- Townhouses P P Dwelling —Multi -family P P14 P Dwelling — Multi -family units above office and retail uses P P P P C15 22/ P Dwelling — Senior citizen housing, including assisted living facility for seniors *see purpose section of chapter, uses sections, and development p p p p standards P meeting density and all other MDR standards P 60/ac p 60/ac P 60/ ac P 60/ac p 60/ac C15 100/ ac P Dwelling unit — Accessory 17 A A A Electrical Substation — Distribution C C C C C C C C C C C C C C P Electrical Substation —Transmission/Switching U U U U Page 18 96 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H NS TSO PRO Electric Vehicle Charging Station — Level 1 and Level 2 A A A P P P P P P P P P P P P P Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) A A A A A A PP P P P P P P P P Emergency Housing P37 P37 P37 P37 P37 P37 P37 P37 P37 Emergency Shelter P37 P37 P37 P37 P37 P37 P37 P37 P37 Essential public facilities, except those uses listed separately in any of the other zones U U U U U U U U U Extended-stay hotel P34 P P P P P P Farming and farm-related activities P P Fire & Police Stations C C C C C CCC C C C C C C C P Fraternal organizations P P CPP 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 sq./ft A A A A Greenhouses or nurseries (commercial) P P P P P P P 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 (Permitted in dwellings as covered in TMC Section 18.06.430.) A A A A A A A A A A Hospitals C C C C C C C C P Hotels P34 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 P P P P P P P P P P P Libraries, museums, or art galleries (public) C C P P P C P P P P P P P P P P Manuf./Mobile home park 18 C P Page 19 97 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H NS TSO PRO 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 P18 p p p p p 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 P18 P P P P P 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 P18 p p p p p 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 p p p p ii)) No fermenting and distilling P18 P P p P P Manufacturing and industrial uses that have moderate to substantial potential for creating off-site noise, smoke, dust, vibration or other external environmental impacts: (A) Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C C P 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 C P 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 C C p p p p C D) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment P p p p p C E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C p Page 20 98 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H NS TSO PRO Manufacturing that includes rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C C P C P C C 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 P19 Mass transit facilities U U U U U U U U U U U U U U U U Medical and dental laboratories P P P P P P P P P Minor expansion of an existing warehouse 21 S Mortician and funeral homes P P P P P P C Motels P P P P P C C P P Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, computer software development, business, e.g. travel, real estate & commercial P22 P P22 P23 P P P P P P9 C10 P24 C25 P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing p Park & ride lots C C C C C C C C C C C C Parking areas A A A A A A A A A A A A A A A A Parking areas, for municipal uses and police stations C C C C C C C C C C C C C C C P Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation p p p p p p p p p p p p p p p p P Pawnbroker/Payday lender C C P P P P P Permanent Supportive Housing P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 Planned Shopping Center (mall) P P P P P P P26 Radio, television, microwave, or observation stations and towers C C C C C C C C C C C C C C C C Railroad freight or classification yards U U U U Railroad tracks (including lead, spur, loading or storage) P P P P P P Page 21 99 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Recreation facilities (commercial — indoor) — athletic or health clubs P P P P P P P P C3 P P P Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges C p p P P P p Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields C C C C Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C C C C C C C C C C C C P Recreational area and facilities for employees A A A A A A A A A A A A A Religious facilities with an assembly area less than 750 sq.ft. C C C p p p p p p p p p p p Religious facilities with an assembly area greater than 750 sq.ft. and associated community center buildings C C C C C C C C C C C C C C Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U U U U U U Rental of vehicles not requiring a commercial driver's license P36 P P P P P P P P Rental of commercial trucks and fleet rentals requiring a commercial driver's license P P P P P P P Research and development facilities p p Residences for security or maintenance personnel A A A A A A A A A A A A A Restaurants, drive-through permitted P35 P P P P P P P P Restaurants, drive-through not permitted ' p C P Retail, General P P4 P P35 P35 P P P P C3 C3 P P Sales and rental of heavy machinery and equipment subject to landscaping requirements of TMC Chapter 18.52* p p p p p p p Salvage and wrecking operations p p C Salvage and wrecking operations which are entirely enclosed within a building P P P P Sanitariums, or similar institutes C Schools and studios for education or self-improvement p p p P P P P P P P9 P27 P P Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C C C C C C C C C C P (public only) Secure community transition facility 29 U Page 22 100 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS TSO PRO Self -storage facilities A29 A29 p p p PP p p p p Sewage lift station U U U U U P U U 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 Shelter P P P P P Stable (private) A29 A29 A29 p Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to TMC Chapter 18.52 P P P P P P P P P Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required P P P C C Storm water - neighborhood detention + treatment facilities U U U U U U U P Storm water pump station U U U U U U U Studios—Art, photography, music, voice and dance P P P P P P P P P Taverns, nightclubs P P P P P P30 P30 P P Telephone exchanges P P P P P P P P P P P P Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code p p p p p p P P31 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 U U U U Transitional Housing P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 Truck terminals P P P P P P Utilities, regional C Vehicle sales lot2 P32 P P P P P P Vehicle service station P33 P33 P P P P P P P P Vehicle storage (no customers onsite, does not include park -and -fly P Warehouse storage and/or wholesale distribution facilities P P P P P Water pump station U U U U U U U P Water utility reservoir and related facilities U U U U U U U 101 Wireless Telecommunications Facilities (*see TMC Ch. 18.58) P P P P P P P P P P P P P P P P P 14. 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. 15. 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. 16. See TMC Section 18.50.220 for accessory dwelling unit standards. 19. 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. 18. 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. 19. Where the underlying zoning is HI or TVS. 20. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; 102 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. 21. 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. 22. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 23. 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. 24. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 103 25. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive 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. 26. Planned shopping center (mall) up to 500,000 square feet. 27. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 28. 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. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 29. 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. 30. No night clubs. 104 31. Theaters for live performances, 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. 32. 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. 33. Allowed; however, if in the TIB Study Area, as set forth in Figure 18-60, the following conditions apply: Outdoor storage of vehicles, tires, or other materials used for service is not permitted. Gas stations are permitted if the pumps and parking are located behind the building, the pumps meet the setback requirements, and the pumps comply with building and fire codes. Queuing lanes are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB Study Area. Pre-existing legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide effective visual screening of the parking and outdoor stored materials from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 34. 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. 35. Allowed, however if in the TIB Study area, as set forth in Figure 18-60, the following conditions apply: Drive-through facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side street, where feasible. 36. 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. 37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270. 38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270. 105