HomeMy WebLinkAboutPlanning 2025-01-23 ITEM 6.4 - Public Hearing - Residential ConversionsCity of Tukwila
HEARING DATE:
FILE NUMBERS:
STAFF REPORT TO THE PLANNING COMMISSION
Prepared January 14, 2025
January 23, 2025
L25-0002
E25-0003
APPPLICANT: City of Tukwila
REQUEST:
Thomas McLeod, Mayor
Code amendment proposal to adopt provisions
regarding conversion of non-residential uses into
residential
LOCATION: Policies apply throughout the City of Tukwila
NOTIFICATION:
Hearing Notice was published in the Seattle Times on
January 9, 2025, and posted on the City of Tukwila
website on January 9, 2025.
SEPA DETERMINATION: An environmental determination will be issued prior to
City Council consideration.
STAFF: Neil Tabor, AICP, Senior Planner
BACKGROUND
In the 2023 legislative session the state legislature passed HB 1042, a bill broadening
the required allowances for conversion of non-residential buildings, or non-residential
portions of buildings, into residential spaces. This bill intends to encourage conversion
of underutilized office and commercial space into much needed residential units.
Viability of individual buildings for conversion may differ based on building
characteristics. The City is required to adopt code compliant with the bill by six months
after the adoption of the comprehensive plan, or June 30, 2025.
Per the Municipal Research and Services Center (MRSC) some of the key provisions of
the requirements include:
• Allowing a 50% density increase above what is permitted in the underlying zone
if the housing is constructed entirely within the envelope of an existing building,
provided that generally applicable health and safety standards can be met;
• Prohibiting the imposition of parking standards on the additional dwelling units
(however, cities may require retention of existing parking required to satisfy
existing residential parking requirements under local law and for any
nonresidential uses that remain after new units are added);
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• Prohibiting imposing additional permitting requirements on use of existing
buildings beyond those applicable to all residential development in the zone, with
the exception of emergency and transitional housing;
• Prohibiting the imposition of additional design standards beyond those generally
applicable to all residential development in the zone;
• Prohibiting requiring that unchanged portions of an existing building used for
residential purposes meet the current energy code (however, if any portion of an
existing building is converted to new dwelling units, the new units must meet the
current energy code); and
• Prohibiting denial of a building permit based on certain existing nonconformities
unless a city official with decision -making authority makes findings that the
nonconformity is causing a significant detriment to the surrounding area.
Other key provisions of the bill include:
• Provisions apply to all zones permitting multifamily development, and all structures
that have received a certificate of occupancy at least three years prior.
• Developments along designated "Major Pedestrian Corridors", as defined by the
individual jurisdiction, may restrict conversion of otherwise qualifying ground floor
building space if there is a code requirement for non-residential ground floor space.
ANALYSIS
Preserving ground floor uses and requiring ground floor commercial uses in select
residential development circumstances can provide a variety of public benefits and
support fulfillment of comprehensive plan goals and policies. Ground floor commercial
spaces can help foster placemaking, support denser transit -oriented development,
provide spaces for local businesses and options for local shoppers, amongst other
benefits. Many of the comprehensive plan policies to achieve these goals are focused
along the TIB corridor, which is transit rich, but currently lacks significant walkable
commercial opportunities outside of a select few nodes. Staff anticipates revisiting
zoning and development regulations in the future, which will likely include evaluating
ground floor commercial requirements in mixed use developments.
In the interest of preserving the ability to maintain ground floor commercial spaces, staff
proposes to adopt a Major Pedestrian Corridor along Tukwila International Boulevard as
depicted in Figure 1 below.
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Major
Pedestrian
Corridor
Pedestrian
Corridor
1/18/2025
Fgure 1
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SUMMARY OF PROPOSED CHANGES
Staff proposes adopting a new code section as TMC 18.50.230 "Residential Conversions",
clarifying residential conversion allowances and standards, and adopting a map designating
parcels within a Major Pedestrian Corridor. Language regarding residential conversions in
zones affected by these provisions are also noted in individual chapters.
Detailed redlines of proposed code amendments can be found as an attachment.
A new definition of "Residential Conversion" is also proposed in TMC 18.06 for clarity, as copied
below.
"Residential Conversion" means the conversion of a building, or portion of a building, that is
vacant, or occupied by a nonresidential use, to a residential use.
REQUESTED ACTION
Staff is requesting that the Planning Commission forward a recommendation for adoption of the
proposed redlined language, with any suggested modifications, to the City Council for their
further review and adoption.
ATTACHMENTS
A. Proposed Code Amendments (Redlined)
B. HB 1042
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®3ng1L25-0002 Residential Conversions
Attachment A
CHAPTER 18.06
DEFINITIONS
Sections:
18.06.005 General Definitions
18.06.010 Abandoned Mine Areas
18.06.015 Access Road
18.06.016 Accessory Dwelling Unit
18.06.017 Adaptive Management
18.06.018 Adjacent
18.06.020 Adult Day Care
18.06.025 Adult Entertainment Establishments
18.06.030 Airports
18.06.035 Alley
18.06.036 Alteration
18.06.037 Amusement Device
18.06.045 Applicant
18.06.048 Appurtenance
18.06.050 Area, Site
18.06.055 Areas of Potential Geologic Instability
18.06.056 Armoring
18.06.058 Assisted Living Facility
18.06.059 Bank
18.06.060 Basement
18.06.061 Battery Charging Station
18.06.062 Battery Exchange Station
18.06.063 Bed -and -Breakfast Lodging
18.06.064 Best Available Science
18.06.065 Best Management Practices
18.06.066 Binding Site Improvement Plan
18.06.070 Bioengineering
18.06.072 Block
18.06.073 Boarding House
18.06.074 Brew Pub
18.06.075 Buffer
18.06.080 Building
18.06.085 Building, Accessory
18.06.090 Building Area
18.06.095 Building, Detached
18.06.097 Building Footprint
18.06.100 Building Height
18.06.105 Building Line
18.06.110 Building, Nonconforming
18.06.115 Building Permit
18.06.118 Bulk Retail
18.06.119 Bulkhead
18.06.120 Bus Station
18.06.125 Caliper
18.06.130 Canopy
18.06.135 Canopy Cover
18.06.137 Cargo Container
18.06.140 Certified Arborist
18.06.142 Charging Levels
18.06.143 Channel Migration Zone
18.06.145 Clearing
18.06.150 Clinic, Outpatient Medical
18.06.152 Closed Record Appeal
18.06.155 Club
18.06.160 Commercial Laundries
18.06.165 Comprehensive Plan
18.06.170 Continuing Care Retirement Community
18.06.172 Contractor Storage Yards
18.06.173 Convalescent/Nursing Home
18.06.175 Cooperative Parking Facility
18.06.178 Correctional Institution
18.06.180 Coverage
18.06.181 Critical Root Zone
18.06.182 Critical Areas
(001) Critical Area Buffer
(007) Critical Areas Ordinance
(010) Critical Area Regulated Activities
(013) Critical Area Tract or Easement
18.06.183 Cul-de-Sac
18.06.185 Curb -Cut
18.06.190 Dangerous Waste
18.06.195 Day Care Center
18.06.196 Daylighting
18.06.198 Dedication
18.06.199 Defective Tree
18.06.200 Density Transfer
18.06.202 Department
18.06.203 Design Criteria
18.06.204 Design Guidelines
18.06.205 Designated Facility Zone
18.06.208 Detached Zero -Lot -Line Units
18.06.210 Development
18.06.215 Development Area
18.06.216 Development Permit
18.06.217 Development, Shoreline
18.06.220 Diameter at Breast Height (DBH)
18.06.222 Dike
18.06.225 Director
18.06.230 District
18.06.232 District, Overlay
18.06.234 Diversion Facility
18.06.235 Diversion Interim Services Facility
18.06.237 Dormitory
18.06.240 Driveway
18.06.242 Durable Uniform Surface
18.06.245 Dwelling, Manufactured or Mobile Home
18.06.246 Dwelling, Mobile Home
18.06.247 Dwelling, Multi -Family
92
18.06.248 Dwelling, Single -Family
18.06.249 Dwelling Unit
18.06.250 Ecological/Ecosystem Functions (or Shoreline Functions)
18.06.252 Ecosystem -Wide Processes
18.06.255 Emergency Housing
(001) Emergency Shelter
(002) Permanent Supportive Housing
(003) Transitional Housing
(004) Domestic Shelter
18.06.258 Electric Vehicle
18.06.259 Electric Vehicle Charging Station
18.06.260 Electric Vehicle Charging Station -Restricted
18.06.261 Electric Vehicle Charging Station -Public
18.06.262 Electric Vehicle Infrastructure
18.06.263 Electric Vehicle Parking Space
18.06.264 Engineer, Geotechnical
18.06.266 Engineer, Professional
18.06.268 Engineering, Geotechnical
18.06.269 Environment Designation
18.06.270 Essential Public Facility
18.06.280 Essential Use
18.06.283 Essential Utility
18.06.285 Essential Street, Road, or Right -of -Way
18.06.287 Extended -Stay Hotel or Motel
18.06.290 Extremely Hazardous Waste
18.06.300 Family Child Care Home
18.06.305 Feasible
18.06.310 Fence
18.06.315 Filling
18.06.318 Final Plat
18.06.320 Fire Lane
18.06.325 Floor Area
18.06.330 Flood Plain
18.06.335 Flood Hazard Reduction
18.06.338 Floodway
18.06.340 Fraternal Organization
18.06.345 Garage, Private
18.06.353 General Retail
18.06.355 Geologist
18.06.365 Grade
18.06.370 Grading
18.06.380 Groundcover
18.06.385 Hazardous Substance
18.06.390 Hazardous Substance Processing or Handling
18.06.395 Hazardous Tree
18.06.400 Hazardous Waste
18.06.405 Hazardous Waste Storage
18.06.410 Hazardous Waste Treatment
18.06.415 Hazardous Waste Treatment and Storage Facility, Off -Site
18.06.420 Hazardous Waste Treatment and Storage Facility, On -Site
18.06.430 Home Occupation
93
18.06.435 Hospital
18.06.440 Hotel
18.06.445 Impervious Surface
18.06.450 Infrastructure
18.06.453 Integrated Site
18.06.454 Internet Data/Telecommunication Center
18.06.456 Invasive Plant and Tree List
18.06.460 Junk Yard
18.06.465 Kennel
18.06.470 Laboratory, Medical and Dental
18.06.472 Large Woody Debris (LWD)
18.06.473 Land Surveyor
18.06.475 Land -Altering Activity
18.06.480 Land -Altering Permit
18.06.486 Landscape Design Professional
18.06.490 Landscaping or Landscaped Areas
(001) Mulch
18.06.492 Lease
18.06.493 Levee
18.06.495 Loading Space
18.06.500 Lot
18.06.505 Lot Area
18.06.510 Lot, Corner
18.06.520 Lot Depth
18.06.525 Lot Frontage
18.06.530 Lot Lines
18.06.535 Lot, Interior
18.06.538 Lot, Parent
18.06.540 Lot, Through
18.06.543 Lot, Unit
18.06.545 Lot Width
18.06.551 Marijuana
18.06.552 Marijuana Processor
18.06.553 Marijuana Producer
18.06.554 Marijuana Retailer
18.06.555 Major Adjustment
18.06.556 Marijuana -infused Products
18.06.557 Marijuana Concentrates
18.06.560 Mall
18.06.565 Manufactured/Mobile Home Park
18.06.567 Manufacturing
18.06.568 Mass Transit Facilities
18.06.570 Mean High Water Mark
18.06.571 Mean Higher High Water (MHHW)
18.06.575 Mining and Quarrying
18.06.580 Minor Adjustment
18.06.581 Mitigation
18.06.583 Modular Home
18.06.585 Motel
18.06.586 Native Vegetation
18.06.587 New Manufactured Home
18.06.588 No Net Loss
18.06.589 Nonconforming Use, Shoreline
18.06.590 Nonconforming Use
18.06.591 Non -Water -Oriented Uses
18.06.592 Office
18.06.593 Open Record Appeal
18.06.594 Open Record Hearing
18.06.595 Open Space
18.06.600 Open Space Tract
18.06.605 Ordinary High Water Mark
18.06.607 Overwater Structure
18.06.610 Parcel
18.06.611 Park and Ride
18.06.613 Parking, Commercial
18.06.615 Parking Space
18.06.617 Pawnbroker
18.06.618 Performance Bond or Guarantee
18.06.620 Performance Standards
18.06.625 Person
18.06.627 Pervious Hard Surface
18.06.630 Plan
18.06.632 Planned Residential Development (PRD)
18.06.633 Planning Commission
18.06.635 Plat
18.06.636 Preliminary Plat
18.06.637 Principal Building
18.06.638 Private Access Road
18.06.640 Property Owner
18.06.645 Protected Tree/Protected Vegetation
18.06.650 Protection Measure
18.06.651 Protective Fencing
18.06.652 Pruning
(001) Topping
18.06.655 Public Access
18.06.656 Public Entity
18.06.657 Public Meeting
18.06.658 Public Right -of -Way
18.06.660 Rapid Charging Station
18.06.662 Reach
18.06.665 Recreation Space
18.06.670 Recreation Space, Covered
18.06.675 Recreation Space, Uncovered
18.06.676 Regional Detention Facility
18.06.677 Revetment
18.06.680 Research and Development Facility
18.06.682 Religious Facility
18.06.685 Residence
18.06.686 Residential Conversion
18.06.687 Restaurant
18.06.688 Restaurant, Fast Food
18.06.689 Right -of -Way
18.06.690 Riparian
18.06.691 River Channel
18.06.696 Riverbank Analysis and Report
18.06.697 Roadway
18.06.705 Screening
18.06.706 Secure Community Transitional Facility
18.06.707 Self Storage Facility
18.06.708 Senior Citizen Housing
18.06.735 Vehicle Service Station
18.06.740 Setbacks
18.06.745 Shelter Station
18.06.750 Shopping Center, Planned
18.06.756 Shorelands or Shoreland Areas
18.06.757 Shorelines or Shoreline Areas
18.06.758 Shoreline Jurisdiction
18.06.759 Shoreline Modifications
18.06.760 Shoreline Restoration or Ecological Restoration
18.06.761 Shoreline Stabilization
18.06.769 Short Subdivision Committee
18.06.770 Sign
18.06.775 Significant Tree
18.06.777 Significant Vegetation Removal
18.06.780 Site
18.06.781 Site Disturbance
18.06.790 Story
18.06.795 Street
18.06.800 Structure
(001) Nonconforming Structure, Shoreline
18.06.805 Structural Alteration
18.06.810 Studios
18.06.813 Subdivision
(001) Short Subdivision
(002) Long Subdivision
18.06.815 Substantial Construction
18.06.817 Substantial Development
18.06.820 Surveyor
18.06.821 Theater
18.06.822 Tow Truck Operations
18.06.829 Townhouse
18.06.830 Tract
18.06.833 Trailer Court or Park
18.06.835 Trailer, Travel
18.06.840 Transit Center
18.06.843 Transit -Oriented Development (TOD) Housing
18.06.845 Tree
(001) At -Risk Tree
(002) Crown
(003) Dead Tree
(004) Dripline
(005) Exceptional Tree
(006) Heritage Tree or Heritage Grove
96
(007) Invasive Tree
(008) Nuisance Tree
(009) Qualified Tree Professional
(010) Risk
(011) Street Tree
(012) Target or Risk Target
(013) Tree Risk Assessment
(014) Tree Risk Assessor
(015) Viable Tree
(016) Windfirm
18.06.850 Tree Clearing Permit
18.06.852 Tree Removal
18.06.854 Truck Terminal
18.06.855 Turbidity
18.06.860 Understory Vegetation
18.06.863 Usable Floor Area
18.06.864 Useable Marijuana
18.06.865 Use
18.06.870 Use, Accessory
18.06.875 Use, Conditional
18.06.880 Use, Permitted
18.06.885 Use, Primary or Principal
18.06.890 Use, Unclassified
18.06.895 Unlisted Use
18.06.900 Utilities
18.06.905 Variance
18.06.910 Vegetation
18.06.915 Vehicles
18.06.916 Warehouse
18.06.917 Water Dependent
18.06.918 Water Enjoyment
18.06.919 Water Oriented
18.06.920 Watercourse
18.06.921 Water Related
18.06.922 Wetland
18.06.924 Wetland Edge
18.06.934 Wetland, Scrub -Shrub
18.06.944 WRIA
18.06.945 Yard
18.06.950 Yard, Front
18.06.955 Yard, Rear
18.06.960 Yard, Second Front
18.06.965 Yard, Side
18.06.005 General Definitions
Except where specifically defined in this Chapter, all words used in this title shall carry their
customary meanings. Words used in the present tense include the future, and the plural includes
the singular; the word "he" or "his" shall also refer to "she" or "her," the word "shall" is always
mandatory, the word "may" denotes a use of discretion in making a decision; the words "used" or
97
"occupied" shall be considered as though followed by the words "or intended, arranged or
designed to be used or occupied."
18.06.010 Abandoned Mine Areas
"Abandoned mine areas" means those areas directly underlain by, adjacent to, or affected
by mine workings such as adits, tunnels, drifts, or air shafts.
18.06.015 Access Road
"Access road" means that portion of a driveway which provides access to one or more parking
lot or area, provides access to more than one property or lot, or may provide internal access from
one street to another. This shall not include that portion of driveways whose primary function is to
provide direct access to adjacent parking spaces and which, as a secondary function, also
provides circulation within parking areas.
18.06.016 Accessory Dwelling Unit
"Accessory dwelling unit (ADU)" means a dwelling unit located on the same lot as a single-
family housing unit, duplex, triplex, townhome, or other housing unit.
18.06.017 Adaptive Management
"Adaptive management" means the use of scientific methods to evaluate how well regulatory
and non -regulatory actions protect a critical area.
18.06.018 Adjacent
"Adjacent" means lying near or close to; sometimes, contiguous; neighboring. Adjacent
implies that the two objects are not widely separated, though they may not actually touch.
18.06.020 Adult Day Care
"Adult day care" means a facility which provides supervised daytime programs where up to
six frail and/or disabled adults can participate in social, educational, and recreational activities led
by paid staff and volunteers.
18.06.025 Adult Entertainment Establishments
A. "Adult entertainment establishments" means adult motion picture theaters, adult drive-
in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage
parlors, adult sauna parlors or adult bathhouses, which are defined as follows:
1. "Adult bathhouse" means a commercial bathhouse which excludes any person by
virtue of age from all or any portion of the premises or which provides to its patrons an opportunity
for engaging in "Specified Sexual Activities," with or without a membership fee."
2. "Adult bookstore" means a retail establishment in which:
a. 30% or more of the "stock -in -trade" consists of books, magazines, posters,
pictures, periodicals or other printed materials distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or "specified anatomical
areas"; and/or
b. Any person is excluded by virtue of age from all or part of the premises
generally held open to the public where such material is displayed or sold.
98
3. "Adult cabaret" means a commercial establishment which presents go-go dancers,
strippers, male or female impersonators, or similar types of entertainment and which excludes
any person by virtue of age from all or any portion of the premises.
4. "Adult massage parlor" means a commercial establishment in which massage or
other touching of the human body is provided for a fee and which excludes any person by virtue
of age from all or any portion of the premises in which such service is provided.
5. "Adult motion picture theater" means a building, enclosure, or portion thereof, used
for presenting material distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
6. "Adult retail store" means retail establishment in which:
a. 30% or more of the "stock -in -trade" consists of items, products or
equipment distinguished or characterized by an emphasis on or simulation of "specified sexual
activities" or "specified anatomical areas"; and/or
b. Any person is excluded by virtue of age from all or part of the premises
generally held open to the public where such items, products or equipment are displayed or sold.
7. "Adult sauna parlor" means a commercial sauna establishment which excludes
any person by virtue of age from all or any portion of the premises.
8. "Adult video store" means a retail establishment in which:
a. 30% or more of the "stock -in -trade" consists of prerecorded video tapes,
disks, or similar material distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or
b. Any person is excluded by virtue of age from all or any part of the premises
generally held open to the public where such prerecorded video tapes, disks or similar material
are displayed or sold.
B. "Specified anatomical areas" means:
1. Less than completely and/or opaquely covered human genitals, pubic region,
buttock, or female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state even if completely or opaquely
covered.
C. "Specified sexual activities" means:
1. Acts of human masturbation, sexual intercourse or sodomy; or
2. Fondling or other erotic touching of human genitals, pubic region, buttock or female
breast; or
3. Human genitals in a state of sexual stimulation or arousal.
D. "Stock -in -trade" means:
1. The dollar value of all products, equipment, books, magazines, posters, pictures,
periodicals, prerecorded video tapes, discs, or similar material readily available for purchase,
rental, viewing or use by patrons of the establishment, excluding material located in any storeroom
or other portion of the premises not regularly open to patrons; or
2. The number of titles of all products, equipment, books, magazines, posters,
pictures, periodicals, other printed materials, prerecorded video tapes, discs, or similar material
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readily available for purchase, rental, viewing or use by patrons of the establishment, excluding
material located in any storeroom or other portion of the premises not regularly open to patrons.
18.06.030 Airports
"Airports" means any area of land that is used or intended for the landing and takeoff of
aircraft, any appurtenant areas that are used or intended for airport buildings or other airport
facilities or rights -of -way, and all airport buildings and facilities.
18.06.035 Alley
"Alley" means a public thoroughfare or way usually having a width of not more than 20 feet
which affords only a secondary means of access to abutting property and is not intended for
general traffic circulation.
18.06.036 Alteration
"Alteration" means any human -induced change in an existing condition of a critical area or
its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging,
clearing of vegetation, construction, compaction, excavation, or any other activity that changes
the character of the critical area.
18.06.037 Amusement Device
"Amusement device" means a structure such as a ferris wheel, roller coaster or climbing wall.
18.06.045 Applicant
"Applicant" means a property owner or a public agency or public or private utility which owns
a right-of-way or other easement, or has been adjudicated the right to an easement pursuant to
RCW 8.12.090, or any person or entity designated in writing by the property or easement owner
to be the applicant for a project permit, and who requests approval for a project permit.
18.06.048 Appurtenance
"Appurtenance" means a structure that is necessarily connected to the use and enjoyment
of a single family residence, including a garage, deck, driveway, utilities, fences, installation of a
septic tank and drain field and grading that does not exceed 250 cubic yards and which does not
involve placement of fill in any wetland or waterward of the ordinary high water mark (WAC 173-
27-040 (2) (g)).
18.06.050 Area, Site
"Site area" means the total two-dimensional horizontal area within the property lines
excluding external streets.
18.06.055 Areas of Potential Geologic Instability
"Areas of potential geologic instability" means those areas subject to potential landslides
and/or potential seismic instabilities.
18.06.056 Armoring
"Armoring" means the control of shoreline erosion with hardened structures, such as
bulkheads, sea walls, and riprap.
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18.06.058 Assisted Living Facility
"Assisted Living Facility" means a facility that is licensed by the Department of Social and
Health Services pursuant to RCW 18.20 as currently defined or as may be thereafter amended.
This definition does not include "diversion facility" or "diversion interim services facility."
18.06.059 Bank
"Bank" means the rising ground bordering a water body and forming an edge or slope.
18.06.060 Basement
"Basement" means that portion of a building between floor and ceiling which is all or partly
below grade. If the finished floor level directly above a basement is more than two feet above
grade for more than 20% of the total perimeter or is twelve feet above grade as defined at any
point, such basement shall be considered as a story.
18.06.061 Battery Charging Station
"Battery charging station" means an electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric vehicles and that meets or
exceeds any standards, codes, and regulations set forth by RCW 19.28 and is consistent with
rules adopted under RCW 19.27.540.
18.06.062 Battery Exchange Station
"Battery exchange station" means a fully automated facility that will enable an electric vehicle
with a swap -able battery to enter a drive lane and exchange the depleted battery for a fully
charged battery through a fully automated process that meets or exceeds any standards, codes,
and regulations set forth by RCW 19.27 and is consistent with rules adopted under RCW
19.27.540.
18.06.063 Bed -and -Breakfast Lodging
"Bed -and -breakfast" means an owner -occupied dwelling unit that contains guest rooms
where lodging is provided for compensation.
18.06.064 Best Available Science
"Best Available Science" means that scientific information applicable to the critical area
prepared by appropriate local, state or federal agencies, a qualified scientist or team of qualified
scientists, which will be consistent with the criteria established in WAC 365-195-900 through WAC
365-195-925. Characteristics of a valid scientific process will be considered to determine whether
information received during the permit review process is reliable scientific information. A valid
scientific process includes some or all of the following characteristics:
1. Peer reviewed research or background information.
2. Study methods clearly stated.
3. Conclusions based on logical assumptions.
4. Quantitative analysis.
5. Proper context is established.
6. References are included that cite relevant, credible literature and other pertinent
information.
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18.06.065 Best Management Practices
"Best management practices (BMPs)" means conservation practices and management
measures which serve to protect trees, including the following practices:
1. Avoiding physical damage to tree trunk, branches, foliage and roots;
2. Restricting the movement, operation, and location of construction materials and
equipment to avoid the area under a tree canopy;
3. Minimizing adverse changes in drainage conditions around tree roots;
4. Minimizing adverse changes to the chemical, physical, structural, and organic
characteristics of soil around tree roots;
5. Those conservation practices defined by the State of Washington Department of
Agriculture, Washington State Department of Ecology, and International Society of Arborists as
intended to protect trees.
18.06.066 Binding Site Improvement Plan
"Binding Site Improvement Plan" means an improvement plan processed in accordance with
TMC 17.16, which is legally binding on the land owner, his heirs, successors and assigns.
18.06.070 Bioengineering
"Bioengineering" means integrating living woody and herbaceous materials with organic
(plants, wood, jute mats, coir logs, etc) and inorganic materials (rocks, soils) to increase the
strength and structure of the soil along a riverbank, accomplished by a dense matrix of roots that
hold the soil together. The above -ground vegetation increases the resistance to flow and reduces
flow velocities by dissipating energy.
18.06.072 Block
"Block" means a group of lots, tracts or parcels, which have been subdivided, and are entirely
surrounded by highways or streets or in part by a well-defined or fixed boundary.
18.06.073 Boarding House
"Boarding house" means a residential building or use which provides housing on a short term
commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels
and motels, extended -stay hotels or motels, shelters, and facilities which provide short- or long-
term care for tenants suffering from physical, mental or other disabilities.
18.06.074 Brew Pub
"Brew pub" means a restaurant -type establishment that meets the following criteria:
1. Sells beer for consumption on site and sale in sealed containers;
2. Restaurant portion can be no larger than 8,000 square feet;
3. Produces beer in batch sizes not less than seven U.S. barrels (thirty one gallons);
4. Produces no more than 2,000 barrels of beer per year;
5. The brew house is enclosed with an air treatment system;
6. Revenue from food sales must comprise at least 60% of total business revenues
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18.06.075 Buffer
"Buffer" means an area separating two different types of uses or environments for the
purpose of reducing incompatibilities between them, or reducing the potential adverse impacts of
one use or environment upon the other.
18.06.080 Building
"Building" means a structure as defined in this definitions chapter. When a total structure is
separated by division walls without openings, each portion so separate shall be considered a
separate building.
18.06.085 Building, Accessory
"Accessory building" means a subordinate building, the use of which is incident to the use of
the main building on the same lot.
18.06.090 Building Area
"Building area" means the total ground coverage of a building or structure which provides
shelter, measured from the outside of its external walls or supporting members or from a point
four feet in from the outside edge of a cantilevered roof.
18.06.095 Building, Detached
"Detached building" means a building surrounded on all sides by open space.
18.06.097 Building Footprint
"Building footprint" means the square footage contained within the foundation perimeter of
all structures located on a lot, plus overhangs projecting in excess of 18 inches, but excluding
decks less than 18 inches above grade.
18.06.100 Building Height
"Building height" means the height of a building as calculated by the method in the
Washington State Building Code.
18.06.105 Building Line
"Building line" means the line of face or corner of part of a building nearest the property line.
18.06.110 Building, Nonconforming
"Nonconforming building" means a building or structure which does not conform in its
construction, area, yard requirements or height to the regulations of the district in which it is
located.
18.06.115 Building Permit
"Building permit" means a permit for construction in accordance with specific approved plans
that are on file with the Department.
18.06.118 Bulk Retail
"Bulk retail" is a business or store that specializes in the sale of large goods, requiring large
on -site storage. Bulk retail is further distinguished by a lower trip generation rate than other retail
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stores, as evidenced by a traffic study or other appropriate analysis. Examples include furniture
stores, appliance stores and other uses as approved by the Director.
18.06.119 Bulkhead
"Bulkhead" means vertical structures erected parallel to and near the ordinary high water
mark for the purpose of protecting adjacent uplands from erosion from the action of waves or
currents.
18.06.120 Bus Station
"Bus station" means a facility providing connections between buses serving different inter-
city routes.
18.06.125 Caliper
"Caliper" means the AmericanHort accepted standard for measurement of trunk size of
nursery stock. Caliper of the trunk for new trees shall be taken six inches above the ground for up
to and including four -inch caliper size trees, and 12 inches above ground for larger size trees.
18.06.130 Canopy
"Canopy" means an area encircling the base of a tree, the minimum extent of which is
delineated by a vertical line extending from the outer limit of a tree's branch tips down to the
ground.
18.06.135 Canopy Cover
"Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal
extent of the canopy of all trees on a site. When a tree trunk straddles a property line, 50% of the
canopy shall be counted towards each property. The canopy coverage of immature trees and
newly planted trees is determined using the projected canopy areas in the City of Tukwila's
Recommended Tree List.
18.06.137 Cargo Container
"Cargo container" means a standardized, reusable vessel that was:
1. Originally, specifically or formerly designed for or used in the packing, shipping,
movement or transportation of freight, articles, goods or commodities; and/or,
2. Designed for or capable of being mounted or moved on a rail car; and/or
3. Designed for or capable of being mounted on a chassis or bogie for movement by truck
trailer or loaded on a ship.
18.06.140 Certified Arborist
See "Qualified Tree Professional"'.
18.06.142 Charging Levels
"Charging levels" means the standardized indicators of electrical force, or voltage, at which
an electric vehicle's battery is recharged. The terms "Level 1, 2, and 3" are the most common EV
charging levels and include the following specifications:
1. Level 1 is considered slow charging.
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2. Level 2 is considered medium charging.
3. Level 3 is considered fast or rapid charging.
18.06.143 Channel Migration Zone
"Channel migration zone" means the area along a river within which the channel(s) can be
reasonably predicted to migrate over time as a result of natural and normally occurring
hydrological and related processes when considered with the characteristics of the river and its
surroundings.
18.06.145 Clearing
"Clearing" means removal or causing to be removed, through either direct or indirect actions,
any vegetation from a site. Actions considered to be clearing include, but are not limited to,
causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity;
and/or any filling, excavation, grading, or trenching in the root area of a tree which has the
potential to cause irreversible damage to the tree.
18.06.150 Clinic, Outpatient Medical
"Clinic, Outpatient Medical" means a building designed and used for the medical, dental and
surgical diagnosis and treatment of patients under the care of doctors and nurses and/or
practitioners and does not include overnight care facilities. This category does not include
diversion facility or diversion interim services facility.
18.06.152 Closed Record Appeal
"Closed record appeal" means a quasi-judicial appeal to a hearing body designated by this
chapter from a decision regarding a project permit application that was made after an open record
hearing. Testimony and submission of relevant evidence and information shall not be permitted
at a hearing on such an appeal.
The hearing on such an appeal shall be limited to argument based on the testimony, evidence
and documents submitted at the open record hearing conducted on the project permit application.
18.06.155 Club
"Club" means an incorporated or unincorporated association of persons organized for a
social, education, literary or charitable purpose.
18.06.160 Commercial Laundries
"Commercial laundries" means an establishment where textiles are washed for commercial,
industrial, and institutional entities not located on the same site.
18.06.165 Comprehensive Plan
"Comprehensive Plan" means the adopted City of Tukwila Comprehensive Plan.
18.06.170 Continuing Care Retirement Community
"Continuing care retirement community" means housing planned and operated to provide a
continuum of accommodations and services for seniors including, but not limited to, at least two
of the following housing types: independent living, congregate housing, assisted living, and skilled
nursing care.
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18.06.172 Contractor Storage Yards
"Contractor storage yards" means storage yards operated by, or on behalf of, a contractor
for storage of large equipment, vehicles, or other materials commonly used in the individual
contractor's type of business; storage of scrap materials used for repair and maintenance of
contractor's own equipment; and buildings or structures for uses such as offices and repair
facilities.
18.06.173 Convalescent/Nursing Home
"Convalescent/nursing home" means a residential facility, such as a hospice, offering 24-
hour skilled nursing care for patients suffering from an illness, or receiving care for chronic
conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional
facilities. Care may include in -patient administration of special diets, bedside nursing care and
treatment by a physician or psychiatrist. The stay in a convalescent/nursing home is in excess of
24 consecutive hours. This category does not include diversion facility or diversion interim
services facility.
18.06.175 Cooperative Parking Facility
"Cooperative parking facility" means an off-street parking facility shared by two or more
buildings or uses.
18.06.178 Correctional Institution
"Correctional institution" means public and private facilities providing for:
1. the confinement of adult offenders; or
2. the incarceration, confinement or detention of individuals arrested for or convicted of
crimes whose freedom is partially or completely restricted other than a jail owned and operated
by the City of Tukwila; or
3. the confinement of persons undergoing treatment for drug or alcohol addictions whose
freedom is partially or completely restricted; or
4. transitional housing, such as halfway houses, for offenders who are required to live in
such facilities as a condition of sentence or release from a correctional facility, except secure
community transitional facilities as defined under RCW 71.09.020.
18.06.180 Coverage
"Coverage" means the percentage of the area of a lot which is built upon or used for business
or commercial purposes.
18.06.181 Critical Root Zone
"Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk
that is equal to one foot for every inch of trunk diameter measured at four and one-half feet from
grade (DBH) or otherwise determined by a Qualified Tree Professional. Example: A 24-inch
diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be
48 feet in diameter.
18.06.182 Critical Areas
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"Critical areas" means wetlands, watercourses, areas of potential geologic instability (other
than Class I areas), abandoned coal mine areas, fish and wildlife habitat conservation areas, and
special hazard flood areas.
(001) Critical Area Buffer
"Critical area buffer" means an area lying adjacent to but outside a critical area as
defined by this Title, whose function is to protect critical areas from the potential adverse impacts
of development, land use, or other activities. A wetland or watercourse critical area buffer also
provides critical habitat value, bank stabilization, or water overflow area functions.
(007) Critical Areas Ordinance
"Critical Areas Ordinance" means the Environmentally Critical Areas chapter of this title
or as amended hereafter which establishes standards for land development on lots with critical
areas (e.g. steep slopes, wetlands, watercourses, etc.).
(010) Critical Area Regulated Activities
"Critical area regulated activities" means any of the following activities that are directly
undertaken or originate in a regulated wetland or watercourse or their buffers:
1. Removal, excavation, grading or dredging of soil, sand, gravel, minerals, organic
matter or material of any kind;
2. Dumping, discharging or filling with any material;
3. Draining, flooding or disturbing the water level or water table;
4. Driving of pilings;
5. Placing of obstructions;
6. Construction, reconstruction, demolition or expansion of any structure;
7. Destruction or alteration of wetlands, watercourses or their buffers through
clearing, harvesting, shading, intentional burning or planting of vegetation that would alter the
character of a regulated wetland, watercourse or buffer, provided that these activities are not part
of a forest practice governed under RCW 76.09 and its rules; or
8. Activities that result in a significant change to the water sources of wetlands or
watercourses. These alterations include a significant change in water temperature; physical or
chemical characteristics, including quantity; and the introduction of pollutants.
(013) Critical Area Tract or Easement
"Critical area tract or easement" means a tract or portion of a parcel that is created to
protect the critical area and its buffer, whose maintenance is assured, and which is recorded on
all documents of title of record for all affected lots and subsequent owners.
18.06.183 Cul-de-Sac
"Cul-de-sac" means a street having one end open to traffic and being terminated at the other
end by a circular vehicular turn -around.
18.06.185 Curb -Cut
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"Curb -cut" means a depression in the roadside curb for driveway purposes which provides
access to a parking space on private premises from a public street.
18.06.190 Dangerous Waste
"Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-
303-103 as dangerous waste.
18.06.195 Day Care Center
"Day care center" means a state licensed agency which regularly provides care for a group
of children during part of the 24-hour day.
18.06.196 Daylighting
"Daylighting" means removing piped sections of a watercourse to create open channels for
watercourse conveyance.
18.06.198 Dedication
"Dedication" means a deliberate appropriation of land by its owner for any general and public
uses, reserving to himself no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted.
18.06.199 Defective Tree
"Defective Tree" means a tree that meets all of the following criteria:
1. A tree with a combination of structural defects and/or disease that makes it subject to a
high probability of failure; and
2. A tree in proximity to moderate to high frequency targets (persons or property that can
be damaged by tree failure); and
3. The hazard condition of the tree cannot be lessened with reasonable and proper
arboricultural practices nor can the target be removed.
18.06.200 Density Transfer
"Density transfer" means a percentage number which represents a credit for housing units
which are not allowed to be built in wetlands, watercourses or their buffers. The density transfer
is used in a formula for determining the number of residential units allowed on the buildable portion
of a lot containing wetlands, watercourses and their buffers.
18.06.202 Department
"Department" means the Department of Community Development, unless otherwise stated
18.06.203 Design Criteria
"Design criteria" explains mandatory design requirements for development proposals subject
to design review. They are the decision criteria by which the Director decides whether to approve,
condition or deny a project.
18.06.204 Design Guidelines
"Design guidelines" consist of advisory or recommended descriptions and illustrations that
augment each design criteria, and provide guidance to the project applicant developing the
project, to City staff in reviewing a project proposal, and to the Director in determining whether
the project meets the design criteria.
18.06.205 Designated Facility Zone
"Designated facility zone" means a zoning district in which hazardous waste treatment and
storage facilities are allowed uses, subject to the State siting criteria designated in RCW 70.105.
18.06.208 Detached Zero -Lot -Line Units
"Detached zero -lot -line units" means a development pattern of detached dwelling units
constructed immediately adjacent to one side lot line (i.e., no side yard setback), coupled with an
easement on the adjacent lot in order to maintain separation between structures. The easement
will provide access rights for maintenance purposes, and help preserve privacy and usable yard
space.
18.06.210 Development
"Development" means the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure that requires a building permit.
18.06.215 Development Area
"Development area" means the impervious surface area plus 75% of any area of pervious
hard surface.
18.06.216 Development Permit
"Development permit" means a permit for development in accordance with specific approved
plans that are on file with the Department.
18.06.217 Development, Shoreline
"Development, shoreline" means, when conducted within the Shoreline Jurisdiction on
shorelands or shoreland areas as defined herein, a use consisting of the construction or exterior
alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or
minerals; construction of bulkheads; driving of piling; placing of obstructions; or any project of a
permanent or temporary nature that interferes with the normal public use of the waters overlying
lands subject to the Shoreline Management Act at any stage of water level. "Development,
Shoreline" does not include dismantling or removing structures if there is no other associated
development or re -development.
18.06.220 Diameter at Breast Height (DBH)
"Diameter at Breast Height (DBH)" means the diameter of existing trees measured four and
one-half feet above the ground.
18.06.222 Dike
"Dike" means an embankment or structure built in the river channel to contain or redirect flow
within the channel and prevent shoreline destabilization.
18.06.225 Director
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"Director" means the Director of the Department of Community Development, unless
otherwise stated.
18.06.230 District
"District" means an area or district accurately defined as to boundaries and location on the
official zoning map (Figure 18-10) and within which district only certain types of land uses are
permitted.
18.06.232 District, Overlay
"District, overlay" means a set of zoning requirements that is described in the title text,
mapped, and is imposed in addition to those of the underlying district
18.06.234 Diversion Facility
"Diversion facility" is a facility that provides community crisis services, which diverts people
from jails, hospitals or other treatment options due to mental illness or chemical dependency,
including those facilities that are considered "Triage facilities" under RCW 71.05.020 (43) and
those facilities licensed as crisis stabilization units by the State of Washington.
18.06.235 Diversion Interim Services Facility
"Diversion interim services facility" is a facility that provides interim or respite services, such
as temporary shelter, medical mental health treatment, case management or other support
options such as transportation arrangements for patients who are referred to such a facility from
a diversion facility.
18.06.237 Dormitory
"Dormitory" means a residential building or use which provides housing for students attending
an affiliated school or housing for members of a religious order. Dormitories may include kitchens,
cafeterias, meeting rooms, laundry rooms and other accessory facilities to serve the residents of
the facility.
18.06.240 Driveway
"Driveway" means a private road giving access from a public way to a building or abutting
grounds.
18.06.242 Durable Uniform Surface
"Durable uniform surface" means a durable uniform surface approved for the storage of
vehicles by the City and consists of:
1. Permeable pavement, such as grasscrete, porous pavers, permeable asphalt; or
2. Three inches of 3/8" to 1-1/4" crushed porous aggregate consisting of open -graded top
course, base course, or similar material with 35-40% porosity. Mud or other fine materials should
be prevented from working their way to the surface by the installation of a geotextile fabric, quarry
spalls, or other approved materials below the porous aggregate; or
3. Concrete (4" minimum Portland cement concrete) over gravel section as described
above and sloped to drain to prevent drainage impacts; or
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4. Blacktop (2" minimum asphalt concrete pavement) over gravel section as described
above and sloped to drain to prevent drainage impacts; or
5. Any other configuration of materials approved by the City that maintains a durable
uniform surface and prevents drainage impacts.
18.06.245 Dwelling, Manufactured Home or Mobile Home
"Manufactured home dwelling" means a single-family dwelling required to be built in accordance
with the regulations adopted under the National Manufactured Housing Construction and Safety
Standards Act of 1974
18.06.246 Dwelling, Mobile Home
"Dwelling, mobile home" means a factory -built dwelling constructed before June 15, 1976, to
standards other than the National Manufactured Housing Construction and Safety Standards Act
of 1974 and acceptable under applicable State codes in effect at the time of construction or
introduction of the home into this state.
18.06.247 Dwelling, Multi -Family
"Multi -family dwelling" means a building designed to contain two or more dwelling units.
Duration of tenancy in multi -family dwellings is not less than one month.
18.06.248 Dwelling, Single -Family
"Single-family dwelling" means a building, modular home or new manufactured home,
designed to contain no more than one dwelling unit plus two accessory dwelling units.
18.06.249 Dwelling Unit
"Dwelling unit" means the whole of a building or a portion thereof providing complete
housekeeping facilities for a group of individuals living together as a single residential community,
with common cooking, eating and bathroom facilities, other than transitory housing or correctional
facilities as defined in this code, which is physically separated from any other dwelling units which
may be in the same structure.
18.06.250 Ecological/Ecosystem Functions (or Shoreline Functions)
"Ecological/ecosystem functions (or shoreline functions)" means the work performed or role
played by the physical, chemical, and biological processes that contribute to the maintenance of
the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See
WAC 173-26-200 (2)(c).
18.06.252 Ecosystem -Wide Processes
"Ecosystem -wide processes" means the suite of naturally occurring physical and geologic
processes of erosion, transport, and deposition; and specific chemical processes that shape
landforms within a specific shoreline ecosystem and determine both the types of habitat and the
associated ecological functions.
18.06.255 Emergency Housing
"Emergency housing" shall have the meaning listed in RCW 36.70A.030.
(001) Emergency Shelter
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"Emergency shelter" shall have the meaning listed in RCW 36.70A.030.
(002) Permanent Supportive Housing
"Permanent supportive housing" shall have the meaning listed in RCW 36.70A.030.
(003) Transitional Housing
"Transitional housing" means a facility that provides housing, case management, and
supportive services to homeless persons or families and that has as its purpose facilitating the
movement of homeless persons and families into independent living.
(004) Domestic Shelter
"Domestic Shelter" means a one- or two -unit residential building providing housing on a
short-term basis for victims of abuse and their dependents (children under the age of 18).
18.06.258 Electric vehicle
"Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical
energy from the grid, or an off -board source, that is stored on -board for motive purpose. "Electric
vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a
neighborhood electric vehicle; and (4) a medium -speed electric vehicle.
18.06.259 Electric Vehicle Charging Station
"Electric vehicle charging station" means a public or private parking space that is served by
battery charging station equipment that has as its primary purpose the transfer of electric energy
(by conductive or inductive means) to a battery or other energy storage device in an electric
vehicle.
18.06.260 Electric Vehicle Charging Station -Restricted
"Electric vehicle charging station —restricted" means an electric vehicle charging station that
is (1) privately owned and has restricted access (e.g., single-family home, executive parking,
designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no
access to the general public).
18.06.261 Electric Vehicle Charging Station -Public
"Electric vehicle charging station —public" means an electric vehicle charging station that is
(1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on -
street parking) or (2) privately owned and publicly available (e.g., shopping center parking, non -
reserved parking in multi -family parking lots).
18.06.262 Electric Vehicle Infrastructure
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary and
integral to support an electric vehicle, including battery charging stations, rapid charging stations,
and battery exchange stations.
18.06.263 Electric Vehicle Parking Space
"Electric vehicle parking space" means any marked parking space that identifies the use to
be exclusively for the parking of an electric vehicle.
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18.06.264 Engineer, Geotechnical
"Geotechnical engineer" means a professional engineer who can document at least four
years of employment as a professional engineer in the field of geotechnical engineering.
18.06.266 Engineer, Professional
"Professional engineer" means an engineer licensed in the State of Washington.
18.06.268 Engineering, Geotechnical
"Geotechnical engineering" means the application of civil engineering technology that
combines the basic physical sciences, geology and pedology, with hydraulic, structural,
transportation, construction, and mining engineering as each relates to the natural materials found
at or near the earth's surface (soils and rock). Geotechnical engineering includes:
1. Soils mechanics: kinematics, dynamics, fluid mechanics, and mechanics of material
applied to soils in order to build with or on soils.
2. Foundation engineering: applied geology, soil mechanics, rock mechanics, structural
engineering to design, and construction of civil engineering and other structures. Evaluate
foundation performance (static and dynamic loading), stability of natural and excavated slopes,
stability of permanent and temporary earth -retaining structures, construction problems, control of
water movement and soil pressures, maintenance and rehabilitation of old buildings.
3. Rock engineering: buildings, dams, deep excavations, tunnels.
18.06.269 Environment Designation
"Environment designation" means the term used to describe the character of the shoreline in
Tukwila based upon the recommended classification system established by WAC 173-26-211
and as further refined by Tukwila's Shoreline Master Program (SMP).
18.06.270 Essential Public Facility
"Essential public facility" means a facility which provides a basic public service, provided in
one of the following manners: directly by a government agency, by a private entity substantially
funded or contracted for by a government agency, or provided by a private entity subject to public
service obligations (i.e., private utility companies which have a franchise or other legal obligation
to provide service within a defined service area). This does not include facilities that are operated
by a private entity in which persons are detained in custody under process of law pending the
outcome of legal proceedings.
18.06.280 Essential Use
"Essential use" means that use for the preservation or promotion of which the use district
was created and to which all other permitted uses are subordinate.
18.06.283 Essential Utility
"Essential utility" means a utility facility or utility system where no feasible alternative location
exists based on an analysis of technology and system efficiency.
18.06.285 Essential Street, Road, or Right -of -Way
"Essential street, road, or right-of-way" means a street, road or right-of-way where no feasible
alternative location exists based on an analysis of technology and system efficiency.
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18.06.287 Extended -Stay Hotel or Motel
"Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of
which contain independent provisions for living, eating and sanitation including, but not limited to,
a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and
are specifically constructed, kept, used, maintained, advertised and held out to the public to be a
place where temporary residence is offered for pay to persons for a minimum stay of more than
30 days and a maximum stay of six months per year. Extended -stay hotels or motels shall not
include dwelling units, as defined in this section, for permanent occupancy. The specified units
for extended -stay must conform to the required features, building code, and fire code provisions
for dwelling units as set forth in this code. Nothing in this definition prevents an extended -stay unit
from being used as a hotel or motel unit. Extended -stay hotel or motels shall be required to meet
the hotel/motel parking requirements. Not included are institutions housing persons under legal
restraint or requiring medical attention or care.
18.06.290 Extremely Hazardous Waste
"Extremely hazardous waste" means those solid wastes designated in WAC 173-303-070
through 173-303-103 as extremely hazardous waste.
18.06.300 Family Child Care Home
"Family child care home" means a "family day-care provider" as defined in RCW 74.15.020:
a state -licensed facility in the family residence of the licensee providing regularly scheduled care
for 12 or fewer children, including children who reside at the home, within an age range of birth
through 11 years, exclusively for periods less than 24 hours per day. An off-street parking space
shall be made available for any non-resident employee.
18.06.305 Feasible
"Feasible" means, for the purpose of the Shoreline Master Program, that an action such as
a development project, mitigation, or preservation requirement, meets all of the following
conditions:
1. The action can be accomplished with technologies and methods that have been used in
the past in similar circumstances, or studies or tests have demonstrated in similar circumstances
that such approaches are currently available and likely to achieve the intended results;
2. The action provides a reasonable likelihood of achieving its intended purpose; and
3. The action does not physically preclude achieving the project's primary intended legal
use.
In cases where these guidelines require certain actions unless they are infeasible, the burden
of proving infeasibility is on the applicant. In determining an action's infeasibility, the reviewing
agency may weigh the action's relative public costs and public benefits, considered in the short -
and long-term time frames.
18.06.310 Fence
"Fence" means a wall or barrier for the purpose of enclosing space, separating parcels of
land or acting as a screen or protective barrier.
18.06.315 Filling
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"Filling" means the act of transporting or placing (by any manner or mechanism) fill material
from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including
temporary stockpiling of fill material).
18.06.318 Final Plat
"Final plat" means the final drawing of the subdivision and dedication prepared for filing for
record with the King County Department of Executive Services, and containing all elements and
requirements set forth in the subdivision code.
18.06.320 Fire Lane
"Fire lane" means an aisle, lane or roadway on an improved site which is designed,
constructed and required for emergency access of fire and aid unit vehicles.
18.06.325 Floor Area
"Floor area" means the sum of the gross horizontal areas of the floors of a building or
buildings, measured from the exterior walls and from the centerline of divisions walls. Floor area
includes basement space, elevator shafts and stairwells at each floor, mechanical equipment
rooms or attic spaces with headroom of 7 feet 6 inches or more, penthouse floors, interior
balconies and mezzanines, enclosed porches, and malls. Floor area shall not include accessory
water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than
7 feet 6 inches, exterior steps or stairs, terraces, breezeways and open spaces.
18.06.330 Flood Plain
"Flood plain" means that land area susceptible to inundation with a one percent chance of
being equaled or exceeded in any given year (synonymous with 100-year flood plain). The limit
of this area shall be based upon flood ordinance regulation maps or a reasonable method that
meets the objectives of the Shoreline Management Act.
18.06.335 Flood Hazard Reduction
"Flood hazard reduction" means actions taken to reduce flood damage or hazards. Flood
hazard reduction measures may consist of nonstructural or indirect measures, such as setbacks,
land use controls, wetland restoration, dike removal, use relocation, bioengineering measures,
and storm water management programs; and of structural measures such as dikes and levees
intended to contain flow within the channel, channel realignment, and elevation of structures
consistent with the National Flood Insurance Program.
18.06.338 Floodway
"Floodway" means the area that has been established in effective federal emergency
management agency flood insurance rate maps or floodway maps. The floodway does not include
lands that can reasonably be expected to be protected from flood waters by flood control devices
maintained by or maintained under license from the federal government, the state, or a political
subdivision of the state.
18.06.340 Fraternal Organization
"Fraternal organization" means a group of people formally organized for a common interest,
usually cultural, religious or entertainment, with regular meetings, rituals and formal written
membership requirements.
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18.06.345 Garage, Private
"Private garage" means sheltered or enclosed space designed and used for the storage of
motor vehicles or boats of the residents of the premises.
18.06.353 General Retail
"General retail" is a business or a store which engages in the sale of goods and/or services
to the general public. Examples include department stores and personal service shops.
18.06.355 Geologist
"Geologist" means a person licensed to practice as a geologist in the State of Washington
who has earned a degree in geology, engineering geology, hydrogeology or one of the related
geological sciences from an accredited college or university, or a person who has equivalent
educational training and has experience as a practicing geologist.
18.06.365 Grade
"Grade" (adjacent ground elevation) means the lowest point of elevation of the finished
surface of the ground between the exterior wall of a building and a point five feet distant from said
wall, or the lowest point of elevation of the finished surface of the ground between the exterior
wall of a building and the property line, if it is less than five feet distant from said wall. In case
walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade
shall be the elevation of the sidewalk, alley or public way.
18.06.370 Grading
"Grading" means activity that results in change of the cover or topography of the earth, or
any activity that may cause erosion, including clearing, excavation, filling and stockpiling.
18.06.380 Groundcover
"Groundcover" means trees, shrubs and any other plants or natural vegetation which covers
or shades in whole or in part the earth's surface.
18.06.385 Hazardous Substance
"Hazardous substance" means any liquid, solid, gas or sludge, including any material,
substance, product, commodity or waste, regardless of quantity, that exhibits any of the
characteristics or criteria of hazardous waste as defined by WAC 173-303.
18.06.390 Hazardous Substance Processing or Handling
"Hazardous substance processing or handling" means the use, storage, manufacture,
production, or other land use activity involving hazardous substances. Hazardous substances
processing and handling activities do not include individually packaged household consumer
products or quantities of hazardous substances of less than five gallons in volume per container.
18.06.395 Hazardous Tree
See "Defective Tree."
18.06.400 Hazardous Waste
116
"Hazardous waste" means and includes all waste as defined in this definitions chapter and
all extremely hazardous waste as defined in this definitions chapter.
18.06.405 Hazardous Waste Storage
"Hazardous waste storage" means the holding of hazardous waste for a temporary period.
Accumulation of waste on the site of generation is not storage as long as the storage complies
with applicable requirements of WAC 173-303.
18.06.410 Hazardous Waste Treatment
"Hazardous waste treatment" means the physical, chemical, or biological processing of
dangerous waste to make such wastes non -dangerous or less dangerous, safer for transport, or
amenable for energy or material resource recovery.
18.06.415 Hazardous Waste Treatment and Storage Facility, Off -Site
"Off -site hazardous waste treatment and storage facility" means the treatment and storage
of hazardous wastes from generators on properties other than that on which the off -site facility is
located.
18.06.420 Hazardous Waste Treatment and Storage Facility, On -Site
"On -site hazardous waste treatment and storage facility" means the treatment and storage
of hazardous wastes generated on the same site.
18.06.430 Home Occupation
"Home occupation" means an occupation or profession which is customarily incident to or
carried on in a dwelling place, and not one in which the use of the premises as a dwelling place
is largely incidental to the occupation carried on by a resident of the dwelling place.
18.06.435 Hospital
"Hospital" means a building requiring a license pursuant to RCW 70.41 and used for the
medical and surgical diagnosis, treatment and housing of persons under the care of doctors and
nurses. Rest homes, nursing homes, convalescent homes, diversion facility/diversion interim
services facility and outpatient medical clinics are not included.
18.06.440 Hotel
"Hotel" means a building, or buildings or portion thereof, the units of which are used, rented
or hired out as sleeping accommodations only for the purpose of transitory housing. Hotel rooms
shall have their own private toilet facilities, and may or may not have their own kitchen facilities.
Hotels shall not include dwelling units, as defined in this section, for permanent occupancy. A
central kitchen, dining room and accessory shops and services catering to the general public can
be provided. No room may be used by the same person or persons for a period exceeding thirty
(30) calendar days per year. Not included are institutions housing persons under legal restraint
or requiring medical attention or care.
18.06.445 Impervious Surface
"Impervious surface" means those hard surfaces which prevent or retard the entry of water
into the soil in the manner that such water entered the soils under natural conditions prior to
development; or a hard surface area which causes water to run off the surface in greater quantities
or at an increased rate of flow from the flow present under natural conditions prior to development.
Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, compacted
surfaces or other surfaces which similarly affect the natural infiltration or runoff patterns existing
prior to development.
18.06.450 Infrastructure
"Infrastructure" means the basic installations and facilities on which the continuance and
growth of a community depend, such as roads, public buildings, schools, parks, transportation,
water, sewer, surface water and communication systems.
18.06.453 Integrated Site
"Integrated site" means a commercial or industrial zoned property for which a Binding Site
Improvement Plan is being or has been approved and recorded. The site typically contains within
it multiple tracts of land under separate leasehold or ownership, but functions as a single center.
Characteristics of an integrated site includes commonly shared access, parking, utilities, signage
and landscaping; the site is not bisected by a public or private street; and zoning and sign
regulations are applied to the entire site, as if there were no interior property lines.
18.06.454 Internet Data/Telecommunication Center
"Internet data/telecommunication center" means a secure, climate -controlled facility with
emergency backup power that contains internet data transmission and switching equipment
and/or telecommunication transmission and switching equipment. This equipment may include
computer network routers, switches and servers for one or more companies.
18.06.456 Invasive Plant and Tree List
"Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees that are
prohibited from being planted in landscaped areas subject to an approved landscape plan, and
City properties and rights -of -way.
18.06.460 Junk Yard
"Junk yard" means a lot, land or structure, or part thereof, used for the collection, storage
and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling,
storage, salvaging and sale of parts of machinery or vehicles not in running condition.
18.06.465 Kennel
"Kennel" means a place where four or more dogs or cats or any combination thereof are kept.
18.06.470 Laboratory, Medical and Dental
"Medical or dental laboratory" means premises devoted to sample testing or product
development in any branch of medicine or dentistry, including the application of scientific
principles in testing, analysis, or preparation of drugs, chemicals or other products or substances
but specifically excluding the commercial manufacturing or storage and distribution operations in
excess of 20,000 square feet of floor area.
18.06.472 Large Woody Debris (LWD)
"Large Woody Debris (LWD)" means whole trees with root wads and limbs attached, cut logs
at least 4 inches in diameter along most of their length, root wads at least 6.5 feet long and 8
118
inches in diameter. Large woody debris is installed to address a deficiency of habitat and natural
channel forming processes.
18.06.473 Land Surveyor
"Land surveyor" means an individual registered in accordance with the provisions of RCW
18.43 and licensed to perform land surveys in the State of Washington.
18.06.475 Land -Altering Activity
"Land -altering activity" means any activity that results in change of the natural cover or
topography, as defined in TMC 16.54, Land Altering.
18.06.480 Land -Altering Permit
"Land -altering permit" means a permit for land -altering activity issued by the City of Tukwila
pursuant to TMC 16.54, Land Altering.
18.06.486 Landscape Design Professional
"Landscape Design Professional" means a landscape architect licensed by the State of
Washington or an individual who has graduated from an accredited landscape design program.
18.06.490 Landscaping or Landscaped Areas
"Landscaping or landscaped areas" means natural vegetation such as trees, shrubs,
groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect
appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may
serve as bioswales to reduce storm water runoff, subject to the standards of this chapter and TMC
14.30.
(001) Mulch
"Mulch" means wood chips, bark or other organic material that covers the ground for
weed control and water retention purposes.
18.06.492 Lease
"Lease" means a contract or agreement whereby one party grants to another party general
or limited rights, title or interest in real property. This definition is intended to apply to those
agreements which are ordinarily considered "ground leases", and shall not apply to those which
are ordinarily considered "space leases."
18.06.493 Levee
"Levee" means a broad embankment of earth built parallel with the river channel to contain
flow within the channel and prevent flooding from a designated design storm.
18.06.495 Loading Space
"Loading space" means a space which is on the same site with the principal use served and
which provides for the temporary parking of a vehicle while loading or unloading merchandise,
materials or passengers.
18.06.500 Lot
119
A. "Lot" means a physically separate and distinct parcel of property which:
1. was created by subdivision or binding site plan; or
2. was bought or sold as a separately -owned parcel of property prior to the
requirement that lots be created by subdivision or binding site plan; or
3. was created by a transaction which was exempt from the requirement that lots be
created by subdivision or binding site plan.
B. "Lots" may be bought or sold as separate parcels of property, but the fact that a parcel
of property is defined as a "lot" does not necessarily mean that it may be developed as a separate
building site.
18.06.505 Lot Area
"Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of
street right-of-way, street easement, fire access roads or private access roads except, where the
private road serves four or fewer lots.
18.06.510 Lot, Corner
"Corner lot" means a lot abutting two or more streets or parts of the same street forming an
interior angle of less than 135 degrees within the lot lines.
18.06.520 Lot Depth
"Lot depth" means the mean dimension of the lot from the front street line to the rear line.
18.06.525 Lot Frontage
"Lot frontage" means that front portion of a lot nearest the street, except on a corner lot in
which case the front yard shall be considered the narrowest part of the lot that abuts a street.
18.06.530 Lot Lines
"Lot lines" means the property lines bounding the lot; except that in MDR and HDR zones,
lot lines shall also include the curbline or edge or easement, whichever provides a greater width,
of any adjacent `access roads'.
18.06.535 Lot, Interior
"Interior lot" means a lot other than a corner lot with only one frontage on a street.
18.06.538 Lot, Parent
"Parent lot" means the initial lot from which unit lots are subdivided for the exclusive use of
townhouses, cottage housing, compact single-family, zero -lot -line units, or any combination of the
above types of residential development.
18.06.540 Lot, Through
"Through lot" means a lot fronting on two streets that do not intersect on the parcel's lot lines.
18.06.543 Lot, Unit
120
"Unit lot" means one of the individual lots created from the subdivision of a parent lot for the
exclusive use of townhouses, cottage housing, compact single-family, zero -lot -line units, or any
combination of the above types of residential development.
18.06.545 Lot Width
"Lot width" means the mean horizontal distance between lot side lines.
18.06.551 Marijuana
"Marijuana" means all parts of the plant Cannabis, whether growing or not, with a THC
concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin
extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable
of germination.
18.06.552 Marijuana Processor
"Marijuana processor" means a person licensed by the state Liquor and Cannabis Board to
process marijuana, whether medical or recreational, into marijuana concentrates, useable mariju-
ana and marijuana -infused products; package and label marijuana concentrates, useable
marijuana and marijuana -infused products for sale in retail outlets; and sell marijuana
concentrates, useable marijuana and marijuana -infused products at wholesale to marijuana
retailers.
18.06.553 Marijuana Producer
"Marijuana producer" means a person licensed by the state Liquor and Cannabis Board to
produce and sell marijuana, whether medical or recreational, at wholesale to marijuana pro-
cessors and other marijuana producers.
18.06.554 Marijuana Retailer
"Marijuana retailer" means a person licensed by the state Liquor and Cannabis Board to sell
marijuana concentrates, useable marijuana, and marijuana -infused products in a retail outlet, for
either recreational or medical use.
18.06.555 Major Adjustment
"Major adjustment" means an adjustment determined by the Director as a major change in a
final development plan which changes the basic design, density, open space or other substantive
requirements or provisions.
18.06.556 Marijuana -infused Products
"Marijuana -infused products" means products that contain marijuana or marijuana extracts;
are intended for human use, whether medical or recreational; and have a THC concentration
within the limits set forth in RCW 69.50.101. The term "marijuana -infused products" does not
include either useable marijuana or marijuana concentrates.
18.06.557 Marijuana Concentrates
121
"Marijuana concentrates" is as defined under RCW 69.50.101.
18.06.560 Mall
"Mall" means an enclosed public area, typically a concourse, designed as a pedestrian
walkway along rows of shops and often set with landscaping and/or seating.
18.06.565 Manufactured/Mobile Home Park
"Manufactured/mobile home park" means a master planned development consisting of a
grouping of manufactured or mobile home dwellings, and may include park management offices
and accessory community facilities for the exclusive use of park residents, such as recreation,
laundry or storage facilities.
18.06.567 Manufacturing
"Manufacturing" is a building or group of buildings which specializes in the manufacturing of
products or in the research and testing of products. Examples include factories, testing
laboratories, creameries, bottling establishments, bakeries, canneries, printing and engraving
shops.
18.06.568 Mass Transit Facilities
"Mass transit facilities" shall include structures and infrastructure for public or private
transportation systems having established routes and schedules such as transit centers,
commuter and light rail facilities, both rail lines and stations, monorails, people movers and other
similar mass transit facilities but not including incidental improvements such as bus stops.
18.06.570 Mean High Water Mark
"Mean high water mark" means the elevation of the surface of Green River and Duwamish
River waters when the discharge rate at the U. S. Geological Survey Stream Gauging Station,
Green River near Auburn (121130), is 9,000 cfs and as determined by maps on file with the City
Clerk.
18.06.571 Mean Higher High Water (MHHW)
"Mean Higher High Water (MHHW)" means the average of the higher high water height of
each tidal day, and used in determining the ordinary high water mark for the tidally influenced
portions of the river.
18.06.575 Mining and Quarrying
"Mining and quarrying" means removal and processing of sand, gravel, rock, peat, black soil,
and other natural deposits, greater than 50,000 cubic yards cumulative.
18.06.580 Minor Adjustment
"Minor adjustment" means any change which is not determined by the Director to be a major
change.
18.06.581 Mitigation
"Mitigation" means replacing project induced critical area and buffer losses or impacts, and
includes but is not limited to the following:
122
1. Restoration: Actions performed to reestablish critical area and its buffer functional
characteristics and processes that have been lost by alterations, activities or catastrophic events
within an area that no longer meets the definition of a critical area;
2. Creation: Actions performed to intentionally establish a critical area and its buffer at a
site where it did not formerly exist;
3. Enhancement: Actions performed to improve the condition of an existing degraded
critical area or its buffer so that the functions it provides are of higher quality.
18.06.583 Modular Home
"Modular home" means a factory -built residential structure, transportable in one or more
sections, which meets the requirements of the Uniform Building Code.
18.06.585 Motel
"Motel" means a building or buildings or portion thereof, the units of which are used, rented,
or hired out as sleeping accommodations only for the purposes of transitory housing. A motel
includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar
names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms
shall have their own private toilet facilities and may or may not have their own kitchen facilities.
Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct
independent access to each rental unit. Motels shall not include dwelling units, as defined in this
section, for permanent occupancy. No room may be used by the same person or persons for a
period exceeding 30 calendar days per year. Not included are institutions housing persons under
legal restraint or requiring medical attention or care.
18.06.586 Native Vegetation
"Native vegetation" means plant species, other than noxious weeds, that are indigenous to
the coastal region of the Pacific Northwest and that reasonably could be expected to have
occurred naturally on the site.
18.06.587 New Manufactured Home
"New manufactured home" means any manufactured home required to be titled under Title
46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile
home" as defined in RCW 82.45.032(2).
18.06.588 No Net Loss
"No net loss" means a standard intended to ensure that shoreline development or uses,
whether permitted or exempt, are located and designed to avoid loss or degradation of shoreline
ecological functions that are necessary to sustain shoreline natural resources.
18.06.589 Nonconforming Use, Shoreline
"Nonconforming use, shoreline" means a use or development that was lawfully constructed
or established prior to the effective date of the Shoreline Management Act or the Shoreline Master
Program or amendments thereto, but which does not conform to present regulations or standards
of the program.
18.06.590 Nonconforming Use
123
"Nonconforming use" means the use of land which does not conform to the use regulations
of the district in which the use exists.
18.06.591 Non -Water -Oriented Uses
"Non -water -oriented uses" means those uses that are not water -dependent, water -related,
or water -enjoyment.
18.06.592 Office
"Office" is a building or a group of buildings dedicated to non -manufacturing types of work
that are for the use of employees but may or may not be for use by the general public. Examples
include services such as accounting, advertising, architectural/engineering, consulting,
information processing, legal, medical and/or dental.
18.06.593 Open Record Appeal
"Open record appeal" means a quasi-judicial appeal to a hearing body designated by this
chapter from a decision regarding a project permit application that was made without an open
record hearing. Testimony and submission of relevant evidence and information shall be
permitted at the hearing on such an appeal.
18.06.594 Open Record Hearing
"Open record hearing" means a quasi-judicial hearing conducted by a hearing body which
creates the official record regarding a permit application. Oral testimony and submission of
relevant evidence and documents shall be permitted at such a hearing.
18.06.595 Open Space
"Open space" means that area of a site which is free and clear of building and structures and
is open and unobstructed from the ground to the sky.
18.06.600 Open Space Tract
"Open space tract" means a tract that is established to preserve open space, and which is
recorded on all documents of title of record for all affected lots and subsequent owners.
18.06.605 Ordinary High Water Mark
"Ordinary High Water Mark" means the mark that will be found by examining the bed and
banks and ascertaining where the presence and action of waters (all lakes, streams, and tidal
water) are so common and usual, and so long continued in all ordinary years, as to mark upon
the soil a character distinct from that of the abutting upland, in respect to vegetation as that
condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change
thereafter in accordance with permits issued by a local government or the Department of Ecology.
In any area where the ordinary high water mark cannot be found, the ordinary high water mark
adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark
adjoining fresh water shall be the line of mean high water.
18.06.607 Overwater Structure
"Overwater structure" means any device or structure projecting over the ordinary high water
mark, including, but not limited to bridges, boat lifts, wharves, piers, docks, ramps, floats or buoys.
18.06.610 Parcel
"Parcel" means a tract or plat of land of any size which may or may not be subdivided or
improved.
18.06.611 Park and Ride
"Park and Ride" means a facility for temporarily parking automobiles, the occupants of which
transfer to public transit to continue their trips.
18.06.613 Parking, Commercial
"Commercial parking" is a use of land or structure for the parking of motor vehicles as a
commercial enterprise for which hourly, daily or weekly fees are charged.
18.06.615 Parking Space
"Parking space" means an off-street parking space which is maintained and used for the sole
purpose of accommodating a temporarily parked motor vehicle and which has access to a street
or alley.
18.06.617 Pawnbroker
"Pawnbroker" is an establishment engaged in the buying or selling of new or secondhand
merchandise and offering loans in exchange for personal property.
18.06.618 Performance Bond or Guarantee
"Performance bond or guarantee" means that security to ensure installation of certain
required improvements which may be accepted to defer those improvements when such a
deferment is warranted and acceptable to the City.
18.06.620 Performance Standards
"Performance standards" means specific criteria for fulfilling environmental goals, and for
beginning remedial action, mitigation or contingency measures, which may include water quality
standards or other hydrological, geological or ecological criteria.
18.06.625 Person
"Person" means any legal entity recognized by the State of Washington for the purpose of
assigning legal responsibility, to include - but not limited to - individuals, partnerships,
corporations, associations, commissions, boards, utilities, institutions, and estates.
18.06.627 Pervious Hard Surface
"Pervious hard surface" means permeable pavement or a green roof.
18.06.630 Plan
"Plan" means a sketch, survey or other drawing, photograph or similar document which may
be a part of the set of permit drawings or construction documents, sufficient for the Director to
make a final permit decision.
18.06.632 Planned Residential Development (PRD)
"Planned residential development (PRD)" means a form of residential development
characterized by a unified site design for a number of dwelling units, clustered buildings, common
open space, and a mix of building types. The PRD is an overlay district which is superimposed
over the underlying district as an exception to such district regulations, as processed through
procedures specified in the Planned Residential Development District chapter of this title. (See
TMC 18.46, Planned Residential Development)
18.06.633 Planning Commission
"Planning Commission" means that body as defined at TMC 2.36.
18.06.635 Plat
"Plat" means a map or representation of a subdivision, showing thereon the division of a tract
or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications.
18.06.636 Preliminary Plat
"Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing
the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be
applicable to the proposal, and other elements of a plat which shall furnish a basis for the approval
or disapproval of the application.
18.06.637 Principal Building
"Principal building" means the principal structure on a lot or building site designed or used to
accommodate the primary use to which the premises are devoted.
18.06.638 Private Access Road
"Private access road" means a minor, privately owned and maintained road which serves to
provide access to lots as authorized pursuant to TMC 17.24.030 and 17.28.050.
18.06.640 Property Owner
"Property owner" means the owner of record for a site, or his or her authorized representative.
18.06.645 Protected Tree/Protected Vegetation
"Protected tree/protected vegetation" means tree or area of understory vegetation identified
on an approved landscape plan to be retained and protected during construction.
18.06.650 Protection Measure
"Protection measure" means the practice or combination of practices (e.g. construction
barriers, protective fencing, tree wells, etc.) used to control construction or development activity,
where such activity may impact vegetation which is approved for retention in a Tree Permit.
18.06.651 Protective Fencing
"Protective fencing" means a non -flexible, temporary fence or other structural barrier installed
to prevent permitted clearing or construction activity from adversely affecting vegetation, which is
required by a Tree Permit or approved landscaping plan.
18.06.652 Pruning
126
"Pruning" means the cutting or limbing of tree or shrub branches as specified in the American
National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best
Management Practices — Tree Pruning" published by the International Society of Arboriculture.
Pruning does not include the removal of any portion of the top of the tree, sometimes referred to
as "topping".
(001) Topping
"Topping" means the inappropriate pruning practice used to reduce tree height by
cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping
does not use acceptable pruning practices as described in the American National Standards
Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree
Pruning" published by the International Society of Arboriculture, such as crown reduction, utility
pruning, or crown cleaning to remove a safety hazard, dead or diseased material.
18.06.655 Public Access
"Public access" means the ability of the general public to reach, touch or enjoy the water's
edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent
locations. Public access may be provided by an owner by easement, covenant, or similar legal
agreement of substantial walkways, corridors, parks, or other areas serving as a means of view
and/or physical approach to public waters.
18.06.656 Public Entity
"Public entity" mean any Federal, State, or local government body or agency.
18.06.657 Public Meeting
"Public meeting" means an informal meeting or workshop to provide public information
regarding a project permit application and to obtain comments about the application from the
public. The information gathered at such a meeting does not constitute part of the official record
regarding a project permit application.
18.06.658 Public Right -of -Way
"Public right-of-way" means all public streets, alleys and property granted, reserved for, or
dedicated to public use for streets and alleys, together with all public property granted, reserved
for, or dedicated to public use, including but not limited to walkways, sidewalks, trails, shoulders,
drainage facilities, bikeways and horse trails, whether improved or unimproved, including the air
rights, subsurface rights, and easements related thereto.
18.06.660 Rapid Charging Station
"Rapid charging station" means an industrial grade electrical outlet that allows for faster
recharging of electric vehicle batteries through higher power levels and that meets or exceeds
any standards, codes, and regulations set forth by RCW 19.28 and is consistent with rules
adopted under RCW 19.27.540.
18.06.662 Reach
"Reach" means a segment of a watercourse with uniform characteristics.
18.06.665 Recreation Space
127
"Recreation space" means covered and uncovered space designed and intended for active
and/or passive recreational activity including but not limited to tennis courts, swimming pools,
cabanas, playgrounds, playfields, or wooded areas, and specifically excluding any parking area,
driveway, or rockery.
18.06.670 Recreation Space, Covered
"Covered recreation space" means an area of ground covered or overlaid by an artificial or
manmade surface, such as rooftops or pavement.
18.06.675 Recreation Space, Uncovered
"Uncovered recreation space" means an area of ground characterized by a natural surface,
such as lawn, forests, or sandboxes (for children's play).
18.06.676 Regional Detention Facility
"Regional detention facility" means a stormwater detention and/or retention facility that
accepts flow from multiple parcels and/or public right-of-way. The facility may be public or private.
18.06.677 Revetment
"Revetment" means a sloping structure built to increase bank strength and protect an
embankment or shore against erosion by waves or river currents. A revetment is usually built of
rock rip -rap, wood, or poured concrete. One or more filter layers of smaller rock or filter cloth and
"toe" protection are included. A revetment typically slopes and has a rough or jagged face. The
slope differentiates it from a bulkhead, which is a vertical structure.
18.06.680 Research and Development Facility
"Research and development facility" means a use in which research and experiments leading
to the development of new products or technology are conducted. This definition includes, but is
not limited to, facilities engaged in all aspects of bio-medical research and development. This use
may be associated with, or accessory to, institutional and commercial uses such as business or
administrative offices and medical facilities.
18.06.682 Religious Facility
"Religious facility" means a facility operated for worship, prayer, meditation or similar activity
by an organization granted tax exempt status by the Federal Internal Revenue Service.
18.06.685 Residence
"Residence" means a building or structure, or portion thereof, which is designed for and used
to provide a place of abode for human beings.
18.06.686 Residential Conversion
"Residential Conversion" means the conversion of a building, or portion of a building, that is
vacant, or occupied by a nonresidential use, to a residential use.
18.06.687 Restaurant
"Restaurant" is an establishment whose principal business is the sale of foods to be eaten
on the premises, including either indoor or outdoor seating, which may also include an area
reserved for the sale of alcoholic beverages.
18.06.688 Restaurant, Fast Food
"Restaurant, fast food" means an establishment whose principal business is the sale of foods,
frozen desserts, or beverages served in or on disposable containers for consumption while seated
within the building or in a vehicle or incidentally within a designated outdoor area, or for takeout
with consumption off the premises.
18.06.689 Right -of -Way
"Right-of-way" means a right belonging to a party to pass over land of another.
18.06.690 Riparian
"Riparian" means the land along the margins of rivers and streams.
18.06.691 River Channel
"River Channel" means that area of the river lying riverward of the mean high water mark.
18.06.696 Riverbank Analysis and Report
"Riverbank analysis and report" means a scientific study or evaluation conducted by qualified
experts and the resulting report to evaluate the ground and/or surface hydrology and geology, the
geomorphology and hydraulic characteristics of the river, the affected land form and its
susceptibility to mass wasting, erosion, scouring and other geologic hazards or fluvial processes.
The report shall include conclusions and recommendations regarding the effect of the proposed
development on geologic and/or hydraulic conditions, the adequacy of the site to be developed,
the impacts of the proposed development, alternative approaches to the proposed development,
and measures to mitigate potential site -specific and cumulative geological, hydrological and
hydraulic impacts of the proposed development, including the potential adverse impacts to
adjacent and down -current properties. Geotechnical/hydrological/hydraulic reports shall conform
to accepted technical standards and must be prepared by qualified professional engineers or
geologists who have professional expertise about the regional and local shoreline geology and
processes.
18.06.697 Roadway
"Roadway" means that improved portion of a street intended for the accommodation of
vehicular traffic, generally within curb lines.
18.06.705 Screening
"Screening" means a continuous fence and/or evergreen landscaped planting that effectively
conceals the property it encloses.
18.06.706 Secure Community Transitional Facility
"Secure community transitional facility" means a secure community transitional facility as
defined under RCW 71.09.020, which defines it as "a residential facility for persons civilly
committed and conditionally released to a less restrictive alternative under this chapter. A secure
community transition facility has supervision and security, and either provides or ensures the
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provision of sex offender treatment services. Secure community transition facilities include but
are not limited to the facilities established pursuant to RCW 71.09.250 and any community -based
facilities established under this chapter and operated by the DSHS secretary or under contract
with the secretary."
18.06.707 Self -Storage Facility
"Self -Storage facility" means a building designed and used for the purpose of renting or
leasing individual indoor storage space to customers who are to have access to the space for the
purpose of storing or removing personal property on a self-service basis.
18.06.708 Senior Citizen Housing
"Senior citizen housing" is housing in a building or group of buildings with two or more
dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and
may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or
other similar activities. Such housing is further distinguished by the use of funding restrictions,
covenants between the developer, tenants, operators and/or the City or other agreements that
restrict the development to those individuals over 60 years of age. Senior Citizen Housing
strategies may include provisions for units dedicated to persons under 60 years of age that have
medical conditions consistent with definitions in the Americans with Disabilities Act; however, the
percentage of such units may not exceed 20% of the total units. These facilities may not include
populations requiring convalescent or chronic care, as defined under RCW 18.51.
18.06.735 Vehicle Service Station
"Vehicle service station" means any area of land, including structures thereon, that is used
for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories which may or
may not include washing, lubricating, tune-ups, enclosed engine repair, and other minor servicing
incidental to this use, but no painting or major repair operations.
18.06.740 Setbacks
"Setbacks" means the distances that buildings or uses must be removed from their lot lines
except that roof eaves may intrude a maximum of 24 inches into this area. A maximum 24-inch
overhang may also be allowed for portions of a building (such as a bay window) if approved as
part of design review approval where the overhang provides modulation of the facade.
18.06.745 Shelter Station
"Shelter station" means a shelter for protection from the elements for the waiting customers
of a public transportation system.
18.06.750 Shopping Center, Planned
"Planned shopping center" means a group of architecturally unified commercial
establishments built on a site which is planned, developed, owned, and managed as an operating
unit related in its location, size, and type of shops to the trade area that the unit serves. The unit
provides on -site parking in definite relationship to the types and total size of the stores.
18.06.756 Shorelands or Shoreland Areas
"Shorelands or shoreland areas" means those lands extending landward for 200 feet in all
directions as measured on a horizontal plane from the ordinary high water mark; floodways and
contiguous flood plain areas landward 200 feet from such floodways; and all wetlands and river
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deltas associated with the streams, lakes and tidal waters that are subject to the provisions of the
Shoreline Management Act.
18.06.757 Shorelines or Shoreline Areas
"Shorelines" or "Shoreline areas" means all "shorelines of the state" and "shorelands" as
defined in RCW 90.58.030.
18.06.758 Shoreline Jurisdiction
"Shoreline jurisdiction" means the channel of the Green/Duwamish River, its banks, the
upland area which extends from the ordinary high water mark landward for 200 horizontal feet on
each side of the river, floodways and all associated wetlands within its 100-year flood plain. For
the purpose of determining shoreline jurisdiction only, the floodway shall not include those lands
that have historically been protected by flood control devices and therefore have not been subject
to flooding with reasonable regularity.
18.06.759 Shoreline Modifications
"Shoreline modifications" means those actions that modify the physical configuration or
qualities of the shoreline area, through the construction or alteration of a physical element such
as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure.
"Shoreline modifications" may also include other actions, such as clearing, grading, or application
of chemicals.
18.06.760 Shoreline Restoration or Ecological Restoration
"Shoreline restoration or ecological restoration" means the re-establishment or upgrading of
impaired ecological shoreline processes, functions or habitats, including any project that is
approved by the Federal, State, King County, or City government or the WRIA 9 Steering
Committee, is intended to provide habitat restoration and where the future use of the site is
restricted through a deed restriction to prohibit non -habitat uses. This may be accomplished
through measures including, but not limited to, re -vegetation, removal of intrusive shoreline
structures and removal or treatment of toxic materials. Restoration does not imply a requirement
for returning the shoreline area to aboriginal or pre -European settlement conditions.
18.06.761 Shoreline Stabilization
"Shoreline stabilization" means actions taken to protect riverbanks or adjacent uplands from
erosion resulting from the action of waves or river currents. "Hard" structural stabilization includes
levees, bulkheads and revetments. "Soft" shoreline stabilization includes use of bioengineering
measures where vegetation, logs, and/or certain types of rock is used to address erosion control
and/or slope stability.
18.06.769 Short Subdivision Committee
The Short Subdivision Committee (SSC) shall consist of the Director of the Department of
Community Development who shall be the chair, the Public Works Director, and the Fire Chief,
or their designated representatives.
18.06.770 Sign
"Sign" means any medium, including paint on walls, merchandise, or visual communication
device, its structure and component parts, which is used or intended to be used to attract attention
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to the subject matter for advertising or identification purposes. Bulletin boards and readerboards
are considered to be signs.
18.06.775 Significant Tree
"Significant Tree" means a single-trunked tree that is six inches or more in diameter (DBH),
or a multi-trunked tree with a diameter of two inches or more on any trunk (such as willows or vine
maple).
18.06.777 Significant Vegetation Removal
"Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or
ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes
significant ecological impacts to functions provided by such vegetation. The removal of invasive
or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including
tree topping, where it does not affect ecological functions, does not constitute significant
vegetation removal.
18.06.780 Site
"Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are
proposed as the location for a development, as defined in TMC 18.06.210, or for some other
activity which requires a permit or approval pursuant to TMC Titles 16, 17 or 18.
18.06.781 Site Disturbance
"Site disturbance" means any development, construction, or related operation that could alter
the subject property, including, but not limited to, soil compaction including foot traffic; tree or
stump removal; road, driveway or building construction; installation of utilities; or grading.
18.06.790 Story
"Story" means story as defined in the Washington State Building Code.
18.06.795 Street
"Street" means a public thoroughfare which affords the principal means of access to abutting
properties. Limited access State routes such as 1-5, 1-405, or SR 518; subdivision tracts dedicated
for access; private easements for access; and streets that provide no access to abutting
properties shall be considered streets for the purposes of determining the type of lots such as
corner or through lots and their setbacks and landscape requirements.
18.06.800 Structure
"Structure" means a combination of materials constructed and erected permanently on the
ground or attached to something having a permanent location on the ground, but excluding all
forms of vehicles even though immobilized. Not included are residential fences up to six feet in
height, retaining walls or rockeries with up to four feet of exposed face, and similar improvements
of minor character.
(001) Nonconforming Structure, Shoreline
"Nonconforming Structure, Shoreline" means a structure legally established prior to the
effective date of the Shoreline Master Program, but which does not conform to present regulations
or standards of the program.
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18.06.805 Structural Alteration
"Structural alteration" means any change in load or stress of the loaded or stressed members
of a building or structure.
18.06.810 Studios
"Studios" means a building or portion of a building used as a place of work by an artist,
photographer, or artisan, or used for dance instruction.
18.06.813 Subdivision
"Subdivision" means the division or redivision of land into lots, unit lots, tracts, parcels, sites
or divisions.
(001) Short Subdivision
"Short subdivision" means the division of land into nine or less lots, unit lots, tracts,
parcels, sites or divisions.
(002) Long Subdivision
"Long subdivision" means the division or redivision of land into ten or more lots, unit lots,
tracts, parcels, sites or divisions.
18.06.815 Substantial Construction
"Substantial construction" means completion of more than 50% of the cost of work described
in specified and approved plans.
18.06.817 Substantial Development
"Substantial development" means any development of which the total cost or fair market
value exceeds $7,047.00 or any development that materially interferes with the normal public use
of the water or shorelines of the state. The dollar threshold established in this definition must be
adjusted for inflation by the Office of Financial Management every five years, beginning July 1,
2007, based upon changes in the Consumer Price Index during that time period. "Consumer Price
Index" means, for any calendar year, that year's annual average Consumer Price Index, Seattle,
Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau
of Labor and Statistics, United States Department of Labor. In accordance with WAC 173-27-040,
as it now reads and as hereafter amended, the following shall not be considered developments
which require a shoreline substantial development permit, although shall still comply with the
substantive requirements of the Shoreline Master Program:
1. Normal maintenance or repair of existing structures or developments, including repair of
damage caused by accident, fire, or elements.
2. Emergency construction necessary to protect property from damage by the elements.
3. Construction and practices normal or necessary for farming, irrigation, and ranching
activities, including agricultural service roads and utilities on shorelands, and the construction and
maintenance of irrigation structures including but not limited to head gates, pumping facilities, and
irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial
nature, and alteration of the contour of the shorelands by leveling or filling other than that which
results from normal cultivation, shall not be considered normal or necessary farming or ranching
activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding
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livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or
vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering
operations.
4. Construction or modification of navigational aids such as channel markers and anchor
buoys.
5. Construction on shorelands by an owner, lessee, or contract purchaser of a single family
residence for his own use or for the use of his or her family, which residence does not exceed a
height of 35 feet above average grade level and which meets all requirements of the state agency
or local government having jurisdiction thereof, other than requirements imposed pursuant to this
chapter.
6. Construction of a dock, including a community dock, designed for pleasure craft only,
for the private non-commercial use of the owner, lessee, or contract purchaser of single and
multiple family residences. This exception applies if either:
(a) In salt waters, the fair market value of the dock does not exceed $2,500; or
(b) in fresh waters, the fair market value of the dock does not exceed:
(1) $20,000 for docks that are constructed to replace existing docks, and are
of equal or lesser square footage than the existing dock being replaced; or
(2) $10,000 for all other docks constructed on fresh waters.
(3) However, if subsequent construction occurs within five years of completion
of the prior construction, and the combined fair market value of the subsequent and prior
construction exceeds the amount specified above, the subsequent construction shall be
considered a substantial development for the purpose of this chapter.
7. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as a part of an irrigation system
for the primary purpose of making use of system waters, including return flow and artificially stored
groundwater for the irrigation of lands.
8. The marking of property lines or corners on state owned lands, when such marking does
not significantly interfere with normal public use of the surface of the water.
9. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on September 8, 1975, which were created, developed, or utilized primarily as a part of
an agricultural drainage or diking system.
10. Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under this chapter, if:
a. The activity does not interfere with the normal public use of the surface waters;
b. The activity will have no significant adverse impact on the environment including,
but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;
c. The activity does not involve the installation of a structure, and upon completion of
the activity the vegetation and land configuration of the site are restored to conditions existing
before the activity;
d. A private entity seeking development authorization under this section first posts a
performance bond or provides other evidence of financial responsibility to the local jurisdiction to
ensure the site is restored to preexisting conditions; and
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e. The activity is not subject to the permit requirements of RCW 90.58.550 (Oil and
Natural Gas exploration in marine waters).
11. The process of removing or controlling an aquatic noxious weed, as defined in RCW
17.26.020, through the use of an herbicide or other treatment methods applicable to weed control
that are recommended by a final environmental impact statement published by the Department
of Agriculture or the department jointly with other state agencies under RCW 43.21 C.
12. Watershed restoration projects, which means a public or private project authorized by
the sponsor of a watershed restoration plan that implements the plan or a part of the plan and
consists of one or more of the following activities:
a. A project that involves less than 10 miles of stream reach, in which less than 25
cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which
no existing vegetation is removed except as minimally necessary to facilitate additional plantings.
b. A project for the restoration of an eroded or unstable stream bank that employs the
principles of bioengineering, including limited use of rock as a stabilization only at the toe of the
bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing
water.
c. A project primarily designed to improve fish and wildlife habitat, remove or reduce
impediments to migration of fish, or enhance the fishery resource available for use by all of the
citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat
enhancement structure associated with the project, is less than 200 square feet in floor area and
is located above the ordinary high water mark of the stream.
13. Watershed restoration plan, which means a plan, developed or sponsored by the
Department of Fish and Wildlife, the Department of Ecology, the Department of Natural
Resources, the Department of Transportation, a federally recognized Indian tribe acting within
and pursuant to its authority, a city, a county or a conservation district that provides a general
program and implementation measures or actions for the preservation, restoration, re-creation,
or enhancement of the natural resources, character, and ecology of a stream, stream segment,
drainage area or watershed for which agency and public review has been conducted pursuant to
the State Environmental Policy Act.
14. A public or private project that is designed to improve fish or wildlife habitat or fish
passage, when all of the following apply:
a. The project has been approved in writing by the Department of Fish and Wildlife;
b. The project has received hydraulic project approval by the Department of Fish and
Wildlife pursuant to RCW 77.55; and
c. The local government has determined the project is substantially consistent with
the local Shoreline Master Program. The local government shall make such determination in a
timely manner and provide it by letter to the project proponent.
Additional criteria for determining eligibility of fish habitat projects are found in WAC 173-27-
040 2 (p) and apply to this exemption.
15. The external or internal retrofitting of an existing structure for the exclusive purpose of
compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or to
otherwise provide physical access to the structure by individuals with disabilities.
18.06.820 Surveyor
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"Surveyor" means a person licensed by the State of Washington to engage in the practice of
land surveying, as defined by RCW 18.43.020.
18.06.821 Theater
"Theater" is a building or part of a building devoted to showing motion pictures or for dramatic,
dance, musical or other live performances.
18.06.822 Tow Truck Operations
"Tow Truck Operations" means any storage yard, building, or vehicle storage/impounding lot
for a towing business, including tow vehicles with towed vehicles attached. Tow truck operations
do not include central offices for phone dispatch if tow trucks, drivers, or impounded vehicles do
not come to the office.
18.06.829 Townhouse
"Townhouse" means a form of ground -related housing in which individual dwelling units are
attached along at least one common wall to at least one other dwelling unit. Each dwelling unit
occupies space from the ground to the roof and has direct access to private open space. No
portion of a unit may occupy space above or below another unit, except that townhouse units may
be constructed over a common shared parking garage, provided the garage is underground.
18.06.830 Tract
"Tract" means a parcel of land proposed for subdivision or a distinct parcel designated for a
specific use.
18.06.833 Trailer Court or Park
"Trailer court or park" means any area of land occupied or designed for the occupancy of two
or more travel trailers or mobile homes.
18.06.835 Trailer, Travel
"Travel trailer" means a vehicular portable structure built on a chassis, designed to be used
as a temporary dwelling for travel and recreational purposes.
18.06.840 Transit Center
"Transit center" means a location where groups of buses or other public transportation
vehicles can be brought together at the same time, allowing patrons to transfer between the
routes.
18.06.843 Transit -Oriented Development (TOD) Housing
"Transit -Oriented Development (TOD) Housing" means a multiple -unit housing or mixed -use
project including multiple -unit housing that is located near transit services and thus encourages
people to decrease their dependence on driving.
18.06.845 Tree
"Tree" means any self-supporting woody plant characterized by one main trunk or, for certain
species, multiple trunks, typically reaching 12-15 feet in height at maturity, that is recognized as
a Tree in the nursery and arboricultural industries.
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(001) At -Risk Tree
"At -Risk Tree" means a tree that is exposed to potential damage but can be retained
during construction by use of appropriate tree protection measures as prescribed by a Qualified
Tree Professional or by TMC 18.54.
(002) Crown
"Crown" means the area of a tree containing leaf- or needle -bearing branches.
(003) Dead Tree
"Dead Tree" means a tree with no live crown and no functioning vascular tissue.
(004) Dripline
"Dripline" means the distance from the tree trunk that is equal to the furthest extent of
the tree's crown or six-foot radius from the trunk of the tree, whichever is greater.
(005) Exceptional Tree
"Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For trees
with two stems, if the stems have a combined total diameter of at least 18 inches, the tree shall
be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems
have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional
Tree.
(006) Heritage Tree or Heritage Grove
"Heritage Tree" means a tree, or group of trees comprising a grove, specifically
designated by the City because of historical significance, special character, and/or community
benefit.
(007) Invasive Tree
"Invasive Tree" means a non-native tree species, which is likely to spread and disrupt
the balance of an eco-system.
(008) Nuisance Tree
"Nuisance Tree" means a tree that is causing obvious physical damage to structures
including, but not limited to, sidewalks; curbs; the surfaces of streets, parking lots, and driveways;
underground utilities; or building foundations. Nuisance Tree does not include trees that currently
meet the definition of Hazardous or Defective Tree.
(009) Qualified Tree Professional
"Qualified Tree Professional" means an individual who is a certified professional with
academic and/or field experience that makes them a recognized expert in urban forestry and tree
protection. A Qualified Tree Professional shall be a member of the International Society of
Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific
experience with urban tree management in the state of Washington. A Qualified Tree Professional
preparing tree valuations shall have the necessary training and experience to use and apply the
appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide.
(010) Risk
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"Risk" means, in the context of urban forestry and trees, the likelihood of tree failure
causing damage to a Target such as property or persons.
(011) Street Tree
"Street Tree" means a tree located within the public right-of-way, or easement for street
use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the
public right-of-way and the abutting property, it shall be considered to be on the abutting property.
(012) Target or Risk Target
"Target or Risk Target" means, as used in the context of urban forestry or trees, people,
property, or activities that could be injured, damaged, or disrupted by a tree.
(013) Tree Risk Assessment
"Tree risk assessment" means the systematic process to identify, analyze and evaluate
tree risk prepared by a Qualified Tree Professional in accordance with the latest version of the
International Society of Arboriculture (ISA) Best Management Practices Guide.
(014) Tree Risk Assessor
"Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment
Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the
likelihood of failure, estimates the consequences of tree(s) hitting a Target, and determines
options for treatment or mitigation.
(015) Viable Tree
"Viable Tree" means a Significant Tree that a Qualified Tree Professional has
determined to be in good health with a low risk of failure; is relatively Windfirm if isolated or
exposed; and is a species that is suitable for its location and is therefore worthy of long-term
retention.
(016) Windfirm
"Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree
Professional has evaluated and determined can withstand normal winter storms or surrounding
tree removal.
18.06.852 Tree Removal
"Tree Removal" means the direct or indirect removal of a tree through actions including, but
not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems;
destroying the structural integrity of trees through improper pruning, poisoning or filling;
excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent
of the tree's root system; or the removal through any of these processes of greater than 50 percent
of the live crown of the tree.
18.06.854 Truck Terminal
"Truck terminal" means land and buildings used as a relay station for the transfer of a load
from one vehicle to another or one party to another. The terminal cannot be used for permanent
or long-term storage.
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18.06.855 Turbidity
"Turbidity" means a cloudy condition in water due to the suspension of silt, finely divided
organic matter, or other pollutants.
18.06.860 Understory Vegetation
"Understory vegetation" means small trees, shrubs, and groundcover plants, growing
beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil
and hydrology of the area surrounding the significant tree roots.
18.06.863 Usable Floor Area
"Usable Floor area" means that part of the floor area of any structure which is actually used
from time to time for any commercial purposes, such as a sales area, display area, walkways or
storage area. Parking calculation shall not include common corridors designed for the circulation
of people at non -retail establishments, restrooms, elevator shafts and stairwells at each floor,
mechanical equipment rooms or attic spaces and exterior covered loading docks.
18.06.864 Useable Marijuana
"Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not
include marijuana -infused products.
18.06.865 Use
"Use" means the nature of the activities taking place on private property or within structures
thereon.
18.06.870 Use, Accessory
"Accessory use" means a use incidental and subordinate to the principal use and located on
the same lot or in the same building as the principal use.
18.06.875 Use, Conditional
"Conditional use" means an unusual and/or unique type of land use which, due to its nature,
requires special consideration of its impacts on the neighborhood and land uses in the vicinity.
18.06.880 Use, Permitted
"Permitted use" means any use authorized or permitted alone or in conjunction with any other
use in a specified district and subject to the limitation of the regulations of such use district.
18.06.885 Use, Primary or Principal
"Primary or principal permitted use" means the use for which a lot, structure or building, or
the major portion thereof, is designed or actually employed.
18.06.890 Use, Unclassified
"Unclassified use" means an unusual, large-scale, unique and/or special type of land use
which, due to its nature, requires special review of its impacts on the community and land uses in
the vicinity.
18.06.895 Unlisted Use
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"Unlisted use" means uses which are not specifically named as permitted in any use
classification contained within this title.
18.06.900 Utilities
"Utilities" means all lines and facilities related to the provision, distribution, collection,
transmission or disposal of water, storm and sanitary sewage, oil, gas, power, information,
telecommunication and telephone cable, or refuse, and includes facilities for the generation of
electricity.
18.06.905 Variance
"Variance" means an adjustment in the specific regulation of this title regarding a particular
piece of property. (See TMC 18.72, Variances)
18.06.910 Vegetation
"Vegetation" means living trees, shrubs or groundcover plants.
18.06.915 Vehicles
"Vehicles" means mechanical devices capable of movement by means of wheels, skids or
runners of any kind, specifically including, but not limited to, all forms of trailers, recreational
vehicles or mobile homes of any size whether capable of supplying their own motive power or
not, without regard to whether the primary purpose of which device is or is not the conveyance of
persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans,
recreational vehicles, trailers and mobile homes even though they may be at any time immobilized
in any way and for any period of time of whatever duration.
18.06.916 Warehouse
"Warehouse" is a building or group of buildings that are primarily for the storage of goods.
18.06.917 Water Dependent
"Water dependent" means a use or portion of a use that cannot exist in a location that is not
adjacent to the water and that is dependent on the water by reason of the intrinsic nature of its
operations. Examples of water -dependent uses include ship cargo terminal loading areas,
marinas, ship building and dry docking, float plane facilities, sewer outfalls, and shoreline
ecological restoration projects.
18.06.918 Water Enjoyment
"Water enjoyment" means a recreational use or other use that facilitates public access to the
shoreline as a primary characteristic of the use. The use must be open to the general public and
the shoreline -oriented space within the project must be devoted to the specific aspects of the use
that fosters shoreline enjoyment. Examples of water -enjoyment uses include parks, piers,
museums, restaurants, educational/scientific reserves, resorts and mixed use projects.
18.06.919 Water Oriented
"Water oriented" means a use that is water -dependent, water -related or water -enjoyment or
a combination of such uses.
18.06.920 Watercourse
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"Watercourse" means a course or route formed by nature or modified by man, generally
consisting of a channel with a bed and banks or sides substantially throughout its length along
which surface water flows naturally, including the Green/Duwamish River. The channel or bed
need not contain water year-round. Watercourses do not include irrigation ditches, stormwater
runoff channels or devices, or other entirely artificial watercourses unless they are used by
salmonids or to convey or pass through stream flows naturally occurring prior to construction of
such devices.
18.06.921 Water Related
"Water related" means a use or portion of a use that is not intrinsically dependent on a
waterfront location but whose economic viability is dependent upon a waterfront location because:
a. The use has a functional requirement for a waterfront location such as the arrival
or shipment of materials by water or the need for large quantities of water; or
b. The use provides a necessary service supportive of the water -dependent uses and
the proximity of the use to its customers makes its services less expensive and/or more
convenient.
Examples of water -related uses are warehousing of goods transported by water, seafood
processing plants, hydroelectric generating plants, gravel storage when transported by barge,
and log storage or oil refineries where transport is by tanker.
18.06.922 Wetland
"Wetland" means those areas that are inundated or saturated by groundwater or surface
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include bogs, swamps, marshes, ponds, lakes and similar areas. Wetlands do not
include those artificial wetlands intentionally created from non -wetland sites, including but not
limited to irrigation and drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, landscape amenities or those wetlands created after
July 1, 1990 that were unintentionally created as a result of the construction of a road, street or
highway. However, those artificial wetlands intentionally created from non -wetland areas to
mitigate conversion of wetlands as permitted by the City shall be considered wetlands.
18.06.924 Wetland Edge
"Wetland edge" means the delineated boundary of a wetland performed in accordance with
approved federal wetland delineation manual and current applicable regional supplements.
18.06.934 Wetland, Scrub -Shrub
"Scrub -shrub wetland" means a wetland with at least 30% of its surface area covered by
woody vegetation less than 20 feet in height as the uppermost strata.
18.06.944 WRIA
"WRIA" means Water Resource Inventory Area — river basin planning and management
areas formalized under Washington Administrative Code (WAC) 173-500-04 and authorized
under the Water Resources Act of 1971, Revised Code of Washington (RCW) 90.54. WRIA 9
refers to the Green/Duwamish River Basin within which Tukwila is located.
18.06.945 Yard
141
"Yard" means a required open space unoccupied and unobstructed by any structure or
portion of a structure from 30 inches above the general ground level of the graded lot upward.
18.06.950 Yard, Front
"Front yard" means a yard extending between side lot lines across the front of a lot. In MDR
and HDR zones, this shall also include areas adjacent to `access roads'.
18.06.955 Yard, Rear
"Rear yard" means a yard extending across the rear of the lot between inner side yard lines.
18.06.960 Yard, Second Front
"Second front yard" means any yard adjacent to a public street that is not a front yard as
defined in the Definitions chapter of this title. (See also TMC 18.50, Supplemental Development
Regulations, and Figure 18-4.)
18.06.965 Yard, Side
"Side yard" means a yard extending from the rear line of the required front yard to the rear
lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from
the intersection of the lot -line involved with the public street.
142
CHAPTER 18.14
HIGH DENSITY RESIDENTIAL
(HDR) DISTRICT
Sections:
18.14.010 Purpose
18.14.020 Land Uses Allowed
18.14.030 Recreation Space Requirements
18.14.060 Design Review
18.14.070 Basic Development Standards
18.14.010 Purpose
A. This district implements the High -Density Residential Comprehensive Plan designation,
which allows up to 22.0 dwelling units per net acre. Senior citizen housing is allowed up to 60
dwelling units per acre, subject to additional restrictions. It is intended to provide a high -density,
multiple -family district which is also compatible with commercial and office areas. Certain HDR
properties are identified as Commercial Redevelopment Areas (see Figures 18-9 or 18-10) to
encourage aggregation and redevelopment of properties that front on Tukwila International
Boulevard. Aggregation and commercial redevelopment of these sites would implement the
Pacific Highway Revitalization Plan and provide opportunities to redefine and create more uniform
borders between the commercial corridor and adjacent residential neighborhoods.
B. Certain HDR properties are located in the Urban Renewal Overlay (see Figure 18-15).
Existing zoning and development standards will remain in place. The overlay provides additional
alternate development standards that may be applied to development within the Urban Renewal
Overlay upon request of the property owner, and if the development meets certain qualifying
criteria. Urban Renewal Overlay district standards would implement the Tukwila International
Boulevard Revitalization Plan through more intensive development.
18.14.020 Land Uses Allowed
A. Refer to TMC 18.09, "Land Uses Allowed by District."
18.14.030 Recreation Space Requirements
A. In the HDR zoning district, any proposed multiple -family structure, complex or
development shall provide, on the premises and for the use of the occupants, a minimum amount
of recreation space according to the provisions of TMC 18.14.030, subparagraphs 1 through 4. In
the -ISO zone with underlying LDR zoning on land that adjoins the City of SeaTac, recreation
space shall meet the provisions of TMC 18.14.030, subparagraphs 2 through 4, in addition to the
minimum required area as specified in TMC 18.41.090.A.1.
1. Required Area.
a. For each proposed dwelling unit in the multiple -family development and detached
zero -lot -line type of development, a minimum of 400 square feet (100 square feet for senior citizen
housing) of recreation space shall be provided. Any multiple -family structure, complex or
development shall provide a minimum of 1,000 square feet of total recreation space.
b. Townhouse units shall provide at least 250 square feet of the 400 square feet of
recreation space as private, ground level open space measuring not less than 10 feet in any
dimension.
143
c. The front, side and rear yard setback areas required by the applicable zoning
district shall not qualify as recreation space. However, these setback areas can qualify as
recreation space for townhouses if they are incorporated into private open space with a minimum
dimension of 10 feet on all sides.
2. Indoor or Covered Space.
a. No more than 50°/0 of the required recreation space may be indoor or covered
space in standard multi -family developments. Senior citizen housing must have at least 20%
indoor or covered space.
b. The Director may grant a maximum of two square feet of recreation space for each
one square foot of extensively improved indoor recreation space provided. Interior facility
improvements would include a full range of weight machines, sauna, hot tub, large screen
television and the like.
3. Uncovered Space.
a. A minimum of 50% of the total required recreation space shall be open or
uncovered; up to 100% of the total requirement may be in open or uncovered recreation space in
standard multi -family developments. Senior citizen housing allows up to 80% of recreation space
to be outdoors and has no minimum outdoor space requirement.
b. Recreation space shall not exceed a 4% slope in any direction unless it is
determined that the proposed space design clearly facilitates and encourages the anticipated.
c. The Director may grant a maximum credit of two square feet of recreation space
for each one square foot of outdoor pool and surrounding deck area.
4. General Requirements.
a. Multiple -family complexes (except senior citizen housing, detached zero -lot -line
and townhouses with nine or fewer units), which provide dwelling units with two or more
bedrooms, shall provide adequate recreation space for children with at least one space for the 5-
to 12-year-old group. Such space shall be at least 25% but not more than 50% of the total
recreation space required under TMC Section 18.14.030 (1), and shall be designated, located
and maintained in a safe condition.
b. Adequate fencing, plant screening or other buffer shall separate the recreation
space from parking areas, driveways or public streets.
c. The anticipated use of all required recreation areas shall be specified and
designed to clearly accommodate that use.
18.14.060 Design Review
A. Design review is required for:
1. Multi -family structures.
2. Mobile or manufactured home parks.
3. Developments in a Commercial Redevelopment Area that propose the
uses and standards of an adjacent commercial zone.
4. Developments located within the shoreline jurisdiction, if new building
construction or exterior changes are involved and the cost of the exterior work equals or exceeds
10% of the building's assessed valuation.
(See TMC 18.60, Design Review)
144
18.14.070 Basic Development Standards
Development within the High -Density Residential District shall conform to the following listed
and referenced standards:
HDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
9,600 sq. ft. (Applied to parent lot
for townhouse subdivisions)
Lot area per unit
(multi -family, except
senior citizen housing)
2,000 sq. ft. (For townhouses the
density shall be calculated based on
one unit per 2000 sq. ft. of parent lot area. The "unit
lot" area shall be allowed to include the common
access easements.)
Average lot width
(min. 20 ft. street frontage width), minimum
60 feet
(Applied to parent lot
for townhouse subdivisions)
Setbacks, minimum: Applied to
parent lot for townhouse subdivisions
• Front - 1st floor
15 feet
• Front - 2nd floor
20 feet
•Front - 3rd floor
30 feet (20 feet for townhouses)
•Front— 4th floor
45 feet (20 feet for townhouses)
• Second front - 1st floor
7.5 feet
• Second front - 2nd floor
10 feet
• Second front - 3rd floor
15 feet (10 feet for townhouses)
• Second front — 4th floor
22.5 feet (10 feet for townhouses)
• Sides - 1st floor
10 feet
• Sides - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Sides - 3rd floor
20 feet
(30 feet if adjacent to LDR)
(10 feet for townhouses
unless adjacent to LDR)
• Sides — 4th floor
30 feet
(20 feet for townhouses
unless adjacent to LDR)
• Rear - 1st floor
10 feet
• Rear - 2nd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
• Rear - 3rd floor
20 feet
(30 feet if adjacent to LDR;
10 feet for townhouses
unless adjacent to LDR)
• Rear — 4th floor
30 feet
(20 feet for townhouses
unless adjacent to LDR)
145
Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping
requirements.
Townhouse building separation, minimum
• 1 and 2 story buildings
10 feet
• 3 and 4 story buildings
20 feet
Height, maximum
45 feet
Development area coverage
50% maximum (except senior citizen housing), (75%
for townhouses)
Recreation space
400 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space,
senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen housing)
See TMC 18.56,
Off-street Parking & Loading Regulations.
•Accessory dwelling unit
See TMC 18.50.220
• Other uses, including senior citizen housing
See TMC 18.56,
Off-street Parking & Loading Regulations
Conversion to Residential
See TMC 18.50.230, Residential Conversions
Performance Standards: Use, activity and operations within a structure or a site shall comply with (1)
standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other
airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water
quality and hazardous materials. In addition, all development subject to the requirements of the State
Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
146
CHAPTER 18.16
MIXED USE OFFICE
(MUO) DISTRICT
Sections:
18.16.010 Purpose
18.16.020 Land Uses Allowed
18.16.060 On -Site Hazardous Substances
18.16.070 Design Review
18.16.080 Basic Development Standards
18.16.010 Purpose
This district implements the Mixed -Use Office Comprehensive Plan designation which allows
up to 14.5 dwelling units per net acre. Senior citizen housing is allowed up to 60 dwelling units
per acre, subject to additional restrictions. It is intended to create and maintain areas
characterized by professional and commercial office structures, mixed with certain
complementary retail and residential uses.
18.16.020 Land Uses Allowed
Refer to TMC 18.09, "Land Uses Allowed by District."
18.16.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste treatment
and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted
use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting
criteria (RCW 70.105). (See TMC 21.08.)
18.16.070 Design Review
Design review is required for:
1. Projects located within the shoreline jurisdiction that involve new building construction
or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's
assessed valuation.
2. Commercial structures 1,500 square feet or larger outside the shoreline jurisdiction.
3. Structures containing multi -family dwellings.
4. Structures in the Tukwila International Boulevard corridor. (See TMC Figure 18-9)
5. Certain exterior repairs, reconstructions, alterations or improvements to buildings over
10,000 square feet.
(See TMC 18.60, Design Review)
18.16.080 Basic Development Standards
Development within the Mixed Use Office District shall conform to the following listed and
referenced standards. In the Tukwila International Boulevard corridor, there are circumstances
under which these basic standards may be waived (see TMC 18.60.020).
MUO BASIC DEVELOPMENT STANDARDS
Lot area per unit,
multi -family (except senior citizen housing),
minimum
3,000 sq. ft.
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50
feet of LDR, MDR, HDR
Ratio of 1.5:1 setback (for every 1.5 feet of
bldg. height, setback 1 foot from property
line) min. of 10 feet and a max. of 30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50
feet of LDR, MDR, HDR
Ratio of 1.5:1 setback (for every 1.5 feet of
bldg. height, setback 1 foot from property
line) min. of 10 feet and a max. of 30 feet
Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot
landscaping requirements.
Height, maximum
4 stories or 45 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space,
senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
148
•Residential (except senior citizen housing)
See TMC 18.56,
Off street Parking & Loading Regulations
• Office, minimum
3 per 1,000 sq. ft.
usable floor area
•Retail, minimum
2.5 per 1,000 sq. ft.
usable floor area
• Other uses, including senior citizen housing
See TMC 18.56, Off-street Parking &
Loading Regulations
Conversion to Residential
See TMC 18.50.230, Residential
Conversions
Performance Standards: Use, activity and operations within a structure or a site shall comply
with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust,
smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and
Federal standards for water quality and hazardous materials. In addition, all development
subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be
evaluated to determine whether adverse environmental impacts have been adequately
mitigated.
149
CHAPTER 18.20
RESIDENTIAL COMMERCIAL CENTER
(RCC) DISTRICT
Sections:
18.20.010 Purpose
18.20.020 Land Uses Allowed
18.20.060 On -Site Hazardous Substances
18.20.070 Design Review
18.20.080 Basic Development Standards
18.20.010 Purpose
This district implements the Residential Commercial Center Comprehensive Plan
designation which allows a maximum of 14.5 dwelling units per net acre. It is intended to create
and maintain pedestrian -friendly commercial areas characterized and scaled to serve a local
neighborhood, with a diverse mix of residential, retail, service, office, recreational and community
facility uses.
18.20.020 Land Uses Allowed
Refer to TMC 18.09, "Land Uses Allowed by District."
18.20.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste treatment
and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted
use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting
criteria (RCW 70.105).
(See TMC 21.08.)
18.20.070 Design Review
Design review is required for:
1. All new commercial and multifamily structures and
2. All projects located within the shoreline jurisdiction that involve new building construction
or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's
assessed valuation.
3. Certain exterior repairs, reconstructions, alterations or improvements to buildings over
10,000 square feet.
(See TMC 18.60, Design Review)
18.20.080 Basic Development Standards
Development within the Residential Commercial Center District shall conform to the following
listed and referenced standards:
RCC BASIC DEVELOPMENT STANDARDS
Lot area, minimum
Lot area per unit (multi -family), minimum
Setbacks to yards, minimum:
5,000 sq. ft.
3,000 sq. ft.
150
• Front
20 feet
• Second front
10 feet
• Sides
5 feet
• Sides, if any portion of the yard is within
50 feet of LDR, MDR, HDR
10 feet
• Rear
10 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and parking lot
landscaping requirements.
Height, maximum
3 stories or 35 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Off-street parking:
• Residential
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations
• Office, minimum
3 per 1,000 sq. ft.
usable floor area
• Retail, minimum
2.5 per 1,000 sq. ft.
usable floor area
• Other uses
See TMC Chapter 18.56, Off-street Parking
& Loading Regulations
Conversion to Residential
See TMC 18.50.230, Residential
Conversions
Performance Standards: Use, activity and operations within a structure or a site shall comply with
(1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and
other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and (3) adopted State and Federal
standards for water quality and hazardous materials. In addition, all development subject to the
requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine
whether adverse environmental impacts have been adequately mitigated.
151
CHAPTER 18.22
NEIGHBORHOOD COMMERCIAL CENTER
(NCC) DISTRICT
Sections:
18.22.010 Purpose
18.22.020 Land Uses Allowed
18.22.060 On -Site Hazardous Substances
18.22.070 Design Review
18.22.080 Basic Development Standards
18.22.010 Purpose
A. This district implements the Neighborhood Commercial Center Comprehensive Plan
designation. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to
additional restrictions. It is intended to provide for pedestrian -friendly areas characterized and
scaled to serve multiple residential areas, with a diverse mix of uses. Uses include residential
uses at second story or above when mixed with certain retail, service, office, recreational and
community facilities, generally along a transportation corridor.
B. Certain NCC properties are located in the Urban Renewal Overlay (see Figure 18-15).
Existing zoning and development standards will remain in place. The overlay provides additional
alternate development standards that may be applied to development within the Urban Renewal
Overlay upon request of the property owner, and if the development meets certain qualifying
criteria. Urban Renewal Overlay district standards would implement the Tukwila International
Boulevard Revitalization Plan through more intensive development.
18.22.020 Land Uses Allowed
Refer to TMC 18.09, "Land Uses Allowed by District."
18.22.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste treatment
and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted
use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting
criteria (RCW 70.105).
(See TMC 21.08.)
18.22.070 Design Review
Design review is required for:
1. All commercial structures.
2. All multi -family structures.
3. All projects located within the shoreline jurisdiction that involve new building construction
or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's
assessed valuation.
4. Certain exterior repairs, reconstructions, alterations or improvements to buildings over
10,000 square feet or in the Tukwila International Boulevard corridor.
(See TMC 18.60, Design Review)
18.22.080 Basic Development Standards
Development within the Neighborhood Commercial Center District shall conform to the
following listed and referenced standards: In the Tukwila International Boulevard corridor, there
are circumstances under which these basic standards may be waived (see TMC 18.60.020).
NCC BASIC DEVELOPMENT STANDARDS
Lot area per unit for senior citizen housing,
minimum
726 sq. ft. (senior housing)
Setbacks to yards, minimum:
• Front
6 feet (12 feet if located along
Tukwila International Blvd. S.)
• Second front
5 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50
feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height, setback 1 foot
from property line) min. of 10 feet and a max. of
20 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet
of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg. height, setback 1
foot from property line) min. of 10 feet and a
max. of 20 feet
Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping
requirements.
Height, maximum
3 stories or 35 feet
(4 stories or 45 feet in the NCC of
the Tukwila International Boulevard,
if a mixed use with a residential
and commercial component)
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space,
senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
•Residential (except senior citizen housing)
See TMC 18.56, Off-street Parking/Loading
Regulations
• Office
3 per 1,000 sq. ft.
usable floor area
• Retail
2.5 per 1,000 sq. ft.
usable floor area
• Manufacturing
1 per 1,000 sq. ft.
usable floor area minimum
• Warehousing
1 per 2,000 sq. ft.
usable floor area minimum
• Other uses, including senior citizen housing
See TMC 18.56, Off-street
Parking & Loading Regulations
Conversion to Residential
See TMC 18.50.230, Residential Conversions
Performance Standards: Use, activity and operations within a structure or a site shall comply with (1)
standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other
airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water
quality and hazardous materials. In addition, all development subject to the requirements of the State
153
Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
154
CHAPTER 18.24
REGIONAL COMMERCIAL
(RC) DISTRICT
Sections:
18.24.010 Purpose
18.24.020 Land Uses Allowed
18.24.060 On -Site Hazardous Substances
18.24.070 Design Review
18.24.080 Basic Development Standards
18.24.010 Purpose
This district implements the Regional Commercial Comprehensive Plan designation. It is
intended to provide for areas characterized by commercial services, offices, lodging,
entertainment, and retail activities with associated warehousing, and accessory light industrial
uses, along a transportation corridor and intended for high -intensity regional uses. Where the
area and streetscape is more residential than commercial in character, residential or mixed use
residential is also allowed in order to provide redevelopment options and additional households,
which would support the surrounding commercial district. In areas where residential uses are
permitted, senior citizen housing is allowed up to 60 dwelling units per acre, subject to additional
restrictions. The zone's standards are intended to promote attractive development, an open and
pleasant street appearance, and compatibility with adjacent residential areas.
18.24.020 Land Uses Allowed
Refer to TMC 18.09, "Land Uses Allowed by District."
18.24.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste treatment
and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted
use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting
criteria (RCW 70.105). (See TMC 21.08.)
18.24.070 Design Review
Design review is required for:
1. All projects located within the shoreline jurisdiction that involve new building construction
or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's
assessed valuation.
2. All hotels and motels.
3. All other commercial structures 1,500 square feet or larger outside the shoreline
jurisdiction.
4. Within the Tukwila International Boulevard corridor (see TMC Figure 18-9), design
review is required for all new development as well as certain exterior repairs, reconstructions,
alterations or improvements.
(See TMC 18.60, Design Review)
18.24.080 Basic Development Standards
Development within the Regional Commercial district shall conform to the following listed and
referenced standards. In the Tukwila International Boulevard corridor, there are circumstances
under which these basic standards may be waived (see TMC 18.60.020).
RC BASIC DEVELOPMENT STANDARDS
Lot area per unit (multifamily, except senior
citizen housing), minimum
2,000 sq. ft.
Where height limit is 6 stories: 622 sq. ft. Where
height limit is 10 stories: 512 sq. ft.
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Sides
10 feet
• Sides, if any portion of the yard is within
50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg.
height, setback 1 foot from
property line) min. of 10
feet and a max. of 30 feet
When 3 or more stories
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within
50 feet of LDR, MDR, HDR
Ratio of 1.5:1 setback
(for every 1.5 feet of bldg.
height, setback 1 foot from
property line) min. of 10
feet and a max. of 30 feet
When 3 or more stories
30 feet
Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot
landscaping requirements.
Height, maximum
3 stories or 35 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space, senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
housing)
See TMC 18.56, Off street Parking/Loading
Regulations
• Office
3 per 1,000 sq. ft. usable floor area minimum
• Retail
2.5 per 1,000 sq. ft. usable floor area
minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor area minimum
• Warehousing
1 per 2,000 sq. ft. usable floor area minimum
• Other uses, including senior citizen
housing
See TMC 18.56, Off-street Parking & Loading
Regulations
Conversion to Residential
See TMC 18.50.230, Residential Conversions
Performance Standards: Use, activity and operations within a structure or a site shall comply
with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust,
smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal
standards for water quality and hazardous materials. In addition, all development subject to the
requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to
determine whether adverse environmental impacts have been adequately mitigated.
156
CHAPTER 18.26
REGIONAL COMMERCIAL MIXED -USE
(RCM) DISTRICT
Sections:
18.26.010 Purpose
18.26.020 Land Uses Allowed
18.26.060 On -Site Hazardous Substances
18.26.070 Design Review
18.26.080 Basic Development Standards
18.26.010 Purpose
This district implements the Regional Commercial Mixed Use Comprehensive Plan
designation, which allows up to 14.5 dwelling units per net acre. Senior citizen housing is allowed
up to 60 dwelling units per acre, subject to additional restrictions. It is intended to provide for areas
characterized by commercial services, offices, lodging, entertainment, and retail activities with
associated warehousing, and accessory light industrial uses, along a transportation corridor and
intended for high -intensity regional uses. Residential uses mixed with certain commercial uses
are allowed at second story or above. The zone's standards are intended to promote attractive
development, an open and pleasant street appearance, and compatibility with adjacent residential
areas.
18.26.020 Land Uses Allowed
Refer to TMC 18.09, "Land Uses Allowed by District."
18.26.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste treatment
and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted
use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting
criteria (RCW 70.105).
(See TMC 21.08.)
18.26.070 Design Review
Design review is required for:
1. All projects located within the shoreline jurisdiction that involve new building construction
or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's
assessed valuation.
2. Commercial structures 1,500 square feet or larger.
3. All structures containing multi -family dwellings outside the shoreline jurisdiction.
4. Certain exterior repairs, reconstructions, alterations or improvements to buildings over
10,000 square feet.
(See TMC 18.60, Design Review)
18.26.080 Basic Development Standards
Development within the Regional Commercial Mixed Use District shall conform to the following
listed and referenced standards:
RCM BASIC DEVELOPMENT STANDARDS
Lot area per unit (multifamily, except senior
citizen housing), minimum
3,000 ft
Setbacks to yards, minimum:
• Front
20 feet
• Second front
10 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
10 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC Chapter 18.52, "Landscape Requirements," Table A, for perimeter and parking
lot landscaping requirements.
Height, maximum
3 stories or 35 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space, senior citizen housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen housing)
See TMC 18.56, Off street
Parking/Loading Regulations
• Office
3 per 1,000 sq. ft. usable floor area
minimum
• Retail
2.5 per 1,000 sq. ft. usable floor area
minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor area
minimum
• Warehousing
1 per 2,000 sq. ft. usable floor area
minimum
• Other uses, including senior citizen housing
See TMC 18.56, Off-street Parking &
Loading Regulations
Conversion to Residential
See TMC 18.50.230, Residential
Conversions
Performance Standards: Use, activity and operations within a structure or a site shall comply
with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust,
smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and
Federal standards for water quality and hazardous materials. In addition, all development
subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be
evaluated to determine whether adverse environmental impacts have been adequately
mitigated.
158
CHAPTER 18.30
COMMERCIAL/LIGHT INDUSTRIAL
(C/LI) DISTRICT
Sections:
18.30.010 Purpose
18.30.020 Land Uses Allowed
18.30.060 On -Site Hazardous Substances
18.30.070 Design Review
18.30.080 Basic Development Standards
18.30.010 Purpose
This district implements the Commercial/Light Industrial Comprehensive Plan designation. It
is intended to provide for areas characterized by a mix of commercial, office, or light industrial
uses. The standards are intended to promote viable and attractive commercial and industrial
areas.
18.30.020 Land Uses Allowed
Refer to TMC 18.09, "Land Uses Allowed by District."
18.30.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste treatment
and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted
use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting
criteria (RCW 70.105). (See TMC 21.08.)
18.30.070 Design Review
Design review is required for:
1. New developments within 300 feet of residential districts.
2. All projects located within the shoreline jurisdiction that involve new building construction
or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's
assessed valuation.
3. Developments larger than 1,500 square feet outside the shoreline jurisdiction.
4. Certain exterior repairs, reconstructions, alterations or improvements to buildings over
10,000 square feet.
(See TMC 18.60, Design Review)
18.30.080 Basic Development Standards
Development within the Commercial Light Industrial District shall conform to the following
listed and referenced standards:
C/LI BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
159
• Second front, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
15 feet
• Sides
10 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
15 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and
parking lot landscaping requirements.
Height, maximum
4 stories or 45 feet
Off-street parking:
• Warehousing
1 per 2,000 sq. ft. usable floor
area min.
• Office
3 per 1,000 sq. ft. usable floor
area min.
• Retail
2.5 per 1,000 sq. ft. usable
floor area min.
• Manufacturing
1 per 1,000 sq. ft. usable floor
area min.
• Other Uses
See TMC 18.56, Off-street
Parking & Loading Regulations
Conversion to Residential
See TMC 18.50.230,
Residential Conversions
Performance Standards: Use, activity and operations within a structure or a site
shall comply with (1) standards adopted by the Puget Sound Air Pollution
Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC
8.22, "Noise", and, (3) adopted State and Federal standards for water quality
and hazardous materials. In addition, all development subject to the
requirements of the State Environmental Policy Act, RCW 43.21C, shall be
evaluated to determine whether adverse environmental impacts have been
adequately mitigated.
160
161
CHAPTER 18.40
TUKWILA VALLEY SOUTH
(TVS) DISTRICT
Sections:
18.40.010 Purpose
18.40.020 Land Uses Allowed
18.40.060 On -Site Hazardous Substances
18.40.070 Design Review
18.40.080 Basic Development Standards
18.40.010 Purpose
This district implements the Tukwila Valley South Comprehensive Plan designation. It is
intended to provide an area of high -intensity regional uses that include commercial services,
offices, light industry, warehousing and retail uses, with heavy industrial uses subject to a
Conditional Use Permit.
18.40.020 Land Uses Allowed
Refer to TMC 18.09, "Land Uses Allowed by District."
18.40.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling, or hazardous waste treatment
and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted
use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting
criteria (RCW 70.105). (See TMC 21.08.)
18.40.070 Design Review
Design review is required for:
1. New development within 300 feet of residential districts.
2. All projects located within the shoreline jurisdiction that involve new building construction
or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's
assessed valuation.
3. Developments larger than 1,500 square feet.
4. All multi -family developments outside the shoreline jurisdiction.
(See TMC 18.60, Design Review)
18.40.080 Basic Development Standards
Development within the Tukwila Valley South District shall conform to the following listed and
referenced standards:
TVS BASIC DEVELOPMENT STANDARDS
Lot area per unit (multifamily, except
senior citizen housing), minimum
2,000 sq. ft.
Setbacks to yards, minimum:
• Front
25 feet
• Second front
12.5 feet
• Sides
5 feet
• Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
• Rear
5 feet
• Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR
1st Floor
10 feet
2nd Floor
20 feet
3rd Floor
30 feet
Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter
and parking lot landscaping requirements.
Height, maximum
115 feet
Recreation space
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space, senior citizen
housing
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
housing)
See TMC 18.56, Off street
Parking/Loading Regulations
• Office
3 per 1,000 sq. ft. usable floor
area minimum
• Retail
4 per 1,000 sq. ft. usable floor
area minimum
• Manufacturing
1 per 1,000 sq. ft. usable floor
area minimum
• Warehousing
1 per 2,000 sq. ft. usable floor
area minimum
• Other uses, including senior citizen
housing
See TMC 18.56, Off-street
Parking & Loading Regulations
Conversion to Residential
See TMC 18.50.230,
Residential Conversions
Performance Standards: Use, activity and operations within a structure or
a site shall comply with (1) standards adopted by the Puget Sound Air
Pollution Control Agency for odor, dust, smoke and other airborne
pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal
standards for water quality and hazardous materials. In addition, all
development subject to the requirements of the State Environmental Policy
Act, RCW 43.21C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
163
164
CHAPTER 18.41
TUKWILA SOUTH OVERLAY (TSO) DISTRICT
Sections:
18.41.010 Purpose
18.41.020 Land Uses Allowed
18.41.070 On -Site Hazardous Substances
18.41.080 Design Review
18.41.090 Basic Development Standards
18.41.100 Modifications to Development Standards through Design Review
18.41.110 Final Site Plan
18.41.120 Performance Guarantee
18.41.010 Purpose
A. This district implements the Tukwila South Master Plan designation and related policies
and provisions of the Tukwila Comprehensive Plan. As an overlay district, the Tukwila South
Overlay (TSO) district may be applied by the City Council to any property lying within the
Comprehensive Plan's Tukwila South Master Plan Area. Within the Tukwila South Overlay, the
provisions of this chapter shall supersede the provisions of the underlying zoning district.
B. The Tukwila South Overlay district is intended to create a multi -use regional employment
center containing high technology, office, commercial, and residential uses. National and
international employers specializing in emerging technologies (bio-tech/life sciences) are featured
in campus settings. Retail activities range from individual large-scale national retailers to gateway
and village retail and shopping centers that support office and high-tech campuses and residential
neighborhoods. A mix of single-family and multi -family dwellings at low, medium, and high
densities provide a variety of housing opportunities. Tukwila South will create a memorable and
regionally identifiable place by building upon the Northwest tradition of quality outdoor
environments and quality building materials, combined with traditional Puget Sound building
elements.
18.41.020 Land Uses Allowed
Refer to TMC 18.09, "Land Uses Allowed by District."
18.41.070 On -Site Hazardous Substances
No on -site hazardous substance processing and handling or hazardous waste treatment and
storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use.
On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria
(RCW 70.105).
(See TMC 21.08.)
18.41.080 Design Review
A. The Director shall require that all development within the Tukwila South Overlay district
is consistent with the policies of the Tukwila Comprehensive Land Use Plan and the Tukwila
South Master Plan, and conforms to the requirements of this title and any applicable development
agreement.
B. Design review is required for all non-exempt development within the Tukwila South
Overlay district. The applicant may submit a site plan for review for all or a portion of the area
covered by the Tukwila South Master Plan. Prospective applicants are encouraged to schedule
165
a pre -application conference as provided by TMC 18.104.050 prior to submitting a design review
application.
C. The following development activities are exempt from design review:
1. Interior remodeling of existing buildings or structures.
2. Underground utility projects.
3. Detached single-family subdivisions subject to TMC Title 17 — Subdivisions and Plats.
4. Exterior repair, reconstruction, cosmetic alterations or improvements if the cost of that
work is less than 10% of the building's assessed valuation.
5. Development that is categorically exempt under the State Environmental Policy Act
(SEPA) (RCW 43.21 C).
D. Design review includes an examination of the following elements: placement and scale
of structures, design, height, form, parking, access, signage, vehicular and pedestrian
connections and circulation, environmental considerations, open space, landscaping, and
infrastructure needs as described in the Tukwila South Master Plan or any applicable
development agreement.
The purposes of the review process include:
1. Allowing City staff to review the detailed arrangement of the proposed development to
ensure it is consistent with the intent and scope of the Tukwila South Master Plan, as well as any
applicable development regulations, zoning district provisions, design review standards, and any
approved development agreement provisions.
2. Assure the proposed development is compatible with both the physical characteristics
of the site, and the existing and potential uses of the surrounding area as described in an
approved Master Plan.
3. Ensure compliance with the requirements of the State Environmental Policy Act (SEPA
- RCW 43.21C) and other applicable regulations and standards.
E. All design review applications for development within the Tukwila South Overlay district
shall be reviewed in accordance with the following criteria. When two or more of the criteria listed
below conflict, the Director shall evaluate the applicability and importance of each based on the
intent of the Tukwila South Master Plan and reasonably balance any conflicting criteria in reaching
a design review decision.
1. Substantial conformance with the Tukwila South Master Plan, including but not limited
to, fostering the vision and guiding principles of the Master Plan.
2. Compliance with the applicable district standards in this title, and other applicable City
regulations. Modifications to the development standards may be requested as part of design
review per TMC 18.41.100.
3. Substantial consistency with Tukwila Comprehensive Land Use Plan goals and policies.
4. Substantial conformance with the provisions of any applicable development agreement.
5. Substantial conformance with all applicable mitigation measures identified in the
associated EIS or other SEPA documents.
6. Adequate public services and facilities necessary to accommodate the proposed use
and density are or will be made available.
166
7. The site is physically suitable for the type of development and for the intensity of
development proposed.
8. Approval of the application will not be significantly detrimental to the public health, safety
or welfare, or be injurious to the property or improvements of adjacent properties and public
facilities.
9. Substantial conformance with the criteria contained in the Tukwila South Design Manual
for commercial development, the Tukwila South Residential Design Guidelines, or other Design
Manual as stipulated by TMC 18.60.
10. Substantial conformance with the Master Open Space and Trails Plan, if applicable.
F. Upon completion of the City's review, the Director shall approve, approve with conditions
or deny the application, as follows:
1. If the Director finds the application meets the applicable criteria and is consistent with
the approved Master Plan for that area of the Tukwila South Overlay district, the Director shall
approve the proposal.
2. Approve with Conditions: If the Director finds the application does not adequately
address one or more of the applicable criteria, but is consistent with the approved Master Plan for
the Tukwila South Overlay district, and there is a reasonable basis for conditions, the Director
may approve the application with conditions. The intent of such conditions is that they mitigate an
impact consistent with the intent of the applicable criterion. Conditions of approval may include,
but are not necessarily limited to, the relocation or modification of the proposed structures,
additional landscaping, buffering, screening, relocation of access, or other measures necessary
to mitigate any impact or reduce hazards. The Director shall specify when the conditions shall be
met.
3. Denial: If the Director finds the application does not meet applicable criteria and
reasonable conditions cannot be found to mitigate the impact or reduce hazards, the Director shall
deny the application as proposed. The Director's decision must specify the reasons for the denial
based upon the review criteria.
18.41.090 Basic Development Standards
A. Residential Uses.
1. Residential use development on all lands within the -ISO shall conform to the
development standards set forth in TMC 18.41.090.A and the Tukwila South Residential Design
Guidelines. Modifications to these standards are available pursuant to TMC 18.41.100,
"Modifications to Development Standards through Design Review."
2. The development standards herein are based on the height of new residential buildings.
Specifically:
a. Buildings three stories or less are subject to townhouse and low-rise standards.
b. Buildings between four to seven stories are subject to mid -rise standards.
c. Buildings eight stories or taller are subject to high-rise standards.
d. For buildings with a varying number of stories, the tallest number of stories shall
determine which set of standards apply.
Table 18.41.090
Tukwila South Overlay Residential Development Standards
Standard
TSO
Townhouses
& Low-rise
(3 stories or
less)
TSO
Mid -rise
(4-7
stories)
TSO
High-rise
(8 or more
stories)
Setbacks/yards, minimum (feet)
Front'
Arterial streets
15
15
15
All other streets
10
10
10
Side2
Up to 3rd story
5
53
53
4th story and above
n/a
154
154
Rear3
Up to 3rd story
5
53
53
4th story and above
n/a
154
154
1 In the event modification is pursued under TMC 18.41.100, front setbacks
may be reduced to no less than 5 feet.
2 Structures or portions of structures containing multi -family dwelling units that
have solar access only from a side or rear setback -facing window(s) must
be set back at least 15 feet from side and rear property lines. Structures
must also maintain at least 15 feet of separation from adjacent structure
elevations that provide the only solar access for a multi -family dwelling unit.
See the Tukwila South Residential Guidelines for a graphic example.
3 When adjacent to a townhouse, the minimum setback is 15 feet.
4 When adjacent to a townhouse, the setback for portions of a structure taller
than 35 feet must increase by 1 foot for each additional 1 foot in building
height.
Building height, maximum (feet)
Building Height
45
85
125
Standard
TSO
Townhouses
& Low-rise
(3 stories or
less)
TSO
Mid -rise
(4-7
stories)
TSO
High-rise
(8 or more
stories)
Outdoor lighting height, maximum (feet)
Light poles in parking areas
20
20
20
Light poles along pedestrian
walkways, trails, plazas, building
entries, and other pedestrian -
oriented areas
12
12
12
Building wall -mounted lighting
15
15
15
Building mounted lights fully
recessed into the underside of a
ceiling, soffit, or overhang
No limit
No limit
No limit
Building length, maximum (feet)
Maximum building length
200
200
200
Recreation space per unit, minimum square footage (see TMC 18.41.090.3
for more information)''$
Recreation space
Residential development must provide
on -sites and off-site10 recreation space at
the following standard:
• 200 square feet total.
0 75 square feet per unit, on -site.
0 125 square feet per unit, off -site.
168
Senior citizen housing must provide 100 square feet of recreation space per
unit.
8 Developments with 10 or more dwelling units must provide a children's play
area in the on -site recreation space. A children's play area is not required
for senior citizen housing or if the proposed structure or related
development project is within 1/4 mile, measured along constructed
sidewalks and/or trails of the perimeter, of a recreation facility for children
that is open to residents of the proposed structure.
9 Recreation area provided on -site must be functional space for active and
passive recreation purposes and located within the same parcel or tract as
the proposed development.
'o The Director may approve the required off -site recreation area to be located
on -site provided that the recreation space meets the design guidelines set
forth in this chapter. If off -site recreation space is approved to be located
on -site, that space must be active outdoor recreation space.
Parking spaces per dwelling unit, minimum
Studio
1
1
1
1-bedroom
1
1
1
2-bedroom
1.5
1.5
1.5
3-bedroom
2
2
2
Conversion to Residential
See TMC 18.50.230, Residential
Conversions
3. Off -Site Recreational Area Requirements. The following requirements would apply to
Off -Site Recreational Areas within the TSO district:
a. Off -Site Recreational Area Conditions:
(1) Off -site recreation areas must be accessible within 1/4 mile for a children's play
area up to 1/2 mile for all other offsite recreation areas as measured from the closest structure
containing residential units; accessory buildings such as fitness centers, parking garages, utility
structures, etc. will not qualify. Off -site recreation space located up to 1 mile from a structure
containing residential units as measured along existing or future sidewalks and trails shall be
credited toward meeting the offsite recreation space requirement.
(2) A recreation area constructed in fulfilment of this requirement should be designed
to serve the neighborhood in which it is located. The space may be privately -owned, provided
residents living in the area have access. New improvements must be located adjacent to, and
highly visible from, a street (public or private) or public trail. The facilities to be located will be
approved by the Director during the design review and/or subdivision process.
b. Minimum Off -Site Recreational Area Design: Minimum size requirements apply: 1/ 4
acre of usable off -site recreation space must be provided to meet the standard. This qualifies as
the minimum size for an off -site recreation area. Off -site recreational areas must be designed and
sized to accommodate a combination of active and passive recreational facilities.
Examples of qualifying facilities:
(1) Children's play equipment
(2) Picnic areas and/or tables
(3) Benches
(4) Pea patch/other specialized community garden
(5) Grass fields/areas of suitable size for active recreation
(6) Sport courts
169
(7) Trails and associated landscaped corridors on private property
(8) Other amenities the Director determines meet the goal of providing active or
passive recreation opportunities
c. Larger Off -Site Recreational Areas:
(1) Any offsite recreation area developed in excess of the offsite recreation area
requirement for a given development, regardless of their size and subject to the 1/4-acre size
minimum, may be banked toward future development for an indefinite period.
(2) Should a larger, consolidated recreation area of 2.0 acres or more be provided,
the improvements can be used to fulfill current development proposal requirements. See "Timing
of Recreation Space Provision" below for more information.
(3) If a project constructs a recreation area of less than 2.0 acres but greater than a
development's required offsite recreation amount, the area developed in excess may be banked
only if the offsite recreation area is constructed at the same time as the residential project.
(4) To qualify, the proposed recreation area must be located adjacent to, and highly
visible from, a street (public or private) or trail and provide a range of active and passive
recreational opportunities (as outlined in this Chapter) for multiple ages and physical abilities.
Only those areas that are usable may count towards the off -site recreation space requirement.
The following areas are excluded: parking lots, utility sheds, inaccessible natural/planted areas,
any landscaped area required by code, and unimproved steep slopes as defined in TMC
18.45.120.
(5) Larger off -site recreational areas are typically characterized by recreational
activities that serve a range of individuals and groups, such as field games, court games, craft
areas, playground apparatus, picnicking, and space for quiet/passive activities. Neighborhood
recreation areas may contain active recreational facilities such as softball, basketball, volleyball,
handball, tennis, children's play structures, trails, and grass areas for activities and/or picnic
facilities.
d. Timing of Recreation Space Provision: Construction of off -site recreation space must
meet the following timelines.
(1) For sites under 2.0 acres in area, the off -site recreation space must be constructed
and receive final construction permit approval prior to the issuance of certificate of occupancies
for any project receiving credit for the off -site recreation space.
(2) For sites equal to or in excess of 2.0 acres, the City will permit delayed construction
of the off -site recreation space as follows:
(a) Construction permits must be applied for within two years of the associated
residential project(s) using such off -site recreation space to satisfy their recreation space
requirement and receiving certificate(s) of occupancy. Provided:
i. A financial guarantee (bond, assignment of account, irrevocable standby
letter of credit, or cash), acceptable to the Director, in an amount necessary to complete the off -
site recreation improvements is provided to the City.
ii. The owner of the property for the off -site recreation area has provided an
appropriate legal mechanism acceptable to the City to access the identified off -site recreation
area, such as an easement, at no cost, and to construct the off -site recreation space
improvements in the event that the applicant and/or property owner have not completed the
improvements within the prescribed timelines.
170
iii. The requirements in TMC 18.41.090.A.3.d.(a).i and ii are not required if the
permits for off -site recreation space have received final approval by the City.
(3) No additional residential projects within the 1/2 mile radius of the deferred off -site
recreation area will be allowed to move forward with construction until such off -site recreation
space construction has been completed.
(4) Construction of the off -site recreation improvements must be completed within a
timely manner from permit approvals. If adequate provisions, as determined by the Director,
cannot be put in place to ensure the future construction of the off -site recreation space, then the
space shall be constructed prior to the issuance of any certificate of occupancy for any
developments using the off -site area to meet recreational space requirements.
e. Sensitive Area Tracts: Off -site recreation space credit can be given for any trails,
lookouts, or other passive recreation activities constructed within sensitive area tracts, subject to
compliance with the City's Sensitive Area Master Plan for Tukwila South and the City's
Environmental Areas Ordinance. The sensitive areas tracts would need to meet the locational
requirements outlined in this Chapter (1/2 mile from closest perimeter of a residential project).
Only the areas of improvement within a sensitive area tract would count towards the recreation
space requirement, not the entire tract.
4. Performance Standards: Use, activity, and operations within a structure or a site shall
comply with: (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor,
dust, smoke and other airborne pollutants; (2) TMC 8.22, "Noise"; and (3) adopted State and
Federal standards for water quality and hazardous materials. In addition, all development subject
to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to
determine whether adverse environmental impacts have been adequately mitigated.
B. Connectivity and Circulation Guidelines.
1. Any development with a residential component shall front a roadway that meets City
approved public or private street standards.
2. Access to development sites needs to include provisions for non -motorized circulation,
including dedicated pedestrian access that separates pedestrians from motorized traffic via curb
and/or landscaped planter strip. Development along public rights -of -way should not preclude bus
stops and bike infrastructure. Private street development, contained within tracts or easements,
may be required to include shared and/or dedicated bike lanes, on -street parking, and/or drop-
off/loading zones.
3. Existing curb cuts from Southcenter Parkway and South 200th Street are to be used for
access to the adjacent development sites and to extend private streets, contained within tracts or
easements. If no curb cut exists along an existing road fronting a development site, City of Tukwila
Public Works may review and approve new curb cut location(s) along such street frontage, subject
to intersection spacing and site distance standards.
4. New streets are encouraged to connect to adjacent parcels at an interval no greater than
700 feet. Where nearby parcels and associated private streets have already been developed,
proposed private streets, whether in tracts or easements, shall align and connect.
5. Future block development is encouraged to create a maximum block perimeter 2,000
linear feet. The block will be defined with a minimum of two vehicle through connections. The
remaining two sides of the block may be pedestrian/bicycle connections only or could
accommodate vehicle traffic; see example below.
6. Permanent dead-end streets should be avoided, if possible.
171
7. All developments must meet minimum Fire Department and Public Works Department
access and grade requirements including, but not limited to, minimum street clearance, turning
radii, and turnaround design.
8. The Director may provide exceptions to these guidelines in the event they are unable to
be adhered to due to physical/topographical constraints, the creation of an unusable parcel(s) of
land, or an inability to fulfill the requirements without significantly interfering with the proposed
function(s) of the development given that the overall intent of the guidelines is still fulfilled.
BLOCK EXAMPLE:
S0
Mommum to ck Face /00 Fcsl
Hew Street
IT
•
Block A
Maximum 91pdc
PNiMefer I ACV Foot
Now Padostrlan r Eticydo Path
Block B
Street
C. Non -Residential Uses. All non-residential use development on all lands within the ISO
shall conform to the development standards set forth in TMC 18.41.090.C. Modifications to these
standards are available pursuant to TMC 18.41.100, "Modifications to Development Standards
through Design Review."
Lot
N/A
Setbacks:
Front — adjacent to a public street
15 feet*
Second Front — adjacent to a public
street
15 feet*
Sides
None*; increased to 10 feet if
adjacent to residential use or non-TSO
zoned property
Rear
None*; increased to 10 feet if
adjacent to residential use or non-TSO
zoned property
Height
125 feet
Landscaping:
Fronts — adjacent to a public street
15 feet
Side
None; increased to 10 feet if
adjacent to residential use or
non-TSO zoned property
172
Rear
None; increased to 10 feet if
adjacent to residential use or
non-TSO zoned property
Landscape requirements (minimum): See Landscape, Recreation,
Recycling/Solid Waste Space requirements chapter for requirements
Off-street parking:
See TMC Chapter 18.56
*Subject to modification to meet Fire Department Access Requirements
18.41.100 Modifications to Development Standards through Design Review
A. An applicant may request a modification to the Basic Development Standards
established by TMC 18.41.090 as part of a design review application. The applicant shall submit
a written description of the proposed modification and address the decision criteria stated in TMC
18.41.100.B; the Director may condition the approval of a modification request when such
conditions are necessary to achieve conformity with these decision criteria.
B. The Director may grant modifications to the Basic Development Standards established
by TMC 18.41.090 for individual cases provided that, for development of a residential use, the
Director shall find that either the modification is allowed because it results in a more thoughtful
urban design for the project consistent with the Tukwila South Residential Design Guidelines, or
that all five criteria below are met and, for development of a non-residential use, the Director shall
find that all five criteria below are met:
1. The modification is required due to unique circumstances related to the subject property
that create significant practical difficulties for development and use otherwise allowed by this
code;
2. The modification conforms to the intent and purpose of the Tukwila South Master Plan,
any applicable development agreements, and this code;
3. The modification will not be injurious to other property(s) in the vicinity;
4. The modification will not compromise the current or reasonably anticipated provision of
circulation, access, utility service or any other public service; and
5. An approved modification shall be the minimum necessary to ameliorate the identified
practical difficulties giving rise to the request.
18.41.110 Final Site Plan
A. Within 90 days of the approval by the Director, final plans shall be prepared and filed
with the City. These plans shall include all required modifications and applicable conditions
contained in the Director's Notice of Decision.
B. The final plans are not required to be recorded unless there is an associated land
division application, such as a binding site plan or subdivision.
18.41.120 Performance Guarantee
The Building Official may not issue a Certificate of Occupancy until all improvements included
in the approved plans have been installed and approved, with the following exceptions:
1. A performance guarantee has been posted for the improvements not yet completed.
2. The phasing of improvements has been accounted for in an associated Binding Site
Plan, infrastructure phasing agreement, a condition of approval, or a development agreement.
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CHAPTER 18.50
SUPPLEMENTAL DEVELOPMENT STANDARDS
Sections:
18.50.010 Purpose
18.50.020 Special Height Limitation Areas
18.50.030 Special Height Exception Areas
18.50.045 Height Regulations Around Major Airports
18.50.050 Single -Family Dwelling Design Standards
18.50.055 Single -Family Design Standard Exceptions
18.50.060 Cargo Containers as Accessory Structures
18.50.070 Yard Regulations
18.50.080 Exemption of Rooftop Appurtenances
18.50.083 Maximum Building Length
18.50.085 Maximum Percent Development Area Coverage
18.50.090 Height Limitation for Amusement Devices
18.50.110 Archaeological/Paleontological Information Preservation
Requirements
18.50.130 Structures Over Public R-O-W
18.50.140 Charging Station Locations
18.50.150 Retaining Wall Setback Waiver
18.50.170 Lighting Standards
18.50.180 Recycling Storage Space for Residential Uses
18.50.185 Recycling Storage Space for Non -Residential Uses
18.50.190 Design of Collection Points for Garbage and Recycling Containers
18.50.200 Peer Review of Technical Studies
18.50.210 Marijuana Related Uses
18.50.220 Accessory Dwelling Unit (ADU) Standards
18.50.230 Residential Conversions
18.50.240 Home Occupations
18.50.250 Emergency Housing and Emergency Shelter Criteria
18.50.260 Permanent Supportive Housing and Transitional Housing Criteria
18.50.270 Memorandum of Agreement for Emergency Housing, Emergency Shelter,
Permanent Supportive Housing or Transitional Housing
18.50.010 Purpose
A. It is the purpose of this chapter to establish development standards that supplement
those established within the various use districts. These supplemental standards are intended to
address certain unique situations that may cross district boundaries, and to implement related
policies of the Tukwila Comprehensive Plan.
18.50.020 Special Height Limitation Areas
A. There are hereby established special height limitation areas, as depicted by Figure 18-
3.
18.50.030 Special Height Exception Areas
A. There are hereby established special height exception areas as depicted by Figure 18-
3, within which building heights of up to four, six, or ten stories, as illustrated by the Figure, are
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allowed, notwithstanding the height standards for zoning districts within which the subject property
may lie.
18.50.045 Height Regulations Around Major Airports
A. For the purposes of regulating heights within the vicinity of major airports, there are
established and created certain height limitation zones which include all the land lying within the
instrument approach zones, non -instrument approach zones, transition zones, horizontal zones
and conical zones. Such areas may be shown and defined on an "airport height map" which shall
become a part of the ordinance codified in this section by adoption of the Council and found on
file in the office of the City Clerk. No building or structure shall be erected, altered or maintained,
nor shall any tree be allowed to grow to a height in excess of the height limit herein established
in any of the several zones created by this section; provided, however, that this provision shall
not prohibit the construction of or alteration of a building or structure to a height of 35 feet above
the average finish grade of the lot. Where an area is covered by more than one height limitation
zone, the more restrictive limitations shall prevail. Under the provision of this section, the City
adopts the following airport height map: Airport Height Map: King County International Airport
(Boeing Field), August 1, 1986, and as the same may be amended.
18.50.050 Single -Family Dwelling Design Standards
A. All new single-family dwellings, as well as accessory dwelling units and other accessory
structures that require a building permit, must:
1. Be set upon a permanent concrete perimeter foundation, with the space from the bottom
of the home to the ground enclosed by concrete or an approved concrete product that can be
either load bearing or decorative.
2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections,
each of not less than 12 feet wide by 36 feet long.
3. Be thermally equivalent to the current edition of the Washington State Energy Code with
amendments.
4. Have exterior siding that is residential in appearance including, but not limited to, wood
clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -cement siding, wood -
composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or
corrugated metal or plastic panels are not acceptable.
5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide.
This requirement does not apply to ADUs or accessory structures.
6. Have a roofing material that is residential in appearance including, but not limited to,
wood shakes or shingles, standing seam metal, asphalt composition shingles or tile.
18.50.055 Single -Family Design Standard Exceptions
A. The design standards required in TMC 18.50.050 (4), (5) and (6) may be modified by
the Director as part of the building permit approval process.
1. The criteria for approval of use of unconventional exterior siding are as follows:
a. The structure exhibits a high degree of design quality, including a mix of exterior
materials, detailing, articulation and modulation; and
b. The proposed siding material is durable with an expected life span similar to the
structure; and
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c. The siding material enhances a unique architectural design.
2. The criteria for approval of a house with a front door that faces the side or rear yard are
as follows:
a. The topography of the lot is such that pedestrian access is safer or more
convenient from the side or rear yard;
b. The entrance is oriented to take advantage of a site condition such as a significant
view; or
c. The entry feature is integral to a unique architectural design.
B. The design standards required in TMC 18.50.050 (5) and (6) may also be modified by
the Director as part of the building permit approval process if the proposal includes a replacement
of a single wide manufactured home with a double wide and newer manufactured home. The
property owner can apply for this waiver only one time per property starting from the date of
adoption of this ordinance. Additionally, the proposal should result in aesthetic improvement to
the neighborhood.
C. The design standards required in TMC 18.50.220.A (4) may be modified by the Director
as part of the building permit approval process. The design of an attached ADU that does not
reflect the design vocabulary of the existing primary residence may be approved if the new portion
of the structure exhibits a high degree of design quality, including a mix of durable exterior
materials, detailing, articulation and modulation.
18.50.060 Cargo Containers as Accessory Structures
A. Cargo containers are allowed outright in the LI, HI, MIC/L, MIC/H and TVS zones,
subject to building setbacks.
B. New containers may be allowed as accessory structures in LDR, MDR, and HDR for
institutional uses, and in RC, RCM, TUC, TSO and C/LI for any permitted or conditional use. All
new containers are subject to a Type 2 special permission decision and the restrictions in the
various zoning districts.
C. Criteria for approval are as follows:
1. Only two cargo containers will be allowed per lot, maximum length of 40 feet.
2. The container is located to minimize the visual impact to adjacent properties, parks, trails
and rights -of -way as determined by the Director.
3. The cargo container is sufficiently screened from adjacent properties, parks, trails and
rights -of -way, as determined by the Director. Screening may be a combination of solid fencing,
landscaping, or the placement of the cargo containers behind, between or within buildings.
4. If located adjacent to a building, the cargo container must be painted to match the
building's color.
5. Cargo containers may not occupy any required off-street parking spaces.
6. Cargo containers shall meet all setback requirements for the zone.
7. Outdoor cargo containers may not be refrigerated.
8. Outdoor cargo containers may not be stacked.
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D. Licensed and bonded contractors may use cargo containers in any zone for temporary
storage of equipment and/or materials at a construction site during construction that is authorized
by a City building permit.
18.50.070 Yard Regulations
A. Fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture
may be permitted in any yard subject to height limitations and requirements limiting obstruction of
visibility to the detriment of public safety. The height of opaque fences along street frontages is
limited to 4 feet, with lattice or other open material allowed up to 6 feet.
B. In the case of through lots, unless the prevailing front yard pattern on adjoining lots
indicates otherwise, front yards shall be provided on all frontages.
C. Where the front yard that would normally be required on a lot is not in keeping with the
prevailing yard pattern, the Department may waive the requirement for the normal front yard and
substitute therefore a special yard requirement, which shall not exceed the average of the yards
provided on adjacent lots.
D. In the case of corner lots, a front yard of the required depth shall be provided in
accordance with the prevailing yard pattern, and a second front yard of half the depth required
generally for front yards in the district shall be provided on the other frontage.
E. In the case of corner lots with more than two frontages, the Department shall determine
the front yard requirements, subject to the following conditions:
1. At least one front yard shall be provided having the full depth required generally in the
district;
2. The second front yard shall be the minimum set forth in the district;
3. In the case of through lots and corner lots, there will be no rear yards but only front and
side yards;
4. In the case of through lots, side yards shall extend from the rear lines of front yards
required. In the case of corner lots, yards remaining after full and half depth front yards have been
established shall be considered side yards. (See Figure 18-4.)
18.50.080 Exemption of Rooftop Appurtenances
A. The height limitations specified in this chapter shall not apply to church spires,
monuments, chimneys, water towers, elevator towers, mechanical equipment, and other similar
rooftop appurtenances usually required to be placed above the roof level and not intended for
human occupancy or the provision of additional floor area; provided, that mechanical equipment
rooms or attic spaces are set back at least 10 feet from the edge of the roof and do not exceed
20 feet in height.
18.50.083 Maximum Building Length
A. In the MDR and HDR zone, the maximum building length shall be as follows:
For all buildings except as
described below:
MDR 50
ft.
HDR 50
ft.
Maximum building length with bonus for modulating off -sets:
• For structures with a
maximum building height
MDR 100
ft.
of 2 stories or 25 feet,
whichever is less, and
having horizontal
modulation or a minimum
vertical change in roof
profile of 4 feet at least
every two units or 50 feet,
whichever is less
HDR
ft.
200
• For structures with a
building height over 2
MDR
ft.
100
stories or 25 feet,
whichever is less, with a
HDR
ft.
200
horizontal & vertical
modulation of 4 feet or an 8
foot modulation in either
direction
• For townhouse structures
with horizontal modulation
MDR
ft.
80
or a minimum vertical
change in roof profile of 4
HDR
ft.
125
feet at least every two units
or 50 feet, whichever is
less
Maximum building length with bonus for modulating off -sets: Modulation shall be required for
every 2 units or 50 feet, whichever is less, as measured along the building's length. Grouping of
offsets in maximum four unit modules may be permitted as part of a design review approval (see
Figure 18-5).
18.50.085 Maximum Percent Development Area Coverage
A. In the LDR zones the maximum percent development area coverage for a single-family
development shall be as follows:
1. 75% on lots less than 13,000 square feet up to a maximum of 5,850 sq. ft.; and
2. 45% on lots greater than or equal to 13,000 square feet.
B. In the MDR and HDR zones the maximum percent development area coverage shall be
50%, less the following surfaces:
1. the footprint of an exclusive recreational facility;
2. a proportion of a recreational facility footprint when contained within a general use
building as follows: the portion of the footprint area occupied by a recreational facility divided by
the number of floors in that portion of the building;
3. vehicle circulation aisles between separate parking areas;
4. sidewalks;
5. paths; and
6. other pedestrian/recreation facilities clearly designed to enhance the pedestrian
environment.
C. Senior citizen housing development in HDR is exempt from development area coverage
maximum; however, if the senior citizen housing is converted to regular apartments, the 50% limit
must be met.
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D. The 50% maximum development area coverage for townhouse development may be
increased up to a maximum of 75% development area coverage, if the applicant uses low -impact
development techniques that are technically feasible and in accordance with the Surface Water
Design Manual (TMC 14.30).
18.50.090 Height Limitation for Amusement Devices
A. Amusement devices shall be allowed up to 115 feet in height in any commercial or
industrial zones. Any devices that exceed the height limit of the zone in which they are located
shall be subject to a conditional use permit.
18.50.110 Archaeological/Paleontological Information Preservation Requirements
A. The following provisions shall apply in all zones:
1. If there is reason to believe that archaeological resources will be disturbed, a cultural
resources assessment shall be conducted and, if warranted, an archaeological response plan
and provisions for excavation monitoring by a professional archaeologist shall be made prior to
beginning construction. The assessment should address the existence and significance of
archaeological remains, buildings and structures on the State or Federal historic registers,
observable paleontological deposits and may include review by the State Archaeologist.
2. It is recommended that the applicant coordinate a predetermination study by a
professional archaeologist during the geotechnical investigation phase, to determine site
archaeological potential and the likelihood of disturbing archaeological resources.
3. Excavations into historically native soil, when in an area of archaeological potential, shall
have a professional archaeologist on site to ensure that all State statutes regarding archaeological
conservation/ preservation are implemented. The applicant shall provide a written commitment to
stop work immediately upon discovery of archaeological remains and to consult with the State
Office of Archaeology and Historic Preservation (OAHP) to assess the remains and develop
appropriate treatment measures. These may include refilling the excavation with no further
responsibility.
4. An applicant who encounters Indian burials shall not disturb them and shall consult with
OAHP and affected tribal organizations pursuant to State statutes.
5. The Director is authorized to:
a. conduct studies to generally identify areas of archaeological/ paleontological
potential;
b. make determinations to implement these provisions; and
c. waive any and all of the above requirements, except for TMC 18.50.110-4
(reporting of discovered Indian burials), if the proposed action will have no probable significant
impact on archaeological or historical resources that are eligible for listing in the National Register
of Historic Places, or on observable paleontological resources. Examples of such actions include
excavation of fill materials, disturbance of less than 10,000 square feet of native soils to a depth
of 12 inches, penetration of native soils with pilings over a maximum 8% of the building footprint,
and paving over native soils in a manner that does not damage cultural resources. The above
examples are illustrative and not determinative. A case -by -case evaluation of
archaeological/paleontological potential value and proposed disturbance must be made.
18.50.130 Structures Over Public R-O-W
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A. A developer who controls parcels on both sides of a public right-of-way may request
approval to bridge the street with a structure as a Type 2 special permission decision. Only the
width of the building that extends across the street is exempt from setbacks; the remainder of the
building must meet them. The developer must also obtain air rights and comply with all other
relevant codes, including the Washington State Building Code.
18.50.140 Charging Station Locations
A. Level 1 and Level 2 charging stations are allowed as an accessory use in the
predominantly residential zones LDR, MDR and HDR. Level 1 and Level 2 charging stations are
allowed as a permitted use in all other zones. Level 3 charging stations, battery exchange stations,
and rapid charging stations are allowed as a permitted use in all zones that allow other automotive
services such as gas stations, and are allowed as an accessory use in all other zones.
18.50.150 Retaining Wall Setback Waiver
A. Retaining walls with an exposed height greater than four feet may be allowed in required
front, side or rear yard setbacks as a Type 2 Special Permission decision to the Community
Development Director under the following circumstances:
1. When the applicant's property is on the lower side of the retaining wall and it is not visible
from adjacent properties or is screened by landscaping; or
2. When a wall built on a property line or perpendicular to it benefits the lots on both sides,
and the owners of both properties agree to jointly maintain the wall; or
3. When a wall in a front yard is required due to roadway expansion or improvements.
18.50.170 Lighting Standards
A. Parking and loading areas shall include lighting capable of providing adequate
illumination for security and safety. Lighting standards shall be in scale with the height and use of
the associated structure. Any illumination, including security lighting, shall be directed away from
adjoining properties and public rights -of -way.
B. In the MDR and HDR zones, porches, alcoves and pedestrian circulation walkways shall
be provided with low level safety lighting. Pedestrian walkways and sidewalks may be lighted with
lighting bollards.
C. MIC/L and MIC/H. The following site lighting standards shall apply to portions of
developments within 100 feet of the Tukwila Manufacturing/Industrial Center boundary as defined
in the 1995 Comprehensive Plan:
1. The minimum light levels in parking areas, paths between the building and street or
parking areas shall be 1 foot candle;
2. The maximum ratio of average: minimum light level shall be 4:1 for illuminated grounds;
3. Maximum illumination at the property line shall be 2 foot candles;
4. Lights shall be shielded to eliminate direct off -site illumination; and
5. General grounds need not be lighted.
D. Variation from these standards may be granted by the Director of the Department of
Community Development based on technical unfeasibility or safety considerations.
18.50.180 Recycling Storage Space for Residential Uses
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A. Apartment and condominium developments over six units shall provide 1-1/2 square feet
of recycling storage space per dwelling unit, which shall be located in collection points as follows:
1. No dwelling unit within the development shall be more than 200 feet from a collection
point.
2. Collection points shall be located so that hauling trucks do not obstruct pedestrian or
vehicle traffic on -site, or project into any public right-of-way.
3. Collection points shall not be located in any required setback or landscape area.
18.50.185 Recycling Storage Space for Non -Residential Uses
A. Recycling storage space for non-residential uses shall be provided at the rate of at least:
1. Two square feet per every 1,000 square feet of building gross floor area in office,
medical, professional, public facility, school and institutional developments.
2. Three square feet per every 1,000 square feet of building gross floor area in
manufacturing, industrial and other non-residential uses not specifically mentioned in these
requirements.
3. Five square feet per every 1,000 square feet of building gross floor area in retail
developments.
B. Outdoor collection points shall not be located in any required setback or landscape area.
C. Collection points shall be located in a manner so that hauling trucks do not obstruct
pedestrian or vehicle traffic on -site, or project into any public right-of-way.
18.50.190 Design of Collection Points for Garbage and Recycling Containers
A. Residential and non-residential collection points shall be designed as follows:
1. An opaque wall or fence of sufficient size and height to provide complete screening shall
enclose any outside collection point. Architectural design shall be consistent with the design of
the primary structure(s) on the site.
2. Collection points shall be identified by signs not to exceed two square feet.
3. Weather protection of recyclables and garbage shall be ensured by using weather-proof
containers or by providing a roof over the storage area.
18.50.200 Peer Review of Technical Studies
A. The Department will review all technical information submitted as part of any application
to verify it meets all requirements of the Tukwila Municipal Code. At the discretion of the Director,
any technical studies required as part of the application including, but not limited to, noise reports,
lighting plans, and parking demand studies, may undergo peer review at the expense of the
applicant.
18.50.210 Marijuana Related Uses
A. The production, processing and retailing of marijuana is and remains illegal under
federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is
an authorization to circumvent federal law or provide permission to any person or entity to violate
federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana
retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State
of Washington. The purposes of these provisions is solely to acknowledge the enactment by the
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state Liquor and Cannabis Board of a state licensing procedure and to permit, but only to the
extent required by state law, marijuana producers, processors, and retailers to operate in
designated zones of the City.
B. Marijuana production, processing, selling or delivery.
1. The production, processing, selling, or delivery of marijuana, marijuana -infused
products, or useable marijuana may not be conducted in association with any business
establishment, dwelling unit, or home occupation located in any of the following areas:
Low Density Residential
Medium Density Residential
High Density Residential
Mixed Use Office
Office
Residential Commercial Center
Neighborhood Commercial Center
Regional Commercial
Regional Commercial Mixed Use
Tukwila Urban Center
Commercial/Light Industrial
Light Industrial
Manufacturing Industrial Center/Light
Manufacturing Industrial Center/Heavy
2. Violations.
a. Any person violating or failing to comply with the provisions of this section of the
Tukwila Municipal Code shall be subject to enforcement as prescribed in TMC 8.45 and the
issuance of a Notice of Violation and Order, in accordance with TMC 8.45.070, that shall carry
with it a cumulative monetary penalty of $1,000.00 per day for each violation from the date set for
compliance until compliance with the Notice of Violation and Order is achieved.
b. In addition to any penalty that may be imposed by the City, any person violating or
failing to comply with this section shall be liable for all damage to public or private property arising
from such violation, including the cost of restoring the affected area to its condition prior to the
violation.
c. Any penalties imposed under this section may be doubled should the
violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or secondary
school, playground, recreation center or facility, child care center, public park, public transit
center, or library, or any game arcade to which admission is not restricted to persons aged 21
years or older, as such terms are defined in WAC 314-55-010 as now enacted or hereafter
amended.
C. Growth of medical marijuana for the personal medical use of an individual qualifying
patient as defined in RCW 69.51A.010 is subject to strict compliance with all state regulations,
procedures and restrictions as set forth or hereafter adopted at RCW 69.51A.
D. The establishment, location, operation, licensing, maintenance or continuation of a
cooperative, as described in RCW 69.51, or medical cannabis collective gardens or dispensaries
as described in RCW 69.51A.085, is prohibited in all zones of the City. Any person who violates
this subsection (TMC 18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished
by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year,
or by both such fine and imprisonment.
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E. Any violation of this section is declared to be a public nuisance per se, and, in addition
to any other remedy provided by law or equity, may be abated by the City under the applicable
provisions of this code or state law. Such violations shall be enforced and appealed with the
procedures set forth in TMC 8.45. Each day any violation of this section occurs or continues shall
constitute a separate offense.
F. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or
practices and abate any condition which constitutes or will constitute a violation of this section of
the TMC. The remedies and penalties provided herein are cumulative and shall be in addition to
any other remedy provided by law.
18.50.220 Accessory Dwelling Unit (ADU) Standards
A. For the purposes of this section, terms shall be defined as follows:
1. "Major transit stop" means a stop on a high -capacity transportation system funded or
expanded under the provisions of RCW 81.104, including but not limited to: commuter rail stops,
stops on rail or fixed guideway systems, including transitways, stops on bus rapid transit routes,
or routes that run on high -occupancy vehicle lanes, stops for a bus or other transit mode providing
actual fixed route service at intervals of at least fifteen minutes for at least five hours during the
peak hours of operation on weekdays.
2. "Principal Unit" means the single-family housing unit, duplex, triplex, townhome, or other
housing unit located on the same lot as an accessory dwelling unit.
B. General Standards.
1. Two (2) ADUs may be created per lot. The lot shall contain one (1) principal unit and a
maximum of two (2) ADUs. These ADUs may be either attached or detached.
2. Attached ADUs may occupy a maximum of 40% of the square footage of the principal
unit (excluding the area of any attached garage) or up to 1,000 square feet, whichever is greater.
3. Detached ADUs may be a maximum of 1,000 square feet. If built over a detached
garage, the detached garage would not count toward the area limit for the ADU.
4. Detached ADUs may be up to 25 feet in height.
5. ADUs are subject to the development standards of the zoning district they are located
within. Development standards relating to setbacks and development coverage do not apply to
conversions of existing non -conforming structures that are proposed for ADU conversion. New
ADUs are not subject to rear yard setbacks on parcels where the rear yard abuts an alley.
6. ADUs may not be rented for periods of less than 30 days.
C. Parking.
1. See Figure 18-7 for parking requirements.
2. Tandem spaces are permitted.
18.50.230 Residential Conversions
A) Applicability
1) Any building may convert to residential in conformance with this section if the
building is: (1) located in a residentially zoned area and (2) has a certificate of
occupancy that is three (3) or more years old as of the date of the permit application to
add residential unit(s).
2) Residential conversions are subject to all applicable development standards.
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3) Additional standards that apply to residential conversations are listed in TMC
18.50.230(C).
B) Exceptions
1) The standards in TMC 18.50.230(C) do not apply to:
a) Residential conversions to emergency or transitional housing; and
b) Residential conversions of ground floor space required as part of a mixed -
use development adjacent to designated major pedestrian corridors.
C) Additional Standards
1) Density: Converted buildings may not exceed the density limit beyond 50% of the
maximum unit density standard of the underlying zone, if such density standards exist in the
underlying zone.
2) Parking: No additional parking is required for residential conversions.
3) Design: No additional exterior design requirements shall be required for residential
conversions unless deemed necessary by the Director for public health and safety.
4) Nonconformity: Nonconforming aspects of an existing building shall not prevent a
residential conversion, unless the Director determines the nonconformity is causing a
public health or safety problem.
5) Traffic and Environment: no traffic concurrency study or environmental study is
required for residential conversions.
Figure 61 (Major Pedestrian Corridor)
184
Major
Pedestrian
Corridor
Pedestrian
Corridor
1/18/2025
185
18.50.240 Home Occupations
A. Home occupations shall meet the following standards:
1. There shall be no change in the outside appearance of the surrounding residential
development;
2. No home occupation shall be conducted in any accessory building. This provision shall
not apply to adult family homes as defined in RCW 70.128.010 or community facilities as defined
in RCW 72.05.020;
3. Traffic generated by a home occupation shall not exceed two (2) visitors at any given
time, and no more than eight (8) total two-way visitor and non-resident employee trips per day;
4. The number of vehicles associated with a home -occupation shall not exceed two (2)
vehicles and must be parked on -site. Vehicles associated with the business shall not exceed:
a. A gross vehicle weight of 10,000 pounds;
b. A height of ten (10) feet; or
c. A length of 22 feet;
5. An off-street parking space shall be made available for any non-resident employee. All
parking spaces shall meet all development standards;
6. The business shall not involve more than one person who is not a resident of the
dwelling. This provision shall not apply to adult family homes as defined in RCW 70.128.010 or
community facilities as defined in RCW 72.05.020; and
7. Outdoor storage of materials associated with a home occupation is prohibited.
18.50.250 Emergency Housing and Emergency Shelter Criteria
A. Emergency housing and emergency shelter facilities are allowed subject to the following
criteria:
1. It must be a 24-hour-a-day facility where beds or rooms are assigned to specific
residents for the duration of their stay.
2. On -site services such as laundry, hygiene, meals, case management, and social
programs are limited to the residents of the facility and not available for drop -in use by non-
residents.
3. The facility must be located within a half mile walking distance of a bus or rail transit stop.
4. Facilities must be at least a half mile from any other emergency housing or emergency
shelter, calculated as a radius from the property lines of the site. This distance may be reduced
upon the applicant submitting documentation that there is a barrier such as a river or freeway
preventing access between the facilities, and the path of travel between them on public roads or
trails is at least half a mile.
5. The maximum number of residents in a facility is limited to the general capacity of the
building but in no case more than 45.
6. Buildings must have secure entrances staffed 24/7, with individual units only accessible
through interior corridors.
18.50.260 Permanent Supportive Housing and Transitional Housing Criteria
186
A. Permanent supportive housing and transitional housing facilities are allowed subject to
the following criteria:
1. On -site services such as laundry, hygiene, meals, case management, and social
programs are limited to the residents of the facility and not available for drop -in use by non-
residents.
2. The facility must be located within a half mile walking distance of a bus or rail transit stop.
3. Facilities must be at least a half mile from any other permanent supportive housing or
transitional housing, calculated as a radius from the property lines of the site. This distance may
be reduced upon the applicant submitting documentation that there is a barrier such as a river or
freeway preventing access between the facilities, and the path of travel between them on public
roads or trails is at least half a mile.
4. The maximum number of residents in a facility is limited to the general capacity of the
building but in no case more than 15 in LDR, 30 in MDR, and 45 in HDR or other zones.
5. Buildings must have secure entrances staffed 24/7, with individual units only accessible
through interior corridors.
18.50.270 Memorandum of Agreement for Emergency Housing, Emergency Shelter,
Permanent Supportive Housing or Transitional Housing
A. Prior to the start of operation, the City and facility operator shall develop and execute a
Memorandum of Agreement containing, at a minimum, the following items:
1. A Good Neighbor Agreement addressing the following items:
a. Quiet hours,
b. Smoking areas,
c. Security procedures,
d. Litter, and
e. Adequacy of landscaping and screening.
2. A Code of Conduct establishing a set of standards and expectations that residents must
agree to follow.
3. A parking plan approved by the City showing that the facility has adequate parking to
meet the expected demand from residents, staff, service providers and visitors. Residents may
not park off -site and all vehicles must be operational.
4. A coordination plan with both the Police and Fire Departments, including protocols for
response to the facility and to facility residents throughout the City and a maximum number of
responses threshold for law enforcement services as established by calls for services in TMC
5.60.040 through 5.60.060. If calls for law enforcement services exceed the agreed upon
threshold in any given quarter, the facility operator will work with the City to reduce calls below
the threshold level.
5. A requirement to provide regular reports to the City's Human Services Program
Coordinator on how facilities are meeting performance metrics such as placement of residents
into permanent housing or addiction treatment programs.
187
188
Attachment B
CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1042
Chapter 285, Laws of 2023
68th Legislature
2023 Regular Session
USE OF EXISTING BUILDINGS FOR RESIDENTIAL PURPOSES
EFFECTIVE DATE: July 23, 2023
Passed by the House April 14, 2023 CERTIFICATE
Yeas 96 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 5, 2023
Yeas 45 Nays 3
DENNY HECK
President of the Senate
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
1042 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved May 4, 2023 3:07 PM FILED
JAY INSLEE
Governor of the State of Washington
May 5, 2023
Secretary of State
State of Washington
189
ENGROSSED SUBSTITUTE HOUSE BILL 1042
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington
68th Legislature 2023 Regular Session
By House Housing (originally sponsored by Representatives Walen, Ryu,
Barkis, Simmons, Duerr, Goodman, Bateman, Reed, Ramel, Peterson,
Pollet, Doglio, Macri, Reeves, Mena, Tharinger, Wylie, Gregerson,
Springer, Bergquist, Thai, Kloba, Santos, and Ormsby)
READ FIRST TIME 01/23/23.
1 AN ACT Relating to the creation of additional housing units in
2 existing buildings; amending RCW 43.21C.450; adding a new section to
3 chapter 35A.21 RCW; adding a new section to chapter 35.21 RCW; and
4 adding a new section to chapter 19.27A RCW.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. A new section is added to chapter 35A.21
7 RCW to read as follows:
8 (1)(a) Code cities must adopt or amend by ordinance, and
9 incorporate into their development regulations, zoning regulations,
10 and other official controls the requirements of subsection (2) of
11 this section for buildings that are zoned for commercial or mixed use
12 no later than six months after its next periodic comprehensive plan
13 update required under RCW 36.70A.130.
14 (b) The requirements of subsection (2) of this section apply and
15 take effect in any code city that has not adopted or amended
16 ordinances, regulations, or other official controls as required under
17 this section by the timeline in (a) of this subsection and supersede,
18 preempt, and invalidate any conflicting local development
19 regulations.
190
p. 1 ESHB 1042.SL
(2) Through ordinances, development regulations, zoning
regulations, or other official controls as required under subsection
(1) of this section, code cities may not:
(a) Impose a restriction on housing unit density that prevents
the addition of housing units at a density up to 50 percent more than
what is allowed in the underlying zone if constructed entirely within
an existing building envelope in a building located within a zone
that permits multifamily housing, provided that generally applicable
health and safety standards, including but not limited to building
code standards and fire and life safety standards, can be met within
the building;
(b) Impose parking requirements on the addition of dwelling units
or living units added within an existing building, however, cities
may require the retention of existing parking that is required to
satisfy existing residential parking requirements under local laws
and for nonresidential uses that remain after the new units are
added;
(c) With the exception of emergency housing and transitional
housing uses, impose permitting requirements on the use of an
existing building for residential purposes beyond those requirements
generally applicable to all
building's zone;
(d) Impose design standard requirements, including setbacks,
coverage, and floor area ratio requirements, on the use of
residential development
within
the
lot
an
existing building for residential purposes beyond those requirements
generally applicable to all residential development within the
building's zone;
(e) Impose exterior design or architectural requirements on the
residential use of an existing building beyond those necessary for
health and safety of the use of the interior of the building or to
preserve character -defining streetscapes, unless the building is a
designated landmark or is within a historic district established
through a local preservation ordinance;
(f) Prohibit the addition of housing units in any specific part
of a building except ground floor commercial or retail that is along
a major pedestrian corridor as defined by the code city, unless the
addition of the units would violate applicable building codes or
health and safety standards;
(g) Require unchanged portions of an existing building used for
residential purposes to meet the current energy code solely because
p. 2 ESHB 19 2.SL
1 of the addition of new dwelling units within the building, however,
2 if any portion of an existing building is converted to new dwelling
3 units, each of those new units must meet the requirements of the
4 current energy code;
5 (h) Deny a building permit application for the addition of
6 housing units within an existing building due to nonconformity
7 regarding parking, height, setbacks, elevator size for gurney
8 transport, or modulation, unless the code city official with
9 decision -making authority makes written findings that the
10 nonconformity is causing a significant detriment to the surrounding
11 area; or
12 (i) Require a transportation concurrency study under RCW
13 36.70A.070 or an environmental study under chapter 43.21C RCW based
14 on the addition of residential units within an existing building.
15 (3) Nothing in this section requires a code city to approve a
16 building permit application for the addition of housing units
17 constructed entirely within an existing building envelope in a
18 building located within a zone that permits multifamily housing in
19 cases in which the building cannot satisfy life safety standards.
20 (4) For the purpose of this section, "existing building" means a
21 building that received a certificate of occupancy at least three
22 years prior to the permit application to add housing units.
23 NEW SECTION. Sec. 2. A new section is added to chapter 35.21
24 RCW to read as follows:
25 (1)(a) Cities must adopt or amend by ordinance, and incorporate
26 into their development regulations, zoning regulations, and other
27 official controls the requirements of subsection (2) of this section
28 for buildings that are zoned for commercial or mixed use no later
29 than six months after its next periodic comprehensive plan update
30 required under RCW 36.70A.130.
31 (b) The requirements of subsection (2) of this section apply and
32 take effect in any city that has not adopted or amended ordinances,
33 regulations, or other official controls as required under this
34 section by the timeline in (a) of this subsection and supersede,
35 preempt, and invalidate any conflicting local development
36 regulations.
37 (2) Through ordinances, development regulations, zoning
38 regulations, or other official controls as required under subsection
39 (1) of this section, cities may not:
192
p. 3
ESHB 1042.SL
(a) Impose a restriction on housing unit density that prevents
the addition of housing units at a density up to 50 percent more than
what is allowed in the underlying zone if constructed entirely within
an existing building envelope in a building located within a zone
that permits multifamily housing, provided that generally applicable
health and safety standards, including but not limited to building
code standards and fire and life safety standards, can be met within
the building;
(b) Impose parking requirements on the addition of dwelling units
or living units added within an existing building, however, cities
may require the retention of existing parking that is required to
satisfy existing residential parking requirements under local laws
and for nonresidential uses that remain after the new units are
added;
(c) With the exception of emergency housing and transitional
housing uses, impose permitting requirements on the use of an
existing building for residential purposes beyond those requirements
generally applicable to all
building's zone;
(d) Impose design standard requirements, including setbacks,
coverage, and floor area ratio requirements, on the use of
residential development
within
the
lot
an
existing building for residential purposes beyond those requirements
generally applicable to all residential development within the
building's zone;
(e) Impose exterior design or architectural requirements on the
residential use of an existing building beyond those necessary for
health and safety of the use of the interior of the building or to
preserve character -defining streetscapes, unless the building is a
designated landmark or is within a historic district established
through a local preservation ordinance;
(f) Prohibit the addition of housing units in any specific part
of a building except ground floor commercial or retail that is along
a major pedestrian corridor as defined by each city, unless the
addition of the units would violate applicable building codes or
health and safety standards;
(g) Require unchanged portions of an existing building used for
residential purposes to meet the current energy code solely because
of the addition of new dwelling units within the building, however,
if any portion of an existing building is converted to new dwelling
p. 4 ESHB 1932.SL
1 units, each of those new units must meet the requirements of the
2 current energy code;
3 (h) Deny a building permit application for the addition of
4 housing units within an existing building due to nonconformity
5 regarding parking, height, setbacks, elevator size for gurney
6 transport, or modulation, unless the city official with decision-
7 making authority makes written findings that the nonconformity is
8 causing a significant detriment to the surrounding area; or
9 (i) Require a transportation concurrency study under RCW
10 36.70A.070 or an environmental study under chapter 43.21C RCW based
11 on the addition of residential units within an existing building.
12 (3) Nothing in this section requires a city to approve a building
13 permit application for the addition of housing units constructed
14 entirely within an existing building envelope in a building located
15 within a zone that permits multifamily housing in cases in which the
16 building cannot satisfy life safety standards.
17 (4) For the purpose of this section, "existing building" means a
18 building that received a certificate of occupancy at least three
19 years prior to the permit application to add housing units.
20
21
22
23
24
25
26
27
28
NEW SECTION. Sec. 3. A new section is added to chapter 19.27A
RCW to read as follows:
By January 1, 2024, the state building code council shall adopt
by rule an
requirement
residential
amendment to the current energy code that waives the
for unchanged portions of an existing building used for
purposes to meet the current energy code
solely because
of the addition of new dwelling units within the building. New
dwelling units created within the existing building must meet the
requirements of the current energy code.
29 Sec. 4. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each
30 amended to read as follows:
31 The following nonproject actions are categorically exempt from
32 the requirements of this chapter:
33 (1) Amendments to development regulations that are required to
34 ensure consistency with an adopted comprehensive plan pursuant to RCW
35 36.70A.040, where the comprehensive plan was previously subjected to
36 environmental review pursuant to this chapter and the impacts
37 associated with the proposed regulation were specifically addressed
38 in the prior environmental review;
194
p. 5
ESHB 1042.SL
1 (2) Amendments to development regulations that are required to
2 ensure consistency with a shoreline master program approved pursuant
3 to RCW 90.58.090, where the shoreline master program was previously
4 subjected to environmental review pursuant to this chapter and the
5 impacts associated with the proposed regulation were specifically
6 addressed in the prior environmental review;
7 (3) Amendments to development regulations that, upon
8 implementation of a project action, will provide increased
9 environmental protection, limited to the following:
10 (a) Increased protections for critical areas, such as enhanced
11 buffers or setbacks;
12 (b) Increased vegetation retention or decreased impervious
13 surface areas in shoreline jurisdiction; and
14 (c) Increased vegetation retention or decreased impervious
15 surface areas in critical areas;
16 (4) Amendments to technical codes adopted by a county, city, or
17 town to ensure consistency with minimum standards contained in state
18 law, including the following:
19 (a) Building codes required by chapter 19.27 RCW;
20 (b) Energy codes required by chapter 19.27A RCW; and
21 (c) Electrical codes required by chapter 19.28 RCW.
22 (5) Adoption or amendment of ordinances, development regulations,
23 zoning regulations, and other official controls necessary to comply
24 with sections 1 and 2 of this act.
Passed by the House April 14, 2023.
Passed by the Senate April 5, 2023.
Approved by the Governor May 4, 2023.
Filed in Office of Secretary of State May 5, 2023.
--- END ---
p. 6 ESHB 1852.SL