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
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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.
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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.
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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
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(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.
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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
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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
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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.
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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.
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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:
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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
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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"
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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(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.
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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
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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
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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
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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
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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
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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"
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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:
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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.
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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
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