HomeMy WebLinkAboutOrd 2716 - Align Accessory Dwelling Unit (ADU) Regulations with State LawCover page to Ordinance 2716
The full text of the ordinance follows this cover page.
Ordinance2716was amended or repealedby the following ordinances.
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Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord#
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Washington
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
1758 §1 (PART), 1976 §5, 2098 §1, 2199 §4, AND 2581 §1 AND
§11, AS CODIFIED AT VARIOUS SECTIONS OF TUKWILA
MUNICIPAL CODE (TMC) TITLES 17 AND 18; REPEALING
ORDINANCE NO. 2581 §12 AS CODIFIED AT TMC SECTION
18.50.220, TO UPDATE ACCESSORY DWELLING UNIT
REGULATIONS IN ALIGNMENT WITH STATE LAW AND
ENCOURAGE HOUSING PRODUCTION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila is an incorporated city within a fully planning jurisdiction
under the Growth Management Act (GMA), per RCW 36.70A.040; and
WHEREAS, the City of Tukwila is subject to the provisions of Engrossed House Bill
("EHB") 1337 as a fully planning jurisdiction; and
WHEREAS, Tukwila Municipal Code (TMC)Title 17, "Subdivisions and Plats," and Title
18, "Zoning," establishes a definition and development regulations related to Accessory
Dwelling Units (ADUs); and
WHEREAS, many of the development regulations existing within the TMC regarding
ADUs need to be updated in alignment with EHB 1337; and
WHEREAS, the City desires to expand housing development opportunities to support
the City's growing need for housing; and
WHEREAS, on September 11, 2023, the City submitted the proposed amendmentto
the Washington State Department of Commerce for its 60-day review and received
documentation of completion of the procedural requirement (Submittal ID 2023-S-6428);
and
WHEREAS, in taking the actions set forth in this ordinance, the City has complied with
the requirements of the State Environmental Policy Act, Chapter 43.21C RCW and any
action taken by a City to comply with the requirements of EHB 1337 is not subjectto legal
challenge under Chapter43.21C RCW; and
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WHEREAS, on September 14, 2023, the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending the
Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed
changes; and
WHEREAS, on October 23, 2023, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission; and
WHEREAS, based on careful consideration of the facts and law, the City Council finds
that the proposed amendments attached and incorporated herein should be approved as
presented;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. The Tukwila City Council finds as follows:
A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B. The amendments that are established below are consistent with EHB 1337.
Section 2. TMC Section 17.14.060 Amended. Ordinance No. 2199 §4, as codified
at TMC Section 17.14.060, "Unit lot subdivisions," subparagraph A, is hereby amended to
read as follows:
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.
Section 3. TMC Section 18.06.016 Amended. Ordinance No. 2581 §1, as codified
at TMC Section 18.06.016, "Accessory Dwelling Unit," is hereby amended to read as
follows:
18.06.016 Accessory Dwelling Unit
"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.
Section 4. TMC Section 18.06.248 Amended. Ordinance Nos. 1758 §1 (part), 1976
§5, and 2098 §1, as codified at TMC Section 18.06.248, "Dwelling, Single -Family," are
hereby amended to read as follows:
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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.
Section 5. TMC Section 18.50.220 Amended. Ordinance No. 2581 §11, as codified
at TMC Section 18.50.220, "Accessory Dwelling Unit (ADU) Standards," is hereby amended
to read as follows:
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.
C. Parking,
1. See Figure 18-7 for parking requirements.
2. Tandem spaces are permitted.
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Section 6. Repealer. Ordinance No. 2581 §12, as codified at TMC Section 18.50.230,
"Accessory Dwelling Unit (ADU) Registration Procedures," is hereby repealed, thereby
eliminating TMC Section 18.50.230.
Section 7. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 14' day of
All EST/AUTHENTICATED:
[---DocuSigned by:
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Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
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Office of the City Attorney
k2oc 2023.
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council: 1(-
Published:
Effective Date: ti- /14-21
Ordinance Number: 21-(L
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2712-2718.
On November 6, 2023 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2712: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) TITLE 2, "ADMINISTRATION AND PERSONNEL,"
TO MODIFY TERM END DATES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2713: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2534 §4 AND §6, AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTIONS 2.36.020 AND 2.36.040,
TO MODIFY TERM END DATES AND UPDATE MEETING REGULATIONS IN
COMPLIANCE WITH RCW 35.63.040; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2714: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT
14000 INTERURBAN AVE S., TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR)
TO COMMERCIAL LIGHT INDUSTRIAL (CLI); PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2715: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT
6250 S. 153RD STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO
MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2716: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758 §1 (PART), 1976 §5,
2098 §1, 2199 §4, AND 2581 §1 AND §11, AS CODIFIED AT VARIOUS SECTIONS OF
TUKWILA MUNICIPAL CODE (TMC) TITLES 17 AND 18; REPEALING ORDINANCE
NO. 2581 §12 AS CODIFIED AT TMC SECTION 18.50.220, TO UPDATE ACCESSORY
DWELLING UNIT REGULATIONS IN ALIGNMENT WITH STATE LAW AND
ENCOURAGE HOUSING PRODUCTION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2717: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE (TMC) CHAPTERS 18.80
AND 18.84 AS DETAILED HEREIN; REPEALING ORDINANCE NOS. 1770 §53 AND
2368 §65, AS CODIFIED AT TMC SECTION 18.80.015; ESTABLISHING TMC
CHAPTER 18.82, "AMENDMENTS TO DEVELOPMENT REGULATIONS"; TO
CLARIFY THE PROCESS FOR UPDATING THE ANNUAL COMPREHENSIVE PLAN
DOCKET AND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2718: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING," AS DELINEATED HEREIN,
TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS AND
PARKING REGULATIONS RELATED TO: DEFINITIONS (TMC CHAPTER 18.06),
NONCONFORMING LOTS, STRUCTURES AND USES (TMC CHAPTER 18.70), AND
PERMIT APPLICATION TYPES AND PROCEDURES (TMC CHAPTER 18.104);
AMENDING FIGURE 18-7 AND TABLE 18-6; ESTABLISHING TMC SECTION
18.50.240; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: November 9, 2023