Loading...
HomeMy WebLinkAboutReg 2024-10-21 Item 4C - Ordinances - Implement Provisions of Senate Bill 5290COUNCIL AGENDA SYNOPSIS Imtrals Meeting Date Prepared by Mayor's review Council review 08/12/24 IG 10/21/24 IG ITEM INFORMATION ITEM No. 4.C. STAFF SPONSOR: ISAAC GLOOR ORIGINAL AGENDA DATE: 08/12/24 AGENDA ITEM TITLE Permitting Process Improvements CATEGORY ® Discussion Mtg Date Motion Resolution Mtn Date Mtn Date ® Ordinance Mtg Date 9/16 Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ PcER ❑ Police ❑ PW SPONSOR'S SUMMARY Amendments to Tukwila Municipal Code Titles 8, 16, 17, 18, and 19 are needed to consolidate and simplify permit procedures and comply with recently passed Washington State legislation SB 5290 and HB 1293. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ LTAC Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 6/10 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 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/12/24 Forwarded to Regular Meeting Consent Agenda 10/21/24 MTG. DATE ATTACHMENTS 10/21/24 Final Ordinance amending Title 8 Final Ordinance amending Title 16 Final Ordinance Repealing & Reenacting Title 17 and Exhibits Ordinance Repealing & Reenacting Title 18 (Exhibit B: Draft and Final Form) Final Ordinance Repealing & Reenacting Title 19 and Exhibits Final Ordinance amending Title 21 1 2 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2293 §13 AND 2676 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 8.22.120; AMENDING ORDINANCE NO. 2547 §12, AS CODIFIED AT TMC SECTION 8.45.070; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB 5290"), which made changes to the land use permitting process; and WHEREAS, certain sections of Chapter 8 of the Tukwila Municipal Code ("TMC") need to be updated and brought into compliance with SB 5290; and WHEREAS, there are also certain ambiguities and policies in the TMC that need to be revised and updated; and WHEREAS, the City Council finds that the amendments herein further the public health, safety, and welfare of the residents of Tukwila. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. TMC Section 8.22.120 Amended. Ordinance Nos. 2293 §13 and 2676 §1, as codified at TMC Section 8.22.120, "Variances," is hereby amended to read as follows: A. Any person who owns or operates a sound -producing source may apply for a variance. B. Applications for Noise Variances for 30 days or less shall be processed as Type 1 decisions, subject to the provisions found at TMC Chapter 18.104. 2024 Legislation: Title 8 amendments Version: 10/17/24 Staff: I. Gloor Page 1 of 5 3 C. Applications for Noise Variances in excess of 30 days shall be processed as Type 3 decisions, subject to the provisions found at TMC Chapter 18.104. D. No variance in the provisions or requirements of this chapter shall be authorized by the administrator unless the administrator finds that all of the following facts and conditions exist: 1. There are exceptional or extraordinary circumstances or conditions applying to the appellant's property or as to the intended use thereof that do not apply generally to other properties in the same noise control district; 2. Such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the appellant, such right being possessed by the owners of other properties in the same noise control district; 3. The authorization of such variance does not endanger public health or safety of named persons in the same or adjacent noise control districts; 4. The granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC Section 8.22.010. E. In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including but not limited to: 1. Specific dates and times for which the variance is valid; 2. Additional mitigation measures or public notice requirements as determined by the administrator. 3. If the notice of application is for a sound generating event that does not start within thirty days of the notice, the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi -family complexes. Written notice shall be provided between ten and thirty days of the onset of activity and shall enumerate the anticipated work schedule for the length of the project. An affidavit of distribution shall be provided to the City. F. In establishing conditions on granting a variance, the administrator shall consider: 1. Whether the public health, safety or welfare is impacted; 2. The social and economic value of the activity for which the variance is sought; 3. The ability of the applicant to apply best practical noise control measures; 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and 5. Any comments received during public notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past. 2024 Legislation: Title 8 amendments Version: 10/17/24 Staff: I. Gloor 4 Page 2 of 5 G. The variance permit may be revoked by the administrator and the issuance of future variance permits withheld, if there is: 1. Violation of one or more conditions of the variance permit; 2. Material misrepresentation of fact in the variance application; or 3. Material change in any of the circumstances relied upon by the administrator in granting the variance. Section 3. TMC Section 8.45.070 Amended. Ordinance No. 2547 §12, as codified at TMC Section 8.45.070, "Notice of Violation and Order," is hereby amended to read as follows: A. Notice of Violation and Order: For all other civil violations of the Tukwila Municipal Code, upon the Code Enforcement Officer determining that a violation of the TMC exists, the Code Enforcement Officer may serve a Notice of Violation and Order upon the person(s) responsible for the condition. The Notice of Violation and Order shall contain the following information: 1. A citation to the standard, code provision or requirement violated, along with a description of the specific violation present; 2. The corrective action, if any, that is necessary to comply with the standard, code provision or requirement; 3. The date by which the corrective action(s) shall be completed by the person(s) responsible ("compliance date"); and 4. An explanation of the appeal process and the specific information required to file an appeal. B. Service of a Notice of Violation and Order: Service of a notice of violation and order issued pursuant to this chapter shall be made using one of the following methods: 1. Personal service is accomplished by (a) handing the document to the person subject thereto or (b) leaving it at their last known dwelling house or usual place of abode with a person of suitable age and discretion then residing therein or (c) leaving it at their office or place of employment with a person in charge thereof. Personal service is complete immediately upon completion of the action specified above. 2. Service by posting is accomplished by affixing a copy of the document in a conspicuous place on the subject property or structure, or as near to the affected property or structure as feasible, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. Service by posting is complete immediately upon completion of the action specified above. 3. Service by mail is accomplished by placing the document in first-class mail, postage prepaid, to the last known address of the person to whom the document is directed. The last known address shall be any of the following: (a) address provided to the City by the person to whom the document is directed; (b) the address on file with the City at the time the document is mailed; (c) the address of the property where the violation is occurring; or 2024 Legislation: Title 8 amendments Version: 10/17/24 Staff: I. Gloor Page3of5 5 (d) the address shown on the official property tax information website for King County, Washington State Department of Licensing, or Washington Secretary of State Office. Service by mail shall be deemed complete two days following the date of mailing. 4. Overnight service is accomplished by placing the document, delivery prepaid, with an overnight service bearing a delivery address listed in subsection (B)(3) of this section. Overnight service shall be deemed complete the following day. 5. Service by publication is accomplished by publishing the document pursuant to RCW 4.28.100 and 4.28.110, as now or hereafter amended. Service by publication shall be deemed complete upon final publication as set forth in RCW 4.28.110. C. Proof of Service: Proof of service may be made by written affidavit or declaration under penalty of perjury by the person effecting service, declaring the time, date and manner thereof. If service is made solely by posting or publication, proof of service shall include a statement as to what steps were used in attempting to serve personally or by mail. The City shall take and retain a photograph of the document if service is made by posting. No additional proof of service beyond the requirements in this chapter shall be required by the hearing examiner or other entity. Any failure of the person to whom a document is directed to observe a document served by posting or publication shall not invalidate service nor the document so served. D. AMENDMENT: A Notice of Violation and Order may be amended at any time in order to: 1. Correct clerical errors; or 2. Cite additional authority for a stated violation. E. ORDER BECOMES FINAL UNLESS APPEALED: Unless an appeal is filed with the Code Enforcement Officer for hearing before the Hearing Examiner in accordance with TMC Section 8.45.110, the Notice of Violation and Order shall become the final administrative order of the Code Enforcement Officer. F. RECORDING: A copy of the notice may be filed and recorded with the King County Recorder. Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. 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. 2024 Legislation: Title 8 amendments Version: 10/17/24 Staff: I. Gloor 6 Page 4 of 5 Section 6. 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 (5) 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, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney 2024 Legislation: Title 8 amendments Version: 10/17/24 Staff: I. Gloor Page 5 of 5 7 8 City of Tuli:: ila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2171 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 16.04.040; AMENDING ORDINANCE NOS. 2171 §1 (PART), 2648 §4, 2673 §1, AND 2702 §4, AS CODIFIED AT TMC SECTION 16.04.250; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB 5290"), which made changes to the land use permitting process; and WHEREAS, certain sections of Chapter 16 of the Tukwila Municipal Code ("TMC') need to be updated and brought into compliance with SB 5290; and WHEREAS, there are also certain ambiguities and policies in the TMC that need to be revised and updated; and WHEREAS, the City Council finds that the amendments herein further the public health, safety, and welfare of the residents of Tukwila. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. TMC Section 16.04.040 Amended. Ordinance No. 2171 §1 (part), as codified at TMC Section 16.04.040, "Compliance with Other Regulations as Prerequisite for Building Permits," is hereby revised to read as follows: 16.04.040 Compliance with Other Regulations as Prerequisite for Building Permits 2024 Legislation: Title 16 amendments Version: 10/17/24 Staff: I. Gloor Page 1 of 4 9 A. No building permit shall be issued if the construction authorized by the permit will violate any existing applicable law or City ordinance. B. No building permits shall be issued prior to the approval of any land use permits required for the project. Land use permit requirements can be found in TMC Title 18. Section 3. TMC Section 16.04.250 Amended. Ordinance Nos. 2171 §1 (part), 2648 §4, 2673 §1, and 2702 §4, as codified at TMC Section 16.04.250, "Procedures Applicable to All Construction Permits," is hereby amended to read as follows: 16.04.250 Procedures Applicable to All Development Permits A. Fees: Permit and plan review fees applicable to all development permits shall be in accordance with the permit fee schedule adopted by resolution of the City Council. B. Application Requirements: Applications for development permits shall be processed as Type 1 decisions, subject to the provisions of TMC Chapter 18.104. If any section of TMC Chapter 18.104 conflicts with the provisions of TMC Section 16.04.250, the provisions of this code section shall prevail. C. Inspections: Work covered without inspection or work not ready at the time of inspection may be charged a re -inspection fee at the hourly rate in accordance with the permit fee schedule adopted by resolution of the City Council. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. D. Work without Permits: Any person who commences work before obtaining the necessary permits required by the Washington State adopted codes and Tukwila Municipal Code to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure; or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system; or to cause any such work to be performed on a building or structure before obtaining the necessary permits shall be charged double the fee established in accordance with the permit fee schedule adopted by resolution of the City Council. E. Fee Refunds: The Building Official may refund any permit fee paid by the original permit applicant that was erroneously paid or collected. The Building Official may also authorize the refund of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with the code. Where a plan review fee has been collected, no refund will be authorized once it has been determined that the application is complete, and the plan review process has commenced. Refund of any permit fee paid shall be requested by the original permit applicant in writing and not later than 180 days after the date of fee payment. F. Owner -occupied residential remodel permits: Owner -occupied residential remodel permits for projects not exceeding $20,000.00 in valuation are eligible for a flat fee per the following: 1. The flat fee includes all permit and other associated fees in accordance with the permit fee schedule adopted by resolution of the City Council. 2024 Legislation: Title 16 amendments Version: 10/17/24 Staff: I. Gloor 10 Page 2 of 4 2. The valuation will be cumulative during a rolling one-year period. 3. All requirements for submittal documents and inspections are as required for a new house under this section; only the fee is reduced. 4. Projects that exceed the $20,000.00 limit will be subject to the standard permit fees in accordance with the permit fee schedule adopted by resolution of the City Council. G. Appeals: All references to Board of Appeals are amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one of the following conditions exists. 1. The true intent of the code or ordinance has been incorrectly interpreted. 2. The provisions of the code or ordinance do not fully apply. 3. The decision is unreasonable or arbitrary as it applies to alternatives or new materials. 4. Notice of Appeal procedures shall be in accordance with TMC Section 18.116.030. H. Violations: Whenever the authority having jurisdiction determines there are violations of this code, a Notice of Violation shall be issued to confirm such findings. Any Notice of Violation issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice of Violation shall be posted on the premises in a conspicuous place, at or near the entrance to such premises, and the Notice of Violation shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. I. Penalties: Any person, firm or corporation who shall willfully violate or fails to comply with a Notice of Violation is liable for the monetary penalties prescribed in TMC Section 8.45.120.A.2. Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. 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. 2024 Legislation: Title 16 amendments Version: 10/17/24 Staff: I. Gloor Page 3 of 4 11 Section 6. 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 (5) 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, 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: 2024 Legislation: Title 16 amendments Version: 10/17/24 Staff: I. Gloor 12 Page 4of4 City of Tul: :ila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 17, "SUBDIVISIONS AND PLATS"; REENACTING TITLE 17; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB 5290"), which made changes to the land use permitting process; and WHEREAS, the City desires to update language in the Tukwila Municipal Code (TMC), Title 17, "Subdivisions and Plats," in alignment with current practices, to improve clarity, and to bring the TMC into compliance with SB 5290 ; and WHEREAS, the City Council finds that the amendments herein further the public health, safety, and welfare of the residents of Tukwila. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. Repealer. All ordinances as codified in Title 17, "Subdivisons and Plats," and as referenced in Exhibit A, are hereby repealed, thereby eliminating Title 17 in its entirety. Section 3. TMC Title 17 Reenacted. TMC Title 17 is hereby reenacted to read as follows: TITLE 17 SUBDIVISIONS AND PLATS Chapters: 17.04 General Provisions 17.08 Boundary Line Adjustments and Lot Consolidations 17.12 Detailed Procedures for Short Subdivisions 2024 Legislation: Title 17 Repeal and Reenact Version: 7/29/24 Staff: I. Gloor Page 1 of 2 13 17.14 Detailed Procedures for Long Subdivisions 17.16 Detailed Procedures for Binding Site Improvement Plans (BSIPs) 17.20 Design and Improvement Standards for the Subdivision of Land 17.24 Procedures for Public Improvements 17.28 Penalties, Severability, Liability Section 4. Chapters Established. All chapters of TMC Title 17 are hereby established to read as referenced in Exhibit B. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 (5) 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, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Exhibit A: Repealers Exhibit B: Reenacted Title 17, "Subdivisions and Plats" 2024 Legislation: Title 17 Repeal and Reenact Version: 7/29/24 Staff: I. Gloor 14 Page 2of2 EXHIBIT A: REPEALERS Chapters 17.04 General Provisions Ordinance(s) Repealed 1833 §1 (part) 17.08 Boundary Line Adjustments and Lot Consolidations 1833 §1 (part); 2649 §2; 2677 §1 17.12 Detailed Procedures for Short Subdivisions 1833 §1 (part); 2199 §1 & §2; 2649 §3 17.14 Detailed Procedures for Subdivisions 1833 §1 (part); 2124 §1 & §2; 2199 §3 & §4; 2649 §4, §5, §6 & §7; 2716 §2 17.16 Detailed Procedures for Binding Site Improvement Plan (BSIP) 17.20 Design and Improvement Standards for the Subdivision of Land 17.24 Procedures for Public Improvements 17.28 Exceptions, Penalties, Severability Liability 1833 §1 (part); 2236 §1, §2, §3 & §4 §5, & §6; 2251 §2 1833 §1 (part); 1971 §21; 2649 §8 1833 §1 (part); 2124 §3 (part); 2649 §9 & §10 1833 §1 (part); 1838 §16; 2124 §4 2549 §20 & §21 15 Chapters: 17.04 17.08 17.12 17.14 17.16 17.20 17.24 17.28 Sections: 17.04.010 17.04.020 17.04.030 17.04.040 17.04.050 17.04.060 17.04.070 17.04.010 Title TITLE 17 SUBDIVISIONS AND PLATS General Provisions Boundary Line Adjustments and Lot Consolidations Detailed Procedures for Short Subdivisions Detailed Procedures for Long Subdivisions Detailed Procedures for Binding Site Improvement Plans (BSIPs) Design and Improvement Standards for the Subdivision of Land Procedures for Public Improvements Penalties, Severability, Liability CHAPTER 17.04 GENERAL PROVISIONS Title Purpose Scope and Exceptions Definitions Dedications Survey Content Notification of Other Agencies A. This code shall be known as the "City of Tukwila Subdivision Code." 17.04.020 Purpose A. The purpose of this code is to provide rules, regulations, requirements, and standards for subdividing land in the City, insuring that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that the character of the developing area is safeguarded and promoted; that proper provisions for all public facilities including circulation, utilities, open space, and services shall be made; and that the goals and policies of the Tukwila Comprehensive Plan are furthered through the subdivision of land. 17.04.030 Scope and Exceptions A. Scope: 1. The subdivision of land within the City of Tukwila shall comply with Chapter 58.17 RCW. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 16 Page 1 of 34 2. Where this code imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this code shall prevail. B. Exceptions: 1. This ordinance shall not apply to divisions and activities described as inapplicable in RCW 58.17.040; provided that boundary line adjustments and lot consolidations are subject to the provisions contained in TMC Chapter 17.08; provided further that binding site improvement plans are subject to the provisions contained in TMC Chapter 17.16. 17.04.040 Definitions A. The definitions of the Zoning Code, TMC Chapter 18.06, are hereby adopted by reference. 17.04.050 Dedications A. Act of Dedication: The intention to dedicate real property to the public shall be evidenced by showing the dedication on the plat prepared for approval. All dedications, including easements, rights -of -way and real property shall be clearly and precisely indicated on the face of the plat. Unless specifically noted otherwise on the plat, approval of the plat for recording shall constitute acceptance of the dedications. B. Public Streets: All streets and parcels of land shown on the final plat and intended for public use shall be offered for dedication for public use, except the approving entity may allow the conveyance of certain public improvements to be conveyed to a homeowner's association or similar non-profit corporation. C. Certificate: If the subdivision includes a dedication, the final plat shall include a certificate of dedication or reference to a separate written instrument which dedicates all required streets and other areas to the public. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by every person having any ownership interest in the lands divided and recorded as part of the final plat. D. Title Report: Every proposed final plat containing a dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the certificate of dedication. 17.04.060 Survey Content A. Information: All surveys submitted for boundary line adjustments, lot consolidations, short subdivisions, subdivisions, binding site improvement plans, or any other permits, shall include the following information: 1. The name of the plat, City of Tukwila file number, graphic scale and north arrow. The survey shall be done to a scale of one inch equals 100 feet unless otherwise approved by the Department, and shall be drawn with black drawing ink in record of survey format. 2. Existing features such as rivers, streets, railroads and structures. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 2 of 34 17 3. The lines and names of all existing or platted streets or other public ways, parks, playgrounds, and easements adjacent to the final plat, subdivision or dedication, including municipal boundaries, township lines, and section lines. 4. In the event the plat constitutes a replat, the lots, blocks, streets, etc., of the previous plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity. 5. Legal description of the subdivision boundaries. 6. A complete survey of the section or sections in which the plat or replat is located, if necessary, including: a. All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision. Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this title. b. City or County boundary lines when crossing or adjacent to the subdivision. c. The location and width of streets and easements intersecting the boundary of the tract. d. Tract, block and lot boundary lines and street rights -of -way and centerlines, with dimensions, bearings, radii, arcs and central angles, points of curvature and tangent bearings. Tract boundaries, lot boundaries and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest one -hundredth foot. e. The width and location of existing and proposed easements and rights - of -way. 7. Lot and block numbers beginning with the number one (1) and numbered consecutively without omission or duplication. 8. Tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and any limitations. B. Statements: The plat shall include the following statements: 1. A statement to be signed by the Director of Public Works approving the survey data, the layout of the streets, alleys and other rights -of -way, design of bridges, sewage and water systems, drainage systems and other structures. 2. A certificate bearing the printed names of all persons having an interest in the subdivided land, signed by the persons and acknowledged by them before a notary public, consenting to the subdivision of the land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses, and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 18 Page 3 of 34 3. A certificate with the seal of and signature of the surveyor responsible for the survey and final plat with the following statement: , registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown thereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat." 4. Certification from the King County Treasurer that all taxes and assessments for which the property may be liable have been duly paid, satisfied or discharged as of the date of certification. 5. Certification of examination and approval by the County Assessor. 6. Recording Certificate for completion by the King County Department of Executive Services. 7. Certification of Examination and Approval by the Seattle -King County Health Department when the lot(s) are served by septic system(s). 8. City of Tukwila Finance Director Certificate that states there are no delinquent special assessments, and that all special assessments on any of the property that is dedicated as streets, alleys or for other public use are paid in full at the date of certification. 9. Certification by the Director of Public Works that the applicant has complied with one of the following: a. All improvements have been installed in accordance with the requirements of this title and with the preliminary plat approval, and that original and reproducible records in a format approved by Public Works and meeting current Public Works drawing standards for road, utility and drainage construction plans certified by the designing engineer as being "as constructed" have been submitted for city records. b. An agreement and bond or other financial security have been executed in accordance with TMC 17.24.030 sufficient to assure completion of required improvements and construction plans. 10.Certificate of dedication pursuant to TMC 17.04.050C. 11. or short subdivisions, binding site improvement plans, boundary line adjustments, and lot consolidations, a certificate of approval to be signed by the Director of the Department of Community Development, the Director of the Public Works Department, and the Fire Marshal. 12. For long subdivisions, a certificate of approval to be signed by the Mayor and City Clerk. Exhibit B: Title 17 Repeal and Reenact Page 4 of 34 Version: 10/17/24 19 17.04.070 Notification of Other Agencies A. Notice of the filing of an application for a preliminary subdivision within 1,000 feet of the municipal boundaries, or which contemplates the use of special use districts or other city's or town's utilities, shall be given to the appropriate special districts, county, city or town authorities. Notice of the filing of an application for a preliminary subdivision located adjacent to the right-of-way of a State highway shall be given to the State Department of Highways. In addition, notice of all applications for preliminary subdivisions shall be submitted to the appropriate school district. All such notices shall include the hour, location, and purpose of the hearing and a description of the property to be divided. CHAPTER 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS Sections: 17.08.010 Purpose 17.08.020 Scope 17.08.030 Decision Process 17.08.040 Preliminary Applications 17.08.050 Expiration of Preliminary Approval 17.08.060 Final Applications 17.08.010 Purpose A. It is the intent to provide an efficient and timely process that allows consistent review; to ensure such actions do not create non -conformities with zoning and other city regulations; to provide a permanent record of boundary line adjustments and lot consolidations; and to ensure appropriate provisions are made for access and utility easements; in a manner consistent with RCW 58.17.040(6). 17.08.020 Scope A. This chapter applies to all boundary line adjustments and lot consolidations which are otherwise exempt from RCW 58.17.040(6), Subdivision Regulations. 17.08.030 Decision Process A. Applications for boundary line adjustments and lot consolidations shall be processed as Type 1 decisions, subject to the provisions of TMC 18.104. 17.08.040 Preliminary Applications A. Application Requirements: Applications for preliminary boundary line adjustments and lot consolidations shall meet the permit submittal requirements found at TMC 18.104.060. B. Criteria for Boundary Line Adjustment or Lot Consolidation Approval:In order to approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee shall determine the project complies with the following criteria: Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 20 Page 5 of 34 1. No additional lots, sites, parcels, tracts or divisions are created. 2. The adjustment will not create non -conforming lots with respect to zoning dimension and area standards, zoning setbacks and lot area coverage standards. The adjustment shall not result in the creation of lots with split zoning. 3. The degree of non-conformance on existing non -conforming lots with respect to zoning dimension and area standards, zoning setbacks and floor area ratio are not increased. 4. All lots have legal access to a public road. Existing required private access road improvements and easements are not diminished below subdivision ordinance standards for lots that are served by a private access road. 5. Existing easements for utilities are appropriate for their intended function, or they are extended, moved or otherwise altered to an appropriate location. 6. The adjustment does not create any non -conformities with respect to the Uniform Building Code or any other locally administered regulation. C. Minor and Major Modifications to a Preliminary Approval: 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 1 decision, based on review and recommendations of the Short Subdivision Committee. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase or decrease the number of lots beyond the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the project by 10% or more. c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the boundary line adjustment or lot consolidation to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC 17.08.030.D.a- e. 2. Major modifications are those which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision. If the applicant proposes to make one or more major changes, the revised plan(s) shall be processed as a new application. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 6 of 34 21 17.08.050 Expiration of Preliminary Approval A. The preliminary boundary line adjustment or lot consolidation application shall expire if it has not been recorded within one (1) year from the date of approval. B. Where all conditions of approval of the preliminary boundary line adjustment or lot consolidation have been satisfied, and all required documents have been submitted within the one (1) year filing period, the Director may grant a single extension of up to one hundred eighty (180) days for the processing and recording of the final boundary line adjustment or lot consolidation. 17.08.060 Final Applications A. Application Requirements: Applications for final boundary line adjustments and lot consolidations shall meet the permit submittal requirements found at TMC 18.104.060. B. Review Procedures: Upon receiving approval from the City, the applicant will be responsible for picking up the documents from the Department and recording them with King County Department of Executive Services. A notification of recording that includes the filed recording number must be provided to the Department in order to deem the application finaled. C. Criteria for Approval: To grant final approval of a boundary line adjustment or lot consolidation, the Director must determine that it meets the following decision criteria: 1. All requirements for boundary line adjustments or lot consolidations as set forth in the Subdivision Code are met. 2. All terms of the preliminary boundary line adjustment or lot consolidation approval have been met. 3. The requirements of all applicable state laws and any City ordinances have been met. 4. All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC 17.24.030 has been entered into by the applicant and accepted by the City. 5. The boundary line adjustment or lot consolidation is technically correct and accurate as certified by the land surveyor responsible for the plat. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 22 Page 7 of 34 CHAPTER 17.12 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS Sections: 17.12.010 Scope 17.12.020 Decision Process 17.12.030 Preliminary Applications 17.12.040 Expiration of Preliminary Approval 17.12.050 Final Applications 17.12.060 Limitations on Further Subdivision 17.12.070 Contiguous Short Subdivisions 17.12.080 Unit Lot Short Subdivisions 17.12.010 Scope A. Any land being divided into nine (9) or fewer parcels, lots, unit lots, tracts or sites for the purpose of sale, lease, or gift, any one of which is less than twenty (20) acres in size, shall meet the requirements of this chapter. 17.12.020Decision Process A. Applications for short subdivisions shall be processed as Type 2 decisions, subject to the provisions of TMC 18.104. 17.12.030Preliminary Applications A. Application Requirements: Applications for preliminary short subdivisions shall meet the permit submittal requirements found at TMC 18.104.060. B. Review Procedures: 1. Referral to Other Departments: Upon receipt of an application for a short subdivision, the Director shall route the application to each member of the Short Subdivision Committee and any other department or agency deemed necessary. 2. Short Subdivision Committee Decision: The Short Subdivision Committee may approve, approve with modifications, or deny the application. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. C. Criteria for Preliminary Short Subdivision Approval: The Short Subdivision Committee shall base its decision on an application on the following criteria: 1. The proposed Short Subdivision is in conformance with the Tukwila Comprehensive Plan, and any other such adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the short plat that are consistent with current standards and plans. 3. Appropriate provisions have been made for road, utilities and other improvements that are consistent with current standards and plans. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 8 of 34 23 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. Appropriate provisions for the maintenance of commonly owned private facilities have been made. 7. The short subdivision complies with the relevant requirements of the Tukwila Subdivision Ordinance. 8. The short subdivision complies with the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. D. Minor and Major Modifications to a Preliminary Short Subdivision Approval: 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of the Short Subdivision Committee. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase or decrease the number of lots beyond the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the project by 10% or more. c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the short plat to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC 17.12.020.D.a - e. 2. Major modifications are those which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision. If the applicant proposes to make one or more major changes, the revised plan(s) shall be processed as a new application. 17.12.040 Expiration of Preliminary Approval A. If the preliminary short subdivision is not recorded within three (3) years of the date of preliminary short subdivision approval, the preliminary short subdivision application shall become null and void. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 24 Page 9 of 34 B. Where all conditions of approval of the preliminary short subdivision have been satisfied, and all required documents have been submitted within the three (3) year filing period, the Director may grant a single extension of up to one hundred eighty (180) days for the processing and recording of the final short subdivision. 17.12.050 Final Applications A. Application Requirements: Applications for final short subdivisions shall meet the permit submittal requirements found at TMC 18.104.060. B. Final Approval Review Procedures: 1. The Short Subdivision Committee may grant final approval of the short subdivision when they find the criteria listed in TMC 17.12.030C have been met. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. 2. Upon final approval of the short subdivision, the applicant shall record the plat and all other relevant documents with the King County Department of Executive Services. The applicant is responsible for paying the recording fee(s). Upon completion of recording, the applicant shall provide the Department with a copy of the recorded documents. The short plat shall not be considered final until these documents have been provided to the Department. C. Criteria For Approval: To grant final approval of a short subdivision, the Short Subdivision Committee must determine that it meets the following decision criteria: 1. All requirements for short subdivisions as set forth in the Subdivision Code are met. 2. All terms of the preliminary short subdivision approval have been met. 3. The requirements of RCW 58.17, other applicable state laws, and any other applicable City ordinances have been met. 4. All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC 17.24.030 has been entered into by the applicant and accepted by the City. 5. The subdivision is technically correct and accurate as certified by the land surveyor responsible for the plat. 17.12.060 Limitations on Further Subdivision A. Any land subdivided under the requirements of this chapter shall not be further divided for a period of five (5) years without following the procedures for subdivision, except when the short plat contains fewer lots than allowed for a short subdivision, in which case an additional short subdivision may be approved if the total number of lots within the boundaries of the original short subdivision does not exceed nine (9). 17.12.070 Contiguous Short Subdivisions A. No application for a short subdivision shall be approved if the land being divided is held in common ownership with a contiguous parcel which has been divided in a short Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 10 of 34 25 subdivision within the preceding five (5) years and the total number of lots created in both short subdivisions would exceed nine (9). When the total number of lots exceeds four (4) but is less than ten (10), the paving, curb, gutter and sidewalk shall be provided per TMC 17.20.030C.6.c(1). 17.12.080 Unit Lot Short Subdivisions A. Sites developed or proposed to be developed with townhouses, cottage housing, compact single-family, or zero -lot -line units may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. Any private, usable open space for each dwelling unit shall be provided on the same lot as the dwelling unit that it serves. B. Subsequent divisions of the land, or additions or modifications to the structure(s), may not create or increase any nonconformity of the parent lot. C. Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common play areas), and other similar features, as recorded with the King County Department of Executive Services. D. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is formalized by an easement on the plat, as recorded with the King County Department of Executive Services. E. The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat, as recorded with the King County Department of Executive Services. F. Construction of townhouse dwelling foundations may commence prior to final short subdivision approval, provided: 1. The proposed short subdivision has received preliminary approval, and the necessary financial sureties have been filed to assure construction of required public improvements; 2. Partial or complete construction of structures shall not relieve the applicant from, nor impair City enforcement of, conditions of subdivision approval; 3. Construction shall not proceed beyond foundations, and units shall not be rented or sold, nor occupancy permits issued, until final short plat approval is granted. Exhibit B: Title 17 Repeal and Reenact Page 11 of 34 Version: 10/17/24 26 CHAPTER 17.14 DETAILED PROCEDURES FOR LONG SUBDIVISIONS Sections: 17.14.010 Scope 17.14.020 Decision Process 17.14.030 Preliminary Applications 17.14.040 Expiration of Preliminary Approval 17.14.050 Final Applications 17.14.060 Phasing 17.14.070 Expiration Unit Lot Long Subdivisions 17.14.010 Scope A. Any land being divided into ten (10) or more parcels, lots, unit lots, tracts or sites, for the purpose of sale or gift, any one of which is less than twenty (20) acres in size, or any land which has been divided under the short subdivision procedures within five (5) years and is not eligible for further short subdivisions, pursuant to TMC 17.12.010, shall conform to the procedures and requirements of this chapter. 17.14.020 Decision Process A. Preliminary Long Subdivisions: Applications for preliminary long subdivisions shall be processed as Type 3 decisions subject to the provisions of TMC 18.104. B. Final Long Subdivisions:Applications for final long subdivisions shall be processed as Type 2 decisions subject to the provisions of TMC 18.104. 17.14.030 Preliminary Applications A. Application Requirements: Applications for preliminary long subdivisions shall meet the permit submittal requirements found at TMC 18.104.060. B. Review Procedures: 1. Referral to Other Offices: Upon receipt of a complete preliminary long subdivision application, the Director shall transmit a notice of application and the preliminary long subdivision application materials to each of the following offices, where appropriate: Public Works, Building Division, Fire Department, Police Department, King County Health Department, the appropriate school district, and each public utility agency serving the area in which the property proposed for long subdivision is located. 2. Departmental Review: The other interested departments and agencies shall review the preliminary long subdivision and may submit to the Department written comments with respect to the preliminary long subdivision decision criteria. 3. Public Notice and Public Hearing. The process for public notice, hearings, decisions and appeals shall be as provided for Type 3 decisions (or Type 4 decisions if the plat is combined with an associated design review) as identified in TMC Title 18, "Zoning Code." Exhibit B: Title 17 Repeal and Reenact Page 12 of 34 Version: 10/17/24 27 C. Criteria for Preliminary Long Subdivision Approval: The decision -maker shall base its decision on an application for preliminary long subdivision on the following criteria: 1. The proposed long subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the long subdivision that are consistent with current standards and plans. 3. Appropriate provisions have been made for road, utilities and other improvements that are consistent with current standards and plans. 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. The proposed long subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations. 7. Appropriate provisions for maintenance of privately owned common facilities have been made. 8. The proposed long subdivision complies with RCW 58.17.110. D. Minor and Major Modifications to an Approved Preliminary Long Subdivision: 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of City departments including Public Works, Fire, Building, and Planning. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase or decrease the number of lots beyond the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the long subdivision by 10% or more. c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street from the plat. d. Do not alter the exterior boundaries of the long subdivision. e. Are consistent with applicable development standards and will not cause the long subdivision to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 28 Page 13 of 34 revisions are consistent with the minor modification limitations set by TMC 17.14.020.E.a- e. 2. Major modifications are those which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision. If the applicant proposes to make one or more major changes, the revised plan(s) shall be processed as a new application. 17.14.040 Expiration of Preliminary Approval A. The preliminary long subdivision application shall expire unless a complete application for final long subdivision meeting all requirements of this chapter is submitted to the Director within five (5) years of the date of preliminary long subdivision approval; provided that the Director may extend a preliminary long subdivision pursuant to this section. B. Time Limitations: Extension(s) shall be requested in writing and are subject to the criteria set forth in TMC 17.14.050.C. The extension(s) shall be subject to the following time limitations: 1. Preliminary long subdivisions less than 100 acres that receive approval after the effective date of this ordinance shall expire within five (5) years from the date of the preliminary approval; provided that the applicant has the option of requesting a single 1- year extension, for a maximum of six (6) years from the date of the preliminary approval to the date of recording of the final phase. 2. Preliminary long subdivisions greater than 100 acres and that received approval prior to the effective date of this ordinance shall expire within five (5) years from the date of the preliminary long subdivision approval; provided that the applicant has the option of requesting up to three (3) extensions as follows: the first extension may be for three (3) years, and each subsequent extension for not exceeding two (2) years each. This allows for a maximum of twelve (12) years between the date of the preliminary approval and the date of recording of the final phase. C. Criteria for Granting Extensions: The following criteria shall be used to review an extension request for a preliminary long subdivision: 1. A written request for extension is filed at least 30 days before the expiration of the preliminary long subdivision; and 2. Unforeseen circumstances or conditions that are not the result of voluntary actions of the applicant necessitate the extension of the preliminary long subdivision; and 3. Conditions within the subject property or immediately adjacent to the subject property have not changed substantially since the preliminary long subdivision was first approved; and 4. An extension of the preliminary long subdivision will not cause substantial detriment to existing uses in the immediate vicinity of the subject property or to the community as a whole; and Exhibit B: Title 17 Repeal and Reenact Page 14 of 34 Version: 10/17/24 29 5. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and 6. The preliminary long subdivision complies with applicable City code provisions in effect on the date the application for extension was made. D. Process for Granting Extensions: Applicant shall request the extension in writing prior to the expiration of the preliminary long subdivision approval. The request shall include discussion of how it complies with the criteria listed under TMC 17.40.050.C. The Director shall review and approve requests for an extension of a preliminary long subdivision. The Director shall provide 14-day notice to all parties of record for the preliminary long subdivision approval prior to making the decision on the extension. The Director's decision will also be provided to all parties of record. 17.14.050 Final Applications A. Application Requirements: Applications for final long subdivisions shall meet the permit submittal requirements found at TMC 18.104.060. B. Review Procedures: 1. Referral to Other Departments and Agencies: The Director shall distribute the final long subdivision application to all departments and agencies who received the preliminary long subdivision, and to any other departments, special purpose districts and other governmental agencies deemed necessary. 2. Departmental Approval: The other interested departments and agencies shall review the final long subdivision and may submit to the Department written comments with respect to the final long subdivision decision criteria. If the final long subdivision is in order, the Director of Public Works shall sign the appropriate certificates on the face of the plat. 3. Filing Final Long Subdivision: a. Before the final long subdivision is submitted to the Director, it shall be signed by the Director of the Finance Department and the Director of the Department of Public Works. Upon approval by the Director, it shall be signed by the Mayor and attested by the City Clerk. b. The applicant shall file the final long subdivision with the King County Department of Executive Services. The long subdivision will be considered complete when a copy of the recorded documents is returned to the Director. C. Criteria for Final Long Subdivision Approval: In approving the final long subdivision, the Director shall find: 1. That the proposed final long subdivision bears the required certificates and statements of approval. 2. That a title insurance report furnished by the applicant confirms the title of the land, and the proposed long subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 30 Page 15 of 34 3. That the facilities and improvements required to be provided by the applicant have been completed or, alternatively, that the applicant has submitted with the proposed final long subdivision a performance bond or other security in conformance with TMC 17.24.030. 4. That the long subdivision is certified as accurate by the land surveyor responsible for the long subdivision. 5. That the long subdivision is in conformance with the approved preliminary long subdivision. 6. That the long subdivision meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary long subdivision approval. 17.14.060 Phasing A. Approval of Phasing Plan: The applicant may develop and record the long subdivision in phases. Any phasing proposal shall be submitted for Hearing Examiner review at the time at which a preliminary long subdivision is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary long subdivision, including areas where off -site improvements are being made. 2. The sequence and timing of development is identified on a map. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. 5. The first phase submitted for final long subdivision approval must be recorded within five (5) years of the date of preliminary plat approval, unless an extension is granted pursuant to TMC 17.14.050.B, TMC 17.14.050.0 and TMC 17.14.050.D. 17.14.070 Unit Lot Long Subdivisions A. Sites developed or proposed to be developed with townhouses, cottage housing, compact single-family, accessory dwelling units, or zero -lot line units may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. Any private, usable open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves. B. Subsequent subdivision actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 16 of 34 31 C. Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common play areas), and other similar features, as recorded with the King County Department of Executive Services. D. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is formalized by an easement on the plat, as recorded with the King County Department of Executive Services. E. The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat, as recorded with the King County Department of Executive Services. F. Construction of townhouse dwelling foundations may commence prior to final plat approval, provided: 1. The proposed long subdivision has received preliminary approval, and the necessary financial sureties have been filed to assure construction of required public improvements; 2. Partial or complete construction of structures shall not relieve the applicant from, nor impair City enforcement of conditions of, long subdivision approval; 3. Construction shall not proceed beyond foundations, and units shall not be rented or sold, nor occupancy permits issued, until final long subdivision approval is granted. Exhibit B: Title 17 Repeal and Reenact Page 17 of 34 Version: 10/17/24 32 CHAPTER 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLANS (BSIPS) Sections: 17.16.010 Purpose 17.16.020 Applicability 17.16.030 Decision Process 17.16.040 Preliminary Applications 17.16.050 Expiration of Preliminary Approval 17.16.060 Final Applications 17.16.070 Improvements 17.16.080 Alterations and Vacations 17.16.010 Purpose A. This chapter is established to: 1. Provide an optional process for land under single ownership to be divided for the purpose of sale or lease; 2. Accommodate the division of land for the purpose of sale or lease of property within an integrated commercial or industrial center, which allows certain zoning standards (minimum parking, setbacks, landscaping, lot area and lot dimension) on the individual lots to be modified provided the standards for the entire center are met; 3. Facilitate alternative ownership options by allowing BSIPs in conjunction with a condominium process for residential, commercial, or industrial purposes (RCW 64.34); 4. Allow phased infrastructure improvements for large tracts of land. 17.16.020 Applicability A. Eligibility: A BSIP application may be submitted for a project located on any land zoned multi -family, commercial, or industrial, consistent with the terms of this chapter. B. Construction Authorization Through Other Permits: A BSIP creates or alters existing lot lines. A BSIP does not authorize construction. Construction is permitted upon approval of construction and building permits that implement the BSIP. 17.16.030 Decision Process A. Applications for BSIPs shall be processed as Type 2 decisions subject to the provisions of TMC 18.104. 17.16.040 Preliminary Applications A. Application Requirements: Applications for preliminary BSIPs shall meet the permit submittal requirements found at TMC 18.104.060. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 18 of 34 33 B. Review Procedures: Applications for preliminary BSIPs shall be reviewed in the same manner prescribed in TMC 17.12.030(B) for preliminary short subdivisions. C. Approval Criteria: 1. Prior to approval of any BSIP, the Short Subdivision Committee shall ensure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed plan and the decision criteria that follow are met: a. Adequate water supply. b. Adequate sewage disposal. c. Appropriate storm drainage improvements. d. Adequate fire hydrants. e. Appropriate access to all anticipated uses within the plan. f. Provision for all appropriate deed, dedication, and/or easements. g. Monumentation of all exterior tract corners. 2. Legal Lots: a. Residential BSIPs shall consist of one or more contiguous legally - created lots and each lot shall meet the minimum dimensional requirements of the applicable zone or overlay district. b. If the site will contain commercial or industrial uses, or mixed -use commercial and residential uses, the lots shall meet the minimum dimensional requirements of the zoning district or meet the definition of "integrated site" in TMC 18.06, such that when taken as a whole and not considering interior lot lines, the integrated site meets all applicable zoning and subdivision requirements. 3. Appropriate easements and maintenance agreements for shared facilities, including but not limited to, circulation, parking, utilities and landscaping, have been provided. 4. Modifications to the minimum zoning standards for individual lots located within the integrated site -- including setbacks, parking, landscaping, lot area and lot dimension -- are not detrimental to the public health, safety and welfare, do not adversely affect the rest of the integrated site or other properties in the vicinity, and do not impede planned street, trail or pedestrian networks for the neighborhood or district. 5. Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. 6. Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. 7. The circulation system incorporates appropriate provisions for safe pedestrian activity to the site from the street and from building to building within the site. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 34 Page 19 of 34 8. The sign regulations shall be applied to the integrated site as a whole. For example, the number of freestanding signs allowed is based on one (1) site within the BSIP. Individual ownerships within the integrated site are not considered to be separate sites in determining the number of freestanding signs allowed. 9. The requirements of the Washington State Building Code are met. 10. Future Development: The BSIP shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded BSIP. 11. Dedication Statement: Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the BSIP. 12. Additional Approval Criteria for BSIPs Proposing Condominium Ownership: Condominium developments are eligible for BSIP approval when the purpose of such approval is to divide the property so a portion of the parcel or tract can be subjected to either RCW Chapter 64.32 or 64.34. A BSIP can only be approved when the development has already been constructed or when the approval has been obtained and a building permit for an entire development or a portion of a development is issued. 13. Additional Approval Criteria for Phased Development: If the applicant chooses to develop the property in a phased development, the applicant must execute a development agreement with the City pursuant to RCW 36.70B.170 if one is not already in place. This agreement shall govern, at a minimum, the use and development of the property subject to the BSIP, including: a. vesting applicable to subsequent permits; b. the manner in which each phase of the development will proceed to ensure that the roads and utilities necessary to serve each phase of the development are constructed prior to the development of each phase; c. expiration of the agreement and all provisions therein. 14. Consistency: The BSIP shall be consistent with any City approved master plans and development agreements. 17.16.050 Expiration of Preliminary Approval A. If the BSIP is not recorded within three (3) years of the date of the preliminary BSIP, the BSIP shall become null and void. Upon written request by the applicant prior to the expiration date, the Short Subdivision Committee may grant one (1) extension of not more than one (1) year. B. Where all conditions of approval of the BSIP have been satisfied, and all required documents have been submitted within the three (3) year filing period, the Director may grant a single extension of up to one hundred eighty (180) days for the processing and recording of the final BSIP. 17.16.060 Final Applications A. Application Requirements: Applications for final BSIPs shall meet the permit requirements found at TMC 18.104.060. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 20 of 34 35 B. Final Approval Review Procedures: 1. The Short Subdivision Committee may grant final approval of the BSIP when they find that the survey, plan and other documents for recording are consistent with the preliminary approval. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. 2. Upon final approval of the BSIP, the applicant shall record the plat and all other relevant documents with the King County Department of Executive Services. The applicant is responsible for paying the recording fee(s). Upon completion of recording, the applicant shall provide the Department with a copy of the recorded documents. The BSIP shall not be considered final until these documents have been provided to the Department. C. Binding Effect: Approved BSIPs shall be binding and shall be enforceable by the City. All provisions, conditions and requirements of the BSIP shall be legally enforceable on the purchaser or on any person acquiring a lease or other ownership interest of any lot, tract, or parcel created pursuant to the BSIP. 17.16.070 Improvements A. Improvements: The following requirements shall be met for each BSIP prior to the issuance of a building permit for construction within a BSIP. 1. Improvements Required: Consistent with TMC 17.20, and subject to any applicable development agreement, the following tangible improvements shall be provided, either by actual construction or a construction schedule approved by the City and bonded by the applicant, before a BSIP may be recorded: a. grading and paving of streets and alleys; b. installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs; together with all related appurtenances to the specifications and standards of this code, approved by the Short Subdivision Committee, and in accordance with other standards of the City. A separate construction permit will be required for any such improvements, along with associated engineering plans prepared per the City Drafting Standards. 2. Modifications: Proposals that contain commercial uses, industrial uses, or mixed -uses (commercial and residential), and that meet the definition of "integrated site" in TMC 18.06, are not required to submit a modification request. B. Phasing of Improvements: To satisfy improvement requirements, the Short Subdivision Committee is authorized to impose conditions and limitations on the BSIP. If the Short Subdivision Committee determines that any delay in satisfying requirements will not adversely impact the public health, safety or welfare, the Committee may allow requirements to be satisfied prior to: 1. Issuing the first building permit for the site; or 2. Prior to issuing the first building permit for any phase; or Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 36 Page 21 of 34 3. Prior to issuing a specific building's certificate of occupancy; or 4. In accordance with an approved phasing plan; or 5. In accordance with plans established by a development agreement or as otherwise permitted or required by the TMC. 17.16.070 Alterations and Vacations A. Alteration: Alteration of an approved BSIP, excluding standard easements for utilities and lot line adjustments, shall be accomplished following the same procedures required for a new BSIP application as set forth in this chapter; provided, that only owners of lots within the BSIP that are directly affected by the proposed alteration shall be required to authorize application for the alteration. If a property subject to a BSIP approval is the subject of a development agreement, the alteration of the approved BSIP shall not require an amendment to the development agreement or approval by the City Council and, after approval and recording, shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. B. Vacation: Vacation of a recorded BSIP shall be accomplished by following the same procedures required for a new BSIP application as set forth in this chapter. If a portion of a BSIP is vacated, the property subject to the vacation shall constitute one lot, and the balance of the approved BSIP shall remain as approved. Any non -conformities created by such a vacation must be remedied prior to final approval of the vacation. If a BSIP property subject to a BSIP approval is the subject of a development agreement, the vacation of the approved BSIP, whether total or partial, shall not require an amendment to the development agreement or approval by the City Council and, after approval and recording shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. Exhibit B: Title 17 Repeal and Reenact Page 22 of 34 Version: 10/17/24 37 CHAPTER 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND Sections: 17.20.010 Applicability 17.20.020 Improvements, Supervision, Inspections and Permits Required 17.20.030 General Standards 17.20.010 Applicability A. The standards contained in this chapter are to be used as the basic standards for addressing the approval criteria for subdivisions, short plats, boundary line adjustments, lot consolidations, and BSIPs. The decision making entity may require additional standards be met if it is determined necessary to meet the approval criteria for a particular application. 17.20.020 Improvements, Supervision, Inspections and Permits Required A. Required Improvements: Every applicant may be required to grade and pave streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers, water mains, fire hydrants, street lights and name signs, together with all appurtenances in accordance with specifications and standards of this code, approved by the Public Works Department, and in accordance with other standards of the City. B. Supervision and Inspection: A licensed engineer or engineering firm, acceptable to the Department of Public Works, shall be responsible for the supervision and inspection of all subdivision improvements. All improvements shall be certified in writing as completed in accordance with plans and specifications as approved by the Department of Public Works. C. Permits: Prior to proceeding with any subdivision improvements, the applicant shall obtain those permits from the City as are necessary. The applicant is also responsible for complying with all applicable permit requirements of other Federal, State and local agencies. 17.20.030 General Standards A. Environmental Considerations: 1. Critical Areas: a. Land that contains a critical area or its buffer as defined in TMC Title 18, or is subject to the flood zone control ordinance as defined in TMC 16.52, shall be subdivided to reflect the standards and requirements of TMC 18.45 (Environmentally Critical Areas), and/or TMC 18.46 (PRD - Planned Residential Development), and/or TMC 16.52 (Flood Plain Management). b. No lot shall be created that does not contain an adequate building site, given the environmental considerations of the lot and current development standards. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 38 Page 23 of 34 2. Trees: In addition to meeting the requirements of TMC 18.54 (Urban Forestry and Tree Regulations), every reasonable effort shall be made to preserve existing trees and vegetation, and integrate them into the subdivision's design. B. Compatibility with Existing Land Use and Plans: 1. Buffer Between Uses: Where single-family residential subdivisions are proposed adjacent to multi -family, commercial, or industrial land use districts, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be provided. 2. Conformity with existing plans: The location of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right-of-way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. 3. Other City Regulations: All subdivisions shall comply with all adopted City regulations. In the event of a conflict, the more restrictive regulation shall apply. 4. Accessory Structures: If a subdivision, short subdivision, or boundary line adjustment in a residential zone would result in an accessory structure remaining alone on a lot, the structure must be demolished before preliminary approval, or the owner must provide a bond or other financial guarantee acceptable to the Director in the amount of 150% of the cost of demolition and assurance that the accessory structure will be demolished if a primary use is not established on the lot within 12 months of final approval. C. Utilities. 1. Generally: All utilities designed to serve the subdivision shall be placed underground and, if located within a critical area, shall be designed to meet the standards of the critical areas overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works; such installation shall be completed and approved prior to application of any surface materials. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. 2. Sanitary Sewers: Sanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle -King County Department of Public Health and when the existing sewer system will not be available to the lot within the life of the preliminary approval. 3. Storm Drainage: The storm drainage collection system shall meet the requirements of the City's stormwater ordinance standards (TMC Chapter 14.28). 4. Water System: Each lot within a proposed subdivision shall be served by a water distribution system designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Uniform Fire Code. D. Blocks: Exhibit B: Title 17 Repeal and Reenact Page 24 of 34 Version: 10/17/24 39 1. Length: Residential blocks should not be less than 300 feet nor more than 1,000 feet in length, (600 - 2,000 feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Director may require one or more public pathways of not less than six feet nor more than 15 feet in width, either by dedication or easement, to extend entirely across the width of the block to connect public rights -of -way. 2. Width: Blocks shall be wide enough to allow two tiers of Tots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the Director may approve a single tier. 3. Pedestrian Considerations: Blocks, roads, and pedestrian improvements, shall be designed to provide a safe and convenient pedestrian network. E. Lots: 1. Arrangement: Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each proposed lot shall have access to a public street. New flag lots shall not be permitted. Access requirements may be met by establishing common drive easements. 2. Lot Design: The lot area, width, shape, and orientation, shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and shall conform with the requirements of the zoning ordinance. 3. Corner Lots: Corner lots may be required to be designed with additional width to allow for the additional side yard requirements. F. Landscaping: 1. Each lot within a new subdivision or short plat of five (5) lots or greater shall be landscaped with at least one (1) tree in the front yard to create a uniform streetscape. 2. Landscaping shall conform with Public Works standards. G. Street Signs: The applicant shall be responsible for the initial cost of any street name or number signs, or street markings, including installation thereof, that Public Works finds necessary for the subdivision. H. Lighting: Street lighting shall conform to the Department of Public Works standards unless the Director of Public Works requires alternative fixtures, poles, and/or spacing to contribute to an overall design concept of the subdivision. I. Monumentation: 1. Imprinted Monument: All monuments set in subdivisions shall be at least 1/2 inch x 24-inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument. 2. Centerline Monument: After paving, except as provided in TMC 17.20.030.J.5, monuments shall be driven flush with the finished road surface at the following intersections: a. Centerline intersections. b. Points of intersection of curves if placement falls within the paved area; otherwise, at the beginnings and endings of curves. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 40 Page 25 of 34 c. Intersections of the plat boundaries and street center lines. 3. Property Line Monumentation: All front corners, rear corners, and beginnings and endings of curbs shall be set with monuments, except as provided in TMC 17.20.030.J.5. In cases where street curbs are concentric and/or parallel with front right- of-way lines, front property line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used, it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance. 4. Post-Monumentation: All monuments for exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within 90 days of final subdivision construction inspection by the Department of Public Works, and if the developer guarantees such interior monumentation. 5. Post-Monumentation Bonds: In lieu of setting interior monuments prior to final plat recording as provided in TMC 17.20.030.J.3, the Director of Public Works may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method as the Director of Public Works may require, providing for and securing the actual setting of the interior monuments.J. Streets: 1. Extension: Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the Director in approval of the plat. Where appropriate, streets shall be extended to the boundaries of the subdivision to ensure access to neighboring properties. The City's goal is to have an integrated system of local streets whenever practical. Grading of steep topography may be necessary to achieve this objective. However, in critical areas, the layout and construction of streets shall follow the standards and procedures of TMC 18.45. Dedication of additional right-of-way may be required for a short plat when it is necessary to meet the minimum street width standards or when lack of such dedication would cause or contribute to an unsafe road or intersection. 2. Names: All proposed street names or numbers shall be subject to approval by the Department of Community Development. 3. Intersections: Any intersection of public streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. 4. Street layout: Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into consideration potential circulation solutions. While it is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where critical areas are impacted, the standards and procedures for rights -of -way in TMC 18.45 shall be followed. 5. Private Access Roads: a. Private access roads shall only be authorized when they meet the following criteria: Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 26 of 34 41 (1) Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and (2) Adequate and reasonable provisions are made for the future maintenance and repair of the proposed private access roads; and (3) The proposed private access roads can accommodate potential full (future) development on the lots created; and (4) For residential subdivisions, the proposed private access roads do not serve more than four (4) lots nor are more than 200 feet in length. Those access roads 150 feet or greater in length shall have a turnaround built to Fire Department standards; or (5) For commercial and industrial subdivisions, when private access roads are authorized, there shall be a minimum easement width of 40 feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with the Department of Public Works standards, and zoning setbacks shall be required as though the easement were a public right-of-way. b. The minimum total width of the easement or tract, and the minimum width of the roadway pavement for private access roads shall be as shown in the following table. The minimum width shall be used unless the City Engineer demonstrates a wider width is needed due to site circumstances, including but not limited to topography, traffic volume, street patterns, on -street parking, lot patterns, land use and bike and transit facilities, that justify an increase in width. Type of Private Access Road Total Width Roadway Pavement Width Residential 20 feet 20 feet Commercial 40 feet 28 feet 6. Public Roads: a. Roads that do not meet the criteria found at TMC 17.20.030(C)(5) shall be designated as public roads. b. The minimum total width of the right-of-way and the minimum width of the roadway pavement for public roads shall be based as shown in the following table. The minimum width shall be used unless the City Engineer demonstrates a wider width is needed due to site circumstances, including but not limited to topography, traffic volume, street patterns, on -street parking, lot patterns, land use and bike and transit facilities, that justify an increase in width. Exhibit B: Title 17 Repeal and Reenact Page 27 of 34 Version: 10/17/24 42 Type of Road Total Right -of -Way Width Roadway Pavement Width Principal Arterial 80 - 100 feet 48 - 84 feet Minor Arterial 60 - 80 feet 36 - 64 feet Collector Arterial 60 - 80 feet 24 - 48 feet Access Road 50 - 60 feet 28 - 36 feet Cul-De-Sac Roadway 40 feet 26 feet Turnaround 92 feet (dia.) 81 feet (dia.) Alley 20 feet 15 feet c. Design: The design and alignment of all public streets shall conform to the following standards unless otherwise approved by the Department of Public Works: (1) Cul-de-sacs: Cul-de-sacs shall not be permitted unless there is no reasonable alternative or the cul-de-sac is shown on an officially adopted street plan. When permitted, they shall not exceed a length of 600 feet unless the City determines that adequate alternative emergency access will be provided. (2) Street Grades: Street grades shall not exceed 15%. However, provided there are no vehicular access points, grades may be allowed up to 18%, for not more than 200 feet when: (a) Exceeding the grades would facilitate a through street and connection with the larger neighborhood; (b) The greater grade would minimize disturbance of critical slopes; (c) The Fire Marshal grants approval of the grade transition; and (d) Tangents, horizontal curves, vertical curves, and right-of-way improvements conform to Department of Public Works standards. d. Full Width Improvement: (1) When interior to a subdivision of five (5) or more lots, all publicly owned streets shall be designed and installed to full width improvement as provided below: (a) Shall be graded as necessary to conform to Department of Public Works standards. (b) Shall be of asphaltic concrete according to Department of Public Works standards. (c) Shall have permanent concrete curbs and gutters according to Department of Public Works standards. (d) Shall have storm drains consisting of the proper size pipe and catch basins; sizes to be approved by the Department of Public Works prior to the public hearing for the preliminary subdivision. (e) Shall have sidewalks provided at a minimum width as specified in TMC 11.12. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 28 of 34 43 (2) When interior to a subdivision of four (4) or fewer lots, all public roads and all privately owned roads that have the potential to serve five (5) or more lots shall be designed and installed to full width improvement as provided below: (a) Shall be graded as necessary to conform to Department of Public Works standards. (b) Shall be of asphaltic concrete according to Department of Public Works standards. (c) Shall provide storm drainage to be approved by the Department of Public Works. (d) Shall provide sidewalk right-of-way or easements at a minimum width as specified in TMC 11.12. (e) Shall construct or provide L.I.D. no -protest agreements for permanent concrete curbs, gutters, and sidewalks according to Department of Public Works standards. (f) Shall be dedicated to the City or subject to a binding agreement for future dedication. (3) All privately owned roads that will serve four (4) or fewer dwellings shall be designed and installed to full width improvement as provided below: (a) Shall be graded as necessary to conform to Department of Public Works standards. (b) Shall be of asphaltic concrete according to Department of Public Works standards. (c) Shall provide storm drainage to be approved by the Department of Public Works. e. Half Width Improvement: (1) Streets abutting the perimeter of a subdivision of five (5) or more lots shall provide the full improvements on the half of the street adjacent to the site, provided additional paving may be required to ensure safe and efficient roads exist to serve the subdivision; provided further that there are no physical obstructions to completing the other half of the roadway; and that there is a minimum of 20 feet of paving. (2) If the future grade or alignment of the adjacent public street is unknown and it is not feasible to establish the grade in a reasonable period or the immediate improvement of the street would result in a short, isolated segment of improved street and similar street improvements in the vicinity are unlikely to occur within six years, the City may approve a delay of improvements. The owner(s) must agree to enter into a binding L.I.D. no -protest agreement to further improve the street to full public street standards in the future; however adjacent streets must still be improved to the minimum level necessary, in the judgment of the City Engineer, to safely accommodate traffic generated by the proposed subdivision or short plat. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 44 Page 29 of 34 (3) Streets abutting the perimeter of a subdivision of four (4) or fewer lots shall provide L.I.D. no -protest agreements for construction of frontal improvements on the half of the street adjacent to the site, provided that there is a minimum of 20 feet of paving. CHAPTER 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS Sections: 17.24.010 Purpose 17.24.020 Plans and Permits Required for Public Improvements 17.24.030 Process for Installing Public Improvements 17.24.040 Improvement Agreements and Financial Guarantees 17.24.010 Purpose A. It is the intent to have all infrastructure improvements required by a subdivision, BSIP, boundary line adjustment, or lot consolidation, completed prior to final approval of the proposed land action. The City realizes that there may be instances where the completion of the improvement may not be the best course of action, including, but not limited to: final lift for the roadway, completing sidewalks while development construction is ongoing, minor punch list items, etc. In those instances, the Director of Public Works may accept a bond or other financial security in lieu of the completion of the infrastructure improvements. 17.24.020 Plans and Permits Required for Public Improvements A. Approval of a preliminary subdivision, BSIP, boundary line adjustment, or lot consolidation, shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the Short Subdivision Committee or Hearing Examiner; to obtain permits and complete installation for said improvements; and to prepare a final plat, plans, surveys and other documents for recording. B. Prior to installing improvements, the applicant shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. [Note: See TMC 11.08 and 11.12 for additional guidance on standards and permit requirements for improvements in the public right-of-way.] 17.24.030 Process for Installing Public Improvements A. All required and not -required improvements installed by shall conform to the requirements of this title and improvement standards, specifications, inspections and procedures as set forth by the Department of Public Works, and shall be installed in accordance with the following procedures: 1. Work shall not be commenced until plans have been checked for adequacy and approved by the Department of Public Works to the extent necessary for the evaluation of the subdivision or short plat proposal. Plans shall be prepared in accordance with the requirements of the City. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 30 of 34 45 2. Work shall not commence until the Department of Public Works has been notified in advance and, if work has been discontinued for any reason, it shall not be resumed until the Department of Public Works has been notified. 3. Public improvements shall be constructed under the inspection and to the satisfaction of the Director of Public Works. The Director of Public Works may require changes in typical sections and details if unusual conditions arise during construction to warrant the change. 4. All underground utilities, sanitary sewers and storm drains installed in the streets by the developer of the subdivision or short plat shall be constructed prior to the surfacing of streets. Stubs for service connections and underground utilities and sanitary sewers shall be placed to a length obviating the necessity for disturbing the street improvements when surface connections are made. 5. Plans showing all improvements as built shall be filed with the City upon completion of the improvements. 17.24.040 Improvement Agreements and Financial Guarantees A. Required Improvements: Before any final subdivision, BSIP, boundary line adjustment, or lot consolidation is approved, the applicant shall install all required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of the completion of the actual construction of all required improvements (public and private), the Director of Public Works may accept a bond in an amount and with surety and conditions satisfactory to the Director of Public Works, or other secure method, providing for and securing to the City the actual construction and installation of all required improvements. This is in addition to the requirements of TMC 11.08 requiring a performance bond for all work being done in the public right-of-way. If the Director of Public Works accepts a bond for the completion of the work, the applicant shall execute and file with the City an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: 1. Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the Director of Public Works, and properly secured in advance of the required initial completion date. 2. Require notice by the applicant to the Director of Public Works promptly upon completion of all required improvements. 3. Provide for notice of approval or disapproval by the Director of Public Works of the improvement within a reasonable time after receiving notice of completion. 4. Require financial security to be provided by the applicant pursuant to TMC 17.24.030.C. 5. Provide that, if the applicant fails to complete all required work within the period specified, the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed 90 days from the date of demand. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 46 Page 31 of 34 6. Provide that, if the required improvements are not completed within that time, the City may take action to require the applicant to forfeit the financial security. 7. Provide that the City shall be entitled to recover all costs of such action including reasonable attorney's fees. 8. Provide that, following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred. 9. Provide that, should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the applicant. B. Maintenance Agreement: Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the applicant shall execute an agreement to assure successful operation of said improvements. [Note: See TMC 11.08.110 for details.] The agreement shall: 1. Require the applicant to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. 2. Require the applicant to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their com- pletion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Director of Public Works, and shall be reasonably related to the burdens that the subdivision will impose on drainage facilities during the time maintenance is required. The City may agree to accept and perform maintenance of the improvements, in which case the applicant's obligation to perform maintenance functions shall terminate. 3. Not relieve the applicant of liability for the defective condition of any required improvements discovered following the effective term of the security given. 4. Provide a waiver by the applicant of all claims for damages against any governmental authority, which may occur to the adjacent land as a result of construction, drainage, and maintenance of the streets and other improvements. C. Performance Bond: To assure full performance of the agreements required herein, the applicant shall provide one or more of the following in a form approved by the City Attorney: 1. A surety bond executed by a surety company authorized to transact business in the State of Washington. 2. An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project. 3. An assignment of account with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 32 of 34 47 4. A cash deposit made with the City of Tukwila. D. Amount of Financial Security: The financial security provided shall be 150% of the estimated cost of the improvements to be completed and all related engineering and incidental expenses, final survey monumentation and preparation of records in a format approved by Public Works and meeting current Public Works drawing standards of the "as -built" improvements. The applicant shall provide an estimate of these costs for acceptance by the Director of Public Works. E. Defective Work: The acceptance of improvements by the City shall not prevent the City from making a claim against the applicant for any defective work if such is discovered within two years after the date of completion of the work. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 48 Page 33 of 34 CHAPTER 17.28 PENALTIES, SEVERABILITY, LIABILITY Sections: 17.28.010 Sale, Lease or Transfer of Land in Violation of this Chapter 17.28.020 Penalties 17.28.030 City Not Liable 17.28.040 Severability 17.28.010 Sale, Lease or Transfer of Land in Violation of this Chapter A. Any person, firm, corporation, association, or any agent of any person, firm, corporation, or association who violates any provision of RCW 58.17 or TMC Title 17, "Subdivisions and Plats", relating to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor; and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of RCW 58.17 or TMC Title 17, "Subdivisions and Plats", shall be deemed a separate and distinct offense. 17.28.020 Penalties A. Any other violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to enforcement and penalties as prescribed in TMC 8.45 and the issuance of a Notice of Violation in accordance with TMC 8.45.070. 17.28.030 City Not Liable A. This code shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. 17.28.040 Severability A. If any section, subsection, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. Exhibit B: Title 17 Repeal and Reenact Version: 10/17/24 Page 34 of 34 49 50 City of Tuk Washington Ordinance No. a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING"; REENACTING TITLE 18; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB 5290"), which made changes to the land use permitting process; and WHEREAS, the City desires to update language in the Tukwila Municipal Code (TMC), Title 18, "Zoning," in alignment with current practices, to improve clarity, and to bring the TMC into compliance with SB 5290; and WHEREAS, the City Council finds that the amendments herein further the public health, safety, and welfare of the residents of Tukwila; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. Repealer. All ordinances as codified in Title 18, "Zoning," and as referenced in Exhibit A, are hereby repealed, thereby eliminating Title 18 in its entirety. Section 3. TMC Title 18 Reenacted. TMC Title 18 is hereby reenacted to read as follows: 2024 Legislation: Title 18 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor Page 1 of 5 51 TITLE 18 ZONING Chapters: 18.02 Title 18.04 General Provisions 18.06 Definitions 18.08 Districts Established - Map 18.09 Land Uses Allowed by District 18.10 Low Density Residential 18.12 Medium Density Residential 18.14 High Density Residential 18.16 Mixed Use Office 18.18 Office 18.20 Residential Commercial Center 18.22 Neighborhood Commercial Center 18.24 Regional Commercial 18.26 Regional Commercial Mixed Use 18.28 Tukwila Urban Center (TUC) District 18.30 Commercial/Light Industrial 18.32 Light Industrial 18.34 Heavy Industrial 18.36 Manufacturing Industrial Center/Light 18.38 Manufacturing Industrial Center/Heavy 18.40 Tukwila Valley South 18.41 Tukwila South Overlay District 18.42 Public Recreation Overlay District 18.43 Urban Renewal Overlay District 18.44 Shoreline Overlay 18.45 Environmentally Critical Areas 18.46 PRD - Planned Residential Development 18.50 Supplemental Development Standards 18.52 Landscape Requirements 18.54 Urban Forestry and Tree Regulations 18.56 Off-street Parking and Loading Regulations 18.58 Wireless Communication Facilities 18.60 Design Review 18.64 Conditional Use Permits 18.66 Unclassified Use Permits 18.70 Nonconforming Lots, Structures and Uses 18.72 Variances 18.80 Amendments to the Comprehensive Plan 18.82 Amendments to Development Regulations 18.84 Amendments to the Zoning and Comprehensive Plan Maps 18.86 Development Agreements 18.88 Application Fees 18.96 Administration and Enforcement 18.104 Permit Application Types and Procedures 18.108 Decision Processes 2024 Legislation: Title 18 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor 52 Page 2 of 5 18.112 Public Hearing Processes 18.116 Appeal Processes 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 Map of Districts Figure 17 Block Face Length Figure 18 Corridor Definition of Terms Figure 19 Corridor Type Map Figure 20 Walkable Corridor Standards Figure 21 Pedestrian Walkway Corridor Standards Figure 22 Tukwila Pond Esplanade Standards Figure 23 Neighborhood Corridor Standards Figure 24 Urban Corridor Standards Figure 25 Commercial Corridor Standards Figure 26 Freeway Frontage Corridor Standards Figure 27 Workplace Corridor Standards Figure 28 Examples of Public Frontages Figure 29 Example of Building Oriented to the Street Figure 30 Example of Features on a Building Oriented to Street Figure 31 Examples of Building Orientation to Streets/Open Space Treatments Figure 32 Frontage Building Coverage Figure 33 Example of Exceeding Maximum Building Setbacks to Provide Pedestrian Space Figure 34 Surface Parking - Front Figure 35 Street Front Parking Examples Figure 36 Surface Parking - Side Figure 37 Surface Parking - Rear Figure 38 Example of Vertical Modulation and Horizontal Modulation Figure 39 Fapade Articulation Example for a Mixed -Use Building Figure 40 Example of Articulating the Facade of a Residential Building 2024 Legislation: Title 18 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor Page 3 of 5 53 Figure 41 Figure 42 Figure 43 Figure 44 Figure 45 Figure 46 Figure 47 Figure 48 Figure 49 Figure 50 Figure 51 Figure 52 Figure 53 Figure 54 Figure 55 Figure 56 Figure 57 Figure 58 Figure 59 Figure 60 Tables: Table 1 Table 2 Table 3 Table 4 Table 5 Major Vertical Modulation Example Ground Level Transparency Requirements Examples of Percentage of Transparency Between 2-10' Along the Length of a Building Fapade 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 Rooftop Garden Examples of Driveway Level with the Height of the Sidewalk Example of Not Enough Room on Site to Exit Loading Area, Resulting in Disruption of Traffic Movements Parking Lot Walkway Standards and Example Example of Good Internal Pedestrian Circulation Internal Walkway Standards and an Example Along Retail or Mixed -Use Buildings Critical Area Tracts in Tukwila South Tukwila International Boulevard (TIB) Study Area Summary of Applicable Review Process and Standards/Guidelines Tukwila Urban Center - Land Uses Allowed by District District Standards Provision of Open Space Provision of Parking Table 18-6 is associated with TMC 18.09, land uses allowed by district Table 6 Land Uses Allowed by District Section 4. Chapters Established. All chapters and figures of TMC Title 18 are hereby established to read as referenced in Exhibit B. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 2024 Legislation: Title 18 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor 54 Page 4 of 5 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 7. 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 (5) 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, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Exhibit A: Repealers Exhibit B: Reenacted Title 18, "Zoning" 2024 Legislation: Title 18 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor Page 5 of 5 55 EXHIBIT A: REPEALERS Chapters Ordinance(s) Repealed 18.02 Title 1758 §1 (part) 18.04 General Provisions 1758 §1 (part) 18.06 Definitions 1758 §1 (part); 1768 §1 (part); 1834 §1; 1834 §2 (part); 1834 §3 & 4; 1865 §1, 2, & 3; 1971 §1,2,&3; 1974 §1, 2, 6, & 11; 1976 §3, 4, 5, 7, 10, 12, 13, 14, 15, & 16; 1986 §3 & 4; 1989 §1; 1991 §1 & 2; 2021 §1 2075 §1 (part); 2084 §1; 2097 §1, 3, 4, 5, & 6; 2098 §1; 2135 §2 (part); 2176 §1; 2199 §5, 6, 7, 8, 9, & 10; 2235 §1 (part); 2235 §2 (part); 2235 §3 (part); 2235 §4 (part); 2251 §3, 4, 5, 6, 7, 8, 9, & 10; 2287 §2, 3, 4, & 5; 2324 §1, 2, 3, 4, 5, 6, 7, 8, 9, & 10; 2347 §1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 40, 41, 42, 43, 44, 45, & 46; 2353 §2; 2368 §2 & 3; 2407 §2, 3, 4, 5, 6, & 7; 2479 §2, 3, 4, 5, & 6; 2500 §1 & 2; 2518 §3, 4, 5, & 6; 2523 §1 & 2; 2569 §1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, & 34; 2581 §1; 2625 §1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, & 12; 2627 §1, 2, 3, 4, 5, & 6; 2658 §2, 3, 4, & 5; 2678 §1, 2, 3, 4, 5, 6, 7, & 8; 2716 §3 & 4; 2718 §3 18.08 Districts Established - Map 1758 §1 (part); 1770 §23; 1796 §3 (part); 2235 §5 (part); 2257 §3 18.09 Land Uses Allowed by District 2500 §3 18.10 Low Density Residential 1758 §1 (part); 1865 §4; 1865 §7; 1971 §4 & 6; 2251 §13; 2257 §4 & 5; 2368 §5; 2500 §4; 2518 §7; 2581 §2; 2678 §23 18.12 Medium Density Residential 1758 §1 (part); 1865 §8 & 11; 1976 §23; 2005 §1; 2199 §12; 2251 §16; 2257 §6; 2368 §7; 2500 §5; 2525 §2; 2581 §3; 2678 §24 56 18.14 High Density Residential 1758 §1 (part); 1830 §1 & 3; 1865 §12 & 15; 1976 §27; 2005 §2; 2199 §14; 2257 §7 (part); 2368 §9; 2500 §6; 2525 §3; 2580 §2; 2581 §4; 2678 §25 18.16 Mixed Use Office 1758 §1 (part); 1830 §4 & 7; 1865 §18; 1872 §1; 1976 §30; 2005 §3; 2251 §22; 2368 §11; 2500 §7; 2581 §5; 2678 §26 18.18 Office 1758 §1 (part); 1872 §2; 1976 §35; 2005 §4; 2368 §13; 2500 §8; 2581 §6; 2678 §27 18.20 Residential Commercial Center 1758 §1 (part); 1872 §3; 1976 §39; 2005 §5; 2368 §15; 2500 §9; 2518 §8; 2581 §7; 2678 §28 18.22 Neighborhood Commercial Center 1758 §1 (part); 1830 §10 & 13; 1865 §22 & 25; 1872 §4; 1976 §42; 2005 §6; 2368 §17; 2500 §10; 2257 §8 (part); 2581 §8; 2678 §29 18.24 Regional Commercial 1758 §1 (part); 1865 §26, 30, & 31; 1872 §5; 1976 §45; 2005 §7; 2368 §21; 2500 §11; 2678 §30 18.26 Regional Commercial Mixed Use 1758 §1 (part); 1830 §16 & 19; 1872 §6; 1976 §47; 2005 §8; 2368 §24; 2500 §12; 2678 §31 18.28 Tukwila Urban Center (TUC) District 2443 §2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29; 2500 §14; 2518 §9; 2549 §22; 2625 §56; 2678 §9 18.30 Commercial/Light Industrial 1758 §1 (part); 1872 §8; 2005 §10; 2368 §31; 2500 §15; 2678 §32 18.32 Light Industrial 1758 §1 (part); 1872 §9; 2005 §11; 2368 §34; 2500 §16; 2678 §33 18.34 Heavy Industrial 1758 §1 (part);1793 §1 & 2; 1872 §10; 2005 §12; 2368 §36; 2500 §17; 2678 §34 18.36 Manufacturing Industrial Center/Light 1758 §1 (part); 1872 §11; 2005 §13; 2335 §5; 2368 §38; 2500 §18; 2678 §35 18.38 Manufacturing Industrial Center/Heavy 1758 §1 (part); 1872 §12; 2005 §14; 2335 §9; 2368 §40; 2500 §19; 2678 §36 18.40 Tukwila Valley South 1758 §1 (part); 1830 §27; 1872 §13; 1976 §60; 2005 §15; 2368 §44; 2500 §20; 2678 §37 57 18,41 Tukwila South Overlay District 1758 §1 (part); 2235 §1 (part) & 10 (part); 2500 §21; 2580 §3 & 4; 2661 §1, 2, & 3; 2678 §10 18.42 Public Recreation Overlay District 1758 §1 (part); 2500 §2; 2020 §1 18.43 Urban Renewal Overlay District 2257 §9 (part) 18.44 Shoreline Overlay 2627 §11, 12, 16, 17, 18, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, & 29 18.45 Environmentally Critical Areas 2625 §21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, & 45 18.46 PRD - Planned Residential Development 1758 §1 (part); 1770 §27, 29, 30, & 31; 2097 §18, 19, & 20; 2235 § 11 18.50 Supplemental Development Standards 1758 §1 (part); 1815 §2; 1830 §28; 1872 §14 (part); 1971 §18; 1989 §9; 2066 §1; 2076 §1; 2098 §2 & 3; 2176 §2; 2186 §1; 2199 §15, 16, & 17; 2235 §12; 2251 §60; 2324 §12; 2368 §51 & 52; 2407 §10; 2479 §8; 2500 §23; 2518 §10; 2524 §2, 3, 4, & 5; 2549 §24; 2580 §5; 2581 §9, 10, & 11; 2658 §7, 8, & 9; 2661 §4; 2678 §13, 14, & 15; 2716 §5; 2718 §4 18.52 Landscape Requirements 1872 §14 (part); 1971 §19; 2235 §13; 2251 §61, 62, & 65; 2368 §53; 2442 §1; 2518 § 11; 2523 §6, 7, 8, 9, 10, 11, 12, 13, 14, 15, & 16; 2580 §6; 2625 §46, 47, 48, 49, 50, 51, 52, 53, 54, 55; 2627 §30; 2661 §5; 2678 §16 18.54 Urban Forestry and Tree Regulations 1758 §1 (part); 1770 §32; 2570 §2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, & 22; 2625 §57, 58, 59, 60, 61, 62, 63, 64, 65; 2678 §17, 18, & 19 18.56 Off-street Parking and Loading Regulations1758 §1 (part); 1770 §33; 1795 §2 (part); 1795 §3 (part); 1976 §62; 2199 §19; 2251 §66 & 67; 2324 §13; 2368 §54, 55, 56, 57, 58, 59, & 60 2442 §3; 2500 §24; 2518 §13 & 14; 2589 §2 & 3; 2718 §2 58 18,58 Wireless Communication Facilities 2135 §1 (part); 2251 §68, 69, & 70; 2660 §6, 7, 8, 9, 10, 11, 12, 24, 25, 26, 27, 28, 29, 30, 31, 32; 2678 §20 18.60 Board of Architectural Review 1758 §1 (part); 1770 §35; 1865 §49, 50, 51, 53, & 54; 1986 §16; 2005 §16, 17, & 18; 2118 §1; 2199 §20; 2235 §15, 16, 17, & 18; 2251 §73; 2257 §11 & 12; 2368 §61 & 62; 2442 §4 & 5; 2580 §7 & 8; 2627 §31 18.64 Conditional Use Permits 1758 §1 (part); 1770 §36, 38, 39, & 40; 2500 §25, 26, 27, 28, 29, & 30 18.66 Unclassified Use Permits 1758 §1 (part); 1769 §4 (part); 1770 §41, 44, 45, & 46; 1816 §2; 1865 §55; 1991 §11 & 12; 2368 §63 18.70 Nonconforming Lots, Structures and Uses 1819 §1 (part); 1872 §15; 1989 §10; 2005 §19; 2097 §21; 2153 §1; 2500 §31; 2518 §15; 2625 §66; 2678 §21; 2718 §5 18.70 Nonconforming Lots, Structures and Uses 1819 §1 (part); 1872 §15; 1989 §10; 2005 §19; 2097 §21; 2153 §1; 2500 §31; 2518 §15; 2625 §66; 2678 §21; 2718 §5 18.72 Variances 1758 §1 (part); 1770 §48; 1796 §3 (part); 2500 §32 18.80 Amendments to the Comprehensive Plan and Development Regulations 1758 §1 (part); 1770 §52, 54, & 55; 1856 §1 & 2; 2071 §1; 2368 §64 & 66; 2717 §2, 4, 5, 6, & 7 18.82 Amendments to Development Regulations ....2717 §9, 10, 11, & 12 18.84 Requests for Changes in Zoning 2116 §1 (part); 2368 §67, 68, & 69; 2717 §13 & 14 18.86 Development Agreements 2378 §2, 3, 4, 5, 6, 7, 8, & 9 18.88 Application Fees 1758 §1 (part); 1834 §6; 1971 §20; 1994 §1; 2520 §3 18.90 Appeals 1758 §1 (part); 1770 §62; 1796 §3 (part); 2120 §3 18.96 Administration and Enforcement 1758 §1 (part); 2117 §1; 2251 §74; 2549 §25 18.100 Standards for approval of permits 1769 §1 (part); 2500 §33 & 34 59 18.104 Permit Application Types and Procedures 1768 §2 (part); 1834 §8; 1991 §13 & 14; 2097 §23; 2119 §1; 2135 §19 & 20; 2235 §19; 2251 §75, 76, 77, 78, 79, & 80; 2368 §70 & 71; 2442 §6; 2627 §32; 2649 §11; 2678 §22; 2718 §6 18.108 Decision Processes 1768 §3 (part); 1796 §3 (part); 1847 §3; 2119 §2 18.112 Public Hearing Processes 1768 §4 (part) 18.116 Appeal Processes 1768 §5 (part); 1847 §4; 2120 §4 18.120 Housing Options Program 2103 §1 (part); 2103 §3; 2368 §72 60 EXHIBIT B: REENACTED TITLE 18 "ZONING" 61 See Link to Draft Title 18, Exhibit B in the Digital Records Center See Link to Final Title 18, Exhibit B in the Digital Records Center 62 Ci of Tu ila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE"; REENACTING TITLE 19; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2023, the Washington State Legislature recently adopted Senate Bill 5290 ("SB 5290"), which made changes to the land use permitting process; and WHEREAS, the City desires to update language in the Tukwila Municipal Code (TMC), Title 19, "Sign and Visual Communication Code," in alignment with current practices, to improve clarity, and to bring the TMC into compliance with SB 5290; and WHEREAS, the City Council finds that the amendments herein further the public health, safety, and welfare of the residents of Tukwila. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. Repealer. All ordinances as codifed in Title 19, "Sign and Visual Communication Code," and as referenced in Exhibit A, are hereby repealed, thereby eliminating Title 19 in its entirety. Section 3. TMC Title 19 Reenacted. TMC Title 19 is hereby reenacted to read as follows: 2024 Legislation: Title 19 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor Page 1 of 3 63 TITLE 19 SUBDIVISIONS AND PLATS Chapters: 19.04 General Provisions 19.08 Definitions 19.12 Permits 19.16 Construction, Maintenance and Removal of Signs 19.20 Permanent Signs 19.22 Tukwila Urban Center Opt -Out Provision 19.24 Temporary Signs 19.32 Master Sign Program 19.36 Non -Conforming Provisions 19.37 Non -Confirming Signs in Annexation Areas 19.38 Billboards Figures (located at back of this section) Figure 1 Billboard Receiving Area — North of Boeing Access Road (for illustrative purposes only) Figure 2 Billboard Receiving Area — North of 180th Street (for illustrative purposes only) Figure 3 Sign Height Figure 4 Sign Sight Distance Triangle Section 4. Chapters Established. All chapters and figures of TMC Title 19 are hereby established to read as referenced in Exhibit B. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 (5) 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. 2024 Legislation: Title 19 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor 64 Page 2 of 3 ATTEST/AUTHENTICATED: Andy Youn, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Exhibit A: Repealers Exhibit B: Reenacted Title 19, "Sign and Visual Communication Code" 2024 Legislation: Title 19 Repeal and Reenact Version: 10/17/24 Staff: I. Gloor Page3of3 65 Chapters 19.04 General Provisions 19.08 Definitions EXHIBIT A: REPEALERS Ordinance(s) Repealed 2303 §1 (part) 2303 §2 (part); 2375 §1; 2375 §2; 2375 §3; 2375 §4; 2679 §1 19.12 Permits 2303 §3 (part); 2375 §5; 2469 §1; 2501 §1; 2501 §2; 2501 §3; 2549 §26; 2549 §27 19.16 Construction, Maintenance and Removal of Signs 2303 §4 (part) 19.20 Permanent Signs 2305 §5 (part); 2375 §6, §7, §8, & §9; 2409 §1; 2501 §4 & §5; 2679 §2, §3 & §4 19.22 Tukwila Urban Center Opt -Out Provisions 19.24 Temporary Signs 19.28 Variances 19.32 Master Sign Program 19.36 Non -Conforming Provisions 19.37 Non -Conforming Provisions in Annexation Areas 19.38 Billboards 2303 §6 (part) 2303 §7 (part); 2501 §6 & §7; 2549 §28 2303 §8 (part) 2303 §9 (part); 2375 §10; 2501 §8; 2679 §5 2303 §10 (part); 2444 §1 & §2 2375 §11 (part) 2303 §11 (part); 2501 §9 66 EXHIBIT B: REENACTED TITLE 19 "SIGN AND VISUAL COMMUNICATION CODE" 67 TITLE 19 SIGN AND VISUAL COMMUNICATION CODE Chapters: 19.04 General Provisions 19.08 Definitions 19.12 Permits 19.16 Construction, Maintenance and Removal of Signs 19.20 Permanent Signs 19.22 Tukwila Urban Center Opt -Out Provision 19.24 Temporary Signs 19.32 Master Sign Program 19.36 Non -Conforming Provisions 19.37 Non -Conforming Signs in Annexation Areas 19.38 Billboards Figures (located at back of this section): Figure 1 Billboard Receiving Area — North of Boeing Access Road (for illustrative purposes only) Figure 2 Billboard Receiving Area — North of 180th Street (for illustrative purposes only) Figure 3 Sign Height Figure 4 Sign Sight Distance Triangle Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 68 Page 1 of 43 CHAPTER 19.04 GENERAL PROVISIONS Sections: 19.04.010 Title 19.04.020 Intent 19.04.030 Liability for Damages 19.04.040 Severability Clause 19.04.050 Third Party Review and Inspections 19.04.060 Substitution 19.04.070 Conflict with Other Adopted Environmental Regulations 19.04.010 Title This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." 19.04.020 Intent The purpose of this code is to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3. To have signs that enhance the visual environment of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi -modal environment. 19.04.030 Liability for Damages Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 2 of 43 69 19.04.040 Severability Clause If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held 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 code or its application to any other person or situation. 19.04.050Third Party Review and Inspections A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review. In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the third party review. B. If the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of any inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. 19.04.060 Substitution Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. 19.04.070Conflict with Other Adopted Environmental Regulations Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area Regulations and/or Shoreline Regulations, the requirements of the Sensitive Area Regulations and/or Shoreline Regulations shall prevail. CHAPTER 19.08 DEFINITIONS Sections: 19.08.010 Generally 19.08.020 Abandoned Sign 19.08.030 Awning 19.08.040 Awning/Canopy Side Sign 19.08.050 Awning/Canopy Sign, Under 19.08.055 Awning Face Sign 19.08.060 Billboard 19.08.065 Building -Mounted Sign 19.08.067 Billboard Receiving Areas 19.08.069 Billboard Sending Areas 19.08.070 Cabinet Sign 19.08.072 Canopy 19.08.074 Canopy Edge Sign Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 70 Page 3 of 43 19.08.076 Channel Letters 19.08.080 Commercial Real Estate Signs 19.08.082 Commercial Zones 19.08.084 Corner Projecting Sign 19.08.090 Department 19.08.091 Digital Billboard 19.08.092 Director 19.08.094 Dynamic Sign 19.08.100 Electronic Sign 19.08.110 Exposed Building Face 19.08.120 Flush Mounted Building Sign 19.08.130 Freestanding Sign 19.08.140 Freeway Interchange Sign 19.08.142 Fuel Canopy 19.08.144 GBCI 19.08.145 Height, Freestanding Sign 19.08.150 Industrial Zone 19.08.155 Institutional Use 19.08.160 Landmark Business 19.08.162 LEED 19.08.165 Master Sign Program 19.08.170 Monument Sign 19.08.180 Multi -Family Complex 19.08.183 Mural 19.08.185 Off -Premise Signage 19.08.190 Parking Structure Incentive Sign 19.08.195 Permanent Sign 19.08.200 Pole Banner 19.08.210 Portable Sign 19.08.215 Projecting Sign 19.08.220 Premises 19.08.225 Residential Zone 19.08.230 Sight Distance Triangle 19.08.235 Sign 19.08.240 Sign Area 19.08.245 Standard Billboard 19.08.247 Tukwila Urban Center 19.08.250 Temporary Sign 19.08.260 Tukwila International Boulevard Corridor 19.08.265 Window Sign 19.08.270 Window Sign, Temporary 19.08.280 Wireless Communications Facility 19.08.010 Generally As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 4 of 43 71 used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 19.08.020 Abandoned Sign Abandoned Sign means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. 19.08.030 Awning Awning means a fabric -covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.040 Awning/Canopy Side Sign Awning/Canopy Side Sign means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 19.08.050 Awning/Canopy Sign, Under Awning/Canopy Sign, Under means a sign suspended from an awning, canopy or arcade, but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. 19.08.055 Awning Face Sign Awning Face Sign means a sign applied to the main face of an awning, including sloped and vertical surfaces. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 72 Page 5 of 43 19.08.060 Billboard Billboard means an off -premise, freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. 19.08.065 Building -Mounted Sign Building -Mounted Sign means a sign permanently attached to a building and includes flush -mounted signs, awning signs, projecting signs, etc. 19.08.067 Billboard Receiving Areas Billboard Receiving Areas are those areas of the City along South 180th Street zoned as Commercial/Light Industrial; those properties south of South 180th Street along West Valley Highway zoned as Commercial/Light Industrial; all properties located along Boeing Access Road; those properties along East Marginal Way, north of Boeing Access Road; and all properties located along Airport Way, north of Boeing Access Road, for which permits for new billboards may be issued if the criteria of this title are satisfied. Attachments A and B, codified in Title 19 as Figures 19-1 and 19-2, are hereby amended. These maps show the billboard receiving areas listed with this definition and are for illustrative purposes only. 19.08.069 Billboard Sending Areas Billboard Sending Areas are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City. 19.08.070 Cabinet Sign Cabinet Sign means a geometrically -shaped sign with a translucent face, backlit by an internal light source. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 6 of 43 73 19.08.072 Canopy Canopy means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.074 Canopy Edge Sign Canopy Edge Sign means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. 19.08.076 Channel Letters Channel Letters mean three-dimensional, individually -cut letters or figures affixed to a structure. 19.08.080 Commercial Real Estate Signs Commercial Real Estate Signs are signs located in commercial and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. 19.08.082 Commercial Zones Commercial Zones means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C/LI, TVS or TSO. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 74 Page 7 of 43 19.08.084 Corner Projecting Sign Corner Projecting Sign means a tall, vertically -oriented sign that projects from a building corner and is structurally integrated into the building. 19.08.090 Department Department means the Department of Community Development or subsequent organizational successor. 19.08.091 Digital Billboard Digital Billboard means an off -premise sign using digital technology that produces static images which are changed remotely. Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign except that the static image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity. 19.08.092 Director Director means the Director of Community Development or his/her designee. 19.08.094 Dynamic Sign Dynamic Sign is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. 19.08.100 Electronic Sign Electronic Sign means a sign containing a display that can be changed by electrical, electronic or computerized process. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 8 of 43 75 19.08.110 Exposed Building Face Exposed Building Face means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one-half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. 19.08.120 Flush Mounted Building Sign Flush Mounted Building Sign means a sign located on and parallel to a building wall. 19.08.130 Freestanding Sign Freestanding Sign means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure. 19.08.140 Freeway Interchange Sign Freeway Interchange Sign means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry/exit point or industrial zone, but not separated by a physical barrier from the entry/exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway. 19.08.142 Fuel Canopy Fuel Canopy is a structure designed to provide weather protection to motorists in order for them to fill vehicles with gasoline, diesel, compressed natural gas, propane, electricity or other similar compounds that allow for the powering of vehicles. The following components must be in place beneath the structure in order for this definition to apply to a structure: 1) There must be at least two fuel dispensing devices; and 2) Customers must have the ability to pay electronically. 19.08.144 GBCI GBCI means the Green Building Certification Institute or successor entity. 19.08.145 Height, Freestanding Sign Height, Freestanding Sign means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign. See Figure 19-3. 19.08.150 Industrial Zone Industrial Zone means any area of the City zoned LI, HI, MIC/L or MIC/H. 19.08.155 Institutional Use Institutional Use means any non-residential use located within a residential zone that provides services to the surrounding neighborhood or residential community. Common institutional uses include, but are not limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 76 Page 9 of 43 19.08.160 Landmark Business Landmark Business is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. 19.08.162 LEED LEED means the Leadership in Energy and Environmental Design or successor program, as administered by the United States Green Building Council or successor agency. 19.08.165 Master Sign Program Master Sign Program means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. 19.08.170 Monument Sign Monument Sign means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. 19.08.180 Multi -Family Complex Multi -Family Complex means any structure or group of structures within a residential zone that contains at least five dwelling units. 19.08.183 Mural An expression of public art painted directly on the exterior of a building or on a backing that is affixed to the building and that has the consent of the property owner. Text or logos related to the businesses located at the site are not considered to be part of a mural and are subject to the regulations set forth in this code. 19.08.185 Off -Premise Signage Off -Premise Signage means a permanent sign not located on the premises of the use or activity to which the sign pertains. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 10 of 43 77 19.08.190 Parking Structure Incentive Sign Parking Structure Incentive Sign means a flush -mounted building sign permitted on parking structures and intended for periodic changes in copy. 19.08.195 Permanent Sign Permanent Sign means any sign erected without a restriction on the time period allowed for its display as specified in this code. 19.08.200 Pole Banner Pole Banner means a fabric banner sign attached to a street or parking lot light pole. 19.08.210 Portable Sign Portable Sign means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. 19.08.215 Projecting Sign Projecting Sign means a permanent sign perpendicular to the building fagade and suspended from a bracket or armature or cantilevered to the building. Exhibit B: Title 19 Repeal and Reenact Page 11 of 43 Version: 10/17/24 78 19.08.220 Premises Premises means one or more contiguous lots of record not separated by right-of- way and owned or managed by the same individual or entity. 19.08.225 Residential Zone Residential Zone means any area of the City zoned LDR, MDR or HDR. 19.08.230 Sight Distance Triangle Sight Distance Triangle. See Figure 19-4 19.08.235 Sign Sign means materials placed or constructed, or light projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A -boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. 19.08.240 Sign Area Sign Area means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three-dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. 19.08.245 Standard Billboard Standard Billboard means a billboard of at least 150 square feet in which copy is physically changed and is not considered a digital sign under TMC 19.08.091. 19.08.247 Tukwila Urban Center Tukwila Urban Center is defined as all current and future real properties that are zoned Tukwila Urban Center (TUC) by the City's official Zoning Map kept on file with the Department of Community Development. 19.08.250 Temporary Sign Temporary Sign is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. 19.08.260 Tukwila International Boulevard Corridor Tukwila International Boulevard Corridor means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18-9. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 12 of 43 79 19.08.265 Window Sign Window Sign is a sign applied to a window or mounted or suspended directly behind a window. 19.08.270 Window Sign, Temporary Window Sign, Temporary is a sign applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 19.08.280 Wireless Communications Facility Wireless Communications Facility means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. CHAPTER 19.12 PERMITS Sections: 19.12.010 Administration 19.12.020 Sign Permits Required 19.12.030 Exceptions - Sign Permits Not Required. 19.12.040 Prohibited Signs and Devices 19.12.050 Process 19.12.060 Sign Code Violations 19.12.010 Administration The Director of Community Development (hereinafter "Director") or their designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with TMC 19.04.020, "Intent," and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. All permits referenced in this Title are subject to the permitting requirements found in TMC 18.104. 19.12.020 Sign Permits Required A. A sign discernible from any public right-of-way, adjacent premise or an adjacent off -site business shall not be erected, re -erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 80 Page 13 of 43 B. The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency. C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. 19.12.030 Exceptions —Sign Permits Not Required The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC 19.04.020. 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacing, panel change or copy change on existing conforming, monument signs that have valid Tukwila sign permits as permitted by TMC 19.20.030 (B)(7), 19.20.040 (6), or 19.32.075. 3. Temporary window signs, subject to the limitations of TMC 19.24.080. 4. Traffic signs and/or markings installed for the purpose of regulating, warning or directing traffic. Signs may be installed within the right-of-way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Land use notice boards per TMC 18.104.110. 7. Text or graphics on umbrellas located in outdoor seating or plaza areas. 8. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush -mounted building signs may be up to three square feet in size. 9. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5-square-foot, building - mounted plaque; and b. Each residential property shall be permitted four signs that are temporary in nature, for a total sign area of 12 square feet, with no sign larger than 6 square feet. Exhibit B: Title 19 Repeal and Reenact Page 14 of 43 Version: 10/17/24 81 10. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. 11. Banners within the City's right-of-way, located on City -owned light poles, City - owned street light signal poles, or hanging above the right-of-way when approved by the Director of Public Works or designee. 19.12.040 Prohibited Signs and Devices A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations. 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device. 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement or City -owned property without City and/or State approval. 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City -owned facility, even if such facility is located on private property, with the exception of TMC 19.12.030.4. 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation. 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind - animated objects, balloons and similar devices except as provided under TMC 19.24.060. 7. The use of portable signs or other similar devices, unless permitted under TMC 19.24.070. 8. Dynamic signs, except those types specifically permitted under this code. 9. Abandoned signs. 10. No sign may be placed on any property without the property owner's permission. Private property owners shall be responsible for the removal of signs placed on their property without their permission.19.12.050 Process Sign Permit and Master Sign Program applications are type 1 decisions pursuant to TMC 18.104.010. 19.12.060 Sign Code Violations A. It is the responsibility of a property owner and/or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 82 Page 15 of 43 B. The City shall have the right to remove any signs illegally placed within the City's right-of-way, easements under City control or property owned and/or controlled by the City. No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right-of-way for 10 days. The owner of the signs may retrieve the signs from the City and pay a $50-per-sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the 10-day period has expired, the City shall have the right to dispose of the signs. C. Any violation of this code shall be considered a public nuisance and subject to enforcement and penalties as prescribed by TMC 8.45 and the issuance of a Notice of Violation in accordance with TMC 8.45.070. CHAPTER 19.16 CONSTRUCTION, MAINTENANCE AND REMOVAL OF SIGNS Sections: 19.16.010 Construction 19.16.020 Structural Review 19.16.030 Required Inspections for Permanent Signs 19.16.040 Maintenance 19.16.050 Removal of Abandoned Signs 19.16.060 Immediate Removal, Public Safety 19.16.010 Construction A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. B. All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. 19.16.020 Structural Review The City's Building Official may require that proposed building -mounted signs that weigh 400 pounds or more, monument signs 50 square feet or more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review. Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building -mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer. 19.16.030 Required Inspections for Permanent Signs A. When a sign triggers structural review, per TMC 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building -mounted sign is installed. B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 16 of 43 83 C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete 19.16.040 Maintenance All signs, including their support structures, shall be kept in good repair, specifically: 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be replaced in accordance with the original permit unless the sign is non -conforming, per TMC 19.36. 3. All lighting shall be maintained in good working order with no broken or burned - out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City. 6. If a building -mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs A. The Director shall order the removal of any sign that is abandoned as defined by TMC 19.08.020. The particular mitigation measures shall be based on the circumstances outlined below: 1. Non -conforming Freestanding Sign. In the event that a non -conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in TMC 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City. 2. Non -conforming Building -Mounted Sign. In the event that a non- conforming building -mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City. The building wall shall be completely restored, as ordered by the Director. 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign permit from the City. 4. Conforming Building -Mounted Sign. In the event that a conforming building -mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City. Building -mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 84 Page 17 of 43 B. It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. 19.16.060 Immediate Removal, Public Safety The Director shall order the immediate removal of any sign or sign support structure that in his/her opinion poses an imminent threat to public safety or damage to adjacent structures. CHAPTER 19.20 PERMANENT SIGNS Sections: 19.20.010 Intent 19.20.020 Application Requirements 19.20.030 Permanent Signs in Residential Zones 19.20.040 Permanent Free -Standing Signage in Commercial/Industrial Zones 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones 19.20.060 Pole Banners 19.20.070 Dynamic Displays in Commercial/Industrial Zones 19.20.010 Intent A. The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design. It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on -premise businesses, products and uses. 19.20.020 Application Requirements A. All applications to install a permanent sign or other visual communication device shall be subject to the application requirements found at TMC 18.104.060. 19.20.030 Permanent Signs in Residential Zones A. Institutional uses and multi -family complexes are allowed one flush -mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards: 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. Monument signs located on a premise with at least one building that is certified as LEED by the GBCI shall be permitted to be 35 square feet per face and a total of 70 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 18 of 43 85 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030.D. The lighting shall have no spillover impact on adjacent properties. 7. A monument sign permitted under this section is permitted to complete refaces, panel changes and copy changes without the need to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the City under a permit issued on or after August 24, 2010. b. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required under this section. c. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument sign's location. C. Flush -Mounted Building Signs (Wall Signs) - Design Standards: 1. The maximum area of any flush -mounted building sign is limited to the calculation from Table 2 in TMC 19.20.050; however, in no case shall the area of a flush - mounted building sign be greater than 50 square feet. 2. Lighting for flush -mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D. Dynamic Signs in Residential Zones: 1. One monument sign per premise, as permitted under TMC 19.20.030.B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: a. The image of the sign may not change more frequently than once every ten seconds. b. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7am to 10pm. d. All signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. Maximum brightness levels for electronic signs shall not exceed 3-foot candle above ambient light conditions, measured 100 feet from the face. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 86 Page 19 of 43 2. Notice of Understanding: The owner of any dynamic sign installed per this subsection must submit a letter to the Director stating that he/she understands and agrees to abide by the above requirements. 19.20.040 Permanent Free -Standing Signage in Commercial/Industrial Zones A. Monument/freestanding signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards: Each premise is permitted to have one free-standing monument -style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi -public streets, per Table 1 below. Table 1 — Design Standards for Permanent Monument Signs in Commercial and Industrial Zones Total ROW of Premise Allowable Sign Message Area Total Allowable Sign Size Maximum Height Number of Signs Less than 400 feet 36 square feet per side/72 square feet total 54 square feet per side/108 square feet total 6 feet One 400-599 feet 50 square feet per side/100 square feet total 70 square feet per side/140 square feet total 7 feet One 600-799 feet 60 square feet per side/120 square feet total 80 square feet per side/160 square feet total 7 feet One 800-999 feet 66 square feet per side/132 square feet total 88 square feet per side/176 square feet total 8 feet Two 1,000 feet and over 72 square feet per side/144 square feet total 96 square feet per side/192 square feet total 8 feet One for every 400 feet of linear street frontage. a. Allowable sign message area is either the face panel of the sign or, for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. c. Monument signs located on a premise with at least one building that is certified as LEED by the GBCI shall be permitted to have a sign message area increase and total size area increase of one percent. 2. Special Corner Properties or Properties with Multiple Street Frontages: A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has at least 200 feet of frontage on each public street where a sign will be placed; b. Each public street provides direct access to the property; and c. For each separate street frontage Table 1 shall be used to determine the design standards for any proposed monument sign. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 20 of 43 87 3. Setback: All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 4. Maximum Width: The maximum permitted width of a monument sign is 15 feet. 5. Address: In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 6. A monument sign permitted under this section is permitted to complete refaces and copy changes without having to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the City under a permit issued on or after August 24, 2010. b. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required by TMC 19.20.040 (6)(a). c. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument sign's location. 19.20.050 Permanent Building -Mounted Signs in Commercial/Industrial Zones A. Flush -Mounted Building Signs (Wall Signs): 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush -mounted building sign per exterior public entrance. Additionally, each multi -tenant premise with one or more buildings totaling 25,000 square feet or more, but that does not qualify for the Master Sign Program and has gone through design review, is allowed one additional flush -mounted building sign of up to 50 square feet for the complex in addition to individual tenant signs. In the MIC/H zone no more than one flush - mounted wall sign shall be permitted per cardinal direction; regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush -mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building -mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 88 Page 21 of 43 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 - 500 EBF x .05 or 20 square feet 501 - 1,500 (EBF-500) x .04 + 25 square feet 1,501 - 3,000 (EBF-1,500) x .03 + 65 square feet 3,001 - 5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 (except for buildings within the MIC/H District 150 square feet maximum size permitted The additional sign allowances below shall only apply to buildings located on properties within the MIC/H District. 5,001 - 20,000 (EBF-5,000) x .015 + 150 square feet 20,001 - 50,000 (EBF-20,000) x .015 + 375 square feet 50,001 - 80,000 (EBF-50,000) x .015 + 825 square feet 80,001 - 100,000 (EBF-80,000) x .01 + 1,275 square feet Over 100,000 1,500 square feet maximum size permitted (1) Any flush -mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush -mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed 10 square feet or one-third the area of the surface to which the sign is attached (whichever is less); illumination of the sign is permitted. B. Awning Face Sign: An awning face sign may be substituted for a flush - mounted building sign, allowed under TMC 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush -mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. The sign area may be distributed among multiple awnings on an exposed building face. 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is located. 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. 6. In commercial zones awnings may only be constructed of canvas or nylon fabric. C. Projecting Signs: One projecting sign per separate business is permitted in addition to any other type of building -mounted sign when the following standards are met: Exhibit B: Title 19 Repeal and Reenact Page 22 of 43 Version: 10/17/24 89 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground -floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the fagade of the building. In no case shall the sign extend beyond the sidewalk which it overhangs. 5. No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right-of-way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D. Corner Projecting Sign: In order to foster an urban -style environment, a corner projecting sign may be substituted for a projecting sign allowed under TMC 19.20.050.C, when the following standards are met: 1. Signs shall only be permitted in the TUC and NCC zones. 2. Signs are only permitted on the corners of buildings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One corner projecting sign is permitted for each corner of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right- of-way into the tenant space in order to qualify for a corner projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the fagade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7. No portion of a sign shall be lower than 12 feet above the level of the sidewalk. 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign: A canopy -edge sign may be substituted for a projecting sign, allowed under TMC 19.20.050.C, when the following standards are met: 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is limited to a single row of individual letters not to exceed 12 inches in height. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 90 Page 23 of 43 3. The letters may not project beyond the edge of the canopy. 4. The length of the sign may not exceed two-thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian -Oriented Building -Mounted Signs: The signs listed under this section are allowed in addition to the building -mounted signs permitted under TMC 19.20.050.A through E. 1. Under-Awning/Canopy Sign: a. Under-awning/canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or canopy. e. No part of the sign may be less than eight feet above the level of the sidewalk or right-of-way over which it projects. 2. Awning/Canopy Side Sign: a. Only awnings/canopies that are over exterior public entrances are permitted signs. b. Only one awning/canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of lettering, not to exceed two- thirds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy. f. No portion of the sign may be less than eight feet above the sidewalk or other public right-of-way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Window Signs: a. Permanent window signs are permitted to be placed within ground - floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. Exhibit B: Title 19 Repeal and Reenact Page 24 of 43 Version: 10/17/24 91 c. No more than ten percent of the total ground -floor transparent - window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed eight inches. g. The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under TMC 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 4. Incentive Signage. The allowable area of the sign allowed under this provision is 50 percent of that calculated in Table 2, "Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones." Businesses may be permitted additional flush -mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in TMC TMC 19.20.050.A, under the following circumstances: a. The business or use may not have any other building -mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. G. Parking Garage Incentives: The City desires to encourage the construction of parking garages and will permit special incentive signs for parking garage structures under the following conditions: 1. Signs may only be flush mounted to the walls of parking structures have two or more above -ground parking levels. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 92 Page 25 of 43 2. The sign must be designed to allow periodic replacement of the copy. Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. 3. The sign face must be contained within a frame that is architecturally compatible with the building design. 4. Internally -illuminated cabinet signs are not permitted. 5. Each sign may be a maximum of 288 square feet in area. 6. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, that does not exceed six and one-half percent of the exposed face area. Ventilation openings may be included in the parking structure face area calculation. 7. A maximum of two parking structure incentive signs are allowed per parking structure wall. 19.20.060 Pole Banners A. Pole banners are permitted in the Tukwila Urban Center zone and on properties that contain a Public Recreation Overlay as defined by Title 18 of the TMC. B. Pole banners may only be attached to parking lot light poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is 10 square feet, with a limit of 2 banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the banner permit is required. 19.20.070 Dynamic Displays in Commercial/Industrial Zones A. Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. CHAPTER 19.22 TUKWILA URBAN CENTER OPT -OUT PROVISIONS Sections: 19.22.010 Purpose 19.22.020 New Opt -outs Not Permitted 19.22.025 Other Chapters Remain in Force 19.22.027 Application Requirements 19.22.030 Allowable Signage 19.22.035 Dynamic Signs 19.22.040 Right to Opt -Back In Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 26 of 43 93 19.22.010 Purpose A. The Tukwila Urban Center defined in TMC 19.08.247 is an area of existing development that due to its high traffic counts and auto -oriented property configuration is well served by the historical sign regulations. This chapter established an "opt -out" provision for properties that currently do not have the development pattern that would benefit from the sign regulations found in TMC 19.20. 19.22.020 New Opt -outs Not Permitted A. In order to opt -out of the provisions of this Title, property owners must have submitted a letter to the Director notifying the City of the property owner's intent to opt - out within one year of the effective date of Ordinance No. 2303, passed in 2010. As this date has now passed, no new opt -outs shall be permitted. 19.22.025 Other Chapters Remain in Force A. A decision to opt out as permitted by TMC 19.22.020 is only from TMC 19.20 and all other chapters of this Title shall remain in full force. Properties that have opted out of the requirements of TMC 19.20 are ineligible to participate in the Master Sign Program found in TMC 19.32 unless the property owner chooses to opt back in pursuant to TMC 19.22.040. 19.22.027 Application Requirements A. All applications to install a permanent sign or other visual communication device under this chapter shall be subject to the application requirements found at TMC 18.104. 19.22.030 Allowable Signage A. A premise that has opted out will only be allowed permanent signs under the provisions of this section. 1. Permanent Wall Signs: Each tenant space shall be permitted one permanent wall sign. An additional permanent wall sign is permitted if the tenant is not listed on a freestanding sign on the premises. The following criteria shall be met for all permanent wall signs: a. The area of the wall sign shall be a percentage of the area of exposed building face of the tenant space, as calculated per Table 1. Table 1 — Allowable Message Area for Permanent Wall Signs in the Southcenter Parkway Corridor Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0-500 EBF x .05 or 20 square feet 501-1,500 (EBF-500) x .04 + 25 square feet 1,501-3,000 (EBF-1,500) x .03 + 65 square feet Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 94 Page 27 of 43 3,001-5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 150 square feet maximum size permitted b. The permanent wall sign must be located on the exposed building face of the tenant space that qualifies for the sign. c. Only one permanent wall sign is permitted per tenant space per exposed building face. 2. Freestanding Signs: One freestanding sign shall be permitted for each premise. One additional freestanding sign may be permitted for premises that meet the following conditions: a. The site has at least 400 linear feet of frontage on a public street; b. The site has at least two detached commercial occupied buildings, neither of which is accessory to the other; c. The site is occupied by at least two tenants. 3. Development Standards for Freestanding Signs: The following development standards shall apply to freestanding signs permitted under TMC 19.22.030 (B): a. Area of Sign. Street Frontage Sign Area/Sign Up to 200 feet 50 sq ft. with a total of 100 sq ft. for all sides. 200 to 400 feet. 75 sq. ft. with a total of 150 sq. ft. for all sides. Over 400 feet. 100 sq. ft. with a total of 200 sq ft. for all sides. b. Height: Any permitted freestanding sign shall be not taller than the building it identifies up to a maximum height of 35 feet. c. Setback: All freestanding signs shall be set back from all property lines a distance equal to the height of the sign. d. Address: In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 19.22.035 Dynamic Signs A. Properties that choose to opt out of the provisions of TMC 19.20 are prohibited from having any sign which may be considered a dynamic sign. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 28 of 43 95 19.22.040 Right to Opt -Back In A. A property owner that previously was approved to opt out may choose to opt back in to the signs permitted under TMC 19.20. A decision to opt back in is permanent and may be made at any time provided the following conditions are met: 1. The property owner provides the Director of Community Development a letter indicating their intent to opt back in to TMC 19.20 with copies to all affected tenants. 2. The letter must identify all signs that do not conform to the requirements of TMC 19.20 and either modify or remove them within 30 days of the date of the letter. 3. If existing signs are to be modified to meet the standards in TMC 19.20, the letter must be accompanied by sign permit applications identifying how they will achieve conformance. CHAPTER 19.24 TEMPORARY SIGNS Sections: 19.24.010 Purpose 19.24.020 Application Requirements 19.24.030 Temporary Signs in Residential Zones 19.24.040 Temporary Signs in Commercial and Industrial Zones 19.24.050 General Provisions for all Temporary Signs 19.24.060 Additional Temporary Signage 19.24.070 Portable Signs 19.24.080 Temporary Window Signs 19.24.090 Violations 19.24.010 Purpose A. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter. 19.24.020 Application Requirements A. All applications to install a temporary sign or other visual communication device shall be subject to the application requirements found at TMC 18.104. 19.24.030 Temporary Signs in Residential Zones A. In addition to the signage permitted under TMC 19.12.030, institutional and multi -family uses are permitted the following temporary signage: 1. Each institutional use and multi -family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 96 Page 29 of 43 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi -family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under TMC 19.12.040.6. The duration of the permit shall not exceed 72 hours. 19.24.040 Temporary Signs in Commercial and Industrial Zones A. Each business is permitted up to two temporary signs per temporary sign permit. B. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of signage within the calendar quarter. 19.24.050 General Provisions for all Temporary Signs A. Placement: Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden. B. Setbacks: All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 19.24.060 Additional Temporary Signage A. Each business operating within the City shall be permitted one additional temporary sign permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under TMC 19.24.040 and 19.24.050. 2. Any of the sign types otherwise prohibited under TMC 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 30 of 43 97 19.24.070 Portable Signs A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City. B. The City may approve the use of portable signs if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and/or pedestrians in navigating City streets and/or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety. 3. The use of the portable signs is part of a larger motorist and/or pedestrian management plan. 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5. The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. 19.24.080 Temporary Window Signs A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D. Only windows along the same fagade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent -window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F. No individual sign may be larger than six square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Violations A. Any violation of this chapter, or failure to comply with any of the requirements of this chapter, shall be subject to enforcement and penalties as prescribed in TMC 8.45 and the issuance of a Notice of Violation in accordance with TMC 8.45.070. CHAPTER 19.32 Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 98 Page 31 of 43 MASTER SIGN PROGRAM Sections: 19.32.010 Intent of Master Sign Program 19.32.020 Eligibility 19.32.030 Process 19.32.040 Criteria 19.32.050 Application Requirements 19.32.060 Allowable Modifications Under a Master Sign Program 19.32.070 Existing Signs Not Conforming to a Master Sign Program 19.32.075 Copy and Refaces of Monument and Grand Monument Signs 19.32.080 Regional Gateway Sign 19.32.090 Binding Effect 19.32.010 Intent of Master Sign Program A. The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated into a cohesive design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in TMC 19.04.020. Signs permitted under this chapter may only list on -premise businesses, products and uses. 19.32.020 Eligibility A. Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Essential Public Facilities within commercial or industrial zones. 19.32.030 Process A. Master Sign Programs are Type 1 Permit decisions in accordance with TMC 18.104. Approval of a Master Sign Program does not waive the permit requirements for individual signs. 19.32.040 Criteria A. A Master Sign Program may be approved if all of the following criteria are met: 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 32 of 43 99 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night-time environment if the site is in a commercial zone. 5. No sign -related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non- conforming signs on the premise within three years from the date of Master Sign Program approval. 19.32.050 Application Requirements A. Applications for Master Sign Programs shall be subject to the application requirements found at TMC 18.104.060. 19.32.060 Allowable Modifications Under a Master Sign Program A. Modifications to the following standards may be allowed under an approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush -mounted building sign, allowed per TMC 19.20.050.A shall be allowed as follows: a. For premises up to 85 acres in size, the flush -mounted building sign can be increased to six percent of the exposed building face, up to a maximum of 250 square feet. b. For premises 85 acres and over in size, the flush -mounted building sign can be increased up to six percent of the exposed building face, up to a maximum of 500 square feet, provided that no flush -mounted building sign with an area greater than 250 square feet is located within 250 feet of a public street. 3. Aggregation of the building -mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. 5. In no more than one location on a premise, the allowable sign area for an exposed building face may be split between two flush -mounted building signs located on the same exposed building face so long as there is a minimum vertical separation of 20 feet between the two flush -mounted building signs. 6. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 100 Page 33 of 43 c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally -integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 7. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b. Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under TMC 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. For sites over 85 acres, the sign message area may be increased up to 500 square feet per side, 1000 square feet total. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater. The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises, except for sites over 85 acres, the height may exceed the tallest building but shall not exceed 115 feet. g. No more than two grand monument signs are allowed per premises. 8. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush -mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 34 of 43 101 19.32.070 Existing Signs Not Conforming to a Master Sign Program A. Any new or amended Master Sign Program shall include the removal of any existing, non -conforming signs on the premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or TMC 19.36 of this code, within three years. If phasing is proposed, a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. 19.32.075 Copy and Refaces of Monument and Grand Monument Signs Approved under this Chapter A. A monument sign or grand monument sign permitted under this TMC is permitted to complete refaces and copy changes without having to obtain a new permit, provided ALL of the following criteria are met: 1. The monument sign or grand monument sign was authorized by the City under a permit issued on or after August 24, 2010. 2. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required by TMC 19.32.075 (1). 3. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument or grand monument sign's location. 19.32.080 Regional Gateway Sign A. In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Tukwila Urban Center area of the City. The standards for such a sign shall be set forth in the development agreement. 19.32.090 Binding Effect A. After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall control. CHAPTER 19.36 NON -CONFORMING PROVISIONS Sections: 19.36.010 Purpose 19.36.020 Definition and Removal of Legally Non -Conforming Permanent Signs 19.36.030 Existing Freeway Interchange Signs 19.36.040 Additional Signage Prohibited Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 102 Page 35 of 43 19.32.050 Financial Incentives — Tukwila International Boulevard Corridor 19.36.010 Purpose A. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non -conforming signs. Subject to the remaining restrictions of this chapter, non -conforming signs that were otherwise lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. 19.36.020 Definition and Removal of Legally Non -Conforming Permanent Signs A. All permanent signs that do not conform to the specific standards of this code may be considered legally non -conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non -conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. B. Any monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Loss of Legal Non -conforming Status: Non -conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non -conforming sign permit is required but not obtained within 180 days of notice of non-conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non -conforming building -mounted signs on the premise affected by the construction and all non -conforming free-standing signs lose their non -conforming status. 3. When any change to the structure or sign panel/face/copy or any relocation, re -erection, alteration, replacement or change in any way to a sign is proposed. 4. When the sign meets the definition of abandoned. 5. Damage of 25 percent or more in the value of either the non -conforming sign or the structure to which it is affixed. D. Maintenance: Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two- year period is less than 25 percent of the cost of replacing the sign. 19.36.030Existing Freeway Interchange Signs A. Relocation, re -erection, alteration, replacement or change in any way to the structure or sign panel/face/copy of any existing sign classified as a freeway interchange signs under the previous sign code is prohibited and will result in a loss of non -conforming status. Ordinary maintenance and repair of a sign shall be permitted without loss of non - Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 36 of 43 103 conforming status if the cost of all maintenance and repair over a two-year period is less than 25 percent of the cost of replacing the sign. 19.36.040Additional Signage Prohibited A. No additional permanent building -mounted signage is permitted on a tenant space that contains a non -conforming building -mounted sign. No additional permanent free-standing signs are permitted on a premises that contains a non -conforming freestanding sign other than a sign that was classified as "freeway interchange" under the previous Sign Code. 19.36.050Financial Incentives — Tukwila International Boulevard Corridor A. In order to assist with the removal of non -conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be reviewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18-9. b. Removal of non -conforming signs listed in TMC 19.36.030 shall have a higher priority than removal of non -conforming signs listed in TMC 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. CHAPTER 19.37 NON -CONFORMING SIGNS IN ANNEXATION AREAS Sections: 19.37.010 Purpose 19.37.020 Definition and Removal of Legally Non -Conforming Permanent Signs 19.37.030 Non -Conforming Sign Permits 19.37.040 Non -Conforming Temporary Signs 19.37.050 Additional Signage Prohibited 19.37.010 Purpose A. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non -conforming signs within areas of the City that were annexed after Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 104 Page 37 of 43 May 1, 2012. Subject to the remaining restrictions of this chapter, non -conforming signs that were otherwise lawful on the effective date of the annexation may remain subject to the limitations under this chapter. The provisions of this chapter do not apply to billboards within annexation areas. 19.37.020 Definition and Removal of Legally Non -Conforming Permanent Signs A. All permanent signs within annexation areas are considered legally non- conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non- conforming rights are not granted to temporary signs or signs that were in violation of King County ordinances or regulations of the State of Washington. The burden of establishing that a sign is non -conforming lies solely with the individual asserting the claim that a sign is non -conforming. B. Any monument sign installed within an annexation area that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs in Annexation Areas: Signs that were installed within the annexation area prior to the effective date of the City's annexation and became non -conforming upon annexation in the City, may be issued a non -conforming sign permit that will allow the signs to remain for 10 years from the effective date of the annexation. This 10-year period shall be known as the "annexation grace period." D. Sign Modifications During the Annexation Grace Period: During the annexation grace period, signs with non -conforming sign permits may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non -conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Annexation Grace Period: After the annexation grace period, the sign is permitted to remain as -is indefinitely. However, relocation, re - erection, alteration, replacement or change in any way to a legal, non -conforming sign, including the structure or sign panel/face/copy, will require the sign be brought into compliance with the sign code in effect at the time of submittal of a complete sign permit application. 19.37.030 Non -Conforming Sign Permits A. Non -Conforming Sign Inventory: The Director shall, as soon as practicable after the effective date of the annexation, survey the annexation area for signs that do not conform to the requirements of Title 19. Upon determination that a sign is non -conforming or illegal, the Director shall use reasonable efforts to notify the sign owner, in writing and, where practicable, the owner of the property on which the sign is located. Notification shall include: 1. Whether the sign is non -conforming or illegal. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 38 of 43 105 2. Whether the sign may be eligible for a non -conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. The failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non -Conforming Sign Permits: 1. Eligibility: A non -conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required: A Type 1 Sign Permit is required for all eligible non- conforming signs within the annexation areas. The sign owner shall obtain the permit within 180 days of notification by the City. Sign permits shall be obtained for any panel or copy change allowed during the annexation grace period. There is no permit fee for the issuance of the non -conforming sign permit. 3. Applications: Applications for a non -conforming sign permit shall be subject to the application requirements found at TMC 18.104. 4. Failure to Respond: It is the sign owner and/or property owner's responsibility to return the non -conforming sign permit to the City within the 180 days of notice as outlined in this section. Failure to respond will constitute a waiver of any grace period provided to the sign under this chapter and modifications to the sign will be controlled by TMC 19.36.030. 5. Permit Issuance: The Director shall issue non -conforming sign permits upon a determination of eligibility. C. Loss of Legal Non -conforming Status: Non -conforming signs shall be brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When an application is submitted to the City for a project that is subject to design review, any non -conforming building -mounted signs on the premise affected by the construction and all non -conforming free-standing signs lose their non -conforming status. 2. When any panel or copy changes are proposed after the expiration of the annexation grace period. 3. When the sign meets the definition of abandoned. 4. Damage of 25 percent or more in the value of either the non -conforming sign or the structure to which it is affixed. D. Maintenance: Ordinary maintenance and repair of a sign shall be permitted without loss of non -conforming status if the cost of all maintenance and repair over a two- year period is less than 25 percent of the cost of replacing the sign. 19.37.040 Non -Conforming Temporary Signs A. Non -conforming temporary signs in annexation areas must be removed within 120 days of the effective date of the annexation. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 106 Page 39 of 43 B. Commercial real estate signs in existence in the annexation area prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.37.050 Additional Signage Prohibited A. No additional permanent building -mounted signage is permitted on a tenant space that contains a non -conforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non -conforming freestanding sign. CHAPTER 19.38 BILLBOARDS Sections: 19.38.010 Purpose 19.38.020 Billboard Receiving Areas Established 19.38.030 Billboard Sending Areas Established 19.38.040 New Billboards 19.38.050 Refurbishing Existing Billboards 19.38.060 Application Materials for Billboards within the City 19.38.010 Purpose A. The purpose of this chapter is to establish regulations for the use of billboards within the City. The City desires to establish a process that will allow some use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate or desired. 19.38.020 Billboard Receiving Areas Established A. New billboards shall only be permitted in designated receiving areas. 19.38.030 Billboard Sending Areas Established A. All areas of the City that are not designated as receiving areas in TMC 19.38.020 are hereby designated as billboard sending areas, from which billboards must be removed before construction of the billboard in the receiving area can commence. 19.38.040 New Billboards A. No new billboards, neither digital nor standard, will be permitted within the City unless the applicant reduces the total number of existing billboards within the City sending areas. 1. Installing new billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. 2. Table 1 shows the ratio that will be used to determine the number of billboards that must be removed (cut to or below grade, including removal of the pole structure) within a designated sending area in order to install a billboard within designated receiving areas. Removal of all billboards included in Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 40 of 43 107 an application for a new billboard must be completed before construction can commence on the proposed billboard in the application. Table 1 Type of Sign Proposed in Designated Receiving Area One Static Billboard Face Number of Billboards That Must Be Removed Within Designated Sending Areas Five billboard faces One Digital Billboard Face Seven billboard faces 3. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within 10 feet of any adjacent right of way. f. No portion of the billboard's foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. g. Lighting of Billboards: 1) The billboard may be illuminated; non -digital billboards shall utilize lights that shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than 3-foot candles above ambient light as measured using a foot candle meter at a pre-set distance as outlined in Table 2. Table 2 Billboard Style Dimensions Measurement Distance Posters 12 x 24 feet 150 feet Bulletins 14 x 48 feet 250 feet 2) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. 3) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. 4) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every 8 seconds. 5) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 108 Page 41 of 43 or billboard identification numbers are permitted and shall not exceed an area of three square feet. 4. Billboard Placement, Street Tree Pruning: Upon application to place a billboard within a designated receiving area, the City and the applicant shall work to determine a billboard location that will not be visually obscured either now or in the future by surrounding street trees. If placement of the billboard cannot be accomplished in such a way that will avoid conflicts between the billboard and current or future street trees, pruning of the street trees is permitted, provided: a. The applicant obtains a street use permit from the City's Public Works Department. The purpose of the permit is to regulate the manner by which the trees will be pruned, such as lane closures, sidewalk closures, etc. b. All pruning is done by the applicant and all cost is borne entirely by the applicant. c. All pruning activities are supervised by a certified arborist and all pruning complies with ANSI A300 as currently written or as may be amended. d. Only those street trees on or adjacent to the property where the billboard is located are eligible for pruning. e. In the event of death of the tree(s) as a result of the pruning activities, the applicant shall be responsible for paying the landscape value of the tree(s) as determined by a certified arborist or landscape architect. 19.38.050 Refurbishing Existing Billboards A. Existing billboards within designated sending areas may be refurbished and upgraded, subject to the following standards: 1. The refurbished billboard must remain on the same premise. 2. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. 3. The number of faces for the billboard remains the same or is reduced from the existing billboard. 4. The height of the billboard may not be increased. 5. Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning, the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property within a residential zone. 6. Non -digital billboards cannot be refurbished or upgraded to either tri-vision or digital displays. 7. Improvement of lighting is permitted. Foot candles produced by the billboard may not extend offsite. 8. Additional signage may be attached to sign provided it complies with TMC 19.38.040.H. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 Page 42 of 43 109 9. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events. Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify required message duration and length of display for both public service announcements and emergency alerts. 19.38.060 Application Materials for Billboards within the City A. All applications to install a billboard shall be subject to the application requirements found at TMC 18.104. Exhibit B: Title 19 Repeal and Reenact Version: 10/17/24 110 Page 43 of 43 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1331 §19, 1344 §10, 1770 §84, AND 2374 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 21.04.210; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2023, the Washington State Legislature adopted Senate Bill 5290 ("SB 5290"), which made changes to the land use permitting process; and WHEREAS, certain sections of Chapter 21 of the Tukwila Municipal Code ("TMC') need to be updated and brought into compliance with SB 5290; and WHEREAS, there are also certain ambiguities and policies in the TMC that need to be revised and updated; and WHEREAS, the City Council finds that the amendments herein further the public health, safety, and welfare of the residents of Tukwila. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. TMC Section 21.04.210 Amended. Ordinance Nos. 1331 §19, 1344 §10, 1770 §84, and 2374 §1, as codified at TMC Section 21.04.210, "Public Notice — Procedure," are hereby amended to read as follows: A. Whenever public notice is required, the City shall follow the procedures set forth in this section. B. Public notice will be given in the following situations: 2024 Legislation: Title 21 amendments Version; 10/17/24 Staff: I. Gloor Page 1 of 3 111 1. When the City issues an Optional Determination of Non -Significance (ODNS) per WAC 197-11-355; 2. When the City issues a Determination of Non -Significance (DNS) per WAC 197-11-340; 3. When the City issues a Mitigated Determination of Non -Significance (MDNS) per WAC 197-11-350; 4. When the City issues a Determination of Significance (DS) to commence scoping per WAC 197-11-360; 5. When a draft EIS (DEIS) is issued per WAC 197-11-455; 6. Whenever the City holds a public hearing pursuant to WAC 197-11-535, provided that if the project requires a Type 3, 4 or 5 decision such hearing shall be consolidated with the public hearing on the merits of the project; or 7. Whenever the responsible official determines that public notice is required. C. The threshold determination shall be sent to the applicant, parties of record and agencies with jurisdiction, and posted to the SEPA Register per WAC 197-11-508 for the projects listed under subsection B above. Public notice of the threshold determination shall be made available on the City's website, or using one of the notice procedures set forth in WAC 197-11-510. D. The City may require an applicant to compensate the City for the costs of compliance with the public notice requirements for the applicant's proposal and/or provide services and materials to assist. Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. 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 5. 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 (5) 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. 2024 Legislation: Title 21 amendments Version: 10/17/24 Staff: I. Gloor 112 Page 2 of 3 ATTEST/AUTHENTICATED: Andy Youn, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney 2024 Legislation: Title 21 amendments Version: 10/17/24 Staff: I. Gloor Page3of3 113