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HomeMy WebLinkAboutPlanning 2024-06-27 Item 7B - Public Hearing - Zoning Code Amendments to TMC Title 18 relating to Permit Processing and Applications for Design Review2 906� City of Tukwila Thomas McLeod, Mayor �����������n������U���^�����������^��^��n __ -- Report thePlanning - ��-- Commission Prepared June 17, 2024 HEARING DATE: June 27th, 2024 FILE NUMBERS: L24-0076 APPLICANT: City ofTukwila REQUEST: Ptannng Commission Public Hearing regarding amendments to Tukwita Municipal Code Title 18 relating to permit processing and applications for design review. LOCATION: The action would result in a change to the zoning code that would affect areas throughout the City ofTukwila. NOTIFICATION: Hearing notice was pubtished in the Seattle Times and posted on the City of Tukwita website on June 13111, 2024. Staff has forwarded the proposed amendments to the Washington Department of Commerce for their 60 -day review (after which, the Tukwila Council coutd take action). SEPA: Staff will review the proposed changes for comptiance with SEPA shoutd the Ptanning Commission move to advance this topic to the City Councilfor review. STAFF: Isaac Gioor,Associate Planner BACKGROUND TukVYila)lpeDZittingProcess The Department of Community Development accepts and reviews applications for land use projects and development. These permits range from project permits, such as development permits for a new deck in someone's backyard, or complex permits for large-scale industrial development, to nonproject permits, like the one that the Department applied for to propose this zoning code amendment. The Tukwila Municipal Code (TMC) establishes rules for each step of the permit process, from the moment someone applies for a permit all the way until the permit's final decision has been issued. These rules relate to public noticing requirements, review procedures, requirements for complete applications, and review timelines. Review timetines for alt permits in Tukwita are timited to 120 days. This shot ctock" begins from the moment that the Department determines that the applicant has submitted all information required on an application form. The clock stops whenever the Department determines that the applicant needs to correct materials submitted for the permit or determines that more information 21 Page 2 Staff Report to the Planning Commission: Permitting Process Updates iline 27e Public Hearing is needed to determine if the application complies with the TMC. Once the applicant submits corrections, the clock begins again where it left off. The most recent substantial update of Tukwila's Zoning code was adopted in 1995, approximately 29 years ago. Original sections have been built on, expanded, and edited over time. Because of its patchwork nature, sections are occasionally repetitive, confusing, refer to nonexistent permits or standards, or conflict with other sections. It has been a goal of the Department of Community Development to simplify and correct the zoning code, and to bring certain procedures into compliance with existing and upcoming state law. Design Review in Tukwila The Tukwila Comprehensive Plan identified that the community valued a safe and visually attractive community. TMC Title 18 accomplishes this via development standards, which control the shape of a building via requirements such as setbacks and height limits, and design standards, which require features considered desirable, such as transparency, high quality materials, modulation, and open space. While development standards are reviewed by Planners during the construction permit phase, design standards are reviewed via separate design review permits. Not all projects require design review; however, most multi -family and large industrial or commercial buildings do. The TMC provides two pathways for design review. Administrative Design Review applications, which are reviewed and issued by staff, are common for small scale projects, or in certain zoning districts like the Tukwia South area. However, larger projects, or multi -family projects in residential districts, require that design review applications be subject to a hearing at the Board of Architectural Review (BAR). These applications, which require hearings are held to the same standards as administrative applications, and the initial phase of review is the same: the Department must review the application and ensure that it complies with all of Tukwila's codes and design guidelines. However, once the Department completes its review, the Department and the applicant must then prepare presentations and reports and schedule a public hearing before the BAR. The BAR then approves, denies, or requests changes to the design. Hearings for Design Review applications can take several months to schedule due to busy Planning Commission, Department, and applicant calendars. They are, generally, not preferred by applicants, who are desirous of timely and predictable permit reviews. Because these applications are relatively infrequent, and the Commissioners are part of a volunteer body that is not expected to know alt of Tukwila's codes and regulations, the Department tries to ensure that presentation materials fully encompass the scope of the BAR's responsibility. These hearings represent one of the very few instances where the Commission is required to issue a legally binding, quasi-judicial, decision on a permit. These decisions must be supported by written documentation that finds that the application is consistent with, carries out, and helps implement applicable state laws, the goals of the Comprehensive Plan, the City's Development Regulations, and other official laws, policies, and objectives of the City. Because of the complex nature of many of the projects that require design review applications, review of the submitted plans can take more time than other permits. When the extra time to prepare presentation materials and schedule a public hearing is added, design review applications that require BAR approval often exceed Tukwila's permit timelines. 22 Page 3 Staff Report to the Planning Commission: Permitting Process Updates iline 27e Public Hearing NewL�i_s_lmtion 2023 was an active year for State Legislation, with Governor Inslee signing several bills that affect Tukwila. Among them were Serrate Bill 5290 and House Bat 1293. House Bill1293. These bilis mandate sweeping changes to permit reviews for all local governments planning under the Growth Management Act. The legislative actions were intended to increase the timeliness and predictability of local review, both of which have targe impacts on developer project costs. Changes mandated by these two bills, and relevant to this code update proposal, are summarized below: • SB 5290: New Permit Review TimeLines o 665caLendarctaysfor projects that do not require pubtic notice. o 10Qcalendar odays: for projects that do require public notice. o 170 calendar days: for project permits that require both notice and a public hearing. o If processing of a project permit fails to meet these timelines, the local jurisdiction would be required to refund up to 20% of an applicant's permit fees. The applicant may aLso use other methods to claim damages, if they desire. • However, tocatjurisdictions can avoid havingto provide refunds ifthey implement at teast 3 of 10 optionaL measures set forth in SB 5290 that are intended to further speed up permit review timelines. Tukwila has already codified several of these measures and would qualify for this exemption. • HB 1293: Umits on Design Review Meetings o Cities may not hold more than a single public meeting for design review projects. This severely limits the utility of public hearing for design review, as the only possible decisions that a Design Review body can make are to approve or deny a proposal. They cannot require corrections, as that would entail another design review meeting. o HB 1293 also requires that design review standards be clear, objective, and be based on an ascertainable guideline or criterion. The intent of this requirement is that an applicant should be able to determine whether a design will meet the review criteria simply byreading the criteria themselves. While this may sound straightforward, as most code is clearly legible for developers, manyjurisdiction's design review criteria (inctuding Tukwila's) contain standards that are clearly subjective in nature. This includes standards such as requirements that' project match the character of the surrounding neighborhood" or that a building feature a high-quality design". These standards are necessarity reliant on the eye of the beholder, and thus the evaluation can differ based on who is the decision maker. The Department is not currently proposing reform to the design review standards. That work will be presented as part of a separate code update package. However, as the limit on the number of public meetings/hearings portion of this bill has implications for the new standards set forth in SB 5290, the Department proposes to imptement this aspect of the bill as part of this update. 23 Page 4 Staff Report to the Planning Commission: Permitting Process Updates iline 27e Public Hearing Tukwila must implement the new permitting timeline requirements by December 31st, 2024. The nsquinarnentoofHouae8iU1293nnuotbminnpksnnontadbynnid'202G'or'GrnonthaaftmrtheCity adopts its next Comprehensive Plan. FINDINGS This code update would amend many portions of the TMC, including those that relate to project permitting, permit types, review timelines, appeals, and design review. It would consolidate permit types, establish new permitting timelines, and speed up the review of applications for Design Review by removing the requirement to hold public hearings before the Board of Architectural Review (BAR). It includes corrections to scrivener's errors, as well as removals of redundant or expired code sections, and provides many changes that improve readability and clarity. It also includes certain changes to how legislative permits are reviewed to better comply with State law and foliows the recommendations of Tukwila's Legal team. The proposal would bring the City's codes fully into compliance with SB 5290 and would implement a requirement from HB 1293 that correlates well with the rest of the amendments. It also would help achieve Department and City goals regarding permit review timelines, particularly relating to the timeliness of Design Review applications. The current City of Tukwila review timelines for most permit types already meet the new statutory requirements, and virtually all permits currently meet the (now superseded) 120 -day timeline, as shown below. (First number are permits actively Under Review whrch includes those that are overthie) However, Design Review projects that require review by the BAR commonly reach or exceed timelines, largely due to the need to schedule a Public Hearing. These hearings occasionally must be scheduled months ahead of time to be accommodated in busy agenda schedules. The Department has a strong interest in accelerating the review of permits that require design review, many of which are related to the development of new housing. This proposal would amend the portions of Title 18 that relate to design review applications to establish that all design review would be an administrative process. The BAR would continue to serve in their roles as Planning Commissioners and would focus on guiding the City's land use policy. Public notice would still be required for Design Review applications, and the City's timeline for approval of a design review permit would be set at 100 calendar days, in accordance with state requirements (as opposed to 170 days for those decisions which require a public hearing). The Design Review standards would not change as part ofthis proposal. As part of their implementation strategies, some jurisdictions are considering complying with these 24 er 2021 February 2022 February 2023 February 2024 Fire Reviews � 28—O0ver " u� 41 -1(�vordue 48-0Ovondue 23-0 Overdue Building � Reviews 47 — 9 Overdue 11 - 4 Overdue �-0Ovendue 19 — 0 Overdue Planning � Reviews —'—— 12895(�verdue 31 8OvemJuo 3813(�vordum 510 Overdue Engineering Reviews 178-78 Overdue O0-8Overdue 61 — 8 Overdue 65 — 0 Overdue (First number are permits actively Under Review whrch includes those that are overthie) However, Design Review projects that require review by the BAR commonly reach or exceed timelines, largely due to the need to schedule a Public Hearing. These hearings occasionally must be scheduled months ahead of time to be accommodated in busy agenda schedules. The Department has a strong interest in accelerating the review of permits that require design review, many of which are related to the development of new housing. This proposal would amend the portions of Title 18 that relate to design review applications to establish that all design review would be an administrative process. The BAR would continue to serve in their roles as Planning Commissioners and would focus on guiding the City's land use policy. Public notice would still be required for Design Review applications, and the City's timeline for approval of a design review permit would be set at 100 calendar days, in accordance with state requirements (as opposed to 170 days for those decisions which require a public hearing). The Design Review standards would not change as part ofthis proposal. As part of their implementation strategies, some jurisdictions are considering complying with these 24 Page 5 Staff Report to the Planning Commission: Permitting Process Updates iline 27e Public Hearing would increase the permit timelines. This could be accomplished by adding public notice requirements where they currently don't exist, or requiring a public hearing for a permit type when currently it can be reviewed administratively. In this way, a permit timeline could legally be extended from a state requirement of 65 days up to a maximum of 170 days. While these changes would comply with the letter of the law, the Department is not proposing any amendments that would increase permit timelines above 120 days, except for those permits that already require hearings. CONCLUSION Staff has determined that these changes would provide greater clarity and predictability for applicants, simplify permit review processes for applicants and staff, speed up review timelines, and help Tukwila come into compliance with new Washington State requirements. It also would implement updates requested by the City's legal team and improve legibility and readability of TukwiLa's zoning code. REQUESTED ON Staff requests that the Planning Commission forward a recommendation for adoption of these amendments to Title 18 -Zoning to the City Council for further consideration. A sample motion to initiate discussion on this topic is as follows: 1 move that the Zoning Code amendments pertaining to permit processing and other code clarifications -- as provided in the Commission packet -- be approved for forwarding to the City Council for their approval. This motion requires a second, after which the Commission may deliberate on the motion before voting. ATTACHMENTS Exhibit A:Example Permit Timeline Exhibit B: Proposed TitLe 18 - Zoning (cLean version, no redLines) Exhibit C: Proposed Title 18 - Zoning (redlines, alt edits shown) 25 26 Attachment A: Example Permit Timeline Project: New Duplex within the Medium Density Residential zoning district Permit Case Study: Design Review Application Current Project Pathway: Application Submitted: City has 28 days to determine whether the application is complete. If the application is complete, staff will notify the public of the application. Permit Review: The Department will review the project for compliance with Tukwila Municipal Code and Design Review Guidelines and issue corrections if necessary. Upon determining that the project permit complies with the TMC and Design Review Guidelines, the Department will then prepare a detailed staff report. Public Hearing: The Department must schedule a Public Hearing at the next available Planning Commission session. As the Commission meets monthly, if the next meeting agenda is full the applicant may need to wait more than 30 days. Two weeks of notice must be given to the public for this hearing. Staff will present the project and explain the Design Review Criteria to the Board of Architectural Review, who will make the final determination. Maximum Time to Issue Final Determination: 120 calendar days Actual review time is highly variable and frequently extended. Proposed Project Pathway: Application Submitted: City has 28 days to determine whether the application is complete. If the application is complete, staff will notify the public of the application. Permit Review: The Department will review the project for compliance with Tukwila Municipal Code and Design Review Guidelines and issue corrections, if necessary. The final decision maker is the Director of Community Development. Thus, when staff review is complete, the Department can prepare a staff report and issue the permit. Maximum Time to Issue Final Determination: TOO c;alend:i days No additional time for scheduling or public notice for hearings is required. 28 TITLE 18 - ZONING Chapters: Page 18.02 Title 3 18.04 General Provisions 3 18.06 Definitions 4 18.08 Districts Established - Map 37 18.09 Land Uses Allowed by District 38 18.10 Low Density Residential 39 18.12 Medium Density Residential 40 18.14 High Density Residential 42 18.16 Mixed Use Office 44 18.18 Office 45 18.20 Residential Commercial Center 46 18.22 Neighborhood Commercial Center 47 18.24 Regional Commercial 49 18.26 Regional Commercial Mixed Use 51 18.28 Tukwila Urban Center (TUC) District 53 18.30 Commercial/Light Industrial 84 18.32 Light Industrial 85 18.34 Heavy Industrial 86 18.36 Manufacturing Industrial Center/Light 87 18.38 Manufacturing Industrial Center/Heavy 88 18.40 Tukwila Valley South 89 18.41 Tukwila South Overlay District 90 18.42 Public Recreation Overlay District 96 18.43 Urban Renewal Overlay District 97 18.44 Shoreline Overlay 100 18.45 Environmentally Critical Areas 127 18.46 PRD - Planned Residential Development151 18.50 Supplemental Development Standards 155 18.52 Landscape Requirements 163 18.54 Urban Forestry and Tree Regulations 173 18.56 Off-street Parking and Loading Regulations181 18.58 Wireless Communication Facilities 186 18.60 Design Review 203 18.64 Conditional Use Permits 209 18.66 Unclassified Use Permits 211 18.70 Nonconforming Lots, Structures and Uses214 18.72 Variances 218 18.80 Amendments to the Comprehensive Plan 219 18.82 Amendments to Development Regulations221 18.84 Requests for Changes in Zoning 222 18.86 Development Agreements 222 18.88 Application Fees 225 18.96 Administration and Enforcement 226 18.104 Permit Application Types and Procedures 229 18.108 Decision Processes 237 18.112 Public Hearing Processes 239 18.116 Appeal Processes 241 Figures and Tables: Figure 1 Shoreline Use Matrix Figure 2 Sample Residential Sensitive Area Site Plan Submittal Figure 3 Building Height Exception Areas Figure 4 Location and Measurement, Yards on Lots Figure 5 Multi -Family Design Guideline Figure 6 Off -Street Parking Area Dimensions Figure 7 Required Number of Parking Spaces for Automobiles and Bicycles Figure 8 Parking for the Handicapped Figure 9 Commercial Redevelopment Areas in the Tukwila International Boulevard Corridor Figure 10 City of Tukwila Zoning Map Figure 11 Eligible Parcels for Location of Secure Community Transition Facility Figure 12 MIC/H Parcels Ineligible for Stand-alone Office Uses Figure 13 Housing Options Program Standards Figure 14 Tukwila Neighborhoods Figure 15 Tukwila International Blvd. Urban Renewal Overlay District Figures 18-16 through 18-59 and Tables 18-1 through 18-5 are associated with TMC 18.28, Tukwila Urban Center (TUC) District Figure 16 Figure 17 Figure 18 Figure 19 Figure 20 Figure 21 Map of Districts Block Face Length Corridor Definition of Terms Corridor Type Map Walkable Corridor Standards Pedestrian Walkway Corridor Standards Produced by the City of Tukwila, City Clerk's Office Pag TITLE 18 — ZONING Figure 22 Figure 23 Figure 24 Figure 25 Figure 26 Figure 27 Figure 28 Figure 29 Figure 30 Figure 31 Figure 32 Figure 33 Figure 34 Figure 35 Figure 36 Figure 37 Figure 38 Figure 39 Figure 40 Figure 41 Figure 42 Figure 43 Figure 44 Figure 45 Figure 46 Figure 47 Figure 48 Figure 49 Figure 50 Figure 51 Figure 52 Tukwila Pond Esplanade Standards Neighborhood Corridor Standards Urban Corridor Standards Commercial Corridor Standards Freeway Frontage Corridor Standards Workplace Corridor Standards Examples of Public Frontages Example of Building Oriented to the Street Example of Features on a Building Oriented to Street Examples of Building Orientation to Streets/Open Space Treatments Frontage Building Coverage Example of Exceeding Maximum Building Setbacks to Provide Pedestrian Space Surface Parking - Front Street Front Parking Examples Surface Parking - Side Surface Parking - Rear Example of Vertical Modulation and Horizontal Modulation Fa9ade Articulation Example for a Mixed -Use Building Example of Articulating the Fagade of a Residential Building Major Vertical Modulation Example Ground Level Transparency Requirements Examples of Percentage of Transparency Between 2-10' Along the Length of a Building Facade Display Window Example Encroachment Provisions for Building Overhangs or Weather Protection Features Illustration of the Various Side and Rear Yard Treatment Standards and Options Example of a Single Tree Planted with No Other Materials and Little Room for Viability. Using Evergreen Landscaping to Screen Utilities Examples of Landscaped Tree Wells Examples of Pedestrian Spaces Examples of Pedestrian Passages Common Open Space Examples Figure 53 Figure 54 Rooftop Garden Examples of Driveway Level with the Height of the Sidewalk Figure 55 Example of Not Enough Room on Site to Exit Loading Area, Resulting in Disruption of Traffic Movements Figure 56 Parking Lot Walkway Standards and Example Figure 57 Example of Good Internal Pedestrian Circulation Figure 58 Internal Walkway Standards and an Example Along Retail or Mixed -Use Buildings Figure 59 Critical Area Tracts in Tukwila South Figure 60 Tukwila International Boulevard (TIB) Study Area Tables: Table 1 Summary of Applicable Review Process and Standards/Guidelines Table 2 Tukwila Urban Center - Land Uses Allowed by District Table 3 District Standards Table 4 Provision of Open Space Table 5 Provision of Parking Table 18-6 is associated with TMC 18.09, land uses allowed by district Table 6 Land Uses Allowed by District Produc by the City of Tukwila, City Clerk's Office Page 18-2 TITLE 18 — ZONING CHAPTER 18.02 CHAPTER 18.04 Sections: 18.02.010 Short title TITLE GENERAL PROVISI NS 18.02.010 Short Title This title shall be known and may be cited as "The Tukwila Zoning Code." (Ord, 1758 §1 (part), 1995) Sections: 18.04 010 Application of Provisions 18.04.020 Change in Existing Structure, Use or Proposed Use 18.04.010 Application of Provisions In the interpretation and application of the provisions of this title, such provisions shall be held to be the minimum requirements adopted for the promotion of the health, safety, morals, or the general welfare of the community. It is not intended by this title to repeal, abrogate, annul, or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted pursuant to law, relating to the use of buildings or land, nor is it intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use, erection, alteration or extension of buildings, or use of land, or upon the number of square feet of lot area per family, or where the yard or building line requirements are more restrictive than the requirements imposed by such existing provision of law or ordinance, or by such rules or regulations or by such covenants or agreements, the provision of this title shall control. (Ord. 1758 §1 (part), 1995) 18.04.020 Change in Existing Structure, Use or Proposed Use Nothing contained in this title shall require any change in any existing building or structure or in the plan, construction or designated use of a proposed building or structure which would conform with the zoning regulations then in effect, and for which a building permit shall have been issued, and plans for which are on file in the Department of Community Development prior to the effective date of the ordinance codified in this title, and the construction of which building or structure shall have been started within twelve months of the date of such building permit and diligently prosecuted to its completion. (Orf. 1758 §1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office Page' 18-3 TITLE 18 — ZONING Sections: 18.06.005 18.06.010 18.06.015 18.06.016 18.06.017 18.06.018 18.06.020 18.06.025 18.06.030 18.06.035 18.06.036 18.06.037 18.06.045 18.06.048 18.06.050 18.06.055 18.06.056 18.06.058 18.06.059 18.06.060 18.06.061 18.06.062 18.06.063 18.06.064 18.06.065 18.06.066 18.06.070 18.06.072 18.06.073 18.06.074 18.06.075 18.06.080 18.06.085 18.06.090 18.06.095 18.06.097 18.06.100 18.06.105 18.06.110 18.06.115 18.06.118 18.06.119 18.06.120 18.06.125 18.06.130 18.06.135 18.06.137 CHAPTER 18.06 DEFINITIONS General Definitions Abandoned Mine Areas Access Road Accessory Dwelling Unit Adaptive Management Adjacent Adult Day Care Adult Entertainment Establishments Airports Alley Alteration Amusement Device Applicant Appurtenance Area, Site Areas of Potential Geologic Instability Armoring Assisted Living Facility Bank Basement Battery Charging Station Battery Exchange Station Bed -and -Breakfast Lodging Best Available Science Best Management Practices Binding Site Improvement Plan Bioengineering Block Boarding House Brew Pub Buffer Building Building, Accessory Building Area Building, Detached Building Footprint Building Height Building Line Building, Nonconforming Building Permit Bulk Retail Bulkhead Bus Station Caliper Canopy Canopy Cover Cargo Container 18.06.140 18.06.142 18.06.143 18.06.145 18.06.150 18.06.152 18.06.155 18.06.160 18.06.165 18.06.170 18.06.172 18.06.173 18.06.175 18.06.178 18.06.180 18.06.181 18.06.182 (001) (007) (010) (013) 18.06.183 18.06.185 18.06.190 18.06.195 18.06.196 18.06.198 18.06.199 18.06.200 18.06.202 18.06.203 18.06.204 18.06.205 18.06.208 18.06.210 18.06.215 18.06.217 18.06.220 18.06.222 18.06.225 18.06.230 18.06.232 18.06.234 18.06.235 18.06.237 18.06.240 18.06.242 18.06.245 18.06.246 18.06.247 18.06.248 18.06.249 18.06.250 Certified Arborist Charging Levels Channel Migration Zone Clearing Clinic, Outpatient Medical Closed Record Appeal Club Commercial Laundries Comprehensive Plan Continuing Care Retirement Community Contractor Storage Yards Convalescent/Nursing Home Cooperative Parking Facility Correctional Institution Coverage Critical Root Zone Critical Areas Critical Area Buffer Critical Areas Ordinance Critical Area Regulated Activities Critical Area Tract or Easement Cul -de -Sac Curb -Cut Dangerous Waste Day Care Center Daylighting Dedication Defective Tree Density Transfer Department Design Criteria Design Guidelines Designated Facility Zone Detached Zero -Lot -Line Units Development Development Area Development, Shoreline Diameter at Breast Height (DBH) Dike Director District District, Overlay Diversion Facility Diversion Interim Services Facility Dormitory Driveway Durable Uniform Surface Dwelling, Manufactured or Mobile Home Dwelling, Mobile Home Dwelling, Multi -Family Dwelling, Single -Family Dwelling Unit Ecological/Ecosystem Functions (or Shoreline Functions) Produc y the City of Tukwila, City Clerk's Office Page 18-4 TITLE 18 — ZONING 18.06.252 18.06.255 (001) (002) (003) (004) 18.06.258 18.06.259 18.06.260 18.06.261 18.06.262 18.06.263 18.06.264 18.06.266 18.06.268 18.06.269 18.06.270 18.06.280 18.06.283 18.06.285 18.06.287 18.06.290 18.06.300 18.06.305 18.06.310 18.06.315 18.06.318 18.06.320 18.06.325 18.06.330 18.06.335 18.06.338 18.06.340 18.06.345 18.06.353 18.06.355 18.06.365 18.06.370 18.06.380 18.06.385 18.06.390 18.06.395 18.06.400 18.06.405 18.06.410 18.06.415 18.06.420 18.06.430 18.06.435 18.06.440 18.06.445 Ecosystem -Wide Processes Emergency Housing Emergency Shelter Permanent Supportive Housing Transitional Housing Domestic Shelter Electric Vehicle Electric Vehicle Charging Station Electric Vehicle Charging Station -Restricted Electric Vehicle Charging Station -Public Electric Vehicle Infrastructure Electric Vehicle Parking Space Engineer, Geotechnical Engineer, Professional Engineering, Geotechnical Environment Designation Essential Public Facility Essential Use Essential Utility Essential Street, Road, or Right -of -Way Extended -Stay Hotel or Motel Extremely Hazardous Waste Family Child Care Home Feasible Fence Filling Final Plat Fire Lane Floor Area Flood Plain Flood Hazard Reduction Floodway Fraternal Organization Garage, Private General Retail Geologist Grade Grading Groundcover Hazardous Substance Hazardous Substance Processing or Handling Hazardous Tree Hazardous Waste Hazardous Waste Storage Hazardous Waste Treatment Hazardous Waste Treatment and Storage Facility, Off -Site Hazardous Waste Treatment and Storage Facility, On -Site Home Occupation Hospital Hotel Impervious Surface 18.06.450 18.06.453 18.06.454 18.06.456 18.06.460 18.06.465 18.06.470 18.06.472 18.06.473 18.06.475 18.06.480 18.06.486 18.06.490 (001) 18.06.492 18.06.493 18.06.495 18.06.500 18.06.505 18.06.510 18.06.520 18.06.525 18.06.530 18.06.535 18.06.538 18.06.540 18.06.543 18.06.545 18.06.551 18.06.552 18.06.553 18.06.554 18.06.555 18.06.556 18.06.557 18.06.560 18.06.565 18.06.567 18.06.568 18.06.570 18.06.571 18.06.575 18.06.580 18.06.581 18.06.583 18.06.585 18.06.586 18.06.587 18.06.588 18.06.589 18.06.590 18.06.591 18.06.592 18.06.593 Infrastructure Integrated Site Internet Data/Telecommunication Center Invasive Plant and Tree List Junk Yard Kennel Laboratory, Medical and Dental Large Woody Debris (LWD) Land Surveyor Land -Altering Activity Land -Altering Permit Landscape Design Professional Landscaping or Landscaped Areas Mulch Lease Levee Loading Space Lot Lot Area Lot, Corner Lot Depth Lot Frontage Lot Lines Lot, Interior Lot, Parent Lot, Through Lot, Unit Lot Width Marijuana Marijuana Processor Marijuana Producer Marijuana Retailer Major Adjustment Marijuana -infused Products Marijuana Concentrates Mall Manufactured/Mobile Home Park Manufacturing Mass Transit Facilities Mean High Water Mark Mean Higher High Water (MHHW) Mining and Quarrying Minor Adjustment Mitigation Modular Home Motel Native Vegetation New Manufactured Home No Net Loss Nonconforming Use, Shoreline Nonconforming Use Non -Water -Oriented Uses Office Open Record Appeal Produced by the City of Tukwila, City Clerk's Office Page TITLE 18 — ZONING 18.06.594 18.06.595 18.06.600 18.06.605 18.06.607 18.06.610 18.06.611 18.06.613 18.06.615 18.06.617 18.06.618 18.06.620 18.06.625 18.06.627 18.06.630 18.06.632 18.06.633 18.06.635 18.06.636 18.06.637 18.06.638 18.06.640 18.06.645 18.06.650 18.06.651 18.06.652 (001) 18.06.655 18.06.656 18.06.657 18.06.658 18.06.660 18.06.662 18.06.665 18.06.670 18.06.675 18.06.676 18.06.677 18.06.680 18.06.682 18.06.685 18.06.687 18.06.688 18.06.689 18.06.690 18.06.691 18.06.696 18.06.697 18.06.705 18.06.706 18.06.707 18.06.708 18.06.735 18.06.740 Open Record Hearing Open Space Open Space Tract Ordinary High Water Mark Overwater Structure Parcel Park and Ride Parking, Commercial Parking Space Pawnbroker Performance Bond or Guarantee Performance Standards Person Pervious Hard Surface Plan Planned Residential Development (PRD) Planning Commission Plat Preliminary Plat Principal Building Private Access Road Property Owner Protected Tree/Protected Vegetation Protection Measure Protective Fencing Pruning Topping Public Access Public Entity Public Meeting Public Right -of -Way Rapid Charging Station Reach Recreation Space Recreation Space, Covered Recreation Space, Uncovered Regional Detention Facility Revetment Research and Development Facility Religious Facility Residence Restaurant Restaurant, Fast Food Right -of -Way Riparian River Channel Riverbank Analysis and Report Roadway Screening Secure Community Transitional Facility Self Storage Facility Senior Citizen Housing Vehicle Service Station Setbacks 18.06.745 18.06.750 18.06.756 18.06.757 18.06.758 18.06.759 18.06.760 18.06.761 18.06.767 18.06.768 18.06.769 18.06.770 18.06.775 18.06.777 18.06.780 18.06.781 18.06.790 18.06.795 18.06.800 (001) 18.06.805 18.06.810 18.06.813 18.06.815 18.06.817 18.06.820 18.06.821 18.06.822 18.06.829 18.06.830 18.06.833 18.06.835 18.06.840 18.06.843 18.06.845 (001) (002) (003) (004) (005) (006) (007) (008) (009) (010) (011) (012) (013) (014) (015) (016) 18.06.850 Shelter Station Shopping Center, Planned Shorelands or Shoreland Areas Shorelines or Shoreline Areas Shoreline Jurisdiction Shoreline Modifications Shoreline Restoration or Ecological Restoration Shoreline Stabilization Short Plat Short Subdivision Short Subdivision Committee Sign Significant Tree Significant Vegetation Removal Site Site Disturbance Story Street Structure Nonconforming Structure, Shoreline Structural Alteration Studios Subdivision Substantial Construction Substantial Development Surveyor Theater Tow Truck Operations Townhouse Tract Trailer Court or Park Trailer, Travel Transit Center Transit -Oriented Development (TOD) Housing Tree At -Risk Tree Crown Dead Tree Dripline Exceptional Tree Heritage Tree or Heritage Grove Invasive Tree Nuisance Tree Qualified Tree Professional Risk Street Tree Target or Risk Target Tree Risk Assessment Tree Risk Assessor Viable Tree Windfirm Tree Clearing Permit Produc by the City of Tukwila, City Clerk's Office Page 18-6 TITLE 18 — ZONING 18.06.852 Tree Removal 18.06.854 Truck Terminal 18.06.855 Turbidity 18.06.860 Understory Vegetation 18.06.863 Usable Floor Area 18.06.864 Useable Marijuana 18.06.865 Use 18.06.870 Use, Accessory 18.06.875 Use, Conditional 18.06.880 Use, Permitted 18.06.885 Use, Primary or Principal 18.06.890 Use, Unclassified 18.06.895 Unlisted Use 18.06.900 Utilities 18.06.905 Variance 18.06.910 Vegetation 18.06.915 Vehicles 18.06.916 Warehouse 18.06.917 Water Dependent 18.06.918 Water Enjoyment 18.06.919 Water Oriented 18.06.920 Watercourse 18.06.921 Water Related 18.06.922 Wetland 18.06.924 Wetland Edge 18.06.934 Wetland, Scrub -Shrub 18.06.944 WRIA 18.06.945 Yard 18.06.950 Yard, Front 18.06.955 Yard, Rear 18.06.960 Yard, Second Front 18.06.965 Yard, Side Produced by the City of Tukwila, City Clerk's Office Page TITLE 18 — ZONING 18.06.005 General Definitions Except where specifically defined in this Chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "he" or "his" shall also refer to "she" or "her," the word "shall" is always mandatory, the word "may" denotes a use of discretion in making a decision; the words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." (Ord, 1758 §1 (part), 1995) 18.06.010 Abandoned Mine Areas "Abandoned mine areas" means those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts. (Ord, 1758 §1 (part), 1995) 18.06.015 Access Road "Access road" means that portion of a driveway which provides access to one or more parking lot or area, provides access to more than one property or lot, or may provide internal access from one street to another. This shall not include that portion of driveways whose primary function is to provide direct access to adjacent parking spaces and which, as a secondary function, also provides circulation within parking areas. ( rd. °d 758 §1 (part), 1995) 18.06.016 Accessory Dwelling Unit "Accessory dwelling unit (ADU)" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. (Ord, 2716 §3, 2023, Ord. 2581 §1, 2018) 18.06.017 Adaptive Management "Adaptive management" means the use of scientific methods to evaluate how well regulatory and non -regulatory actions protect a critical area. (Ord, 2625 §1, 2020; Ord, 2075 S1 (pai1;1, 2004) 18.06.018 Adjacent "Adjacent" means lying near or close to; sometimes, contiguous; neighboring. Adjacent implies that the two objects are not widely separated, though they may not actually touch. (Ord, 2075 §1 (pad), 2004) 18.06.020 Adult Day Care "Adult day care" means a facility which provides supervised daytime programs where up to six frail and/or disabled adults can participate in social, educational, and recreational activities led by paid staff and volunteers. (Ord. 1758 §1 (pard'), 1995) 18.06.025 Adult Entertainment Establishments A. "Adult entertainment establishments" means adult motion picture theaters, adult drive-in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as follows: 1. "Adult bathhouse" means a commercial bathhouse which excludes any person by virtue of age from all or any portion of the premises or which provides to its patrons an opportunity for engaging in "Specified Sexual Activities," with or without a membership fee." 2. "Adult bookstore" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. 3. "Adult cabaret" means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which ex- cludes any person by virtue of age from all or any portion of the premises. 4. "Adult massage parlor" means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such service is provided. 5. "Adult motion picture theater" means a building, enclosure, or portion thereof, used for presenting material dis- tinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 6. "Adult retail store" means retail establishment in which: a. 30% or more of the "stock -in -trade" consists of items, products or equipment distinguished or characterized by an emphasis on or simulation of "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such items, products or equipment are displayed or sold. 7. "Adult sauna parlor" means a commercial sauna establishment which excludes any person by virtue of age from all or any portion of the premises. 8. "Adult video store" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of prerecorded video tapes, disks, or similar material distinguished or characterized by an emphasis on matter depicting, describing or Produc4y the City of Tukwila, City Clerk's Office Page 18-8 TITLE 18 — ZONING relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or any part of the premises generally held open to the public where such prerecorded video tapes, disks or similar material are displayed or sold. B. "Specified anatomical areas" means: 1. Less than completely and/or opaquely covered hu- man genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; 2. Human male genitals in a discernibly turgid state even if completely or opaquely covered. C. "Specified sexual activities" means: 1. Acts of human masturbation, sexual intercourse or sodomy; or 2. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or 3. Human genitals in a state of sexual stimulation or arousal. D. "Stock -in -trade" means: 1. The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or 2. The number of titles of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons. (Ord, 2678 §1, 2€22 Ord, /758 §1 (part), 1995) 18.06.030 Airports "Airports" means any area of land that is used or intended for the landing and takeoff of aircraft, any appurtenant areas that are used or intended for airport buildings or other airport facilities or rights-of-way, and all airport buildings and facilities. (Ord, 2678 §2, 2022) 18.06.035 Alley "Alley" means a public thoroughfare or way usually having a width of not more than 20 feet which affords only a secondary means of access to abutting property and is not intended for general traffic circulation. (Ord, 1834 §1, 1998; Ord, 1758 §1 (part), 1995) 18.06.036 Alteration "Alteration" means any human -induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing of vegetation, construction, compaction, excavation, or any other activity that changes the character of the critical area. (Ord. 2625 §2, 2020) 18.06.037 Amusement Device "Amusement device" means a structure such as a ferris wheel, roller coaster or climbing wall. (Ord, 1815 §1, 1997) 18.06.045 Applicant "Applicant" means a property owner or a public agency or public or private utility which owns a right-of-way or other ease- ment, or has been adjudicated the right to an easement pursuant to RCW 8.12.090, or any person or entity designated in writing by the property or easement owner to be the applicant for a project permit, and who requests approval for a project permit. (Ord. 1758 §1 (pat), 1996, Ord, 1758 §1 (part), 1995) 18.06.048 Appurtenance "Appurtenance" means a structure that is necessarily connected to the use and enjoyment of a single family residence, including a garage, deck, driveway, utilities, fences, installation of a septic tank and drain field and grading that does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark (WAC 173- 27-040 (2) (g)). (Ord, 2347 ¢1, 2011) 18.06.050 Area, Site "Site area" means the total two-dimensional horizontal area within the property lines excluding external streets. (turd. 1751 $1 (part), 1995) 18.06.055 Areas of Potential Geologic Instability "Areas of potential geologic instability" means those areas subject to potential landslides and/or potential seismic instabilities. (Ord, 1758 §1 (part), 1995) 18.06.056 Armoring "Armoring" means the control of shoreline erosion with hardened structures, such as bulkheads, sea walls, and riprap. (Ord, 2347 §2,, 2011) 18.06.058 Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to RCW 18.20 as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." (Ord, 2500 §1, 2016) 18.06.059 Bank "Bank" means the rising ground bordering a water body and forming an edge or slope. (Ord, 2347 §3, 2011) Produced by the City of Tukwila, City Clerk's Office Page 8-9 TITLE 18 — ZONING 18.06.060 Basement "Basement" means that portion of a building between floor and ceiling which is all or partly below grade. If the finished floor level directly above a basement is more than two feet above grade for more than 20% of the total perimeter or is twelve feet above grade as defined at any point, such basement shall be considered as a story. (Ord, 1758 §1 (part), 1995) 18.06.061 Batte Charging Station "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles and that meets or exceeds any standards, codes, and regulations set forth by RCW 19.28 and is consistent with rules adopted under RCW 19.27.540. (Ord. 2324;1, 2011) 18.06.062 Batte Exchange Station "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swap -able battery to enter a drive lane and exchange the depleted battery for a fully charged battery through a fully automated process that meets or exceeds any standards, codes, and regulations set forth by RCW 19.27 and is consistent with rules adopted under RCW 19.27.540. (Ord. 2324 §2, 2011) 18.06.063 Bed -and -Breakfast Lodging "Bed -and -breakfast" means an owner -occupied dwelling unit that contains guest rooms where lodging is provided for compensation. (Ord 1976 §3, 2001; Ord. 9756 §1 (mart), 199 5) 18.06.064 Best Available Science "Best Available Science" means that scientific information applicable to the critical area prepared by appropriate local, state or federal agencies, a qualified scientist or team of qualified scientists, which will be consistent with the criteria established in WAC 365-195-900 through WAC 365-195-925. Characteristics of a valid scientific process will be considered to determine whether information received during the permit review process is reliable scientific information. A valid scientific process includes some or all of the following characteristics: 1. Peer reviewed research or background information. 2. Study methods clearly stated. 3. Conclusions based on logical assumptions. 4. Quantitative analysis. 5. Proper context is established. 6. References are included that cite relevant, credible literature and other pertinent information. (Ord. 2625 §3, 2020, Ord, 2075 „51 (part), 2004) 18.06.065 Best Management Practices "Best management practices (BMPs)" means conservation practices and management measures which serve to protect trees, including the following practices: 1. Avoiding physical damage to tree trunk, branches, foliage and roots; 2. Restricting the movement, operation, and location of construction materials and equipment to avoid the area under a tree canopy; 3. Minimizing adverse changes in drainage conditions around tree roots; 4. Minimizing adverse changes to the chemical, physical, structural, and organic characteristics of soil around tree roots; 5. Those conservation practices defined by the State of Washington Department of Agriculture, Washington State Department of Ecology, and International Society of Arborists as intended to protect trees. (tend. 1758 §1 (cart), 1995) 18.06.066 Binding Site Improvement Plan "Binding Site Improvement Plan" means an improvement plan processed in accordance with TMC 17.16, which is legally binding on the land owner, his heirs, successors and assigns. (Ord, 1834 §2 (part), 1998) 18.06.070 Bioengineering "Bioengineering" means integrating living woody and herbaceous materials with organic (plants, wood, jute mats, coir logs, etc) and inorganic materials (rocks, soils) to increase the strength and structure of the soil along a riverbank, accomplished by a dense matrix of roots that hold the soil together. The above- ground vegetation increases the resistance to flow and reduces flow velocities by dissipating energy. (Ord, 2347 §4, 2011) 18.06.072 Block "Block" means a group of lots, tracts or parcels, which have been subdivided, and are entirely surrounded by highways or streets or in part by a well-defined or fixed boundary. (Ord, 1834 §2 (part), 1998) 18.06.073 Boarding House "Boarding house" means a residential building or use which provides housing on a short term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels and motels, extended -stay hotels or motels, shelters, and facilities which provide short- or long-term care for tenants suffering from physical, mental or other disabilities. (Ord2251 +3, 2€009; Ord 1976 12, 2001) Produc . y the City of Tukwila, City Clerk's Office Page 18-10 TITLE 18 — ZONING 18.06.074 Brew Pub "Brew pub" means a restaurant -type establishment that meets the following criteria: 1. Sells beer for consumption on site and sale in sealed containers; 2. Restaurant portion can be no larger than 8,000 square feet; 3. Produces beer in batch sizes not less than seven U.S. barrels (thirty one gallons); 4. Produces no more than 2,000 barrels of beer per year; 5. The brew house is enclosed with an air treatment system; 6. Revenue from food sales must comprise at least 60% of total business revenues (Ord, 1814 §1, 1997) 18.06.075 Buffer "Buffer" means an area separating two different types of uses or environments for the purpose of reducing incompatibilities between them, or reducing the potential adverse impacts of one use or environment upon the other. (Ord, 1758 §1 (par!), 1995) 18.06.080 Building "Building" means a structure as defined in this definitions chapter. When a total structure is separated by division walls without openings, each portion so separate shall be considered a separate building. (Ord. 1750 §1 (pant), 1995) 18.06.085 Building, Accessory "Accessory building" means a subordinate building, the use of which is incident to the use of the main building on the same lot. (Ord, 1758 §1 (part), 1995) 18.06.090 Building Area "Building area" means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof. (Ordn 1758 §1(part), 1995) 18.06.095 Building, Detached "Detached building" means a building surrounded on all sides by open space. (Ord. §11758 (part), 1995) 18.06.097 Building Footprint "Building footprint" means the square footage contained within the foundation perimeter of all structures located on a lot, plus overhangs projecting in excess of 18 inches, but excluding decks less than 18 inches above grade. (Ord1971 „1, 2001) 18.06.100 Building Height "Building height" means the height of a building as calculated by the method in the Washington State Building Code. (Ord, 1971 §2, 2001; Ord. 1758 §1 (part), 1995) 18.06.105 Building Line "Building line" means the line of face or corner of part of a building nearest the property line. (Ord, 1758 §1 (part), 1995) 18.06.110 Building, Nonconforming "Nonconforming building" means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the district in which it is located. (Ordn 1758 §1(part), 1995) 18.06.115 Building Permit "Building permit" means a permit for construction in accordance with specific approved plans that are on file with the Department. Ord, 1758 §1 (part), 1995) 18.06.118 Bulk Retail "Bulk retail" is a business or store that specializes in the sale of large goods, requiring large on-site storage. Bulk retail is further distinguished by a lower trip generation rate than other retail stores, as evidenced by a traffic study or other appropriate analysis. Examples include furniture stores, appliance stores and other uses as approved by the Director. Ord, 1795 §1 ('part), 1997) 18.06.119 Bulkhead "Bulkhead" means vertical structures erected parallel to and near the ordinary high water mark for the purpose of protecting adjacent uplands from erosion from the action of waves or currents. (Ord. 2347 §5, 2011) 18.06.120 Bus Station "Bus station" means a facility providing connections between buses serving different inter -city routes. (Ord, 1758 .§1 (part), 1995) 18.06.125 Caliper "Caliper" means the AmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six inches above the ground for up to and including four -inch caliper size trees, and 12 inches above ground for larger size trees. (Ord, 2569 §2, 2018; Ord, 1758 §1 (part), 1995) 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. (Ord, 1758 §1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office Page 11 TITLE 18 — ZONING 18.06.135 Canopy Cover "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City of Tukwila's Recommended Tree List. (Ord, 2569 §3, 2018; Ord, 1758 §1 (part), 199 5) 18.06.137 Cargo Container "Cargo container" means a standardized, reusable vessel that was: 1. Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or, 2. Designed for or capable of being mounted or moved on a rail car; and/or 3. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. (OrdJ. 1989 §1, 2002) 18.06.140 Certified Arborist See "Qualified Tree Professional". (Ord, 2569 §4, 2018; Ord, 1758 §1 (part), 1 18.06.142 Charging Levels "Charging levels" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms "Level 1, 2, and 3" are the most common EV charging levels and include the following specifications: 1. Level 1 is considered slow charging. 2. Level 2 is considered medium charging. 3. Level 3 is considered fast or rapid charging. (Ord, 2324 §3, 2011) 9s) 18.06.143 Channel Migration Zone "Channel migration zone" means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. (Or°d. 2347 §5, 20 11) 18.06.145 Clearing "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. (Ord, 1758 §1 (part), 1995) 18.06.150 Clinic, Outpatient Medical "Clinic, Outpatient Medical" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and/or practitioners and does not include overnight care facilities. This category does not include diversion facility or diversion interim services facility. (OrcL 2678 §3, 2022; Ord, 2287 §3, 2010; Ord, 1756 § 1 (part, 1995) 18.06.152 Closed Record Appeal "Closed record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made after an open record hearing. Testimony and submission of relevant evidence and information shall not be permitted at a hearing on such an appeal. The hearing on such an appeal shall be limited to argument based on the testimony, evidence and documents submitted at the open record hearing conducted on the project permit application. (Ord, 1768 §1(pa t), 1996) 18.06.155 Club "Club" means an incorporated or unincorporated association of persons organized for a social, education, literary or charitable purpose. (Ord, 1758 §1 (part), 1995) 18.06.160 Commercial Laundries "Commercial laundries" means an establishment where textiles are washed for commercial, industrial, and institutional entities not located on the same site. (Ord; 26715 §4, 2022) 18.06.165 Comprehensive Plan "Comprehensive Plan" means the adopted City of Tukwila Comprehensive Plan. (Ord. 1758 §1 (part), 1995) 18.06.170 Continuing Care Retirement Community "Continuing care retirement community" means housing planned and operated to provide a continuum of accommodations and services for seniors including, but not limited to, at least two of the following housing types: independent living, congregate housing, assisted living, and skilled nursing care. (Ord. 2235 §1 (part), 2009) 18.06.172 Contractor Storage Yards "Contractor storage yards" means storage yards operated by, or on behalf of, a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities. (Ord, 2678 §5, 2022) Produce by the City of Tukwila, City Clerk's Office Page 18-12 TITLE 18 — ZONING 18.06.173 Convalescent/Nursing Home "Convalescent/nursing home" means a residential facility, such as a hospice, offering 24-hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in-patient administration of special diets, bedside nursing care and treatment by a physician or psychiatrist. The stay in a convalescent/nursing home is in excess of 24 consecutive hours. This category does not include diversion facility or diversion interim services facility. (Ord, 2287 §4, 2010; Ord. 1.976 §13, 2001) 18.06.175 Cooperative Parking Facility "Cooperative parking facility" means an off-street parking facility shared by two or more buildings or uses. (Ord. 1758 §1 (part), 1995) 18.06.178 Correctional Institution "Correctional institution" means public and private facilities providing for: 1. the confinement of adult offenders; or 2. the incarceration, confinement or detention of individuals arrested for or convicted of crimes whose freedom is partially or completely restricted other than a jail owned and operated by the City of Tukwila; or 3. the confinement of persons undergoing treatment for drug or alcohol addictions whose freedom is partially or completely restricted; or 4. transitional housing, such as halfway houses, for offenders who are required to live in such facilities as a condition of sentence or release from a correctional facility, except secure community transitional facilities as defined under RCW 71.09.020. (Ord, 1991 §1, 2002; Ord, 1976 §14, 2001) 18.06.180 Coverage "Coverage" means the percentage of the area of a lot which is built upon or used for business or commercial purposes. (Ord, 1758 611 (part), 1995) 18.06.181 Critical Root Zone "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk that is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a Qualified Tree Professional. Example: A 24 -inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter. (Ord. 2569 §5, 2018) 18.06.182 Critical Areas "Critical areas" means wetlands, watercourses, areas of potential geologic instability (other than Class I areas), abandoned coal mine areas, fish and wildlife habitat conservation areas, and special hazard flood areas. (Oran 2625 §9, 2020; Ord, 2075 §1 (pram), 2004; Ord, 1758 §1 (part), 1995) (001) Critical Area Buffer "Critical area buffer" means an area lying adjacent to but outside a critical area as defined by this Title, whose function is to protect critical areas from the potential adverse impacts of development, land use, or other activities. A wetland or watercourse critical area buffer also provides critical habitat value, bank stabilization, or water overflow area functions. (Ord, 2625 §7, 2020; Ord, 1758 §1 (part), `1995) (007) Critical Areas Ordinance "Critical Areas Ordinance" means the Environmentally Critical Areas chapter of this title or as amended hereafter which establishes standards for land development on lots with critical areas (e.g. steep slopes, wetlands, watercourses, etc.). (Ord, 2625 §10, 2020; Ord, 2075 §1 (part), 2004; Ord, 1758 §1 (part), 1995) (010) Critical Area Regulated Activities "Critical area regulated activities" means any of the following activities that are directly undertaken or originate in a regulated wetland or watercourse or their buffers: 1. Removal, excavation, grading or dredging of soil, sand, gravel, minerals, organic matter or material of any kind; 2. Dumping, discharging or filling with any material; 3. Draining, flooding or disturbing the water level or water table; 4. Driving of pilings; 5. Placing of obstructions; 6. Construction, reconstruction, demolition or expansion of any structure; 7. Destruction or alteration of wetlands, watercourses or their buffers through clearing, harvesting, shading, intentional burning or planting of vegetation that would alter the character of a regulated wetland, watercourse or buffer, provided that these activities are not part of a forest practice governed under RCW 76.09 and its rules; or 8. Activities that result in a significant change to the water sources of wetlands or watercourses. These alterations include a significant change in water temperature; physical or chemical characteristics, including quantity; and the introduction of pollutants. (Ord. 2625,§8, 2020; Ord, 1753 §1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office Page —13 TITLE 18 — ZONING (013) Critical Area Tract or Easement "Critical area tract or easement" means a tract or portion of a parcel that is created to protect the critical area and its buffer, whose maintenance is assured, and which is recorded on all documents of title of record for all affected lots and subsequent owners. (rr1. 2525 X11, 2020; Ord, 2075 §1 (part`), 2004; Ord. 1758 §1 (part), 1995) 18.06.183 Cul -de -Sac "Cul-de-sac" means a street having one end open to traffic and being terminated at the other end by a circular vehicular turn- around. (Ord, 1334 §2 (part), 1998) 18.06.185 Curb -Cut "Curb -cut" means a depression in the roadside curb for driveway purposes which provides access to a parking space on private premises from a public street. (Ord. 1758 §§1 (part), 199 a) 18.06.190 Dangerous Waste "Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous waste. (Ord, 1758 §1 (part), 1995) 18.06.195 Day Care Center "Day care center" means a state licensed agency which regularly provides care for a group of children during part of the 24- hour day. (Orad:. 1758 ..§1 (part), 1995) 18.06.196 Daylighting "Daylighting" means removing piped sections of a watercourse to create open channels for watercourse conveyance. (Ord, 2075 §1 (part), 2004) 18.06.198 Dedication "Dedication" means a deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. (Ord. 1334 §2 (part), 1995) 18.06.199 Defective Tree "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and 3. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. (Ord, 2523 §1, 2017) Producaby the City of Tukwila, City Clerk's Office 18.06.200 Density Transfer "Density transfer" means a percentage number which represents a credit for housing units which are not allowed to be built in wetlands, watercourses or their buffers. The density transfer is used in a formula for determining the number of residential units allowed on the buildable portion of a lot containing wetlands, watercourses and their buffers. (Ord. 1758 §1 (part), 1995) 18.06.202 Department "Department" means the Department of Community Development. Ord. 1768 §1 (par t), 1996) 18.06.203 Design Criteria "Design criteria" explains mandatory design requirements for development proposals subject to design review. They are the decision criteria by which the Director decides whether to approve, condition or deny a project. (Ord. 2235 §3 (part), 2009, Ord. 1865 §1, 1999) 18.06.204 Design Guidelines "Design guidelines" consist of advisory or recommended descriptions and illustrations that augment each design criteria, and provide guidance to the project applicant developing the project, to City staff in reviewing a project proposal, and to the Director in determining whether the project meets the design criteria. (Ord, 2235 §4 (part), 2009; Ormd. 1865 §2, 1999) 18.06.205 Designated Facility Zone "Designated facility zone" means a zoning district in which hazardous waste treatment and storage facilities are allowed uses, subject to the State siting criteria designated in RCW 70.105. (Ord, 1758 §1 (par), 1995) 18.06.208 Detached Zero -Lot -Line Units "Detached zero -lot -line units" means a development pattern of detached dwelling units constructed immediately adjacent to one side lot line (i.e., no side yard setback), coupled with an easement on the adjacent lot in order to maintain separation between structures. The easement will provide access rights for maintenance purposes, and help preserve privacy and usable yard space. (rd. 2199 S5, 2008) 18.06.210 Development "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit. (Ord. 1758 §1 (part), 1995) 18.06.215 Development Area "Development area" means the impervious surface area plus 75% of any area of pervious hard surface. (Ord, 2518 §3, 2016; Ord„ 2075 §1 (part), 2004; Ord. 1758 §1 (part), 1995) Page 18-14 TITLE 18 — ZONING 18.06.217 Development, Shoreline "Development, shoreline" means, when conducted within the Shoreline Jurisdiction on shorelands or shoreland areas as defined herein, a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; construction of bulkheads; driving of piling; placing of obstructions; or any project of a permanent or temporary nature that interferes with the normal public use of the waters overlying lands subject to the Shoreline Management Act at any stage of water level. "Development, Shoreline" does not include dismantling or removing structures if there is no other associated development or re -development. (Ord, 2627 §1, 2020: Ord, 2 347 §8, 2011) 18.06.220 Diameter at Breast Height (DBH) "Diameter at Breast Height (DBH)" means the diameter of existing trees measured four and one-half feet above the ground. (Ord, 2569 ;8, 2018; Ord 1758 §1 (part), 1995) 18.06.222 Dike "Dike" means an embankment or structure built in the river channel to contain or redirect flow within the channel and prevent shoreline destabilization. (Ord, 2347 §7, 2011) 18.06.225 Director "Director" means the Director of the Department of Community Development, unless otherwise stated. Mrd. 1758 §1 (part), 199 18.06.230 District "District" means an area or district accurately defined as to boundaries and location on the official zoning map (Figure 18-10) and within which district only certain types of land uses are permitted. (Ord, 1758 §1 (part), 1995) 18.06.232 District, Overlay "District, overlay" means a set of zoning requirements that is described in the title text, mapped, and is imposed in addition to those of the underlying district (Ord, 1758 §/ (part), 1995) 18.06.234 Diversion Facility `Diversion facility" is a facility that provides community crisis services, which diverts people from jails, hospitals or other treatment options due to mental illness or chemical dependency, including those facilities that are considered "Triage facilities" under RCW 71.05.020 (43) and those facilities licensed as crisis stabilization units by the State of Washington. (Ord, 2353 §2, 2011; Ord, 2287 §1, 2010) 18.06.235 Diversion Interim Services Facility "Diversion interim services facility" is a facility that provides interim or respite services, such as temporary shelter, medical mental health treatment, case management or other support options such as transportation arrangements for patients who are referred to such a facility from a diversion facility. (Ord. 2287 §2, 2010 18.06.237 Dormitory "Dormitory" means a residential building or use which provides housing for students attending an affiliated school or housing for members of a religious order. Dormitories may include kitchens, cafeterias, meeting rooms, laundry rooms and other accessory facilities to serve the residents of the facility. (Ord. 1975 §15, 2001) 18.06.240 Driveway "Driveway" means a private road giving access from a public way to a building or abutting grounds. (Ord, 1758 §1 (part), 1995) 18.06.242 Durable Uniform Surface "Durable uniform surface" means a durable uniform surface approved for the storage of vehicles by the City and consists of: 1. Permeable pavement, such as grasscrete, porous pavers, permeable asphalt; or 2. Three inches of 3/8" to 1-1/4" crushed porous aggregate consisting of open -graded top course, base course, or similar material with 35-40% porosity. Mud or other fine materials should be prevented from working their way to the surface by the installation of a geotextile fabric, quarry spalls, or other approved materials below the porous aggregate; or Produced by the City of Tukwila, City Clerk's Office Page —15 TITLE 18 — ZONING 3. Concrete (4" minimum Portland cement concrete) over gravel section as described above and sloped to drain to prevent drainage impacts; or 4. Blacktop (2" minimum asphalt concrete pavement) over gravel section as described above and sloped to drain to prevent drainage impacts; or 5. Any other configuration of materials approved by the City that maintains a durable uniform surface and prevents drainage impacts. (0r°r1, 2518 §5, 8) 18.06.245 Dwelling, Manufactured Home or Mobile Home "Manufactured home dwelling" means a single-family dwelling required to be built in accordance with the regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (Ord, 2097 §1, 2005; Ord, 1758 §1 (pat, 1995) 18.06.246 Dwelling, Mobile Home "Dwelling, mobile home" means a factory -built dwelling constructed before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 and acceptable under applicable State codes in effect at the time of construction or introduction of the home into this state. (Ord, 2097 §1, 2005) 18.06.247 Dwelling, Multi -Family "Multi -family dwelling" means a building designed to contain two or more dwelling units. Duration of tenancy in multi -family dwellings is not less than one month. (Ord. 1976 §4, 2001; Ord, 1758 §1 (pati,), 1995) 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, 2716 §4, 2023; Ormd. 2098 §1, 2005; Ord, 1976 §59 2001; Ord, 1758 §1 (part), 1995) 18.06.249 Dwelling Unit "Dwelling unit" means the whole of a building or a portion thereof providing complete housekeeping facilities for a group of individuals living together as a single residential community, with common cooking, eating and bathroom facilities, other than transitory housing or correctional facilities as defined in this code, which is physically separated from any other dwelling units which may be in the same structure. (Ord„ 1976 §7, 2001; Ord, 1753 §1 (part), 1995) 18.06.250 Ecological/Ecosystem Functions (or Shoreline Functions) "Ecological/ecosystem functions (or shoreline functions)" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26- 200 (2)(c). (Or'd. 2347 §9, 2011) 18.06.252 Ecosystem -Wide Processes "Ecosystem -wide processes" means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. (Ord, 2347 §10, 2011) 18.06.255 Emergency Housing "Emergency housing" shall have the meaning listed in RCW 36.70A.030. (Ord. 2658 §2,, 2021) (001) Emergency Shelter "Emergency shelter" shall have the meaning listed in RCW 36.70A.030. (Orsi, 2658 §3, 2021) (002) Permanent Supportive Housing "Permanent supportive housing" shall have the meaning listed in RCW 36.70A.030. (rd. 2658 §4, 2021) (003) Transitional Housing "Transitional housing" means a facility that provides housing, case management, and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living. (Ord 2658 §5a 2021) (004) Domestic Shelter "Domestic Shelter" means a one- or two -unit residential building providing housing on a short-term basis for victims of abuse and their dependents (children under the age of 18). (Ord. 2658115, 2021; Ord, 1976 §16, 2001) 18.06.258 Electric vehicle "Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off - board source, that is stored on -board for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric vehicle. (Orrlx 2324 §4, 2011) Produce • • y the City of Tukwila, City Clerk's Office Page 18-16 TITLE 18 — ZONING 18.06.259 Electric Vehicle Charging Station "Electric vehicle charging station" means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. (Ord, 2324 §.5, 2011) 18.06.260 Electric Vehicle Charging Station -Restricted "Electric vehicle charging station—restricted" means an electric vehicle charging station that is (1) privately owned and has restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). (Ord. 2324 §6, 2011) 18.06.261 Electric Vehicle Charging Station -Public "Electric vehicle charging station—public" means an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on - street parking) or (2) privately owned and publicly available (e.g., shopping center parking, non -reserved parking in multi -family parking lots). (Ord. 2324 §7 2011) 18.06.262 Electric Vehicle Infrastructure "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 2324 §8, 2011) 18.06.263 Electric Vehicle Parking Space "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. (Ord. ,2324 §9, 2011) 18.06.264 Engineer, Geotechnical "Geotechnical engineer" means a professional engineer who can document at least four years of employment as a professional engineer in the field of geotechnical engineering. (Ord. 2075 §1 ()art), 2004; Ord. 1758 §1 (pant), 1995) 18.06.266 Engineer, Professional "Professional engineer" means an engineer licensed in the State of Washington. (Ord, 2075 61 (part), 2004) 18.06.268 Engineering, Geotechnical "Geotechnical engineering" means the application of civil engineering technology that combines the basic physical sciences, geology and pedology, with hydraulic, structural, transportation, construction, and mining engineering as each relates to the natural materials found at or near the earth's surface (soils and rock). Geotechnical engineering includes: 1. Soils mechanics: kinematics, dynamics, fluid mechanics, and mechanics of material applied to soils in order to build with or on soils. 2. Foundation engineering: applied geology, soil mechanics, rock mechanics, structural engineering to design, and construction of civil engineering and other structures. Evaluate foundation performance (static and dynamic loading), stability of natural and excavated slopes, stability of permanent and temporary earth -retaining structures, construction problems, control of water movement and soil pressures, maintenance and rehabilitation of old buildings. 3. Rock engineering: buildings, dams, deep excavations, tunnels. (Ord, 2075 §1 (parr), 2004) 18.06.269 Environment Designation "Environment designation" means the term used to describe the character of the shoreline in Tukwila based upon the recommended classification system established by WAC 173-26- 211 and as further refined by Tukwila's Shoreline Master Program (SMP). (Ord, 2347 X11, 2011) 18.06.270 Essential Public Facility "Essential public facility" means a facility which provides a basic public service, provided in one of the following manners: directly by a government agency, by a private entity substantially funded or contracted for by a government agency, or provided by a private entity subject to public service obligations (i.e., private utility companies which have a franchise or other legal obligation to provide service within a defined service area). This does not include facilities that are operated by a private entity in which persons are detained in custody under process of law pending the outcome of legal proceedings. (Ord, 2678 §66, 25224 1758 §1 (part`), 1995) 18.06.280 Essential Use "Essential use" means that use for the preservation or promotion of which the use district was created and to which all other permitted uses are subordinate. (Ord, 1758 §1 (part), 1995) 18.06.283 Essential Utility "Essential utility" means a utility facility or utility system where no feasible alternative location exists based on an analysis of technology and system efficiency. (rd,. 2625 §5, 020) 18.06.285 Essential Street, Road, or Right -of -Way "Essential street, road, or right-of-way" means a street, road or right-of-way where no feasible alternative location exists based on an analysis of technology and system efficiency. (Ord. 2625 §4, 2020; Ord, 1758 §1 (pari), 1995) 18.06.287 Extended -Stay Hotel or Motel "Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of which contain independent provisions for living, eating and sanitation including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and are specifically constructed, kept, used, maintained, advertised and held out to the public to be a Produced by the City of Tukwila, City Clerk's Office Page —17 TITLE 18 — ZONING place where temporary residence is offered for pay to persons for a minimum stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or motels shall not include dwelling units, as defined in this section, for permanent occupancy. The specified units for extended -stay must conform to the required features, building code, and fire code provisions for dwelling units as set forth in this code. Nothing in this definition prevents an extended -stay unit from being used as a hotel or motel unit. Extended -stay hotel or motels shall be required to meet the hotel/motel parking requirements. Not included are institutions housing persons under legal restraint or requiring medical attention or care. (rd, 2251 §,4, 2009) 18.06.290 Extremely Hazardous Waste "Extremely hazardous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous waste. (Ord, 1758 .51 (part), 1995) 18.06.300 Family Child Care Home "Family child care home" means a "family day-care provider" as defined in RCW 74.15.020: a state -licensed facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children, including children who reside at the home, within an age range of birth through 11 years, exclusively for periods less than 24 hours per day. An off-street parking space shall be made available for any non-resident employee. (Ord. 1976 510, 2001; Ord, 1758 51 (pard), 199 a) 18.06.305 Feasible "Feasible" means, for the purpose of the Shoreline Master Program, that an action such as a development project, mitigation, or preservation requirement, meets all of the following conditions: 1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; 2. The action provides a reasonable likelihood of achieving its intended purpose; and 3. The action does not physically preclude achieving the projects primary intended legal use. In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the reviewing agency may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. (Ord., 2347 512, 2011) Producaby the City of Tukwila, City Clerk's Office 18.06.310 Fence "Fence" means a wall or barrier for the purpose of enclosing space, separating parcels of land or acting as a screen or protective barrier. (Ord, 1758 51 (part),1995) 18.06.315 Filling "Filling" means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpiling of fill material). (Ord, 1758 51 (part), 1993) 18.06.318 Final Plat "Final plat" means the final drawing of the subdivision and dedication prepared for filing for record with the Department of Records and Elections, and containing all elements and requirements set forth in the subdivision code. (Ord, 1834 52 (part), 1998) 18.06.320 Fire Lane "Fire lane" means an aisle, lane or roadway on an improved site which is designed, constructed and required for emergency access of fire and aid unit vehicles. (Ord, 1758 51 (part), 199 5) 18.06.325 Floor Area "Floor area" means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior walls and from the centerline of divisions walls. Floor area includes basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of 7 feet 6 inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches, and malls. Floor area shall not include accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than 7 feet 6 inches, exterior steps or stairs, terraces, breezeways and open spaces. (Ord, 1758 51 (part), 1995) 18.06.330 Flood Plain "Flood plain" means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year (synonymous with 100 -year flood plain). The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method that meets the objectives of the Shoreline Management Act. (Or°d, 2347 513, 2011) Page 18-18 TITLE 18 — ZONING 18.06.335 Flood Hazard Reduction "Flood hazard reduction" means actions taken to reduce flood damage or hazards. Flood hazard reduction measures may consist of nonstructural or indirect measures, such as setbacks, land use controls, wetland restoration, dike removal, use relocation, bioengineering measures, and storm water management programs; and of structural measures such as dikes and levees intended to contain flow within the channel, channel realignment, and elevation of structures consistent with the National Flood Insurance Program. (Orr1. 2347 §14, 2011) 18.06.338 Floodway "Floodway" means the area that has been established in effective federal emergency management agency flood insurance rate maps or floodway maps. The floodway does not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. (*rr1 2627 §2, 2020; Ord, 7347 §15, 2912°) 18.06.340 Fraternal Organization "Fraternal organization" means a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements. (Ord, 1758 §1 (part), 1995) 18.06.345 Garage, Private "Private garage" means sheltered or enclosed space designed and used for the storage of motor vehicles or boats of the residents of the premises. (Ord. 1758 §1 (part), 1995) 18.06.353 General Retail "General retail" is a business or a store which engages in the sale of goods and/or services to the general public. Examples include department stores and personal service shops. (Oat 1795 §1 (part), 1997) 18.06.355 Geologist "Geologist" means a person licensed to practice as a geologist in the State of Washington who has earned a degree in geology, engineering geology, hydrogeology or one of the related geological sciences from an accredited college or university, or a person who has equivalent educational training and has experience as a practicing geologist. (Ord, 2075 g1 (pari), 2004; Ord, 1758,§1 (part), 1995) 18.06.365 Grade "Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line, if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley or public way. (Ord, 1758 §1 (part), 1995) 18.06.370 Grading "Grading" means activity that results in change of the cover or topography of the earth, or any activity that may cause erosion, including clearing, excavation, filling and stockpiling. (Ord. 2347 §16, 2011; Ord, 1758 §1 (part), 1995) 18.06.380 Groundcover "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface. (Ord, 1758 §1 (p 1), 1995) 18.06.385 Hazardous Substance "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by WAC 173-303. (Ord. 1758 § 1 (part), 1995) 18.06.390 Hazardous Substance Processing or Handling "Hazardous substance processing or handling" means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. (11rr.1. 1758 §1 (part), 199 5) 18.06.395 Hazardous Tree See "Defective Tree." (Ord, 2523 §2. 2017; Ord, 1758 5S1 (part), 18.06.400 Hazardous Waste "Hazardous waste" means and includes all waste as defined in this definitions chapter and all extremely hazardous waste as defined in this definitions chapter. (Ord. 1758 §1 (part), 199 a) 5 Produced by the City of Tukwila, City Clerk's Office Page —19 TITLE 18 — ZONING 18.06.405 Hazardous Waste Storage "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of WAC 173-303. (Ord, 758 §/ (part), 1995) 18.06.410 Hazardous Waste Treatment "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes non -dangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. (Ord, 1758 51 (part), 1995) 18.06.415 Hazardous Waste Treatment and Storage Facility, Off -Site "Off-site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off-site facility is located. (1rd. 1758 51 (part), ), 99 ) 18.06.420 Hazardous Waste Treatment and Storage Facility, On -Site "On-site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes generated on the same site. (Orr. 1758 §1 (part), 1995) 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 by a resident of the dwelling place. (Ord, 2718 53, 2023; Ord, 1974 §11, 2001 Ord. 1758 § 1 (part), 1995) 18.06.435 Hospital "Hospital" means a building requiring a license pursuant to RCW 70.41 and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes, diversion facility/diversion interim services facility and outpatient medical clinics are not included. (Ord. 228755, 201(1; Ord, 1758§1 (part), 1995) 18.06.440 Hotel "Hotel" means a building, or buildings or portion thereof, the units of which are used, rented or hired out as sleeping accommodations only for the purpose of transitory housing. Hotel rooms shall have their own private toilet facilities, and may or may not have their own kitchen facilities. Hotels shall not include dwelling units, as defined in this section, for permanent occupancy. A central kitchen, dining room and accessory shops and services catering to the general public can be provided. No room may be used by the same person or persons for a period exceeding thirty (30) calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. (Ord, 225155 2009, Ord, 1758 51 (part), 1995) 18.06.445 Impervious Surface "Impervious surface" means those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. (Ord, 1758 51 (part), 199 5) 18.06.450 Infrastructure "Infrastructure" means the basic installations and facilities on which the continuance and growth of a community depend, such as roads, public buildings, schools, parks, transportation, water, sewer, surface water and communication systems. (Ord, 1758 51 (p r1) 1995) 18.06.453 Integrated Site "Integrated site" means a commercial or industrial zoned property for which a Binding Site Improvement Plan is being or has been approved and recorded. The site typically contains within it multiple tracts of land under separate leasehold or ownership, but functions as a single center. Characteristics of an integrated site includes commonly shared access, parking, utilities, signage and landscaping; the site is not bisected by a public or private street; and zoning and sign regulations are applied to the entire site, as if there were no interior property lines. (Ord, 1834 52 (par), 1998) 18.06.454 Internet Data/Telecommunication Center "Internet data/telecommunication center" means a secure, climate -controlled facility with emergency backup power that contains internet data transmission and switching equipment and/or telecommunication transmission and switching equipment. This equipment may include computer network routers, switches and servers for one or more companies. (Ord, 1974 s1, 2001) 18.06.456 Invasive Plant and Tree List "Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees that are prohibited from being planted in Produce •` &• y the City of Tukwila, City Clerk's Office Page 18-20 TITLE 18 — ZONING landscaped areas subject to an approved landscape plan, and City properties and rights-of-way. (Ord, 2569 512, 2018) 18.06.460 Junk Yard "Junk yard" means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging and sale of parts of machinery or vehicles not in running condition. (Ord:. 1758 §1 (mart), 1995) 18.06.465 Kennel "Kennel" means a place where four or more dogs or cats or any combination thereof are kept. (Ord, 1758 51 (part), 1995) 18.06.470 Laboratory, Medical and Dental "Medical or dental laboratory" means premises devoted to sample testing or product development in any branch of medicine or dentistry, including the application of scientific principles in testing, analysis, or preparation of drugs, chemicals or other products or substances but specifically excluding the commercial manufacturing or storage and distribution operations in excess of 20,000 square feet of floor area. (Ord, 1758 51 (part), 1995) 18.06.472 Large Woody Debris (LWD) "Large Woody Debris (LWD)" means whole trees with root wads and limbs attached, cut logs at least 4 inches in diameter along most of their length, root wads at least 6.5 feet long and 8 inches in diameter. Large woody debris is installed to address a deficiency of habitat and natural channel forming processes. (Ord. 2347 517, 2011) 18.06.473 Land Surveyor "Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43 and licensed to perform land surveys in the State of Washington. (Ord. 1834 52 (part), °19998) 18.06.475 Land -Altering Activity "Land -altering activity" means any activity that results in change of the natural cover or topography, as defined in TMC 16.54, Land Altering. C d, 1758 §1 (part), 1995) 18.06.480 Land -Altering Permit "Land -altering permit" means a permit for land -altering activity issued by the City of Tukwila pursuant to TMC 16.54, Land Altering. (Ord, 1758 §1 (part), 199 r) 18.06.486 Landscape Design Professional "Landscape Design Professional" means a landscape architect licensed by the State of Washington or an individual who has graduated from an accredited landscape design program. (Ord. 2569 514, 2018) 18.06.490 Landscaping or Landscaped Areas "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may serve as bioswales to reduce storm water runoff, subject to the standards of this chapter and TMC 14.30. (Ord, 2569 5515, 2018; Ord, 1758 §1 (part), 1995) (001) Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. (Ord, 2569 516, 2018) 18.06.492 Lease "Lease" means a contract or agreement whereby one party grants to another party general or limited rights, title or interest in real property. This definition is intended to apply to those agreements which are ordinarily considered "ground leases", and shall not apply to those which are ordinarily considered "space leases." (Ord. 1834 52 (part), 1998) 18.06.493 Levee "Levee" means a broad embankment of earth built parallel with the river channel to contain flow within the channel and prevent flooding from a designated design storm. (Ord, 23477 518, 2011) 18.06.495 Loading Space "Loading space" means a space which is on the same site with the principal use served and which provides for the temporary parking of a vehicle while loading or unloading merchandise, materials or passengers. (Or°d. 1758 51 (pard, 1995) Produced by the City of Tukwila, City Clerk's Office Page -21 TITLE 18 — ZONING 18.06.500 Lot A. "Lot" means a physically separate and distinct parcel of property which: 1. was created by plat, short plat, or binding site plan; or 2. was bought or sold as a separately -owned parcel of property prior to the requirement that lots be created by plat, short plat, or binding site plan; or 3. was created by a transaction which was exempt from the requirement that lots be created by plat, short plat or binding site plan. B. "Lots" may be bought or sold as separate parcels of property, but the fact that a parcel of property is defined as a "lot" does not necessarily mean that it may be developed as a separate building site. (Ord 2097 §3, 2005; Ord, 1758 §1 (pram`), /995) 18.06.505 Lot Area "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right-of-way, street easement, fire access roads or private access roads except, where the private road serves four or fewer lots. (Ord, 2251 §6, 2009; Ord 1834 §3. 1998; Ord, 1758 §1 (part), 1995) 18.06.510 Lot, Corner "Corner lot" means a lot abutting two or more streets or parts of the same street forming an interior angle of less than 135 degrees within the lot lines. (Ord, 1758 §1 (part), 199 5) 18.06.520 Lot Depth "Lot depth" means the mean dimension of the lot from the front street line to the rear line. (Ord. 1758 §1 (part), 1945) 18.06.525 Lot Frontage "Lot frontage" means that front portion of a lot nearest the street, except on a corner lot in which case the front yard shall be considered the narrowest part of the lot that abuts a street. (Ord. 1758 §1 (part), 1995) 18.06.530 Lot Lines "Lot lines" means the property lines bounding the lot; except that in MDR and HDR zones, lot lines shall also include the curbline or edge or easement, whichever provides a greater width, of any adjacent 'access roads'. (Ord, 1758 §1 (part), 1995) 18.06.535 Lot, Interior "Interior lot" means a lot other than a corner lot with only one frontage on a street. (Ord. 1758 `1 (part), 1995) 18.06.538 Lot, Parent "Parent lot" means the initial lot from which unit lots are subdivided for the exclusive use of townhouses, cottage housing, compact single-family, zero -lot -line units, or any combination of the above types of residential development. (Ord, 2199 §6, 2008) 18.06.540 Lot, Through "Through lot" means a lot fronting on two streets that do not intersect on the parcel's lot lines. (Ord, 1758 §1 (part), 1995). 18.06.543 Lot, Unit "Unit lot" means one of the individual lots created from the subdivision of a parent lot for the exclusive use of townhouses, cottage housing, compact single-family, zero -lot -line units, or any combination of the above types of residential development. (Ord. 2199 §7, 2008) 18.06.545 Lot Width "Lot width" means the mean horizontal distance between lot side lines. (Ord, 1758 §1(part), 1995) 18.06.551 Marijuana "Marijuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord, 2407 §2, 2013) 18.06.552 Marijuana Processor "Marijuana processor" means a person licensed by the state Liquor and Cannabis Board to process marijuana, whether medical or recreational, into marijuana concentrates, useable marijuana and marijuana -infused products; package and label marijuana concentrates, useable marijuana and marijuana -infused products for sale in retail outlets; and sell marijuana concentrates, useable marijuana and marijuana -infused products at wholesale to marijuana retailers. (Ord, 2479 §3, 2015; Ord, 2407 §,;,3 18.06.553 Marijuana Producer "Marijuana producer" means a person licensed by the state Liquor and Cannabis Board to produce and sell marijuana, whether medical or recreational, at wholesale to marijuana processors and other marijuana producers. (Ord, 2479 §4, 2015; Ord. 2407 §4, 2012) Produc by the City of Tukwila, City Clerk's Office Page 18-22 TITLE 18 — ZONING 18.06.554 Marijuana Retailer "Marijuana retailer" means a person licensed by the state Liquor and Cannabis Board to sell marijuana concentrates, use- able marijuana, and marijuana -infused products in a retail outlet, for either recreational or medical use. (Ord, 2479 §5, 2015; Ord, 2407 §5, 2013) 18.06.555 Major Adjustment "Major adjustment" means an adjustment determined by the Director as a major change in a final development plan which changes the basic design, density, open space or other substantive requirements or provisions. (Ord. 1758 §1 (part), 1995) 18.06.556 Marijuana -infused Products "Marijuana -infused products" means products that contain marijuana or marijuana extracts; are intended for human use, whether medical or recreational; and have a THC concentration within the limits set forth in RCW 69.50.101. The term "marijuana - infused products" does not include either useable marijuana or marijuana concentrates. (Ord, 2479 §0, 2015; Ord, 2407 §6, 2013), 18.06.557 Marijuana Concentrates "Marijuana concentrates" is as defined under RCW 69.50.101. (Ord, 2479 §2, 2015) 18.06.560 Mall "Mall" means an enclosed public area, typically a concourse, designed as a pedestrian walkway along rows of shops and often set with landscaping and/or seating. (Ord, 1758 §1 (part), 1995) 18.06.565 Manufactured/Mobile Home Park "Manufactured/mobile home park" means a master planned development consisting of a grouping of manufactured or mobile home dwellings, and may include park management offices and accessory community facilities for the exclusive use of park residents, such as recreation, laundry or storage facilities. (Or,1. 1750 §1 (psrt), 1995) 18.06.567 Manufacturing "Manufacturing" is a building or group of buildings which specializes in the manufacturing of products or in the research and testing of products. Examples include factories, testing laboratories, creameries, bottling establishments, bakeries, canneries, printing and engraving shops. (Ord, 1795;§1(par), 1997) 18.06.568 Mass Transit Facilities "Mass transit facilities" shall include structures and infrastructure for public or private transportation systems having established routes and schedules such as transit centers, commuter and light rail facilities, both rail lines and stations, monorails, people movers and other similar mass transit facilities but not including incidental improvements such as bus stops. (Ord 1865 §3, 1999) 18.06.570 Mean High Water Mark "Mean high water mark" means the elevation of the surface of Green River and Duwamish River waters when the discharge rate at the U. S. Geological Survey Stream Gauging Station, Green River near Auburn (121130), is 9,000 cfs and as determined by maps on file with the City Clerk. (Oni. /758§1 (part), 1995) 18.06.571 Mean Higher High Water (MHHW) "Mean Higher High Water (MHHW)" means the average of the higher high water height of each tidal day, and used in determining the ordinary high water mark for the tidally influenced portions of the river. (Ord, 2347 §20, 2011) 18.06.575 Mining and Quarrying "Mining and quarrying" means removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, greater than 50,000 cubic yards cumulative. (Ord, 1758 §1 (part), 1995) 18.06.580 Minor Adjustment "Minor adjustment" means any change which is not determined by the Director to be a major change. (Ord, 1758 §1 (part), '1995) 18.06.581 Mitigation "Mitigation" means replacing project induced critical area and buffer losses or impacts, and includes but is not limited to the following: 1. Restoration: Actions performed to reestablish critical area and its buffer functional characteristics and processes that have been lost by alterations, activities or catastrophic events within an area that no longer meets the definition of a critical area; 2. Creation: Actions performed to intentionally establish a critical area and its buffer at a site where it did not formerly exist; 3. Enhancement: Actions performed to improve the condition of an existing degraded critical area or its buffer so that the functions it provides are of higher quality. (Ord. 2625 §6, 2020; Ord, 2075 ,51 (part), 2004; Ord, 1758 §1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office Page f8 23 TITLE 18 — ZONING 18.06.583 Modular Home "Modular home" means a factory -built residential structure, transportable in one or more sections, which meets the requirements of the Uniform Building Code. (Ord. 1974 §6, 2001) 18.06.585 Motel "Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units, as defined in this section, for permanent occupancy. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. (Ord. 2257 §7, 2999: Ord, 1758 §1 (pail), l995) 18.06.586 Native Vegetation "Native vegetation" means plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and that reasonably could be expected to have occurred naturally on the site. (11rd, 2518 §4, 2016; Ord 2247 §21, 2811) 18.06.587 New Manufactured Home "New manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). (Ord 2097 §4, 2005) 18.06.588 No Net Loss "No net loss" means a standard intended to ensure that shoreline development or uses, whether permitted or exempt, are located and designed to avoid loss or degradation of shoreline ecological functions that are necessary to sustain shoreline natural resources. (Old, 2347 §22, 2011) 18.06.589 Nonconforming Use, Shoreline "Nonconforming use, shoreline" means a use or development that was lawfully constructed or established prior to the effective date of the Shoreline Management Act or the Shoreline Master Program or amendments thereto, but which does not conform to present regulations or standards of the program. (Ord. 2347 §23, 2011) 18.06.590 Nonconforming Use "Nonconforming use" means the use of land which does not conform to the use regulations of the district in which the use exists. (Ord. 1 758 §1 (part), 1995) 18.06.591 Non -Water -Oriented Uses "Non -water -oriented uses" means those uses that are not water -dependent, water -related, or water -enjoyment. (Ord. 2347 §24, 2011) 18.06.592 Office "Office" is a building or a group of buildings dedicated to non- manufacturing types of work that are for the use of employees but may or may not be for use by the general public. Examples include services such as accounting, advertising, architectural/engineering, consulting, information processing, legal, medical and/or dental. (Ord:. 1795 §1 (part), 1997) 18.06.593 Open Record Appeal "Open record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made without an open record hearing. Testimony and submission of relevant evidence and information shall be permitted at the hearing on such an appeal. (Ord. 1768 §1 (part), 1996) 18.06.594 Open Record Hearing "Open record hearing" means a quasi-judicial hearing conducted by a hearing body which creates the official record regarding a permit application. Oral testimony and submission of relevant evidence and documents shall be permitted at such a hearing. Mrd. 1768 §1 (par -1), 1996) 18.06.595 Open Space "Open space" means that area of a site which is free and clear of building and structures and is open and unobstructed from the ground to the sky. (Ord. 1758 §1 (part) 1995) 18.06.600 Open Space Tract "Open space tract" means a tract that is established to preserve open space, and which is recorded on all documents of title of record for all affected lots and subsequent owners. (Ord, 1758 §1 (part), 1995) 18.06.605 Ordinary High Water Mark "Ordinary High Water Mark" means the mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters (all lakes, streams, and tidal water) are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology. In any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. (Ord, 2347 §25, 2011; Ord. 1758 §'1 (part), 1995) Produc y the City of Tukwila, City Clerk's Office Page 18-24 TITLE 18 — ZONING 18.06.607 Overwater Structure "Overwater structure" means any device or structure projecting over the ordinary high water mark, including, but not limited to bridges, boat lifts, wharves, piers, docks, ramps, floats or buoys. (rd, 2347 §26, 2011) 18.06.610 Parcel "Parcel" means a tract or plat of land of any size which may or may not be subdivided or improved. (Ord, 1758 §1 (part), 1995) 18.06.611 Park and Ride "Park and Ride" means a facility for temporarily parking automobiles, the occupants of which transfer to public transit to continue their trips. (rd. 1986 §3, 2.001) 18.06.613 Parking, Commercial "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. (Ord, 1955 §4, 2001) 18.06.615 Parking Space "Parking space" means an off-street parking space which is maintained and used for the sole purpose of accommodating a temporarily parked motor vehicle and which has access to a street or alley. (Ord, 1758 $1 (part), 1995) 18.06.617 Pawnbroker "Pawnbroker" is an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. (Ord, 1974 §2, 2001) 18.06.618 Performance Bond or Guarantee "Performance bond or guarantee" means that security to ensure installation of certain required improvements which may be accepted to defer those improvements when such a deferment is warranted and acceptable to the City. (Ord. 1834 §2 (pard), 1998 18.06.620 Performance Standards "Performance standards" means specific criteria for fulfilling environmental goals, and for beginning remedial action, mitigation or contingency measures, which may include water quality standards or other hydrological, geological or ecological criteria. (Ord, 1758 §1 (pa ), 1995) 18.06.625 Person "Person" means any legal entity recognized by the State of Washington for the purpose of assigning legal responsibility, to include - but not limited to - individuals, partnerships, corporations, associations, commissions, boards, utilities, institutions, and estates. "9rd. 1758;§i (part), 1995) 18.06.627 Pervious Hard Surface "Pervious hard surface" means permeable pavement or a green roof. (Ord2518 §6, 271 8) 18.06.630 Plan "Plan" means a sketch, survey or other drawing, photograph or similar document which may be a part of the set of permit drawings or construction documents, sufficient for the Director to make a final permit decision. (Ord. 1758 §1 (pard), 1995) 18.06.632 Planned Residential Development (PRD) "Planned residential development (PRD)" means a form of residential development characterized by a unified site design for a number of dwelling units, clustered buildings, common open space, and a mix of building types. The PRD is an overlay district which is superimposed over the underlying district as an exception to such district regulations, as processed through procedures specified in the Planned Residential Development District chapter of this title. (See TMC 18.46, Planned Residential Development) ( rd, 1758 §1 (part), 1995) 18.06.633 Planning Commission "Planning Commission" means that body as defined at TMC 2.36. (Ord, 1834 §2 (part), 1998) Produced by the City of Tukwila, City Clerk's Office Page —25 TITLE 18 — ZONING 18.06.635 Plat "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications. (Ord, 1834 §2 (part), 1998) 18.06.636 Preliminary Plat "Preliminary plat" means a neat and approximate drawing of a proposed subdivision or short plat, showing the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be applicable to the proposal, and other elements of a plat which shall furnish a basis for the approval or disapproval of the application. (Ord. 1834 §2 (part), 1998) 18.06.637 Principal Building "Principal building" means the principal structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. (Ord. 1834 S2 (pii1),1998) 18.06.638 Private Access Road "Private access road" means a minor, privately owned and maintained road which serves to provide access to lots as authorized pursuant to TMC 17.24.030 and 17.28.050. (Ord, 1834 §2 (part), 1998) 18.06.640 Property Owner "Property owner" means the owner of record for a site, or his or her authorized representative. (Ord, 1758 dr1 (part), 1995) 18.06.645 Protected Tree/Protected Vegetation "Protected tree/protected vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. (Dada 1758 §1 (part), 1795) 18.06.650 Protection Measure "Protection measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Permit. (Ord, 2569 §i8, 2018) Ord. 1758 §1 (part), 199 5i 18.06.651 Protective Fencing "Protective fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is required by a Tree Permit or approved landscaping plan. (Ord. 2569 r§19, 2018; Ord, 1758 §1 (part), 1995) 18.06.652 Pruning "Pruning" means the cutting or limbing of tree or shrub branches as specified in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". (001) Topping "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. (Ord. 2569 §2d), §,27, 2018) 18.06.655 Public Access "Public access" means the ability of the general public to reach, touch or enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. Public access may be provided by an owner by easement, covenant, or similar legal agreement of substantial walkways, corridors, parks, or other areas serving as a means of view and/or physical approach to public waters. (+d. 2347 27, 2011) 18.06.656 Public Entity "Public entity" mean any Federal, State, or local government body or agency. (Ord. 2135 §2 (part), 2006) 18.06.657 Public Meeting "Public meeting" means an informal meeting or workshop to provide public information regarding a project permit application and to obtain comments about the application from the public. The information gathered at such a meeting does not constitute part of the official record regarding a project permit application. (Ord, 1768 ;1 (pall), 1996) 18.06.658 Public Right -of -Way "Public right-of-way" means all public streets, alleys and property granted, reserved for, or dedicated to public use for streets and alleys, together with all public property granted, reserved for, or dedicated to public use, including but not limited to walkways, sidewalks, trails, shoulders, drainage facilities, bikeways and horse trails, whether improved or unimproved, including the air rights, subsurface rights, and easements related thereto. (Ord. 2135 §2 (part), 2006) 18.06.660 Rapid Charging Station "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries Producerd►'by the City of Tukwila, City Clerk's Office Page 18-26 TITLE 18 — ZONING through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by RCW 19.28 and is consistent with rules adopted under RCW 19.27.540. (Ord, 2324 §i0, 2011) 18.06.662 Reach "Reach" means a segment of a watercourse with uniform characteristics. (Ord. 1758 §1 (part),, 1995) 18.06.665 Recreation Space "Recreation space" means covered and uncovered space designed and intended for active and/or passive recreational activity including but not limited to tennis courts, swimming pools, cabanas, playgrounds, playfields, or wooded areas, and specifically excluding any parking area, driveway, or rockery. (Ord, 1758 §1 (part), 1995) 18.06.670 Recreation Space, Covered "Covered recreation space" means an area of ground covered or overlaid by an artificial or manmade surface, such as rooftops or pavement. (Ord'. 1758 §1 (part), 19115) 18.06.675 Recreation Space, Uncovered "Uncovered recreation space" means an area of ground characterized by a natural surface, such as lawn, forests, or sandboxes (for children's play). (Ord. 1758 §'1 (part), 1995) 18.06.676 Regional Detention Facility "Regional detention facility" means a stormwater detention and/or retention facility that accepts flow from multiple parcels and/or public right-of-way. The facility may be public or private. (Ord, 2347 9:28, 2011) 18.06.677 Revetment "Revetment" means a sloping structure built to increase bank strength and protect an embankment or shore against erosion by waves or river currents. A revetment is usually built of rock rip -rap, wood, or poured concrete. One or more filter layers of smaller rock or filter cloth and "toe" protection are included. A revetment typically slopes and has a rough or jagged face. The slope differentiates it from a bulkhead, which is a vertical structure. (Ord, 2347 §29, 2011) 18.06.680 Research and Development Facility "Research and development facility" means a use in which research and experiments leading to the development of new products or technology are conducted. This definition includes, but is not limited to, facilities engaged in all aspects of bio -medical research and development. This use may be associated with, or accessory to, institutional and commercial uses such as business or administrative offices and medical facilities. (Ord 2235 §2 (;pail), 2009) 18.06.682 Religious Facility "Religious facility" means a facility operated for worship, prayer, meditation or similar activity by an organization granted tax exempt status by the Federal Internal Revenue Service. (Ord, 22.E1 §8, 2009) 18.06.685 Residence "Residence" means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. (Ord, 1758 §1 (pe rt), 1995) 18.06.687 Restaurant "Restaurant" is an establishment whose principal business is the sale of foods to be eaten on the premises, including either indoor or outdoor seating, which may also include an area reserved for the sale of alcoholic beverages. (Ord, 1795 §1 (part), 1997) 18.06.688 Restaurant, Fast Food "Restaurant, fast food" means an establishment whose principal business is the sale of foods, frozen desserts, or beverages served in or on disposable containers for consumption while seated within the building or in a vehicle or incidentally within a designated outdoor area, or for takeout with consumption off the premises. (Ord.. 1795 §1 (part), 1997) 18.06.689 Right -of -Way "Right-of-way" means a right belonging to a party to pass over land of another. (Ord, 1834 §2 (part), 1998) 18.06.690 Riparian "Riparian" means the land along the margins of rivers and streams. (Ord, 2347 §30, 2011) 18.06.691 River Channel "River Channel" means that area of the river lying riverward of the mean high water mark. (Ord. 2627 §4, 2028 Ord. 1758 §1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office Page —27 TITLE 18 — ZONING 18.06.696 Riverbank Analysis and Report "Riverbank analysis and report" means a scientific study or evaluation conducted by qualified experts and the resulting report to evaluate the ground and/or surface hydrology and geology, the geomorphology and hydraulic characteristics of the river, the affected land form and its susceptibility to mass wasting, erosion, scouring and other geologic hazards or fluvial processes. The report shall include conclusions and recommendations regarding the effect of the proposed development on geologic and/or hydraulic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological, hydrological and hydraulic impacts of the proposed development, including the potential adverse impacts to adjacent and down -current properties. Geotechnical/hydrological/hydraulic reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. (Ord 2347 §31, 2011) 18.06.697 Roadway "Roadway" means that improved portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. d. 13:34 §2 ()iarl) 1998) 18.06.705 Screening "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. (Ord. 1758 §1 (part), 1995) 18.06.706 Secure Community Transitional Facility "Secure community transitional facility" means a secure community transitional facility as defined under RCW 71.09.020, which defines it as "a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the DSHS secretary or under contract with the secretary." (Ord, 1901 §2, 2002; Ord, 1758 §1 (party, 199 5) ProduCby the City of Tukwila, City Clerk's Office 18.06.707 Self -Storage Facility "Self -Storage facility" means a building designed and used for the purpose of renting or leasing individual indoor storage space to customers who are to have access to the space for the purpose of storing or removing personal property on a self-service basis. (Ord, 2021 §1, 2003) 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such units may not exceed 20% of the total units. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51. (Ord. 2500 §2, 2016; Ord, 1795 §1 (part), 1997) 18.06.735 Vehicle Service Station "Vehicle service station" means any area of land, including structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories which may or may not include washing, lubricating, tune-ups, enclosed engine repair, and other minor servicing incidental to this use, but no painting or major repair operations. (Ord, 2673 §7, 2022; Ord. 1755 §1 (part), 199 5) 18.06.740 Setbacks "Setbacks" means the distances that buildings or uses must be removed from their lot lines except that roof eaves may intrude a maximum of 24 inches into this area. A maximum 24 -inch overhang may also be allowed for portions of a building (such as a bay window) if approved as part of design review approval where the overhang provides modulation of the fa9ade. (Ord. 2251 §9,, 2009; Ord, 1758 §1 fp rt), 1995) 18.06.745 Shelter Station "Shelter station" means a shelter for protection from the elements for the waiting customers of a public transportation system. (Ord, 1758 §1 (part), 1995) Page 18-28 TITLE 18 — ZONING 18.06.750 Shopping Center, Planned "Planned shopping center" means a group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores. (Ord, 1758 §1 (part`), 1995) 18.06.756 Shorelands or Shoreland Areas "Shorelands or shoreland areas" means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous flood plain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters that are subject to the provisions of the Shoreline Management Act. (Ord, 2387 a' 2, 2011) 18.06.757 Shorelines or Shoreline Areas "Shorelines" or "Shoreline areas" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. (Ord, 2627 §8, 2020; Ord, 2347 §33, 2011) 18.06.758 Shoreline Jurisdiction "Shoreline jurisdiction" means the channel of the Green/Duwamish River, its banks, the upland area which extends from the ordinary high water mark landward for 200 horizontal feet on each side of the river, floodways and all associated wetlands within its 100 -year flood plain. For the purpose of determining shoreline jurisdiction only, the floodway shall not include those lands that have historically been protected by flood control devices and therefore have not been subject to flooding with reasonable regularity. (Or'd, 2347 §34, 2011) 18.06.759 Shoreline Modifications "Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline area, through the construction or alteration of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. "Shoreline modifications" may also include other actions, such as clearing, grading, or application of chemicals. (Ord, 2347 §35, 2011) 18.06.760 Shoreline Restoration or Ecological Restoration "Shoreline restoration or ecological restoration" means the re- establishment or upgrading of impaired ecological shoreline processes, functions or habitats, including any project that is approved by the Federal, State, King County, or City government or the WRIA 9 Steering Committee, is intended to provide habitat restoration and where the future use of the site is restricted through a deed restriction to prohibit non -habitat uses. This may be accomplished through measures including, but not limited to, re - vegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre - European settlement conditions. (Ord. 2347 §36, 2011) 18.06.761 Shoreline Stabilization "Shoreline stabilization" means actions taken to protect riverbanks or adjacent uplands from erosion resulting from the action of waves or river currents. "Hard" structural stabilization includes levees, bulkheads and revetments. "Soft" shoreline stabilization includes use of bioengineering measures where vegetation, logs, and/or certain types of rock is used to address erosion control and/or slope stability. (Ord, 2347§37, 2011) 18.06.767 Short plat "Short plat" means the map or representation of a short subdivision. rt 1334 §2 (parr), 1998) 18.06.768 Short Subdivision "Short subdivision" means the division of land into nine or less lots, unit lots, tracts, parcels, sites or divisions. (Ord:, 2199 §9, 2008; Ord, 183 §2 (pa 1, 1 98 18.06.769 Short Subdivision Committee The Short Subdivision Committee (SSC) shall consist of the Director of the Department of Community Development who shall be the chair, the Public Works Director, and the Fire Chief, or their designated representatives. (Ord. 1834 §2 (part`), 1998) 18.06.770 Sign "Sign" means any medium, including paint on walls, merchandise, or visual communication device, its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising or identification purposes. Bulletin boards and readerboards are considered to be signs. C rat. 1758 §1(taarl), 1995) Produced by the City of Tukwila, City Clerk's Office Page 1 29 TITLE 18 — ZONING 18.06.775 Significant Tree "Significant Tree" means a single -trunked tree that is six inches or more in diameter (DBH), or a multi -trunked tree with a diameter of two inches or more on any trunk (such as willows or vine maple). (Ord, 2569 §23, 2018; Ord. 1775 §1, 1996, Ord, 1 758 §1 (part, 1095) 18.06.777 Significant Vegetation Removal "Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. (Ord, 2847 ',fi40, 2011) 18.06.780 Site "Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are proposed as the location for a development, as defined in TMC 18.06.210, or for some other activity which requires a permit or approval pursuant to TMC Titles 16, 17 or 18. (Orr.. 2097 §5, 2005; Ord, ")758 §1 (part), 1995) 18.06.781 Site Disturbance "Site disturbance" means any development, construction, or related operation that could alter the subject property, including, but not limited to, soil compaction including foot traffic; tree or stump removal; road, driveway or building construction; installation of utilities; or grading. (Ord, 2569 §24, 2018) 18.06.790 Story "Story" means story as defined in the Washington State Building Code. (Ord, 1971 c§3, 2001; Ord, 1758 §1 (part), 1995) 18.06.795 Street "Street" means a public thoroughfare which affords the principal means of access to abutting properties. Limited access State routes such as 1-5, 1-405, or SR 518; subdivision tracts dedicated for access; private easements for access; and streets that provide no access to abutting properties shall be considered streets for the purposes of determining the type of lots such as corner or through lots and their setbacks and landscape requirements. (Ord, 2251 §i0, 2009; Ord, 1758 §1 (part), 1995) 18.06.800 Structure "Structure" means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground, but excluding all forms of vehicles even though immobilized. Not included are residential fences up to six feet in height, retaining walls or rockeries with up to four feet of exposed face, and similar improvements of minor character. (Ord, 2176 ,r+y;1, 2007; Ord. 1758 §1 (part), 1895) (001) Nonconforming Structure, Shoreline "Nonconforming Structure, Shoreline" means a structure legally established prior to the effective date of the Shoreline Master Program, but which does not conform to present regulations or standards of the program. (Ord, 2627 §3, 2029) 18.06.805 Structural Alteration "Structural alteration" means any change in load or stress of the loaded or stressed members of a building or structure. (Ord, 1758 §1 (part), 1995) 18.06.810 Studios "Studios" means a building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for dance instruction. (Ord, 1758 y51 (part), 1995) 18.06.813 Subdivision "Subdivision" means the division or redivision of land into ten or more lots, unit lots, tracts, parcels, sites or divisions. (Ord, 2199 §100, 2008Ord, 1834 ?22 (part), 1998) 18.06.815 Substantial Construction "Substantial construction" means completion of more than 50% of the cost of work described in specified and approved plans. (Ord, 1758 §1 (part), 1995) Produc by the City of Tukwila, City Clerk's Office Page 18-30 TITLE 18 — ZONING 18.06.817 Substantial Development "Substantial development" means any development of which the total cost or fair market value exceeds $7,047.00 or any development that materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this definition must be adjusted for inflation by the Office of Financial Management every five years, beginning July 1, 2007, based upon changes in the Consumer Price Index during that time period. "Consumer Price Index" means, for any calendar year, that year's annual average Consumer Price Index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor. In accordance with WAC 173-27-040, as it now reads and as hereafter amended, the following shall not be considered developments which require a shoreline substantial development permit, although shall still comply with the substantive requirements of the Shoreline Master Program: 1. Normal maintenance or repair of existing structures or developments, including repair of damage caused by accident, fire, or elements. 2. Emergency construction necessary to protect property from damage by the elements. 3. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, and alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. 4. Construction or modification of navigational aids such as channel markers and anchor buoys. 5. Construction on shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his or her family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter. 6. Construction of a dock, including a community dock, designed for pleasure craft only, for the private non-commercial use of the owner, lessee, or contract purchaser of single and multiple family residences. This exception applies if either: (a) In salt waters, the fair market value of the dock does not exceed $2,500; or (b) in fresh waters, the fair market value of the dock does not exceed: (1) $20,000 for docks that are constructed to replace existing docks, and are of equal or lesser square footage than the existing dock being replaced; or (2) $10,000 for all other docks constructed on fresh waters. (3) However, if subsequent construction occurs within five years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified above, the subsequent construction shall be considered a substantial development for the purpose of this chapter. 7. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands. 8. The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. 9. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. 10. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; c. The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure the site is restored to preexisting conditions; and e. The activity is not subject to the permit requirements of RCW 90.58.550 (Oil and Natural Gas exploration in marine waters). 11. The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the department jointly with other state agencies under RCW 43.21C. Produced by the City of Tukwila, City Clerk's Office Page =31 TITLE 18 — ZONING 12. Watershed restoration projects, which means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: a. A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings. b. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water. c. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than 200 square feet in floor area and is located above the ordinary high water mark of the stream. 13. Watershed restoration plan, which means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area or watershed for which agency and public review has been conducted pursuant to the State Environmental Policy Act. 14. A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply: a. The project has been approved in writing by the Department of Fish and Wildlife; b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to RCW 77.55; and c. The local government has determined the project is substantially consistent with the local Shoreline Master Program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. Additional criteria for determining eligibility of fish habitat projects are found in WAC 173-27-040 2 (p) and apply to this exemption. 15. The external or internal retrofitting of an existing structure for the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities. (Ord. 2627 (y6, 2020; Old. 2327 §41, 2011) 18.06.820 Surveyor "Surveyor" means a person licensed by the State of Washington to engage in the practice of land surveying, as defined by RCW 18.43.020. (S d °1758 61 (part), 1995) 18.06.821 Theater "Theater" is a building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances. (Ord. 1795 §1 (dart), 1997) 18.06.822 Tow Truck Operations "Tow Truck Operations" means any storage yard, building, or vehicle storage/impounding lot for a towing business, including tow vehicles with towed vehicles attached. Tow truck operations do not include central offices for phone dispatch if tow trucks, drivers, or impounded vehicles do not come to the office. (Ord, ;2368 §2, 2012) 18.06.829 Townhouse "Townhouse" means a form of ground -related housing in which individual dwelling units are attached along at least one common wall to at least one other dwelling unit. Each dwelling unit occupies space from the ground to the roof and has direct access to private open space. No portion of a unit may occupy space above or below another unit, except that townhouse units may be constructed over a common shared parking garage, provided the garage is underground. (Ord, 2199 8, 2008) 18.06.830 Tract "Tract" means a parcel of land proposed for subdivision or a distinct parcel designated for a specific use. (Orad, 1834 64, 1998, Ord. 1758 §1 (pat), 1995) 18.06.833 Trailer Court or Park "Trailer court or park" means any area of land occupied or designed for the occupancy of two or more travel trailers or mobile homes. (Ord, 1758 §1 (marl), 1995) 18.06.835 Trailer, Travel "Travel trailer" means a vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes. (Ord, 1758 §1 (part), 1995) 18.06.840 Transit Center "Transit center" means a location where groups of buses or other public transportation vehicles can be brought together at the same time, allowing patrons to transfer between the routes. (Ord, ,1758 §1 (par(). 1995) Produc by the City of Tukwila, City Clerk's Office Page 18-32 TITLE 18 — ZONING 18.06.843 Transit -Oriented Development (TOD) Hous- ing "Transit -Oriented Development (TOD) Housing" means a multiple -unit housing or mixed-use project including multiple -unit housing that is located near transit services and thus encourages people to decrease their dependence on driving. (Ord, 2084 §i, 2005) 18.06.845 Tree "Tree" means any self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity, that is recognized as a Tree in the nursery and arboricultural industries. (Ord. 2569 §30, 2018; Orr . 2075 §1 (pard), 2004; Ord, 1758 ;§1 (pari). 1995) (001) At -Risk Tree "At -Risk Tree" means a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC 18.54. (Ord, 269 §1, 2818) (002) Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches. (Or -d. 2569 §6, 2018) (003) Dead Tree "Dead Tree" means a tree with no live crown and no functioning vascular tissue. (t3rrd, 2569 §7, 2018) (004) Dripline "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater. (Ord, 2569 §9, 2018) (005) Exceptional Tree "Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. (Ord,. 2569 §10, 2018) (006) Heritage Tree or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. (Ord. 2569 §11, 2018) (007) Invasive Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco -system. (Ord, 2569 §1O, 2018) (008) Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures including, but not limited to, sidewalks; curbs; the surfaces of streets, parking lots, and driveways; underground utilities; or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. (Ord, 2569 §.17, 2018) (009) Qualified Tree Professional "Qualified Tree Professional" means an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. A Qualified Tree Professional preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. (Ord, 2569 §21. 2018) (010) Risk "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. (Ord, 2569 §22, 2018) (011) Street Tree "Street Tree" means a tree located within the public right- of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting property. (Ord, 2 569 §25, 2018) (012) Target or Risk Target "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. ({3rd, 2569 §26, 2018) (013) Tree Risk Assessment "Tree risk assessment" means the systematic process to identify, analyze and evaluate tree risk prepared by a Qualified Tree Professional in accordance with the latest version of the International Society of Arboriculture (ISA) Best Management Practices Guide. (Ord, 2 569 a28, 2018) Produced by the City of Tukwila, City Clerk's Office Page --33 TITLE 18 — ZONING (014) Tree Risk Assessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target, and determines options for treatment or mitigation. (Ord, 2569 §2 2018) (015) Viable Tree "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure; is relatively Windfirm if isolated or exposed; and is a species that is suitable for its location and is therefore worthy of long-term retention. 2569 §33, 2018) (016) Windfirm "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined can withstand normal winter storms or surrounding tree removal. ( rd. 2569 §34, 2018) (Ord. 256.9 §31, 201 T Or°d. 1758 Si (part), 1995) 18.06.852 Tree Removal "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, poisoning or filling; excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. (Ord, 2569 ,§32, 2018) 18.06.854 Truck Terminal "Truck terminal" means land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term storage. (Ord, 2678 8, 2022) 18.06.855 Turbidity "Turbidity" means a cloudy condition in water due to the suspension of silt, finely divided organic matter, or other pollutants. (Ord, 1758 §1 (part), 1995) 18.06.860 Understory Vegetation "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. (Orda 1753 §1 (part), 1995) 18.06.863 Usable Floor Area "Usable Floor area" means that part of the floor area of any structure which is actually used from time to time for any commercial purposes, such as a sales area, display area, walkways or storage area. Parking calculation shall not include common corridors designed for the circulation of people at non - retail establishments, restrooms, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces and exterior covered loading docks. (Ord, 1795 ¢i (part), 1997) 18.06.864 Useable Marijuana "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include marijuana -infused products. (Ord, 2407 §7, 2013) 18.06.865 Use "Use" means the nature of the activities taking place on private property or within structures thereon. (Ord. 2097 §6, 2005; Ord, 1758 t1 (para), 1995) 18.06.870 Use, Accessory "Accessory use" means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. (Ord, 175E §1 (part), 1995) 18.06.875 Use, Conditional "Conditional use" means an unusual and/or unique type of land use which, due to its nature, requires special consideration of its impacts on the neighborhood and land uses in the vicinity. (Ord. 1753 §1 (part), 1995) 18.06.880 Use, Permitted "Permitted use" means any use authorized or permitted alone or in conjunction with any other use in a specified district and subject to the limitation of the regulations of such use district. ("Ord. 1758 §1 (part), 1995) 18.06.885 Use, Primary or Principal "Primary or principal permitted use" means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. (Ord, 1753 §1 (part), 19955) Produc y the City of Tukwila, City Clerk's Office Page 18-34 TITLE 18 — ZONING 18.06.890 Use, Unclassified "Unclassified use" means an unusual, large-scale, unique and/or special type of land use which, due to its nature, requires special review of its impacts on the community and land uses in the vicinity. (Ord, 1753 §1 (Part), 1995) 18.06.895 Unlisted Use "Unlisted use" means uses which are not specifically named as permitted in any use classification contained within this title. (Ord, 1758 §1 (part), 1995) 18.06.900 Utilities "Utilities" means all lines and facilities related to the provision, distribution, collection, transmission or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, or refuse, and includes facilities for the generation of electricity. (lard. 1758 §1 (part), 1995) 18.06.905 Variance "Variance" means an adjustment in the specific regulation of this title regarding a particular piece of property. (See TMC 18.72, Variances) (Ord, 1758 $1 (part), 1995) 18.06.910 Vegetation "Vegetation" means living trees, shrubs or groundcover plants. (Ord, 1758 §1 (part`), 1995) 18.06.915 Vehicles "Vehicles" means mechanical devices capable of movement by means of wheels, skids or runners of any kind, specifically including, but not limited to, all forms of trailers, recreational vehicles or mobile homes of any size whether capable of supplying their own motive power or not, without regard to whether the primary purpose of which device is or is not the conveyance of persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans, recreational vehicles, trailers and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration. (Ord, 1758 §1 (pial), 1995) 18.06.916 Warehouse "Warehouse" is a building or group of buildings that are primarily for the storage of goods. (Ord. 1795 §1 (pc t) 1997) 18.06.917 Water Dependent "Water dependent" means a use or portion of a use that cannot exist in a location that is not adjacent to the water and that is dependent on the water by reason of the intrinsic nature of its operations. Examples of water -dependent uses include ship cargo terminal loading areas, marinas, ship building and dry docking, float plane facilities, sewer outfalls, and shoreline ecological restoration projects. (Oat 2347 §42, 2011) 18.06.918 Water Enjoyment "Water enjoyment" means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use. The use must be open to the general public and the shoreline -oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Examples of water -enjoyment uses include parks, piers, museums, restaurants, educational/scientific reserves, resorts and mixed use projects. (Ord, 2347 ¢43, 2011) 18.06.919 Water Oriented "Water oriented" means a use that is water -dependent, water - related or water -enjoyment or a combination of such uses. (Ord, 2347 §.444, 2011) 18.06.920 Watercourse "Watercourse" means a course or route formed by nature or modified by man, generally consisting of a channel with a bed and banks or sides substantially throughout its length along which surface water flows naturally, including the Green/Duwamish River. The channel or bed need not contain water year-round. Watercourses do not include irrigation ditches, stormwater runoff channels or devices, or other entirely artificial watercourses unless they are used by salmonids or to convey or pass through stream flows naturally occurring prior to construction of such devices. (Ord, 2075 §1 (part), 2004 Ord, 1758 §1 (part); 1995) 18.06.921 Water Related "Water related" means a use or portion of a use that is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: a. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or b. The use provides a necessary service supportive of the water -dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples of water -related uses are warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, and log storage or oil refineries where transport is by tanker. (Ord. 2347 §45, 2011) Produced by the City of Tukwila, City Clerk's Office Page —35 TITLE 18 — ZONING 18.06.922 Wetland "Wetland" means those areas that are inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include bogs, swamps, marshes, ponds, lakes and similar areas. Wetlands do not include those artificial wetlands intentionally created from non - wetland sites, including but not limited to irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, landscape amenities or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street or highway. However, those artificial wetlands intentionally created from non - wetland areas to mitigate conversion of wetlands as permitted by the City shall be considered wetlands. (Ord. 2075 §1 (part), 2004; Ord, 1758 §1 (para), 1995) 18.06.924 Wetland Edge "Wetland edge" means the delineated boundary of a wetland performed in accordance with approved federal wetland delineation manual and current applicable regional supplements. (Ord. 2625 §12, 2020; Ord, 2366 §3, 2012; Ord. 1758 ()1 (part), 1995) 18.06.934 Wetland, Scrub -Shrub "Scrub -shrub wetland" means a wetland with at least 30% of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata. (Ord, 2075 §1 (part), 2004) 18.06.944 WRIA "WRIA" means Water Resource Inventory Area — river basin planning and management areas formalized under Washington Administrative Code (WAC) 173-500-04 and authorized under the Water Resources Act of 1971, Revised Code of Washington (RCW) 90.54. WRIA 9 refers to the Green/Duwamish River Basin within which Tukwila is located. (Ord. 2347 §45, 2011) 18.06.945 Yard "Yard" means a required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward. (Ord, 1758 fit (pari), 1995) 18.06.950 Yard, Front "Front yard" means a yard extending between side lot lines across the front of a lot. In MDR and HDR zones, this shall also include areas adjacent to 'access roads'. (Ord. 1758 Si (part), 1995) 18.06.955 Yard, Rear "Rear yard" means a yard extending across the rear of the lot between inner side yard lines. (Ord. 1758 §1 (part), 1995) 18.06.960 Yard, Second Front "Second front yard" means any yard adjacent to a public street that is not a front yard as defined in the Definitions chapter of this title. (See also TMC 18.50, Supplemental Development Regulations, and Figure 18-4.) 1 rat. 1758 §1 (part), 1995) 18.06.965 Yard, Side "Side yard" means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot -line involved with the public street. (Ord. 1758 §1 (part), 1995) Produc . • y the City of Tukwila, City Clerk's Office Page 18-36 TITLE 18 — ZONING CHAPTER 18.08 DISTRICTS ESTABLISHED - MAP Sections: 18.08.010 Use Districts 18.08.020 Unclassified Areas 18.08.030 Official Zoning Map 18.08.040 Rules of Interpretation 18.08.050 Title Compliance 18.08.010 Use Districts In order to classify, segregate and regulate the uses of land, buildings, and structures, the City is divided into the following use districts: LDR Low Density Residential MDR Medium Density Residential HDR High Density Residential MUOMixed Use Office 0 Office RCC Residential Commercial Center NCC Neighborhood Commercial Center RC Regional Commercial RCM Regional Commercial Mixed-use TUC Tukwila Urban Center C/LI Commercial/Light Industrial LI Light Industrial HI Heavy Industrial MIC/L Manufacturing Industrial Center/Light MIC/H Manufacturing Industrial Center/Heavy TSO Tukwila South Overlay TVS Tukwila Valley South PRO Public Recreation Overlay SOD Shoreline Overlay SAOD..... Sensitive Areas Overlay UROD Urban Renewal Overlay (rd 2257 §8, 2009; Ord. 2235 55 (ixrr 2009 Ord, 1758 51 (part), 1995) 18.08.020 Unclassified Areas All lands not classified according to the classification in TMC 18.08.010 on the official zoning map, and all lands, if any, of the City not shown on the official zoning map, shall be considered unclassified and, pending future classification, shall be subject to the restrictions and regulation of the LDR District. (Ord, 1758 51 (part), 199 5) 18.08.030 Official Zoning Map A. The boundaries of the use districts as outlined in TMC 18.08.010 are shown on the official zoning map (Figure 18-10) which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be a part of this title. The regulations of this title governing the uses of land, buildings and structures, the height of buildings and structures, the sizes of yards about buildings and structures, and other matters set forth in this title are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said zoning map. B. The boundaries of the use districts shall be determined and defined or redefined from time to time, by the adoption of district maps covering the City showing the geographical area and location of the districts. Each district map shall be, upon its final adoption, a part of this title, and the map and all notations, references and other information shown thereon, thereafter shall be made a part of this title as though all matters and information set forth on the map were fully described herein. C. The official zoning map shall be identified by the signature of the Mayor, attested by the City Clerk and shall bear the seal of the City of Tukwila. The original of the official zoning map shall be retained in the office of the City Clerk. See Zoning Map, Figure 18-10. (Ord, 1758 51 (pari), 19 5) 18.08.040 Rules of Interpretation When uncertainty exists as to the boundaries of any use district shown on the official zoning map, the following rules of interpretation shall apply: 1. Where district boundaries are indicated as approximately following the centerline of streets, alleys, highways, structure or railroad tracts, the actual centerline shall be construed to be the boundary; 2. Where district boundaries are indicated as running approximately parallel to the centerline of a street, the boundary line shall be construed to be parallel to the centerline of the street; 3. Where district boundaries are indicated on such map as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use district; 4. Where a district boundary on the official zoning map divides a tract in unsubdivided property, the location of the use district boundary, unless the same is indicated by dimensions thereon, shall be determined by use of the scale appearing on the official zoning map; 5. Unmapped shorelands shall be considered to be within the same land use district as the adjacent upland as shown on the official zoning map; 6. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion reverts shall apply to such vacated or abandoned street or alley; Produced by the City of Tukwila, City Clerk's Office Page —37 TITLE 18 — ZONING 7. Where a district boundary line divides a lot which was in single ownership at the time of passage of this title, the Hearing Examiner may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot; 8. In case uncertainty exists which cannot be determined by application of the foregoing rules, the Hearing Examiner shall determine the location of such use district boundaries. Applications for such special exceptions shall be a Type 3 decision processed pursuant to TMC 18.108.030. ('Orr,. 1796 §3 (part), 1997; Ord, 1770 §23, 1996; Ord, 1758 §:1 (part), 199 5) 18.08.050 Title Compliance Except as provided in this title: 1. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title as permitted in the use district in which such land, building, structure or premises is located. 2. No building or structure shall be erected, nor shall any existing building or structure be moved, reconstructed or structurally altered, to exceed in height the limit established by this title for the use district in which such building or structure is located. 3. No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and yard regulations established by this title for the use district in which such building or structure is located. 4. No yard or other open spaces, provided about any building or structure for the purpose of complying with the regulations of this title, shall be considered as providing a yard or open space for any other building or structure. (Ord, 1758 j51 (part), 1995) CHAPTER 18.09 LAND USES ALLOWED BY DIST ICT Sections: 18.09.010 Land Uses by Districts 18.09.010 Land Uses by Districts Refer to Table 18-6, "Land Uses Allowed by District." Refer to Table 18-2, "Tukwila Urban Center — Land Uses Allowed by District" for uses in the Tukwila Urban Center District Refer to Figure 1, "Shoreline Use Matrix,"for uses in the Shoreline Buffer and Zone. (Ord 2500 §3, 2016) Produc 3. • y the City of Tukwila, City Clerk's Office Page 18-38 TITLE 18 — ZONING CHAPTER 1810 LOW DENSITY RESIDENTIAL (LDR) ISTRICT Sections: 18.10.010 Purpose 18.10.020 Land Uses Allowed 18.10.055 Design Review 18.10.057 Maximum Building Footprint 18.10.060 Basic Development Standards 18.10.010 Purpose A. This district implements the Low -Density Residential Comprehensive Plan designation, which allows a maximum of 6.7 dwelling units per net acre. It is intended to provide low-density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses. Certain LDR properties are identified as Commercial Redevelopment Areas (see Figures 18-9 or 18-10) to encourage aggregation with commercial properties that front on Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites would implement the Pacific Highway Revitalization Plan and provide opportunities to redefine and create more uniform borders between the commercial corridor and the adjacent residential neighborhoods. B. Certain LDR properties are located in the Urban Renewal Overlay (see Figure 18-15). Existing zoning and development standards will remain in place, although multi -family buildings would be permitted. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner, and if the development meets certain qualifying criteria. Urban Renewal Overlay district standards would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. (Ord, 2257 u4, 2009; Ord, 1865 §4, 1999, Ord, 1758 §1 part), 1995) 18.10.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord, 2500 §4, 2016) 18.10.055 Design Review Design review is required for: 1. Conditional uses. 2. Unclassified uses. 3. Non-residential development within the shoreline jurisdiction that involve construction of a new building or exterior changes if the cost of the exterior work equals or exceeds 10% of the building's assessed valuation. 4. Developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. 5. Development in the Urban Overlay District. (See TMC 18.60,Design Review.) (Ord, 2368 §5, 2012: Ord, 2257 §5, 2009; Ord, 2251513, 2009; Ord, 1865 §7, 1999) 18.10.057 Maximum Building Footprint The maximum total footprint of all residential structures located on a lot in the Low -Density Residential District shall be limited to 35% of the lot area, provided: 1. The maximum footprint is reduced by 0.125% for each 100 square feet of lot area in excess of 6,500 square feet and less than 19,000 square feet; 2. The maximum footprint shall be 4,000 square feet for lots between 19,000 square feet and 32,670 square feet; 3. The maximum footprint shall be 5,000 square feet for lots between 32,760 square feet and 43,560 square feet; 4. The maximum footprint shall be 6,000 square feet for lots over 43,560 square feet; and 5. For lots less than 6,500 square feet in size, the maximum total footprint shall be the area defined by the application of the standard setback requirements set forth in the applicable Basic Development Standards, up to a maximum of 2,275 square feet. (Ord. 1971 §6, 2001) Produced by the City of Tukwila, City Clerk's Office Page :-39 TITLE 18 — ZONING 18.10.060 Basic Development Standards Development within the Low -Density Residential District shall conform to the following listed and referenced standards: LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum Average lot width (min. 20 ft. street frontage widths minimum 6,500 sq. ft. 50 feet Development Area, maximum (only for single family development) 75% on lots less than 13,000 sq. ft. up to a maximum of 5,850 sq. ft. 45% on lots greater than or equal to 13,000 sq. ft. Setbacks to yards, minimum: • Front • Front, decks orporches • Second front • Sides 20 feet 15 feet 10 feet 5 feet • Rear 10 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaqping requirements. Height, maximum 30 feet Off-street parkin • Residential • Accessory dwelling unit • Other uses See TMC 18.56, Off-street Parking & Loading Reg_ulations See TMC 18.50.220 See TMC 18.56, Off-street Parkin & Loading Regulations (Ord, 2678 §23, 2022; Ord, 2581 §2,, 2018; Ord, 2518 §7, 2016; Ord, 1971 §4, 2001; Ord, 1 r 55s §1 (part), 1995) CHAPTER 1 8.1 2 MEDIUM DENSITY RESIDENTIAL (MDR) DISTRICT Sections: 18.12.010 18.12.020 18.12.030 18.12.060 18.12.070 Purpose Land Uses Allowed Recreation Space Requirements Design Review Basic Development Standards 18.12.010 Purpose A. This district implements the Medium Density Residential Comprehensive Plan designation, which allows up to 14.5 dwelling units per net acre. It is intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group residential housing and related uses. Through the following standards this district provides medium -density housing designed to provide: 1. Individual entries and transition from public and communal areas to private areas; 2. Building projections, level changes and so forth to effectively define areas for a variety of outdoor functions as well as privacy; and 3. Landscaping and open space to serve as extension of living areas. B. Certain MDR properties are identified as Commercial Redevelopment Areas (see Figures 18-10 or 18-9) to encourage aggregation with commercial properties that front on Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites would implement the Pacific Highway Revitalization Plan and provide opportunities to redefine and create more uniform borders between the commercial corridor and adjacent residential neighborhoods. C. Certain MDR properties are located in the Urban Renewal Overlay (see Figure 18-15). Existing zoning and development standards will remain in place, although multi -family buildings would be permitted. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner and if the development meets certain qualifying criteria. Urban Renewal Overlay district standards would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. (Ord. 2257 §5 (part) 2009; Ord. 1865 §8, 1999; Ord, 1758 §1 (part), 1995) Produc y the City of Tukwila, City Clerk's Office Page 18-40 TITLE 18 — ZONING 18.12.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord, 2500 §5 2016) 18.12.030 Recreation Space Requirements In the MDR zoning district, any proposed multiple -family structure, complex or development shall provide, on the premises and for the use of the occupants, a minimum amount of recreation space according to the following provisions: 1. Required Area. a. For each proposed dwelling unit in the multiple - family development and detached zero -lot -line type of development, a minimum of 400 square feet (100 square feet for senior citizen housing) of recreation space shall be provided. Any multiple -family structure, complex or development shall provide a minimum of 1,000 square feet of total recreation space. b. Townhouse units shall provide at least 250 square feet of the 400 square feet of recreation space as private, ground level open space measuring not less than 10 feet in any dimension. c. The front, side and rear yard setback areas required by the applicable zoning district shall not qualify as recreation space. However, these setback areas can qualify as recreation space for townhouses if they are incorporated into private open space with a minimum dimension of 10 feet on all sides. 2. Indoor or Covered Space. a. No more than 50% of the required recreation space may be indoor or covered space in standard multi -family developments. Senior citizen housing must have at least 20% indoor or covered space. b. The Director may grant a maximum of two square feet of recreation space for each one square foot of extensively improved indoor recreation space provided. Interior facility improvements would include a full range of weight machines, sauna, hot tub, large screen television and the like. 3. Uncovered Space. a. A minimum of 50% of the total required recreation space shall be open or uncovered, up to 100% of the total requirement may be in open or uncovered recreation space in standard multi -family developments. Senior citizen housing allows up to 80% of recreation space to be outdoors and has no minimum outdoor space requirement. b. Recreation space shall not exceed a 4% slope in any direction unless it is demonstrated that the proposed space design clearly facilitates and encourages the anticipated use.. c. The Director may grant a maximum credit of two square feet of recreation space for each one square foot of outdoor pool and surrounding deck area. 4. General Requirements. a. Multiple -family complexes (except senior citizen housing, detached zero -lot -line and townhouses with nine or fewer units), which provide dwelling units with two or more bedrooms, shall provide adequate recreation space for children with at least one space for the 5 -to -12 -year-old group. Such space shall be at least 25% but not more than 50% of the total recreation space required under TMC Section 18.12.030 (1), and shall be designated, located and maintained in a safe condition. b. Adequate fencing, plant screening or other buffer shall separate the recreation space from parking areas, driveways or public streets. c. The anticipated use of all required recreation areas shall be specified and designed to clearly accommodate that use. f. 2525 §2, 2017) 18.12.060 Design Review Design review is required for: 1. New multi -family structures. 2. Mobile or manufactured home parks. 3. Developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. 4. Development located within the shoreline jurisdiction, if new building construction or exterior changes are involved and the cost of the exterior work equals or exceeds 10% of the building's assessed valuation. (See TMC 18.60, Design Review) (Ord. 2368 §7, 2012, Ord 2251 §16, 2009; Ord, 2005 §1 2002; Ord, 1865 §11, 1999; Ord, 1758 q§1 (pall), 1199 r) Produced by the City of Tukwila, City Clerk's 0 ice Page .-4 TITLE 18 — ZONING 18.12.070 Basic Development Standards Development within the Medium Density Residential District shall conform to the following listed and referenced standards: MDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi -family) 3,000 sq. ft. (For townhouses the density shall be calculated based on one unit per 3000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements). Average lot width (min. 20 ft. street frontage width), minimum 60 feet (Applied to parent lot for townhouse plats) Setbacks, minimum: Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear - 1st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Townhouse building separation, minimum • 1 and 2 story buildings 10 feet • 3 story buildings 20 feet Height, maximum 30 feet Development area coverage 50% maximum (75% for townhouses) Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off-street parking: • Residential See TMC 18.56, Off-street Parking & Loading Regulations. • Accessory dwelling unit See TMC 18.50.220 • Other uses See TMC 18.56, Off-street Parking & Loading Regulations (Ord. 2617; 24, 2022 Orin Ord. 2 581 §3, 2018 Ord. 2199 §12, 2008; 976 §23, 2001; Ord. 1753 §1 (part), 1995) Sections: 18.14.010 18.14.020 18.14.030 18.14.060 18.14.070 CHAPTER 18.14 HIGH DENSITY RESIDENTIAL (HDR) DISTRICT Purpose Land Uses Allowed Recreation Space Requirements Design Review Basic Development Standards 18.14.010 Purpose A. This district implements the High -Density Residential Comprehensive Plan designation, which allows up to 22.0 dwelling units per net acre. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide a high-density, multiple -family district which is also compatible with commercial and office areas. Certain HDR properties are identified as Commercial Redevelopment Areas (see Figures 18-9 or 18-10) to encourage aggregation and redevelopment of properties that front on Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites would implement the Pacific Highway Revitalization Plan and provide opportunities to redefine and create more uniform borders between the commercial corridor and adjacent residential neighborhoods. B. Certain HDR properties are located in the Urban Renewal Overlay (see Figure 18-15). Existing zoning and development standards will remain in place. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner, and if the development meets certain qualifying criteria. Urban Renewal Overlay district standards would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. (Ord. 2257 §7 (para), 2009; r°d. 1865 §12, 1999; Ord, 1830 §1, 1998; Ord. 1758 §1 (part), 199 5) 18.14.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord, 2500 §6, 2016) 18.14.030 Recreation Space Requirements In the HDR zoning district, any proposed multiple -family structure, complex or development shall provide, on the premises and for the use of the occupants, a minimum amount of recreation space according to the provisions of TMC 18.14.030, subparagraphs 1 through 4. In the TSO zone with underlying LDR zoning on land that adjoins the City of SeaTac, recreation space shall meet the provisions of TMC 18.14.030, subparagraphs 2 through 4, in addition to the minimum required area as specified in TMC 18.41.090.A.1. Producdd'by the City of Tukwila, City Clerk's Office Page 18-42 TITLE 18 — ZONING 1. Required Area. a. For each proposed dwelling unit in the multiple - family development and detached zero -lot -line type of development, a minimum of 400 square feet (100 square feet for senior citizen housing) of recreation space shall be provided. Any multiple -family structure, complex or development shall provide a minimum of 1,000 square feet of total recreation space. b. Townhouse units shall provide at least 250 square feet of the 400 square feet of recreation space as private, ground level open space measuring not less than 10 feet in any dimension. c. The front, side and rear yard setback areas required by the applicable zoning district shall not qualify as recreation space. However, these setback areas can qualify as recreation space for townhouses if they are incorporated into private open space with a minimum dimension of 10 feet on all sides. 2. Indoor or Covered Space. a. No more than 50% of the required recreation space may be indoor or covered space in standard multi -family developments. Senior citizen housing must have at least 20% indoor or covered space. b. The Director may grant a maximum of two square feet of recreation space for each one square foot of extensively improved indoor recreation space provided. Interior facility improvements would include a full range of weight machines, sauna, hot tub, large screen television and the like. 3. Uncovered Space. a. A minimum of 50% of the total required recreation space shall be open or uncovered; up to 100% of the total requirement may be in open or uncovered recreation space in standard multi -family developments. Senior citizen housing allows up to 80% of recreation space to be outdoors and has no minimum outdoor space requirement. b. Recreation space shall not exceed a 4% slope in any direction unless it is determined that the proposed space design clearly facilitates and encourages the anticipated. c. The Director may grant a maximum credit of two square feet of recreation space for each one square foot of outdoor pool and surrounding deck area. 4. General Requirements. a. Multiple -family complexes (except senior citizen housing, detached zero -lot -line and townhouses with nine or fewer units), which provide dwelling units with two or more bedrooms, shall provide adequate recreation space for children with at least one space for the 5- to 12 -year-old group. Such space shall be at least 25% but not more than 50% of the total recreation space required under TMC Section 18.14.030 (1), and shall be designated, located and maintained in a safe condition. b. Adequate fencing, plant screening or other buffer shall separate the recreation space from parking areas, driveways or public streets. c. The anticipated use of all required recreation areas shall be specified and designed to clearly accommodate that use. (Ord. 2589 §20 2018; Ord 2525 §3, 2917) 18.14.060 Design Review Design review is required for: 1. Multi -family structures. 2. Mobile or manufactured home parks. 3. Developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. 4. Developments located within the shoreline jurisdiction, if new building construction or exterior changes are involved and the cost of the exterior work equals or exceeds 10% of the building's assessed valuation. (See TMC 18.60, Design Review) (Ord, 2558 §9r 2012; Ord, 2005, ; 2902; r 1, 1865 05, 1999; Ord, 1758 51 (plr'8), 1995) 18.14.070 Basic Development Standards Development within the High -Density Residential District shall conform to the following listed and referenced standards: HDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 9,600 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi -family, except senior citizen housing) 2,000 sq. ft. (For townhouses the density shall be calculated based on one unit per 2000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements.) Average lot width (min. 20 ft. street frontage width), minimum 60 feet (Applied to parent lot for townhouse plats) Setbacks, minimum: Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Front — 4th floor 45 feet (20 feet for townhouses) • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Second front — 4th floor 22.5 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR) (10 feet for townhouses unless adjacent to LDR) • Sides — 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) Produced by the City of Tukwila, City Clerk's Office Page 8-43 TITLE 18 — ZONING • Rear- 1st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear— 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Townhouse building separation, minimum • 1 and 2 story buildings 10 feet • 3 and 4 story buildings 20 feet Height, maximum 45 feet Development area coverage 50% maximum (except senior citizen housing), (75% for townhouses) Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC 18.56, Off-street Parking & Loading Regulations. • Accessory dwelling unit See TMC 18.50.220 • Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 2678 §25, 2022; Orrd, 2581 §4„2018; Ord 2199 X514, 2008, Ord 19(&l,27, 2001; Ord. 1830 §2 1998fr Ord, 1758 §1 (pati), 1995) CHAPTER 18.16 MIXED USE OFFICE (MUO) DISTRICT Sections: 18.16.010 Purpose 18.16.020 Land Uses Allowed 18.16.060 On -Site Hazardous Substances 18.16.070 Design Review 18.16.080 Basic Development Standards 18.16.010 Purpose This district implements the Mixed -Use Office Comprehensive Plan designation which allows up to 14.5 dwelling units per net acre. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to create and maintain areas characterized by professional and commercial office structures, mixed with certain complementary retail and residential uses. (r9rr.1n 1880 §4, 1998; Ord. 1758 §1 (part) 19 5) 18.16.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord. 2500 §7, , 21)16) 18.16.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Ord. 1758 §1(p rt) 1995) 18.16.070 Design Review Design review is required for: 1. Projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 2. Commercial structures 1,500 square feet or larger outside the shoreline jurisdiction. 3. Structures containing multi -family dwellings. 4. Structures in the Tukwila International Boulevard corridor. (See TMC Figure 18-9) 5. Certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See TMC 18.60, Design Review) (Ord, 2 368 ¢11, 2012; Ord. 2005 §3, 2002; Ord. 1758 §1 (part), 1995) Product y the City of Tukwila, City Clerk's Office Page 18-44 TITLE 18 — ZONING 18.16.080 Basic Development Standards Development within the Mixed Use Office District shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.020). MUO BASIC DEVELOPMENT STANDARDS Lot area per unit, multi -family (except senior citizen housin , minimum 3,000 sq. ft. Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the yard is Ratio of 1.5:1 setback (for every 1.5 within 50 feet of LDR, MDR, HDR feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet • Rear • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum Recreation space 4 stories or 45 feet Recreation space, senior citizen housing O ff-streetparking: • Residential (except senior citizen See TMC 18.56, housing) Off street Parking & Loading Regulations • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses, including senior citizen See TMC 18.56, Off-street Parking & housing Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated_ (Ord, 2678 §26, 2022; Ord, 2581 §5, 2018; Ord. 2251 22, 20109; Ord, 1976 §30, 2001; Ord. 1372:§1, 1999; Ord, 136'5 §18, 1999; Ord, 1830 X57, 1908Ord, 1758 §1 (pad), 1995) 200 sq. ft. per dwelling unit 11,000 sq_ ft. min.), 100 sq. ft. per dwelling unit Sections: 18.18.010 18.18.020 18.18.060 18.18.070 18.18.080 CHAPTER 18.18 OFFICE (0) DISTRICT Purpose Land Uses Allowed On -Site Hazardous Substances Design Review Basic Development Standards 18.18.010 Purpose This district implements the Office Comprehensive Plan designation. It is intended to provide for areas appropriate for professional and administrative offices, mixed with certain retail uses. Because of the generally light environmental and traffic impacts and daytime use characteristics of offices, it is further intended that such districts may serve as buffers between residential districts and commercial and/or industrial areas. (Ord, 1758 §1 (part), 1995) 18.18.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord. 2500 §0, 2016) 18.18.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) Ord. 1758 ' (part), 1995) 18.18.070 Design Review Design review is required for: 1. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 2. Commercial structures 1,500 square feet or larger outside the shoreline jurisdiction. 3. Certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See TMC 18.60, Design Review) (Ord, 2368 §13, 2012; Ord, 20€. 5 §4, 2002; Ord, 1758 §1(part),1995) Produced by the City of Tukwila, City Clerk's Office Page 18-45 TITLE 18 — ZONING 18.18.080 Basic Development Standards Development within the Office District shall conform to the following listed and referenced standards: OFFICE BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR - 1st Floor 10 feet - 2nd Floor 20 feet - 3rd Floor 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR - 1st Floor 10 feet - 2nd Floor 20 feet - 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 3 stories or 35 feet Off-street parking: • Residential See TMC 18.56, Off-street ParkingfLoading Regulations • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.210, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord, 2578 §27, 2022; Ord. 2581 §6; 2018; )rd. 1975 §35„ 2001; Orr„ 1872 §2, 2999; Ord. 1758 §1 (part), 1995) CHAPTER 18.20 RESIDENTIAL COMMERCIAL CENTER (RCC) DISTRICT Sections: 18.20.010 Purpose 18.20.020 Land Uses Allowed 18.20.060 On -Site Hazardous Substances 18.20.070 Design Review 18.20.080 Basic Development Standards 18.20.010 Purpose This district implements the Residential Commercial Center Comprehensive Plan designation which allows a maximum of 14.5 dwelling units per net acre. It is intended to create and maintain pedestrian -friendly commercial areas characterized and scaled to serve a local neighborhood, with a diverse mix of residential, retail, service, office, recreational and community facility uses. (Ord. 1758 §1 (part), 1995) 18.20.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord, 2500 §9, 2016) 18.20.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Ord. 1758 §1 (part) g 1995} 18.20.070 Design Review Design review is required for: 1. All new commercial and multifamily structures and 2. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 3. Certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See TMC 18.60, Design Review) (rd, 2368 §15, 2012; Ord. 2005 §5, 2002; Ord. 1758 §1 (part),, 1995) ProducddTby the City of Tukwila, City Clerk's Office Page 18-46 TITLE 18 — ZONING 18.20.080 Basic Development Standards Development within the Residential Commercial Center District shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS of area, minimum Lot area per unitjmulti-family, minimum__ Setbacks toyards, minimum: • Front • Second front • Sides 5,000 sq. ft. 3,000 sq. ft. 20 feet 10 feet 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR • Rear 10 feet 10 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping_requirements. Height, maximum Recreation space Off-street parking: • Residential 3 stories or 35 feet 200 sq. ft. per dwelling unit (1,000 sg. ft. min.) See TMC 18.56, Off-street Parking & Loading Regulations • Office, minimum 3 per 1,000 sq. ft. usable floor area 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated_ • Retail, minimum (Ord, 2678 §28, 2022; Ord, 2581 §7, 2n Ord 2518 §8, 2016; Oid, 1976 39, 2001 Ord, '1372 §3, 1999; Ora 17 8 §'y (part), 1995) CHAPTER 18.22 NEIGHBORHOOD COMMERCIAL CENTER (NCC) DISTRICT Sections: 18.22.010 Purpose 18.22.020 Land Uses Allowed 18.22.060 On -Site Hazardous Substances 18.22.070 Design Review 18.22.080 Basic Development Standards 18.22.010 Purpose A. This district implements the Neighborhood Commercial Center Comprehensive Plan designation. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide for pedestrian -friendly areas characterized and scaled to serve multiple residential areas, with a diverse mix of uses. Uses include residential uses at second story or above when mixed with certain retail, service, office, recreational and community facilities, generally along a transportation corridor. B. Certain NCC properties are located in the Urban Renewal Overlay (see Figure 18-15). Existing zoning and development standards will remain in place. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner, and if the development meets certain qualifying criteria. Urban Renewal Overlay district standards would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. (Ord, 2257 §8(pat•t1, 2009; Ord, 1865 §22, 1999, Ord, 1836 §10, 1998; Old. 1758 §1 (part), 199 5) Produced by the City of Tukwila, City Clerk's Office Page —47 TITLE 18 — ZONING 18.22.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord, 2600§i0, 2016) 18.22.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Ord. 1753 §1 (part), 1995) 18.22.070 Design Review Design review is required for: 1. All commercial structures. 2. All multi -family structures. 3. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 4. Certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet or in the Tukwila International Boulevard corridor. (See TMC 18.60, Design Review) (Ord, 2368 §17, 2012; Ord. 2005 §t), 2002, Ord. 1758 §1 (pear(), 1995) 18.22.080 Basic Development Standards Development within the Neighborhood Commercial Center District shall conform to the following listed and referenced standards: In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.020). NCC BASIC DEVELOPMENT STANDARDS Lot area per unit for senior citizen housing, minimum 726 sq. ft. (senior housing) Setbacks to yards, minimum: • Front 6 feet (12 feet if located along Tukwila International Blvd. S.) • Second front 5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 3 stories or 35 feet (4 stories or 45 feet in the NCC of the Tukwila International Boulevard, if a mixed use with a residential and commercial component) Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC 18.56, Off-street Parking/Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area • Retail 2.5 per 1,000 sq. ft. usable floor area • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 2678 §29, 2022; Orrd, 2231 )3,, 2018; Ord. 19'76 §fit, 2001P Ord. 14872 §4, 1999; Ord 1866 §25, 1999, Ord. 18'30 §13,, 1998:. Ord. 1756 ' 1 (part), 1996) Product y the City of Tukwila, City Clerk's Office Page 18-48 TITLE 18 — ZONING CHAPTER 18.24 REGIONAL COMMERCIAL (RC) DISTRICT Sections: 18.24.010 Purpose 18.24.020 Land Uses Allowed 18.24.060 On -Site Hazardous Substances 18.24.070 Design Review 18.24.080 Basic Development Standards 18.24.010 Purpose This district implements the Regional Commercial Comprehensive Plan designation. It is intended to provide for areas characterized by commercial services, offices, lodging, entertainment, and retail activities with associated warehousing, and accessory light industrial uses, along a transportation corridor and intended for high-intensity regional uses. Where the area and streetscape is more residential than commercial in character, residential or mixed use residential is also allowed in order to provide redevelopment options and additional households, which would support the surrounding commercial district. In areas where residential uses are permitted, senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. The zone's standards are intended to promote attractive development, an open and pleasant street appearance, and compatibility with adjacent residential areas. (Ord 1865 E)25. 1999; Ord 1758 §1(pa r1), 1995) 18.24.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord. 2500 11, 2015) 18.24.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Ord, 1758 §1 (part), t), 199 i) 18.24.070 Design Review Design review is required for: 1. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 2. All hotels and motels. 3. All other commercial structures 1,500 square feet or larger outside the shoreline jurisdiction. 4. Within the Tukwila International Boulevard corridor (see TMC Figure 18-9), design review is required for all new development as well as certain exterior repairs, reconstructions, alterations or improvements. (See TMC 18.60, Design Review) (rd, 2368 §21, 2012; Ord, 2005 §7, 2002.,° Orsi, 1865 §80, 1999; Ord, 1758 §1(part), 1998) Produced by the City of Tukwila, City Clerk's Office Page 1 49 TITLE 18 — ZONING 18.24.080 Basic Development Standards Development within the Regional Commercial district shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.020). RC BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 2,000 sq. ft. Where height limit is 6 stories: 622 sq. ft. Where height limit is 10 stories: 512 sq. ft. Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet When 3 or more stories 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet When 3 or more stories 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 3 stories or 35 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking/Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail 2.5 per 1,000 sq. ft. usable floor area minimum • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord, 2678 § 0, 202 r( 1976 §45, 2001; Ord, 1872 §5, 1999; Ord, 1865 §31, 1999; Ord, 1758 §1 (part), 1995) Producercrby the City of Tukwila, City Clerk's Office Page 18-50 TITLE 18 — ZONING CHAPTER 18.26 REGIONAL COMMERCIAL MIXED-USE (RCM) DISTRICT Sections: 18.26.010 Purpose 18.26.020 Land Uses Allowed 18.26.060 On -Site Hazardous Substances 18.26.070 Design Review 18.26.080 Basic Development Standards 18.26.010 Purpose This district implements the Regional Commercial Mixed Use Comprehensive Plan designation, which allows up to 14.5 dwelling units per net acre. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide for areas characterized by commercial services, offices, lodging, entertainment, and retail activities with associated warehousing, and accessory light industrial uses, along a transportation corridor and intended for high-intensity regional uses. Residential uses mixed with certain commercial uses are allowed at second story or above. The zone's standards are intended to promote attractive development, an open and pleasant street appearance, and compatibility with adjacent residential areas. ((Aa°rr. 183 §16, 19998; Ord'. 17581 (part`), 1995) 18.26.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord, 2500 §12, 2016) 18.26.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Ord, 1758 §i (part); 1290 18.26.070 Design Review Design review is required for: 1. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 2. Commercial structures 1,500 square feet or larger. 3. All structures containing multi -family dwellings outside the shoreline jurisdiction. 4. Certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See TMC 18.60, Design Review) (Ord, 2368 §24, 2012; 0,d, 2005 §8, 2002 Ord, 1758 §1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office Page 18.51 TITLE 18 — ZONING 18.26.080 Basic Development Standards Development within the Regional Commercial Mixed Use District shall conform to the following listed and referenced standards: RCM BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 3,000 ft Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 3 stories or 35 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking/Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail 2.5 per 1,000 sq. ft. usable floor area minimum • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 2678 §31, 2022; Ord, 1976 b47, 2001; Ord, 1872 §6, 1999; Ord, 1830 §19, 1998; Orct. 1758 $1 (par!), 1995) Produchtl by the City of Tukwila, City Clerk's Office Page 18-52 TITLE 18 — ZONING CHAPTER 18.28 TUKWILA URBAN CENTER (TUC) DISTRICT Sections: Introduction 18.28.010 Purpose and Orientation 18.28.020 How to Use the Development Code 18.28.030 Applicability and Design Review Table 18-1: Summary of Applicable Review Process and Standards/Guidelines District -Based Standards 18.28.040 Districts 18.28.050 District Land Uses Table 18-2: Land Uses Allowed By District 18.28.060 District Standards Table 18-3: District Standards 18.28.070 Structure Height 18.28.080 Maximum Block Face Length 18.28.090 Permitted Corridor Types for New Streets 18.28.100 Side and Rear Setbacks 18.28.110 Side and Rear Yard Landscaping Requirements Corridor -Specific Standards 18.28.120 Corridors 18.28.130 Corridor Regulations Figures 18-20 through 18-27 Corridor Standards 18.28.140 New Streets 18.28.150 Public Frontage Standards 18.28.160 Building Orientation to Street/Open Space 18.28.170 Frontage Building Coverage 18.28.180 Front Yard 18.28.190 On -Site Surface Parking Location 18.28.200 Architectural Design Standards 18.28.210 Front Yard Encroachments Supplemental Development Standards 18.28.220 Special Corner Feature 18.28.230 Landscaping Types 18.28.240 18.28.250 18.28.260 18.28.270 18.28.280 General Landscaping Open Space Regulations Table 18-4: Provision of Open Space General Parking Requirements Table 18-5: Provision of Parking General Parking Guidelines Site Requirements Introduction 18.28.010 Purpose and Orientation The purpose of this chapter is to implement the goals and policies of the Tukwila Comprehensive Plan and Southcenter Subarea Plan. This chapter contains the primary development code that will be used to evaluate development projects or improvement plans proposed on properties within the Tukwila Urban Center (TUC) zone area. The Code contains regulations governing Use, Height, Building Placement, Public and Private Frontage, Parking, Streets, Blocks, Open Space, Landscaping, Site Design, and Architecture. See the Tukwila Comprehensive Plan and Southcenter Subarea Plan for more detail about the long range vision for the Plan area and a discussion of City actions and investments that support implementation of the Southcenter vision. (Ord, 2443 §2, 2014) 18.28.020 How to Use the Development Code A. The Development Code is organized into four primary sections: 1. District -based standards, 2. Corridor -based standards, 3. Supplemental development regulations, and 4. A separate Southcenter Design Manual. B. Following are instructions on how to locate and review the development regulations that apply to a specific property: 1. Locate the property on the District Map (Figure 18-16), and Corridor Type Map (Figure 18-19). Identify which District and Corridor Type(s) apply to the property. 2. Review the District Standards (Tables 18-2 and 18- 3) and Corridor Standards (Figures 18-20 through 18-27) and identify the specific standards for the applicable District and Corridor Type. Note that the tables and figures are intended as a summary and do not encompass all mandatory requirements presented throughout the development regulations. 3. District -Based Standards (TMC 18.28.040 through 18.28.110) govern: a. The use of a building or site; see Table 2, "Land Uses Allowed by District." b. The scale and configuration of the built environment; see Table 3, "District Standards." 4. Corridor -Based Standards (TMC 18.28.120 through 18.28.200) govern: a. Thoroughfare configuration, public frontage conditions, building and parking placement, front yard landscaping, and architectural aspects of that portion of a building's fagade within the first 185 feet of a parcel, measured from the curb line provided, however, that for Future Corridors mapped on Figure 18- 19 these Corridor Standards do not apply until the Corridor is activated by: (i) City acquiring the right-of-way and installing thoroughfare and public frontage improvements or lawfully requiring dedication and installation of the same in connection with a project proposal; or (ii) an applicant or owner elects to install the Corridor improvements and provide public access in connection with adjoining development. See the Corridor Standards (Figures 18-20 through 18-27). Produced by the City of Tukwila, City Clerk's Office Page': -53 TITLE 18 — ZONING b. More detailed information about the development regulations and guidelines that apply to each Corridor can be reviewed in the subsequent sections. These regulations are set forth to ensure that the configuration, location, orientation and design of new development match the envisioned character of all streets and open spaces in the Plan area. 5. Supplemental Development Regulations (TMC 18.28.220 through 18.28.280): These sections contain regulatory definitions, requirements and guidelines that are common for all properties in Southcenter. They address front yard encroachments, special corner features, new streets configurations and guidelines, open space, landscaping, site components, and parking. C. Interpretation of the Development Code. Most sections of the code feature the following elements: 1. Purpose. Purpose statements are overarching objectives. 2. Standards. Standards use words such as "shall", "must", or "is/are required", signifying required actions. 3. Guidelines. Guidelines use words such as "should" or "is/are recommended", signifying voluntary measures. 4. Alternatives. Some standards within the code allow applicants to propose alternative methods of meeting the particular standards. In such cases, the applicant shall demonstrate how the proposal meets the purpose of the standard and the overall objectives of the Plan. D. See the Applicability and Design Review section (TMC 18.28.030) to determine how the provisions in this chapter apply to properties in the TUC zone and which other Tukwila codes may apply to a specific property. (Ord. 2443 §3, 2014) 18.28.030 Applicability and Design Review A. Relationship to Other Tukwila Codes. 1. The provisions of this chapter apply to properties within the Southcenter Plan Area, shown on the District Map (Figure 18-16). 2. The provisions of this chapter shall modify the regulations and other provisions in TMC 18, provided that the regulations and provisions of the entire TMC shall apply when not specifically covered by this chapter; and, further, provided that where TMC 18 and the goals of the Southcenter Subarea Plan and this chapter are found to be in conflict, the provisions of this chapter shall apply unless otherwise noted. 3. Areas within 200 feet of the Ordinary High Water Mark (OHWM) of the Green River are subject to the regulations in TMC 18.44, "Shoreline Overlay," which supersede this chapter when in conflict. 4. Areas meeting the definition of sensitive areas or sensitive area buffers are subject to the regulations of TMC 18.45, "Environmentally Critical Areas," and TMC 18.54, "Urban Forestry and Tree Regulations." Producaby the City of Tukwila, City Clerk's Office 5. Alterations to non -conforming structures, uses, landscape areas or parking lots shall be made in accordance with the standards in TMC 18.70, "Non -Conforming Lots, Structures and Uses," except that existing structures greater than the applicable district's maximum building height at the time of adoption of Ordinance No. 2443 (effective June 10, 2014) shall not be considered non -conforming as to height provisions. 6. Tukwila has adopted local amendments to the International Building and Fire Codes, which should be reviewed early in the development process; see TMC 16, "Buildings and Construction." 7. Boundary line adjustments, lot consolidations, short plats, subdivisions and binding site improvement plans shall be subject to the requirements of TMC 17, "Subdivisions and Plats." 8. Signs shall be regulated according to Title 19, "Sign and Visual Communication Code." 9. Public and private infrastructure must be designed and built in compliance with the standards contained in the current edition of the Tukwila Public Works Department Infrastructure Design and Construction Standards. B. Intensification of Use. Maximum block face length (TMC 18.28.080) and public frontage improvements (TMC 18.28.150) are required when an individualized assessment by the Director determines that the improvements are reasonably necessary as a direct result of the transportation impacts of a proposed development. C. Pad Development, Expansions or Complete Redevelopment. 1. Construction of a new pad building on a site with existing development shall meet all requirements for the new structure, and any alterations to non -conforming landscape areas or parking lots shall be made in accordance with the standards in TMC 18.70, "Non -Conforming Lots, Structures and Uses." 2. Expansions of existing buildings shall meet all requirements for the new portions of the structure, and any alterations to non -conforming landscape areas or parking lots shall be made in accordance with the standards in TMC 18.70, "Non - Conforming Lots, Structures and Uses." 3. Development of a vacant site or complete redevelopment of a site shall require compliance with all of the standards and guidelines in this chapter. D. Design Review. (Table 18-1) 1. Design review for projects located in the TUC: a. Projects meeting the thresholds for design review set forth in TMC 18.28.030.D.1.b. shall be evaluated using applicable regulations in this chapter and the guidelines set forth in the Southcenter Design Manual. Work performed within the interior of a structure does not trigger design review or application of District or Corridor Standards. Page 18-54 TITLE 18 — ZONING b. Major remodels and small-scale projects. Projects meeting any one of the following criteria shall be subject to Design Review pursuant to TMC 18.60): (1) New non-residential structures greater than 1,500 square feet in size (total on premises). (2) New residential or mixed-use buildings. (3) Any exterior repair, reconstruction, cosmetic alterations or improvements, when the cost of that work exceeds 10% of the building's current assessed valuation (the cost of repairs to or reconstruction of roofs screened by parapet walls is exempt). Compliance with corridor -based architectural design standards and building orientation is required for existing buildings only if they are destroyed by any means to an extent of more than 50% of their replacement cost at the time of destruction, in the judgment of the City's Building Official. (4) Exterior expansions greater than1,500 square feet in size (total on premises). d. Minor remodels and very small scale projects. Projects NOT meeting the design thresholds set forth in TMC 18.28.030.D.1.b. are not subject to design review and shall be evaluated using applicable regulations in this chapter EXCEPT for the corridor -based architectural design standards. (rd. 2678 §9, 2022; Ord, 2500 §'14, 2016; Ord, 2443 §4, 2014) Produced by the City of Tukwila, City Clerk's Office Page ? 55 TITLE 18 — ZONING DISTRICT -BASED STANDARDS 18.28.040 Districts A. Five Districts are hereby established within the Tukwila Urban Center in the specific locations and with the specific names indicated in the District Map (Figure 18-16). Figure 18-16: District Map Districts Commercial Corridor Pond Regional Center Transit Oriented Development Workplace ••• SouthcenterPlan Boundary Produchtf`by the City of Tukwila, City Clerk's Office Page 18-56 TITLE 18 — ZONING B. Districts — Purpose. 1. TUC -RC, Regional Center. The area in the vicinity of Westfield Southcenter Mall, with easy access to the bus Transit Center, is intended to provide an area that will continue to infill and intensify with more retail, services, and entertainment uses southward toward Strander Boulevard and eastward across Andover Park West. Over the long term, infill development on the high-value property of the Mall may continue the transition from surface parking to structured parking, and may be increasingly characterized by mid -rise or high-rise building components built over the retail base. 2. TUC-TOD, Transit Oriented Development (TOD) Neighborhood. The area extending from the bus transit center on Andover Park West eastward towards the Sounder commuter rail/Amtrak station is intended to provide a more compact and vibrant mix of housing, office, lodging and supportive retail and service uses. Parking will be accommodated by a combination of off- and on -street parking spaces/lots. The overall structure of the TOD Neighborhood will be characterized by moderate development intensities and building heights. A fine-grained network of streets with pedestrian amenities will increase the walkability of the area. 3. TUC -P, Pond District. The northern edge of the Pond District is intended to provide an area of higher -density mixed-use development over retail, restaurants and services, oriented towards the Pond and a paved waterfront esplanade. Maximum building heights will be lower than in the adjacent Regional Center District, to provide sunlight to and views of the Pond. The eastern, western, and southern edges of the Pond will be characterized by a more natural park environment. Buildings will be separated from the Pond by streets on the eastern and southern edges, and stepped down in height toward the water to preserve views. Ground floors on these edges will range from office to support services and retail uses, with more private uses like residential above. 4. TUC -CC, Commercial Corridor District. Southcenter Parkway will continue to feature auto -oriented retail and services in a manner similar to the existing patterns of development in that area. 5. TUC -WP, Workplace District. The large southern portion of the plan area will continue to provide a wide range of distribution, warehousing, light industrial, "big box" retail, and furniture outlets, with incremental infill by office and other complementary commercial uses. Residential uses may front the Green River. C. The scale and pattern of all development shall be governed by the standards and regulations for the applicable District. (O d. 2443 §5, 2014) 18.28.050 District Land Uses For permitted uses of a building or site, see Table 18-2, "Land Uses Allowed by District." 1. All Districts appear in the top row of the table. 2. The uses are organized by category and if allowed in a District are listed as either Permitted (P), Accessory (A), Conditional (C), or Unclassified Use Permit (UUP). 3. All permitted uses for a single district are allowed either alone or in combination with any other permitted uses within a parcel. 4. Other uses not specifically listed in this title are permitted should the Director determine them to be similar in nature to and compatible with other uses permitted outright within a District, consistent with the stated purpose of the District, and consistent with the policies of the Southcenter Plan. (Ord, 2443 §6, 2014) 18.28.060 District Standards For the scale and configuration of the built environment, see Table 18-3, "District Standards." 1. All Districts appear in the top row of the table. 2. The primary regulations are listed in the left-most column of the table in the order that they appear in the text. 3. The development standards that apply to each District can be reviewed by cross referencing a regulation with a District. 4. More detailed information about the regulations and guidelines that apply to each District can be reviewed in the Tukwila Municipal Code section referenced in the row sub- headings. These regulations are set forth to ensure that the height and setbacks of new buildings and the scale of new blocks and streets are consistent with the purpose of each Southcenter District. i. 2443 §7,. 2014) 18.28.070 Structure Height A. The minimum and maximum height of a structure shall be as specified by District or modified by a special height overlay. See Table 3, "District Standards." 1. Structures oriented to Baker Boulevard shall have an average height at least as high as the minimum listed in Table 18- 3, "District Standards." B. Pond Edge Height Limit. 1. Development located within 150 feet of the edge of Tukwila Pond is not eligible for incentive height increases. 2. The maximum height in this location shall be as specified by District. C. Public Frontage Improvement Height Incentive. 1. As an incentive to provide public frontage improvements and/or new streets that are not otherwise required under this code, allowable structure heights may be increased to the limits as specified for each District as shown in Table 18-3, "District Standards," when: Produced by the City of Tukwila, City Clerk's 0 ice Page :-57 TITLE 18 — ZONING a. Developers construct public frontage improvements along their parcel frontages on existing streets, constructed to the standards of this code; or b. Developers construct new 20 foot wide half streets with one side of public frontage improvements, constructed to the standards of this code; or c. The existing sidewalk width and configuration along a parcel's frontage meets or exceeds the public frontage standard and, when averaged, the landscape width and street tree spacing meet the required public frontage standard. Additional sidewalk width may substitute for an equal area of landscaping. d. In order to take advantage of this incentive, the public frontage improvements must start and stop at property boundaries, intersections or traffic signals and transition safely to neighboring conditions. 2. The public frontage height incentive will be applied proportionally to parcels with more than one frontage based on the following: a. Each frontage will be evaluated separately based on its Corridor Type's public frontage standards. b. The height bonus will be applied to a percentage of the total building footprint(s) on site based on the percentage of the parcel's total public frontage that, when averaged, meets the public frontage standard. For example, when averaged, if one of a parcel's two similar length frontages meets the corridor's public frontage standard, then 50% of the total building footprint on site is eligible for the height incentive. D. Multi -Family Height Incentive. 1. As an incentive to construct residential dwelling units, allowable structure heights may be increased to the limits specified in Table 18-3, "District Standards." 2. Structures may be completely residential or mixed use, with residential uses comprising at least half of the occupied floor area of the building. E. Structures qualify for increased height as set forth in Table 18-3, "District Standards," when integrating any of the following combination of height incentives: 1. In the TUC-TOD District, allowable structure heights may be increased to 115 feet for developments that meet both the frontal improvement and multi -family height incentive requirements. 2. In the TUC-TOD District, allowable structure heights may be increased to 115 feet for developments that achieve a LEED certification of silver or higher and meet either the frontal improvement or multi -family height incentive requirements. 3. In the TUC-TOD District, allowable structure heights may be increased to 115 feet for developments that meet the multi- family height incentive requirements and make at least 20% of the residential units affordable per the standards in WAC 365-196-870. For rental units, affordability is set at 50% of the county median family income, adjusted for family size. For owner -occupied units, affordability is set at 80% of the county median family income, adjusted for family size. (Ord, 2443 §8, 2014) 18.28.080 Maximum Block Face Length A. Definition. Block face length is a measure of a length of a block, in feet, from curb face to curb face of two intersecting and publicly accessible streets (public or private). See Figure 18-17 (below). Figure 18-17: Block face length B. Regulation. 1. When required per TMC 18.28.030.B, development sites (properties or assemblages of contiguous properties) with a block face that exceeds the specified maximum block face length standard must construct new publicly accessible streets in locations that result in the creation of city blocks that do not exceed the maximum block face length for that District. 2. For the purposes of determining block face length, alleys are considered as part of the interior of a block. For development sites bounded by rivers or ponds, property lines along the adjacent water body and pedestrian ways providing waterfront access may qualify as defining the edge of a block. In no other case shall pedestrian ways qualify as defining the edge of a block. 3. New streets must be designed, configured, and located in accordance with TMC 18.28.140, "New Streets." (Ord, 2443 §9, 2014) Produc - • • y the City of Tukwila, City Clerk's Office Page 18-58 TITLE 18 — ZONING 18.28.090 Permitted Corridor Types for New Streets New streets built to satisfy maximum block face requirements or built voluntarily by a developer that are not shown on the Corridor Type Map (Figure 18-19) shall be built as one of the Corridor Types permitted in Table 18-3, "District Standards." See TMC 18.28.140, "New Streets," for more details. tot `1 ..3^^.'r G? 2'014) Figure 18-19: Corridor Type Map Corridor Freet^ Eronaquo Ccarraud DT F tut rA Comm dVc 9,;.n#eft.Q ROd C:Cf'nar L tdk'ML7''f Tukwila Pored Ewan ado Vbad Co+'rid..or Futoro Urban Corisior �'/V rkplato Condor 049 ©fvd Conven ate r !u Produced by the City of Tukwila, City Clerk's Office Page ` `:`-59 TITLE 18 — ZONING 18.28.100 Side and Rear Setbacks A. The width of side and rear setbacks shall be as specified by Table 18-3, "District Standards." B. Front yard setbacks are specified by the Corridor Standards (Figures 18-20 through 18-27). (Ord( 2443 §11, 2014) 18.28.110 Side and Rear Yard Landscaping Requirements A. The width of side and rear yard landscaping shall be as specified by Table 3, "District Standards." B. Side and rear yard landscaping shall be designed, planted and maintained as specified in TMC 18.28.230.B, "Side and Rear Yard Landscape Types," and TMC 18.28.240, "General Landscaping." (OR . 2443 , 2014) CORRIDOR -SPECIFIC STANDARDS 18.28.120 Corridors A. Purpose. To provide standards specific to a hierarchy of corridors and to implement the vision for Southcenter as set forth in the Subarea Plan. B. A Corridor consists of the following elements (see figure 18-18 below): Figure 18-18: Corridor Definition of Terms 1. Street: Comprised of the thoroughfare and public frontage. a. Thoroughfare— Includes the moving and parking lanes from curb face to curb face. b. Public Frontage — The portion of a property between the curb face and back of sidewalk, including the sidewalk and any sidewalk landscaped areas. Public frontage is also associated with pedestrian walkways and open spaces, such as Tukwila Pond or the Green River. 2. Private Frontage. The portion of a property between the back of sidewalk and the primary building facade along the street, pedestrian walkway or open space, and portions of all primary building facades up to the top of the first or second floor, including building entrances, located along and oriented toward the street, pedestrian walkway or open space. C. Eight Corridor Types are hereby established in the specific locations and with the specific names indicated in Figure 18-19, "Corridor Type Map." 1. Walkable Corridors. To provide and support a high- quality pedestrian realm for shopping and strolling along active retail, eating and entertainment uses, with buildings pulled up to the street and parking located to the side or rear, on Southcenter's primary streets connecting the Mall, Tukwila Pond, the Transit Center, and the Sounder Commuter Rail/Amtrak Station. Sidewalks associated with these Corridors should be wide and unobstructed to provide ample room for pedestrians to walk, and, where appropriate, to encourage activities including outdoor dining and locations for kiosks, food carts, and flower stalls. 2. Pedestrian Walkways. The design and location of this corridor is intended to supplement the existing and future street network with non -motorized pathways; to support and foster an alternative mode of travel to motorized vehicles within the area; and to provide a safe, pleasant, and direct route for pedestrians between significant activity areas (such as the Sounder Commuter Rail/Amtrak Station and Baker Boulevard, and the Mall and Tukwila Transit Center with Tukwila Pond Park). Pedestrian walkways should be wide with amenities such as trees, planters, benches and other street furniture. Buildings should be pulled up to the edge of the corridor and designed to be pedestrian -friendly. Where appropriate, uses such as kiosks, viewing areas, food carts and flower stalls shall be encouraged along this corridor. Walkways will be well -lit to create a safe night-time environment. 3. Tukwila Pond Esplanade. To provide a public esplanade environment along the northern edge of Tukwila Pond Park that functions as a focal point and central gathering spot for the urban center, suitable for shopping or strolling. The esplanade is intended to be integrated with adjoining retail and restaurant activities, providing an active waterside promenade to augment the shopping, eating and other uses in the vicinity. 4. Neighborhood Corridors. To provide an intimately - scaled pedestrian environment within northern Southcenter's higher density mixed-use neighborhoods, in a "complete streets" setting with on -street parking and bicycles sharing the roadway with vehicles. 5. Urban Corridors. To provide an attractive streetscape along the crossroads in the urban center, which provide greater capacity for transit and auto traffic, with modest improvements for pedestrian safety. 6. Commercial Corridors. To provide greater capacity for vehicles, and attractive streetscapes along heavily travelled roadways serving auto -oriented commercial uses, with modest improvements for pedestrian safety. Producy the City of Tukwila, City Clerk's Office Page 18-60 TITLE 18 — ZONING 7. Freeway Frontage Corridors. To provide heavily travelled parkways oriented towards both the area's freeways and Westfield Southcenter Mall, with modest improvements for pedestrian safety. 8. Workplace Corridors. To provide streets serving truck loading and parking access for primarily warehouse/distribution uses in the southern part of the Southcenter area, with modest improvements for pedestrian safety. (Or... 2443 ¢13 2.01.4) 18.28.130 Corridor Regulations A. This section contains regulations and guidelines for the provision, design, and configuration of new and existing streets and adjacent public and private frontage to ensure that these components of a Corridor support the type of development desired within each district, enhance the connectivity of the street network, create safe and attractive streetscape environments, encourage walking, and provide sufficient capacity and proper accessibility and circulation as the area intensifies. B. The form of all development along a street, primary open space, or water body shall be governed by the standards and regulations of the applicable Corridor Type. Corridor Type establishes the following: 1. For existing streets: A specific configuration of the public frontage. 2. For new streets: A specific configuration for the thoroughfare and public frontage. 3. For existing and new streets: Specific private frontage requirements. 4. For projects that trigger design review: Architectural Design Standards. C. Modifications. An applicant may propose modifications to the Corridor standards. Modifications must be approved by the Director as a Type 2 decision (TMC 18.104). The applicant must show that the modified Corridor design: 1. Satisfies the urban design goals as stated in each Corridor Type's purpose, requirements, and description; 2. Is designed to transition safely to the existing conditions at either end; and 3. Enhances the streetscape of the site and adjacent development. D. Summary of Standards. Figures 18-20 through 18-27 summarize the corridor regulations. TMC 18.28.140 through 18.28.200 provide supporting details. (Ord, 2443 §i4, 2014)- 18.28.140 New Streets A. Purpose. New street regulations ensure the creation of an appropriate sized network of blocks, streets and pedestrian paths that will support the envisioned future development. B. Regulations. 1. New streets shall be required when an individualized assessment by the Director determines that the improvements are reasonably necessary as a direct result of the proposed development. New streets may also be provided voluntarily by a developer, or constructed by the City. 2. All New Streets: a. New streets shall be designed based on their Corridor Type. b. New street locations must meet safety and spacing requirements, as approved by the Public Works Director. c. New streets may be publicly or privately owned and maintained, as approved by the Public Works Director. d. New streets shall connect with existing streets and be configured to allow for future extension whenever possible. e. Permanent dead ends shall not be permitted, unless the new street dead ends at a public access point to the Green River. f. In order to maintain the accessibility provided by the block structure of the urban center, existing public streets or alleys may not be closed permanently unless the closure is part of the provision of a network of new streets that satisfies all street regulations. g. New alleys and passageways do not satisfy street provision requirements. h. New streets are encouraged to be located along side property lines. These new streets may require coordination with neighboring property owners in order to maximize the continuity of the new street network. i. As part of new street construction or sidewalk improvements, landscaped areas within the street right-of-way should be designed to be functional stormwater treatment facilities where appropriate. (Ord, 2443 §15, 2014) Produced by the City of Tukwila, City Clerk's Office Page 1-61 TITLE 18 — ZONING 18.28.150 Public Frontage Standards A. Regulations. 1. Public frontage standards establish a specific configuration of improvements that match the configuration and design of new and existing thoroughfares. See Figure 18-28 for an example of public frontage. Figure 18-28: Three examples of public frontages IBACK OF SIDEWALK I= sidewalk min. POND PROPERTY LINE'' ACK OF SIDEWALK 20' - 30' PEDESTRIAN WALKWAY 25' ESPLANDE 2. Installation of new public frontage improvements, if required by TMC 18.28.030.B or constructed voluntarily, shall be as specified by the Corridor Type's public frontage standards (see Figures 18-20 through 18-27) along all parcel frontages, except where the public frontage area already contains the required features. 3. In instances where existing public frontage areas already contain features that are sufficiently similar to those required in the Plan, all or part of the required public frontage requirements may be waived by the Director. 4. In instances where new streets are required or constructed voluntarily—that is, in instances where there are no existing public frontage conditions—the public frontage shall be configured as specified by the Corridor Type's public frontage standards. See Figures 18-20 through 18-27. Produc tPby the City of Tukwila, City Clerk's Office 5. The exact location of the new back of sidewalk may or may not coincide with the front property line. As a result, newly installed public frontage improvements may be partially located on private property. 6. Along Tukwila Pond, all public frontage improvements are measured from the pond property line. 7. Each block shall have no more than 40% of the same species of large, open -habit deciduous trees. To provide optimum canopy cover for the streetscape, each block shall be planted with deciduous trees at intervals set forth in the Corridor Standards (Figures 18-20 through 18-27). Spacing shall be a function of mature crown spread, and may vary widely between species or cultivars. The trees shall have a minimum branching width of 8 feet within 5 years and when mature shall be large broad canopy species selected from the City's recommended street tree list established for each corridor. 8. Pedestrian -scale decorative street lighting shall be installed with a maximum spacing consistent with recommendations of the Illuminating Engineering Society of America (IES). The light source shall be located 12 to 14 feet above finished grade. Where vehicular lights are needed, vehicular lighting height and location should be consistent with IES recommendations. 9. Where appropriate, special paving patterns should be used to emphasize the pedestrian realm within the public frontage. The sidewalk shall include a 1 foot wide paved auto passenger landing located along the curb where on -street parking is present. 10. Street furnishings such as benches and trash receptacles shall be provided where appropriate. B. Exceptions. 1. In instances where installation of required public frontage improvements as part of on-site construction are found to be impractical—for example in instances where the private frontage is particularly narrow or fragmented—the property owner may pay an in -lieu fee covering the construction cost to install the required public frontage improvements when they can be combined with those on adjacent properties or as part of a City - sponsored street improvement program with the approval of the Director. 2. When public frontage improvements are triggered by development on a portion of a larger site and the cost of the public frontage improvements is disproportionate to the triggering work, the Director will determine the degree of compliance. (Ord. 2443 §16, 2014) Page 18-62 TITLE 18 — ZONING 18.28.160 Building Orientation to Street/Open Space A. Intent. The building orientation to street provisions are intended to implement the vision for Southcenter by creating a network of "complete streets" and corridors that provide pedestrian comfort, bicycle safety, and automobile movement according to their location and necessary function in the overall area. The provisions herein include a hierarchy of street or "corridor" types ranging from vibrant and activated shopping and dining frontages (Walkable Corridors) to the Workplace Corridors, which accommodate significant truck traffic and support warehouse/distribution uses. The design provisions intend to physically enclose the street or pedestrian corridor to create the sense of an outdoor room with connections across the street to the extent appropriate for the particular street or corridor type. This is accomplished by locating buildings close to the street and containing visible pedestrian entries directly accessible from the street, with parking areas predominately located to the side or rear of buildings along most corridors. B. Regulation. 1. Building orientation is required or not required, as specified by Corridor Type (see Figures 18-20 through 18-27. 2. A building is oriented to a street or open space (Figure 29) if the building has a primary public entrance that opens directly on to or facing new or existing streets or open space, excluding alleys. See Section 7 of the Southcenter Design Manual for additional standards and guidelines for entrances. Figure 18-29: Example of a building oriented to the street Direct pedestrian entries into building from sidewalk Vehicular access to the side of building with parking to the side, rear, and/or under/within building 3. Where building orientation to streets/open spaces is required for the applicable Corridor Type, weather protection at least 6 feet in width along at least 75 percent of the fagade must be provided (see Figures 18-30 and 18-31). See Section 14 of the Southcenter Design Manual for additional standards and guidelines for weather protection. Figure 18-30: Example of features on a building oriented to street Weather protection: At least 6' deep Windows/ transparency: At least 75% of facade between 24" and 10' Entry: facing street Figure 18-31: Examples of building orientation to streets / open space treatments Produced by the City of Tukwila, City Clerk's Office Page f8--63 TITLE 18 — ZONING 4. Parking structures, garages, and accessory buildings are permitted and encouraged to be located along alleys in lieu of streets or open spaces. Those portions of parking structures, garages, and accessory buildings that are within 185 feet of the street are subject to applicable Corridor Standards (see Figures 18-20 through 18-27. C. Corner Parcels. New buildings located at the intersection of two or more Corridors where building orientation is required shall have an entrance(s) oriented towards at least one Corridor to be determined by the developer. (Out 2443 §17 2014) 18.28.170 Frontage Building Coverage A. Regulations. 1. Frontage building coverage is the percentage of the length of the street frontage that is occupied by a primary building fagade(s) excluding any side yard setbacks (Figure 18-32). Figure 18-32: Frontage Building Coverage FRONT STREET BACK OE SIDEWALK . FRONT YARD SETBACK MAX_ FRONT YARD SETBACK FRONTAGE X X, 100 COVERAGE - .t (%) 2. Minimum building frontage coverage percentages are required by the Walkable Corridor and Tukwila Pond Esplanade Corridor Types (see frontage building coverage minimum in Figures 18-20 and 18-22). 3. Where required, all new development shall include buildings sited such that minimum frontage building coverage requirements are met. B. Exceptions. 1. In order to provide vehicular access to parking areas in the interior or at the rear of a parcel if no other access is available, vehicular breezeways may count toward frontage coverage requirements. a. A vehicular breezeway is a covered driveway penetrating the building. b. The width of a vehicular breezeway shall not exceed the width of the curb cut plus the width of an adjacent pedestrian sidewalk. c. In order to connect the public sidewalk with active open spaces, courtyards, parking areas, and alleys in the interior or at the rear of a parcel, pedestrian passages designed to the standards in the Open Space Regulations, TMC 18.28.250.E.2.j, may count toward frontage coverage requirements. (Orel. 2483 §18, 2014) 18.28.180 Front Yard A. Setback. 1. The minimum and/or maximum required front yard setback shall be as specified in the applicable Corridor Standards. See Figures 18-20 through 18-27. 2. Setbacks for the Walkable Corridor may be increased to allow for additional pedestrian space (see Figure 18-33) between the sidewalk and the building. Figure 18-33: Example of exceeding maximum building setbacks to provide pedestrian space B. Landscaping. 1. The minimum required landscaping shall be as specified in the applicable Corridor Standards. See Figures 18-20 through 18-27. 2. Front yard landscaping shall be designed, planted and maintained as specified in TMC 18.28.230.A, "Front Yard Landscape Types," and TMC 18.28.240, "General Landscaping." 3. Front yard landscaping requirements shall be waived if the public frontage improvements are built to the required standard. Exceptions: perimeter parking lot landscaping (see TMC 18.28.240.6.6) and blank wall screening standards (see Section 15 of the Southcenter Design Manual) still apply, where applicable. (Ord, 2443 §19, 2014) Produce y the City of Tukwila, City Clerk's Office Page 18-64 TITLE 18 — ZONING 18.28.190 On -Site Surface Parking Location A. Permitted Locations. The permitted on-site surface parking locations on a parcel shall be as specified in the applicable Corridor Standards (Figures 18-20 through 18-27). See TMC 18.28.260 and 18.28.270 for additional parking regulations and guidelines. B. On Site Parking Types. 1. Parking areas shall be designed as one of the parking types defined in this section. A property's permitted parking types shall be as specified by Corridor Type. For all parking types, parking shall be connected with the street by a driveway as stated in TMC 18.28.260.C., "Vehicular Access." 2. Surface Parking Lot — Front. a. Definition: A parking lot that is located between a building and the primary street fronting a development (Figure 18-34). Figure 18-34: Surface Parking - Front 3. Street Front Parking: a. This regulates the width of a front parking area allowed between a building and the closest street (Figure 18-35). Figure 18-35: Examples of Street Front Parking b. For new construction the maximum width of street front parking is regulated by Corridor Type. (See Figures 18-20 through 18-27.) c. This standard does not apply when adding on to an existing building, constructing a parking garage or where there is an existing structure at least as wide as the proposed structure between the new construction and the closest street. d. For buildings with complex shapes, the section of the building meeting the criteria must be at least 80 percent of the overall width of the building, measured parallel to the primary street. Produced by the City of Tukwila, City Clerk's Office Page -65 TITLE 18 — ZONING 4. Surface Parking Lot — Side. a. Definition: A parking lot that is located in part or entirely along the side of a building, in a side yard, and fully or partially extends toward, but does not encroach into, the front yard setback area. Parking located between a building and a side property line that is directly visible from a street. (Figure 18-36). Figure 18-36: Examples of Surface Parking — Side Street 5. Surface Parking Lot — Rear. a. Definition: A parking lot where a building(s) is located between the entire parking lot and the street so that it is not directly visible from a street. A rear parking lot does not extend beyond the rear wall of the primary building into any side yard setback, except where driveway access is provided. (Figure 18-37). Figure 18-37: Surface Parking — Rear 6. Parking Structure. a. Parking structures may stand alone or be integrated into a building. b. Parking structures are permitted in all Districts. c. Those portions of parking structures that are within 185 feet of the street are subject to applicable Corridor Type standards. (Ord. 2443 20, 2014) Produc - :• y the City of Tukwila, City Clerk's Office Page 18-66 TITLE 18 — ZONING 18.28.200 Architectural Design Standards A. Applicability and definitions (see Figure 18-38). Figure 18-38: Example of vertical modulation and horizontal modulation Horizontal modulation (upper level stepback) Vertical modulation 1. Architectural design regulations control the minimum required facade articulation and transparency, and are determined by Corridor Type as shown in the Corridor Standards. See Figures 18-20 through 18-27. 2. Street Fagade. The architectural design regulations apply to the plane of a facade that fronts upon a street, extending from the ground up to the street fagade eave line. 3. Articulation. The giving of emphasis to architectural elements that create a complementary pattern of rhythm, dividing large buildings into smaller identifiable pieces. 4. Modulation. The stepping back or projecting forward of portions of a building face, as a means of the building function and/or breaking up the apparent bulk of a structure's continuous exterior walls. B. Fagade Articulation Regulations. 1. Intent. The objective of this section is to ensure that the length of new or renovated building facades maintain the desired human scale and urban character appropriate for the Southcenter area. 2. Facade Articulation Increment — Requirements. The maximum increment shall be as specified by Corridor Type and ground level use. When a notch or pilaster/pier is used for the massing element, measurement of the vertical increment shall be from centerline to centerline of elements (see Figures 18-39 and 18-40). See the Southcenter Design Manual, Section 10, "Building Massing," A. and B., Facade Articulation, for techniques to achieve this standard. Figure 18-39: Facade articulation example for a mixed-use building Entries and fenestration pattern Canopies Vertical piers Figure 18-40: Example of articulating facade of a residential building 30' max. 30' max. 30' max. 4u 111111111111IP'r NI MB LJ 1111 Produced by the City of Tukwila, City Clerk's Office Page —67 TITLE 18 — ZONING 3. Major Vertical Modulation Increment — Requirements. The maximum increment shall be as specified by Corridor Type. See Figure 18-41 for an example, and the Southcenter Design Manual, Section 10, "Building Massing," C., Major Vertical Modulation Increment, for techniques to achieve this standard. Figure 18-41: Major Vertical Modulation Example Major vertical modulation Facade articulation increments 4. Side and rear facades. While there are no specific requirements for side or rear facades they should continue the design vocabulary used on the other sides of the building. C. Ground Level Transparency Regulations. 1. Intent. The objective is to promote a hierarchy of vibrant and activated streets in the Southcenter area. Transparent windows and doors add visual interest to the street for pedestrians, help to promote commercial uses within the building, and enhance the safety of streets by allowing visibility towards the street by building users. 2. A minimum transparency percentage for the area between the height of 2 and 10 feet along the length of a building facade (Figures 18-42 and 18-43) that faces the applicable Corridor is listed in Figures 18-20 through 18-27. Figure 18-42: Ground level transparency requirements apply to the transparency percentage for the area between the height of 2 and 10 feet along the length of a building fagade Figure 18-43: Examples of percentage of transparency between 2 and 10 feet along the length of a building facade 75% Transparency 50% Transparency Produce y the City of Tukwila, City Clerk's Office Page 18-68 TITLE 18 — ZONING 3. A minimum 3 foot zone behind the window glazing must provide an unobstructed view of the establishment's goods or services. Display areas separated from the interior of the space may be used to meet this requirement if they have a depth of at least 3 feet and contain displays that are regularly updated (see Figure 18-44). Figure 18-44: Display window example This example meets the display window criteria: This example does not meet the display window criteria: 4. Darkly tinted glass, mirrored glass, and glass covered by screening sheets, white, or UV protection film shall not meet transparency requirements. 5. On sites where all sides of a building are subject to Corridor Standards per TMC 18.28.020.B.4.a., ground level transparency may be waived for the facade facing the least travelled Corridor. 4. 2443 , ,> 20,,41 18.28.210 Front Yard Encroachments Building overhangs such as trellises, canopies, awnings and freestanding covered walkways may extend horizontally into the public frontage up to a maximum of 6 feet and no closer than 8 feet from the back of curb. These overhangs must provide a minimum of 8 feet clear height above sidewalk grade and not interfere with street trees (see Figure 18-45). Figure 18-45: Encroachment provisions for building overhangs or weather protection features Property Line 3 SUPPLEMENTAL DEVELOPMENT STANDARDS 18.28.220 Special Corner Feature A. Special corner features are permitted by District as shown in Table 18-3, "District Standards." B. A special corner feature is a distinctive building element used to emphasize the corner of a building at an important intersection. See the Southcenter Design Manual, Section 9, "Corner Treatments," for additional guidance. C. Special corner feature masses may encroach up to 2 feet into the required setback areas but may not encroach into the public right-of-way. See TMC 18.28.210, "Front Yard Encroachments." D. Special corner features may exceed the permitted height limit by 20 feet, up to a maximum of 115 feet. 20149 Produced by the City of Tukwila, City Clerk's Office Page 's`-69 TITLE 18 — ZONING 18.28.230 Landscaping Types A. Front Yard Landscaping Types. 1. Frontage Improvements per Corridor Type. a. When public frontage is constructed to meet the Corridor standard, any other front yard landscaping requirement shall be waived. Exceptions: perimeter parking lot landscaping (see TMC 18.28.240.6.6) and blank wall screening standards (see Section 15 of the Southcenter Design Manual) still apply, where applicable. To qualify for the waiver, public frontage improvements must be made along the entire street fronting the parcel. Public frontage improvements may continue into a courtyard or plaza. b. For Corridor Types that contain a planting strip (Urban, Commercial, Freeway Frontage and Workplace), minimum plantings shall consist of: (1) Trees at the spacing listed per Corridor Type. (2) 1 shrub per 4 linear feet of frontage, excluding curb cuts, or a planted berm at least 24 inches high. (3) Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the landscape area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. 2. Paved / Sidewalk Extension. a. Provide paved pedestrian areas along the back of sidewalk, such as plazas or courtyards that enhance/enlarge the public frontage. b. Only permitted on parcels where the public frontage improvements meet the Corridor Standards in this code. c. Must meet applicable pedestrian space design requirements (see TMC 18.28.250.E.). 3. Streetscape. a. Cover front yards with landscaped, pervious surfaces that visually soften and enhance the built environment. b. Provide pathways connecting the public sidewalk to the front door through parking areas. c. 1 tree per 500 square feet of landscaped setback area or 1 tree per 20 to 30 linear feet of frontage (depending on tree species and location of underground or at -ground utilities and excluding curb cuts), whichever results in more trees. d. Where there are existing street trees, the additional trees required by this section shall be planted behind the sidewalk in an informal pattern and consist of a mix of deciduous and evergreens. e. Minimum 1 shrub per 4 linear feet of frontage, excluding curb cuts, or a planted berm at least 24 inches high. Producet?by the City of Tukwila, City Clerk's Office f. Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the landscape area not needed for trees and shrubs. Groundcover shall be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. 4. When there is an existing sidewalk that does not meet the Corridor standard for public frontage and the sidewalk remains in place, the required front yard landscaping width shall be measured from the back of sidewalk or edge of right-of-way, whichever is further from the road centerline. B. Side and Rear Yard Landscape Types (see Figure 18- 46). Figure 18-46: Illustrating the various side and rear yard treatment standards and options 1. Heavy landscape screening 2 oderate landscape screening h ed pathway 3b. Shared internal roadway Property Line 3c. Privacy fence Property Line 3d, Other option low hedge or fence ''Property Line .__Property Line Page 18-70 TITLE 18 — ZONING 1. Groundcover. a. This is appropriate where the adjacent uses are compatible and no screening is necessary. b. Cover side and rear yards with landscaped, pervious surfaces. Landscaping treatment at a minimum shall consist of sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the landscape area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. 2. Shared pathway along or adjacent to the property line with landscaping. This is a desirable configuration that can enhance pedestrian circulation and provides an efficient use of space. This treatment requires a recorded agreement with applicable adjacent property owner(s). 3. Shared internal drive along or adjacent to the property line. This is a desirable configuration for non-residential uses that can enhance circulation and provides an efficient use of space. 4. Moderate Screening. a. Provide light visual separation along property lines between somewhat incompatible development. b. Landscaping designed to screen parking/service areas and blank side and rear building facades. c. Landscaping that maintains views to building entrances and signage. d. 1 tree per 20 linear feet of property line (excluding curb cuts) spaced regularly (except where there are conflicts with utilities) and consisting of a mix of deciduous and evergreen trees along the applicable property line. e. 1 shrub per4 linear feet of property line, excluding curb cuts. f. Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the yard area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. 5. Heavy Screening. a. Provide heavy visual separation along property lines between highly incompatible development, such as warehousing and residential uses. b. Landscaping designed to screen parking/service areas and blank side and rear building facades. c. 1 tree per 20 linear feet of property line (excluding curb cuts) spaced regularly (except where there are conflicts with utilities) and consisting of at least 50% conifers along the applicable property line (75% along property line adjacent to residential uses). d. Privacy screening utilizing evergreen shrubs, screening walls or fences (up to 7 feet tall) is allowed. e. Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the yard area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. (Ord. 2443 §24, 2014) 18.28.240 General Landscaping A. The provisions herein are applicable to setbacks, public frontage areas, open space, and other areas on -premises. These regulations address plant materials and design, visibility, irrigation, landscape plans, utility and service areas. B. General Landscaping Requirements. 1. Plant Materials. a. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls. b. All plant material shall meet the most recent American Standards for Nursery Plant Stock (ANSI Z60.1). c. Evergreen trees shall be a minimum of 6 feet in height at time of planting. d. Deciduous trees shall be a minimum 2.5 inch caliper six inches off the ground when installed. e. Shrubs shall be at least 18 inches in height at time of planting. f. Existing vegetation may be used to meet the perimeter landscaping requirements. All significant trees located within any required perimeter landscape area that are not dead, dying, or diseased and that do not pose a safety hazard as determined by the City or a qualified arborist shall be retained and protected during construction with temporary fencing or other enclosure, as appropriate to the site. The area designated for protection will vary based on the tree's diameter, species, age, and the characteristics of the planted area. Property owners may be required to furnish a report by an International Society of Arborist (ISA) certified arborist to document a tree's condition. The Director may require that an ISA certified arborist be retained to supervise tree protection during construction. Grade changes around existing trees are to be avoided whenever possible. g. New plant materials shall include native species or non-native species that are drought tolerant and have adapted to the climatic conditions of the Puget Sound Region. There must be a diversity of tree and shrub genus and species in the site landscaping, taking into account species in existing development around the site. h. No species that are listed on the State or King County noxious weed lists may be planted. i. Plant materials shall be selected that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, tolerance to urban conditions, maintenance needs and growth characteristics. Large and medium canopy tree species are required, except where there is insufficient planting Produced by the City of Tukwila, City Clerk's Office Page :-7 TITLE 18 — ZONING area (due to proximity to a building, street light, above ground or underground utility line, etc.). 2. Visibility. a. Design of new landscaping and maintenance of existing landscaping shall consider Crime Prevention Through Environmental Design (CPTED) principals and visibility for safety and views. Appropriate plant species shall be specified to avoid the need for excessive maintenance pruning. Trees along the street frontages, as they mature, shall be limbed up to a minimum height of 6 feet (8 feet where they extend over sidewalks) to allow adequate visibility and clearance for vehicles. Trees may be pruned to improve views of signage and entryways by using such techniques as windowing, thinning, and limbing-up. However, no more than 1/4 of the canopy may be removed within any 2 -year period, and the crown should be maintained to at least 2/3 the height of the tree. All pruning shall be done in accordance with ANSI Standard A-300 specifications. Trees may not be topped for any reason. Trees may only be pruned to lower their height to prevent interference with an overhead utility or electrical line.. b. Landscaping shall not obstruct views from or into the driveway, sidewalk or street. Landscape design shall allow for surveillance from streets and buildings and avoid creating areas that might harbor criminal activity. c. Landscaping at crosswalks and other locations where vehicles and pedestrians intersect must not block pedestrians' and drivers' views. d. Evergreen shrubs and trees shall be used for screening along rear property lines, around solid waste/recycling areas and mechanical equipment, and to obscure grillwork and fencing associated with subsurface parking garages. 3. Soil Preparation and Planting. a. For trees and plants planted in sidewalks and parking lots, or in limited areas of soil volume, structural soils (Cornell University "CU" product or similar) must be used to a preferred depth of 36 inches, to promote root growth and provide structural support to the paved area. Minimum soil volumes for tree roots shall be 750 square feet per tree (see specifications and sample plans for CU -Structural Soils). Trees and other landscape materials shall be planted per specifications in "CU Structural Soils — A Comprehensive Guide" or using current BMPs subject to administrative review and approval of the technical information report (TIR.) Suspended pavement systems (Silva Cells or similar) may also be used if approved. b. For soil preparation in bioretention areas, existing soils must be protected from compaction. Bioretention soil media must be prepared in accordance with standard specifications of the Surface Water Design Manual, adopted in accordance with TMC 14.30, to promote a proper functioning bioretention system. These specifications shall be adhered to regardless of whether a stormwater permit is required from the City. c. For all other plantings, soils must be prepared for planting in accordance with specifications to restore soil moisture - holding capacity in accordance with TMC 16.54, Grading, regardless of whether a stormwater permit is required by the City. ProducelP the City of Tukwila, City Clerk's Office d. The applicant will be required to schedule an inspection by the City of the planting areas prior to planting to ensure soils are properly prepared. e. Installation of landscape plants must comply with best management practices including: (1) Planting holes that are the same depth as the size of the root ball and 2 times wider than the size of the root ball. (2) Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. At least the top 2/3 of burlap and all straps or wire baskets are to be removed from B&B plants prior to planting. (3) The top of the root flare, where the roots and the trunk begin, should be about one inch from the surrounding soil. The root ball shall not extend above the soil surface. (4) If using mulch around trees and shrubs, maintain at least a 3 -inch mulch -free ring around the base of the plant trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. 4. Irrigation. a. The intent of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable due to lack of watering. b. All required plantings must be served by a permanent automatic irrigation system. (1) Irrigation shall be designed to conserve water by using the best practical management techniques available. These techniques may include, but not be limited to: drip irrigation to minimize evaporation loss, moisture sensors to prevent irrigation during rainy periods, automatic controllers to insure proper duration of watering, sprinkler head selection and spacing designed to minimize overspray, and separate zones for turf and shrubs and for full sun exposure and shady areas to meet watering needs of different sections of the landscape. (2) Exceptions to the irrigation requirement may be approved by the Director, such as xeriscaping (i.e., low water usage plantings), plantings approved for low impact development techniques, established indigenous plant material, or landscapes where natural appearance is acceptable or desirable to the City. However, those exceptions will require temporary irrigation until established. 5. Landscape Plan Requirements. a. A Washington State licensed landscape architect shall prepare and stamp the landscape plans in accordance with the standards herein. Detailed plans for landscaping and screening shall be submitted with plans for building and site improvements. Included in the plans shall be type, quantity, spacing and location of plants and materials; typical planting details; and the location of irrigation systems. Underground and at -ground utilities shall be shown on the plans so that planting conflicts are avoided. Page 18-72 TITLE 18 — ZONING b. Installation of the landscaping and screening shall be completed and a Landscaping Declaration submitted by the owner or owner's agent prior to issuance of the Certificate of Occupancy. If necessary due to weather conditions or construction scheduling, the installation may be postponed to the next planting season if approved by the Director and stated on the building permit. A performance assurance device equal to 150% of the cost of the labor and materials must be provided to the City before the deferral is approved. 6. Parking Lots. a. Setback and Perimeter Landscaping: (1) Surface parking lots shall set back a minimum of five feet from any open space, building facade, or Corridor back of sidewalk. The setback shall be designed and planted with: (a) 1 evergreen shrub per 4 linear feet of property line, excluding curb cuts. (b) Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the yard area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If turfgrass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around any tree. (2) Surface parking lots shall be buffered from adjacent residential development with heavy screening in the side and rear setback areas. b. Interior Parking Lot Landscaping: (1) For surface parking lots adjacent to public or private streets, a minimum of 20 square feet of interior parking lot landscaping is required for each parking stall. In the Workplace District, a minimum of 15 square feet per stall is required for warehouse and light industrial uses. (2) For surface parking lots located behind buildings or otherwise screened from public or private streets or public spaces, a minimum of 10 square feet of interior parking lot landscaping is required for each parking stall. (3) Flexibility is allowed for the layout of parking lots and landscaped areas, but the goal is to provide shade from trees that are evenly distributed throughout the parking lot. Planting trees in continuous, landscaped planting strips between rows of parking is encouraged. This approach may also be combined with surface water management design. For parking lots adjacent to public or private streets, if landscape islands are designed into the parking lot layout to divide continuous rows of parking stalls, they must be placed at minimum spacing of every 10 parking spaces. For parking areas located behind buildings or otherwise screened from public or private streets or public spaces, if landscape islands are used, they shall be placed at a minimum of one island every 15 parking stalls. (4) Landscape islands must be a minimum of 6 feet wide and a minimum of 100 square feet in area. All landscaped areas must be protected from damage by vehicles (curbs, tire stops, other techniques). (5) Landscape islands shall be placed at the ends of each row of parking to protect parked vehicles from turning movements of other vehicles. (6) A minimum of one large -canopy evergreen or deciduous tree or two medium -canopy trees are required for every 100 square feet of landscaped island, with the remaining area to contain a combination of shrubs, living groundcover, and mulch (see Figure 18-47). Figure 18-47: A single tree planted with no other materials and little room for viability is not acceptable. 7. Utility and Service Areas. Utility easements and other similar areas between property lines and curbing shall be landscaped and/or treated with dust and erosion control planting or surfacing. Trees proposed under overhead transmission lines shall be approved by the City on a case-by-case basis. 8. Street Trees in the Public Frontage. a. Street tree spacing in the public frontage shall be as specified in the applicable Corridor Standards. For smaller stature trees (those with canopies at maturity of less than 20 feet), spacing should be every 20 feet. For larger canopy trees, spacing should be wider as appropriate to the mature spread of the tree. Spacing will also need to consider sight vision distance at intersections, driveway locations, and utility conflicts. b. Street trees in the public frontage shall be planted to at least the following spacing standards: (1) At least 3.5 feet back from the face of the curb and with an approved root barrier installed on the curb side. (2) At least 5 feet from underground utility lines. (3) At least 10 feet from power poles. (4) At least 7.5 feet from driveways. (5) At least 3 feet from pad -mounted transformers (except 10 feet in front for access). (6) At least 4 feet from fire hydrants and connections. c. When used, tree grates and landscaped tree wells shall be a minimum 36 square feet in size (6' x 6'). Tree grates are not encouraged, but when used grates must have easily Produced by the City of Tukwila, City Clerk's Office Pagel 73 TITLE 18 — ZONING removable rings so that sections of grate can be removed incrementally as the tree matures. Tree well size may be adjusted to comply with ADA standards on narrower sidewalks. Root barriers must be installed at curb face. See TMC 18.28.240.B.3, "Soil Preparation and Planting," for structural soil requirements. d. Planting and lighting plans shall be coordinated so that trees are not planted in locations where they would obstruct existing or planned street or site lighting, while maintaining appropriate spacing and allowing for their size and spread at maturity. 9. Maintenance and Pruning. a. Any landscaping required by this chapter shall be retained and maintained by the property owner for the life of the project in conformance with the intent of the approved landscape plan and this chapter. Maintenance shall include keeping all planting areas free of weeds and trash and replacing any unhealthy or dead plant materials. b. Pruning of trees is only allowed for the health of the tree, to maintain sight distances or sight lines into commercial areas, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications. No tree planted by a property owner or the City to fulfill landscape requirements, or any existing tree, may be topped or removed without prior approval from the City. If a tree is topped or removed without approval, it shall be replaced with a new tree that meets the intent of this chapter within 120 days or the property owner will be subject to code enforcement and penalties as prescribed in TMC 8.45 and the issuance of a Notice of Violation in accordance with TMC 8.45.070. Options at the Director's discretion are to require replacement of the tree with a new tree of similar species that will achieve a similar canopy size at maturity, replace the tree with multiple smaller diameter trees of an appropriate species (only if there are limitations on space or conflicts with utility infrastructure), and/or require an in -lieu fee for off-site tree replacement. C. General Landscaping Considerations. 1. Plant Materials. a. Drought resistant species are encouraged in order to minimize irrigation requirements, except where site conditions within the required landscape areas ensure adequate moisture for growth. b. The mature size of selected tree species should be suitable to lot size, the scale of adjacent structures, and the proximity to utility lines. c. In general, deciduous trees with open branching structures are recommended to ensure visibility to retail establishments. More substantial shade trees are recommended in front of private residences. d. All trees should be selected and located so they will not obstruct views to showroom windows and building signage as they mature. e. Evergreen landscaping (Figure 18-48) is appropriate for screening utility vaults, loading docks and some storage areas. (Also see TMC 18.52.050 for screening outdoor storage areas.) Figure 18-48: Using evergreen landscaping to screen utilities f. Species selection is very important in grouped plantings (Figure 18-49). Drought tolerant species are strongly recommended and monoculture plantings are discouraged. Low maintenance cost and low replacement costs are two advantages of planting drought tolerant species in grouped configurations. Low (24-30 inches) shrubs, perennial or groundcover plantings that provide a superior degree of separation between the sidewalk and street at reduced maintenance costs may be used. Produce by the City of Tukwila, City Clerk's Office Page 18-74 TITLE 18 — ZONING Figure 18-49: Examples of landscaped tree wells 2. Design. a. Shade trees should be planted to shade buildings' east and west -facing windows to provide a balance between summer cooling and winter heating through solar gain. b. All landscaped areas should be designed to allow aquifer filtration and minimize stormwater run-off utilizing bio- swales, filtration strips, and bio -retention ponds where appropriate. (O3¢, 26ti ,§56, dtyh, Ord.. 2549 §22 , 2012 18.28.250 Open Space Regulations A. Purpose. This section contains regulations and guidelines for the provision, design, and configuration of new open spaces that may be publicly accessible. Open space regulations are set forth to ensure that the provision, design, and configuration of new open spaces contribute to the character of and support the type of development desired within each District. Open space for residential uses is also intended to promote the health of residents by providing on-site open space for recreational activities, physical exercise, and/or food production. Open spaces may consist of pedestrian spaces for commercial uses, and common and private open space for residential uses. B. All new open spaces, whether or not they are required by open space regulations, shall be designed and configured according to the following regulations. C. The following requirements for the provision and design of pedestrian, common and private open spaces are organized by Use Type. These regulations are established to ensure a wide range of public spaces that complement the primary public streets and open spaces in each District as the Southcenter area intensifies. D. General Open Space Regulations. 1. Open space requirements for commercial and residential uses are as specified in Table 18-4, "Provision of Open Space." 2. Compliance with the open space square footage ratio listed in Table 18-4 is required for new construction, the area of expansion of existing buildings and changes in use from one category in Table 18-4 to another. 3. Open space for new or expanded commercial and residential uses shall be built within the development by developers at the time development occurs. 4. Options for provision of open space. a. The square footage of all streets built per TMC 18.28.140, "New Streets," may be counted toward meeting the provision of open space requirements for pedestrian space. They may not be used to satisfy common and/or private open space requirements for residential uses. b. The Director shall give credit for existing on-site open space amenities that meet the requirements of this section toward the open space square footage triggered by the new construction or change of use. Produced by the City of Tukwila, City Clerk's Office Page i —75 TITLE 18 — ZONING c. At the discretion of the Director, required pedestrian space for commercial uses or residential common open space may be constructed off -premises and/or as part of a larger open space being provided by the City or other private developments within that District or within 1,000 feet of the project premises. d. If strict compliance with these regulations would create substantial practical difficulties for a site and none of the above approaches would provide relief, the property owner may apply for a Special Permission Modification and propose an alternate solution that meets the intent of the regulations. (1) Special Permission Modification shall be a Type 2 decision. An applicant shall submit evidence of the above (subparagraph 18.28.250.D.4.d) to the Director, which could take the form of a brief report and site plan that addresses the difficulties of meeting the regulations, the proposed alternative solution, and how the proposed solution meets the intent of the applicable open space regulations. (2) Applicants may request that up to 75 percent of their required pedestrian open space be provided indoors. E. Pedestrian Space for Commercial Uses. 1. Pedestrian spaces for commercial uses are publicly accessible, outdoor, landscaped spaces used primarily for active or passive community recreation and civic purposes. These may include a linear green, square, plaza, courtyard, or pedestrian passage. Play areas for children may be provided indoors or outdoors. These spaces shall be privately owned and maintained, including keeping the space free of trash and graffiti. Amenities provided within the space, such as benches, planters, art and water features, shall be maintained for the life of the project. 2. Pedestrian Space Design Requirements. a. Ground level pedestrian spaces shall be connected to public sidewalks and abut public rights-of-way on at least one side. b. Ground level pedestrian spaces shall be located where they are visible and easily accessible to the public from adjacent sidewalks and avoid masses of shrubs around edges. The space shall not be more than 2 feet above or below the adjacent sidewalk. c. Pedestrian spaces shall be comprised of a greater proportion of hardscape (paved areas, fountains, plants in pots), than softscape (grass or other landscape material). See Figure 18-50. Figure 18-50: Examples of pedestrian spaces d. Pedestrian spaces shall be publicly accessible during the hours of operation of the use. Pedestrian spaces, except for passages, shall be a minimum of 500 square feet or the required amount of open space (whichever is less) in size, contain seating areas, and open on to pedestrian generators such as entrances to offices, stores, or restaurants. e. Pedestrian spaces shall be located to take advantage of sunlight to the greatest extent possible. South -facing plazas are generally preferred, unless particular lot configurations prevent such orientation. f. At least 3 feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space shall be provided. This provision may be relaxed or waived where there are provisions for movable seating that meet the purpose of the standard. See Section 4 of the Southcenter Design Manual for guidelines on designing walls for seating. g. Site design features that create entrapment areas in locations with pedestrian activity shall be avoided. h. Development shall incorporate Crime Prevention Through Environmental Design (CPTED) principles into open space site design. Producehe City of Tukwila, City Clerk's Office Page 18-76 TITLE 18 — ZONING i. Pedestrian spaces shall not be located adjacent to dumpster enclosures, loading/service areas, or other incompatible uses unless fully screened with an architecturally consistent wall or solid fence (no chain link) and landscaping. j. Pedestrian passage design requirements: (1) A passage shall serve as a pedestrian connector passing between buildings to provide shortcuts through long blocks and access to rear parking areas or courtyards. (See Figure 18-51.) Figurel8-51: Examples of pedestrian passages (2) Passages shall be paved and landscaped, and specifically reserved for pedestrian travel. (3) Passages shall be a minimum of 10 feet and a maximum of 30 feet wide. (4) The design of the passage shall encourage pedestrian circulation. This can be accomplished by: (a) Having the walkway meet the public sidewalk in an engaging and identifiable manner. (b) Providing pedestrian amenities such as alternative paving methods, seating, and planters. (c) Designing the passage using CPTED principles. (5) Incorporate design treatments to mitigate impacts of any blank walls along the passageways (see Section 15 of the Southcenter Design Manual). (6) For properties adjacent to fixed rail transit or bus facilities, a passage may include transit station or bus stop access. (7) For properties adjacent to the Green River, a passage may include a pedestrian connection between the Green River Trail and a publicly accessible street/sidewalk. The passage should be established in an easement allowing for public access through private property. F. Common Open Space for Residential Uses. 1. Purpose: a. To provide accessible, safe, convenient, and usable common open space for residential uses; b. To promote the health of residents by providing access to common open space for recreational activities, physical exercise, and/or food production; and c. To create common open spaces that enhance the residential setting. 2. Common open spaces are privately owned and maintained interior common spaces, such as pools or exercise rooms, and/or outdoor landscaped spaces, such as rooftop decks, ground level open spaces, children's play areas, or other multipurpose green spaces associated with multi -family developments that provide for the recreational needs of the residents of the development and are not publicly accessible. Produced by the City of Tukwila, City Clerk's Office Paget P877 TITLE 18 — ZONING 3. Common open space design requirements (see Figure 18-52, and Section 5 of the Southcenter Design Manual, for additional guidance). Figure 18-52: Common open space examples a. Required building setback areas shall not be counted towards common open space. b. No more than 50 percent of the required common space may be indoor or covered space. c. Common open spaces shall be easily visible and readily accessible to multi -family residents. d. The common open spaces for a site shall provide at least one of the following amenities for every 200 square feet of common open space up to a maximum requirement of three amenities to accommodate a variety of ages and activities: (1) (2) (3) (4) (5) (6) (7) (8) Site furnishings (tables, benches) Picnic and/or barbecue areas Patios, plazas, courtyards, or rooftop terraces Active play areas for children Urban (private/individual) garden plots Pool and/or hot tub Multi-purpose room with cooking facilities Exercise facility e. Common open spaces shall not be less than 20 feet wide. f. Courtyards shall be a minimum of 30 feet along the east -west axis and 20 feet along the north -south axis. g. Adequate fencing, plant screening or other buffer shall separate the common open space area from parking areas, driveways, utility areas, mechanical equipment or public streets. Rooftop utilities shall be adequately screened and separated from rooftop common open spaces. h. Common open spaces shall be located to take advantage of sunlight to the greatest extent possible. i. Site design features that create entrapment areas in locations with pedestrian activity shall be avoided. j. Development shall incorporate Crime Prevention Through Environmental Design (CPTED) principles into open space site design. k. Common open spaces shall not be located adjacent to dumpster enclosures, loading/service areas, or other incompatible uses, unless fully screened with an architecturally consistent wall or solid fence (no chain link) and landscaping. I. Interior located common space must be: (1) Located in visible areas, such as near an entrance lobby and near high traffic corridors. (2) Designed to provide visibility from interior pedestrian corridors and to the outside. Windows should generally occupy at least one-half of the perimeter of the space to make the space inviting and encourage use. (3) Designed to specifically serve interior recreational functions and not merely leftover space used to meet the common space requirement. m. Common open spaces shall be maintained by the property owner, including keeping the space free of trash and graffiti. Amenities provided within the space, such as benches, planters, art and water features, shall be maintained for the life of the project. Produce ld'bj/r the City of Tukwila, City Clerk's Office Page 18-78 TITLE 18 — ZONING G. Private Open Space for Residential Uses. 1. Private open spaces are privately owned and maintained and include outdoor balconies, decks, patios, yards, courtyards, rooftop decks or gardens (Figure 18-53), or landscaped areas used for recreation by inhabitants of a single dwelling unit. Figure 18-53: Rooftop Garden 2. Private open space design requirements. a. Required setback areas shall not be counted towards private open space provision requirements, unless configured as a private yard and accessed by secondary unit entrance(s). b. Private open spaces shall have primary access from the dwelling unit served. c. Private yard landscaping shall be consistent with "Side and Rear Yard Landscape Types" (TMC 18.28.230.B). d. Access to a balcony or patio shall be limited to the dwelling served. (rd, 2443 §26, 201 4) 18.28.260 General Parking Requirements A. This section contains regulations and guidelines for the provision, locations, and design of parking. Parking regulations are set forth to ensure that the provision of parking, and the design and configuration of parking areas, contribute to the character of and support the type of development desired within each District in the urban center. B. Number of Parking Spaces. 1. The minimum parking provision for vehicles required by all new development and changes in use shall be as specified in Table 18-5, "Provision of Parking." In the case of a use not specifically mentioned in this table, the requirements for the number of off-street parking spaces shall be determined by the Director as a Type 2 Special Permission Decision. Such determination shall be based on the requirements for the most comparable use specified in this section or a parking study. 2. Any off-street parking area already in use or established hereafter shall not be reduced below the ratios required in Table 18-5. Any change of use must meet the parking requirements of the new use. 3. A maximum of 30% of the total off-street parking stalls may be designed and designated for compact cars. 4. Electric vehicle charging stations and parking spaces shall be governed by TMC 18.56.135. 5. Parking Reductions. a. New on -street parking spaces provided along adjacent new streets may be counted toward the minimum parking requirement for commercial development on that property. b. Parking requirements for commercial development within 600 feet of the Sounder transit station or the Tukwila bus Transit Center, or residential development within 1,320 feet of either station may be reduced or modified by the Director as a Type 2 Special Permission Decision. This distance will be the walking distance measured from the lot line of the development to the lot line of the station. c. A reduction in minimum parking requirements may be requested per TMC 18.56.140, "Administrative Variance from Parking Standards." d. Shared Parking: When two or more property owners agree to enter into a shared parking agreement, the setbacks and landscaping requirements on their common property line(s) may be waived with that land used for parking, driveway and/or building. The total number of spaces may be reduced if it is demonstrated through a parking study that complementary uses, internal trip capture or uses with different peak parking needs justify the reduction in number. e. All or part of a development's parking requirement may be satisfied through payment of in -lieu fees based on the current real cost of constructing a parking space in an exposed above -ground parking structure, when approved by the Director. C. Vehicular Access. 1. Curb Cuts and Driveways. a. When access to parking facilities and loading areas is provided from front or side streets, the maximum number of curb cuts associated with a single development shall be one two- lane curb cut or two one -lane curb cuts for each 500 linear feet of street frontage. Shared driveways and new public or private streets do not count against this total. b. The maximum width of driveways/curb cuts is 15 feet for a one -lane and 30 feet for a two-lane driveway. In the Workplace District, the maximum width of driveways/curb cuts is 35 feet. Produced by the City of Tukwila, City Clerk's Office Page :-79 TITLE 18 — ZONING c. On Walkable and Neighborhood Corridors, the curb cut design for driveways or private streets shall match the height of the sidewalk to ensure that the sidewalk stays at a consistent grade for pedestrians, with the apron dipping down to meet the street level starting at the planting strip or tree wells (see Figure 18-54). Figure 18-54: Example of driveway level with the height of the sidewalk Driveway With Planting Strips Placating strips allow the sides and in a continuous direction. k to remain d. The total width of parking access openings on the ground level of structured parking may not exceed 30 feet when fronting on a public or private street. e. Driveways shall be set back a minimum of five feet from adjoining properties (unless the driveway is shared with adjacent premises), and a minimum of three feet from adjacent buildings. f. If two adjoining properties combine their side yards for the purposes of having a shared driveway, side yard landscaping requirements along that property line will be waived. g. Driveways may not be signalized. In order to be considered for installation of a traffic signal, a new public or private street must be constructed per the standards in TMC 18.28.140. h. These standards may be varied by the Director when there is a demonstrated conflict with truck maneuvering or fire access that cannot be addressed otherwise. D. Parking Lots. 1. Dimensions. Minimum parking area dimensions for surface parking shall be as provided in TMC 18.56, Figure 18-6, "Off-street Parking Area Dimensions." 2. Maneuverability. a. Adequate ingress to and egress from each parking space shall be provided without moving another vehicle and without backing more than 50 feet. b. Tandem parking spaces (where one car is parked directly behind another) are allowed for residential units with two or more bedrooms and both spaces must be assigned for the exclusive use of that unit. All tandem parking spaces must be ProducelcP he City of Tukwila, City Clerk's Office designed for full size rather than compact size vehicles based on the dimensions in TMC 18.56, Figure 18-6. c. Turning and maneuvering space shall be located entirely on private property (Figure 18-55) unless specifically approved by the Public Works Director. Figure 18-55. Not enough room on-site to exit loading area, resulting in disruption of traffic movements d. The slope of off-street parking spaces shall not exceed 5%. The slope of entrance and exit driveways providing access for off-street parking areas and internal driveway aisles without parking stalls shall not exceed 15%. 3. Surface. a. The surface of any required off-street parking or loading facility shall be paved with asphalt, concrete or other similar approved material(s) and shall be graded and drained as to dispose of all surface water, but not across sidewalks. b. All traffic -control devices, such as parking stripes designating car stalls, directional arrows or signs, curbs and other developments shall be installed and completed as shown on the approved plans. c. Paved parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. d. Wheel stops shall be required on the periphery of parking lots so cars will not protrude into the public right-of-way, walkways, off the parking lot or strike buildings. Wheel stops shall be two feet from the end of the stall of head -in parking. 4. Setbacks, Perimeter, and Interior Landscaping. a. Surface parking lots shall set back a minimum of five feet from any back of sidewalk, open space, or building facade. The setback shall be designed and planted as specified in TMC 18.28.240.B.6.a. b. See TMC 18.28.240.B.6.b for interior parking lot landscaping requirements. Page 18-80 TITLE 18 — ZONING 5. Parking Lot Walkways. a. A hard -surfaced walkway a minimum of 6 feet in unobstructed width shall be provided for safe walking areas through surface parking lots between main building entrances and sidewalks adjacent to streets. Front surface parking lots shall provide such routes at a maximum spacing of every 300 feet or to each major building entrance, whichever is closer. b. Walkways through parking areas (see Figure 18- 56) shall be separated from vehicular parking and travel lanes by use of contrasting paving material, curbing, or landscaping and may be raised above the vehicular pavement. Trees and pedestrian -scaled lighting (maximum 15 feet in height) shall be used to clearly define pedestrian walkways or other pedestrian areas within the parking area. Figure 18-56: Parking lot walkway standards and example c. Pedestrian crossings are required when a walkway crosses a paved area accessible to vehicles. Applicants must continue the sidewalk pattern and material across internal driveways. 6. Lighting and Safety. Parking and loading areas shall include lighting capable of providing adequate illumination for security and safety, provide clear views both to and within the site, and be in scale with the height and use of the associated structure. See also TMC 18.28.280.B, "Lighting." E. Drive -Through Facilities. 1. Stacking lanes shall be located to the rear or least visible portion of a building. 2. Stacking lanes shall be designed to accommodate expected queuing. F. Parking Structures. 1. Parking structures shall be located and designed to minimize their impact on public streets and public spaces. Consider using residential dwelling units, retail storefronts or office space to line the ground level fagades of parking structures adjacent to a pedestrian -oriented street or open space. 2. Parking structures shall be buffered from adjacent residential development with heavy screening (see TMC 18.28.230.6.5, "Heavy Screening"). 3. See the Southcenter Design Manual (Section 16, "Parking Structures") and the City of Tukwila's "Parking Structure Design Guidelines" (2001) for additional requirements and guidelines regulating parking structures, parking podiums, and garages. (s rti 2443 §2? 2014) 18.28.270 General Parking Guidelines A. Parking Lot Landscaping. Note: See TMC 18.28.240.6.6 for standards for perimeter and interior parking lot landscaping. 1. Trees in parking areas, when mature, should be large and have a high -branching, broad -headed form to create maximum shade. 2. Landscaping in parking lot interiors and at entries should not obstruct a driver's clear sight lines to oncoming traffic. 3. Rooftop Parking Landscape Alternatives. a. Landscape Planters. (1) For a parking area on the top level of a parking structure, one planter that is 30 inches deep and 5 feet square should be provided for every 10 parking stalls on the top level of the structure. (2) Each planter should contain a small tree or large shrub suited to the size of the container and the specific site conditions, including desiccating winds. (3) The planter should be clustered with other planters near driving ramps or stairways to maximize visual effect. (4) Only non-flammable mulch such as gravel should be used. b. Rooftop Garden or Green Roof. An on-site rooftop area, equal in size to a minimum of 5 square feet of Produced by the City of Tukwila, City Clerk's Office Page ° -81 TITLE 18 — ZONING landscaping per each top level parking stall, may be covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane. c. Terraced Planters. Upper levels of parking structures can be stepped back and incorporate irrigated terraced planters, equal in size to a minimum of 5 square feet of landscaping per each top level parking stall. d. Green Wall. The fagade of the parking structure may be trellised and planted with vines or have an irrigated green wall system installed to provide a minimum of 5 square feet of landscaping per each top level parking stall. B. Loading Zones. Loading zones should be separated from customer and occupant pedestrian areas. C. Bicycle Parking. 1. General Standards. a. Racks should be oriented to maximize their efficiency and aligned to keep obstructions away from pedestrian thoroughfares. b. Clustered arrangements of racks should be set back from walls or street furniture to allow bikes to be parked at both ends or from either side. c. Where more than one rack is installed, the minimum separation between aisles should be 48 inches (the aisle is measured from tip to tip of bike tires across the space between racks). This provides enough space for one person to walk one bike. In high traffic areas where many users park or retrieve bikes at the same time, the recommended minimum aisle width is 72 inches. d. Multiple buildings should be served by many small racks in convenient locations rather than a combined, distant rack area. 2. Short Term Parking. a. Bicycle racks should be easy to find and located no more than 50 feet from the entrance of destinations. If bicycle parking is not easily visible from the street, a sign must be posted indicating its location. b. Racks should be located within sight of gathering places or in busy pedestrian areas that provide constant, informal surveillance of bikes and accessories. c. Building overhangs, canopies or other features should be used to provide weather protection. 3. Parking at the Workplace. a. Secure bicycle storage areas should be used to park bikes for a full working day. b. Bike storage areas should be located in high visibility areas close to elevators, stairs and entrances. c. Bicycle parking should always be protected from the elements either indoors, covered by building elements, or in a separate shelter. d. Bicycle storage areas should be located as close or closer to elevators or entrances than the closest car parking space, and no more than 200 feet from access points. (Ord. 2443 §28, 2014) 18.28.280 Site Requirements A. Pedestrian Circulation. Note: For walkways through parking lots, see TMC 18.28.260.D.5. 1. Redevelopment of a superblock site shall strive to create a pedestrian -friendly environment within the internal layout (see Figure 18-57). In addition to providing any required new streets, this can be accomplished by defining a network of pedestrian walkways that serve as a "grid", connecting these walkways to uses with the site and to the larger street network, and creating smaller parking areas in place of one large parking lot. Figure 18-57: Example of good internal pedestrian circulation. Note connections from the street, between buildings and through parking lots. Pedestrian access routes ao-e ,60.1.40 2. Pedestrian access points shall be provided along property edges at pedestrian arrival points and coordinated with crosswalks, transit stops, trails and paths, and existing and planned adjacent development. 3. Pedestrian paths must be provided across landscape areas, where needed, to allow convenient pedestrian circulation and prevent plants from being trampled and their roots compacted. Producethe City of Tukwila, City Clerk's Office Page 18-82 TITLE 18 — ZONING 4. Walkways shall be provided along any building featuring a customer or residential entrance, and along any facade abutting a parking area (see Figure 18-58). Figure 18-58: Internal walkway standards and an example along retail or mixed-use buildings Street trees every 30' Pedestrian lighting Total sidewalk width 5. In the Regional Center, TOD, and Pond Districts, where a walkway crosses a driveway or a paved area accessible to vehicles, the crosswalk shall be distinguished by the use of durable low maintenance surface materials, such as pavers, bricks, or scored concrete, to enhance pedestrian safety and comfort, as well as the attractiveness of development. Pedestrian refuge islands and "speed tables" may also be used to minimize curb cuts and ramps (speed tables maintain the level of the adjacent sidewalk at identified pedestrian crossings, reversing the situation where a pedestrian must enter the zone of moving vehicles to cross the street). These pedestrian features shall be designed to accommodate fire lanes and emergency vehicle access routes. 6. The pedestrian marking style used shall be consistent throughout the development. B. Lighting (also see Section 3 of the Southcenter Design Manual). 1. Safety. a. Pedestrian -oriented areas, including building entrances, walkways and paths, plazas, parking lots, and parking structures shall be illuminated to increase safety and provide clear views both to and within the site. b. Pedestrian walkways where stairs, curbs, ramps, and crosswalks occur shall be lit for nighttime safety. 2. Glare Prevention. a. Where appropriate, exterior lighting practices must follow the recommendations of the Illuminating Engineering Society of North America (IES). b. New lighting fixtures shall be "dark sky" compliant, i.e. emitted light should be directed downward from the horizontal plane of the light source to preserve a dark sky and prevent unnecessary light pollution. Exceptions may be made for uplit trees and plants and exterior architectural lighting operated on timers to shut off after midnight nightly. c. Where feasible, new fixtures shall use a reflector and/or a refractor system for efficient distribution of light and reduction of glare. d. House -side shields and internal reflector caps shall be used to block light from illuminating residential windows. 3. Height. a. The maximum mounting height for building - mounted lights is 20 feet above finished grade in Workplace and Corridor Commercial Districts and 14 feet above finished grade in all other Districts. b. The maximum height for pole -mounted lighting at parking lots is 20 feet from grade to light source; lower heights should be used wherever possible. c. The maximum height for pole -mounted lighting at pedestrian plazas, walkways, and entry areas is 12 to 14 feet in height from grade to light source. C. Walls and Fences (also see Section 4 of the Southcenter Design Manual). 1. All fences shall be placed on the interior side of any required perimeter landscaping. 2. Overall height of fences and walls located in the front yard shall not exceed 3 feet. 3. Barbed-wire, razor -wire, and corrugated metal fencing shall not be permitted. Chain link fencing is permitted only within the Workplace District. 4. Screening walls shall not exceed a height of 7 feet. D. Utility and Service Areas (also see Section 2 of the Southcenter Design Manual). 1. Service areas shall be appropriately screened. Garbage and recycling dumpsters visible from the public realm shall be screened from view using durable materials that complement the building, and incorporate landscaping integrated with other on -premises and adjacent landscaping. The opening to the service area shall be located away from the public sidewalk. 2. Utility and equipment cabinets shall be placed in less visible areas and screened, or located inside of a building. 3. Service equipment, including satellite receiving dishes, transformers, and backflow devices, shall be located away from streets and enclosed or screened from view by landscaping, fencing or other architectural means. 4. Screening of on-site mechanical equipment shall be integrated as part of a project's site and building design and shall incorporate architectural styles, colors and other elements from the roof and fagade composition to carefully integrate screening features. Picket fencing, chain-link fencing and exposed sheet metal boxes are not permitted outside of the Workplace District. (Ord. 2443 §29, 2014) Produced by the City of Tukwila, City Clerk's Office Page 8-83 TITLE 18 — ZONING CHAPTER 18.30 COMMERCIAL/LIGHT INDUSTRIAL (C/Li) DISTRICT Sections: 18.30.010 Purpose 18.30.020 Land Uses Allowed 18.30.060 On -Site Hazardous Substances 18.30.070 Design Review 18.30.080 Basic Development Standards 18.30.010 Purpose This district implements the Commercial/Light Industrial Comprehensive Plan designation. It is intended to provide for areas characterized by a mix of commercial, office, or light industrial uses. The standards are intended to promote viable and attractive commercial and industrial areas. (Ord. 1753 §1 (part), 1999:) 18.30.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord. 2500 §15, 2016) 18.30.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Ord. 17558 §1 (part), 1995) 18.30.070 Design Review Design review is required for: 1. New developments within 300 feet of residential districts. 2. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 3. Developments larger than 1,500 square feet outside the shoreline jurisdiction. 4. Certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See TMC 18.60, Design Review) (Ord, 2368 §31, 2012; Ord. 2005 §10, 2dr02s Ord. 1758 §/ (part), 1995) Produced -1 the City of Tukwila, City Clerk's Office 18.30.080 Basic Development Standards Development within the Commercial Light Industrial District shall conform to the following listed and referenced standards: C/LI BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Second front, if any portion of the yard is within 50 feet of LDR, MDR, HDR 15 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 4 stories or 45 feet Off-street parking: • Warehousing 1 per 2,000 sq. ft. usable floor area min. • Office 3 per 1,000 sq. ft. usable floor area min. • Retail 2.5 per 1,000 sq. ft. usable floor area min. • Manufacturing 1 per 1,000 sq. ft. usable floor area min. • Other Uses See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 2678 2, 2022; Ord. 1872 §8, 1999; Ord. 1758 §1 (drrrr ), 1995) Page 18-84 TITLE 18 — ZONING CHAPTER 18.32 LIGHT INDUSTRIAL (LI) DISTRICT Sections: 18.32.010 Purpose 18.32.020 Land Uses Allowed 18.32.060 On -Site Hazardous Substances 18.32.070 Design Review 18.32.080 Basic Development Standards 18.32.010 Purpose This district implements the Light Industrial Use Comprehensive Plan designation. It is intended to provide areas characterized by distributive and light manufacturing uses, with supportive commercial and office uses. (Ord. 1758 §1 (part), 1995) 18.32.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord, 2500 S16, 2016) 18.32.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) Ord, 1758 §1 (par,), 1995) 18.32.070 Design Review Design review is required for: 1. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 2. New developments within 300 feet of residential districts. (See TMC 18.60, Design Review) (Ord. 2368 §:34, 2012; Ord 2005 §11, 2002; Ord, 1758 §1 (part), 1995) 18.32.080 Basic Development Standards Development within the Light Industrial District shall conform to the following listed and referenced standards: LI BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 4 stories or 45 feet Off-street parking: • Warehousing 1 per 2,000 sq. ft. usable floor area min. • Office 3 per 1,000 sq. ft. usable floor area min. • Retail 2.5 per 1,000 sq. ft. usable floor area min. • Manufacturing 1 per 1,000 sq. ft. usable floor area min. • Other Uses See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 2678 5¢ 2022; Or~1. 1872 S9, `1999) Ord, 1758 §1 ((part),, 199 6) Produced by the City of Tukwila, City Clerk's Office Page 1'8 —85 TITLE 18 — ZONING CHAPTER 18.34 HEAVY INDUSTRIAL (HI) DISTRICT Sections: 18.34.010 Purpose 18.34.020 Land Uses Allowed 18.34.060 On -Site Hazardous Substances 18.34.070 Design Review 18.34.080 Basic Development Standards 18.34.010 Purpose This district implements the Heavy Industrial Comprehensive Plan designation. It is intended to provide areas characterized by heavy or bulk manufacturing uses and distributive and light manufacturing uses, with supportive commercial and office uses. The development standards are the minimum necessary to assure safe, functional, efficient, and environmentally sound development. (Ord. 1758 21 (part),, 1995) 18.34.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Orel. 2500 §17, 2016) 18.34.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Orel.. 1758 §1 (part), 1995) 18.34.070 Design Review Design review is required for: 1. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 2. New developments within 300 feet of residential developments. 3. New developments that are outside the shoreline jurisdiction and over 45 feet in height. (See TMC 18.60, Design Review) (Ord, 2368 ¢36, 2012; Ord, 2005 §12, 2002; Ord, 1793 §i, 1997; Ord, 1758 §1 (part), 1995) 18.34.080 Basic Development Standards Development within the Heavy Industrial District shall conform to the following listed and referenced standards: HI BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18,52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 115 feet Off-street parking: • Warehousing 1 per 2,000 sq. ft. usable floor area min, • Office 3 per 1,000 sq. ft. usable floor area min, • Retail 2.5 per 1,000 sq. ft. usable floor area min. • Manufacturing 1 per 1,000 sq. ft. usable floor area min. • Other Uses See TMC 18.56, Off-street Parking & Loading Regulations (Orel, 2678 §34, 2022; Ord. 2 §10, 1999; Ord, 1793 §2, 1997; rd,. 1758 §1 (part), 1995) Producehe City of Tukwila, City Clerk's Office Page 18-86 TITLE 18 — ZONING CHAPTER 18.36 MANUFACTURING INDUSTRIAL CENTER/ - LIGHT (MIC/L) DISTRICT Sections: 18.36.010 Purpose 18.36.020 Land Uses Allowed 18.36.060 On -Site Hazardous Substances 18.36.070 Design Review 18.36.080 Basic Development Standards 18.36.010 Purpose This district implements the Manufacturing Industrial Cen- ter/Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. (Ord. 1758 §1 (part), 1995) 18.36.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord. 2500 §1 20 15 18.36.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) r 5, 1758 §1 (part), 19951 18.36.070 Design Review Design review is required for: 1. All new office development. 2. All new developments within 300 feet of residential districts. 3. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. (See TMC 18.60, Design Review) (Ord. 2368 §38, 2012; Ord. 2335 §5, 2011; Ord, 2005 XS13, 2002;. crct 1758 §1 (part), 1995) 18.36.080 Basic Development Standards Development within the Manufacturing Industrial Center/Light Industrial District shall conform to the following listed and referenced standards: MIC/L BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Second front, if any portion of the yard is within 50 feet of LDR, MDR, HDR 15 feet • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear None • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 4 stories or 45 feet Off-street parking: • Warehousing 1 per 2,000 sq. ft. usable floor area min. • Office 3 per 1,000 sq. ft. usable floor area min. • Retail 2.5 per 1,000 sq. ft. usable floor area min, • Manufacturing 1 per 1,000 sq. ft. usable floor area min. • Other Uses See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 2678 y35, 2022,: Ord. 1872 §11, 1999; Orc,, 1755 ai part), 1995 Produced by the City of Tukwila, City Clerk's Office Page —87 TITLE 18 — ZONING CHAPTER 18.38 MANUFACTURING INDUSTRIAL CENTER/ - HEAVY (MIC/H) DISTRICT Sections: 18.38.010 Purpose 18.38.020 Land Uses Allowed 18.38.060 On -Site Hazardous Substances 18.38.070 Design Review 18.38.080 Basic Development Standards 18.38.010 Purpose This district implements the Manufacturing Industrial Center/Heavy Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing heavy or bulk manufacturing and industrial uses, distributive and light manufacturing and industrial uses, and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. (Ordn 1758 §1 (purr), 1995) 18.38.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord, .2500 09, 2016) 18.38.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Orc.. 1758 j51 (part), 1995) 18.38.070 Design Review Design review is required for: 1. All new office development. 2. All development within 300 feet of residential districts. 3. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. (See TMC 18.60, Design Review) (Ord, 2368 §40,, 2012; Ord; 2335 §9, 2011; Ord; 2005 X14, 2002; Ord, 1758 §1 (part), 1995) 18.38.080 Basic Development Standards Development within the Manufacturing Industrial Center/Heavy Industrial District shall conform to the following listed and referenced standards: MIC/H BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Second front, if any portion of the yard is within 50 feet of LDR, MDR, HDR 15 feet • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear None • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18,52, "Landscape Requirements " Table A, for perimeter and parking lot landscaping requirements. Height, maximum 125 feet Off-street parking: • Warehousing 1 per 2,000 sq. ft. usable floor area min. • Office 2.5 per 1,000 sq. ft. usable floor area min. • Retail 2.5 per 1,000 sq. ft. usable floor area min. • Manufacturing 1 per 1,000 sq. ft. usable floor area min. • Other Uses See TMC 18.56, Off-street Parking & Loading Regulations Ord, 2670 §36, 2022; Ord; 12172 §1 , 1999; Qrd1. 1752 ` (,aw1), 1995) Produce clrbjr the City of Tukwila, City Clerk's Office Page 18-88 TITLE 18 — ZONING CHAPTER 18.40 TUKWILA VALLEY SOUTH (TVS) DISTRICT Sections: 18.40.010 Purpose 18.40.020 Land Uses Allowed 18.40.060 On -Site Hazardous Substances 18.40.070 Design Review 18.40.080 Basic Development Standards 18.40.010 Purpose This district implements the Tukwila Valley South Comprehensive Plan designation. It is intended to provide an area of high-intensity regional uses that include commercial services, offices, light industry, warehousing and retail uses, with heavy industrial uses subject to a Conditional Use Permit. (Ord, 1758 §1(part), 1995) 18.40.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord. 2500 §20, 2016) 18.40.060 On -Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Ord, 1758 §1 (part), 1995) 18.40.070 Design Review Design review is required for: 1. New development within 300 feet of residential districts. 2. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 3. Developments larger than 1,500 square feet. 4. All multi -family developments outside the shoreline jurisdiction. (See TMC 18.60, Design Review) (Ord, 2368 §44, 2012; Ord, 2005 §1a, 2002: Ord, 1758 §1 (part), 1995) 18.40.080 Basic Development Standards Development within the Tukwila Valley South District shall conform to the following listed and referenced standards: TVS BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 2,000 sq. ft. Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 115 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking/Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail 4 per 1,000 sq. ft. usable floor area minimum • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.210, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord, 2678 §37, 2022; Ord, 1976 X660, 2001; Ord, Ord, 1630 §27, 1998; Ord, 1758 pr`1,. 1999; 1995) Produced by the City of Tukwila, City Clerk's Office Page —89 TITLE 18 — ZONING CHAPTER 18.41 TUKWILA SOUTH OVERLAY (TSO) DISTRICT Sections: 18.41.010 Purpose 18.41.020 Land Uses Allowed 18.41.070 On -Site Hazardous Substances 18.41.080 Design Review 18.41.090 Basic Development Standards 18.41.100 Modifications to Development Standards through Design Review 18.41.110 Final Site Plan 18.41.120 Performance Guarantee 18.41.010 Purpose A. This district implements the Tukwila South Master Plan designation and related policies and provisions of the Tukwila Comprehensive Plan. As an overlay district, the Tukwila South Overlay (TSO) district may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan Area. Within the Tukwila South Overlay, the provisions of this chapter shall supersede the provisions of the underlying zoning district. B. The Tukwila South Overlay district is intended to create a multi -use regional employment center containing high technology, office, commercial, and residential uses. National and international employers specializing in emerging technologies (bio-tech/life sciences) are featured in campus settings. Retail activities range from individual large-scale national retailers to gateway and village retail and shopping centers that support office and high-tech campuses and residential neighborhoods. A mix of single-family and multi -family dwellings at low, medium, and high densities provide a variety of housing opportunities. Tukwila South will create a memorable and regionally identifiable place by building upon the Northwest tradition of quality outdoor environments and quality building materials, combined with traditional Puget Sound building elements. (Ord, 2235 §1 (part), 2009) 18.41.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord. 2500 4.21, 20 6) 18.41.070 On -Site Hazardous Substances No on-site hazardous substance processing and handling or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) (Ord, 2235 §1O (part), 2009) 18.41.080 Design Review A. The Director shall require that all development within the Tukwila South Overlay district is consistent with the policies of the Tukwila Comprehensive Land Use Plan and the Tukwila South Master Plan, and conforms to the requirements of this title and any applicable development agreement. B. Design review is required for all non-exempt development within the Tukwila South Overlay district. The applicant may submit a site plan for review for all or a portion of the area covered by the Tukwila South Master Plan. Prospective applicants are encouraged to schedule a pre -application conference as provided by TMC 18.104.050 prior to submitting a design review application. C. The following development activities are exempt from design review: 1. Interior remodeling of existing buildings or structures. 2. Underground utility projects. 3. Detached single-family subdivisions subject to TMC Title 17 — Subdivisions and Plats. 4. Exterior repair, reconstruction, cosmetic alterations or improvements if the cost of that work is less than 10% of the building's assessed valuation. 5. Development that is categorically exempt under the State Environmental Policy Act (SEPA) (RCW 43.21C). D. Design review includes an examination of the following elements: placement and scale of structures, design, height, form, parking, access, signage, vehicular and pedestrian connections and circulation, environmental considerations, open space, landscaping, and infrastructure needs as described in the Tukwila South Master Plan or any applicable development agreement. The purposes of the review process include: 1. Allowing City staff to review the detailed arrangement of the proposed development to ensure it is consistent with the intent and scope of the Tukwila South Master Plan, as well as any applicable development regulations, zoning district provisions, design review standards, and any approved development agreement provisions. 2. Assure the proposed development is compatible with both the physical characteristics of the site, and the existing and potential uses of the surrounding area as described in an approved Master Plan. 3. Ensure compliance with the requirements of the State Environmental Policy Act (SEPA - RCW 43.21C) and other applicable regulations and standards. Produce d°bjr the City of Tukwila, City Clerk's Office Page 18-90 TITLE 18 — ZONING E. All design review applications for development within the Tukwila South Overlay district shall be reviewed in accordance with the following criteria. When two or more of the criteria listed below conflict, the Director shall evaluate the applicability and importance of each based on the intent of the Tukwila South Master Plan and reasonably balance any conflicting criteria in reaching a design review decision. 1. Substantial conformance with the Tukwila South Master Plan, including but not limited to, fostering the vision and guiding principles of the Master Plan. 2. Compliance with the applicable district standards in this title, and other applicable City regulations. Modifications to the development standards may be requested as part of design review per TMC 18.41.100. 3. Substantial consistency with Tukwila Comprehensive Land Use Plan goals and policies. 4. Substantial conformance with the provisions of any applicable development agreement. 5. Substantial conformance with all applicable mitigation measures identified in the associated EIS or other SEPA documents. 6. Adequate public services and facilities necessary to accommodate the proposed use and density are or will be made available. 7. The site is physically suitable for the type of development and for the intensity of development proposed. 8. Approval of the application will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties and public facilities. 9. Substantial conformance with the criteria contained in the Tukwila South Design Manual for commercial development, the Tukwila South Residential Design Guidelines, or other Design Manual as stipulated by TMC 18.60. 10. Substantial conformance with the Master Open Space and Trails Plan, if applicable. F. Upon completion of the City's review, the Director shall approve, approve with conditions or deny the application, as follows: 1. If the Director finds the application meets the applicable criteria and is consistent with the approved Master Plan for that area of the Tukwila South Overlay district, the Director shall approve the proposal. 2. Approve with Conditions: If the Director finds the application does not adequately address one or more of the applicable criteria, but is consistent with the approved Master Plan for the Tukwila South Overlay district, and there is a reasonable basis for conditions, the Director may approve the application with conditions. The intent of such conditions is that they mitigate an impact consistent with the intent of the applicable criterion. Conditions of approval may include, but are not necessarily limited to, the relocation or modification of the proposed structures, additional landscaping, buffering, screening, relocation of access, or other measures necessary to mitigate any impact or reduce hazards. The Director shall specify when the conditions shall be met. 3. Denial: If the Director finds the application does not meet applicable criteria and reasonable conditions cannot be found to mitigate the impact or reduce hazards, the Director shall deny the application as proposed. The Director's decision must specify the reasons for the denial based upon the review criteria. (Ord, 2661 §1, 2021, Ord. 2580 §3 2018 Ord, 2235 00 (part), 2009) Produced by the City of Tukwila, City Clerk's Office Page TITLE 18 — ZONING 18.41.090 Basic Development Standards A. Residential Uses. 1. Residential use development on all lands within the TSO shall conform to the development standards set forth in TMC 18.41.090.A and the Tukwila South Residential Design Guidelines. Modifications to these standards are available pursuant to TMC 18.41.100, "Modifications to Development Standards through Design Review." 2. The development standards herein are based on the height of new residential buildings. Specifically: a. Buildings three stories or less are subject to townhouse and low-rise standards. b. Buildings between four to seven stories are subject to mid -rise standards. c. Buildings eight stories or taller are subject to high- rise standards. d. For buildings with a varying number of stories, the tallest number of stories shall determine which set of standards apply. Table 18.41.090 Tukwila South Overlay Residential Development Standards Standard TSO Townhouses & Low-rise (3 stories or less) TSO Mid -rise (4-7 stories) TSO High-rise (8 or more stories) Setbacks/yards, minimum (feet) Front1 Arterial streets 15 15 15 All other streets 10 10 10 Side2 Up to 3rd story 5 53 53 4t" story and above n/a 154 154 Rear3 Up to 3rd story 5 53 53 4t" story and above n/a 154 154 1 In the event modification is pursued under TMC 18.41.100, front setbacks may be reduced to no less than 5 feet. 2 Structures or portions of structures containing multi -family dwelling units that have solar access only from a side or rear setback -facing window(s) must be set back at least 15 feet from side and rear property lines. Structures must also maintain at least 15 feet of separation from adjacent structure elevations that provide the only solar access for a mufti -family dwelling unit. See the Tukwila South Residential Guidelines for a graphic example. 3 When adjacent to a townhouse, the minimum setback is 15 feet. 4 When adjacent to a townhouse, the setback for portions of a structure taller than 35 feet must increase by 1 foot for each additional 1 foot in building height. Building height, maximum (feet) Building Height 45 85 125 Standard TSO Townhouses &Low-rise (3 stories or Tess) TSO Mid -rise (4-7 stories) TSO High-rise (8 or more stories) Outdoor lighting height maximum (feet)'; Light poles in parking areas 20 20 20 Light poles along pedestrian walkways, trails, plazas, building entries, and other pedestrian -oriented areas 12 12 12 Building wall -mounted lighting 15 15 15 Building mounted lights fully recessed into the underside of a ceiling, soffit, or overhang No limit No limit No limit Building length, maximum (feet) Maximum building length 200 200 200 Recreation space per unit, minimum square footage (see TMC 18.41.090.3 for more information)7, Recreation space Residential development must provide on -sites and off-site) recreation space at the following standard: , 200 square feet total. o 75 square feet per unit, on-site. o 125 square feet per unit, off-site. 7 Senior citizen housing must provide 100 square feet of recreation space per unit. 8 Developments with 10 or more dwelling units must provide a children's play area in the on-site recreation space. A children's play area is not required for senior citizen housing or if the proposed structure or related development project is within 1/4 mile, measured along constructed sidewalks and/or trails of the perimeter, of a recreation facility for children that is open to residents of the proposed structure. 9 Recreation area provided on-site must be functional space for active and passive recreation purposes and located within the same parcel or tract as the proposed development. 19 The Director may approve the required off-site recreation area to be located on-site provided that the recreation space meets the design guidelines set forth in this chapter. If off-site recreation space is approved to be located on-site, that space must be active outdoor recreation space. Parking spaces per dwelling unit, minimum Studio 1 1 1 1 -bedroom 1 1 1 2 -bedroom 1.5 1.5 1.5 3 -bedroom 2 2 2 Produce the City of Tukwila, City Clerk's Office Page 18-92 TITLE 18 — ZONING 3. Off -Site Recreational Area Requirements. The following requirements would apply to Off -Site Recreational Areas within the TSO district: a. Off Site Recreational Area Conditions: (1) Off-site recreation areas must be accessible within 1/4 mile for a children's play area up to 1/2 mile for all other offsite recreation areas as measured from the closest structure containing residential units; accessory buildings such as fitness centers, parking garages, utility structures, etc. will not qualify. Off-site recreation space located up to 1 mile from a structure containing residential units as measured along existing or future sidewalks and trails shall be credited toward meeting the offsite recreation space requirement. (2) A recreation area constructed in fulfilment of this requirement should be designed to serve the neighborhood in which it is located. The space may be privately -owned, provided residents living in the area have access. New improvements must be located adjacent to, and highly visible from, a street (public or private) or public trail. The facilities to be located will be approved by the Director during the design review and/or platting process. b. Minimum Off -Site Recreational Area Design: Minimum size requirements apply: 1/ 4 acre of usable off-site recreation space must be provided to meet the standard. This qualifies as the minimum size for an off-site recreation area. Off- site recreational areas must be designed and sized to accommodate a combination of active and passive recreational facilities. Examples of qualifying facilities: (1) Children's play equipment (2) Picnic areas and/or tables (3) Benches (4) Pea patch/other specialized community garden active recreation (5) Grass fields/areas of suitable size for (6) Sport courts (7) on private property (8) Other amenities the Director determines meet the goal of providing active or passive recreation opportunities c. Larger Off -Site Recreational Areas: (1) Any offsite recreation area developed in excess of the offsite recreation area requirement for a given development, regardless of their size and subject to the 1/4 -acre size minimum, may be banked toward future development for an indefinite period. (2) Should a larger, consolidated recreation area of 2.0 acres or more be provided, the improvements can be used to fulfill current development proposal requirements. See "Timing of Recreation Space Provision" below for more information. Trails and associated landscaped corridors (3) If a project constructs a recreation area of less than 2.0 acres but greater than a development's required offsite recreation amount, the area developed in excess may be banked only if the offsite recreation area is constructed at the same time as the residential project. (4) To qualify, the proposed recreation area must be located adjacent to, and highly visible from, a street (public or private) or trail and provide a range of active and passive recreational opportunities (as outlined in this Chapter) for multiple ages and physical abilities. Only those areas that are usable may count towards the off-site recreation space requirement. The following areas are excluded: parking lots, utility sheds, inaccessible natural/planted areas, any landscaped area required by code, and unimproved steep slopes as defined in TMC 18.45.120. (5) Larger off-site recreational areas are typically characterized by recreational activities that serve a range of individuals and groups, such as field games, court games, craft areas, playground apparatus, picnicking, and space for quiet/passive activities. Neighborhood recreation areas may contain active recreational facilities such as softball, basketball, volleyball, handball, tennis, children's play structures, trails, and grass areas for activities and/or picnic facilities. d. Timing of Recreation Space Provision: Construction of off-site recreation space must meet the following timelines. (1) For sites under 2.0 acres in area, the off- site recreation space must be constructed and receive final construction permit approval prior to the issuance of certificate of occupancies for any project receiving credit for the off-site recreation space. (2) For sites equal to or in excess of 2.0 acres, the City will permit delayed construction of the off-site recreation space as follows: (a) Construction permits must be applied for within two years of the associated residential project(s) using such off-site recreation space to satisfy their recreation space requirement and receiving certificate(s) of occupancy. Provided: i. A financial guarantee (bond, assignment of account, irrevocable standby letter of credit, or cash), acceptable to the Director, in an amount necessary to complete the off-site recreation improvements is provided to the City. ii. The owner of the property for the off-site recreation area has provided an appropriate legal mechanism acceptable to the City to access the identified off-site recreation area, such as an easement, at no cost, and to construct the off-site recreation space improvements in the event that the applicant and/or property owner have not completed the improvements within the prescribed timelines. iii. The requirements in TMC 18.41.090.A.3.d.(a).i and ii are not required if the permits for off- site recreation space have received final approval by the City. Produced by the City of Tukwila, City Clerk's Office Page t8— 93 TITLE 18 — ZONING (3) No additional residential projects within the 1/2 mile radius of the deferred off-site recreation area will be allowed to move forward with construction until such off-site recreation space construction has been completed. (4) Construction of the off-site recreation improvements must be completed within a timely manner from permit approvals. If adequate provisions, as determined by the Director, cannot be put in place to ensure the future construction of the off-site recreation space, then the space shall be constructed prior to the issuance of any certificate of occupancy for any developments using the off-site area to meet recreational space requirements. e. Sensitive Area Tracts: Off-site recreation space credit can be given for any trails, lookouts, or other passive recreation activities constructed within sensitive area tracts, subject to compliance with the City's Sensitive Area Master Plan for Tukwila South and the City's Environmental Areas Ordinance. The sensitive areas tracts would need to meet the locational requirements outlined in this Chapter (1/2 mile from closest perimeter of a residential project). Only the areas of improvement within a sensitive area tract would count towards the recreation space requirement, not the entire tract. 4. Performance Standards: Use, activity, and operations within a structure or a site shall comply with: (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants; (2) TMC 8.22, "Noise"; and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. B. Connectivity and Circulation Guidelines. 1. Any development with a residential component shall front a roadway that meets City approved public or private street standards. 2. Access to development sites needs to include provisions for non -motorized circulation, including dedicated pedestrian access that separates pedestrians from motorized traffic via curb and/or landscaped planter strip. Development along public rights-of-way should not preclude bus stops and bike infrastructure. Private street development, contained within tracts or easements, may be required to include shared and/or dedicated bike lanes, on -street parking, and/or drop-off/loading zones. 3. Existing curb cuts from Southcenter Parkway and South 200th Street are to be used for access to the adjacent development sites and to extend private streets, contained within tracts or easements. If no curb cut exists along an existing road fronting a development site, City of Tukwila Public Works may review and approve new curb cut location(s) along such street frontage, subject to intersection spacing and site distance standards. 4. New streets are encouraged to connect to adjacent parcels at an interval no greater than 700 feet. Where nearby parcels and associated private streets have already been developed, proposed private streets, whether in tracts or easements, shall align and connect. 5. Future block development is encouraged to create a maximum block perimeter 2,000 linear feet. The block will be defined with a minimum of two vehicle through connections. The remaining two sides of the block may be pedestrian/bicycle connections only or could accommodate vehicle traffic; see example below. 6. Permanent dead-end streets should be avoided, if possible. 7. All developments must meet minimum Fire Department and Public Works Department access and grade requirements including, but not limited to, minimum street clearance, turning radii, and turnaround design. 8. The Director may provide exceptions to these guidelines in the event they are unable to be adhered to due to physical/topographical constraints, the creation of an unusable parcel(s) of land, or an inability to fulfill the requirements without significantly interfering with the proposed function(s) of the development given that the overall intent of the guidelines is still fulfilled. BLOCK EXAMPLE: Produce the City of Tukwila, City Clerk's Office Page 18-94 TITLE 18 — ZONING C. Non -Residential Uses. All non-residential use development on all lands within the TSO shall conform to the development standards set forth in TMC 18.41.090.C. Modifications to these standards are available pursuant to TMC 18.41.100, "Modifications to Development Standards through Design Review. If Lot N/A Setbacks: Front — adjacent to a public street 15 feet* Second Front — adjacent to a public street 15 feet* Sides None`; increased to 10 feet if adjacent to residential use or non -TSO zoned property Rear None`; increased to 10 feet if adjacent to residential use or non -TSO zoned property Height 125 feet Landscaping: Fronts — adjacent to a public street 15 feet Side None; increased to 10 feet if adjacent to residential use or non -TSO zoned property Rear None; increased to 10 feet if adjacent to residential use or non -TSO zoned property Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for requirements Off-street parking: See TMC 18.56 *Subject to modification to meet Fire Department Access Requirements (Ord, 2678 §10, 2022; Ord. 2661 §2, 2021; Ord, 2580 §4, 2018; Ora. 2235 §10 (part), 2009) 18.41.100 Modifications to Development Standards through Design Review A. An applicant may request a modification to the Basic Development Standards established by TMC 18.41.090 as part of a design review application. The applicant shall submit a written description of the proposed modification and address the decision criteria stated in TMC 18.41.100.B; the Director may condition the approval of a modification request when such conditions are necessary to achieve conformity with these decision criteria. B. The Director may grant modifications to the Basic Development Standards established by TMC 18.41.090 for individual cases provided that, for development of a residential use, the Director shall find that either the modification is allowed because it results in a more thoughtful urban design for the project consistent with the Tukwila South Residential Design Guidelines, or that all five criteria below are met and, for development of a non- residential use, the Director shall find that all five criteria below are met: 1. The modification is required due to unique circumstances related to the subject property that create significant practical difficulties for development and use otherwise allowed by this code; 2. The modification conforms to the intent and purpose of the Tukwila South Master Plan, any applicable development agreements, and this code; 3. The modification will not be injurious to other property(s) in the vicinity; 4. The modification will not compromise the current or reasonably anticipated provision of circulation, access, utility service or any other public service; and 5. An approved modification shall be the minimum necessary to ameliorate the identified practical difficulties giving rise to the request. (Ord, 26b1 §3, 2021; Ord 2235 §10 (part), 2009) Produced by the City of Tukwila, City Clerk's Office Page ° —95 TITLE 18 — ZONING 18.41.110 Final Site Plan A. Within 90 days of the approval by the Director, final plans shall be prepared and filed with the City. These plans shall include all required modifications and applicable conditions contained in the Director's Notice of Decision. B. The final plans are not required to be recorded unless there is an associated land division application, such as a binding site plan or subdivision. (Ord, 2235 §10 (part), 2809) 18.41.120 Performance Guarantee The Building Official may not issue a Certificate of Occupancy until all improvements included in the approved plans have been installed and approved, with the following exceptions: 1. A performance guarantee has been posted for the improvements not yet completed. 2. The phasing of improvements has been accounted for in an associated Binding Site Plan, infrastructure phasing agreement, a condition of approval, or a development agreement. (Ord, 2235 §10 (part), 2009) CHAPTER 18.42 PUBLIC RECREATION OVERLAY DISTRICT Sections: 18.42.010 Purpose 18.42.020 Land Uses Allowed 18.42.030 Basic Development Standards 18.42.010 Purpose This district implements the Public Recreation Comprehensive Plan designation, which is intended to reserve certain areas owned or controlled by a public or quasi -public agency for either passive or active public recreation use. As an overlay district, the PRO District may be combined with any other district established by this Title, and the provisions of this chapter shall be in addition to the provision for the underlying district. Ord, 1758 §1 (part), 1995) 18.42.020 Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." (Ord, 2500 §2, 2016; Ord, 1758 §1 (pat), 1995) 18.42.030 Basic Development Standards Development standards for the PRO District shall be as specified by TMC 18 for the underlying district. However, when the underlying district is the LDR (Low -Density Residential) District, structures may be granted a height bonus of one additional foot of height for every four feet of excess setback (i.e., setback over and above the LDR minimum standard), up to a maximum height of 50 feet. Ancillary facilities customarily installed in conjunction with a permitted recreational use, including light standards and safety netting, shall not be subject to the height restrictions of the underlying district. Structures for which a height bonus is requested and any ancillary facilities taller than the underlying height restrictions shall be subject to Design Review approval under the "Commercial and Light Industrial Design Review Criteria" provisions of TMC 18.60. (Ord, 2020 w1, 20€03, Ord, 1758 §1 (part), 1995) Produce the City of Tukwila, City Clerk's Office Page 18-96 TITLE 18 — ZONING CHAPTER 18.43 URBAN RENEWAL OVERLAY DISTRICT Sections: 18.43.010 Purpose 18.43.020 Principally Permitted Uses 18.43.030 18.43.040 18.43.050 18.43.060 18.43.070 18.43.080 Accessory Uses Height, Yard and Area Regulations Parking Regulations Application Regulations Specific Urban Renewal Overlay Development Standards and Criteria Basic Development Standards 18.43.010 Purpose This chapter implements the Urban Renewal Overlay District, which applies the adopted Tukwila International Boulevard Revitalization and Urban Renewal Plan. The intent is to promote community redevelopment and revitalization, and to encourage investment that supports well-designed, compact, transit -oriented and pedestrian -friendly residential and business developments to activate the community along Tukwila International Boulevard. Urban Renewal Overlay District Boundaries are shown in (Figure 18-15.) This overlay may be applied in combination with the Commercial Redevelopment Areas procedures as described in TMC 18.60.060. (Orad, 2257 §9 (part), 2009) 18.43.020 Principally Permitted Uses The Urban Renewal Overlay District is an overlay zone which allows the uses permitted in the underlying zoning district, while being consistent with all additional requirements of this chapter. In addition, larger scale multi -family buildings are permitted in the LDR and MDR districts within the Urban Renewal Overlay District. (Ord', 2257 §9 (part), 2009 18.43.030 Accessory Uses The Urban Renewal Overlay District is an overlay zone which allows the accessory uses permitted in the underlying zone district, while being consistent with all additional requirements of this chapter. (Or(n 2257 §9 (part), 2809) 18.43.040 Height, Yard and Area Regulations All setbacks shall be as provided in the underlying zoning district, except as may otherwise be specified in this chapter. (Ord. 2257 §9 (part), 2009) 18.43.050 Parking Regulations Parking shall be required as specified in TMC 18.56, except as may otherwise be specified by this chapter. (Ord, 2257 §9 (part), 2009) 18.43.060 Application Regulations Property located within the Urban Renewal Overlay District is identified on the official Zoning Map, as well as in TMC 18, Figure 18.15, and is subject both to its zone classification regulations and to additional requirements imposed for the overlay district. The overlay district provisions shall apply in any case where the provisions of the overlay district conflict with the provisions of the underlying zone. (Ord, 2257 §9 (part), 2809) 18.43.070 Specific Urban Renewal Overlay Develop- ment Standards and Criteria A. The Urban Renewal Overlay District's supplemental development standards are as follows, provided certain criteria are met: 1. Building heights shall be permitted up to 65 feet; 2. Existing Neighborhood Commercial Center (NCC) setback standards shall be followed per TMC 18.22.080 as amended. (See Urban Renewal Basic Development Standards.) 3. Multi -family parking standards shall be one parking space per each dwelling unit that contains up to one bedroom, plus 0.5 spaces for every bedroom in excess of one bedroom in a dwelling unit. 4. The maximum number of dwelling units shall be determined by the building envelope, rather than a numeric density. The developer shall determine the unit mix with the limitation that studio units contain an average size of at least 500 square feet of interior floor space with no units smaller than 450 square feet and allow no more than 40% of the dwelling units to be studios. 5. Allow live/work space on the ground floor to meet the NCC requirement for ground floor retail or office space if the live/work space is built to commercial building code standards with a typical retail storefront appearance. 6. Allow ground floor residential uses in the NCC zone in buildings or portions of buildings that do not front on an arterial. B. The Urban Renewal Overlay District's development standards apply if the owner/developer requests, and if all the following criteria are met: 1. At least 100 feet of the development parcel's perimeter fronts on Tukwila International Boulevard. 2. 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. 3. The ground floor along Tukwila International Boulevard must contain active uses (except for the width of the garage access) when site conditions allow. Active uses comprise uses such as retail, restaurant, office, live -work or other uses of a similar nature that encourage pedestrian activity, and feature a combination of design and amenities to create a sense in interest with features such as doors, windows, clear glass display windows, wide sidewalks, etc. Produced by the City of Tukwila, City Clerk's Office Page .-97 TITLE 18 — ZONING 4. Development must provide amenities such as some of the following to enable a high-quality pedestrian experience, including retail windows, pedestrian scale design along sidewalks, wide sidewalks, pedestrian access through site, benches, art, landscaping and lighting, quality of materials, and street furniture. 5. The property owner/manager shall prepare a Transportation Management Plan to encourage alternatives to automobile use, and that provides each residential and commercial tenant with materials that may range from offering information about transit and bicycle options to providing transit tickets and passes. 6. Residential development shall provide opportunities for tenants to use a car -sharing program and make one space available at no charge to a car -sharing program (if available) for every 50 to 200 residential units on site. An additional space shall be provided for developments with over 200 units. 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. 7. One secure, covered, ground -level bicycle parking space shall be provided for every four residential units in a mixed- use or multi -family development. (Ord, 2 257 S9 (pare, 2009) 18.43.080 Basic Development Standards A. If requested by the developer and if the specific re- quirements and criteria of TMC 18.43.070a and 18.43.070b are met, development within the Urban Renewal Overlay District shall conform to the following listed and referenced standards. B. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.020). Certain setback and landscaping standards may be waived by the Director of Community Development when an applicant can demonstrate that: (i) shared parking is provided, or (ii) the number of driveways is reduced, or (iii) efficiency of the site is increased, or (iv) joint use of parking facilities is allowed, or (v) pedestrian space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions.) Urban Renewal Overlay Basic Development Standards Unit density The maximum number of dwelling units to be determined by the building envelope as in the NCC zone, rather than a numeric density. Unit size and maximum percentage for studio dwellings The developer shall determine the unit mix with the limitation that the studio units contain an average size of at least 500 square feet of interior floor space with no units smaller than 450 square feet and allow no more than 40% of the dwelling units to be studios. Setbacks to yards, minimum (unless noted) Front 6 feet (12 feet if located along Tukwila International Boulevard South) Front if any portion of the yard is adjacent to, or across the street from, LDR zoning that is developed with a single-family dwelling and that is outside of the Urban Renewal Overlay District 1st floor -10 ft. min/max 2nd floor -10 ft. to 30 ft. 3rd floor and higher - 30 ft. Note: Buildings over two floors must have at least one tier. To achieve tiers, setbacks will be both minimum and maximum Second front, if any portion of the yard is within 50 feet of MDR, HDR 1st floor -10 feet 2nd floor and above 20 feet Second front 5 feet Front Second front, if any portion of the yard is adjacent to, or across the street from, LDR zoning that is developed with a single-family dwelling and that is outside of the Urban Renewal Overlay District 1st floor -10 ft. min/max 2nd floor -10 ft. to 30 ft. 3rd floor and higher - 30 ft. Note: Buildings over two floors must have at least one tier. To achieve tiers, setbacks will be both minimum and maximum Second front, if any portion of the yard is within 50 feet of MDR, HDR 1st floor -10 feet 2nd floor and above 20 feet Sides 10 feet Sides, if any portion of the yard is adjacent to, or across the street from, LDR zoning that is developed with a single-family dwelling and that is outside of the Urban Renewal Overlay District 1st floor -10 ft. min/max 2nd floor -10 ft. to 30 ft. 3rd floor and higher - 30 ft. Note: Buildings over two floors must have at least one tier. To achieve tiers, setbacks will be both minimum and maximum Sides, if any portion of the yard is within 50 feet of MDR, HDR 1st floor -10 feet 2nd floor - 20 feet 3rd floor and higher - 20 feet Rear, if any portion of the yard is adjacent to, or across the street from, LDR zoning that is developed with a single-family dwelling and that is outside of the Urban Renewal Overlay District 1st floor -10 feet min/max 2nd floor -10 to 30 feet 3rd floor and higher - 30 feet Note: Buildings over two floors must have at least one tier. To achieve tiers, setbacks will be both minimum and maximum Produce the City of Tukwila, City Clerk's Office Page 18-98 TITLE 18 - ZONING Rear, if any portion of the yard is within 50 feet of, MDR, HDR 1St floor -10 feet 2nd floor and above - 20 feet Height, maximum — 65 feet (if all criteria are met) Landscape requirements (minimum): See Landscape requirements of specific see Landscape, Recreation, Recycling/Solid requirements chapter for further requirements underlying zone. Also Waste Space Front(s) All building setback areas must be landscaped or developed with pedestrian improvements per the width of the setback, rather than the landscape standards of the underlying zone. Front if any portion of the yard is adjacent to, or across the street from, LDR zoning that is developed with a single-family dwelling and that is outside of the Urban Renewal Overlay District All building setback areas must be landscaped or developed with pedestrian improvements per the width of the setback, rather than the landscape standards of the underlying zone. Front(s), if any portion of the yard is within 50 feet of MDR, HDR All building setback areas shall be landscaped or developed with pedestrian improvements per the width of the setback, rather than the landscape standards of the underlying zone. Sides None Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Rear None Rear, if any portion of the yard is within 50 feet of MDR, HDR 10 feet Recreation space See underlying zoning Recreation space, senior citizen housing See underlying zoning Off-street parking: Residential (except senior citizen One automobile parking space housing) per each dwelling unit that contains up to one bedroom plus 0.5 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 units on site. An additional space shall be provided for developments with over 200 units. 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. Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22 "Noise" and (3) adopted State and Federal standards for water quality and hazardous materials. In addition all development subject to the requirements of the State Environmental Policy Act, RCW 43.21.0 shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (Ord. 2257 §9 , 2009) Produced by the City of Tukwila, City Clerk's Office Page :-99 TITLE 18 — ZONING Sections: 18.44.010 18.44.020 18.44.030 18.44.040 18.44.050 18.44.060 18.44.070 18.44.080 18.44.090 18.44.100 18.44.110 18.44.120 18.44.130 18.44.140 CHAPTER 18.44 SHORELINE OVERLAY Purpose and Applicability Shoreline Environment Designations Principally Permitted Uses and Shoreline Use and Modification Matrix Shoreline Buffers Development Standards Vegetation Protection and Landscaping Environmentally Critical Areas within the Shoreline Jurisdiction Public Access to the Shoreline Shoreline Design Guidelines Shoreline Restoration Administration Appeals Enforcement and Penalties Liability 18.44.010 Purpose and Applicability A. The purpose of this chapter is to implement the Shoreline Management Act of 1971, as amended, and the rules and regulations thereunder as codified in the Washington Administrative Code; and to provide for the regulation of development that affects those areas of the City under the jurisdiction of the Shoreline Management Act. In particular, the purpose of this chapter is to: 1. Recognize and protect shorelines of State-wide significance; 2. Preserve the natural character of the shoreline; 3. Protect the resources and ecology of the shoreline; 4. Increase public access to publicly -owned areas of the shoreline; 5. Increase recreational opportunities for the public in the shoreline: 6. Protect and create critical Chinook salmon habitat in the Transition Zone of the Green River. B. Applicability of Amended Zoning Code. After the effective date of this ordinance, TMC 18.44, as hereby amended, shall apply to all properties subject to the shoreline overlay, provided that nothing contained herein shall be deemed to override any vested rights or require any alteration of a non -conforming use or non -conforming structure, except as specifically provided in TMC 18.44. C. Pursuant to WAC 173-26-191 (2)(c), this chapter, together with the Shoreline Element of the Comprehensive Plan, constitutes the City of Tukwila's Shoreline Master Program. Any modifications to these documents will be processed as a Shoreline Master Program Amendment and require approval by the Department of Ecology. (Ord. 2627 §16, 2020) 18.44.020 Shoreline Environment Designations All shoreline within the City is designated "urban" and further identified as follows: 1. Shoreline Residential Environment. All lands zoned for residential use as measured 200 feet landward from the Ordinary High Water Mark (OHWM). 2. Urban Conservancy Environment. All lands not zoned for residential use upstream from the Turning Basin as measured 200 feet landward from the OHWM. 3. High Intensity Environment. All lands downstream from the Turning Basin as measured 200 feet landward from the OHWM. 4. Aquatic Environment. All water bodies within the City limits and its potential annexation areas under the jurisdiction of the Shoreline Management Act waterward of the Ordinary High Water Mark. The Aquatic Environment includes the water surface together with the underlying lands and the water column. (Ord. 2627 §17, 2020) 18.44.030 Principally Permitted Uses and Shoreline Use and Modification Matrix A. TMC 18.44.030.A, including the Use Matrix (Figure 18- 1), specifies the uses that are permitted outright, permitted as a Conditional Use or prohibited altogether for each Shoreline Environment. Also included are special conditions and general requirements controlling specific uses. These regulations are intended to implement the purpose of each Shoreline Environment designation. B. In the matrix, shoreline environments are listed at the top of each column and the specific uses are listed along the left-hand side of each horizontal row. The cell at the intersection of a column and a row indicates whether a use may be allowed in a specific shoreline environment and whether additional use criteria apply. The matrix shall be interpreted as follows: 1. If the letter "P" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment if the underlying zoning also allows the use. Shoreline (SDP, CUP and Variance) permits may be required. 2. If the letter "C" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment subject to the shoreline conditional use review and approval procedures specified in TMC 18.44.110.E. 3. If the letter "X" appears in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment. Produce `• T' the City of Tukwila, City Clerk's Office Page 18-100 TITLE 18 — ZONING C. In addition to the matrix, the following general use requirements also apply to all development within the shoreline jurisdiction. Additional requirements controlling specific uses are set forth for each Shoreline Environment designation, to implement the purpose of the respective Shoreline Environment designations. 1. The first priority for City -owned property, other than right-of-way, within the shoreline jurisdiction shall be reserved for water -dependent uses including but not limited to habitat restoration, followed by water -enjoyment uses, public access, passive recreation, passive open space uses, or public educational purposes. 2. No hazardous waste handling, processing or storage is allowed within the SMA shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline environment and adequate controls are in place to prevent any releases to the shoreline/river. 3. Overwater structures, shall not cause a net loss of ecological function, interfere with navigation or flood management, or present potential hazards to downstream properties or facilities. They shall comply with the standards in the Overwater Structures Section of TMC 18.44.050.K. 4. Parking as a primary use is not permitted, except for existing Park and Ride lots, where adequate stormwater collection and treatment is in place to protect water quality. Parking is permitted only as an accessory to a permitted or conditional use in the shoreline jurisdiction. 5. All development, activities or uses, unless it is an approved overwater, flood management structure or shoreline restoration project, shall be prohibited waterward of the OHWM. SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X = Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non- Buffer Buffer Non- Buffer Buffer Non - Buffer AGRICULTURE Farming and farm -related activities X X X P X X X Aquaculture X X X X X X X COMMERCIAL (1) General X X X P X P (2) P (3) Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) X X X C X C (2) X Contractors storage yards X X X C X C (2) X Water -oriented uses C P C P C P C Water -dependent uses P (4) P (5) P (4) P P (4) P P Storage P (6) P (5) P (6) P P (6) P X CIVIC/INSTITUTIONAL General X P X P X P X DREDGING Dredging for remediation of contaminated substances C (7) NA C (7) NA C (7) NA C (7) Dredging for maintenance of established navigational channel NA NA NA NA NA NA P (8) Other dredging for navigation NA NA NA NA NA NA C (9) Dredge material disposal X X X X X X X Dredging for fill NA NA NA NA NA NA X ESSENTIAL PUBLIC FACILITY (WATER DEPENDENT) P P P P P P P ESSENTIAL PUBLIC FACILITY (NONWATER DEPENDENT) (10) C C C C C C C FENCES P (11) P C (11) P C (11) P X FILL General C (12) P C (12) P C (12) P C (12) Fill for remediation, flood hazard reduction or ecological restoration P (13) P P (13) P P (13) P P (13) Produced by the City of Tukwila, City Clerk's Office Page ' : '' 0 TITLE 18 - ZONING P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X = Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non- Buffer Buffer Non- Buffer Buffer Non - Buffer FLOOD HAZARD MANAGEMENT Flood hazard reduction (14) P P P P P P P Shoreline stabilization (15) P P P P P P P INDUSTRIAL (16) General X X P (3) P P (3) P (2) P (3) Animal rendering X X X C X X X Cement manufacturing X X X C X C (2) X Hazardous substance processing and handling & hazardous waste treatment and storage facilities (on or off-site) (17) X X X X X X X Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials X X X C X C (2) X Salvage and wrecking operations X X X C X C (2) X Tow -truck operations, subject to all additional State and local regulations X X X C X P (2) X Truck terminals X X X P X P (2) X Water -oriented uses X X C P C P C Water -dependent uses (17) X X P (4) P P (4) P P MINING General X X X X X X X OVERWATER STRUCTURES (18) Piers, docks, and other overwater structures P (19) NA P (20) NA P (20) NA P (20,21) Vehicle bridges (public) P (31,4) P (31) P (31,4) P (31) P (31,4) P (31) P (31) Vehicle bridge (private) C C C C C C C Public pedestrian bridges P P P P P P P PARKING — ACCESSORY Parking areas limited to the minimum necessary to support permitted or conditional uses X P (5) X P X P X RECREATION Recreation facilities (commercial -indoor) X X X P X P (22) X Recreation facilities (commercial — outdoor) X X C (23,24) C (24) C (23,24) C (24) X Recreation facilities, including boat launching (public) P (23) P P (23,24,25) C P (23,25) P P (3) Public and private promenades, footpaths, or trails P P P (26) P P (26) P X RESIDENTIAL— SINGLE FAMILYJMULTI-FA MILY Dwelling X (27) P X P X X X Houseboats X X X X X X X Live-aboards X X X X X X P (21,28) Patios and decks P (29) P P (29) P P P X Signs (30) P P P P P P X Shoreline Restoration P P P P P P P TRANSPORTATION General C C C C C C C (3) Park & ride lots X X X C (9) X C (9) X Levee maintenance roads P (32) P (32) P (32) P (32) P (32) P (32) NA Railroad X P X X X X X Produce 'bjr the City of Tukwila, City Clerk's Office Page 18-102 TITLE 18 - ZONING P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X = Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non- Buffer Buffer Non- Buffer Buffer Non - Buffer UTILITIES General (10) P (4) P P (4) P P (4) P C Provision, distribution, collection, transmission, or disposal of refuse X X X X X X X Hydroelectric and private utility power generating plants X X X X X X X Wireless towers X X X X X X X Support facilities, such as outfalls P (33) P P (33) P P (33) P C (33) Regional detention facilities X X P (34) P (34) P (34) P (34) X USES NOT SPECIFIED C C C C C C C * This matrix is a summary. Individual notes modify standards in this matrix. Permitted or conditional uses listed herein may also require a shoreline substantial development permit and other permits. (1) Commercial uses mean those uses that are involved in wholesale, retail, service and business trade. Examples include office, restaurants, brew pubs, medical, dental and veterinary clinics, hotels, retail sales, hotel/motels, and warehousing. (2) Nonwater-oriented uses may be allowed as a permitted use where the City determines that water -dependent or water -enjoyment use of the shoreline is not feasible due to the configuration of the shoreline and water body. (3) Permitted only if water dependent. (4) Structures greater than 35 feet tall require a conditional use permit. (5) Permitted if located to the most upland portion of the property and adequately screened and/or landscaped in accordance with the Vegetation Protection and Landscaping section. (6) Outdoor storage within the shoreline buffer is only permitted in conjunction with a water -dependent use. (7) Conditionally allowed when in compliance with all federal and state regulations. (8) Maintenance dredging of established navigation channels and basins is restricted to maintaining previously dredged and/or existing authorized location, depth and width. (9) Conditionally allowed when significant ecological impacts are minimized and mitigation is provided. (10) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative to locating the use within shoreline jurisdiction. (11) The maximum height of the fence along the shoreline shall not exceed four feet in residential areas or six feet in commercial areas where there is a demonstrated need to ensure public safety and security of property. The fence shall not extend waterward beyond the top of the bank. Chain-link fences must be vinyl coated. (12) Fill minimally necessary to support water -dependent uses, public access, or for the alteration or expansion of a transportation facility of statewide significance currently located on the shoreline when it is demonstrated that alternatives to fill are not feasible is conditionally allowed. (13) Landfill as part of an approved remediation plan for the purpose of capping contaminated sediments is permitted. (14) Any new or redeveloped levee shall meet the applicable levee requirements of this chapter. (15) Permitted when consistent with TMC 18.44.050.F. (16) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling and/or storing of finished or semi -finished goods with supportive office and commercial uses. Examples include manufacturing processing and/or assembling such items as electrical or mechanical equipment, previously manufactured metals, chemicals, light metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously prepared materials; warehousing and wholesale distribution; sales and rental of heavy machinery and equipment; and internet data centers. (17) Subject to compliance with state siting criteria RCW 70.105 (See also Environmental Regulations, Section 9, SMP). (18) Permitted when associated with water -dependent uses, public access, recreation, flood control or channel management. (19) Permitted when the applicant has demonstrated a need for moorage and that the following alternatives have been investigated and are not available or feasible: (a) Commercial or marina moorage; (b) Floating moorage buoys; (c) Joint use moorage pier/dock. (20) Permitted if associated with water -dependent uses, public access, recreation, flood control, channel management or ecological restoration. (21) Boats may only be moored at a dock or marina. No boats may be moored on tidelands or in the river channel. (22) Limited to athletic or health clubs. (23) Recreation structures such as benches, tables, viewpoints, and picnic shelters are permitted in the buffer provided no such structure shall block views to the shoreline from adjacent properties. (24) Permitted only if water oriented. (25) Parks, recreation and open space facilities operated by public agencies and non-profit organizations are permitted. (26) Plaza connectors between buildings and levees, not exceeding the height of the levee, are permitted for the purpose of providing and enhancing pedestrian access along the river and for landscaping purposes. (27) Additional development may be allowed consistent with TMC 18.44.110.G.2.f. A shoreline conditional use permit is required for water oriented accessory structures that exceed the height limits of the Shoreline Residential Environment. (28) Permitted only in the Aquatic Environment and subject to the criteria in TMC 18.44.050.K.sd m . Produced by the City of Tukwila, City Clerk's Office Page 03 TITLE 18 — ZONING (29) Patios and decks are permitted within the shoreline buffer so long as they do not exceed 18 inches in height and are limited to a maximum of 200 square feet and 50% of the width of the river frontage, whichever is smaller. Decks or patios must be located landward of the top of the bank and be constructed to be pervious and of environmentally -friendly materials. If a deck or patio will have an environmental impact in the shoreline buffer, then commensurate mitigation shall be required. (30) Permitted when consistent with TMC 18.44.050.L. (31) Permitted only if connecting public rights-of-way. (32) May be co -located with fire lanes. (33) Allowed if they require a physical connection to the shoreline to provide their support function, provided they are located at or below grade and as far from the OHWM as technically feasible. (34) Regional detention facilities that meet the City's Infrastructure Design and Construction Standards along with their supporting elements such as ponds, piping, filter systems and outfalls vested as of the effective date of this program or if no feasible alternative location exists. Any regional detention facility located in the buffer shall be designed such that a fence is not required, planted with native vegetation, designed to blend with the surrounding environment, and provide design features that serve both public and private use, such as an access road that can also serve as a trail. The facility shall be designed to locate access roads and other impervious surfaces as far from the river as practical. 18.44.040 Shoreline Buffers Buffer widths. The following shoreline buffer widths apply in shoreline jurisdiction. Environment Buffer width (1)(2) Modification Shoreline Residential 50 feet OR the area (3) needed to achieve a slope no steeper than 2.5:1, measured from the toe of the bank to the top of the bank, plus 20 linear feet measured from the top of the bank landward, whichever is greater Urban Areas 100 feet (4) Conservancy without levees Areas with 125 feet (5) levees High Intensity 100 feet (4) Aquatic Not Applicable (1) Unless otherwise noted, all buffers are measured landward from the OHWM. (2) In any shoreline environment where an existing improved street or road runs parallel to the river through the buffer, the buffer ends on the river side of the edge of the improved right-of-way. (3) Removal of invasive species and replanting with native species of high habitat value is voluntary unless triggered by requirement for a Shoreline Substantial Development permit. (4) The Director may reduce the standard buffer on a case- by-case basis by up to 50% upon construction of the following cross section: (Ord, 2627 08, 2020) (a) Reslope bank from toe to be no steeper than 3:1 in the Urban Conservancy Environment or reslope bank from OHWM (not toe) to be no steeper than 3:1 in the High Intensity Environment, using bioengineering techniques; and (b) Minimum 20 -foot buffer landward from top of bank; and (c) Bank and remaining buffer to be planted with native species with high habitat value. Maximum slope is reduced due to measurement from OHWM and to recognize location in the Transition Zone where pronounced tidal influence makes work below OHWM difficult. Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not result in direct, indirect or long-term adverse impacts to the river. In all cases a buffer enhancement plan must also be approved and implemented as a condition of the reduction. The plan must include using a variety of native vegetation that improves the functional attributes of the buffer and provides additional protection for the shoreline ecological functions. (5) Upon reconstruction of levee to the levee standards of this chapter, the Director may reduce the buffer to actual width required for the levee. If fill is placed along the back slope of a new levee, the buffer may be reduced to the point where the ground plane intersects the back slope of the levee. If the property owner provides a levee maintenance easement landward from the landward toe of the levee or levee wall which: 1) meets the width required by the agency providing maintenance; 2) prohibits the construction of any structures; and 3) allows the City to access the area to inspect the levee and make any necessary repairs, then the Director may place that area outside of the shoreline buffer and allow incidental uses in the area, such as parking. (Ord, 2627 §19, 2020) Producehe City of Tukwila, City Clerk's Office Page 18-104 TITLE 18 — ZONING 18.44.050 Development Standards A. Applicability. The development standards of this chapter apply to work that meets the definition of substantial development except for vegetation removal per TMC 18.44.060, which applies to all shoreline development. The term "substantial development" applies to non -conforming, new or re -development. Non -conforming uses, structures, parking Tots and landscape areas, will be governed by the standards in TMC 18.44.110.G, "Non -Conforming Development." B. Shoreline Residential Development Standards. A shoreline substantial development permit is not required for construction within the Shoreline Residential Environment by an owner, lessee or contract purchaser of a single family residence for his/her own use or for the use of a family member. Such construction and all normal appurtenant structures must otherwise conform to this chapter. Short subdivisions and subdivisions are not exempt from obtaining a Shoreline Substantial Development Permit. 1. Shoreline Residential Environment Standards. The following standards apply to the Shoreline Residential Environment: a. The development standards of the applicable underlying zoning district shall apply. b. New development and uses must be sited so as to allow natural bank inclination of 3:1 slope with a 20 -foot setback from the top of the bank. The Director may require a Riverbank Analysis as part of any development proposal. c. Utilities such as pumps, pipes, etc., shall be suitably screened with native vegetation per the standards in the Vegetation Protection and Landscaping Section, TMC 18.44.060. d. New shoreline stabilization, repair of existing stabilization or modifications to the river bank must comply with the standards in the Shoreline Stabilization Section, TMC 18.44.050.F. e. Short plats of five to nine lots or formal subdivisions must be designed to provide public access to the river in accordance with the Public Access Section, TMC 18.44.080. Signage is required to identify the public access point(s). f. Parking facilities associated with single family residential development or public recreational facilities are subject to the specific performance standards set forth in the Off -Street Parking Section, TMC 18.44.050.1. g. Fences, freestanding walls or other structures normally accessory to residences must not block views of the river from adjacent residences or extend waterward beyond the top of the bank. Chain Zink fencing must be vinyl coated. h. Recreational structures permitted in the buffer must provide buffer mitigation. i. The outside edge of surface transportation facilities, such as railroad tracks, streets, or public transit shall be located no closer than 50 feet from the OHWM, except where the surface transportation facility is bridging the river. j. Except for bridges, approved above ground utility structures, and water -dependent uses and their structures, the maximum height for structures shall be 30 feet. For bridges, approved above ground utility structures, and water -dependent uses and their structures, the height limit shall be as demonstrated necessary to accomplish the structure's primary purpose. Bridges, approved above ground utility structures, and water -dependent uses and their structures greater than 35 feet in height require approval of a Shoreline Conditional Use Permit. 2. Design Review. Design review is required for non- residential development in the Shoreline Residential Environment. C. High Intensity, Urban Conservancy and Aquatic Environment Development Standards. 1. Standards. The following standards apply in the High Intensity, Urban Conservancy and Aquatic Environments. a. The development standards for the applicable underlying zoning district shall apply. b. All new development performed by public agencies, or new multi -family, commercial, or industrial development shall provide public access in accordance with the standards in the Public Access to the Shoreline Section, TMC 18.44.080. c. Development or re -development of properties in areas of the shoreline armored with revetments or other hard armoring other than levees, or with non -armored river banks, must comply with the Vegetation Protection and Landscaping Section, TMC 18.44.060. d. Any new shoreline stabilization or repairs to existing stabilization must comply with Shoreline Stabilization Section, TMC 18.44.050.F. e. Over -water structures shall be allowed only for water -dependent uses and the size limited to the minimum necessary to support the structure's intended use and shall result in no net loss to shoreline ecological function. Over -water structures must comply with the standards in the Over -water Structures Section, TMC 18.44.050.K. 2. Setbacks and Site Configuration. a. The yard setback adjacent to the river is the buffer width established for the applicable shoreline environment. b. A fishing pier, viewing platform or other outdoor feature that provides access to the shoreline is not required to meet a setback from the OHWM. 3. Height Restrictions. Except for bridges, approved above ground utility structures, and water -dependent uses and their structures, to preserve visual access to the shoreline and avoid massing of tall buildings within the shoreline jurisdiction, the maximum height for structures shall be as follows: a. 15 feet where located within the Shoreline Buffer; b. 65 feet between the outside landward edge of the Shoreline Buffer and 200 feet of the OHWM. c. 35 feet above average grade level on shorelines of the State that will obstruct the view of a substantial number of residences on areas adjoining such shorelines. For any building that is proposed to be greater than 35 feet in height in the shoreline jurisdiction, the development proponent must demonstrate the proposed building will not block the views of a substantial number of residences. The Director may approve a 15 foot increase in Produced by the City of Tukwila, City Clerk's Office Page 05 TITLE 18 — ZONING height for structures within the shoreline jurisdiction if the project proponent provides restoration and/or enhancement of the entire shoreline buffer, beyond what may otherwise be required including, but not limited to, paved areas no longer in use on the property in accordance with the standards of TMC 18.44.060, "Vegetation Protection and Landscaping." If the required buffer has already been restored, the project proponent may provide a 20% wider buffer, planted in accordance with TMC 18.44.060, "Vegetation Protection and Landscaping," in order to obtain the 15 -foot increase in height. 4. Lighting. In addition to the lighting standards in TMC 18.60, "Design Review," lighting for the site or development shall be designed and located so that: a. The minimum light levels in parking areas and paths between the building and street shall be one -foot candle. b. Lighting shall be designed to prevent light spillover and glare on adjacent properties and on the river channel to the maximum extent feasible, be directed downward so as to illuminate only the immediate area, and be shielded to eliminate direct off-site illumination. c. The general grounds need not be lighted. d. The lighting is incorporated into a unified landscape and/or site plan. D. Surface Water and Water Quality. The following standards apply to all shoreline development. 1. New surface water systems shall not discharge directly into the river or streams tributary to the river without pre- treatment to reduce pollutants and meet State water quality standards. Such pre-treatment may consist of biofiltration, oil/water separators, or other methods approved by the City of Tukwila Public Works Department. 2. Shoreline development, uses and activities shall not cause any increase in surface runoff, and shall have adequate provisions for storm water detention/infiltration. 3. Stormwater outfalls must be designed so as to cause no net loss of shoreline ecological functions or adverse impacts where functions are impaired. New stormwater outfalls or maintenance of existing outfalls must include shoreline restoration as part of the project. 4. Shoreline development and activities shall have adequate provisions for sanitary sewer. 5. Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of water or to be discharged onto shorelands. 6. The use of low impact development techniques is required, unless such techniques conflict with other provisions of the SMP or are shown to not be feasible due to site conditions. E. Flood Hazard Reduction. The following standards apply to all shoreline development. 1. New structural flood hazard reduction structures shall be allowed only when it can be demonstrated by a Riverbank Analysis that: a. They are necessary to protect existing development; b. Non-structural measures are not feasible; and c. Impacts to ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss. 2. Flood hazard structures must incorporate appropriate vegetation restoration and conservation actions consistent with the standards of the Vegetation Protection and Landscaping Section, TMC 18.44.060. 3. Publicly -funded structural measures to reduce flood hazards shall improve public access or dedicate and provide public access unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, or significant ecological impacts that cannot be mitigated. 4. Rehabilitation or replacement of existing flood control structures, such as levees, with a primary purpose of containing the 1% to 0.02% annual chance flood event, shall be allowed where it can be demonstrated by an engineering analysis that the existing structure: a. Does not provide an appropriate level of protection for surrounding lands; or b. Does not meet a 3:1 riverside slope or other appropriate engineering design standards for stability (e.g., over - steepened side slopes for existing soil and/or flow conditions); and c. Repair of the existing structure will not cause or increase significant adverse ecological impacts to the shoreline. 5. Rehabilitated or replaced flood hazard reduction structures shall not extend the toe of slope any further waterward of the OHWM than the existing structure. 6. New structural flood hazard reduction measures, such as levees, berms and similar flood control structures shall be placed landward of the floodway as determined by the best information available. 7. New, redeveloped or replaced structural flood hazard reduction measures shall be placed landward of associated wetlands, and designated fish and wildlife habitat conservation areas. 8. No commercial, industrial, office or residential development shall be located within a floodplain without a Flood Control Zone Permit issued by the City. No development shall be located within a floodway except as otherwise permitted. 9. New, redeveloped or replaced flood hazard reduction structures must have an overall waterward slope no steeper than 3:1 unless it is not physically possible to achieve such as slope. A floodwall may be substituted for all or a portion of a levee back slope where necessary to avoid encroachment or damage to a structure legally constructed prior to the date of adoption of this subsection, if structure has not lost its nonconforming status, or to allow area for waterward habitat restoration development. The floodwall shall be designed to provide 15 feet of clearance between the levee and the building, or to preserve access needed for building functionality while meeting all engineering safety standards. A floodwall may also be used where necessary to Produce the City of Tukwila, City Clerk's Office Page 18-106 TITLE 18 — ZONING prevent the levee from encroaching upon a railroad easement recorded prior to the date of adoption of this subsection. F. Shoreline Stabilization. The provisions of this section apply to those structures or actions intended to minimize or prevent erosion of adjacent uplands and/or failure of riverbanks resulting from waves, tidal fluctuations or river currents. Shoreline stabilization or armoring involves the placement of erosion resistant materials (e.g., large rocks and boulders, cement, pilings and/or large woody debris (LWD)) or the use of bioengineering techniques to reduce or eliminate erosion of shorelines and risk to human infrastructure. This form of shoreline stabilization is distinct from flood control structures and flood hazard reduction measures (such as levees). The terms "shoreline stabilization," "shoreline protection" and "shoreline armoring" are used interchangeably. 1. Shoreline protection shall not be considered an outright permitted use and shall be permitted only when it has been demonstrated through a Riverbank Analysis and report that shoreline protection is necessary for the protection of existing legally established structures and public improvements. 2. New development and re -development shall be designed and configured on the lot to avoid the need for new shoreline stabilization. Removal of failing shoreline stabilization shall be incorporated into re -development design proposals wherever feasible. 3. Replacement of lawfully established, existing bulkheads or revetments are subject to the following priority system: a. The first priority for replacement of bulkheads or revetments shall be landward of the existing bulkhead. b. The second priority for replacement of existing bulkheads or revetments shall be to replace in place (at the bulkhead's existing location). 4. When evaluating a proposal against the above priority system, at a minimum the following criteria shall be considered: a. Existing topography; b. Existing development; c. Location of abutting bulkheads; d. Impact to shoreline ecological functions; and, e. Impact to river hydraulics, potential changes in geomorphology, and to other areas of the shoreline. 5. Proponents of new or replacement hard shoreline stabilization (e.g. bulkheads or revetments) must demonstrate through a documented Riverbank Analysis that bioengineered shoreline protection measures or bioengineering erosion control designs will not provide adequate upland protection of existing structures or would pose a threat or risk to adjacent property. The Study must also demonstrate that the proposed hard shoreline stabilization will not adversely affect other infrastructure or adjacent shorelines. 6. Shoreline armoring such as riprap rock revetments and other hard shoreline stabilization techniques are detrimental to river processes and habitat creation. Where allowed, shoreline armoring shall be designed, constructed and maintained in a manner that does not result in a net loss of shoreline ecological functions, including fish habitat, and shall conform to the requirements of the 2004 Washington State Department of Fish and Wildlife (as amended) criteria and guidelines for integrated stream bank protection and shall conform to the requirements of the 2004 Washington State Department of Fish and Wildlife criteria and guidelines for Integrated Stream Bank Protection (2003 as amended), the U. S. Army Corps of Engineers standards (if required), and other regulatory requirements. The hard shoreline stabilization must be designed and approved by an engineer licensed in the State of Washington and qualified to design shoreline stabilization structures. 7. Shoreline armoring shall be designed to the minimum size, height, bulk and extent necessary to remedy the identified hazard. 8. An applicant must demonstrate the following in order to qualify for the RCW 90.58.030(3)(e)(ii) exemption from the requirement to obtain a shoreline substantial development permit for a proposed single family bulkhead and to insure that the bulkhead will be consistent with the SMP: a. Erosion from currents or waves is imminently threatening a legally established single family detached dwelling unit or one or more appurtenant structures; and b. The proposed bulkhead is more consistent with the City's Master Program in protecting the site and adjoining shorelines and that non-structural alternatives such as slope drainage systems, bioengineering or vegetative growth stabilization, are not feasible or will not adequately protect a legally established residence or appurtenant structure; and c. The proposed bulkhead is located landward of the OHWM or it connects to adjacent, legally established bulkheads; and d. The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters as determined by the National Ocean Survey published by the National Oceanic and Atmospheric Administration. 9. Bulkheads or revetments shall be constructed of suitable materials that will serve to accomplish the desired end with maximum preservation of natural characteristics. Materials with the potential for water quality degradation shall not be used. Design and construction methods shall consider aesthetics and habitat protection. Automobile bodies, tires or other junk or waste material that may release undesirable chemicals or other material shall not be used for shoreline protection. 10. The builder of any bulkhead or revetment shall be financially responsible for determining the nature and the extent of probable adverse effects on fish and wildlife or on the property of others caused by his/her construction and shall propose and implement solutions approved by the City to minimize such effects. 11. When shoreline stabilization is required at a public access site, provision for safe access to the water shall be incorporated in the design whenever possible. Produced by the City of Tukwila, City Clerk's 0 ice Page ' : " 07 TITLE 18 — ZONING 12. Placement of bank protection material shall occur from the top of the bank and shall be supervised by the property owner or contractor to ensure material is not dumped directly onto the bank face. 13. Bank protection material shall be clean and shall be of a sufficient size to prevent its being washed away by high water flows. 14. When riprap is washed out and presents a hazard to the safety of recreational users of the river, it shall be removed by the owner of such material. 15. Bank protection associated with bridge construction and maintenance may be permitted subject to the provisions of the SMP and shall conform to provisions of the State Hydraulics Code (RCW 77.55) and U.S. Army Corps of Engineer regulations. G. Archaeological, Cultural and Historical Resources. In addition to the requirements of TMC 18.50.110, Archaeological/Paleontological Information Preservation Requirements, the following regulations apply. 1. All land use permits for projects within the shoreline jurisdiction shall be coordinated with affected tribes. 2. If the City determines that a site has significant archaeological, natural scientific or historical value, a substantial development that would pose a threat to the resources of the site shall not be approved. 3. Permits issued in areas documented to contain archaeological resources require a site inspection or evaluation by a professional archaeologist in coordination with affected Indian tribes. The City may require that development be postponed in such areas to allow investigation of public acquisition potential, retrieval and preservation of significant artifacts and/or development of a mitigation plan. Areas of known or suspected archaeological middens shall not be disturbed and shall be fenced and identified during construction projects on the site. 4. Developers and property owners shall immediately stop work and notify the City of Tukwila, the Washington Department of Archaeology and Historic Preservation and affected Indian tribes if archaeological resources are uncovered during excavation. 5. In the event that unforeseen factors constituting an emergency, as defined in RCW 90.58.030, necessitate rapid action to retrieve or preserve artifacts or data identified above, the project may be exempted from any shoreline permit requirements. The City shall notify the Washington State Department of Ecology, the State Attorney General's Office and the State Department of Archaeology and Historic Preservation Office of such an exemption in a timely manner. 6. Archaeological excavations may be permitted subject to the provision of this chapter. 7. On sites where historical or archaeological resources have been identified and will be preserved in situ, public access to such areas shall be designed and managed so as to give maximum protection to the resource and surrounding environment. 8. Interpretive signs of historical and archaeological features shall be provided subject to the requirements of TMC 18.44.080, "Public Access to the Shoreline," when such signage does not compromise the protection of these features from tampering, damage and/or destruction. H. Environmental Impact Mitigation. 1. All shoreline development and uses shall at a minimum occur in a manner that results in no net loss of shoreline ecological functions through the careful location and design of all allowed development and uses. In cases where impacts to shoreline ecological functions from allowed development and uses are unavoidable, those impacts shall be mitigated according to the provisions of this section; in that event, the "no net loss" standard is met. 2. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), RCW 43.21C, is applicable, the analysis of environmental impacts from proposed shoreline uses or developments shall be conducted consistent with the rules implementing SEPA (TMC 21.04 and WAC 197-11). 3. For all development, mitigation sequencing shall be applied in the following order of priority: a. Avoiding the impact altogether by not taking a certain action or parts of an action. b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts. c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. d. Reducing or eliminating the impact over time by preservation and maintenance operations. e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. f. Monitoring the impact and the compensation projects and taking appropriate corrective measures. 4. In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined by the City to be infeasible or inapplicable. 5. When mitigation measures are appropriate pursuant to the priority of mitigation sequencing above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, if mitigation in the immediate vicinity is not scientifically feasible due to problems with hydrology, soils, waves or other factors, then off-site mitigation within the Shoreline Jurisdiction may be allowed if consistent with the Shoreline Restoration Plan. Mitigation for projects in the Transition Zone must take place in the Transition Zone. In the event a site is not available in the Transition Zone to carry out required mitigation, the project proponent may contribute funds equivalent to the value of the required mitigation to an existing or future restoration project identified in the CIP to be carried out by a public agency in the Transition Zone. I. Off Street Parking and Loading Requirements. In addition to the parking requirements in TMC 18.56, the following requirements apply to all development in the shoreline jurisdiction. Producelaf''btjr the City of Tukwila, City Clerk's Office Page 18-108 TITLE 18 — ZONING 1. Any parking, loading, or storage facilities located between the river and any building must incorporate additional landscaping in accordance with TMC 18.44.060, "Vegetation Protection and Landscaping," or berming or other site planning or design techniques to reduce visual and/or environmental impacts from the parking areas utilizing the following screening techniques: a. A solid evergreen screen of trees and shrubs a minimum of six feet high; or b. Decorative fence a maximum of six feet high with landscaping. Chain link fence, where allowed, shall be vinyl coated and landscaped with native trailing vine or an approved non-native vine other than ivy, except where a security or safety hazard may exist; or c. Earth berms at a minimum of four feet high, planted with native plants in accordance with the Vegetation Protection and Landscaping Section, TMC 18.44.060. 2. Where a parking area is located in the shoreline jurisdiction and adjacent to a public access feature, the parking area shall be screened by a vegetative screen or a built structure that runs the entire length of the parking area adjacent to the amenity. The landscape screening shall comply with the Vegetation Protection and Landscaping Section, TMC 18.44.060. 3. Where public access to or along the shoreline exists or is proposed, parking areas shall provide pedestrian access from the parking area to the shoreline. 4. Parking facilities, loading areas and paved areas shall incorporate low impact development techniques wherever feasible, adequate storm water retention areas, oil/water separators and biofiltration swales, or other treatment techniques and shall comply with the standards and practices formally adopted by the City of Tukwila Public Works Department. J. Land Altering Activities. All land altering activities in the shoreline jurisdiction shall be in conjunction with an underlying land development permit, except for shoreline restoration projects. All activities shall meet the following standards: 1. Clearing, Grading and Landfill. a. Land altering shall be permitted only where it meets the following criteria: (1) The work is the minimum necessary to accomplish an allowed shoreline use; (2) Impacts to the natural environment are minimized and mitigated; (3) Water quality, river flows and/or fish habitat are not adversely affected; (4) Public access and river navigation are not diminished; (5) The project complies with all federal and state requirements; (6) The project complies with the vegetation protection criteria of the Vegetation Protection and Landscaping Section, TMC 18.44.060; (7) The project will achieve no net loss of shoreline ecological functions or processes. In cases where impacts to shoreline ecological functions from an otherwise allowed land altering project are unavoidable, those impacts shall be mitigated according to the provisions of TMC 18.44.050.H above. In that event, the "no net loss" standard is met; and (8) Documentation is provided to demonstrate that the fill comes from a clean source. b. Clearing, grading and landfill activities, where allowed, shall include erosion control mechanisms, and any reasonable restriction on equipment, methods or timing necessary to minimize the introduction of suspended solids or leaching of contaminants into the river, or the disturbance of wildlife or fish habitats in accordance with the standards in TMC 16.54, "Grading." 2. Dredging. a. Dredging activities must comply with all federal and state regulations. Maintenance dredging of established navigation channels and basins must be restricted to maintaining previously dredged and/or existing authorized location, depth, and width. b. Where allowed, dredging operations must be designed and scheduled so as to ensure no net loss to shoreline ecological functions or processes. In cases where impacts to shoreline ecological functions from allowed dredging are unavoidable, those impacts shall be mitigated according to the provisions of TMC 18.44.050.H above; in that event, the "no net loss" standard is met. K. Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and Other Over -water Structures. 1. General Requirements. a. A dock may be allowed when the applicant has demonstrated a need for moorage to the satisfaction of the Director of Community Development and that the following alternatives have been investigated and are not available or feasible: (1) commercial or marina moorage; (2) floating moorage buoys; (3) joint use moorage pier/dock. The Director shall use the following criteria to determine if the applicant has demonstrated a need for moorage: (a) Applicant has provided adequate documentation from a commercial marina within 5 river miles that moorage is not available. (b) Floating moorage buoy is technically infeasible as determined by a professional hydrologist. (c) Applicant has provided adequate documentation from any existing moorage pier/dock owner within 5 river miles that joint use is not possible. b. Prior to issuance of a Shoreline Substantial Development Permit for construction of piers, docks, wharves or other over -water structures, the applicant shall present proof of application submittal to State or Federal agencies, as applicable. c. Structures must be designed by a qualified engineer and must demonstrate the project will result in no net loss of shoreline ecological function and will be stable against the forces of flowing water, wave action and the wakes of passing vessels. d. In -water structures shall be designed and located to minimize shading of native aquatic vegetation and fish passage Produced by the City of Tukwila, City Clerk's Office Page : '109 TITLE 18 — ZONING areas. Removal of shoreline, riparian and aquatic vegetation shall be limited to the minimum extent necessary to construct the project. All areas disturbed by construction shall be replanted with native vegetation as part of the project. e. New or replacement in -water structures shall be designed and located such that natural hydraulic and geologic processes, such as erosion, wave action or floods will not necessitate the following: (1) reinforcement of the shoreline or stream bank with new bulkheads or similar artificial structures to protect the in -water structure; or (2) dredging. f. No structures are allowed on top of over -water structures except for properties located north of the Turning Basin. g. Pilings or other associated structures in direct contact with water shall not be treated with preservatives unless the applicant can demonstrate that no feasible alternative to protect the materials exists and that non -wood alternatives are not economically feasible. In that case, only compounds approved for marine use may be used and must be applied by the manufacturer per current best management practices of the Western Wood Preservers Institute. The applicant must present verification that the best management practices were followed. The preservatives must also be approved by the Washington Department of Fish and Wildlife. h. All over -water structures shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe over -water structures shall be removed or repaired promptly by the owner. Accumulated debris shall be regularly removed and disposed of properly so as not to jeopardize the integrity of the structure. Replacement of in -water structures shall include proper removal of abandoned or other man-made structures and debris. i. Boat owners who store motorized boats on-site are encouraged to use best management practices to avoid fuel and other fluid spills. 2. Marinas, Boat Yards and Dry Docks. a. All uses under this category shall be designed to achieve no net loss of shoreline ecological functions. In cases where impacts to shoreline ecological functions from uses allowed under this category are unavoidable, those impacts shall be mitigated according to the provisions of TMC 18.44.050.H above; in that event, the "no net loss" standard is met. b. Commercial/industrial marinas and dry docks shall be located no further upriver than Turning Basin #3. c. Marinas shall be located, designed, constructed and operated to avoid or minimize adverse impacts on fish, wildlife, water quality, native shoreline vegetation, navigation, public access, existing in -water recreational activities and adjacent water uses. d. Marinas shall submit a fuel spill prevention and contingency plan to the City for approval. Haul -out and boat maintenance facilities must meet the City's stormwater management requirements and not allow the release of chemicals, petroleum or suspended solids to the river. e. Marinas, boat yards and dry docks must be located a minimum of 100 feet from fish and wildlife habitat areas. f. New marinas, launch ramps and accessory uses must be located where water depths are adequate to avoid the need for dredging. 3. Boat Launches and Boat Lifts. a. Boat launch ramps and vehicle access to the ramps shall be designed to not cause erosion; the use of pervious paving materials, such as grasscrete, are encouraged. b. Boat launch ramps shall be designed to minimize areas of landfill or the need for shoreline protective structures. c. Access to the boat ramp and parking for the ramp shall be located a sufficient distance from any frontage road to provide safe maneuvering of boats and trailers. d. Launching rails shall be adequately anchored to the ground. e. Launch ramps and boat lifts shall extend waterward past the OHWM only as far as necessary to achieve their purpose. f. Boat lifts and canopies must meet the standards of the U.S. Army Corps of Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh and Marine/Estuarine Waters within the State of Washington. 4. Over -water Structures. Where allowed, over -water structures such as piers, wharves, bridges, and docks shall meet the following standards: a. The size of new over -water structures shall be limited to the minimum necessary to support the structure's intended use and to provide stability in the case of floating docks. Structures must be compatible with any existing channel control or flood management structures. b. Over -water structures shall not extend waterward of the OHWM any more than necessary to permit launching of watercraft, while also ensuring that watercraft do not rest on tidal substrate at any time. c. Adverse impacts of over -water structures on water quality, river flows, fish habitat, shoreline vegetation, and public access shall be minimized and mitigated. Mitigation measures may include joint use of existing structures, open decking or piers, replacement of non-native vegetation, installation of in -water habitat features or restoration of shallow water habitat. d. Any proposals for in -water or over -water structures shall provide a pre -construction habitat evaluation, including an evaluation of salmonid and bull trout habitat and shoreline ecological functions, and demonstrate how the project achieves no net loss of shoreline ecological functions. e. Over -water structures shall obtain all necessary state and federal permits prior to construction or repair. f. All over -water structures must be designed by a qualified engineer to ensure they are adequately anchored to the bank in a manner so as not to cause future downstream hazards or significant modifications to the river geomorphology and are able to withstand high flows. Produceld3 the City of Tukwila, City Clerk's Office Page 18-110 TITLE 18 — ZONING g. Over -water structures shall not obstruct normal public use of the river for navigation or recreational purposes. h. Shading impacts to fish shall be minimized by using grating on at least 30% of the surface area of the over -water structure on residential areas and at least 50% of the over -water structure on all other properties. This standard may be modified for bridges if necessary to accommodate the proposed use. The use of skirting is not permitted. i. If floats are used, the flotation shall be fully enclosed and contained in a shell (such as polystyrene) that prevents breakup or loss of the flotation material into the water, damage from ultraviolet radiation, and damage from rubbing against pilings or waterborne debris. j. Floats may not rest on the tidal substrate at any time and stoppers on the piling anchoring the floats must be installed to ensure at least 1 foot of clearance above the substrate. Anchor lines may not rest on the substrate at any time. k. The number of pilings to support over -water structures, including floats, shall be limited to the minimum necessary. Pilings shall conform to the pilings standards contained in the US Army Corps of Engineers Regional General Permit No. 6. I. No over -water structure shall be located closer than five feet from the side property line extended, except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed upon by the property owners in an easement recorded with King County. A copy of this agreement shall be submitted to the Department of Community Development and accompany an application for a development permit and/or Shoreline Permit. 5. Live-Aboards. New over -water residences are prohibited. Live-aboards may be allowed provided that: a. They are for single-family use only. b. They are located in a marina that provides shower and toilet facilities on land and there are no sewage discharges to the water. c. Live-aboards do not exceed 10 percent of the total slips in the marina. d. They are owner -occupied vessels. e. There are on -shore support services in proximity to the live-aboards. L. Signs in Shoreline Jurisdiction. 1. Signage within the shoreline buffer is limited to the following: a. Interpretative signs and restoration signage, including restoration sponsor acknowledgment. b. Signs for water -related uses. c. Signs installed by a government agency for public safety along any public trail or at any public park. d. Signs installed within the rights of way of any public right-of-way or bridge within the shoreline buffer. e. Signs installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 2. Billboards and other off -premise signs are strictly forbidden in the shoreline buffer. (Ord. 2627 ;20, 2020) 18.44.060 Vegetation Protection and Landscaping A. Purpose. 1. The purpose of this section is to: a. Regulate the protection of existing trees and native vegetation in the shoreline jurisdiction; b. Establish requirements for removal of invasive plants at the time of development or re -development of sites; c. Establish requirements for landscaping for new development or re -development; d. Establish requirements for the long-term maintenance of native vegetation to prevent establishment of invasive species and promote shoreline ecosystem processes. 2. The City's goal is to: a. Preserve as many existing trees as possible and increase the number of native trees, shrubs and other vegetation in the shoreline because of their importance to shoreline ecosystem functions as listed below: (1) Overhead tree canopy to provide shade for water temperature control; (2) Habitat for birds, insects and small mammals; (3) Vegetation that overhangs the river to provide places for fish to shelter; (4) Source of insects for fish; (5) Filtering of pollutants and slowing of stormwater prior to its entering the river; and (6) A long-term source of woody debris for the river. b. In addition, trees and other native vegetation are important for aesthetics. It is the City's goal that unsightly invasive vegetation, such as blackberries, be removed from the shoreline and be replaced with native vegetation to promote greater enjoyment of and access to the river. c. The City will provide information to property owners for improving vegetation in the shoreline jurisdiction and will work collaboratively with local citizen groups to assist property owners in the removal of invasive vegetation and planting of native vegetation, particularly for residential areas. B. Applicability. 1. This chapter sets forth rules and regulations to control maintenance and clearing of trees and other vegetation within the City of Tukwila for properties located within the shoreline jurisdiction. For properties located within a critical area or its associated buffer, the maintenance and removal of trees shall be governed by TMC 18.45. TMC 18.54, "Urban Forestry and Tree Regulations" chapter, shall govern tree removal on any undeveloped land and any land zoned Low Density Residential (LDR) that is developed with a single family residence. TMC 18.52, "Landscape Requirements," shall govern the maintenance and removal of trees on developed properties that are zoned commercial, industrial, or multifamily, and on properties located in Produced by the City of Tukwila, City Clerk's Office Page �89- 11 TITLE 18 — ZONING the LDR zone that are developed with a non -single family residential use. The most stringent regulations shall apply in case of a conflict. 2. With the exception of residential development/re- development of 4 or fewer residential units, all activities and developments within the shoreline environment must comply with the landscaping and maintenance requirements of this section, whether or not a shoreline substantial development permit is required. Single family residential projects are not exempt if implementing a shoreline stabilization project or overwater structure. 3. The tree protection and retention requirements and the vegetation management requirements apply to existing uses as well as new or re -development. C. Minor Activities Allowed without a Permit or Exemption. 1. The following activities are allowed without a permit or exemption: a. Maintenance of existing, lawfully established areas of crop vegetation, landscaping (including paths and trails) or gardens within shoreline jurisdiction. Examples include, mowing lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non-invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas. Cutting down trees and shrubs within the shoreline jurisdiction is not covered under this provision. Excavation, filling, and construction of new landscaping features, such as concrete work, berms and walls, are not covered in this provision and are subject to review; b. Noxious weed control within shoreline jurisdiction, if work is selective only for noxious species; is done by hand removal/spraying of individual plants; spraying is conducted by a licensed applicator (with the required aquatic endorsements from the Washington State Department of Ecology if work is in an aquatic site); and no area -wide vegetation removal or grubbing is conducted. Control methods not meeting these criteria may still be approved under other provisions of this chapter. D. Tree Retention and Replacement. 1. Retention. a. As many significant trees and as much native vegetation as possible are to be retained on a site proposed for development or re -development, taking into account the condition and age of the trees. As part of a land use application such as but not limited to subdivision or short plat, design review, or development permit review, the Director of Community Development or the Board of Architectural Review may require alterations in the arrangement of buildings, parking or other elements of proposed development in order to retain significant non-invasive trees, particularly those that provide shading to the river. b. Topping of trees is prohibited and will be regulated as removal with tree replacement required. c. Trees may only be pruned to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Pruning more than 25% of the canopy in a 36 month period shall be regulated as removal with tree replacement required. 2. Permit Requirements. Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal and Vegetation Clearing Permit application must be submitted to the Department containing the following information: a. A vegetation survey on a site plan that shows the diameter, species and location of all significant trees and all existing native vegetation. b. A site plan that shows trees and native vegetation to be retained and trees to be removed and provides a table showing the number of significant trees to be removed and the number of replacement trees required. c. Tree protection zones and other measures to protect any trees or native vegetation that are to be retained for sites undergoing development or re -development. d. Location of the OHWM, shoreline buffer, Shoreline Jurisdiction boundary and any critical areas with their buffers. e. A landscape plan that shows diameter, species name, spacing and planting location for any required replacement trees and other proposed vegetation. f. An arborist evaluation justifying the removal of hazardous trees if required by DCD. g. An application fee per the current Land Use Permit Fee resolution. 3. Criteria for Shoreline Tree Removal. A Type 2 Shoreline Tree Removal and Vegetation Clearing Permit shall only be approved by the Director if the proposal complies with the following: a. The site is undergoing development or redevelopment; b. The proposal complies with tree retention, replacement, maintenance, and monitoring requirements of this chapter; and c. Either: (1) Tree poses a risk to structures; (2) There is imminent potential for root or canopy interference with utilities; (3) Trees interfere with the access and passage on public trails; (4) Tree condition and health is poor; the City may require an evaluation by an International Society of Arborists (ISA) certified arborist; or (5) Trees present an imminent hazard to the public. If the hazard is not readily apparent, the City may require an evaluation by an International Society of Arborists (ISA) certified arborist; and 4. Tree Replacement Requirements. Producelcil the City of Tukwila, City Clerk's Office Page 18-112 TITLE 18 — ZONING a. Significant trees that are removed, illegally topped, or pruned by more than 25 percent in 36 month period within the shoreline jurisdiction shall be replaced pursuant to the tree replacement requirements shown below, up to a density of 100 trees per acre (including existing trees). b. Significant trees that are removed as part of an approved landscape plan on a developed site are subject to replacement per TMC 18.52. Dead or dying trees removed from developed or landscaped areas shall be replaced 1:1 in the next appropriate season for planting. c. Dead or dying trees located within the buffer or undeveloped upland portion of the Shoreline Jurisdiction shall be left in place as wildlife snags, unless they present a hazard to structures, facilities or the public. Removal of non -hazardous trees as defined by TMC 18.06 in non-developed areas are subject to the tree replacement requirements listed in the table below. d. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the loss of this vegetation as a result of new development. Tree Replacement Requirements Diameter* of Tree Removed (*measured at height of 4.5 feet from the ground) Number of Replacement Trees Required 4 - 6 inches (single trunk); 2 inches (any trunk of a multi -trunk tree) 3 Over 6 - 8 inches 4 Over 8 - 20 inches 6 Over 20 inches 8 e. The property owner 's required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the project. Replaced trees that do not survive must be replanted in the next appropriate season for planting. f. If all required replacement trees cannot be reasonably accommodated on the site, off-site tree replacement within the shoreline jurisdiction may be allowed at a site approved by the City. Priority for off-site tree planting will be at locations within the Transition Zone. If no suitable off-site location is available, the applicant shall pay a fee into a tree replacement fund per the adopted fee resolution. 5. Large Woody Debris (LWD). When a tree suitable for use as LWD is permitted to be removed from the shoreline buffer, the tree trunk and root ball (where possible) will be saved for use in a restoration project elsewhere in the shoreline jurisdiction. The applicant will be responsible for the cost of moving the removed tree(s) to a location designated by the City. If no restoration project or storage location is available at the time, the Director may waive this requirement. Trees removed in the shoreline jurisdiction outside the buffer shall be placed as LWD in the buffer (not on the bank), if feasible. Priority for LWD placement projects will be in the Transition Zone. E. Tree Protection During Development and Redevelopment. All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Qualified Tree Professional to review long term viability of the tree. 3. Physical barriers, such as 6 -foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 4. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 5. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC 18.44." 6. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 7. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 8. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 9. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. Produced by the City of Tukwila, City Clerk's Office Page ' " 13 TITLE 18 — ZONING 10. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 11. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 12. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 13. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. F. Landscaping. 1. General Requirements. For any new development or redevelopment in the Shoreline Jurisdiction, except single family residential development of 4 or fewer lots, invasive vegetation must be removed and native vegetation planted and maintained in the Shoreline Buffer, including the river bank. a. The landscaping requirements of this subsection apply for any new development or redevelopment in the Shoreline Jurisdiction, except: single family residential development of 4 or fewer lots. The extent of landscaping required will depend on the size of the proposed project. New development or full redevelopment of a site will require landscaping of the entire site. For smaller projects, the Director will review the intent of this section and the scope of the project to determine a reasonable amount of landscaping to be carried out. b. Invasive vegetation must be removed as part of site preparation and native vegetation planted, including the river bank to OHWM. c. On properties located landward of publicly maintained levees, an applicant is not required to remove invasive vegetation or plant native vegetation on the levees, however the remaining buffer landward of the levee shall be improved and invasive vegetation planted. d. Removal of invasive species shall be done by hand or with hand-held power tools. Where not feasible and mechanized equipment is needed, the applicant must obtain a Shoreline Tree Removal and Vegetation Clearing Permit and show how the slope stability of the bank will be maintained. A plan must be submitted indicating how the work will be done and what erosion control and tree protection features will be utilized. Federal and State permits may be required for vegetation removal with mechanized equipment. e. Trees and other vegetation shading the river shall be retained or replanted when riprap is placed, as specified in the approved tree permit if a permit is required. f. Removal of invasive vegetation may be phased over several years prior to planting, if such phasing is provided for by a plan approved by the Director to allow for alternative approaches, such as sheet mulching and goat grazing. The method selected shall not destabilize the bank or cause erosion. g. A combination of native trees, shrubs and groundcovers (including grasses, sedges, rushes and vines) shall be planted. The plants listed in the Riparian Restoration and Management Table of the 2004 Washington Stream Habitat Restoration Guidelines (Washington Department of Fish and Wildlife, Washington Department of Ecology, and U.S. Fish and Wildlife Service, Olympia, Washington, as amended) shall provide the basis for plant selection. Site conditions, such as topography, exposure, and hydrology shall be taken into account for plant selection. Other species may be approved if there is adequate justification. h. Non-native trees may be used as street trees or in approved developed landscape areas where conditions are not appropriate for native trees (for example where there are space or height limitations or conflicts with utilities). i. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape Association — ANLA). j. Plant sizes in the non -buffer areas of all Shoreline Environments shall meet the following minimum size standards: Deciduous trees 2 -inch caliper Conifers 6 — 8 foot height Shrubs 24 -inch height Groundcover/grasses 4 -inch or 1 gallon container k. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are preferred for buffer plantings. Willow stakes must be at least 1/2 - inch in diameter. I. Site preparation and planting of vegetation shall be in accordance with best management practices for ensuring the vegetation's long-term health and survival. m. Plants may be selected and placed to allow for public and private view corridors and/or access to the water's edge. n. Native vegetation in the shoreline installed in accordance with the preceding standards shall be maintained by the property owner to promote healthy growth and prevent establishment of invasive species. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according to the approved maintenance plan. o. Areas disturbed by removal of invasive plants shall be replanted with native vegetation where necessary to maintain the density shown in TMC 18.44.060.6.4. and must be replanted in a timely manner, except where a long term removal and re -vegetation plan, as approved by the City, is being implemented. p. Landscape plans shall include a detail on invasive plant removal and soil preparation. q. The following standards apply to utilities and loading docks located in the shoreline jurisdiction. (1) Utilities such as pumps, pipes, etc. shall be suitably screened with native vegetation; (2) Utility easements shall be landscaped with native groundcover, grasses or other low -growing plants as appropriate to the shoreline environment and site conditions; Produce he City of Tukwila, City Clerk's Office Page 18-114 TITLE 18 — ZONING (3) Allowed loading docks and service areas located waterward of the development shall have landscaping that provides extensive visual separation from the river. 2. Shoreline Buffer Landscaping Requirements in all Shoreline Environments. The Shoreline Buffer in all shoreline environments shall function, in part, as a vegetation management area to filter sediment, capture contaminants in surface water run- off, reduce the velocity of water run-off, and provide fish and wildlife habitat. a. A planting plan prepared by an approved biologist shall be submitted to the City for approval that shows plant species, size, number and spacing. The requirement for a biologist may be waived by the Director for single family property owners (when planting is being required as mitigation for construction of overwater structures or shoreline stabilization). b. Plants shall be installed from the OHWM to the upland edge of the Shoreline Buffer unless the Director determines that site conditions would make planting unsafe. c. Plantings close to and on the bank shall include native willows, red osier dogwood and other native vegetation that will extend out over the water, to provide shade and habitat functions when mature. Species selected must be able to withstand seasonal water level fluctuations. d. Minimum plant spacing in the buffer shall follow the Shoreline Buffer Vegetation Planting Densities Table shown in TMC 18.44.060.F.2. Existing non-invasive plants may be included in the density calculations. e. Irrigation for buffer plantings is required for at least two dry seasons or until plants are established. An irrigation plan is to be included as part of the planting plan. f. In the event that a development project allows for setback and benching of the shoreline along an existing levee or revetment, the newly created mid -slope bench area shall be planted and maintained with a variety of native vegetation appropriate for site conditions. g. The Director, in consultation with the City's Urban Environmentalist, may approve the use of shrub planting and installation of willow stakes to be counted toward the tree replacement standard in the buffer if proposed as a measure to control invasive plants and increase buffer function. Shoreline Buffer Vegetation Planting Densities Table Plant Material Type Planting Density Stakes/cuttings along river bank (willows, red osier dogwood) 1 - 2 feet on center or per bioengineering method Shrubs 3 - 5 feet on center, depending on species Trees 15 — 20 feet on center, depending on species Groundcovers, grasses, sedges, rushes, other herbaceous plants 1-1.5 feet on center, depending on species Native seed mixes 5 - 25 lbs per acre, depending on species 3. Landscaping Requirements for the Urban Conservancy and High Intensity Environments — Outside of the Shoreline Buffer. For the portions of property within the Shoreline Jurisdiction landward of the Shoreline Buffer the landscape requirements in the General section of this chapter and the requirements for the underlying zoning as established in TMC 18.52 shall apply except as indicated below. a. Parking Lot Landscape Perimeters: One native tree for each 20 lineal feet of required perimeter landscaping, one shrub for each 4 lineal feet of required perimeter landscaping, and native groundcovers to cover 90% of the landscape area within 3 years, planted at a minimum spacing of 12 inches on -center. b. Interior Parking Lot Landscaping: Every 300 square feet of paved surface requires 10 square feet of interior landscaping within landscape islands separated by no more than 150 feet between islands. c. Landscaping shall be provided at yards not adjacent to the river, with the same width as required in the underlying zoning district. This standard may be reduced as follows: (1) Where development provides a public access corridor between off-site public area(s) and public shoreline areas, side yard landscaping may be reduced by 25 percent to no less than 3 feet; or (2) Where development provides additional public access area(s) (as allowed by the High Intensity and Urban Conservancy Environment Development Standards) equal in area to at least 2.5% of total building area, front yard landscaping may be reduced by 25 percent. G. Vegetation Management in the Shoreline Jurisdiction. The requirements of this section apply to all existing and new development within the shoreline jurisdiction. 1. Trees and shrubs may only be pruned for safety, to maintain views or access corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility lines, and/or for improving shoreline ecological function. No more than 25% may be pruned from a tree within a 36 month period without prior City review and is subject to replacement ratios of this chapter. This type of pruning is exempt from any permit requirements. Topping of trees is prohibited and shall be regulated as removal with tree replacement required except where absolutely necessary to avoid interference with existing utilities. 2. Plant debris from removal of invasive plants or pruning shall be removed from the site and disposed of properly. 3. Use of pesticides. a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the shoreline jurisdiction except where: (1) Alternatives such as manual removal, biological control, and cultural control are not feasible given the size of the infestation, site characteristics, or the characteristics of the invasive plant species; Produced by the City of Tukwila, City Clerk's Office Page 1 15 TITLE 18 — ZONING (2) The use of pesticides has been approved through a comprehensive vegetation or pest management and monitoring plan; (3) The pesticide is applied in accordance with state regulations; (4) The proposed herbicide is approved for aquatic use by the U.S. Environmental Protection Agency; and (5) The use of pesticides in the shoreline jurisdiction is approved in writing by the Department of Ecology or Washington Department of Agriculture. b. Self-contained rodent bait boxes designed to prevent access by other animals are allowed. c. Sports fields, parks, golf courses and other outdoor recreational uses that involve maintenance of extensive areas of turf shall provide and implement an integrated turf management program or integrated pest management plan designed to ensure that water quality in the river is not adversely impacted. 4. Restoration Project Plantings: Restoration projects may overplant the site as a way to discourage the re- establishment of invasive species. Thinning of vegetation to improve plant survival and health without a separate shoreline vegetation removal permit may be permitted five to ten years after planting if this approach is approved as part of the restoration project's maintenance and monitoring plan. H. Maintenance and Monitoring. The property owner is required to ensure the viability and long term health of vegetation planted for replacement or mitigation through proper care and maintenance for the life of the project subject to the permit requirements as follows: 1. Tree Replacement and Vegetation Clearing Permit Requirements: a. Schedule an inspection with the City's Urban Environmentalist to document planting of the correct number and type of plants. b. Submit annual documentation of tree and vegetation health to the City for three years. 2. Restoration and Mitigation Project Requirements: a. A five-year maintenance and monitoring plan must be approved by the City prior to permit issuance. The monitoring period will begin when the restoration is accepted by the City and as -built plans have been submitted. b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring period. Reports shall measure survival rates against project goals and present contingency plans to meet project goals. c. Mitigation will be complete after project goals have been met and accepted by the City's Urban Environmentalist. d. A performance bond or financial security equal to 150% of the cost of labor and materials required for implementation of the planting, maintenance and monitoring shall be submitted prior to City acceptance of project. (rd, 2627 ;21, 2020) 18.44.070 Environmentally Critical Areas within the Shoreline Jurisdiction A. Applicable Critical Areas Regulations. The following critical areas, located in the shoreline jurisdiction, shall be regulated in accordance with the provisions of the Critical Areas Ordinance TMC 18.45, (Ordinance No. 2625, March 2, 2020), which is herein incorporated by reference into this SMP, except as provided in TMC 18.44.070.B. Said provisions shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the provisions adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of TMC 18.45 shall be liberally construed together with the Shoreline Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the Shoreline Master Program, the most restrictive provisions shall prevail. 1. Wetlands 2. Watercourses (Type F, Type Np, Type Ns) 3. Areas of potential geologic instability 4. Fish and wildlife habitat conservation areas B. The following provisions in TMC 18.45 do not apply to critical areas in the shoreline jurisdiction: 1. Critical Area Master Plan Overlay (TMC 8.45.160). 2. Reasonable Use Exception (TMC 18.45.180). Exceptions within shoreline jurisdiction shall require a shoreline variance based on the variance criteria listed in TMC 18.44.110.F and WAC 173-27-170. 3. Time Limitation, Appeals, and Vesting (TMC 18.45.190). 4. Wetlands Uses, Alterations and Mitigation (TMC 18.45.090). Activities and alterations to wetlands and their buffers located within shoreline jurisdiction shall be subject to the provisions and permitting mechanisms of this Master Program. C. Shoreline buffer widths are defined in TMC 18.44.040. D. Future amendments to the Critical Areas Ordinance require Department of Ecology approval of an amendment to this Master Program to incorporate updated language. E. If provisions of the Critical Areas Ordinance conflict with provisions of this Master Program, the provisions that are the most protective of the ecological resource shall apply, as determined by the Director. F. If there are provisions of the Critical Areas Ordinance that are not consistent with the Shoreline Management Act, RCW 90.58, and supporting WAC chapters, those provisions shall not apply. G. Areas of seismic instability are also defined as critical areas. These areas are regulated by the Washington State Building Code, rather than by TMC 18.44.070. Additional building Produce the City of Tukwila, City Clerk's Office Page 18-116 TITLE 18 — ZONING standards applicable to frequently flooded areas are included in the Flood Zone Management Code (TMC 16.52). (Ord, 2627 §2Z 2020) 18.44.080 Public Access to the Shoreline A. Applicability. 1. Public access shall be provided on all property that abuts the Green/Duwamish River shoreline in accordance with this section as further discussed below where any of the following conditions are present: a. Where a development or use will create increased demand for public access to the shoreline, the development or use shall provide public access to mitigate this impact. For the purposes of this section, an "increase in demand for public access" is determined by evaluating whether the development reflects an increase in the land use intensity (for example converting a warehouse to office or retail use), or a significant increase in the square footage of an existing building. A significant increase is defined as an increase of at least 3,000 square feet. b. Where a development or use will interfere with an existing public access way, the development or use shall provide public access to mitigate this impact. Impacts to public access may include blocking access or discouraging use of existing on-site or nearby accesses. c. Where a use or development will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact. d. Where the development is proposed by a public entity or on public lands. e. Where identified on the Shoreline Public Access Map in the Shoreline Master Program. f. Where a land division of five or greater lots, or a residential project of five or greater residential units, is proposed. 2. The extent of public access required will be proportional to the amount of increase in the demand for public access. For smaller projects, the Director will review the intent of this section and the scope of the project to determine a reasonable amount of public access to be carried out. Depending on the amount of increase, the project may utilize the alternative provisions for meeting public access in TMC 18.44.080.F. The terms and conditions of TMC 18.44.080.A and 18.44.080.B shall be deemed satisfied if the applicant and the City agree upon a master trail plan providing for public paths and trails within a parcel or group of parcels. 3. The provisions of this section do not apply to the following: a. Short plats of four or fewer lots; b. Where providing such access would cause unavoidable health or safety hazards; c. Where an area is limited to authorized personnel and providing such access would create inherent and unavoidable security problems that cannot be mitigated through site design or fencing; or d. Where providing such access would cause significant ecological impacts that cannot be mitigated. An applicant claiming an exemption under items 3(b) - (d) above must comply with the procedures in TMC 18.44.080.F. B. General Standards. 1. To improve public access to the Green/Duwamish River, sites shall be designed to provide: a. Safe, visible and accessible pedestrian and non - motorized vehicle connections between proposed development and the river's edge, particularly when the site is adjacent to the Green River Trail or other approved trail system; and b. Public pathway entrances that are clearly visible from the street edge and identified with signage; and c. Clearly identified pathways that are separate from vehicular circulation areas. This may be accomplished through the use of distinct paving materials, changes in color or distinct and detailed scoring patterns and textures. d. Site elements that are organized to clearly distinguish between public and private access and circulation systems. 2. Required public access shall be fully developed and available for public use at the time of occupancy in accordance with development permit conditions except where the decision maker determines an appropriate mechanism for delayed public access implementation is necessary for practical reasons. Where appropriate, a bond or cash assignment may be approved, on review and approval by the Director of Community Development, to extend this requirement for 90 days from the date the Certificate of Occupancy is issued. 3. Public access easements and related permit conditions shall be recorded on the deed of title or the face of the plat, short plat or approved site plan as a condition tied to the use of the land. Recording with the County shall occur prior to the issuance of an Occupancy Permit or final plat approval. Upon re- development of such a site, the easement may be relocated to facilitate the continued public access to the shoreline. 4. Approved signs indicating the public's right of access and hours of access, if restricted, shall be constructed, installed and maintained by the applicant in conspicuous locations at public access sites. Signs should be designed to distinguish between public and private areas. Signs controlling or restricting public access may be approved as a condition of permit approval. 5. Required access must be maintained in perpetuity. 6. Public access features shall be separated from residential uses through the use of setbacks, low walls, berms, landscaping, or other device of a scale and materials appropriate to the site. 7. Shared public access between developments is encouraged. Where access is to be shared between adjacent developments, the minimum width for the individual access easement may be reduced, provided the total width of easements contributed by each adjacent development equals a width that complies with Fire Department requirements and/or exceeds the minimum for an individual access. 8. Public access sites shall be connected directly to the nearest public area (e.g., street, public park, or adjoining public Produced by the City of Tukwila, City Clerk's Office Page ?i-517 TITLE 18 — ZONING access easement). Where connections are not currently possible, the site shall be designed to accommodate logical future connections. C. Requirements for Shoreline Trails. Where public access is required under TMC 18.44.080.A.1, the requirement will be met by provision of a shoreline trail as follows: 1. Development on Properties Abutting Existing Green River Trail. An applicant seeking to develop property abutting the existing trail shall meet public access requirements by upgrading the trail along the property frontage to meet the standards of a 12 -foot -wide trail with 2 -foot shoulders on each side. If a 12 -foot -wide trail exists on the property, it shall mean public access requirements have been met if access to the trail exists within 1,000 feet of the property. 2. Development on Properties Where New Regional Trails are Planned. An applicant seeking to develop property abutting the river in areas identified for new shoreline trail segments shall meet public access requirements by dedicating a 16 -foot -wide trail easement to the City for public access along the river. 3. On-site Trail Standards. Trails providing access within a property, park or restoration site shall be developed at a width appropriate to the expected usage and environmental sensitivity of the site. D. Publicly -Owned Shorelines. 1. Shoreline development by any public entities, including but not limited to the City of Tukwila, King County, port districts, state agencies, or public utility districts, shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, impact to the shoreline environment or other provisions listed in this section. 2. The following requirements apply to street ends and City -owned property adjacent to the river. a. Public right-of-way and "road -ends," or portions thereof, shall not be vacated and shall be maintained for future public access. b. Unimproved right-of-ways and portions of right-of- ways, such as street ends and turn -outs, shall be dedicated to public access uses until such time as the portion becomes improved right-of-way. Uses shall be limited to passive outdoor recreation, hand carry boat launching, fishing, interpretive/educational uses, and/or parking that accommodates these uses, and shall be designed so as to not interfere with the privacy of adjacent residential uses. c. City -owned facilities within the Shoreline Jurisdiction shall provide new trails and trail connections to the Green River Trail in accordance with approved plans and this SMP. d. All City -owned recreational facilities within the Shoreline Jurisdiction, unless qualifying for an exemption as specified in this chapter, shall make adequate provisions for: (1) Non -motorized and pedestrian access; (2) The prevention of trespass onto adjacent properties through landscaping, fencing or other appropriate measures; (3) Signage indicating the public right-of-way to shoreline areas; and (4) Mechanisms to prevent environmental degradation of the shoreline from public use. E. Public Access Incentives. 1. The minimum yard setback for buildings, uses, utilities or development from non-riverfront lot lines may be reduced as follows: a. Where a development provides a public access corridor that connects off-site areas or public shoreline areas to public shoreline areas, one side yard may be reduced to a zero lot line placement; or b. Where a development provides additional public access area(s) equal in area to at least 2.5% of total building area, the front yard (the landward side of the development) may be reduced by 50%. 2. The maximum height for structures within the shoreline jurisdiction may be increased by 15 feet when: a. Development devotes at least 5% of its building or land area to public shoreline access; or b. Development devotes at least 10% of its land area to employee shoreline access. 3. The maximum height for structures within the shoreline jurisdiction may be increased by 15 feet for properties that construct a 12 -foot -wide paved trail with a 2 -foot -wide shoulder on each side for public access along the river in areas identified for new shoreline trail segments, or where, in the case of properties containing or abutting existing public access trails, the existing trail either meets the standard of a 12 -foot -wide trail with 2 -foot -wide shoulders on either side or the property owner provides any necessary easements and improvements to upgrade the existing trail to that standard along the property frontage. 4. During the project review, the project proponent shall affirmatively demonstrate that the increased height for structures authorized in subparagraphs E.2 and E.3 of this section will: a. Not block the views of a substantial number of residences; b. Not cause environmental impacts such as light impacts adversely affecting the river corridor; c. Achieve no net loss of ecological function; and d. Not combine incentives to increase the allowed building height above the maximum height in the parcel's zoning district. F. Exemptions from Provision of On -Site Public Access. 1. Requirements for providing on-site general public access, as distinguished from employee access, will not apply if the applicant can demonstrate one or more of the following: a. Unavoidable health or safety hazards to the public exist such as active railroad tracks or hazardous chemicals related to the primary use that cannot be prevented by any practical means. Produce bTjr the City of Tukwila, City Clerk's Office Page 18-118 TITLE 18 — ZONING b. The area is limited to authorized personnel and inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions. c. The cost of providing the access, easement or other public amenity on or off the development site is unreasonably disproportionate to the total long-term cost of the proposed development. d. Unavoidable environmental harm or net loss of shoreline ecological functions that cannot be adequately mitigated will result from the public access. e. Access is not feasible due to the configuration of existing parcels and structures, such that access areas are blocked in a way that cannot be remedied reasonably by the proposed development. f. Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated. g. Space is needed for water -dependent uses or navigation. 2. In order to meet any of the above -referenced conditions, the applicant must first demonstrate that all reasonable alternatives have been exhausted including, but not limited to: a. Regulating access by such means as maintaining a gate and/or limiting hours of use; b. Designing separation of uses and activities through fencing, terracing, hedges or other design features; or c. Providing access on a site geographically separate from the proposal such as a street end cannot be accomplished. 3. If the above conditions are demonstrated, and the proposed development is not subject to the Parks Impact Fee, alternative provisions for meeting public access are required and include: a. Development of public access at an adjacent street end; or b. Protection through easement or setbacks of landmarks, unique natural features or other areas valuable for their interpretive potential; or c. Contribution of materials and/or labor toward projects identified in the Parks and Recreation Master Plan, the Shoreline Restoration Plan, or other City adopted plan; or d. In lieu of providing public access under this section, at the Director's discretion, a private applicant may provide restoration/enhancement of the shoreline jurisdiction to a scale commensurate with the foregone public access. (Ord, 2627 §23, 2020) 18.44.090 Shoreline Design Guidelines The Green/Duwamish River is an amenity that should be valued and celebrated when designing projects that will be located along its length. If any portion of a project falls within the shoreline jurisdiction, then the entire project will be reviewed under these guidelines as well as the relevant sections of the Design Review Chapter of the Zoning Code (TMC 18.60). A. The following standards apply to development, uses and activities in the Urban Conservancy and High Intensity Environments and non-residential development in the Shoreline Residential Environment. 1. Relationship of Structure to Site. Development within the shoreline jurisdiction shall demonstrate compliance with the following: a. Reflect the shape of the shoreline; b. Orient building elements to site such that public river access, both visual and physical is enhanced; c. Orient buildings to allow for casual observation of pedestrian and trail activity from interior spaces; d. Site and orient buildings to provide maximum views from building interiors toward the river and the shoreline; e. Orient public use areas and private amenities towards the river; f. Clearly allocate spaces, accommodating parking, vehicular circulation and buildings to preserve existing stands of vegetation or trees so that natural areas can be set aside, improved, or integrated into site organization and planning; g. Clearly define and separate public from non- public spaces with the use of paving, signage, and landscaping. 2. Building Design. Development within the shoreline jurisdiction shall demonstrate compliance with the following: a. To prevent building mass and shape from overwhelming the desired human scale along the river, development shall avoid blank walls on the public and river sides of buildings. b. Buildings should be designed to follow the curve of the river and respond to changes in topography; buildings must not "turn their back" to the river. c. Design common areas in buildings to take advantage of shoreline views and access; incorporate outdoor seating areas that are compatible with shoreline access. d. Consider the height and scale of each building in relation to the site. e. Extend site features such as plazas that allow pedestrian access and enjoyment of the river to the landward side of the buffer's edge. f. Locate lunchrooms and other common areas to open out onto the water -ward side of the site to maximize enjoyment of the river. g. Design structures to take advantage of the river frontage location by incorporating features such as: (1) plazas and landscaped open space that connect with a shoreline trail system; (2) windows that offer views of the river; or (3) pedestrian entrances that face the river. h. View obscuring fencing is permitted only when necessary for documentable use requirements and must be designed with landscaping per TMC 18.44.060, "Vegetation Protection and Landscaping." Other fencing, when allowed, must be designed to complement the proposed and/or existing development materials and design; and Produced by the City of Tukwila, City Clerk's 0 ice Page ' °119 TITLE 18 — ZONING i. Where there are public trails, locate any fencing between the site and the landward side of the shoreline trail. 3. Design of Public Access. Development within the shoreline jurisdiction shall demonstrate compliance with the following: a. Public access shall be barrier free, where feasible, and designed consistent with the Americans with Disabilities Act. b. Public access landscape design shall use native vegetation, in accordance with the standards in TMC 18.44.060, "Vegetation Protection and Landscaping." Additional landscape features may be required where desirable to provide public/private space separation and screening of utility, service and parking areas. c. Furniture used in public access areas shall be appropriate for the proposed level of development, and the character of the surrounding area. For example, large urban projects should provide formal benches; for smaller projects in less-developed areas, simpler, less formal benches or suitable alternatives such as boulders are appropriate. d. Materials used in public access furniture, structures or sites shall be: (1) Durable and capable of withstanding exposure to the elements; (2) Environmentally friendly and take advantage of technology in building materials, lighting, paved surfaces, porous pavement, etc, wherever practical; and (3) Consistent with the character of the shoreline and the anticipated use. e. Public -Private Separation. (1) Public access facilities shall look and feel welcoming to the public, and not appear as an intrusion into private property. (2) Natural elements such as logs, grass, shrubs, and elevation separations are encouraged as means to define the separation between public and private space. 4. Design of Flood Walls. The exposed new floodwalls should be designed to incorporate brick or stone facing, textured concrete block, design elements formed into the concrete or vegetation to cover the wall within 3 years of planting. (Ord, 2827 §24, 2020) 18.44.100 Shoreline Restoration A. Shoreline Substantial Development Permit Not Required. Shoreline restoration projects shall be allowed without a Shoreline Substantial Development Permit when these projects meet the criteria established by WAC 173-27-040(2)(o) and (p) and RCW 90.58.580. B. Changes in Shoreline Jurisdiction Due to Restoration. 1. Relief may be granted from Shoreline Master Program standards and use regulations in cases where shoreline restoration projects result in a change in the location of the OHWM and associated Shoreline Jurisdiction on the subject property and/or adjacent properties, and where application of this chapter's regulations would preclude or interfere with the uses permitted by the underlying zoning, thus presenting a hardship to the project proponent. a. Applications for relief, as specified below, must meet the following criteria: (1) The proposed relief is the minimum necessary to relieve the hardship; (2) After granting the proposed relief, there is net environmental benefit from the restoration project; and (3) Granting the proposed relief is consistent with the objectives of the shoreline restoration project and with the Shoreline Master Program. (4) Where a shoreline restoration project is created as mitigation to obtain a development permit, the project proponent required to perform the mitigation is not eligible for relief under the provisions of this section. b. The Department of Ecology must review and approve applications for relief. c. For the portion of property that moves from outside Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project, the City may consider the following, consistent with the criteria in TMC 18.44.100.B.1.a. (1) permitting development for the full range of uses of the underlying zoning consistent with the Zoning Code, including uses that are not water oriented; (2) waiving the requirement to obtain a shoreline substantial development permit if it is otherwise exempt from the requirement for a substantial development permit; (3) waiving the provisions for public access; (4) waiving the requirement for shoreline design review; and (5) waiving the development standards set forth in this chapter. d. The intent of the exemptions identified in TMC 18.44.100.B.1.c.(1) through 18.44.100.B.1.c.(5) is to implement the restoration projects of the Shoreline Master Program Restoration Plan, which reflects the projects identified in the Water Resource Inventory Area (WRIA) 9 Plan pursuant to Goals and Policies 5.2 of the Tukwila Comprehensive Plan. 2. Consistent with the provisions of TMC 18.44.100.B.1.a, 1.b and 1.c, the Shoreline Residential Environment, High Intensity, Urban Conservancy Environment Shoreline Buffer width may be reduced to no less than 25 feet measured from the new location of the OHWM for the portion of the property that moves from outside the Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project, subject to the following standards: a. The 25 -foot buffer area must be vegetated according to the requirements of TMC 18.44.060, "Vegetation Protection and Landscaping," or as otherwise approved by the City; and b. The proponents of the restoration project are responsible for the installation and maintenance of the vegetation. Produce `•° the City of Tukwila, City Clerk's Office Page 18-120 TITLE 18 — ZONING 3. The habitat restoration project proponents must record with King County a survey that identifies the location of the OHWM location prior to implementation of the shoreline restoration project, any structures that fall within the Shoreline Jurisdiction, and the new location of the OHWM once construction of the shoreline restoration project is completed. 4. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers and Washington State Department of Fish and Wildlife approvals as well as written approval from the City. C. Shoreline Restoration Building Height Incentive. 1. Consistent with provisions in TMC 18.44.050.0, building heights within shoreline jurisdiction may be increased if the project proponent provides additional restoration and/or enhancement of the shoreline buffer, beyond what may otherwise be required in accordance with the standards of TMC 18.44.060, "Vegetation Protection and Landscaping." Additional restoration and/or enhancement shall include: a. creation of shallow -water (maximum slope 5H:1V) off channel rearing habitat and/or b. removal of fish passage barriers to known or potential fish habitat, and restoration of the barrier site. (Ord. 2627 25, 2020) 18.44.110 Administration A. Applicability of Shoreline Master Program and Substantial Development Permit. 1. Development in the Shoreline Jurisdiction. Based on guidelines in the Shoreline Management Act (SMA) for a Minimum Shoreline Jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows: The Tukwila Shoreline Jurisdiction includes the channel of the Green/Duwamish River, its banks, the upland area which extends from the OHWM landward for 200 feet on each side of the river, floodways and all associated wetlands within its floodplain. The floodway shall not include those lands that have historically been protected by flood control devices and therefore have not been subject to flooding with reasonable regularity. 2. Applicability. The Tukwila SMP applies to uses, change of uses, activities or development that occurs within the above -defined Shoreline Jurisdiction. All proposed uses and development occurring within the Shoreline Jurisdiction must conform to RCW 90.58, the SMA, and this chapter whether or not a permit is required. B. Relationship to Other Codes and Regulations. 1. Compliance with this Master Program does not constitute compliance with other federal, state, and local regulations and permit requirements that may apply. The applicant is responsible for complying with all other applicable requirements. 2. Where this Master Program makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply. 3. In the case of any conflict between any other federal, state, or local law and this Master Program, the provision that is most protective of shoreline resources shall prevail, except when constrained by federal or state law, or where specifically provided in this Master Program. 4. Relationship to Critical Areas Regulations: (a) For protection of critical areas where they occur in shoreline jurisdiction, this Master Program adopts by reference the City's Critical Areas Ordinance, which is incorporated into this Master Program with specific exclusions and modifications in TMC 18.44.070. (b) All references to the Critical Areas Ordinance are for the version adopted March 2, 2020. Pursuant to WAC 173- 26-191(2)(b), amending the referenced regulations in the Master Program for those critical areas under shoreline jurisdiction will require an amendment to the Master Program and approval by the Department of Ecology. (c) Within shoreline jurisdiction, the Critical Areas Ordinance shall be liberally construed together with this Master Program to give full effect to the objectives and purposes of the provisions of this Master Program and RCW 90.58. C. Developments not required to obtain shoreline permits or local reviews. Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following as described in WAC 173-27-044 and WAC 173-27-045: Produced by the City of Tukwila, City Clerk's Office Page V721 TITLE 18 — ZONING 1. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to RCW 70.105D, or to the Department of Ecology when it conducts a remedial action under RCW 70.105D. 2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. 3. WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review. 4. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045. 5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to RCW 80.50. D. Substantial Development Permit Requirements. 1. Permit Application Procedures. Applicants for a Shoreline Substantial Development Permit shall comply with permit application procedures in TMC 18.104. 2. Exemptions. a. To qualify for an exemption, the proposed use, activity or development must meet the requirements for an exemption as described in WAC 173-27-040, except for properties that meet the requirements of the Shoreline Restoration Section, TMC 18.44.100. The purpose of a shoreline exemption is to provide a process for uses and activities which do not trigger the need for a Substantial Development Permit, but require compliance with all provisions of the City's SMP and overlay district. b. The Director may impose conditions to the approval of exempted developments and/or uses as necessary to assure compliance of the project with the SMA and the Tukwila SMP, per WAC 173-27-040(e). For example, in the case of development subject to a building permit but exempt from the shoreline permit process, the Building Official or other permit authorizing official, through consultation with the Director, may attach shoreline management terms and conditions to building permits and other permit approvals pursuant to RCW 90.58.140. 3. A substantial development permit shall be granted only when the development proposed is consistent with: a. The policies and procedures of the Shoreline Management Act; b. The provisions of WAC 173-27; and c. This Shoreline Master Program. E. Shoreline Conditional Use Permit. 1. Purpose. As stated in WAC 173-27-160, the purpose of a Conditional Use Permit (CUP) is to allow greater flexibility in the application of use regulations of this chapter in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the City or the Department of Ecology to prevent undesirable effects of the proposed use and/or assure consistency of the project with the SMA and the City's SMP. Uses which are specifically prohibited by the Shoreline Master Program shall not be authorized with approval of a CUP. 2. Application. Shoreline Conditional Use Permits are a Type 3 Permit processed under TMC 18.104. 3. Application requirements. Applicants must meet all requirements for permit application and approvals indicated in TMC 18.104 and this chapter. 4. Approval Criteria. a. Uses classified as shoreline conditional uses may be authorized, provided that the applicant can demonstrate all of the following: (1) The proposed use will be consistent with the policies of RCW 90.58.020 and the policies of the Tukwila Shoreline Master Program; (2) The proposed use will not interfere with the normal public use of public shorelines; (3) The proposed use of the site and design of the project will be compatible with other permitted uses within the area and with uses planned for the area under the Comprehensive Plan and this chapter; (4) The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and (5) The public interest suffers no substantial detrimental effect. b. In the granting of all Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Conditional Use Permits were granted to other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58 and all local ordinances and shall not produce substantial adverse effects to the shoreline environment. F. Shoreline Variance Permits. 1. Purpose. The purpose of a Shoreline Variance Permit is strictly limited to granting relief from specific bulk, dimensional, or performance standards set forth in this chapter where there are extraordinary or unique circumstances relating to the physical character or configuration of property such that the strict implementation of this chapter will impose unnecessary hardships on the applicant or thwart the Shoreline Management Act policies as stated in RCW 90.58.020. Reasonable use requests that are located in the shoreline must be processed as a variance, until such time as the Shoreline Management Act is amended to establish a process for reasonable uses. Variances from the use regulations of this chapter are prohibited. 2. Application requirements. Applicants must meet all requirements for a Type 3 permit application and approvals indicated in TMC 18.104. Produce j the City of Tukwila, City Clerk's Office Page 18-122 TITLE 18 — ZONING 3. Shoreline Variance Permits should be granted in circumstances where denial of a permit would result in inconsistencies with the policies of the Shoreline Management Act (RCW 90.58.020). In all instances, the applicant must demonstrate that extraordinary circumstances exist and the public interest will suffer no substantial detrimental effect. 4. Shoreline Variance Permits Landward of OHWM and Landward of Wetlands. A Shoreline Variance Permit for a use, activity or development that will be located landward of the ordinary high water mark and/or landward of any wetland may be authorized provided the applicant can demonstrate all of the following: a. The strict application of the bulk, dimensional, or performance standards set forth in this chapter preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by this chapter. b. The hardship for which the applicant is seeking the variance is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and not from the owner's own actions or deed restrictions; and that the variance is necessary because of these conditions in order to provide the owner with use rights and privileges permitted to other properties in the vicinity and zone in which the property is situated. c. The design of the project will be compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and SMP and will not cause adverse impacts to adjacent properties or the shoreline environment. d. The variance will not constitute a grant of special privilege not enjoyed by other properties in the area. e. The variance is the minimum necessary to afford relief. f. The public interest will suffer no substantial detrimental effect. g. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area such that the total of the variances would remain consistent with RCW 90.58.020 and not cause substantial adverse effects to the shoreline environment. 5. Shoreline Variance Permits Waterward of OHWM or Within Critical Areas. a. Shoreline Variance Permits for development and/or uses that will be located either waterward of the ordinary high water mark or within any critical area may be authorized only if the applicant can demonstrate all of the following: (1) The strict application of the bulk, dimensional or performance standards set forth in this Master Program preclude all reasonable permitted use of the property; (2) The proposal is consistent with the criteria established under TMC 18.44.110.F.4., "Approval Criteria;" and (3) The public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance. G. Non -Conforming Development. 1. Non -Conforming Uses. Any non -conforming lawful use of land that would not be allowed under the terms of this chapter may be continued as an allowed, legal, non -conforming use, defined in TMC 18.06 or as hereafter amended, so long as that use remains lawful, subject to the following: a. No such non -conforming use shall be enlarged, intensified, increased, moved or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this chapter except as authorized in TMC 18.66.120 or upon approval of a conditional use permit. b. If any such non -conforming use ceases for any reason for a period of more than 24 consecutive months, the non- conforming rights shall expire and any subsequent use shall conform to the regulations specified in this chapter for the shoreline environment in which such use is located, unless re-establishment of the use is authorized through a Shoreline Conditional Use Permit, which must be applied for within the two-year period when the non -conforming use ceases to exist. Water -dependent uses should not be considered discontinued when they are inactive due to dormancy, or where the use is typically seasonal. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown, the City may grant an extension of time beyond the 24 consecutive months using the criteria set forth in TMC 18.44.110.G.4. c. If a change of use is proposed to a use determined to be non -conforming by application of provisions in this chapter, the proposed new use must be a permitted use in this chapter or a use approved under a Type 2 permit.. For purposes of implementing this section, a change of use constitutes a change from one permitted or conditional use category to another such use category as listed within the Shoreline Use Matrix. d. A structure that is being or has been used for a non -conforming use may be used for a different non -conforming use only upon the approval of a Type 2 permit. Before approving a change in non -conforming use, the following findings must be made: (1) No reasonable alternative conforming use is practical. (2) The proposed use will be at least as consistent with the policies and provisions of the SMP and as compatible with the uses in the area as the non -conforming use. (3) The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose. (4) The structure(s) associated with the non- conforming use shall not be expanded in a manner that increases the extent of the non -conformity. (5) The change in use will not create adverse impacts to shoreline ecological functions and/or processes. (6) The applicant restores and/or enhances the entire shoreline buffer, including but not limited to, paved areas no longer in use on the property, to offset the impact of the change Produced by the City of Tukwila, City Clerk's Office Page 4P-1123 TITLE 18 — ZONING of use per the vegetation management standards of this chapter. This may include the restoration of paved areas to vegetated area if no longer in use. (7) The preference is to reduce exterior uses in the buffer to the maximum extent possible. 2. Non -Conforming Structures. Where a lawful structure exists on the effective date of adoption of this chapter that could not be built under the terms of this chapter by reason of restrictions on height, buffers or other characteristics of the structure, it may be continued as an allowed, legal structure so long as the structure remains otherwise lawful subject to the following provisions: a. Such structures may be repaired, maintained, upgraded and altered provided that: (1) The structure may not be enlarged or altered in such a way that increases its degree of nonconformity or increases its impacts to the functions and values of the shoreline environment except as authorized in TMC 18.66.120; and (2) If the structure is located on a property that has no reasonable development potential outside the shoreline buffer, there shall be no limit on the cost of alterations, provided the applicant restores and/or enhances the shoreline buffer from above the Ordinary High Water Mark to at least 12 feet landward of the top of the slope along the entire length of the subject property to meet the vegetation management standards of this chapter (TMC 18.44.060). If the structure is located on a property that has reasonable development potential outside the shoreline buffer, the cost of the alterations may not exceed an aggregate cost of 50% of the value of the building or structure in any 3 -year period based upon its most recent assessment, unless the amount over 50% is used to make the building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. (3) Maintenance or repair of an existing private bridge is allowed without a conditional use permit when it does not involve the use of hazardous substances, sealants or other liquid oily substances. b. Should such structure be destroyed by any accidental means, the structure may be reconstructed to its original dimensions and location on the lot provided application is made for permits within two years of the date the damage occurred and all reconstruction is completed within two years of permit issuance. In the event the property is redeveloped, such redevelopment must be in conformity with the provisions of this chapter. c. Should such structure be moved for any reason or any distance, it must be brought as closely as practicable into conformance with the applicable master program and the act. d. When a non -conforming structure, or structure and premises in combination, is vacated or abandoned for 24 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of this chapter. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown an extension of time beyond the 24 consecutive months may be granted using the criteria in TMC 18.44.110.G.4. e. Residential structures located in any Shoreline Residential Environment and in existence at the time of adoption of this chapter shall not be deemed nonconforming in terms of height, residential use, or location provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions, location and height, but may not be changed except as provided in the non -conforming uses section of this chapter. f. Single-family structures in the Shoreline Residential Environment that have legally non -conforming setbacks from the OHWM per the shoreline buffer shall be allowed to expand the ground floor only along the existing building line(s) as long as the existing distance from the nearest point of the structure to the OHWM is not reduced and the square footage of new intrusion into the buffer does not exceed 50% of the square footage of the current intrusion. As a condition of building permit approval, a landscape plan showing removal of invasive plant species within the entire shoreline buffer and replanting with appropriate native species must be submitted to the City. Plantings should be maintained through the establishment period. 3. For the purposes of this section, altered or partially reconstructed is defined as work that does not exceed 50% of the assessed valuation of the building over a three-year period. 4. Requests for Time Extension—Non-conforming Uses and Structures. a. A property owner may request, prior to the end of the two-year period, an extension of time beyond the two-year period. Such a request shall be considered as a Type 2 permit under TMC 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made that no reasonable alternative conforming use is practical; (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months; and (3) The applicant restores and/or enhances the shoreline buffer on the property to offset the impact of the continuation of the non -conforming use. For non -conforming uses, the amount of buffer to be restored and/or enhanced will be determined based on the percentage of the existing building used by the non -conforming use for which a time extension is being requested. Depending on the size of the area to be restored and/or enhanced, the Director may require targeted plantings rather than a linear planting arrangement. The vegetation management standards of TMC 18.44.060 shall be used for guidance on any restoration/enhancement. For non -conforming structures, for each six-month extension of time requested, 15% of the available buffer must be restored/enhanced. b. Conditions may be attached to the City -approved extension that are deemed necessary to assure compliance with the above findings, the requirements of the Shoreline Master Program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. Produce the City of Tukwila, City Clerk's Office Page 18-124 TITLE 18 — ZONING 5. Building Safety. Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a safe condition of any non -conforming building or part thereof declared to be unsafe by order of any City official charged with protecting the public safety. a. Alterations or expansion of a non -conforming structure that are required by law or a public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed. b. Alterations or expansions permitted under this section shall be the minimum necessary to meet the public safety concerns. 6. Non -Conforming Parking Lots. a. Parking lot regulations contained in this chapter shall not be construed to require a change in any aspect of a structure or facility that existed on the date of adoption of this chapter covered thereunder including parking lot layout, loading space requirements and curb -cuts, except as necessary to meet vegetation protection and landscaping standards consistent with TMC 18.44.110.G.7. b. If a change of use takes place or an addition is proposed that requires an increase in the parking area by an increment less than 100%, the requirements of this chapter shall be complied with for the additional parking area. c. If a property is redeveloped, a change of use takes place or an addition is proposed that requires an increase in the parking area by an increment greater than 100%, the requirements of this chapter shall be complied with for the entire parking area. An existing non -conforming parking lot, which is not otherwise subject to the requirements of this chapter, may be upgraded to improve water quality or meet local, state, and federal regulations provided the upgrade does not result in an increase in non -conformity. d. The area beneath a non -conforming structure may be converted to a contiguous parking lot area if the non- conforming structure is demolished and only when the contiguous parking is accessory to a legally established use. The converted parking area must be located landward of existing parking areas. 7. Non -Conforming Landscape Areas. a. Adoption of the vegetation protection and landscaping regulations contained in this chapter shall not be construed to require a change in the landscape improvements for any legal landscape area that existed on the date of adoption of this chapter, unless and until the property is redeveloped or alteration of the existing structure is made beyond the thresholds provided herein. b. At such time as the property is redeveloped or the existing structure is altered beyond the thresholds provided herein and the associated premises does not comply with the vegetation protection and landscaping requirements of this chapter, a landscape plan that conforms to the requirements of this chapter shall be submitted to the Director for approval. H. Revisions to Shoreline Permits. Revisions to previously issued shoreline permits shall be reviewed under the SMP in effect at the time of submittal of the revision, and not the SMP under which the original shoreline permit was approved and processed in accordance with WAC 173-27-100. I. Time Limits on Shoreline Permits. 1. Consistent with WAC 173-27-090, shoreline permits are valid for two years, and the work authorized under the shoreline permit must be completed in five years. Construction activity must begin within this two-year period. If construction has not begun within two years, a one-time extension of one year may be approved by the Director based on reasonable factors. The permit time period does not include the time during which administrative appeals or legal actions are pending or due to the need to obtain any other government permits and approvals for the project. 2. Upon a finding of good cause, based on the requirements and circumstances of a proposed project, and consistent with the City's Shoreline Master Program, the City may adopt a different time limit for a shoreline substantial development permit as part of an action on a shoreline substantial development permit. (Ord. 2678 §11 and §12, 2022: Ord. 2627 26, 2020) 18.44.120 Appeals Any person aggrieved by the granting, denying, or rescinding of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance may seek review from the Shorelines Hearings Board by filing a petition for review within 21 days of the date of filing of the decision as provided in RCW 90.58.140(6). (Or"d. 2627 „,527, 2020) Produced by the City of Tukwila, City Clerk's Office Page ' : ° 25 TITLE 18 — ZONING 18.44.130 Enforcement and Penalties A. Violations. The following actions shall be considered violations of this chapter: 1. To use, construct or demolish any structure, or to conduct clearing, earth -moving, construction or other development not authorized under a Substantial Development Permit, Conditional Use Permit or Variance Permit, where such permit is required by this chapter. 2. Any work which is not conducted in accordance with the plans, conditions, or other requirements in a permit approved pursuant to this chapter, provided that the terms or conditions are stated in the permit or the approved plans. 3. To remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter. 4. To misrepresent any material fact in any application, plans or other information submitted to obtain any shoreline use or development authorization. 5. To fail to comply with the requirements of this chapter. B. Enforcement. This chapter shall be enforced subject to the terms and conditions of TMC 8.45. C. Inspection Access. 1. For the purpose of inspection for compliance with the provisions of a permit or this chapter, authorized representatives of the Director may enter all sites for which a permit has been issued. 2. Upon completion of all requirements of a permit, the applicant shall request a final inspection by contacting the planner of record. The permit process is complete upon final approval by the planner. D. Penalties. 1. Any violation of any provision of the SMP, or failure to comply with any of the requirements of this chapter shall be subject to the penalties prescribed in TMC 8.45 and shall be imposed pursuant to the procedures and conditions set forth in that chapter. 2. Penalties assessed for violations of the SMP shall be determined by TMC 8.45.120. 3. It shall not be a defense to the prosecution for failure to obtain a permit required by this chapter, that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work, erroneously believed a permit had been issued to the property owner or any other person. 4. Penalties for Tree Removal: a. Each unlawfully removed or damaged tree shall constitute a separate violation. b. The amount of the penalty shall be $1,000 per tree or up to the marketable value of each tree removed or damaged as determined by an ISA certified arborist. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. c. Any illegal removal of required trees shall be subject to obtaining a tree permit and replacement with trees that meet or exceed the functional value of the removed trees. In addition, any shrubs and groundcover removed without City approval shall be replaced. d. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment may be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in TMC 18.44.060.B.4. E. Remedial Measures Required. In addition to penalties provided in TMC 8.45, the Director may require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Remedial measures must conform to the policies and guidelines of this chapter and the Shoreline Management Act. 2. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. F. Injunctive Relief. 1. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate this chapter or any rule or other provisions adopted or issued pursuant to this chapter, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. 2. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of the Master Program. G. Abatement. Any use, structure, development or work that occurs in violation of this chapter, or in violation of any lawful order or requirement of the Director pursuant to this section, shall be deemed to be a public nuisance and may be abated in the manner provided by the TMC 8.45.100. (Orr 267 §fi28, 2020) 18.44.140 Liability No provision of or term used in this chapter is intended to impose any duty upon the City or any of its officers or employees that would subject them to damages in a civil action. (rd, 2627 §29, 2020) Produce bl°Ljr the City of Tukwila, City Clerk's Office Page 18-126 TITLE 18 — ZONING CHAPTER 18.45 ENVIRONMENTALLY CRITICAL AREAS Sections: 18.45.010 18.45.020 18.45.030 18.45.040 18.45.070 18.45.075 18.45.080 18.45.090 18.45.100 18.45.110 18.45.120 18.45.130 18.45.140 18.45.150 18.45.155 18.45.158 18.45.160 18.45.170 18.45.180 18.45.190 18.45.195 18.45.197 18.45.200 18.45.210 18.45.220 Purpose Best Available Science Critical Area Applicability, Maps and Inventories Critical Areas Special Studies Critical Area Permitted Activities Mitigation Sequencing Wetlands Designations, Ratings and Buffers Wetlands Uses, Alterations and Mitigation Watercourse Designations, Ratings and Buffers Watercourse Alterations and Mitigation Areas of Potential Geologic Instability Designations, Ratings and Buffers Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation Coal Mine Hazard Areas Fish and Wildlife Habitat Conservation Areas — Designation, Mapping, Uses and Standards Special Hazard Flood Areas Vegetation Protection and Management Critical Area Master Plan Overlay Critical Areas Tracts and Easements Exceptions Time Limitation, Appeals and Vesting Violations Enforcement Recording Required Assurance Device Assessment Relief 18.45.010 Purpose A. The purpose of TMC 18.45 is to protect the environment, human life and property; to designate and classify ecologically critical areas including but not limited to regulated wetlands and watercourses and geologically hazardous areas and to protect these critical areas and their functions while also allowing for reasonable use of public and private property. These regulations are prepared to comply with the Growth Management Act, RCW 36.70A, to apply best available science according to WAC 365- 195-900 through 925 and to protect critical areas as defined by WAC 365-190-080. B. Standards are hereby established to meet the following goals of protecting environmentally critical areas: 1. Minimize developmental impacts on the natural functions of these areas. 2. Protect quantity and quality of water resources. 3. Minimize turbidity and pollution of wetlands and fish - bearing waters and maintain wildlife habitat. 4. Prevent erosion and the loss of slope and soil stability caused by the removal of trees, shrubs, and root systems of vegetative cover. 5. Protect the public against avoidable losses, public emergency rescue and relief operations cost, and subsidy cost of public mitigation from landslide, subsidence, erosion and flooding. 6. Protect the community's aesthetic resources and distinctive features of natural lands and wooded hillsides. 7. Balance the private rights of individual property owners with the preservation of environmentally critical areas. 8. Prevent the loss of wetland and watercourse function and acreage, and strive for a gain over present conditions. 9. Give special consideration to conservation or protection measures necessary to protect or enhance anadromous fisheries. 10. Incorporate the use of best available science in the regulation and protection of critical areas as required by the State Growth Management Act, according to WAC 365-195-900 through 365-195-925 and WAC 365-190-080. (Ord, 2625 §21, 2020) 18.45.020 Best Available Science A. Policies, regulations and decisions concerning critical areas shall rely on best available science to protect the functions of these areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitats. B. Nonscientific information may supplement scientific information, but is not an adequate substitution for valid and available scientific information. C. Incomplete or unavailable scientific information leading to uncertainty for permitting critical area impacts may require application of effective adaptive management on a case by case basis. Adaptive management relies on scientific methods to evaluate how well regulatory or non -regulatory actions protect critical areas or replace their functions. (Ord., ,A 625 §22, 2020) 18.45.030 Critical Area Applicability, Maps, and Inventories A. APPLICABILITY. The provisions of TMC 18.45 shall apply to all land uses and all development activities in a critical area or a critical area buffer as defined in the "Definitions" chapter of this title. The provisions of TMC 18.45 apply whether or not a permit or authorization is required within the City of Tukwila. No person, company, agency, or applicant shall alter a critical area or buffer except as consistent with the purposes and requirements of TMC 18.45. The following are critical areas regulated by TMC 18.45: 1. Coal Mine Hazard Areas; 2. Areas of potential geologic instability: Class 2, 3, 4 areas (as defined in the Definitions chapter of this title and TMC 18.45.120.A); 3. Wetlands; 4. Watercourses; Produced by the City of Tukwila, City Clerk's Office Page ' : " 27 TITLE 18 — ZONING 5. Fish and Wildlife Habitat Conservation Areas; and 6. Special Hazard Flood Areas (see TMC 16.52 for additional regulations). B. Areas of seismic instability are identified as critical areas by the Growth Management Act and are defined and regulated through the Washington State Building Code. C. In the event of a conflict between this TMC 18.45 and any other laws, regulations, ordinances or restrictive covenants, the provision that imposes greater restrictions or higher standards upon the development or use of land shall prevail. D. CRITICAL AREAS MAPS AND INVENTORIES. 1. The distribution of many critical areas and potential critical areas in Tukwila is displayed on the Critical Areas Maps, on file with the Department. These maps are based on site assessment of current conditions and review of the best available scientific data and are hereby adopted by reference. Not all critical areas are shown on the map. Thus it is the responsibility of property owners and applicants to verify actual presence or absence of a critical area or critical area buffer based on the definitions in this code. Applicant is also responsible for delineation and categorization of potential wetland based on methodology required under TMC 18.45.080 and verifying that watercourse typing and location is consistent with TMC 18.45.100. 2. Studies, preliminary inventories and ratings of potential critical areas are on file with the Department of Community Development. 3. As new environmental information related to critical areas becomes available, the Director is hereby designated to periodically add, remove, or alter new information to the Critical Areas Maps. Removal of any information from the Critical Areas Maps is a Type 1 decision as described in TMC Chapter 18.108. (Ord. 2625 §23, 2020) 18.45.040 Critical Area Special Studies A. Application Required. An applicant for a development proposal within a parcel that may include a critical area and/or its buffer shall submit those studies as required by the City and specified within this section to adequately identify and evaluate the critical area and its buffers. 1. A required critical area study shall be prepared by a person with experience and training in the scientific discipline appropriate for the relevant critical area as outlined within this section and in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in ecology or related science, environmental studies, fisheries, geotechnical or related field, and two years of related work experience. a. A qualified professional for Fish and Wildlife Habitat Conservation Areas must have a degree in ecology or related sciences and professional experience related to the subject species. b. A qualified professional for wetland critical area studies must be a certified Professional Wetland Scientist or a Wetland Scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the approved federal manual and applicable regional supplements, preparing wetland reports, conducting functional assessments, and developing and implementing mitigation plans. c. A qualified professional for a geological hazard study must be a professional geotechnical engineer as defined in the Definitions chapter of this title, licensed in the state of Washington. d. A qualified professional for watercourses and frequently flooded areas means a hydrologist, fisheries biologist, engineer or other scientist with experience in preparing watercourse assessments. 2. The critical area study shall use scientifically valid methods and studies in the analysis of critical area data and shall use field reconnaissance and reference the source of science used. The critical area study shall evaluate the proposal and all probable impacts to critical areas. B. Wetland and Watercourse Critical Area Studies. Wetland and watercourse special studies are valid for five years following the date of the study, unless otherwise determined by the Director. The critical area study shall contain the following information, as applicable: 1. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; 2. A copy of the site plan for the development proposal showing: critical areas and buffers and the development proposal with dimensions, clearing limits, proposed storm water management plan, and mitigation plan for impacts due to drainage alterations; 3. The dates, names and qualifications of the persons preparing the study and documentation of any fieldwork performed on the site; 4. Identification and characterization of all critical areas, water bodies, and buffers on or adjacent to the proposed project area or potentially impacted by the proposed project as described in the following sections: a. Characterization of wetlands must include: (1) A wetland delineation report that includes methods used, field indicators evaluated and the results. Wetland delineation must be performed in accordance with approved federal wetland delineation manual and current applicable regional supplements. Field data forms are to be included in the report. Data collection points are to be shown on the site plan with their corresponding numbers indicated. After the City of Tukwila confirms the boundaries, they are to be professionally surveyed to the nearest square foot and the site plan modified as necessary to incorporate the survey data. Exact wetland acreage will be calculated after the boundaries have been surveyed. Applicant must submit electronic survey data in Autocad, GIS or similar format at the time of as -built submittal. (2) Cowardin (Classification of Wetlands and Deepwater Habitats of the U.S. — U.S. Department of Interior) classification of the wetland(s). Producelci the City of Tukwila, City Clerk's Office Page 18-128 TITLE 18 — ZONING (3) Hydrogeomorphic classification of the wetland(s). (4) Hydroperiod. (5) Brief landscape assessment of the wetland (identify hydrologic basin/sub-basin; inlets, outlets; surrounding land use; habitat quality and connectivity; ultimate point of discharge; presence of culverts or other constraints to flow; relationship to other wetlands/watercourses adjacent to or potentially impacted by the proposed project). (6) Description of buffer size per this chapter, conditions (topographic considerations, existing vegetation types and density, habitat features, watercourse edges, presence of invasive species, etc.) and functions. (7) Assessment. For proposed wetland filling or proposed projects that will impact buffers, the most current Washington Wetland Classification System shall be used as a functional assessment. b. Characterization of the watercourses on site, adjacent to or potentially impacted by the proposed project must include: (1) Description of: flow regime, physical characteristics of streambed, banks, dimensions and bank -full width, stream gradient, stream and buffer vegetation conditions, habitat conditions, and existing modifications. (2) Brief landscape assessment of the watercourse (identify hydrologic basin/sub-basin, and contributing basin area acreage, outlets, surrounding land use, habitat quality and connectivity, ultimate point of discharge, presence of culverts or other constraints to flow, presence of man-made or natural barriers to fish passage, relationship to wetlands or other watercourses adjacent to or potentially impacted by the proposed project, flow regime). (3) Classification of the watercourse under Tukwila's rating system. (4) Description of buffer size per this chapter, conditions (topographic considerations, existing vegetation types and density, habitat features, watercourse edges, presence of invasive species, etc.) and functions. (5) Description of habitat conditions, wildlife/fish use of the watercourse, including sensitive, threatened or endangered species. c. Citation of any literature or other resources utilized in preparation of the report. 5. A statement specifying the accuracy of the study and assumptions used in the study. 6. Determination of the degree of hazard and risk from the proposal both on the site and on adjacent properties. 7. An assessment of the probable cumulative impacts to critical areas, their buffers and other properties resulting from the proposal. 8. A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize and mitigate impacts to critical areas. 9. Plans for adequate mitigation to offset any impacts. 10. Recommendations for maintenance, short-term and long-term monitoring, contingency plans and bonding measures. 11. Any technical information required by the Director to assist in determining compliance with this chapter. C. Geotechnical Report. 1. A geotechnical report appropriate both to the site conditions and the proposed development shall be required for development in Class 2, Class 3, Class 4 areas, and any areas identified as Coal Mine Hazard Areas. 2. Geotechnical reports for Class 2 areas shall include at a minimum a site evaluation review of available information regarding the site and a surface reconnaissance of the site and adjacent areas potentially impacted by the proposed project. Subsurface exploration of site conditions is at the discretion of the geotechnical consultant. 3. Geotechnical reports for Class 3, Class 4 and Coal Mine Hazard Areas shall include a site evaluation review of available information about the site, a surface reconnaissance of the site and adjacent areas potentially impacted by the proposed project, a feasibility analysis for the use of infiltration on-site and a subsurface exploration of soils and hydrology conditions. Detailed slope stability analysis shall be done if the geotechnical engineer recommends it in Class 3 or Coal Mine Hazard Areas, and must be done in Class 4 areas. 4. Applicants shall retain a geotechnical engineer to prepare the reports and evaluations required in this subsection. The geotechnical report and completed site evaluation checklist shall be prepared in accordance with the generally accepted geotechnical practices, under the supervision of and signed and stamped by the geotechnical engineer. The report shall be prepared in consultation with the Community Development and Public Works Departments. 5. The opinions and recommendations contained in the report shall be supported by field observations and, where appropriate or applicable, by literature review conducted by the geotechnical engineer, which shall include appropriate explorations, such as borings or test pits, and an analysis of soil characteristics conducted by or under the supervision of the engineer in accordance with standards of the American Society of Testing and Materials or other applicable standards. If the evaluation involves geologic evaluations or interpretations, the report shall be reviewed and approved by a geotechnical engineer. D. Critical Area Study — Modifications to Requirements. 1. The Director may limit the required geographic area of the critical area study as appropriate if the applicant, with assistance from the City, cannot obtain permission to access properties adjacent to the project area. 2. The Director may allow modifications to the required contents of the study where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation. E. Review of Studies. The Department of Community Development will review and verify the information submitted in the critical area study to confirm the nature and type of the critical area. Produced by the City of Tukwila, City Clerk's Office Page ' : `129 TITLE 18 — ZONING The Public Works Department shall seek a peer review of the geotechnical report on Class 3 and 4 slopes; and peer review on Class 2 slopes may be required at the discretion of the Public Works Director. Peer review of the geotechnical reports shall be at the expense of the applicants. For all other critical areas and at the discretion of the Director, critical area studies may undergo peer review, at the expense of the applicant. (Ord..2625 § 24, 2020) 18.45.070 Critical Area Permitted Activities A. Outright Permitted Activities. The following activities are outright permitted subject to the provisions of TMC 21.04 and of the mitigation requirements of this chapter, if applicable: 1. Maintenance and repair of existing facilities provided no alteration or additional fill materials will be placed or heavy construction equipment used in the critical area or buffer. 2. Site exploration or research that does not include use of heavy equipment or native vegetation removal. 3. Maintenance and repair of essential streets, roads, rights-of-way, or utilities, and placement, maintenance, and repair of new fiberoptic utilities within existing improved and paved roads. 4. Actions to remedy the effects of emergencies that threaten the public health, safety or welfare. 5. Maintenance activities of existing landscaping and gardens in a critical area buffer including, but not limited, to mowing lawns, weeding, harvesting and replanting of garden crops and pruning and planting of vegetation. This provision does not apply to removal of established native trees and shrubs, or to the excavation, filling, and construction of new landscaping features, such as concrete work, berms and walls. 6. Voluntary native revegetation and/or removal of invasive species that does not include use of heavy equipment. The use of herbicide by a licensed contractor with certification as needed from the Washington Department of Ecology and the Washington Department of Agriculture is permitted but requires notification prior to application to the City and shall comply with TMC 18.45.158.E.3 B. Permitted Activities Subject to Administrative Review. The following uses may be permitted only after administrative review and approval of a Type 2 Special Permission application by the Director: 1. Maintenance and repair of existing uses and facilities where alteration or additional fill materials will be placed or heavy construction equipment used in the critical area or buffer. 2. New surface water discharges to critical areas or their buffers from detention facilities, pre -settlement ponds or other surface water management structures may be allowed provided that the discharge meets the clean water standards of RCW 90.48 and WAC 173-200 and 173-201A as amended, and does not adversely affect wetland hydrology or watercourse flow. Water quality monitoring may be required as a condition of use. 3. Construction of bioswales and dispersion trenches are the only stormwater facilities allowed in wetland or watercourse buffers. Water quality monitoring may be required as a condition of use. 4. Enhancement or other mitigation including landscaping with native plants that requires heavy equipment. 5. Construction or maintenance of essential utilities if designed to protect the critical area and its buffer against erosion, uncontrolled storm water, restriction of groundwater movement, slides, pollution, habitat disturbance, any loss of flood carrying capacity and storage capacity, and excavation or fill detrimental to the environment. 6. Construction or maintenance of essential public streets, roads and rights-of-way as defined by TMC 18.06.285, provided the following criteria are met: a. Are designed and maintained to prevent erosion and avoid restricting the natural movement of groundwater. b. Are located to conform to the topography so that minimum alteration of natural conditions is necessary. The number of crossings shall be limited to those necessary to provide essential access. c. Are constructed in a way that does not adversely affect the hydrologic quality of the wetland or watercourse and/or its buffer. Where feasible, crossings must allow for combination with other essential utilities. 7. Public/Private Use and Access. a. Public and private access shall be limited to trails, boardwalks, covered or uncovered viewing and seating areas, footbridges only if necessary for access to other areas of the property, and displays (such as interpretive signage or kiosks), and must be located in areas that have the lowest sensitivity to human disturbance or alteration. Access features shall be the minimum dimensions necessary to avoid adverse impacts to the critical area. Trails shall be no wider than 5 feet and are only allowed in the outer 25 percent of the buffer, except for allowed wetland or stream crossings. Crossings and trails must be designed to avoid adverse impacts to critical area functions. The Director may require mechanisms to limit or control public access when environmental conditions warrant (such as temporary trail closures during wildlife breeding season or migration season). b. Public access must be specifically developed for interpretive, educational or research purposes by, or in cooperation with, the City or as part of the adopted Tukwila Parks and Open Space Plan. Private footbridges are allowed only for access across a critical area that bisects the property. c. No motorized vehicle is allowed within a critical area or its buffer except as required for necessary maintenance, agricultural management or security. d. Any public access or interpretive displays developed along a critical area and its buffer must, to the extent possible, be connected with a park, recreation or open -space area. e. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary to protect critical areas and their buffers by limiting access to designated public use or interpretive areas. f. Access trails and footbridges must incorporate design features and materials that protect water quality and allow Produce bl°bjr the City of Tukwila, City Clerk's Office Page 18-130 TITLE 18 — ZONING adequate surface water and groundwater movement. Trails must be built of permeable materials. g. Access trails and footbridges must be located where they do not disturb nesting, breeding and rearing areas and must be designed so that sensitive plant and critical wildlife species are protected. Trails and footbridges must be placed so as to not cause erosion or sedimentation, destabilization of watercourse banks, interference with fish passage or significant removal of native vegetation. Footbridges must be anchored to prevent their movement due to water level or flow fluctuations. Any work in the wetland or stream below the OHWM will require additional federal and state permits. 8. Dredging, digging or filling may occur within a critical area or its buffer only with the permission of the Director provided it meets mitigation sequencing requirements and is permitted under TMC 18.45.090 (alteration of wetland), TMC 18.45.110 (alteration of watercourse), or TMC 18.45.120 and 18.45.130 (areas of geologic instability). Dredging, digging or filling shall only be permitted for flood control, improving water quality and habitat enhancement unless otherwise permitted by this chapter. (Ord, 2625 §25, 2020) 18.45.075 Mitigation Sequencing Applicants shall demonstrate that reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas and critical area buffers. When an alteration to a critical area or its required buffer is proposed, such alteration shall be avoided, minimized or compensated for in the following order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing critical area or critical area buffer impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 6. Monitoring the impact and taking appropriate corrective measures. (Oat. 2625 §26, 2020) 18.45.080 Wetlands Designations, Ratings and Buffers A. WETLAND DESIGNATIONS. 1. For the purposes of TMC 18.45, "wetlands" are defined in the Definitions chapter of this title. A wetland boundary is the line delineating the outer edge of a wetland established in accordance with the approved federal wetland delineation manual and applicable regional supplement. 2. Wetland determinations and delineation of wetland boundaries shall be made by a qualified professional, as described in TMC 18.45.040. 3. Wetland determinations and delineation or wetland boundaries must be conducted within no more than five years prior to the date of permit application. B. WETLAND RATINGS. Wetlands shall be designated in accordance with the Washington State Wetlands Rating System for Western Washington (Washington State Department of Ecology, 2014, Publication # 14-06-029); or as otherwise amended by Ecology, as Category I, II, III, or IV. C. WETLAND BUFFERS. The purpose of the buffer area shall be to protect the integrity and functions of the wetland area. Any land alteration must be located out of the buffer areas as required by this section. Wetland buffers are intended in general to: 1. Minimize long-term impacts of development on properties containing wetlands; 2. Protect wetlands from adverse impacts during development; 3. Preserve the edge of the wetland and its buffer for its critical habitat value; 4. Provide an area to stabilize banks, to absorb overflow during high water events and to allow for slight variation of aquatic system boundaries over time due to hydrologic or climatic effects; 5. Reduce erosion and increased surface water runoff; 6. Reduce loss of or damage to property; 7. Intercept fine sediments from surface water runoff and serve to minimize water quality impacts; and 8. Protect the critical area from human and domestic animal disturbances. D. BUFFER REQUIREMENTS. Buffer widths in Table 18.45.080-1 have been established in accordance with the best available science. They are based on the category of wetland and the habitat score. Produced by the City of Tukwila, City Clerk's 0 ice Page 3 1 TITLE 18 — ZONING Table 18.45.080-1— Wetland Buffer Widths CO) A re atively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any nearby Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 18.45.080-1 may be used with the required measures in Table 18.45.080-2 alone. Table 18.45.080-2 — Required Measures to Minimize Impacts to Wetlands Disturbance ' Wetland buffer width (feet), Ecology 2014,' high- ntensity land use impact Category Habitat Habitat score Habitat Habitat Habitat score Habitat score score score score <6 <6 6-7 6-7 8-9 8_9 • Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted. Also, 100 feet vegetated corridor between wetland and any nearby Priority Habitats is maintained (see footnote 1) Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted. Also, 100 feet vegetated corridor between wetland and any nearby Priority Habitats is maintained. (see footnote 1) I 100 75 150 110 300 225 II 100 75 150 110 300 225 III 80 60 150 110 300 225 IV 50 40 50 40 50 40 CO) A re atively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any nearby Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 18.45.080-1 may be used with the required measures in Table 18.45.080-2 alone. Table 18.45.080-2 — Required Measures to Minimize Impacts to Wetlands Disturbance ' Required Measures to Minimize Impacts; Lights • Direct lights away from wetland Noise • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10 -foot heavily vegetated buffer strip immediately adjacent to the outer edge of wetland buffer Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use Low Intensity Development (LID) techniques where appropriate (for more information refer to the drainage ordinance and manual) Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust Produce the City of Tukwila, City Clerk's Office Page 18-132 TITLE 18 — ZONING E. BUFFER SETBACKS. 1. All commercial and industrial buildings shall be set back 15 feet and all other development shall be set back 10 feet from the buffer's edge. The building setbacks shall be measured from the foundation to the buffer's edge. Building plans shall also identify a 20 -foot area beyond the buffer setback within which the impacts of development will be reviewed. 2. The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the buffer from construction or occasional maintenance activities. F. VARIATION OF STANDARD WETLAND BUFFER WIDTH. 1. Buffer averaging may be allowed by the Director as a Type 2 permit if the total area of the buffer after averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than either 3/4 of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater, and so long as the following criteria is met: a. The wetland has significant differences in characteristics that affect its habitat functions, and the buffer is increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the wetland and decreased adjacent to the lower -functioning or less -sensitive portion as demonstrated by a critical areas report. b. There are no feasible alternatives to the site design that could be accomplished without buffer averaging, and the averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report. c. Compliance with mitigation sequencing requirements (TMC 18.45.075). d. Compliance with TMC 18.45, "Vegetation Protection and Management" section. e. Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan along with financial guarantee in accordance with this chapter. 2. Interrupted Buffer. Waiver for interrupted buffer may be allowed by the Director as a Type 2 permit if it complies with the following: a. The buffer is interrupted by a paved public or private road; existing or future levee legally constructed adjacent to an off -channel habitat; legally constructed buildings or parking lots. This waiver does not apply to accessory structures such as sheds and garages; b. The existing legal improvement creates a substantial barrier to the buffer function; c. The interrupted buffer does not provide additional protection of the critical area from the proposed development; and d. The interrupted buffer does not provide significant hydrological, water quality and wildlife functions. This waiver does not apply if large trees or other significant native vegetation exists. e. Enhancement of remaining buffer is required if feasible. 3. Buffers for all types of wetlands will be increased when they are determined to be particularly sensitive to disturbance or the proposed development will create unusually adverse impacts. Any increase in the width of the buffer shall be required only after completion of a wetland study by a qualified wetlands professional or expert that documents the basis for such increased width. An increase in buffer width may be appropriate when: a. The development proposal has the demonstrated potential for significant adverse impacts upon the wetland that can be mitigated by an increased buffer width; or; b. The area serves as a habitat for endangered, threatened, sensitive or monitor species listed by the federal government or the State. (Ord. 2625 §27, 2020) 18.45.090 Wetlands Uses, Alterations and Mitigation A. No use or development may occur in a wetland or its buffer except as specifically allowed by TMC 18.45. Any use or development allowed is subject to review and approval by the Director. Where required, a mitigation plan must be developed and must comply with the standards of mitigation required in this chapter. Where unauthorized alterations occur within a critical area or its buffer, the City will require the applicant to submit a critical area study, that includes mitigation, subject to approval. The applicant shall be responsible for implementing the mitigation and for additional penalties as determined by the Director. In addition, federal and/or state authorization is required for direct impacts to waters of the United States or the State of Washington. B. ALTERATIONS. 1. Alterations to wetlands are discouraged and are limited to the minimum necessary for project feasibility. Requests for alterations must be accompanied by a mitigation plan, are subject to Director approval, and may be approved only if the following findings are made: a. The alteration complies with mitigation sequencing requirements (TMC 18.45.075); b. The alteration will not adversely affect water quality; c. The alteration will not adversely affect fish, wildlife, or their habitat; d. The alteration will not have an adverse effect on drainage and/or storm water detention capabilities; e. The alteration will not lead to unstable earth conditions or create an erosion hazard or contribute to scouring actions; f. The alteration will not be materially detrimental to any other property; g. The alteration will not have adverse effects on any other critical areas; and h. Complies with the maintenance and monitoring requirements listed within this section. 2. Alterations are not permitted to Category I and II wetlands unless specifically exempted under the provisions of this chapter. Produced by the City of Tukwila, City Clerk's Office Page ' " 33 TITLE 18 — ZONING 3. Alterations to Category III and IV wetlands are allowed only where unavoidable and adequate mitigation is carried out in accordance with the standards of this section. 4. Alterations to isolated Category IV wetlands less than 1,000 square feet in size that meet all of the following conditions are allowed where adequate mitigation is carried out in accordance with the standards of this section. a. They are not associated with a riparian corridor; b. They are not associated with Shorelines of the State or their associated buffers; c. They are not part of a wetland mosaic; d. They do not contain habitat identified as essential for local populations of priority species identified by the Washington State Department of Fish and Wildlife; and e. They do not score 6 points or greater for habitat in the Western Washington Wetland Rating System. C. MITIGATION STANDARDS. 1. Types of Wetland Mitigation: a. Mitigation for wetlands shall follow the mitigation sequencing steps in this chapter and may include the following types of actions in order of decreasing preference: (1) Restoration: (a) Re-establishment. The manipulation of the physical, chemical or biological characteristics of a site with the goal of restoring wetland functions to a former wetland, resulting in a net increase in wetland acres and functions. (b) Rehabilitation. The manipulation of the physical, chemical or biological characteristics of a site with the goal of repairing historic functions and processes of a degraded wetland, resulting in a gain in wetland functions but not acreage. (2) Creation (establishment). The manipulation of the physical, chemical or biological characteristics to develop a wetland on an upland or deepwater site, where a biological wetland did not previously exist. (3) Enhancement. The manipulation of the physical, chemical or biological characteristics to heighten, intensify, or improve specific functions (such as vegetation) or to change the growth stage or composition of the vegetation present, resulting in a change in wetland functions but not in a gain in wetland acreage. (4) A combination of the three types of actions listed above. b. Required mitigation ratios are described in TMC 18.45.090.C.1.b.(1)-(4) (below). Alternate mitigation ratios may be accepted by the Director upon presentation of justification based on best available science that shows the proposed compensation represents a roughly proportional exchange for the proposed impacts. (1) Alterations are not permitted to Category I or II wetlands unless specifically exempted under the provisions of this program. When alterations are allowed, mitigation ratios for Category I wetlands shall be at a 4:1 for creation or re- establishment, 8:1 for rehabilitation, and 16:1 for enhancement. Mitigation ratios for Category II wetlands shall be at 3:1 for creation or re-establishment, 6:1 for rehabilitation and 12:1 for enhancement. Creation or re-establishment shall be contiguous to the wetland, unless an exception is authorized by the Director. For Category II estuarine wetlands, re-establishment, creation and enhancement ratios will be decided on a case-by-case basis. (2) Alterations to Category III wetlands are prohibited except where unavoidable and mitigation sequencing in accordance with this chapter has been utilized and where mitigation is carried out in accordance with the standards in the section. Mitigation for any alteration to a Category III wetland must be provided at a ratio of 2:1 for creation or re-establishment, 4:1 for rehabilitation and 8:1 for enhancement alone. (3) Mitigation for alteration to a Category IV wetland will be 1.5:1 for creation or re-establishment, 3:1 for rehabilitation or 6:1 for enhancement. Where only a portion of a Category IV wetland is filled, the potential functionality of the remaining reduced wetland must be considered in mitigation planning. (4) Mitigation for alteration to wetland buffers will be 1:1. 2. The following shall be considered the minimum performance standards for approved wetland alterations: a. Wetland functions improved over those of the original conditions. b. Hydrologic conditions and hydroperiods are improved over existing conditions and the specific hydrologic performance standards specified in the approved mitigation plan are achieved. c. Square feet requirements for creation, reestablishment, rehabilitation or enhancement and for proposed wetland classes are met. d. Vegetation native to the Pacific Northwest is installed and vegetation survival and coverage standards over time are met and maintained. e. Habitat features are installed, if habitat is one of the functions to be improved. f. Buffer and bank conditions and functions exceed the original state. 3. Maintenance and monitoring of mitigation shall be done by the property owner for a period of no less than five years and for ten years when the mitigation plan includes establishing forested wetland and/or buffers. Maintenance shall be carried out in accordance with the approved mitigation plan. Monitoring reports must be submitted to the City for review with the frequency specified in the approved mitigation plan. D. WETLAND AND BUFFER MITIGATION LOCATION. 1. In instances where portions of a wetland or wetland buffer impacted by development remain after buffer averaging, mitigation for buffer impacts shall be provided on-site, if feasible. Where an essential public road, street or right-of-way or essential public utility cannot avoid buffer alterations, buffer enhancement must be carried out at other locations around the impacted wetland. 2. On-site mitigation for wetland impacts shall be provided, except where the applicant can demonstrate that: Produce the City of Tukwila, City Clerk's Office Page 18-134 TITLE 18 — ZONING a. On-site wetland mitigation is not scientifically feasible due to problems with hydrology, soils, waves or other factors; or b. Mitigation is not practical due to potentially adverse impact from surrounding land uses; or c. Existing functions created at the site of the proposed restoration are significantly greater than lost wetland functions; or d. Regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of mitigation at another site, and where off-site mitigation is demonstrated to provide a greater ecological benefit to the watershed. Refer to 2005 WRIA 9 Salmon Habitat Plan as it now reads and hereafter updated or amended, for potential offsite mitigation locations. 3. Purchase of mitigation credits through mitigation banks and in lieu fee programs is preferred over permittee responsible offsite mitigation. 4. The Community Development Director may approve, through a Type 2 decision, the transfer of wetland mitigation to a wetland mitigation bank or in -lieu fee program using the criteria in 4.a. through 4.f. below. Wetland mitigation bank credits shall be determined by the certified mitigation banking or in -lieu fee instrument. a. Off-site mitigation is proposed in a wetland mitigation bank that has been approved by all appropriate agencies, including the Department of Ecology, Corps of Engineers, EPA and certified under state rules; and b. The proposed wetland alteration is within the designated service area of the wetland bank; and c. The applicant provides a justification for the number of credits proposed; and d. The mitigation achieved through the number of credits required meets the intent of TMC 18.45; and e. The Director bases the decision on a written staff report, evaluating the equivalence of the lost wetland functions with the number of wetland credits required; and f. The applicant provides a copy of the wetland bank ledger demonstrating that the approved number of credits has been removed from the bank. 5. Where off-site mitigation location is proposed it shall comply with the following criteria: a. Mitigation sites located within the Tukwila City limits are preferred. b. Mitigation bank or in -lieu fee option is not feasible. c. The proposed mitigation will not alter or increase buffers on adjacent properties without their permission. 6. The Director may approve permittee -responsible offsite mitigation sites outside the city upon finding that: a. Adequate measures have been taken to ensure the non -development and long-term viability of the mitigation site; and b. Adequate coordination with the other affected local jurisdiction has occurred. c. The applicant has selected a site in a location where the targeted functions can reasonably be performed and sustained and has pursued sites in the following order of preference: (1) Sites within the immediate drainage sub - basin; (2) Sites within the next higher drainage sub - basin; and (3) Sites within Green/Duwamish River basin. 7. Wetland creation for restoration projects may only be approved if the applicant can show: (1) that the adjoining property owners are amenable to having wetland buffers extend onto or across their property; or (2) that the on-site wetland buffers are sufficient to protect the functions and values of the wetland and the project as a whole results in net environmental benefit. E. MITIGATION TIMING. Mitigation projects shall be completed prior to activities that will permanently disturb wetlands and either prior to or immediately after activities that will temporarily disturb wetlands. Construction of mitigation projects shall be timed to reduce impacts to existing wildlife, flora and water quality, and shall be completed prior to use or occupancy of the activity or development. The Director may allow activities that permanently disturb wetlands prior to implementation of the mitigation plan under the following circumstances: 1. To allow planting or re -vegetation to occur during optimal weather conditions; 2. To avoid disturbance during critical wildlife periods; or 3. To account for unique site constraints that dictate construction timing or phasing. F. WETLAND MITIGATION PLAN CONTENT. 1. The mitigation plan shall be developed as part of a critical area study by a qualified professional. Wetland and/or buffer alteration or relocation may be allowed only when a mitigation plan clearly demonstrates that the changes would be an improvement of wetland and buffer quantitative and qualitative functions. The plan shall show how water quality, habitat, and hydrology would be improved. 2. The scope and content of a mitigation plan shall be decided on a case-by-case basis taking into account the degree of impact and the extent of the mitigation measures needed. As the impacts to the critical area increase, the mitigation measures to offset these impacts will increase in number and complexity. 3. For wetlands, the format of the mitigation plan should follow that established in Wetland Mitigation in Washington State, Part 2 — Developing Mitigation Plans (Washington Department of Ecology, Corps of Engineers, EPA, March 2006 or as amended). 4. The components of a complete mitigation plan are as follows: a. Baseline information of quantitative data collection or a review and synthesis of existing data for both the project impact zone and the proposed mitigation site. b. Environmental goals and objectives that describe the purposes of the mitigation measures. This should include a Produced by the City of Tukwila, City Clerk's Office Page ' • ° 35 TITLE 18 — ZONING description of site selection criteria, identification of target evaluation species and resource functions. c. Performance standards of the specific criteria for fulfilling environmental goals and for beginning remedial action or contingency measures. They may include water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. d. A detailed construction plan of the written specifications and descriptions of mitigation techniques. This plan should include the proposed construction sequence, construction management and tree protection and be accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. e. A monitoring and/or evaluation program that outlines the performance standards and methods for assessing whether those performance standards are achieved during the specified monitoring period, at least 5 years. At a minimum, the monitoring plan should address vegetative cover, survival, and species diversity. Any project that alters the dimensions of a wetland or creates a new wetland shall also monitor wetland hydrology. An outline shall be included that spells out how the monitoring data will be evaluated by agencies that are tracking the mitigation project's progress. f. Contingency plan identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards have not been met. g. Performance security or other assurance devices as described in TMC 18.45.210. (Ord. 2625 §28, 2020) 18.45.100 Watercourse Designations, Ratings and Buffers A. WATERCOURSE RATINGS. Watercourse ratings are consistent with the Washington Department of Natural Resources water typing categories (WAC 222-16-030) or as amended, which are based on the existing habitat functions and classified as follows: 1. Type S Watercourse: Watercourses inventoried as Shorelines of the State, under RCW 90.58. These watercourses shall be regulated under TMC 18.44, Shoreline Overlay. 2. Type F Watercourse: Those watercourses that are known to be used by fish or meet the physical criteria to be potentially used by fish (as established in WAC 222-16-031(3) or as amended) and that have perennial (year-round) or seasonal flows. 3. Type Np Watercourse: Those watercourses that have perennial flows and do not meet the criteria of a Type F stream or have been proven not to contain fish using methods described in the Forest Practices Board Manual Section 13. 4. Type Ns Watercourse: Those watercourses that have intermittent flows (do not have surface flow during at least some portion of the year); do not meet the physical criteria of a Type F watercourse; or have been proven to not support fish using methods described in the Forest Practices Board Manual Section 13. B. WATERCOURSE BUFFERS. Any land alteration must be located out of the buffer areas as required by this section. Watercourse buffers are intended in general to: 1. Minimize long-term impacts of development on properties containing watercourses; 2. Protect the watercourse from adverse impacts during development; 3. Preserve the edge of the watercourse and its buffer for its critical habitat value; 4. Provide shading to maintain stable water temperatures and vegetative cover for additional wildlife habitat; 5. Provide input of organic debris and uptake of nutrients; 6. Provide an area to stabilize banks, to absorb overflow during high water events and to allow for slight variation of aquatic system boundaries over time due to hydrologic or climatic effects; 7. Reduce erosion and increased surface water runoff; 8. Reduce loss of, or damage to, property; 9. Intercept fine sediments from surface water runoff and serve to minimize water quality impacts; and 10. Protect the critical area from human and domestic animal disturbance. An undisturbed and high quality critical area or buffer may substitute for the yard setback and landscape requirements of TMC 18.50 and 18.52. C. WATERCOURSE BUFFER WIDTHS. The following buffer widths, measured from the Ordinary High Water Mark (OHWM), apply to each side of a watercourse. If the OHWM cannot be determined, then the buffer will be measured from the top of bank: 1. Type S Watercourse: Regulated under TMC 18.44, Shoreline Overlay. 2. Type F Watercourse: 100 -foot -wide buffer. 3. Type Np Watercourse: Standard 80 -foot -wide buffer; alternate buffer in the 50-65 range allowed with buffer enhancement. 4. Type Ns Watercourse: 50 -foot -wide buffer. D. BUFFER SETBACKS. 1. All commercial and industrial buildings shall be set back 15 feet and all other development shall be set back 10 feet. Building setbacks shall be measured from the foundation to the buffer's edge. Building plans shall also identify a 20 -foot area beyond the buffer setback within which the impacts of development will be reviewed. Produce `•'• the City of Tukwila, City Clerk's Office Page 18-136 TITLE 18 — ZONING 2. The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the buffer from construction or occasional maintenance activities. E. VARIATION OF STANDARD WATERCOURSE BUFFER WIDTH. 1. Buffer averaging may be allowed by the Director as a Type 2 decision if the total area of the buffer after averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than either 3/4 of the required width; and the following criteria is met: a. The watercourse has significant differences in characteristics that affect its habitat functions, and the buffer is increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the watercourse and decreased adjacent to the lower -functioning or less -sensitive portion as demonstrated by a critical areas report from a qualified professional. b. There are no feasible alternatives to the site design that could be accomplished without buffer averaging, and the averaged buffer will not result in degradation of the watercourse's functions and values as demonstrated by a critical areas report. c. Compliance with mitigation sequencing requirements (TMC 18.45.075). d. Compliance with TMC 18.45.158, "Vegetation Protection and Management." e. Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan, along with financial guarantee in accordance with this chapter. f. Buffer averaging shall not adversely affect water quality. g. No adverse affect to water temperature or shade potential will occur to the watercourse using methodology per 2011 Washington State Department of Ecology's Green River Temperature Total Maximum Daily Load (TMDL) assessment or as amended. 2. Interrupted Buffer. Waiver for interrupted buffer may be allowed by the Director as a Type 2 permit if it complies with the following: a. The buffer is interrupted by a paved public or private road; legally constructed buildings or parking lots. This waiver does not apply to accessory structures such as sheds and garages; b. The existing legal improvement creates a substantial barrier to the buffer function; c. The interrupted buffer does not provide additional protection of the critical area from the proposed development; and d. The interrupted buffer does not provide significant hydrological, water quality and wildlife functions. This waiver does not apply if large trees or other significant native vegetation exists. e. Enhancement of remaining buffer is required if feasible. 3. Buffers for all types of watercourses will be increased when they are determined to be particularly sensitive to disturbance or the proposed development will create unusually adverse impacts. Any increase in the width of the buffer shall be required only after completion of a watercourse study by a qualified professional or expert that documents the basis for such increased width. An increase in buffer width may be appropriate when: a. The development proposal has the demonstrated potential for significant adverse impacts upon the watercourse that can be mitigated by an increased buffer width; or b. The area serves as habitat for endangered, threatened, sensitive or monitor species listed by the federal government or the State. (Out 2625 §29, 2026) 18.45.110 Watercourse Alterations and Mitigation A. WATERCOURSE ALTERATIONS. No use or development may occur in a watercourse or its buffer except as specifically allowed by this chapter. Any use or development allowed is subject to the standards of this chapter. B. ALTERATIONS. Daylighting and meandering of watercourses is encouraged. Culvert replacement is required where applicable, and upgrades are required to meet State standards. Piping, dredging, diverting or rerouting is discouraged. Culverts are piped segments of streams that flow under a road, trail or driveway. Daylighting of a stream refers to taking a stream out of a pipe that is flowing underground, but not necessarily under a road. All watercourse alterations shall be carried out as specified by the State Department of Fish and Wildlife in accordance with an approved Hydraulic Project Approval (HPA). 1. The City encourages daylighting of a watercourse that is located in a pipe or meandering of a previously altered watercourse to restore the stream to a more natural and open condition. As an incentive for daylighting, the Director may approve reduced buffers or setbacks. Daylighting or meandering of a watercourse is only permitted if the following criteria are met: a. The values and functions of the watercourse are improved, including reducing stream flow during storm and flood events, and providing fish and wildlife habitat. b. No adverse impact to fish are expected to occur. c. Water quality is equal or better than existing condition. d. Hydraulic capacity is maintained within the new channel. e. The watercourse design complies with the Washington Department of Fish and Wildlife Water Crossing Design Guidelines Manual 2013 as it now reads and hereafter updated or amended. 2. On properties with culverts that are being developed or re -developed, or when stream crossings in public or private rights-of-way are being replaced, existing culverts that carry fish - bearing watercourses or those that could bear fish (based on the criteria in WAC 222-16-031, Washington Forest Practices Rules and Regulations) shall be upgraded to meet the standards in the Washington Department of Fish and Wildlife Water Crossing Design Guidelines Manual 2013, or as amended, if technically feasible. Any culvert replacement shall comply with the following criteria: Produced by the City of Tukwila, City Clerk's Office Page 4-537 TITLE 18 — ZONING a. The values and functions of the watercourse are improved including reducing stream flow during storm and flood events, and providing fish and wildlife habitat. b. No adverse impact to fish are expected to occur. c. Water quality is equal or better than existing condition. d. Hydraulic capacity is maintained within the new channel. e. The watercourse design complies with the Washington Department of Fish and Wildlife Water Crossing Design Guidelines manual 2013 as it now reads and hereafter updated or amended. 3. Piping, dredging, diverting or rerouting of any watercourse shall be avoided, if possible. Relocation of a watercourse or installation of a bridge is preferred to piping. If piping occurs in a watercourse, it shall be limited to the degree necessary for stream crossings for access. Additionally, these alterations may only occur with the permission of the Director as a Type 2 decision and subject to mitigation sequencing and an approved mitigation plan, and shall meet the following criteria: a. The watercourse alteration shall comply with the standards in current use and the standards of the Washington Department of Fish and Wildlife Water Crossing Design Guidelines Manual 2013 or as amended. b. The watercourse alteration shall not cause adverse impacts to fish, confine the channel or floodplain, or adversely affect riparian habitat (including downstream habitat). c. Maintenance dredging of watercourses shall be allowed only when necessary to protect public safety, structures and fish passage and shall be done as infrequently as possible. Long-term solutions such as stormwater retrofits are preferred over ongoing maintenance dredging. d. Stormwater runoff shall be detained and infiltrated to preserve the existing hydrology of the watercourse. e. All construction shall be designed to have the least adverse impact on the watercourse, buffer and surrounding environment. Construction shall minimize sedimentation through implementation of best management practices for erosion control. f. As a condition of approval, the Director may require water quality monitoring for stormwater discharges to streams, and additional treatment of stormwater if water quality standards are not being met. g. Where allowed, piping shall be limited to the shortest length possible as determined by the Director to allow access onto a property. h. Where water is piped for an access point, those driveways or entrances shall be consolidated to serve multiple properties where possible, and to minimize the length of piping. i. Piping shall not create an entry point for road runoff, create downstream scour, or cause erosion or sedimentation. j. Water quality must be as good or better for any water exiting the pipe as for the water entering the pipe, and flow must be comparable. C. MITIGATION STANDARDS. 1. The following shall be considered the minimum standards for approved mitigation projects: a. Maintenance or improvement of stream channel habitat and dimensions such that the fisheries habitat functions of the compensatory stream meet or exceed that of the original stream; b. Bank and buffer configuration restored to an enhanced state; c. Channel, bank and buffer areas replanted with native vegetation that improves upon the original condition in species diversity and density; d. Stream channel bed and biofiltration systems equivalent to or better than in the original stream; e. Original fish and wildlife habitat enhanced unless technically not feasible; and f. If onsite mitigation is not possible and to ensure there is no net loss of watercourse functions including, but not limited to, shading, the applicants may pay into an in -lieu fund, if available, to ensure that projects are fully mitigated. 2. Relocation of a watercourse shall not result in the new critical area or buffer extending beyond the development site and onto adjacent property without the written agreement of the affected property owners. D. MITIGATION TIMING. Department of Community Development -approved plans are Type 2 decisions and must have the mitigation construction completed before the existing watercourse can be modified. The Director may allow activities that permanently disturb a watercourse prior to implementation of the mitigation plan under the following circumstances: 1. To allow planting or re -vegetation to occur during optimal weather conditions; or 2. To avoid disturbance during critical wildlife periods; or 3. To account for unique site constraints that dictate construction timing or phasing. E. MITIGATION PLAN CONTENT. All impacts to a watercourse that degrade the functions of the watercourse or its buffer shall be avoided. If alteration to the watercourse or buffer is unavoidable, all adverse impacts resulting from a development proposal or alteration shall be mitigated in accordance with an approved mitigation plan as described below. 1. Mitigation plans shall be completed for any proposals of dredging, filling, diverting, piping and rerouting of watercourses or buffer impacts and shall be developed as part of a critical area study by a qualified professional. The plan must show how water quality, treatment, erosion control, pollution reduction, wildlife and fish habitat, and general watercourse quality would be improved. 2. The scope and content of a mitigation plan shall be decided on a case-by-case basis taking into account the degree of impact and extent of mitigation measures needed. As the impacts to the watercourse or its buffer increase, the mitigation plan to offset these impacts will increase in extent and complexity. Produce `•'• the City of Tukwila, City Clerk's Office Page 18-138 TITLE 18 — ZONING 3. The components of a complete mitigation plan are as follows: a. Baseline information including existing watercourse conditions such as hydrologic patterns/flow rates, stream gradient, bank full width, stream bed conditions, bank conditions, fish and other wildlife use, in -stream structures, riparian conditions, buffer characteristics, water quality, fish barriers and other relevant information. b. Environmental goals and objectives that describe the purposes of the mitigation measures. This should include a description of site selection criteria, identification of target evaluation species and functions. c. Performance standards for fulfilling environmental goals and objectives and for triggering remedial action or contingency measures. Performance standards may include water quality standards, species richness and diversity targets, habitat diversity indices, creation of fish habitat, or other ecological, geological or hydrological criteria. d. Detailed construction plan of the written specifications and descriptions of mitigation techniques. This plan should include the proposed construction sequence and construction management, and be accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. e. Monitoring and/or evaluation program that outlines the approach for assessing a completed project. At least five years of monitoring is required. An outline shall be included that spells out how the monitoring data will be evaluated by agencies that are tracking the mitigation project's process. For projects that discharge stormwater to a stream, the Director may require water quality monitoring. f. Contingency plan identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards have not been met. g. Performance security or other assurance devices as described in TMC 18.45.210. (Ord 2625 §3O, 2020) 18.45.120 Areas of Potential Geologic Instability Designations, Ratings and Buffers A. DESIGNATION. Potential areas of geologic instability include areas of potential erosion and landslide hazards. Areas of potential geologic instability are classified as follows: 1. Class 1 areas, which have a slope of less than 15%; 2. Class 2 areas, which have a slope between 15% and 40%, and which are underlain by relatively permeable soils; 3. Class 3 areas, which include areas sloping between 15% and 40%, and which are underlain by relatively impermeable soils or by bedrock, and which also include all areas sloping more steeply than 40%; 4. Class 4 areas, which include sloping areas with mappable zones of groundwater seepage, and which also include existing mappable landslide deposits regardless of slope. B. MAPPING. 1. The approximate location, extent, and designation of areas of potential geologic instability are depicted in the City's Critical Areas Map. Actual boundaries and designations shall be determined by a qualified professional on a site-specific basis. 2. In addition to the City's Critical Areas Map, the following publicly available mapping information may be used to determine appropriate designations: a. For historic landslides, areas designated as quaternary slumps, earthflows, mudflows, or landslides on maps published by the U.S. Geological Survey or the WDNR Division of Geology and Earth Resources; b. For potential or historic landslides, those areas mapped by the WDNR (slope stability mapping) as unstable (U or Class 3), unstable old slides (UOS or Class 4), or unstable recent slides (URS or Class 5); c. For soil characteristics, the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) Official Soil Survey Data; and d. For general instability, those areas mapped by the NRCS as having a significant limitation for building site development. C. BUFFERS. The buffers for areas of potential geologic instability are intended to: 1. Minimize long-term impacts of development on properties containing critical areas; 2. Protect critical areas from adverse impacts during development; 3. Prevent loading of potentially unstable slope formations; 4. Protect slope stability; 5. Provide erosion control and attenuation of precipitation surface water and stormwater runoff; and 6. Reduce loss of or damage to property. D. Each development proposal containing or threatened by an area of potential geologic instability Class 2 or higher shall be subject to a geotechnical report pursuant to the requirements of TMC 18.45.040.C. The geotechnical report shall analyze and make recommendations on the need for and width of any setbacks or buffers necessary to achieve the goals and requirements of this chapter. Development proposals shall then include the buffer distances as defined within the geotechnical report. (Orr. 2625 §3i,'020) 18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation A. GENERAL. The uses permitted in the underlying zoning district may be undertaken on sites that contain areas of potential Produced by the City of Tukwila, City Clerk's Office Page 1 8'139 TITLE 18 — ZONING geologic instability subject to the standards of this section and the recommendations of a geotechnical study. B. EXEMPTIONS. The following areas are exempt from regulation as geologically hazardous areas: 1. Temporary stockpiles of topsoil, gravel, beauty bark or other similar landscaping or construction materials; 2. Slopes related to materials used as an engineered pre -load for a building pad; 3. Roadway embankments within right-of-way or road easements; and 4. Slopes retained by approved engineered structures. C. ALTERATIONS. 1. Prior to permitting alteration of an area of potential geologic instability, the applicant must demonstrate one of the following: a. There is no evidence of past instability or earth movement in the vicinity of the proposed development, and, where appropriate, quantitative analysis of slope stability indicates no significant risk to the proposed development or surrounding properties; or b. The area of potential geologic instability can be modified or the project can be designed so that any potential impact to the project and surrounding properties is eliminated, slope stability is not decreased, and the increase in surface water discharge or sedimentation shall not decrease slope stability. 2. Where any portion of an area of potential geologic instability is cleared for development, a landscaping plan for the site shall include replanting of preferably native trees (an equal mix of evergreen and deciduous), shrubs and groundcover. The landscaping plan must be approved by the Director. Replacement vegetation shall be sufficient to provide erosion and stabilization protection. 3. Critical facilities shall not be sited within or below an area of potential geologic instability unless there is no practical alternative (demonstrated by the applicant). 4. Land disturbing activities in an area of potential geologic instability shall provide for storm water quality and quantity control, including preparation of a TESC and permanent drainage plan prepared by a professional engineer licensed in Washington. 5. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an area of potential geologic instability or its buffer shall be prohibited. When permitted as part of an approved alteration, vegetation removal shall be minimized to the extent practicable. 6. Surface drainage, including downspouts, shall not be directed across the face of an area of potential geologic instability; if drainage must be discharged from the top of a hazard to its toe, it shall be collected above the top and directed to the toe by tight line drain, and provided with an energy dissipative device at the toe for discharge to a swale or other acceptable natural drainage areas. 7. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography (minimize grading/cut and fill to amount necessary). 8. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties. D. DISCLOSURES, DECLARATIONS AND COVENANTS. 1. It shall be the responsibility of the applicant to submit, consistent with the findings of the geotechnical report, structural plans that were prepared and stamped by a structural engineer. The plans and specifications shall be accompanied by a letter from the geotechnical engineer who prepared the geotechnical report stating that in his/her judgment the plans and specifications conform to the recommendations in the geotechnical report, the risk of damage to the proposed development site from soil instability will be minimal subject to the conditions set forth in the report, and the proposed development will not increase the potential for soil movement. 2. Further recommendations signed and sealed by the geotechnical engineer shall be provided should there be additions or exceptions to the original recommendations based on the plans, site conditions or other supporting data. If the geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the City accompanying the plans and specifications, express his or her agreement or disagreement with the recommendations in the geotechnical report and state that the plans and specifications conform to his or her recommendations. 3. The architect or structural engineer shall submit to the City, with the plans and specifications, a letter or notation on the design drawings at the time of permit application stating that he or she has reviewed the geotechnical report, understands its recommendations, has explained or has had explained to the owner the risks of loss due to slides on the site, and has incorporated into the design the recommendations of the report and established measures to reduce the potential risk of injury or damage that might be caused by any earth movement predicted in the report. 4. The owner shall execute a Critical Areas Covenant and Hold Harmless Agreement running with the land on a form provided by the City. The City will file the completed covenant with the King County Department of Records and Licensing Services at the expense of the applicant or owner. A copy of the recorded covenant will be forwarded to the owner. E. ASSURANCE DEVICES. Whenever the City determines that the public interest would not be served by the issuance of a permit in an area of potential geologic instability without assurance of a means of providing for restoration of areas disturbed by, and repair of property damage caused by, slides arising out of or occurring during construction, the Director may require assurance devices pursuant to TMC 18.45.210. Produce `•' the City of Tukwila, City Clerk's Office Page 18-140 TITLE 18 — ZONING F. CONSTRUCTION MONITORING. 1. Where recommended by the geotechnical report, the applicant shall retain a geotechnical engineer to monitor the site during construction. The applicant shall preferably retain the geotechnical engineer who prepared the final geotechnical recommendations and reviewed the plans and specifications. If a different geotechnical engineer is retained by the owner, the new geotechnical engineer shall submit a letter to the City stating whether or not he/she agrees with the opinions and recommendations of the original geotechnical engineer. Further recommendations, signed and sealed by the geotechnical engineer, and supporting data shall be provided should there be exceptions to the original recommendations. 2. The geotechnical engineer shall monitor, during construction, compliance with the recommendations in the geotechnical report, particularly site excavation, shoring, soil support for foundations including piles, subdrainage installations, soil compaction and any other geotechnical aspects of the construction. Unless otherwise approved by the City, the specific recommendations contained in the soils report must be implemented by the owner. The geotechnical engineer shall make written, dated monitoring reports on the progress of the construction to the City at such timely intervals as shall be specified. Omissions or deviations from the approved plans and specifications shall be immediately reported to the City. The final construction monitoring report shall contain a statement from the geotechnical engineer that based upon his or her professional opinion, site observations and testing during the monitoring of the construction, the completed development substantially complies with the recommendations in the geotechnical report and with all geotechnical -related permit requirements. Occupancy of the project will not be approved until the report has been reviewed and accepted by the Director. G. CONDITIONING AND DENIAL OF USE OR DEVELOPMENTS. 1. Substantial weight shall be given to ensuring continued slope stability and the resulting public health, safety and welfare in determining whether a development should be allowed. 2. The City may impose conditions that address site - work problems which could include, but are not limited to, limiting all excavation and drainage installation to the dryer season, or sequencing activities such as installing erosion control and drainage systems well in advance of construction. A permit will be denied if it is determined by the Director that the development will increase the potential of soil movement that results in an unacceptable risk of damage to the proposed development, its site or adjacent properties. (Ord, 2625 §32, 2020) 18.45.140 Coal Mine Hazard Areas A. Development of a site containing an abandoned mine area may be permitted when a geotechnical report shows that significant risks associated with the abandoned mine workings can be eliminated or mitigated so that the site is safe. Approval shall be obtained from the Director before any building or land -altering permit processes begin. B. Any building setback or land alteration shall be based on the geotechnical report. C. The City may impose conditions that address site -work problems which could include, but are not limited to, limiting all excavation and drainage installation to the dryer season, or sequencing activities such as installing drainage systems or erosion controls well in advance of construction. A permit will be denied if it is determined that the development will increase the potential of soil movement or result in an unacceptable risk of damage to the proposed development or adjacent properties. D. The owner shall execute a Critical Areas Covenant and Hold Harmless Agreement running with the land on a form provided by the City. The City will file the completed covenant with the King County Division of Records and Licensing Services at the expense of the applicant or owner. A copy of the recorded covenant will be forwarded to the owner. (0(r . 2625 §33, 2 00 18.45.150 Fish and Wildlife Habitat Conservation Areas Designation, Mapping, Uses and Standards A. DESIGNATION. 1. Fish and wildlife habitat conservation areas include the habitats listed below: a. Areas with which endangered, threatened, and sensitive species have a primary association; b. Habitats and species of local importance, including but not limited to bald eagle habitat, heron rookeries, mudflats and marshes, and areas critical for habitat connectivity; c. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; d. Waters of the State; e. State natural area preserves and natural resource conservation areas; and f. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity. 2. Type S watercourses, including the Green/Duwamish River, are regulated under TMC 18.44 and not under this chapter. 3. Wetlands and watercourses are addressed under TMC 18.45.080, 18.45.090, 18.45.100 and 18.45.110, and not under this section. Produced by the City of Tukwila, City Clerk's Office Page 18-x'41 TITLE 18 — ZONING B. MAPPING. 1. The approximate location and extent of known fish and wildlife habitat conservation areas are identified by the City's Critical Areas Maps, inventories, open space zones, and Natural Environment Background Report. 2. In addition to the Critical Areas Maps, the following maps are to be used as a guide for the City, but do not provide a final habitat area designation: a. Washington State Department of Fish and Wildlife Priority Habitat and Species Maps; b. Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors report for the Green/Duwamish and Central Puget Sound Watersheds published by King County and the Washington Conservation Commission; and c. NOAA Digital Coast for Washington State. C. BUFFERS. 1. Each development proposal on, adjacent to, or with the potential to impact a Fish and Wildlife Habitat Conservation Area other than wetlands and watercourses shall be subject to a habitat assessment report pursuant to the requirements of TMC 18.45.040.B. The habitat assessment shall analyze and make recommendations on the need for and width of any setbacks or buffers necessary to achieve the goals and requirements of this chapter, with specific consideration of Priority Habitats and Species Management Recommendations from the Washington Department of Fish and Wildlife. Recommended buffers shall be no less than 100 feet in width. 2. Buffers may be increased by the Director when an area is determined to be particularly sensitive to the disturbance created by a development. Such a decision will be based on a City review of the report as prepared by a qualified biologist and by a site visit. D. USES AND STANDARDS. Each development proposal on, adjacent, or with the potential to impact a Fish and Wildlife Habitat Conservation Area that is not fully addressed under TMC 18.45.080, 18.45.090, 18.45.100 and 18.45.110 shall be subject to a habitat assessment report pursuant to the requirements of TMC 18.45.040.B. The habitat assessment shall analyze potential impacts to Fish and Wildlife Habitat Conservation Areas and make recommendations to minimize such impacts, with specific consideration of Priority Habitats and Species Management Recommendations from the Washington Department of Fish and Wildlife. i. §34, 2020) 18.45.155 Special Hazard Flood Areas A. Regulations governing Special Hazard Flood Areas are found in TMC 16.52, "Flood Plain Management," and TMC 18.45.155.B. B. Floodplain Habitat Assessment. 1. When development is proposed within a Special Hazard Flood area, a floodplain habitat assessment shall be prepared pursuant to the requirements of TMC 18.45.040.B. 2. The floodplain habitat assessment shall address the effects of the development on federally listed salmon, including, but not limited to the following: a. Impervious surfaces, b. Floodplain storage and conveyance, c. Floodplain and riparian vegetation, and d. Stormwater drainage. 3. If the floodplain habitat assessment concludes that the project is expected to have an adverse effect on listed species as evaluated under the guidance issued for ESA compliance under the National Flood Insurance Program in Puget Sound, the applicant shall mitigate those impacts. Such mitigation shall be consistent with, or in addition to, any mitigation required by this chapter and shall be incorporated into the approved project plans. 4. Activities Exempt from Floodplain Habitat Assessment. A floodplain habitat assessment is not required under the following circumstances: a. Projects that are undergoing or have undergone consultation with the National Marine Fisheries Service under the Endangered Species Act. b. Repair or remodeling of an existing structure, if the repair or remodeling is not a substantial improvement. c. Expansion of an existing structure that is no greater than 10 percent beyond its existing footprint; provided that the repairs or remodeling are not a substantial improvement, or a repair of substantial damage. This measurement is counted cumulatively from September 22, 2011. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow. d. Activities with the sole purpose of creating, restoring, or enhancing natural functions provided the activities do not include construction of structures, grading, fill, or impervious surfaces. e. Development of open space and recreational facilities, such as parks and trails, that do not include structures, fill, impervious surfaces or removal of more than 5 percent of the native vegetation on that portion of the property in the regulatory flood plain. f. Repair to on-site septic systems provided the ground disturbance is the minimum necessary. g. Other minor activities considered to have no effect on listed species, as interpreted using ESA guidance issued by the National Flood Insurance Program in Puget Sound and confirmed through City review of the development proposal. (Ord. 2625 635, 2020) Produce l`f b+jr the City of Tukwila, City Clerk's Office Page 18-142 TITLE 18 — ZONING 18.45.158 Vegetation Protection and Management A. Purpose. The purpose of this section is to: 1. Regulate the protection of existing trees and native vegetation in the critical areas and their buffers; 2. Establish requirements for removal of invasive plants at the time of development or re -development of sites; 3. Establish requirements for the long-term maintenance of native vegetation to prevent establishment of invasive species and promote ecosystem processes. B. Applicability. This chapter sets forth rules and regulations to control maintenance and clearing of trees within the City of Tukwila for properties located within a critical area or its associated buffer. For properties located within the Shoreline jurisdiction, the maintenance and removal of vegetation shall be governed by TMC 18.44, "Shoreline Overlay." TMC 18.54, "Urban Forestry and Tree Regulations," shall govern tree removal on any undeveloped land and any land zoned Low Density Residential (LDR) that is developed with a single-family residence. TMC 18.52, "Landscape Requirements," shall govern the maintenance and removal of landscaping on developed properties zoned commercial, industrial, or multifamily, and on properties located in the LDR zone that are developed with a non -single family residential use. The most stringent regulations shall apply in case of a conflict. C. Vegetation Retention and Replacement. 1. Retention. a. Native vegetation in critical areas and their buffers must be protected and maintained. No removal of native vegetation is allowed without prior approval by the City except in cases of emergency where an imminent hazard to public life, safety or property exists. Vegetation may be removed from the buffer as part of an enhancement plan approved by the Director. Enhancements will ensure that slope stability and wetland quality will be maintained or improved. Any temporary disturbance of the buffers shall be replanted with a diverse plant community of native northwest species. b. Invasive vegetation (blackberry, ivy, laurel, etc.) may be removed from a critical area or its buffer except steep slopes without a permit if removal does not utilize heavy equipment. The use of herbicide by a licensed contractor with certifications as needed from the Washington Department of Ecology and the Washington Department of Agriculture is permitted but requires notification prior to application to the City and shall comply with TMC 18.45.158.E.3. Invasive vegetation removal on steep slopes requires prior City approval. c. Hazardous or defective trees, as defined in TMC 18.06, may be removed from a critical area if threat posed by the tree is imminent. If the hazard is not obvious, an assessment by a certified professional, as defined in TMC 18.06, may be required by the Director. Dead and hazardous trees should remain standing or be cut and placed within the critical area to the extent practicable to maximize habitat. Tree replacement in accordance with this chapter is required for any hazardous tree removed from a critical area. d. In the case of development or re -development, as many significant trees and as much native vegetation as possible are to be retained on a site, taking into account the condition and age of the trees. As part of a land use application including, but not limited to, subdivision or short plat, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require alterations in the arrangement of buildings, parking or other elements of proposed development in order to retain significant vegetation. 2. Permit Requirements. Prior to any tree removal or site clearing, unless it is part of Special Permission approval for interrupted buffer, buffer averaging or other critical areas deviation, a Type 2 Critical Area Tree Removal and Vegetation Clearing Permit application that meets the application materials requirements of TMC 18.104.060 must be submitted to the Department.. 3. Criteria for Tree Removal in a Critical Area or its Buffer. A Type 2 Critical Area Tree Removal and Vegetation Clearing Permit shall only be approved if the proposal complies with the following criteria as applicable: a. The site is undergoing development or redevelopment. b. Tree poses a risk to structures. c. There is imminent potential for root or canopy interference with utilities. d. Tree interferes with the access and passage on public trails. e. Tree condition and health is poor; the City may require an evaluation by an International Society of Arborists (ISA) certified arborist. f. Trees present an imminent hazard to the public. If the hazard is not readily apparent, the City may require an evaluation by an International Society of Arborists (ISA) certified arborist. g. The proposal complies with tree retention, replacement, maintenance and monitoring requirements of this chapter. 4. Tree Replacement Requirements. Where permitted, significant trees that are removed, illegally topped, or pruned by more than 25% within a critical area shall be replaced pursuant to the Tree Replacement Requirements Table (below), up to a density of 100 trees per acre (including existing trees). Significant trees that are part of an approved landscape plan on the developed portion of the site are subject to replacement per TMC 18.52. Dead or dying trees removed that are part of an approved landscape plan on the developed portion of the site shall be replaced at a 1:1 ratio in the next appropriate planting season. Dead or dying trees located within the critical area or its buffer shall be left in place as wildlife snags, unless they present a hazard to structures, facilities or the public. Removal of dead, dying or otherwise hazardous trees in non-developed areas are subject to the replacement requirements listed in the "Tree Replacement Requirements" Table below. The Director may require additional Produced by the City of Tukwila, City Clerk's Office Page 41-1143 TITLE 18 — ZONING trees or shrubs to be installed to mitigate any potential impact from the loss of this vegetation as a result of new development. Table 18.45.158-1 — Tree Replacement Requirements Diameter* of Tree Removed (*measured at height of 4.5 feet from the ground) Number of Replacement Trees Required 4 - 6 inches (single trunk); 2 inches (any trunk of a multi -trunk tree) 3 Over 6 - 8 inches 4 Over 8 - 20 inches 6 Over 20 inches 8 5. If all required replacement trees cannot be reasonably accommodated on the site, the applicant shall pay into a tree replacement fund in accordance with the Consolidated Permit Fee Schedule adopted by resolution of the City Council. 6. Topping of trees is prohibited and will be regulated as removal subject to the Tree Replacement Requirements Table listed above. 7. Pruning of trees shall not exceed 25% of canopy in a 36 -month period. Pruning in excess of 25% canopy shall be regulated as removal with tree replacement required per the Tree Replacement Requirements Table listed above. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director as part of Type 2 Critical Area Tree Permit. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. D. Tree Protection. All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6 -foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC 18.45." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. Produce taf by the City of Tukwila, City Clerk's Office Page 18-144 TITLE 18 — ZONING 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. E. Plant Materials Standards. For any new development, redevelopment or restoration in a Critical Area, invasive vegetation must be removed, and native vegetation planted and maintained in the Critical Area and its buffer. 1. A planting plan prepared by a qualified biologist shall be submitted to the City for approval that shows plant species, size, number, spacing, soil preparation irrigation, and invasive species removal. The requirement for a biologist may be waived by the Director for single family property owners when the mitigation area is less than 1,500 square feet. 2. Invasive vegetation must be removed as part of site preparation and native vegetation planted in the Critical Area and its buffer where impacts occur. 3. Removal of invasive species shall be done by hand or with hand-held power tools. The use of herbicide by a licensed contractor with certifications as needed from the Washington Department of Ecology and the Washington Department of Agriculture is permitted but requires notification prior to application to the City and shall comply with this TMC 18.45.158.E.3. Where removal is not feasible by hand or with hand-held power tools and mechanized equipment is needed, the applicant must obtain a Type 2 permit prior to work being conducted. Removal of invasive vegetation must be conducted so that the slope stability, if applicable, will be maintained and native vegetation is protected. A plan must be submitted indicating how the work will be done and what erosion control and tree protection features will be utilized. Federal and State permits may be required for vegetation removal with mechanized equipment. 4. Removal of invasive vegetation may be phased over several years prior to planting, if such phasing is provided for by a plan approved by the Director to allow for alternative approaches, such as sheet mulching and goat grazing. The method selected shall not destabilize the bank or cause erosion. 5. A combination of native trees, shrubs and groundcovers (including but not limited to grasses, sedges, rushes and vines) shall be planted. Site conditions, such as topography, exposure, and hydrology shall be taken into account for plant selection. Other species may be approved if there is adequate justification. 6. Non-native trees may be used as street trees in cases where conditions are not appropriate for native trees (for example where there are space or height limitations or conflicts with utilities). 7. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape Association — ANLA). 8. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are preferred for buffer plantings. Willow stakes must be at least 1/2 -inch in diameter. For existing developed areas refer to TMC 18.52, "Landscape Requirements," for plant sizes in required landscape areas. 9. Site preparation and planting of vegetation shall be in accordance with Best Management Practices for ensuring the vegetation's long-term health and survival. Irrigation is required for all plantings for the first three years as approved by the Director. 10. Plants may be selected and placed to allow for public and private view corridors with approval by Director. 11. Native vegetation in critical areas and their buffers installed in accordance with the preceding standards shall be maintained by the property owner to promote healthy growth and prevent establishment of invasive species. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according to the approved maintenance plan. 12. Critical areas, including steep slopes disturbed by removal of invasive plants or development, shall be replanted with native vegetation where necessary to maintain the density shown in the Critical Area Buffer Vegetation Planting Densities Table below, and must be replanted in a timely manner except where a long-term removal and re -vegetation plan, as approved by the City, is being implemented. Table 18.45.158-2 — Critical Area Buffer Vegetation Planting Densities Table Plant Material Type Planting Density Stakes/cuttings along streambank (willows, red osier dogwood) 1 2 feet on center or per bioengineering method Shrubs 3 - 5 feet on center, depending on species Trees 15 — 20 feet on center, depending on species Groundcovers, grasses, sedges, rushes, other herbaceous plants 1-1.5 feet on center, depending on species Native seed mixes 5 — 25 lbs. per acre, depending on species 13. The Department Director, in consultation with the City's environmentalist, may approve the use of shrub planting and installation of willow stakes to be counted toward the tree replacement standard in the buffer if proposed as a measure to control invasive plants and increase buffer function. Produced by the City of Tukwila, City Clerk's Office Page 18-145 TITLE 18 — ZONING F. Vegetation Management in Critical Areas. The requirements of this section apply to all existing and new development within critical areas. 1. Trees and shrubs may only be pruned for safety, to maintain access corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility lines, and/or for improving critical area ecological function. No more than 25% may be pruned from a tree within a 36 -month period without prior City review. This type of pruning is exempt from any permit requirements. 2. Plant debris from removal of invasive plants or pruning shall be removed from the site and disposed of properly unless on-site storage is approved by the Director. Per King County Noxious Weed Control Program guidelines, regulated noxious weeds shall be disposed of in the landfill/trash and non-regulated noxious weeds may be disposed of in green waste or composted on site. 3. Use of pesticides. a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the critical area or its buffer except where: (1) Alternatives such as manual removal, biological control, and cultural control are not feasible given the size of the infestation, site characteristics, or the characteristics of the invasive plant species and herbicide is determined to be least ecologically impactful; (2) The use of pesticides has been approved by the City through a comprehensive vegetation or pest management and monitoring plan, or a King County Noxious Weed Control Program Best Management Practices document; (3) The pesticide is applied in accordance with state regulations; (4) The proposed herbicide is approved for aquatic use by the U.S. Environmental Protection Agency; and (5) The use of pesticides in the critical area jurisdiction is approved by the City and the applicant presents a copy of the Aquatic Pesticide Permit issued by the Department of Ecology or Washington Department of Agriculture, if required. b. Self-contained rodent bait boxes designed to prevent access by other animals are allowed. c. Sports fields, parks, golf courses and other outdoor recreational uses that involve maintenance of extensive areas of turf shall implement an integrated turf management program or integrated pest management plan designed to ensure that water quality in the critical area is not adversely impacted. 4. Restoration Project Plantings. Restoration projects may overplant the site as a way to discourage the re- establishment of invasive species. Thinning of vegetation without a separate Type 2 Special Permission or critical area tree permit may be permitted five to ten years after planting if this approach is approved as part of the restoration project's maintenance and monitoring plan and with approval by the City prior to thinning work. G. Maintenance and Monitoring. The property owner is required to ensure the viability and long- term health of vegetation planted for replacement or mitigation through proper care and maintenance for the life of the project subject to permit requirements as follows: 1. Tree Replacement and Vegetation Clearing Permit Requirements. a. Schedule an inspection with the City of Tukwila's Urban Environmentalist to document planting of the correct number and type of plants. b. Submit annual documentation of tree and vegetation health for three years. 2. Restoration and Mitigation Project Requirements. a. A five-year monitoring and maintenance plan must be approved by the City prior to permit issuance. The monitoring period will begin when the restoration is accepted by the City and as -built plans have been submitted. b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring period. Reports shall measure survival rates against project goals and present contingency plans to meet project goals. c. Mitigation will be complete after project goals have been met and accepted by the City of Tukwila's Urban Environmentalist. d. A performance bond or financial security equal to 150% of the cost of labor and materials required for implementation of the planting, maintenance and monitoring shall be submitted prior to City acceptance of project. (Ord, 2625 X35, 2020) 18.45.160 Critical Area Master Plan Overlay A. The purpose of this section is to provide an alternative to preservation of existing individual wetlands, watercourses and their buffers in situations where an area -wide plan for alteration and mitigation will result in improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through the strict application of the provisions of TMC 18.45. B. The City Council may designate certain areas as Critical Area Master Plan Overlay Districts for the purpose of allowing and encouraging a comprehensive approach to critical area protection, restoration, enhancement and creation in appropriate circumstances utilizing best available science. Designation of Critical Area Master Plan Overlay Districts shall occur through the Type 5 decision process established by TMC 18.104. C. Criteria for designating a Critical Area Master Plan Overlay District shall be as follows: 1. The overlay area shall be at least 10 acres. 2. The City Council shall find that preparation and implementation of a Critical Area Master Plan is likely to result in net improvements in critical area functions when compared to development under the general provisions of TMC 18.45. Produce & the City of Tukwila, City Clerk's Office Page 18-146 TITLE 18 — ZONING D. Within a Critical Area Master Plan Overlay District, only those uses permitted under TMC 18.45.070, 18.45.090 and 18.45.110 shall be allowed within a Category I wetland or its buffer. E. Within a Critical Area Master Plan Overlay District, the uses permitted under TMC 18.45.070, 18.45.090 and 18.45.110 and other uses as identified by an approved Critical Area Master Plan shall be permitted within Category III and Category IV wetlands and their buffers; and within Type F, Np and Ns watercourses and their buffers, provided that such uses are allowed by the underlying zoning designation. F. A Critical Area Master Plan shall be prepared under the direction of the Director of Community Development. Consistent with subsection A, the Director may approve development activity within a Critical Area Overlay District for the purpose of allowing and encouraging a comprehensive approach to critical areas protection, creation, and enhancement that results in environmental benefits that may not be otherwise achieved through the application of the requirements of TMC 18.45. G. The Director shall consider the following factors when determining whether a proposed Critical Areas Overlay and Master Plan results in an overall net benefit to the environment and is consistent with best available science: 1. Whether the Master Plan is consistent with the goals and policies of the Natural Environment Element and the Shorelines Element (if applicable) of the Tukwila Comprehensive Plan. 2. Whether the Master Plan is consistent with the purposes of TMC 18.45 as stated in TMC 18.45.010. 3. Whether the Master Plan includes a Mitigation Plan that incorporates stream or wetland restoration, enhancement or creation meeting or exceeding the requirements of TMC 18.45.090 and/or TMC 18.45.110, as appropriate. 4. Whether proposed alterations or modifications to critical areas and their buffers and/or alternative mitigation results in an overall net benefit to the natural environment and improves critical area functions. 5. Whether the Mitigation Plan gives special consideration to conservation and protection measures necessary to preserve or enhance anadromous fisheries. 6. Mitigation shall occur on-site unless otherwise approved by the Director. The Director may approve off-site mitigation only upon determining that greater protection, restoration or enhancement of critical areas could be achieved at an alternative location within the same watershed. 7. Where feasible, mitigation shall occur prior to grading, filling or relocation of wetlands or watercourses. 8. At the discretion of the Director, a proposed Master Plan may undergo peer review, at the expense of the applicant. Peer review, if utilized, shall serve as one source of input to be utilized by the Director in making a final decision on the proposed action. H. A Critical Area Master Plan shall be subject to approval by the Director of Community Development. Such approval shall not be granted until the Master Plan has been evaluated through preparation of an Environmental Impact Statement (EIS) under the requirements of TMC 21.04. The EIS shall compare the environmental impacts of development under the proposed Master Plan relative to the impacts of development under the standard requirements of TMC 18.45. The Director shall approve the Critical Area Master Plan only if the evaluation clearly demonstrates overall environmental benefits, giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. I. The critical area buffer widths for those areas that were altered, created or restored as mitigation (Wetland 10, 1, Johnson Creek and the Green River off -channel habitat), at the time of approval of the Sensitive Area Master Plan (SAMP) Permit No. L10-014 shall be vested as shown on Map A to be codified as Figure 18-59; provided the adjacent land was cleared and graded pursuant to a City -approved grading permit; and provided further that those mitigation measures required by the SAMP were performed and meet the ecological goals, in accordance with the terms of the SAMP. (Ord,. 2625 §37, 2020) 18.45.170 Critical Area Tracts and Easements A. In development proposals for planned residential or mixed use developments, short subdivisions or subdivisions, and boundary line adjustments and binding site plans, applicants shall create critical areas tracts or easements, in lieu of an open space tract, per the standards of the Planned Residential Development District chapter of this title. B. Applicants proposing development involving uses other than those listed in TMC 18.45.170.A, on parcels containing critical areas or their buffers, may elect to establish a critical areas tract or easement which shall be: 1. If under one ownership, owned and maintained by the owner; 2. If held in common ownership by multiple owners, maintained collectively; or 3. Dedicated for public use if acceptable to the City or other appropriate public agency. C. A notice shall be placed on the property title or plat map that critical area tracts or easements shall remain undeveloped in perpetuity. (Ord, 2625 §38, 2020) 18.45.180 Exceptions A. REASONABLE USE EXCEPTIONS. 1. If application of TMC 18.45 would deny all reasonable use of the property containing designated critical areas or their buffers, the property owner or the proponent of a development proposal may apply for a reasonable use exception. 2. Applications for a reasonable use exception shall be a Type 3 decision and shall be processed pursuant to TMC 18.104. 3. If the applicant demonstrates to the satisfaction of the Hearing Examiner that application of the provisions of TMC 18.45 would deny all reasonable use of the property, development may be allowed that is consistent with the general purposes of TMC 18.45 and the public interest. Produced by the City of Tukwila, City Clerk's Office Page I —547 TITLE 18 — ZONING 4. The Hearing Examiner, in granting approval of the reasonable use exception, must determine that: a. There is no feasible on-site alternative to the proposed activities, including reduction in size or density, modifications of setbacks, buffers or other land use restrictions or requirements, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning that would allow a reasonable economic use with fewer adverse impacts to the critical area. b. As a result of the proposed development there will be no unreasonable threat to the public health, safety or welfare on or off the development proposal site. c. Alterations permitted shall be the minimum necessary to allow for reasonable use of the property. d. The proposed development is compatible in design, scale and use with other development with similar site constraints in the immediate vicinity of the subject property if such similar sites exist. e. Disturbance of critical areas and their buffers has been minimized to the greatest extent possible. f. All unavoidable impacts are fully mitigated. g. The inability to derive reasonable use of the property is not the result of: (1) a segregation or division of a larger parcel on which a reasonable use was permittable after the effective date of Sensitive Areas Ordinance No. 1599, June 10, 1991; (2) actions by the owner of the property (or the owner's agents, contractors or others under the owner's control) that occurred after the effective date of the critical areas ordinance provisions that prevents or interferes with the reasonable use of the property; or (3) a violation of the critical areas ordinance. h. The Hearing Examiner, when approving a reasonable use exception, may impose conditions, including but not limited to a requirement for submission and implementation of an approved mitigation plan designed to ensure that the development: (1) complies with the standards and policies of this chapter to the extent feasible; and (2) does not create a risk of damage to other property or to the public health, safety and welfare. i. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a project, including but not limited to design review. B. EMERGENCIES. Alterations in response to an emergency that poses an immediate threat to public health, safety or welfare, or that poses an immediate risk of damage to private property may be excepted. Any alteration undertaken as an emergency shall be reported within one business day to the Community Development Department. The Director shall confirm that an emergency exists and determine what, if any, mitigation and conditions shall be required to protect the health, safety, welfare and environment and to repair any damage to the critical area and its required buffers. Emergency work must be approved by the City. If the Director determines that the action taken, or any part thereof, was beyond the scope of an allowed emergency action, then the enforcement provisions of TMC 18.45.195 shall apply. (Qrd. 2625 §39, 2028) 18.45.190 Time Limitation, Appeals and Vesting A. Time Limitation. Type 2 Special Permission decisions for interrupted buffer, buffer averaging or other alterations shall expire one year after the decision unless an extension is granted by the Director. Type 1 tree permits for tree removal within critical areas or their buffers shall expire one year after the permit is issued, unless an extension is granted by the Director. Extensions of a Type 2 Special Permission or Type 1 tree permit may be granted if: 1. Unforeseen circumstances or conditions necessitate the extension of the permit; and 2. Termination of the permit would result in unreasonable hardship to the applicant; and the applicant is not responsible for the delay; and 3. The extension of the permit will not cause substantial detriment to existing uses, critical areas, or critical area buffers in the immediate vicinity of the subject property. B. Appeals. Any appeal of a final decision made by the Community Development Department, pursuant to TMC 18.45, shall be an appeal of the underlying permit or approval. Any such appeal shall be processed pursuant to TMC 18.108.020 and TMC 18.116. C. In considering appeals of decisions or conditions, the following shall be considered: 1. The intent and purposes of this chapter; 2. Technical information and reports considered by the Community Development Department; and 3. Findings of the Director, which shall be given substantial weight. D. Vesting. Projects are vested to the critical areas ordinance in effect at the time a complete building permit is submitted except for short plats, subdivisions, binding site plans and shoreline permits. Short plats or subdivisions or binding site plans are vested to the critical area ordinance in effect at the time complete application is submitted for preliminary plats or for the binding site plan. The final plat and all future building permits on the lots remain vested to that same critical areas ordinance in effect for the preliminary plat or preliminary binding site plan application, so long as building permits are applied for within five years of the final plat. For single-family residential short plats and subdivisions that received preliminary plat approval prior to the adoption of this ordinance, building permits on the lots shall be considered under the critical areas ordinance in effect on the date of the preliminary plat application provided complete building or construction permits are submitted within five years of the final plat approval. Vesting provisions for shoreline permits are provided in TMC 18.44. (Orel, 2625 §40, 2020) Produceld7 the City of Tukwila, City Clerk's Office Page 18-148 TITLE 18 — ZONING 18.45.195 Violations A. VIOLATIONS. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC 8.45. The following actions shall be considered a violation of this chapter: 1. To use, construct or demolish a structure or to conduct clearing, earth -moving, construction or other development not authorized under a Special Permission, Reasonable Use or other permit where such permit is required by this chapter. 2. Any work that is not conducted in accordance with the plans, conditions, or other requirements in a permit approved pursuant to this chapter, provided the terms or conditions are stated in the permit or the approved plans. 3. To remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter. 4. To misrepresent any material fact in any application, plans or other information submitted to obtain any critical area use, buffer reduction or development authorization. 5. To fail to comply with the requirements of this chapter. B. PENALTIES. 1. Except as provided otherwise in this section, any violation of any provision of this chapter, or failure to comply with any of the requirements of this chapter, shall be subject to the penalties prescribed in TMC 8.45, "Enforcement". 2. It shall not be a defense to the prosecution for failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work erroneously believed a permit had been issued to the property owner or any other person. 3. Penalties for Tree Removal. a. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. b. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to the marketable value of each tree removed or damaged as determined by a Qualified Tree Professional, whichever is greater. c. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the City's Tree Fund; 25% into the General Fund. d. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. e. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC 18.54.200. f. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. C. REMEDIAL MEASURES REQUIRED. In addition to penalties assessed, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Any illegal removal of required trees shall be subject to obtaining a Tree Permit and replacement with trees that meet or exceed the functional value of the removed trees. 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table 18.45.158-1, Tree Replacement Requirements. 3. The applicant shall satisfy the permit provisions as specified in this chapter. 4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter. 5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice of Violation and Order is issued pursuant to TMC 8.45, or within the time period otherwise specified by the Director. 6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. (Ord, 2625 §41, 2020) 18.45.197 Enforcement A. General. In addition to the Notice of Violation and Order measures prescribed in TMC 8.45, the Director may take any or all of the enforcement actions prescribed in this chapter to ensure compliance with, and/or remedy a violation of this chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive Relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Special Produced by the City of Tukwila, City Clerk's Office Page 18—'149 TITLE 18 — ZONING Permission or Tree Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC 8.45. C. Inspection Access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Permit or this chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of a Special Permission or Tree Permit issuance to ensure compliance with this chapter. The permit process is complete upon final approval by the Director. (Ord, 2625 §42, 2020) 18.45.200 Recording Required The property owner receiving approval of a use or development permit pursuant to TMC 18.45 shall record the City - approved site plan, clearly delineating the wetland, watercourse, areas of potential geologic instability or abandoned mine and their buffers designated by TMC 18.45.080, 18.45.090, 18.45.100, 18.45.120, 18.45.140 and 18.45.150 with the King County Division of Records and Licensing Services. The face of the site plan must include a statement that the provisions of TMC 18.45, as of the effective date of the ordinance from which TMC 18.45 derives or is thereafter amended, control use and development of the subject property, and provide for any responsibility of the property owner for the maintenance or correction of any latent defects or deficiencies. Additionally, the applicant shall provide data (GPS or survey data) for updating the City's critical area maps. (Ord, 2625 §43, 2020) 18.45.210 Assurance Device A. In appropriate circumstances, such as when mitigation is not completed in advance of the project, the Director may require a letter of credit or other security device acceptable to the City to guarantee performance and maintenance requirements of TMC 18.45. All assurances shall be on a form approved by the City Attorney and be equal to 150% of the cost of the labor and materials for implementation of the approved mitigation plan. B. When alteration of a critical area is approved, the Director may require an assurance device, on a form approved by the City Attorney, to cover the cost of monitoring and maintenance costs and correction of possible deficiencies for five years. If at the end of five years performance standards are not being achieved, an increase in the security device may be required by the Director. When another agency requires monitoring beyond the City's time period, copies of those monitoring reports shall be provided to the City. C. The assurance device shall be released by the Director upon receipt of written confirmation submitted to the Department from the applicant's qualified professional, and confirmed by the City, that the mitigation or restoration has met its performance standards and is successfully established. Should the mitigation or restoration meet performance standards and be successfully established in the third or fourth year of monitoring, the City may release the assurance device early. The assurance device may be held for a longer period, if at the end of the monitoring period, the performance standards have not been met or the mitigation has not been successfully established. In such cases, the monitoring period will be extended and the bond held until the standards have been met. D. Release of the security does not absolve the property owner of responsibility for maintenance or correcting latent defects or deficiencies or other duties under law. (Ord, 2625 §44, 2020) 18.45.220 Assessment Relief A. Fair Market Value. The King County Assessor considers critical area regulations in determining the fair market value of land under RCW 84.34. B. Current Use Assessment. Established critical area tracts or easements, as defined in the Definitions chapter of this title and provided for in TMC 18.45.170, may be classified as open space and owners thereof may qualify for current use taxation under RCW 18.34; provided, such landowners have not received density credits, or setback or lot size adjustments as provided in the Planned Residential Development District chapter of this title. C. Special Assessments. Landowners who qualify under TMC 18.45.220.B shall also be exempted from special assessments on the critical area tract or easement to defray the cost of municipal improvements such as sanitary sewers, storm sewers and water mains. (Ord, 2625 ,§45, 2020) Produce & b jr the City of Tukwila, City Clerk's Office Page 18-150 TITLE 18 — ZONING CHAPTER 18.46 PRD - PLANNED RESIDENTIAL DEVELOPMENT Sections: 18.46.010 18.46.020 18.46.030 18.46.060 18.46.070 18.46.080 18.46.090 18.46.110 18.46.112 18.46.115 18.46.120 18.46.130 18.46.140 Purpose Permitted Districts Permitted Uses Relationship of this Chapter to Other Sections and Other Ordinances Multi -Family Density Standards Open Space Relationship to Adjacent Areas Application Procedure Required for PRD Approval Review Criteria Restrictive Covenants Subject to Approval by City Council and City Attorney Application Procedures for Building Permit Minor and Major Adjustments Expiration of Time Limits 18.46.010 Purpose It is the purpose of this chapter to encourage imaginative site and building design and to create open space in residential developments by permitting greater flexibility in zoning require- ments than is permitted by other sections of this title. Furthermore, it is the purpose of this chapter to: 1. Promote the retention of significant features of the natural environment, including topography, vegetation, waterways, wetlands and views; 2. Encourage a variety or mixture of housing types; 3. Encourage maximum efficiency in the layout of streets, utility networks, and other public improvements; and 4. Create and/or preserve usable open space for the enjoyment of the occupants and the general public. (Oral, 1758 §1 (pair, 1995) 18.46.020 Permitted Districts Planned residential development (PRD) may be permitted in the LDR, MDR and HDR residential districts and in the TSO district when there are wetlands, watercourses, and associated buffers on the lot. (Ord, 2235§11, 2009; Ord, 1758 §1 (OH), 1995) 18.46.030 Permitted Uses The following uses are allowed in planned residential de- velopment: 1. In LDR Districts, only single-family detached dwellings may be permitted; 2. In MDR and HDR Districts, residential developments of all types regardless of the type of building in which such residence is located, such as single-family residences, duplexes, triplexes, fourplexes, rowhouses, townhouses or apartments; provided, that all residences are intended for permanent occupancy by their owners or tenants. Hotels, motels, and travel trailers and mobile homes and trailer parks are excluded; 3. Accessory uses specifically designed to meet the needs of the residents of the PRD such as garages and recreation facilities of a noncommercial nature; (Ord, 1758 §1 (part), 1995) 18.46.060 Relationship of this Chapter to Other Sec- tions and Other Ordinances A. Lot Size, Building Height and Setbacks. 1. Lot Size and Setbacks. A maximum reduction of 15% for lot areas and setbacks in LDR Districts shall be permitted, provided that the following are also substantially provided: a. At least 15% of the natural vegetation is retained (in cases where significant stands exist). b. Advantage is taken or enhancement is achieved of unusual or significant site features such as views, watercourses, or other natural characteristics. c. Separation of auto and pedestrian movement is provided, especially in or near areas of recreation. d. Development aspects of the PRD complement the land use policies of the Comprehensive Plan. 2. Building Height. Building heights may be modified within a PRD when it assists in maintaining natural resources and significant vegetation, and enhances views within the site without interfering with the views of adjoining property. For increases in building height, there shall be a commensurate decrease in impervious surface. B. Off-street Parking. Off-street parking shall be provided in a PRD in the same ratio for types of buildings and uses as required in the Off-street Parking and Loading Regulations chapter of this title. However, for multiple -family zoned sites with sensitive areas, a minimum of two parking stalls per unit will be allowed, with a 50% compact stalls allowance, and parking stalls in front of carports or garages will be allowed if the design does not affect circulation. Produced by the City of Tukwila, City Clerk's Office Page ' '' 5 TITLE 18 — ZONING C. Platting Requirements. The standards of the subdivision code for residential subdivisions shall apply to planned residential developments if such standards are not in conflict with the provisions of this chapter. Upon final approval of the PRD, filing of the PRD shall be in accordance with procedures of the subdivision code if any lots are to be transferred. D. Impervious Surface. The maximum amount of impervious surface calculated for the total development allowed on sensitive areas sites will be 50% for each single-family development and each multi -family development. E. Recreation Space Requirements. Sensitive areas and stands of significant trees may be counted as area required to meet the recreation space minimums, if usable passive recreation opportunities within these areas are demonstrated. Opportunities could include connection and continuation of area -wide trail systems, wildlife or scenic viewing opportunities, or picnic areas. F. Landscape and Site Treatment for Sites with Class 2, Class 3 and Class 4 Geologic Hazard Areas: 1. Downslope and Side Yard Buffers. Photomontage or computer-generated perspectives, taken from the nearest downslope off-site privately -owned property, shall show minimum landscape coverage of 25% of the structures at the time of project completion with anticipated 40% coverage within 15 years. This standard may supplement or be in lieu of the applicable landscape yard requirement. 2. Roads and Access Drives. Any road or access drive which cuts approximately perpendicular to a slope to the ridge line of a hill shall have minimum five-foot planted medians. Trees shall be a species that provides a branch pattern sufficient to provide, at maturity, 50% coverage of the pavement area. Roads or drives which require retaining walls parallel to the topographic line shall plant roadside buffers of Northwest native plant species. G. Review guidelines contained in TMC 18.60 "Design Review", shall apply to PRDs. H. For single-family developments, site plans shall include placement and footprint of the residences, driveways and roads. (Ord, 1758 t)1 (part), 1995) 18.46.070 Multi -Family Density Standards In multiple -family residential districts, the City Council may authorize a dwelling -unit density not more than 20% greater than permitted by the underlying zones, after entry of findings that the following are substantially provided: 1. A variety of housing types is offered. 2. At least 15% of the natural vegetation is retained (in cases where significant stands exist). 3. Advantage is taken or enhancement is achieved of unusual or significant site features such as views, watercourses, wetlands or other natural characteristics. 4. Separation of auto and pedestrian movement is provided, especially in or near areas of recreation. 5. Developmental aspects of the PRD complement the land use policies of the Comprehensive Plan. (Ord', 1770§27, 1996; dada 1758 §1 (part), 1995) 18.46.080 Open Space A. Each planned residential development shall provide not less than 20% of the gross site area for common open space which shall: 1. Provide either passive or active recreation concentrated in large usable areas; 2. Network with the trail and open space system of the City and provide a connection and extension, if feasible; and 3. Be under one ownership, owned and maintained by the ownership; or be held in common ownership by all of the owners of the development by means of a homeowners' asso- ciation or similar association. Such association shall be re- sponsible for maintenance of the common open space, or be dedicated for public use if acceptable to the city or other appro- priate public agency. B. Planned residential developments shall set aside sensitive areas and their buffers in a sensitive areas tract as required by TMC 18.45.090, and will be exempted from other open space requirements of this section. ( ra:1. 1758 §1 (part), 1995) 18.46.090 Relationship to Adjacent Areas A. The design and layout of a planned residential development shall take into account the integration and com- patibility of the site to the surrounding areas. The perimeter of the PRD shall be so designed as to minimize any undesirable impact of the PRD on adjacent properties. B. Setbacks from the property lines of the PRD shall be comparable to, or compatible with, those of the existing devel- opment of adjacent properties or, if adjacent properties are un- developed, the type of development which may be permitted. (Ord, 1758§1 (par), 1995) 18.46.110 Application Procedure Required for PRD Approval A. Filing of Application. Application for approval of the PRD shall be made on forms prescribed by the Department and shall be accompanied by a filing fee as required in the Application Fees chapter of this title and by the following: 1. Justification for the density increases, or lot size and setback reductions, if requested by the applicant; 2. Program for development including staging or timing of development; 3. Proposed ownership pattern upon completion of the project; 4. Basic content of any restrictive covenants; 5. Provisions to assure permanence and maintenance of common open space through a homeowners' association, or similar association, condominium development or other means acceptable to the City; 6. An application for rezone may be submitted with the PRD application if rezoning is necessary for proposed density. Fees for rezone request shall be in addition to those of the PRD application; Produce taljr the City of Tukwila, City Clerk's Office Page 18-152 TITLE 18 — ZONING 7. An application for preliminary plat may be submitted with the PRD application, if necessary. Fees for the subdivision shall be in addition to those of the PRD application; 8. Graphic images of development in any sensitive area or buffer, including photomontage or computer-generated perspectives in a standardized format required by the Director; 9. Every reasonable effort shall be made to preserve existing trees and vegetation and integrate them into the subdi- vision's design by preparing a tree inventory of the significant vegetation on-site as part of the preliminary plat application. A tree and vegetation retention/removal plan shall be part of any preliminary plat application. Such tree and vegetation reten- tion/removal plan shall assure the preservation of significant trees and vegetation. B. Application Review. 1. PRD applications shall be processed pursuant to TMC 18.104. 2. The PRD shall be an exception to the regulations of the underlying zoning district. The PRD shall constitute a limitation on the use and design of the site unless modified by ordinance. (Ord, 2097 §18, 2005; Ord'. 1770 §29, 1996; Ord, 1758 §1 (part), 1995) 18.46.112 Review Criteria The City Council shall find that the proposed development plans meet all of the following criteria in their decision making: 1. Requirements of the subdivision code for the pro- posed development have been met, if appropriate; 2. Reasons for density increases, or lot size and set- back reductions, meet the criteria as listed in the Planned Resi- dential Development District chapter of this title; 3. Adverse environmental impacts have been mitigated; 4. Compliance of the proposed PRD to the provisions of this chapter and the Sensitive Areas Overlay District chapter of this title; 5. Time limitations, if any, for the entire development and specified stages have been documented in the application; 6. Development in accordance with the Comprehensive Land Use Policy Plan and other relevant plans; 7. Compliance with design review guidelines (see TMC 18.60); and 8. Appropriate retention and preservation of existing trees and vegetation recommended by the Director. (Oat 1770 §d0= 1996 Ord, 1758 §1 (part), 1995) 18.46.115 Restrictive Covenants Subject to Approval by City Council and City Attorney The restrictive covenants intended to be used by the applicant in a planned residential development (PRD), which purports to restrict the use of land or the location or character of buildings or other structures thereon, must be approved by the City Council and the City Attorney before the issuance of any building permit. (Ord, 1758 51 (part), 1995) 18.46.120 Application Procedures for Building Permit The following procedures are required for approval of con- struction for the proposed planned residential development: 1. Time Limitation. A complete application for the initial building permit shall be filed by the applicant within twelve months of the date on which the City Council approved the PRD. An extension of time for submitting an application may be requested in writing by the applicant, and an extension not exceeding six months may be granted by the Director. If application for the initial building permit is not made within twelve months or within the time for which an extension has been granted, the plan shall be considered abandoned, and the development of the property shall be subject to the requirements and limitations of the underlying zone and the subdivision code. 2. Application. Application for building permit shall be made on forms prescribed by the Department and shall be accompanied by a fee as prescribed by the building code. 3. Documentation Required. All schematic plans either presented or required in the approved PRD plans shall be included in the building permit application presented in finalized, detailed form. hese plans shall include but are not limited to landscape, utility, open space, circulation, and site or subdivision plans. Final plats and public dedication documents must be approved by the City Council before the issuance of any building permits. 4. Sureties Required for Staging. If the PRD is to be developed in stages, sureties or other security device as shall be approved by the City Attorney shall be required for the complete PRD. The various stages or parts of the PRD shall provide the same proportion of open space and the same overall dwelling unit density as provided in the final plan. 5. Department Action. The Department shall determine whether the project plans submitted with the building permit are in compliance with and carry out the objectives of the approved PRD. (Ord 2097 §19, 2005; Ord, 1758 §1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office Page 10153 TITLE 18 — ZONING 18.46.130 Minor and Major Adjustments If minor adjustments or changes are proposed following the approval of the PRD, by the City Council as provided in the Planned Residential Development District chapter of this title, such adjustments shall be approved by the Department prior to the issuance of a building permit. Minor adjustments are those which may affect the precise dimensions or siting of structures, but which do not affect the basic character or arrangement of structures approved in the final plan, or the density of the development or open space provided. Major adjustments are those which, as determined by the Department, substantially change the basic design, density, open space, or other substantive requirement or provision. If the applicant wishes to make one or more major changes, a revised plan must be approved pursuant to the Planned Residential Development District chapter of this title. (Ord, 1758 Si (par„), 1995) 18.46.140 Expiration of Time Limits Construction of improvements in the PRD shall begin within six months from the date of the issuance of the building/development permit. An extension of time for beginning construction may be requested in writing by the applicant, and such extension not exceeding six months may be granted by the Department upon showing of good cause. If construction does not occur within 12 months from the date of permit issuance or if this permit expires the plan shall be considered abandoned, and the development of the property shall be subject to the requirements and limitations of the underlying zone and the Subdivision Code. (Ord, 2097 ¢29, 2005; Ord. 1770 §31, 1996; Ord, 1758 §1 (part), 7995) Produce dmly the City of Tukwila, City Clerk's Office Page 18-154 TITLE 18 — ZONING Sections: 18.50.010 18.50.020 18.50.030 18.50.045 18.50.050 18.50.055 18.50.060 18.50.070 18.50.080 18.50.083 18.50.085 18.50.090 18.50.110 18.50.130 18.50.140 18.50.150 18.50.170 18.50.180 18.50.185 18.50.190 18.50.200 18.50.210 18.50.220 18.50.240 18.50.250 18.50.260 18.50.270 CHAPTER 1&50 SUPPLEMENTAL DEVELOPMENT STANDARDS Purpose Special Height Limitation Areas Special Height Exception Areas Height Regulations Around Major Airports Single -Family Dwelling Design Standards Single -Family Design Standard Exceptions Cargo Containers as Accessory Structures Yard Regulations Exemption of Rooftop Appurtenances Maximum Building Length Maximum Percent Development Area Coverage Height Limitation for Amusement Devices Archaeological/Paleontological Information Preservation Requirements Structures Over Public R -O -W Charging Station Locations Retaining Wall Setback Waiver Lighting Standards Recycling Storage Space for Residential Uses Recycling Storage Space for Non -Residential Uses Design of Collection Points for Garbage and Recycling Containers Peer Review of Technical Studies Marijuana Related Uses Accessory Dwelling Unit (ADU) Standards Home Occupations Emergency Housing and Emergency Shelter Criteria Permanent Supportive Housing and Transitional Housing Criteria Memorandum of Agreement for Emergency Housing, Emergency Shelter, Permanent Supportive Housing or Transitional Housing 18.50.010 Purpose It is the purpose of this chapter to establish development standards that supplement those established within the various use districts. These supplemental standards are intended to address certain unique situations that may cross district boundaries, and to implement related policies of the Tukwila Comprehensive Plan. 8 61(part), 1995) 18.50.020 Special Height Limitation Areas There are hereby established special height limitation areas, as depicted by Figure 18-3. (Ord, 2368 §51, 2012; Or"d. 2186 §1, 2007: Ord, 1750 §1 (para), 1995) 18.50.030 Special Height Exception Areas There are hereby established special height exception areas as depicted by Figure 18-3, within which building heights of up to four, six, or ten stories, as illustrated by the Figure, are allowed, notwithstanding the height standards for zoning districts within which the subject property may lie. (Ord. 1750 §1 (part), 1995) 18.50.045 Height Regulations Around Major Airports For the purposes of regulating heights within the vicinity of major airports, there are established and created certain height limitation zones which include all the land lying within the instrument approach zones, non -instrument approach zones, transition zones, horizontal zones and conical zones. Such areas may be shown and defined on an "airport height map" which shall become a part of the ordinance codified in this section by adoption of the Council and found on file in the office of the City Clerk. No building or structure shall be erected, altered or maintained, nor shall any tree be allowed to grow to a height in excess of the height limit herein established in any of the several zones created by this section; provided, however, that this provision shall not prohibit the construction of or alteration of a building or structure to a height of 35 feet above the average finish grade of the lot. Where an area is covered by more than one height limitation zone, the more restrictive limitations shall prevail. Under the provision of this section, the City adopts the following airport height map: Airport Height Map: King County International Airport (Boeing Field), August 1, 1986, and as the same may be amended. (Ord, 17513 §1 (part), 1995) 18.50.050 Single -Family Dwelling Design Standards All new single-family dwellings, as well as accessory dwelling units and other accessory structures that require a building permit, must: 1. Be set upon a permanent concrete perimeter foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative. 2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections, each of not less than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the current edition of the Washington State Energy Code with amendments. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -cement siding, wood - composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. Produced by the City of Tukwila, City Clerk's Office Page ' ;"' 55 TITLE 18 — ZONING 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide. This requirement does not apply to ADUs or accessory structures. 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile. (Ord. 2678 §13, 2022; Ord. 2581 §9, 2016, Ord. 2500 §23, 2016; Ord. 2098 §2, 2005) 18.50.055 Single -Family Design Standard Exceptions A. The design standards required in TMC 18.50.050 (4), (5) and (6) may be modified by the Community Development Director as part of the building permit approval process. 1. The criteria for approval of use of unconventional exterior siding are as follows: a. The structure exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation; and b. The proposed siding material is durable with an expected life span similar to the structure; and c. The siding material enhances a unique architectural design. 2. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; b. The entrance is oriented to take advantage of a site condition such as a significant view; or c. The entry feature is integral to a unique architectural design. B. The design standards required in TMC 18.50.050 (5) and (6) may also be modified by the Community Development Director as part of the building permit approval process if the proposal includes a replacement of a single wide manufactured home with a double wide and newer manufactured home. The property owner can apply for this waiver only one time per property starting from the date of adoption of this ordinance. Additionally, the proposal should result in aesthetic improvement to the neighborhood. C. The design standards required in TMC 18.50.220.A (4) may be modified by the Community Development Director as part of the building permit approval process. The design of an attached ADU that does not reflect the design vocabulary of the existing primary residence may be approved if the new portion of the structure exhibits a high degree of design quality, including a mix of durable exterior materials, detailing, articulation and modulation. (Ord. 2678 §14, 2022; Ord. 2581 §10, 20018; Ord. 2368 §52, 2012; Old. 2098 63, 2005) 18.50.060 Cargo Containers as Accessory Structures A. Cargo containers are allowed outright in the LI, HI, MIC/L, MIC/H and TVS zones, subject to building setbacks. B. New containers may be allowed as accessory structures in LDR, MDR, and HDR for institutional uses, and in RC, RCM, TUC, TSO and C/LI for any permitted or conditional use. All new containers are subject to a Type 2 special permission decision and the restrictions in the various zoning districts. C. Criteria for approval are as follows: 1. Only two cargo containers will be allowed per lot, maximum length of 40 feet. 2. The container is located to minimize the visual impact to adjacent properties, parks, trails and rights-of-way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights-of-way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 4. If located adjacent to a building, the cargo container must be painted to match the building's color. 5. Cargo containers may not occupy any required off- street parking spaces. 6. Cargo containers shall meet all setback requirements for the zone. 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. D. Licensed and bonded contractors may use cargo containers in any zone for temporary storage of equipment and/or materials at a construction site during construction that is authorized by a City building permit. (Ord, 2235 §i2.2009; Orda 2066 §1, 2004; Ord. 1989 §9, 2002) Produce '• the City of Tukwila, City Clerk's Office Page 18-156 TITLE 18 — ZONING 18.50.070 Yard Regulations A. Fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility to the detriment of public safety. The height of opaque fences along street frontages is limited to 4 feet, with lattice or other open material allowed up to 6 feet. B. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. C. Where the front yard that would normally be required on a lot is not in keeping with the prevailing yard pattern, the Department may waive the requirement for the normal front yard and substitute therefore a special yard requirement, which shall not exceed the average of the yards provided on adjacent lots. D. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. E. In the case of corner lots with more than two frontages, the Department shall determine the front yard requirements, subject to the following conditions: 1. At least one front yard shall be provided having the full depth required generally in the district; 2. The second front yard shall be the minimum set forth in the district; 3. In the case of through lots and corner lots, there will be no rear yards but only front and side yards; 4. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half depth front yards have been established shall be considered side yards. (See Figure 18-4.) (Ord 2199 §15, 2008; Ord, 1758 §1 (part), 1995) 18.50.080 Exemption of Rooftop Appurtenances The height limitations specified in this chapter shall not apply to church spires, monuments, chimneys, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of addi- tional floor area; provided, that mechanical equipment rooms or attic spaces are set back at least 10 feet from the edge of the roof and do not exceed 20 feet in height. (Ord. 1758 §1 (part), 1995) 18.50.083 Maximum Building Length In the MDR and HDR zone, the maximum building length shall be as follows: For all buildings except as described below: MDR HDR............ ................... 50 ft. 50 ft. Maximum building length with bonus for modulating off -sets: • For structures with a maximum building height of 2 stories or 25 feet, whichever is less, and having horizontal modulation ora minimum vertical change in roof profile of 4 feet at least every two units or 50 feet, whichever is less MDR HDR 100 ft. 200 ft. • For structures with a building height over 2 stories or 25 feet, whichever is less, with a horizontal & vertical modulation of 4 feet or an 8 foot modulation in either direction MDR HDR 100 ft. 200 ft. • For townhouse structures with horizontal modulation or a minimum vertical change in roof profile of 4 feet at least every two units or 50 feet, whichever is less MDR HDR 80 ft. 125 ft. Maximum building length with bonus for modulating off -sets: Modulation shall be required for every 2 units or 50 feet, whichever is less, as measured along the building's length. Grouping of offsets in maximum four unit modules may be permitted as part of a design review approval (see Figure 18-5). (Orr, 2.661 §4., 2021; Orsi. 2580§5, 2018 Ord,. 2199 §16, 2008;. Ord. 1758 §1 (part), 1995) 18.50.085 Maximum Percent Development Area Coverage A. In the LDR zones the maximum percent development area coverage for a single-family development shall be as follows: 1. 75% on lots less than 13,000 square feet up to a maximum of 5,850 sq. ft.; and 2. 45% on lots greater than or equal to 13,000 square feet. B. In the MDR and HDR zones the maximum percent development area coverage shall be 50%, less the following surfaces: 1. the footprint of an exclusive recreational facility; 2. a proportion of a recreational facility footprint when contained within a general use building as follows: the portion of the footprint area occupied by a recreational facility divided by the number of floors in that portion of the building; 3. vehicle circulation aisles between separate parking areas; 4. sidewalks; 5. paths; and 6. other pedestrian/recreation facilities clearly designed to enhance the pedestrian environment. Produced by the City of Tukwila, City Clerk's Office Page 18157 TITLE 18 — ZONING C. Senior citizen housing development in HDR is exempt from development area coverage maximum; however, if the senior citizen housing is converted to regular apartments, the 50% limit must be met. D. The 50% maximum development area coverage for townhouse development may be increased up to a maximum of 75% development area coverage, if the applicant uses low -impact development techniques that are technically feasible and in accordance with the Surface Water Design Manual (TMC 14.30). (Ord. 2518 §10, 2016: Ord, 2199 §17, 2008; Ord, 1830 §28, 1998; Ord, 1758 §1 (part), 1995) 18.50.090 Height Limitation for Amusement Devices Amusement devices shall be allowed up to 115 feet in height in any commercial or industrial zones. Any devices that exceed the height limit of the zone in which they are located shall be subject to a conditional use permit. (Ord. 1815 §2,1997) 18.50.110 Archaeological/Paleontological Information Preservation Requirements The following provisions shall apply in all zones: 1. If there is reason to believe that archaeological resources will be disturbed, a cultural resources assessment shall be conducted and, if warranted, an archaeological response plan and provisions for excavation monitoring by a professional archaeologist shall be made prior to beginning construction. The assessment should address the existence and significance of archaeological remains, buildings and structures on the State or Federal historic registers, observable paleontological deposits and may include review by the State Archaeologist. 2. It is recommended that the applicant coordinate a predetermination study by a professional archaeologist during the geotechnical investigation phase, to determine site archaeological potential and the likelihood of disturbing archaeological resources. 3. Excavations into historically native soil, when in an area of archaeological potential, shall have a professional archaeologist on site to ensure that all State statutes regarding archaeological conservation/ preservation are implemented. The applicant shall provide a written commitment to stop work immediately upon discovery of archaeological remains and to consult with the State Office of Archaeology and Historic Preservation (OAHP) to assess the remains and develop appropriate treatment measures. These may include refilling the excavation with no further responsibility. 4. An applicant who encounters Indian burials shall not disturb them and shall consult with OAHP and affected tribal organizations pursuant to State statutes. 5. The Director is authorized to: a. conduct studies to generally identify areas of archaeological/ paleontological potential; b. make determinations to implement these provisions; and c. waive any and all of the above requirements, except for TMC 18.50.110-4 (reporting of discovered Indian burials), if the proposed action will have no probable significant impact on archaeological or historical resources that are eligible for listing in the National Register of Historic Places, or on observable paleontological resources. Examples of such actions include excavation of fill materials, disturbance of less than 10,000 square feet of native soils to a depth of 12 inches, penetration of native soils with pilings over a maximum 8% of the building footprint, and paving over native soils in a manner that does not damage cultural resources. The above examples are illustrative and not determinative. A case-by-case evaluation of archaeological/paleontological potential value and proposed disturbance must be made. (Ord, 2078 §1, 2004) 18.50.130 Structures Over Public R -O -W A developer who controls parcels on both sides of a public right-of-way may request approval to bridge the street with a structure as a Type 2 special permission decision. Only the width of the building that extends across the street is exempt from setbacks; the remainder of the building must meet them. The developer must also obtain air rights and comply with all other relevant codes, including the Washington State Building Code. (Ord, 1971 §18, 2001) 18.50.140 Charging Station Locations Level 1 and Level 2 charging stations are allowed as an accessory use in the predominantly residential zones LDR, MDR and HDR. Level 1 and Level 2 charging stations are allowed as a permitted use in all other zones. Level 3 charging stations, battery exchange stations, and rapid charging stations are allowed as a permitted use in all zones that allow other automotive services such as gas stations, and are allowed as an accessory use in all other zones. (Ord, 2324 §i2, 2011) 18.50.150 Retaining Wall Setback Waiver Retaining walls with an exposed height greater than four feet may be allowed in required front, side or rear yard setbacks as a Type 2 Special Permission decision to the Community Development Director under the following circumstances: 1. When the applicant's property is on the lower side of the retaining wall and it is not visible from adjacent properties or is screened by landscaping; or 2. When a wall built on a property line or perpendicular to it benefits the lots on both sides, and the owners of both properties agree to jointly maintain the wall; or 3. When a wall in a front yard is required due to roadway expansion or improvements. (Ord, 2678 X15, 2022 Ocd. 2176 §2, 2007) Produce `•` g• the City of Tukwila, City Clerk's Office Page 18-158 TITLE 18 — ZONING 18.50.170 Lighting Standards A. Parking and loading areas shall include lighting capable of providing adequate illumination for security and safety. Lighting standards shall be in scale with the height and use of the associated structure. Any illumination, including security lighting, shall be directed away from adjoining properties and public rights- of-way. B. In the MDR and HDR zones, porches, alcoves and pedestrian circulation walkways shall be provided with low level safety lighting. Pedestrian walkways and sidewalks may be lighted with lighting bollards. C. MIC/L and MIC/H. The following site lighting standards shall apply to portions of developments within 100 feet of the Tukwila Manufacturing/Industrial Center boundary as defined in the 1995 Comprehensive Plan: 1. The minimum light levels in parking areas, paths between the building and street or parking areas shall be 1 foot candle; 2. The maximum ratio of average:minimum light level shall be 4:1 for illuminated grounds; 3. Maximum illumination at the property line shall be 2 foot candles; 4. Lights shall be shielded to eliminate direct off-site illumination; and 5. General grounds need not be lighted. D. Variation from these standards may be granted by the Director of the Department of Community Development based on technical unfeasibility or safety considerations. (Ord, 2524 §2, 2017; Ord. /872 §14 (otj, 1999) 18.50.180 Recycling Storage Space for Residential Uses Apartment and condominium developments over six units shall provide 1-1/2 square feet of recycling storage space per dwelling unit, which shall be located in collection points as follows: 1. No dwelling unit within the development shall be more than 200 feet from a collection point. 2. Collection points shall be located so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any public right-of-way. 3. Collection points shall not be located in any required setback or landscape area. (Ord. 2524 §,?, 2017; Ord, 1872 §14 (part), 1999) 18.50.185 Recycling Storage Space for Non - Residential Uses A. Recycling storage space for non-residential uses shall be provided at the rate of at least: 1. Two square feet per every 1,000 square feet of building gross floor area in office, medical, professional, public facility, school and institutional developments. 2. Three square feet per every 1,000 square feet of building gross floor area in manufacturing, industrial and other non- residential uses not specifically mentioned in these requirements. 3. Five square feet per every 1,000 square feet of building gross floor area in retail developments. B. Outdoor collection points shall not be located in any required setback or landscape area. C. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any public right-of-way. (Ord, 2524 §4, 2017; Ord, 1872 §14 (,mad.), 1999) 18.50.190 Design of Collection Points for Garbage and Recycling Containers Residential and non-residential collection points shall be designed as follows: 1. An opaque wall or fence of sufficient size and height to provide complete screening shall enclose any outside collection point. Architectural design shall be consistent with the design of the primary structure(s) on the site. 2. Collection points shall be identified by signs not to exceed two square feet. 3. Weather protection of recyclables and garbage shall be ensured by using weather-proof containers or by providing a roof over the storage area (Ord. 2524 § 5, 2017; Ord, 1872 §14 (par), 1999) 18.50.200 Peer Review of Technical Studies The Department of Community Development will review all technical information submitted as part of any application to verify it meets all requirements of the Tukwila Municipal Code. At the discretion of the Director, any technical studies required as part of the application including, but not limited to, noise reports, lighting plans, and parking demand studies, may undergo peer review at the expense of the applicant. (Ord, 2251 §5O, 2009) Produced by the City of Tukwila, City Clerk's Office Page 18)159