HomeMy WebLinkAboutCOW 2024-07-22 Item 5A - Ordinance - Accessory Dwelling Unit (ADU)COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
07/22/24
IG
ITEM INFORMATION
ITEM No.
5.A. &
Spec 2.C.
STAFF SPONSOR: ISAAC GLOOR
ORIGINAL AGENDA DATE: 7/22/24
AGENDA ITEM TITLE TMC Title 18 Housekeeping: Accessory Dwelling Units
CATEGORY ® Discussion
Mtg Date 7/22/24
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
Z Ordinance
Mtg Date 7/22/24
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
The proposal is to enact housekeeping code amendments for Accessory Dwelling Units
(ADUs) consistent with State requirements. The amendments would permit ADUs in all
zoning districts that permit single family homes and would correct errors in the TMC. The
Council is being asked to consider and approve the ordinance.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ® Planning Comm.
DATE: 7/8/24 COMMITTEE CHAIR: MARTINEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $
$
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
7/22/24
MTG. DATE
ATTACHMENTS
7/22/24
Informational Memorandum dated 7/8/24
Draft Ordinance
Minutes from the PCD Committee meeting of 7/8/24 (distributed separately)
13
14
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development
FROM: Nora Gierloff, DCD Director
BY: Isaac Gloor, Associate Planner
CC: Thomas McLeod
DATE: July 8, 2024
SUBJECT: Title 18 Housekeeping: Accessory Dwelling Units
ISSUE
Minor housekeeping amendments to Title 18 to update Accessory Dwelling Unit development
standards.
BACKGROUND
In November of 2023, the City Council approved zoning code amendments that altered the
development standards for Accessory Dwelling Units (ADUs) to comply with the recently passed
State Law, known during development as HB 1337. These amendments allow for all parcels
where Single -Family Homes are permitted to now develop up to two ADUs, in either attached or
detached form, without owner occupancy and, if near frequent transit, without additional parking.
Parking standards for single-family homes were not changed, and ADUs are still subject to most
of the same development standards as single-family homes are, including setbacks and
impervious surface limits. While the majority of changes made were amendments to TMC 18.50,
the chapter containing 'Supplemental Development Standards', additional areas where code
must be changed to comply with Tukwila's requirements have been identified in the time since
the Council's action.
On May 23rd, 2024, the Planning Commission held a public hearing on this topic and
unanimously agreed to recommend that the City Council approve these amendments.
DISCUSSION
Below is a summary of the identified code sections and proposed changes:
• TMC Table 18-6: Land Uses Allowed by District
o Issue: State law requires that Tukwila permit ADUs anywhere that the City
permits Single -Family Homes. Most of Tukwila's Single -Family Homes are
located within Tukwila's three residential zoning districts: Low -Density
Residential, Medium -Density Residential, and High -Density Residential. The land
use table currently permits ADUs within those districts. However, Tukwila also
permits single-family homes within several other districts, including the Mixed
Use Office (MUO), Office (0), Residential Commercial Center (RCC),
Neighborhood Commercial Center (NCC), Tukwila Valley South (TVS), and
Tukwila South Overlay (TSO) districts. As Table 18-6 does not show that ADUs
are permitted within those districts, Tukwila could not allow a new ADU to be
established within them. This leaves Tukwila out of compliance with the
requirements of State Law.
o Suggested Change: Staff proposes to amend TMC Table 18-6 to include ADUs
as permitted accessory uses within the MUO, 0, RCC, NCC, TVS, and TSO
zoning districts. While this would permit ADUs within 4 additional zoning districts
than what is currently permitted, the impact is expected to be minor, as these
districts do not currently contain many eligible properties and are unlikely to in
the future.
15
INFORMATIONAL MEMO
Page 2
• TMC 18.50.220(B)(3): Accessory Dwelling Unit (ADU) Standards; General Standards
o Issue: This code section establishes the maximum size of detached ADUs,
which, as required by the State, is set at 1000 square feet. However, it also
states that if an ADU is built over a detached garage, the department will not
count the square footage of the detached garage toward the maximum size of an
ADU. While this is accurate, it implies that in other scenarios, the department
would count the square footage of a garage and use that to limit the size of
ADUs. This implicit meaning is unintentional, and if enforced, would violate state
requirements.
o Suggested Change: Staff proposes to amend TMC 18.50.220(B)(3) to remove
the sentence "If built over a detached garage, the detached garage would not
count toward the area limit for the ADU". This change would remove the
implication that other types of garages may count toward ADU area limits. This
sentence is unnecessary, as garages are not habitable and would not count
toward an ADUs floor area in any circumstance.
• TMC 18.50.055(C): Single -Family Dwelling Design Standard Exceptions
o Issue: Washington State allows cities to establish design standards for ADUs,
provided that those standards are no more restrictive than the standards for
single-family dwellings. The TMC does this by establishing design standards for
all new single-family dwellings, as well as accessory dwelling units and other
accessory structures that require a building permit. These standards, as they are
equally applied, comply with State requirements. Prior to the November code
update by Council, Tukwila's Accessory Dwelling Unit standards contained
design requirements that were more restrictive than those for single-family
homes. While those requirements were removed from the code specifically
referencing ADUs, Tukwila's single-family design standards still contain a
reference to the now defunct code section.
o Suggested Change: Staff proposes to correct this scriveners error and remove
TMC 18.50.055(C).
FINANCIAL IMPACT
None.
RECOMMENDATION
The Council is being asked to approve the ordinance as proposed and consider this item at the
July 22, 2024 Committee of the Whole meeting and the Special Meeting Consent Agenda later
that night.
ATTACHMENT
A. 2024 ADU Housekeeping Ordinance
16
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/ADU Housekeeping Ordinance/Info Memo - ADU Housekeeping.docx
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE (TMC) SECTIONS 18.50.055 AND 18.50.220;
AMENDING TABLE 18-6; TO ENSURE ACCESSORY
DWELLING UNIT REGULATION COMPLIANCE WITH STATE
LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila is an incorporated city within a fully planning jurisdiction
under the Growth Management Act (GMA), per RCW 36.70A.040; and
WHEREAS, the City of Tukwila is subject to the provisions of Engrossed House Bill
("EHB") 1337 as a fully planning jurisdiction; and
WHEREAS, Tukwila Municipal Code (TMC) Section 18.50.055 establishes exceptions
from Single -Family design standards relating to Accessory Dwelling Units, and
WHEREAS, TMC Section 18.50.220 establishes development regulations related to
Accessory Dwelling Units; and
WHEREAS, Table 18-6 of the TMC establishes the zoning districts that Accessory
Dwelling Units may be permitted within; and
WHEREAS, on November 6, 2023, the City Council passed Ordinance No. 2716,
updating many of the development regulations existing within the TMC regarding Accessory
Dwelling Units that were non -compliant with EHB 1337; and
WHEREAS, the City has identified sections of the TMC that require further updates to
be compliant with EHB 1337; and
WHEREAS, on May 22, 2024, the City submitted the proposed amendment to the
Washington State Department of Commerce for its expedited 30-day review and received
documentation of completion of the procedural requirement (Submittal ID 2024-S-7090);
and
2024 Legislation: Amend ADU regulations
Version: 6/26/24
Staff: I. Gloor
Page 1 of 4
17
WHEREAS, in taking the actions set forth in this ordinance, the City has complied with
the requirements of the State Environmental Policy Act, Chapter 43.21 C RCW; and any
action taken by a city to comply with the requirements of EHB 1337 is not subject to legal
challenge under chapter 43.21 C RCW; and
WHEREAS, the Tukwila Planning Commission held a duly noticed public hearing on
May 23, 2024; and
WHEREAS, based on careful consideration of the facts and law, the City Council finds
that the proposed amendments attached and incorporated herein should be approved as
presented;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. The City Council finds as follows:
A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B. The amendments that are established below are consistent with EHB 1337.
Section 2. TMC Section 18.50.055 Amended. Ordinance Nos. 2678 §14; 2581 §10;
2368 §52; and 2098 §3, as codified at TMC Section 18.50.055, "Single -Family Design
Standard Exceptions," are hereby amended to read as follows:
18.50.055 Single -Family Design Standard Exceptions
A. The design standards required in TMC Section 18.50.050 (4), (5) and (6) may be
modified by the Community Development Director as part of the building permit approval
process.
1. The criteria for approval of use of unconventional exterior siding are as follows:
a. The structure exhibits a high degree of design quality, including a mix of
exterior materials, detailing, articulation and modulation; and
b. The proposed siding material is durable with an expected life span similar
to the structure; and
c. The siding material enhances a unique architectural design.
2. The criteria for approval of a house with a front door that faces the side or rear
yard are as follows:
a. The topography of the lot is such that pedestrian access is safer or more
convenient from the side or rear yard;
b. The entrance is oriented to take advantage of a site condition such as a
significant view; or
c. The entry feature is integral to a unique architectural design.
2024 Legislation: Amend ADU regulations
Version: 6/26/24
Staff: I. Gloor
Page 2 of 4
18
B. The design standards required in TMC Section 18.50.050 (5) and (6) may also
be modified by the Community Development Director as part of the building permit
approval process if the proposal includes a replacement of a single wide manufactured
home with a double wide and newer manufactured home. The property owner can apply
for this waiver only one time per property starting from the date of adoption of this
ordinance. Additionally, the proposal should result in aesthetic improvement to the
neighborhood.
C. The design standards required in TMC Section 18.50.220.A (4) may be modified
primary residence may be approved if the new portion of the structure exhibits a high
degree of design quality, including a mix of durable exterior materials, detailing,
articulation and modulation.
Section 3. TMC Section 18.50.220 Amended. Ordinance Nos. 2716 §5 and 2581
§11 as codified at TMC Section 18.50.220, "Accessory Dwelling Unit (ADU) Standards,"
subparagraph B.3, are hereby amended to read as follows:
18.50.220 Accessory Dwelling Unit (ADU) Standards
B. General Standards.
1. Two (2) ADUs may be created per lot. The lot shall contain one (1) principal
unit and a maximum of two (2) ADUs. These ADUs may be either attached or detached.
2. Attached ADUs may occupy a maximum of 40% of the square footage of the
principal unit (excluding the area of any attached garage) or up to 1,000 square feet,
whichever is greater.
3. Detached ADUs may be a maximum of 1,000 square feet. If built over a
detached garage, the detached garage would not count toward the area limit for the ADU.
4. Detached ADUs may be up to 25 feet in height.
5. ADUs are subject to the development standards of the zoning district they are
located within. Development standards relating to setbacks and development coverage
do not apply to conversions of existing non -conforming structures that are proposed for
ADU conversion. New ADUs are not subject to rear yard setbacks on parcels where the
rear yard abuts an alley.
6. ADUs may not be rented for periods of less than 30 days.
Section 4. TMC Table 18-6, "Land Uses Allowed by District," Amended.
Ordinance No. 2718 §7, as codified at TMC Table 18-6, "Land Uses Allowed by District" is
hereby amended as forth in the amended Table 18-6 attached as Exhibit A.
Section 7. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
2024 Legislation: Amend ADU regulations
Version: 6/26/24
Staff: I. Gloor
Page 3 of 4
19
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment: Exhibit A, Table 18-6: "Land Uses Allowed by District"
2024 Legislation: Amend ADU regulations
Version: 6/26/24
Staff: I. Gloor
Page 4 of 4
20
Exhibit A — Table 18-6: Land Uses Allowed by District
See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline.
For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of
the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
TVS
TS0
PRO
Adult day care
A
A
A
A
A
A
A
P
Adult entertainment (subject to location restrictions')
P
P
P
P
P
P
P
Airports, landing fields and heliports (except emergency sites)
U
U
U
U
U
U
U
Amusement Parks
C
C
C
C
C
C
P
Animal rendering
U
P
Animal shelters and kennels, subject to additional State and local
regulations (less than 4 cats/dogs = no permit)
C
C
C
C
C
C
Animal Veterinary, including associated temporary indoor boarding;
access to an arterial required
P
P
P
P
P
P
P
P
P
P
Bed and breakfast lodging for not more than twelve guests5
C
C
C
Bed and breakfast lodging (no size limit specified)
C
P
Bicycle repair shops
P
P
P
P
P
P
P
P
P
P
P
P
P
Boarding Homes
C
C
Brew Pubs
P
P
C
P
P
P
P
P
P
P
P
P
P
Bus stations
P
P
P
P
P
P
P
P
P
P
Cargo containers (*see also TMC 18.50.060)
A&S
A&S
A&S
A&S
A&S
A&S
P
P
P
P
P
Cement manufacturing
U
U
U
U
U
U
Cemeteries and crematories
C
C
C
C
C
C
C
C
C
C
C
C
Colleges and universities
C
C
C
C
C
C
C
C
C6
C6
C6
P
Commercial laundries
P
P
P
P
P
P
P
Commercial Parking (Commercial parking is a use of land or structure for
the parking of motor vehicles as a commercial enterprise for which hourly,
daily, or weekly fees are charged. TMC Section 18.06.613)
P7
P7
P7
P7
P7
P8
P8
P8
Adopted 2016 — Ordinance No. 2500
N.) Last Amended 2023 — Ordinance No. 2718
Page 1
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C=Conditional(subjecttoTMC18.64); U=Unclassified(subjecttoTMC
18.66); S = Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/LI
LI
HI
MIC/L
MIC/H
TVS
T50
PRO
Contractor storage yards
P
P
P
P
P
P
Continuing care retirement facility
C
C
C
C
C
C
C
P
Convalescent & nursing homes & assisted living facility for not more
than twelve patients
C
P
P
P
C
P
P
P
P
P
P
Convalescent & nursing homes & assisted living facility for more than
twelve patients
C
C
C
C
C
C
C
P
Convention facilities
P
P
P
P
P
P
P
Correctional institutes
U11
U
U
U
Daycare Centers (not home -based)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Daycare Family Home (Family Child Care Home)12
A
A
A
A
A
A
A
A
A
A
A
Diversion facilities and diversion interim services facilities south of
Strander Blvd
U
Domestic Shelter
P
P
P
P
P
Dormitory
C
C
C
A13
A13
A13
A13
A13
A13
A13
A13
A13
A13
A13
Drive-in theatres
C
C
C
C
C
C
Dwelling — Detached single family (Includes site built, modular home or
new manufactured home). One detached single family dwelling per
existing lot permitted in MUO, 0, RCC, NCC, TVS.
P
P
P
P
P
P
P
P
P
Dwelling- Detached Zero -Lot Line Units
P
Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units
P
P
Dwelling- Townhouses
P
P
Dwelling —Multi-family
P
P14
P
Dwelling — Multi -family units above office and retail uses
P
P
P
P
C15
22/
ac
P
Dwelling —Senior citizen housing, including assisted living facility for seniors
see purpose section of chapter, uses sections, and development
standards
P
meeting
density and
all other
MDR
standards
p
60/ac
P
60/ac
P
60/
ac
p
60/ac
P
60/ac
C15
100/
ac
p
Dwelling unit — Accessory 16
A
A
A
A
A
A
A
A
A
Electrical Substation — Distribution
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Electrical Substation —Transmission/Switching
U
U
U
U
Page 2
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
CA I
LI
HI
MICA
MIC/H
TVS
TSO
PRO
Electric Vehicle Charging Station — Level 1 and Level 2
A
A
A
P
P
P
P
P
P
P
P
P
P
P
P
P
Electric Vehicle Charging Station — Level 3, battery exchange stations, and
rapid charging stations. (TMC 18.50.140)
A
A
A
A
A
A
PP
P
P
P
P
P
P
P
P
Emergency Housing
P37
P37
P37
P37
P37
P37
P37
P37
P37
Emergency Shelter
P37
P37
P37
P37
P37
P37
P37
P37
P37
Essential public facilities, except those uses listed separately in any of the
other zones
U
U
U
U
U
U
U
U
U
Extended -stay hotel
P34
P
P
P
P
P
P
Farming and farm -related activities
P
P
Fire & Police Stations
C
C
C
C
C
CCC
C
C
C
C
C
C
C
P
Fraternal organizations
P
P
CPP
P
P
P
P
P
P
Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as
residence and is subject to the regulations affecting the main building
A
A
Greenhouses (noncommercial) and storage sheds not exceeding
1,000 sq./ft
A
A
A
A
Greenhouses or nurseries (commercial)
P
P
P
P
P
P
P
P
P
Hazardous waste treatment and storage facilities (off -site) subject to
compliance with state siting criteria (RCW Chapter 70.105)
(See TMC 21.08)
C
C
Heavy equipment repair and salvage
P
P
P
P
P
P
Helipads, accessory
C
Home Occupation (Permitted in dwellings as covered in TMC Section
18.06.430.)
A
A
A
A
A
A
A
A
A
A
Hospitals
C
C
C
C
C
C
C
C
P
Hotels
P34
P
P
P
P
C
C
P
P
Hydroelectric and private utility power generating plants
U
U
U
U
U
U
U
U
Industries involved with etching, film processing, lithography, printing and
publishing
P
P
P
P
P
P
P
P
P
Internet Data/Telecommunication Centers
C
P
P
P
P
P
P
P
Landfills and excavations which the responsible official, acting pursuant
to the State Environmental Policy Act, determines are significant
environmental actions
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Laundries; self -serve, dry cleaning, tailor, dyeing
P
P
P
P
P
P
P
P
P
P
P
P
P
Libraries, museums, or art galleries (public)
C
C
P
P
P
C
P
P
P
P
P
P
P
P
P
P
Manuf./Mobile home park 17
C
P
Page 3
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
Rcc
NCC
RC
RCM
CA I
LI
HI
MIC/L
MIC/H
TVS
TSO
PRO
Manufacturing and industrial uses that have little potential for creating
off -site noise, smoke, dust, vibration or other external environmental
impacts or pollution:
A) Manufacturing, processing and/or packaging pharmaceuticals
and related products, such as cosmetics and drugs
P18
P
P
P
P
P
P
P
P
P
B) Manufacturing, processing and/or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes,
canvas, clay, clothing, fur, furniture, glass, ink, paint, paper,
plastics, rubber, tile, and wood
P18
P
P
P
P
P
P
P
P
P
C) Manufacturing, processing, assembling, packaging and/or
repairing electronic, mechanical or precision instruments such as
medical and dental equipment, photographic goods,
measurement and control devices, and recording equipment
P18
P
P
P
P
P
P
P
P
P
D) Manufacturing, processing, packaging of foods, such as baked
goods, beverages, candy, canned or preserved foods, dairy
products and byproducts, frozen foods, instant foods, and meats
(no slaughtering)
i) Fermenting and distilling included
P
P
P
P
ii) No fermenting and distilling
P18
P
P
P
P
P
Manufacturing and industrial uses that have moderate to substantial
potential for creating off -site noise, smoke, dust, vibration or other
external environmental impacts:
(A) Manufacturing, processing and/or assembling chemicals, light
metals, plastics, solvents, soaps, wood, coal, glass, enamels,
textiles, fabrics, plaster, agricultural products or animal products
(no rendering or slaughtering)
C
C
P
C
P
C
(B) Manufacturing, processing and/or assembling of previously
manufactured metals, such as iron and steel fabrication; steel
production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses
C
C
P
C
P
C
(C) Manufacturing, processing and/or assembling of previously
prepared metals including, but not limited to, stamping, dyeing,
shearing or punching of metal, engraving, galvanizing and hand
forging
C
C
C
P
P
P
P
C
D) Manufacturing, processing, assembling and/or packaging of
electrical or mechanical equipment, vehicles and machines
including, but not limited to, heavy and light machinery, tools,
airplanes, boats or other transportation vehicles and equipment
P
P
P
P
P
C
E) Heavy metal processes such as smelting, blast furnaces,
drop forging or drop hammering
C
P
Page 4
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L
LI
HI
MIC/L
MIC/H
TVS
T50
PRO
Manufacturing that includes rock crushing, asphalt or concrete
batching or mixing, stone cutting, brick manufacture, marble works,
and the assembly of products from the above materials
C
C
P
C
P
C
C
Manufacturing, refining or storing highly volatile noxious or explosive
products (less than tank car lots) such as acids, petroleum products, oil or
gas, matches, fertilizer or insecticides; except for accessory storage of
such materials
U
U
U
U
Marijuana producers, processors, or retailers (with state issued license)
P
P
P19
Mass transit facilities
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
Medical and dental laboratories
P
P
P
P
P
P
P
P
P
Minor expansion of an existing warehouse 20
S
Mortician and funeral homes
P
P
P
P
P
P
C
Motels
P
P
P
P
P
C
C
P
P
Offices including: medical, dental, government (excluding fire & police
stations), professional, administrative, computer software development,
business, e.g. travel, real estate & commercial
P22
P
P22
P23
P
P
P
P
P
P9
C10
P24
C25
P
P
Office or sample room for wholesale or retail sales, with less than
50% storage or warehousing
P
Park & ride lots
C
C
C
C
C
C
C
C
C
C
C
C
Parking areas
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Parking areas, for municipal uses and police stations
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Parks, trails, picnic areas and playgrounds (public), but not including
amusement parks, golf courses, or commercial recreation
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Pawnbroker/Payday lender
C
C
P
P
P
P
P
Permanent Supportive Housing
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
Planned Shopping Center (mall)
P
P
P
P
P
P
P26
Radio, television, microwave, or observation stations and towers
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Railroad freight or classification yards
U
U
U
U
Railroad tracks (including lead, spur, loading or storage)
P
P
P
P
P
P
Page 5
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special Permission (Administrative approval by the Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
TVS
TSO
PRO
Recreation facilities (commercial — indoor) — athletic or health clubs i
P
P
P
P
P
P
P
P
C3
P
P
P
Recreation facilities (commercial — indoor), including bowling alleys,
skating rinks, shooting ranges
C
P
P
P
P
P
P
Recreation facilities (commercial — outdoor), including golf courses,
golf driving ranges, fairgrounds, animal race tracks, sports fields
C
C
C
C
Recreation facilities (public), including, but not limited to sports
fields, community centers and golf courses
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
Recreational area and facilities for employees
A
A
A
A
A
A
A
A
A
A
A
A
A
Religious facilities with an assembly area less than 750 sq.ft.
C
C
C
P
P
P
P
P
P
P
P
P
P
P
Religious facilities with an assembly area greater than 750 sq.ft. and
associated community center buildings
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Removal and processing of sand, gravel, rock, peat, black soil and other
natural deposits together with associated structures
U
U
U
U
U
U
Rental of vehicles not requiring a commercial driver's license
P36
P
P
P
P
P
P
P
P
Rental of commercial trucks and fleet rentals requiring a commercial I
driver's license
P
P
P
P
P
P
P
Research and development facilities
P
P
Residences for security or maintenance personnel
A
A
A
A
A
A
A
A
A
A
A
A
A
Restaurants, drive -through permitted
P35
P
P
P
P
P
P
P
P
Restaurants, drive -through not permitted
P
P
C
P
Retail, General
P
P4
P
P35
P35
P
P
P
P
C3
C3
P
p
Sales and rental of heavy machinery and equipment subject to landscaping
requirements of TMC Chapter 18.52*
P
P
P
P
P
P
P
Salvage and wrecking operations
P
P
C
Salvage and wrecking operations which are entirely enclosed within a
building
P
P
P
P
Sanitariums, or similar institutes
C
Schools and studios for education or self-improvement
P
P
P
P
P
P
P
P
P
P9
C10
P27
P
P
Schools, preschool, elementary, junior & senior high schools (public),
and equivalent private schools
C
C
C
C
C
C
C
C
C
C
C
P
(public
only)
Secure community transition facility 28
U
Page 6
P = Permitted outright; A = Accessory (customarily appurtenant and
incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to
TMC 18.66); S = Special Permission (Administrative approval by the
Director)
LDR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MIC/L
MIC/H
TVS
TSO
PRO
Self -storage facilities
P
P
P
P
P
P
P
P
P
Sewage lift station
U
U
U
U
U
U
U
P
Shelter
P
P
P
P
P
Stable (private)
A29
A29
A29
P
Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened
pursuant to TMC Chapter 18.52
P
P
P
P
P
P
P
P
P
Storage (outdoor) of materials is permitted up to a height of 20 feet
with a front yard setback of 25 feet, and to a height of 50 feet with a
front yard setback of 100 feet; security required
P
P
P
C
C
Storm water - neighborhood detention + treatment facilities
U
U
U
U
U
U
U
P
Storm water pump station
U
U
U
U
U
U
U
Studios — Art, photography, music, voice and dance
P
P
P
P
P
P
P
P
P
Taverns, nightclubs
P
P
P
P
P
P30
P30
P
P
Telephone exchanges
P
P
P
P
P
P
P
P
P
P
P
P
Theaters, except those theaters which constitute "adult entertainment
establishments" as defined by this Zoning Code
P
P
P
P
P
P
P
P31
Tow -truck operations, subject to all additional State and local regulations
P
P
P
P
P
P
P
Transfer stations (refuse and garbage) when operated by a public agency
U
U
U
U
Transitional Housing
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
P38
Truck terminals
P
P
P
P
P
P
Utilities, regional
C
Vehicle sales lot2
P32
P
P
P
P
P
P
Vehicle service station
P33
P33
P
P
P
P
P
P
P
P
Vehicle storage (no customers onsite, does not include park -and -fly operations)
P
Warehouse storage and/or wholesale distribution facilities
P
P
P
P
P
P
P
P
Water pump station
U
U
U
U
U
U
U
P
Water utility reservoir and related facilities
U
U
U
U
U
U
U
Wireless Telecommunications Facilities (*see TMC Ch. 18.58)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is:
a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and
b. Consistent with the stated purpose of the zone; and
c. Consistent with the policies of the Tukwila Comprehensive Plan.
Page 7
1. Adult entertainment establishments are permitted, subject to the following location restrictions:
a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located
within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property;
(2) In or within one-half mile of:
(a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and
(b) Care centers, preschools, nursery schools or other child care facilities;
In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel; or
(c) public library.
b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use
is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured
by following a straight line between the nearest points of public entry into each establishment.
(3)
2. No dismantling of cars or travel trailers or sale of used parts allowed.
3. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses.
4. Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g. drive-ins, service
stations).
5. Bed and breakfast facilities, provided:
a. the manager/owner must live on -site,
b. the maximum number of residents, either permanent or temporary, at any one time is twelve,
c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on -site to customers, and
f. all necessary permits or approvals are obtained from the Health Department.
6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use.
7. Commercial parking; provided it is:
a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use; or
b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
8. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations.
Page 8
9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established
aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics.
10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established
aviation, manufacturing or industrial use, 20,000 square feet and over.
11. Correctional institution operated by the City of Tukwila.
12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone.
13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools.
14. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and
TMC Section 18.52.060, 2-4, Recreation Space Requirements.
15. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed -use development that is non -industrial in nature); must be located
on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond.
16. See TMC Section 18.50.220 for accessory dwelling unit standards.
17. Manufactured/mobile home park, meeting the following requirements:
a. the development site shall comprise not less than two contiguous acres;
b. overall development density shall not exceed eight dwelling units per acre;
c. vehicular access to individual dwelling units shall be from the interior of the park; and
d. emergency access shall be subject to the approval of the Tukwila Fire Department.
18. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. These
businesses may manufacture, process, assemble and/or package the following:
a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no
slaughtering);
b. pharmaceuticals and related products such as cosmetics and drugs;
c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood;
d. electronic, mechanical, or precision instruments;
e. other manufacturing and assembly of a similar light industrial character;
f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk-in
basis;
g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk-in basis and meeting the
City's performance standards.
19. Where the underlying zoning is HI or TVS.
Page 9
20. Minor expansion of an existing warehouse if the following criteria are met:
a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse;
b. The proposed expansion will not increase any building dimension that is legally non -conforming;
c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement;
d. The proposed expansion must be constructed within two years of the date of approval;
e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design;
f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located.
21. Movie theaters with more than three screens if the following criteria are met:
a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila;
b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design;
c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan;
d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located.
22. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above.
23. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila
International Boulevard.
24. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC).
25. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions:
a. New Office Developments:
(1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003.
(2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are
shown in Figure 18-12.
b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a
conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may
convert to a stand-alone office use subject to the provisions of this code.
26. Planned shopping center (mall) up to 500,000 square feet.
27. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use.
28. Secure community transition facility, subject to the following location restrictions:
a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located
within or outside the City limits:
(1) In or within 1,000 feet of any residential zone.
(2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include:
(a) Public and private schools;
(b) School bus stops;
Page 10
(c) Licensed day care and licensed preschool facilities;
(d) Public parks, publicly dedicated trails, and sports fields;
(e) Recreational and community centers;
(f) Churches, synagogues, temples and mosques; and
(g) Public libraries.
(3) One mile from any existing secure community transitional facility or correctional institution.
b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is
completely surrounded by parcels ineligible for the location of such facilities.
c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285,
which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel
of property or land use district boundary line from which the proposed land use is to be separated.
d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure
18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into
consideration to determine if the proposed site meets the siting criteria at the time of the permit application.
29. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each
20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot.
30. No night clubs.
31. Theaters for live performances, not including adult entertainment establishments and movie theaters with three or fewer screens are permitted. Movie theaters with more than three screens
will require a Special Permission Permit.
32. Automotive sales must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on December
15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. Pre-existing legally established automotive
sales where existing parking lots abut the public frontage must provide effective visual screening of the parking lot from sidewalks (or street if no sidewalk currently exists) using Type II
landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive
months and a new business is proposed.
33. Allowed; however, if in the TIB Study Area, as set forth in Figure 18-60, the following conditions apply: Outdoor storage of vehicles, tires, or other materials used for service is not permitted.
Gas stations are permitted if the pumps and parking are located behind the building, the pumps meet the setback requirements, and the pumps comply with building and fire codes. Queuing lanes
are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB Study Area. Pre-existing
legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide effective visual screening of the parking and outdoor stored materials from
sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the
business is vacated or abandoned for more than 24 consecutive months and a new business is proposed.
34. Allow if the following are provided: a full -service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms.
35. Allowed, however if in the TIB Study area, as set forth in Figure 18-60, the following conditions apply: Drive -through facilities are permitted when located behind a building. Queuing lanes are
not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to
a side street, where feasible.
36. Automotive rentals must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on
December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date.
Page 11
37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270.
38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270.
Page 12