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HomeMy WebLinkAboutReg 2012-05-07 Item 6B - Amendments - 2012 Housekeeping Code AmendmentsCOUNCIL AGENDA SYNOPSIS AGENDA ITEM TITLE Initials Meetina Date Prepared by 11yor's eview 04/23/12 MD 05/07/12 MD ITEM INFORMATION STAFF SPONSOR: MINNIE DHALIWAL 2012 Housekeeping Code Amendments Council review] r sr ITEM NO. ORIGINAL AGENDA DATE: 04/23/12 CATEGORY ®Discussion ❑Motion Resolution Ordinance Bid Award Public Hearing E] Other MI g Date 04/23/12 Mtg Date Mtg Date Mtg Date 05/07/12 Mtg Date Mtg Date 04123112 Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&'R Police PW SPONSOR'S The Council is being asked to consider some housekeeping code changes to Tukwila SUMMARY Municipal Code. The proposed code changes range from code clarification to updating development regulations and permit processes. The Council is being asked to hold a public hearing on 4/23/12 and schedule the adoption of the proposed changes on 5/7/12. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 04/09/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED Fund Source: Comments: MTG. DATE 04/23/12 MTG. DATE 04/23/12 05/07/12 AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION Forward to next Regular Meeting with amendments I_j i1T43:Il,I:IaK Informational Memorandum dated 4/18/12 Draft Ordinances: Titles 18 &5, 8.07, 8.22, 8.25, 8.28, 8.45, 21.04 Minutes from the Planning Commission meetings of 1/26/12 2/23/12 Table outlining current rezone process the Planning Commission recommendations Memo to Community Affairs and Parks Committee dated 10/5/11, regarding single family residential development standards along with the attachments and minutes of meeting Comparison of building height standards of Tukwila and some neighboring cities Map showing the location of manufactured homes in Tukwila Photos of some of the manufactured homes in Tukwila Minutes from the Community Affairs and Parks Committee meeting of 04/09/12 Ordinances in final form; Title 18 "Zoning" ordinance in strike -thru underline format 97 RX CI of Tukwi 1 1 ar% Washington Ordinance No, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 5, "BUSINESS LICENSE AND REGULATIONS," AND TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS; REPEALING ORDINANCE NO. 1482 §1 (PART), AS CODIFIED AT TMC SECTION 5.44.130, ORDINANCE NO. 1758 §1 (PART), AS CODIFIED AT TMC SECTION 18.06.681, AND ORDINANCE NOS. 2075 §1 (PART) AND 1758 §1 (PART), AS CODIFIED AT TMC SECTIONS 18.06.932 AND 18.06.933; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Zoning Code establishes procedures for processing site specific rezones and the City of Tukwila (the "City wishes to clarify those procedures to meet state law requirements; and WHEREAS, the Zoning Code establishes design standards for single family dwelling units and the City wishes to allow exceptions to those standards for the replacement of single wide manufactured homes with newer manufactured homes; and WHEREAS, Title 5 of the Tukwila Municipal Code (TMC) has some sections that reference zoning designations and the City wishes to correct the inaccurate references, and WHEREAS, the Zoning Code includes a definitions section and the City wishes to update it to include a definition of tow truck operations, and to delete the definitions of regulated and isolated wetlands to be consistent with the Environmentally Sensitive Areas Chapter; and WHEREAS, the Zoning Code establishes thresholds for when projects are subject to design review and the City wishes to update the thresholds to be consistent with the recently adopted Shoreline Master Program, clarify thresholds and criteria for non- residential development in the Low Density Residential zone, and clarify when modifications to design review approvals are required; and W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 1 of 71 w e WHEREAS, the Zoning Code establishes permit application types and procedures and the City desires consistency throughout the different sections of the TMC; and WHEREAS, the Zoning Code establishes landscaping regulations and the City wishes to clarify regulations pertaining to illegal removal of required landscaping; and WHEREAS, the Zoning Code establishes procedures for public notice and the City wishes to update the mailing procedures to allow sending the notice of decision by email; and WHEREAS, the Zoning Code establishes building height regulations for different areas of the City and the City wishes to correct the building height exception areas map that was part of the update adopted on December 3, 2007 (Ordinance No. 2186); and WHEREAS, changes to the allowed uses in the Manufacturing /Industrial Center Light (MIC /L) and Manufacturing /Industrial Center Heavy (MIC /H) zones were made as part of the Comprehensive Plan update and adopted by Ordinance No. 2335, which grouped manufacturing uses under two sub categories: a) those with little potential for creating off -site impacts and (b) those with moderate to substantial potential for creating off -site impacts; and the City wishes to follow the same format for other zones that allow manufacturing uses; and WHEREAS, on January 11, 2012, the City's SEPA Responsible Official issued a Determination of Non Significance on the proposed amendments; and WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 2, 2012, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Chapter 5.44, "Tow Truck Businesses," Amended. Ordinance Nos. 2355 §16 and 1482 §1 (part), as codified at TMC Section 5.44.030, "License Application," are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 2 of 71 100 A. Every person desiring to operate or have charge of a tow truck business within the City shall make a written application to the Finance Director for a license to do so. B. Such application shall be referred to the Community Development Director for review to insure the proper location and screening of the proposed operation as set forth in TMC Title 18. Won Height Limit Lowest Grade W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 3 of 71 101 Height Limit Lowest Grade W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 3 of 71 101 Section 2. TMC Section .Adopted. Chapter 18.06, "Definitions," as follows: A new section is hereby added to TMC 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. Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Wetland Edge," is hereby amended to read as follows: Wetland Edge "Wetland edge" means the boundary of a wetland as delineated based on the approved federal wetland delineation manual and applicable regional supplements. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 4 of 71 102 Ave rage Grade or Lowe sk Grade for a ash se ction Section 4. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. Ordinance Nos. 2251 §11, 1989 §2, 1976 §18, and 1758 §1 (part), as codified at TMC Section 18.10.030, "Accessory Uses," subparagraph 3, are hereby amended to read as follows: 3. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. Section 5. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. Ordinance Nos. 2257 §5, 2251 §13, and 1865 §7, as codified at TMC Section 18.10.055, "Design Review," are hereby amended to read as follows: Design review is required for all conditional uses, unclassified uses, or non residential development within the shoreline jurisdiction that involve construction of a new building or exterior changes if the cost of the exterior work equals or exceeds 10% of the building's assessed valuation. Design review is required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone as well as development in the Urban Overlay District. Section 6. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. Ordinance Nos. 2251 §14, 1989 §3, 1976 §21 and 1758 §1 (part), as codified at TMC Section 18.12.030, "Accessory Uses," subparagraph 3, are hereby amended to read as follows: 3. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. Section 7. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. Ordinance Nos. 2251 §16, 2005 §1, 1865 §11, and 1758 §1 (part), as codified at TMC Section 18.12.060, "Design Review," are hereby amended to read as follows: Design review is required for all new multi family structures, mobile or manufactured home parks, developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone, and in 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. Multi- family structures up to 1,500 square feet will be reviewed administratively. Section 8. TMC Chapter 18.14, "High Density Residential (HDR) District," Amended. Ordinance Nos. 2251 §17, 1989 §4, 1976 §25, and 1758 §1 (part), as codified at TMC Section 18.14.030, "Accessory Uses," subparagraph 3, are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 5 of 71 103 3. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. UK" Section 9. TMC Chapter 18.14, "High Density Residential (HDR) District," Amended. Ordinance Nos. 2005, §2, 1865 §15, and 1758 §1 (part), as codified at TMC Section 18.14.060, "Design Review," are hereby amended to read as follows: Design review is required for all multi family structures, mobile or manufactured home parks, developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone, and in 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. Multi- family structures up to 1,500 square feet will be reviewed administratively. Section 10. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. Ordinance Nos. 2251 §20, 1976 §29, and 1758 §1 (part), as codified at TMC Section 18.16.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. Section 11. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. Ordinance Nos. 2005 §3 and 1758 §1 (part), as codified at TMC Section 18.16.070, "Design Review," are hereby amended to read as follows: Design review is required for 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, for commercial structures 1,500 square feet or larger outside the shoreline jurisdiction, for all structures containing multi family dwellings and all structures in the Tukwila International Boulevard corridor. Commercial structures between 1,500 and 5,000 square feet, multi family structures up to 1,500 square feet, and all buildings up to 1,500 square feet in the Tukwila International Boulevard corridor will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 12. TMC Chapter 18.18, "Office (0) District," Amended. Ordinance Nos. 2251 §24, 1976 §32, and 1758 §1 (part), as codified at TMC Section 18.18.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 6 of 71 Section 13. TMC Chapter 18.18, "Office (0) District," Amended. Ordinance Nos. 2005 §4 and 1758 §1 (part), as codified at TMC Section 18.18.070, "Design Review," are hereby amended to read as follows: Design review is required for 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, and for commercial structures 1,500 square feet or larger outside the shoreline jurisdiction. Commercial structures between 1,500 and 5,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 14. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. Ordinance Nos. 2251 §27, 1976 §37, and 1758 §1 (part), as codified at TMC Section 18.20.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. Section 15. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. Ordinance Nos. 2005 §5 and 1758 §1 (part), as codified at TMC Section 18.20.070, "Design Review," are hereby amended to read as follows: Design review is required for all new commercial and multifamily structures and 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. Commercial and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 16. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. Ordinance Nos. 2251 §30, 1976 §41, and 1758 §1 (part), as codified at TMC Section 18.22.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. Section 17. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. Ordinance Nos. 2005 §6 and 1758 §1 (part), as codified at TMC Section 18.22.070, "Design Review," are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 7 of 71 105 Design review is required for all commercial and for all multi family structures and 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. Commercial and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet or in the Tukwila International Boulevard corridor. Section 18. TMC Chapter 18.24, "Regional Commercial Center (RC) District," Amended. Ordinance Nos. 2287 §13, 2251 §32, 2021 §2, 1986 §7, 1971 §10, 1865 §27, 1830 §14, 1814 §2 (part), and 1758 §1 (part), as codified at TMC Section 18.24.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Regional Commercial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 8 of 71 106 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2 -4, Recreation Space Requirements. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Pharmaceuticals and related products, such as cosmetics and drugs; b. Previously prepared materials including, but not limited to, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; c. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Medical and dental laboratories. 30. Mortician and funeral homes. 31. Motels. 32. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations Cl. professional e. administrative f. business, such as travel, real estate g. commercial W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 9 of 71 33. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 34. Planned shopping center (mall). 35. Plumbing shops (no tin work or outside storage). 36. Recreation facilities (commercial indoor), athletic or health clubs. 37. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 38. Religious facility with an assembly area less than 750 square feet. 39. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 40. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 41. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 42. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 43. Schools and studios for education or self- improvement. 44. Self- storage facilities. 45. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. code. to be: 46. Studios art, photography, music, voice and dance. 47. Taverns, nightclubs. 48. Telephone exchanges. 49. Theaters, excluding adult entertainment establishments, as defined by this 50. Warehouse storage and /or wholesale distribution facilities. 51. Other uses not specifically listed in this title, which the Director determines a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 19. TMC Chapter 18.24, "Regional Commercial Center (RC) District," Amended. Ordinance Nos. 2251 §33, 1989 §5, 1976 §43, and 1758 §1 (part), as codified at TMC Section 18.24.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 10 of 71 i 4. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. Section 20. TMC Chapter 18.24, "Regional_ Commercial Center (RC) District," Amended. Ordinance Nos. 2287 §14, 2251 §34, 2135 §10, 1974 §3 1865 §28, 1830 §15, and 1758 §1 (part), as codified at TMC Section 18.24.040, "Conditional Uses," subparagraph 12, are hereby amended to read as follows: 12. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. Section 21. TMC Chapter 18.24, "Regional Commercial Center (RC) District," Amended. Ordinance Nos. 2005 §7, 1865 §30, and 1758 §1 (part), as codified at TMC Section 18.24.070, "Design Review," are hereby amended to read as follows: Design review is required for 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, and all hotels and motels and for other commercial structures 1,500 square feet or larger outside the shoreline jurisdiction. Outside of the Tukwila International Boulevard corridor, commercial structures between 1,500 and 5,000 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. 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. Commercial and multi family structures up to 1,500 square feet will be reviewed administratively. Section 22. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. Ordinance Nos. 2287 §15, 2251 §35, 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814 §2, and 1758 §1 (part), as codified at TMC Section 18.26.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Regional Commercial Mixed Use District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 11 of 71 109 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi family units above office and retail uses. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial)., 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 12 of 71 Mi, 28. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Pharmaceuticals and related products, such as cosmetics and drugs; .b. Previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, the and wood; c. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Medical and dental laboratories. 30. Mortician and funeral homes. 31. Motels. 32. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 33. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 34. Planned shopping center (mall). 35. Plumbing shops (no tin work or outside storage). 36. Recreation facilities (commercial indoor), athletic or health clubs. 37. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 38. Religious facility with an assembly area less than 750 square feet. 39. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 40. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 41. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 42. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 43. Schools and studios for education or self- improvement. 44. Self- storage facilities. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 13 of 71 111 45. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 46. Studios art, photography, music, voice and dance. 47. Taverns, nightclubs. 48. Telephone exchanges. 49. Theaters, excluding adult entertainment establishments, as defined by this code. 50. Warehouse storage and /or wholesale distribution facilities. 51 Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 23. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. Ordinance Nos. 2287 §16, 2251 §37, 2135 §11, 1974 §4, 1865 §32, 1830 §18, and 1758 §1 (part), as codified at TMC Section 18.26.040, "Conditional Uses," subparagraph 11, are hereby amended to read as follows: 11. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. Section 24. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. Ordinance Nos. 2005 §8 and 1758 §1 (part), as codified at TMC Section 18.26.070, "Design Review," are hereby amended to read as follows: Design review is required for 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, and for commercial structures 1,500 square feet or larger and for all structures containing multi family dwellings outside the shoreline jurisdiction. Commercial structures between 1,500 and 5,000 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 25. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance Nos. 2287 §17, 2251 §38, and 2084 §2 (part), as codified at TMC Section 18.28.020, "Permitted Uses," are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 14 of 71 112 The following uses are permitted outright within the Tukwila Urban Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Extended -stay hotel /motel. 18. Financial: a. banking b. mortgage c. other services 19. Fix -it, radio or television repair shops /rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Internet data /telecommunication centers. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 15 of 71 113 27. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 28. Libraries, museums or art galleries (public). 29. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including, but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Foods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering), b. Pharmaceuticals and related products, such as cosmetics and drugs, c. Previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 30. Medical and dental laboratories. 31. Mortician and funeral homes. 32. Motels. 33. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 34. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 35. Pawnbrokers 36. Planned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). 38. Railroad tracks (including lead, spur, loading or storage). 39. Recreation facilities (commercial indoor), athletic or health clubs. 40. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 41. Religious facility with an assembly area less than 750 square feet. 42. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 16 of 71 114 43. Restaurants, including: a. drive through, b. sit down, c. cocktail lounges in conjunction with a restaurant. 44. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 45. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 46. Schools and studios for education or self improvement. 47. Self- storage facilities. 48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 49. Studios art, photography, music, voice and dance. 50. Taverns, nightclubs. 51. Telephone exchanges. 52. Theaters, excluding adult entertainment establishments, as defined by this code. 53. Warehouse storage and /or wholesale distribution facilities. 54. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district, and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 26. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance Nos. 2251 §39 and 2084 §2 (part), as codified at TMC Section 18.28.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. Section 27. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance Nos. 2287 §18, 2251 §40, 2135 §12, 2097 §15, and 2084 §2 (part), as codified at TMC Section 18.28.040, "Conditional Uses," subparagraph 14, are hereby amended to read as follows: 14. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to manufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 17 of 71 115 Section 28. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section 18.28.070, "Design Review," is hereby amended to read as follows: Design review is required for 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, and for all commercial structures larger than 1,500 square feet, and for all structures containing multi family development outside the shoreline jurisdiction. Commercial structures between 1,500 and 2,500 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 29. TMC Chapter 18.30, "Commercial /Light Industrial (C /LI) District," Amended. Ordinance Nos. 2287 §20, 2251 §41, 2021 §5, 1986 §10, 1974 §6, 1971 §13, 1830 §23, 1814 §2, and 1758 §1 (part), as codified at TMC Section 18.30.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Commercial Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property, (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 18 of 71 1■ O 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground -floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Daycare centers. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Heavy equipment repair and salvage. 25. Hotels. 26. Industries involved with etching, film processing, lithography, printing and publishing. 27. Internet data /telecommunication centers. 28. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 19 of 71 117 29. Libraries, museums or art galleries (public). 30. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Foods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. Previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, the and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, but limited only to manufacturing, processing, assembly, packaging and /or repair of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 32. Medical and dental laboratories. 33. Mortician and funeral homes. 34. Motels. 35. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e administrative f. business, such as travel, real estate g. commercial 36. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 37. Pawnbrokers. 38. Planned shopping center (mall). 39. Plumbing shops (no tin work or outside storage). 40. Railroad tracks (including lead, spur, loading or storage). 41. Recreation facilities (commercial indoor), athletic or health clubs. 42. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 43. Religious facility with an assembly area less than 750 square feet. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 20 of 71 L 45. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 46. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 47. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 48. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 49. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 50. Salvage and wrecking operations that are entirely enclosed within a building. 51. Schools and studios for education or self improvement. 52. Self- storage facilities. 53. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 54. Studios art, photography, music, voice and dance. 55. Taverns, nightclubs. 56. Telephone exchanges. 57. Theaters, excluding adult entertainment establishments, as defined by this code. 58. Tow truck operations, subject to all additional State and local regulations. 59. Truck terminals. 60. Warehouse storage and /or wholesale distribution facilities. 61. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 30. TMC Chapter 18.30, "Commercial /Light Industrial (C /LI) District," Amended. Ordinance Nos. 2287 §21, 2251 §43, 2135 §13, 1865 §36, 1830 §24, and 1758 §1 (part), as codified at TMC Section 18.30.040, "Conditional Uses," are hereby amended to read as follows: The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 21 of 71 119 1. Amusement parks. 2. Animal shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 11. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, including but not limited to, manufacturing, processing, assembly, packaging and /or repair of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses; c. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 12. Park and -ride lots. 13. Radio, television, microwave or observation stations, and towers. 14. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 15. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work and the assembly of products from the above materials. Section 31. TMC Chapter 18.30, "Commercial /Light Industrial (C /LI) District," Amended. Ordinance Nos. 2005 §10 and 1758 §1 (part), as codified at TMC Section 18.30.070, "Design Review," are hereby amended to read as follows: Design review is required for new developments within 300 feet of residential districts, 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, or for developments larger than 1,500 square feet outside the shoreline jurisdiction. Commercial structures between 1,500 and 10,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 22 of 71 120 Section 32. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. Ordinance Nos. 2287 §23, 2251 §44, 2021 §6, 1986 §11, 1974 §7, 1971 §14, 1814 §2, 1774 §1, and 1758 §1 (part), as codified at TMC Section 18.32.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities, (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 23 of 71 121 11. Commercial parking subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including, but not limited to, manufacturing, processing, repairing, packaging and /or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; b. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); c. Pharmaceuticals and related products, such as cosmetics and drugs, Cl. Previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tiles and woods; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, but limited only to manufacturing, processing or assembling of electrical or mechanical equipment, vehicles, and machines, including but not limited to, W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 24 of 71 122 heavy acid light machinery, tools, airplanes, boats and other transportation vehicles and equipment. 30. Medical and dental laboratories. 31. Mortician and funeral homes. 32. Motels. 33. Offices, including: a. outpatient medical clinic b. dental C. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 34. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 35. Pawnbrokers. 36. Planned shopping center (Mall). 37. Plumbing shops (no tin work or outside storage). 38. Railroad tracks (including lead, spur, loading or storage). 39. Recreation facilities (commercial indoor), athletic or health clubs. 40. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 41. Religious facility with an assembly area less than 750 square feet. 42. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 43. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 44. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 45. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 46. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 47. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 48. Salvage and wrecking operations that are entirely enclosed within a building. 49. Schools and studios for education or self improvement. 50. Self- storage facilities. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 25 of 71 123 51. Storage (outdoors) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 52. Taverns, nightclubs. 53. Telephone exchanges. 54. Theaters, excluding adult entertainment establishments, as defined by this code. 55. Tow truck operations, subject to all additional State and local regulations. 56. Truck terminals. 57. Warehouse storage and /or wholesale distribution facilities. 58. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 33. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. Ordinance Nos. 2287 §24, 2251 §46, 2135 §14, 1865 §38, and 1758 §1 (part), as codified at TMC Section 18.32.040, "Conditional Uses," are hereby amended to read as follows: The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animal shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals. 10. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including but not limited to, manufacturing, processing or assembling: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering; b. Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 26 of 71 124 11. Park and -ride lots. 12. Radio, television, microwave or observation stations and towers. 13. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 14. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 15. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 34. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. Ordinance Nos. 2005 §11 and 1758 §1 (part), as codified at TMC Section 18.32.070, "Design Review," are hereby amended to read as follows: Administrative design review is required for 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, or new developments within 300 feet of residential districts. Section 35. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. Ordinance Nos. 2287 §25, 2251 §47, 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814 §2, 1774 §2, and 1758 §1 (part), as codified at TMC Section 18.34.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities, (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.34.020.1.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 27 of 71 125 c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5 Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and I publishing 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 28 of 71 28. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, repairing, packaging and /or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; b. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, the and wood; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. Electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment, c. Previously manufactured metals, such as iron and steel fabrication, steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 30. Medical and dental laboratories. 31. Mortician and funeral homes. 32. Motels. 33. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 34. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 35. Pawnbrokers. 36. Planned shopping center (mall). 37. Plumbing shops (no tin work or outside storage). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 29 of 71 127 38. Railroad tracks (including lead, spur, loading or storage). 39. Recreation facilities (commercial indoor), athletic or health clubs. 40. Religious facility with an assembly area less than 750 square feet. 41. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 43. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant. 44. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 45. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 46. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 47. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 48. Salvage and wrecking operations. 49. Schools and studios for education or self- improvement. 50. Self- storage facilities. 51. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 52. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 53. Taverns, nightclubs. 54. Telephone exchanges. 55. Theaters, excluding adult entertainment establishments, as defined by this code. 56. Tow truck operations, subject to all additional State and local regulations. 57. Truck terminals. 58. Warehouse storage and /or wholesale distribution facilities. 59. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 30 of 71 128 Section 36. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. Ordinance Nos. 2005 §12, 1793 §1, and 1758 §1 (part), as codified at TMC Section 18.34.070, "Design Review," are hereby amended to read as follows: Administrative design review is required for 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, or new developments within 300 feet of residential developments. Administrative design review is also required for new developments that are outside the shoreline jurisdiction and over 45 feet in height. Section 37. TMC Chapter 18.36, "Manufacturing /Industrial Center Light (MIC /L) District," Amended. Ordinance Nos. 2335 §2, 2287 §27, 2251 §50, 2235 §6 (part), 2021 §8, 1986 §13, 1974 §9, 1954 §2, 1814 §2, 1774 §3, and 1758 §1 (part), as codified at TMC Section 18.36.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility, or (c) religious facility. b. The distances specified in TMC Section 18.36.020.1.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 31 of 71 129 2. Automotive services: a. gas, outside pumps allowed, b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Commercial laundries. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data /telecommunication centers. 12. Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; b. Food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); c. Pharmaceuticals and related products, such as cosmetics and drugs, d. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood, and e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, but limited only to manufacturing, processing, assembling, packaging and /or repairing of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 16. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 32 of 71 WE 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks, (including lead, spur, loading or storage). 19. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 20. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 21. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 22. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 23. Salvage and wrecking operations that are entirely enclosed within a building. 24. Self- storage facilities. 25. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 26. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, "Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 27. Taverns. 28. Telephone exchanges. 29. Tow truck operations, subject to all additional State and local regulations. 30. Truck terminals. 31. Warehouse storage and /or wholesale distribution facilities. 32. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 38. TMC Chapter 18.36, "Manufacturing /Industrial Center Light (MIC /L) District," Amended. Ordinance Nos. 2335 §5, 2005 §13, and 1758 §1 (part), as codified at TMC Section 18.36.070, "Design Review," are hereby amended to read as follows: Administrative design review is required for all new office development and other new developments within 300 feet of residential districts, or 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. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 33 of 71 131 Section 39. TMC Chapter 18.38, "Manufacturing /Industrial Center Heavy (MIC /H) District," Amended. Ordinance Nos. 2335 §6, 2287 §28, 2251 §52, 2235 §7, 2021 §9, 1986 §14, 1974 §10, 1971 §16, 1814 §2, 1774 §4, and 1758 §1 (part), as codified at TMC Section 18.38.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Manufacturing Industrial Center /Heavy District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject. to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1.,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or .(c) religious facility. b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Computer software development and similar uses. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 34 of 71 132 11. Internet data /telecommunication centers. 12. Laundries: a. self serve, b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; b. Food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); c. Pharmaceuticals and related products, such as cosmetics and drugs, d. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood; and e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering; b. Manufacturing, processing, assembly, packaging and repair of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); (2) Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses; and (3) Electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 16. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). 19. Recreation facilities (commercial indoor), athletic or health clubs. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 35 of 71 133 20. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 21. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 22. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 23. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 24. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 25. Salvage and wrecking operations. 26. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 27. Self- storage facilities. 28. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet, security required. 29. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 30. Taverns. 31. Telephone exchanges. 32. Tow truck operations, subject to all additional State and local regulations. 33. Truck terminals. 34. Warehouse storage and /or wholesale distribution facilities. 35. Other uses not specifically listed in this title, pursuant to TMC Section 18.104.010(2), which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 40. TMC Chapter 18.38, "Man ufacturing lndustrial Center Heavy (MIC /H) District," Amended. Ordinance Nos. 2335 §9, 2005 §14, and 1758 §1 (part), as codified at TMC Section 18.38.070, "Design Review," are hereby amended to read as follows: Administrative design review is required for all new office development and other developments within 300 feet of residential districts or 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. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 36 of 71 134 Section 41. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. Ordinance Nos. 2287 §30, 2251 §54, 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5, and 1758 §1 (part), as codified at TMC Section 18.40.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 37 of 71 135 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than 12 patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling one detached single family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel /motel. 20. Farming and farm related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix -it, radio or television repair shops /rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data /telecommunication centers. 30. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts of pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, the and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 38 of 71 W 33. Medical and dental laboratories. 34. Mortician and funeral homes. 35. Motels. 36. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 37. Pawnbrokers. 38. Planned shopping center (mall). 39. Plumbing shops (no tin work or outside storage). 40. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities (commercial indoor), athletic or health clubs. 43. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 44. Religious facility with an assembly area of less than 750 square feet. 45. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 46. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 47. Research and development facilities. 48. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 49. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 50. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 51. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 52. Salvage and wrecking operations that are entirely enclosed within a building. 53. Schools and studios for education or self- improvement. 54. Self- storage facilities. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 39 of 71 137 55. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. code. 56. Studios art, photography, music, voice and dance. 57. Taverns, nightclubs. 58. Telephone exchanges. 59. Theaters, excluding adult entertainment establishments, as defined by this 60. Tow truck operations, subject to all additional State and local regulations. 61. Truck terminals. 62. Warehouse storage and /or wholesale distribution facilities. 63. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 42. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. Ordinance Nos. 2251 §55, 1976 §59, and 1758 §1 (part), as codified at TMC Section 18.40.030, "Accessory Uses," subparagraph 3, are hereby amended to read as follows: 3. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. Section 43. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. Ordinance Nos. 2251 §56, 2135 §18, 1865 §46, 1830 §26, and 1758 §1 (part), as codified at TMC Section 18.40.040, "Conditional Uses," are hereby amended to read as follows: The following uses may be allowed within the Tukwila Valley South District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Drive -in theaters. 7. Dwelling Multi- family units (Max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non- industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 40 of 71 138 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to, manufacturing, processing, assembly, packaging and repair of: a. Electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; b. Chemicals, light metals, plastics, solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); c. Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses; d. Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 12. Park and ride lots. 13. Radio, television, microwave, or observation stations and towers. 14. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 15. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 16. Religious facility with an assembly area greater than 750 square feet and community center buildings. 17. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 18. Salvage and wrecking operations. 19. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 20. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. Section 44. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. Ordinance Nos. 2005 §15 and 1758 §1 (part), as codified at TMC Section 18.40.070, "Design Review," are hereby amended to read as follows: Design review is required for new development within 300 feet of residential districts, for 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, for developments larger than 1,500 square feet and for all multi family developments outside the shoreline jurisdiction. Commercial structures between 1,500 and 10,000 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 41 of 71 139 Section 45. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. Ordinance Nos. 2287 §31, 2251 §57, and 2235 §10 (part), as codified at TMC Section 18.41.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Tukwila South Overlay district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 42 of 71 MK 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single family unit per lot b. multi family c. multi family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel /motel. 22. Farming and farm related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix -it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data /telecommunication centers. 33. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing Cl. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 43 of 71 141 c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Medical and dental laboratories. 37. Motels. 38. Movie theaters with three or fewer screens. 39. Neighborhood stormwater detention and treatment facilities. 40. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate certain trucks). 50. Rental of commercial trucks and fleet rentals requiring a commercial g. commercial 41. Pawnbrokers. 42. Planned shopping center (mall) up to 500,000 square feet. 43. Plumbing shops (no tin work or outside storage). 44. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 45. Private stable. 46. Recreation facilities (commercial indoor), athletic or health clubs. 47. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 48. Religious facility with an assembly area of less than 750 square feet. 49. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and driver's license. 51. Research and development facilities. 52. Restaurants, including: a. drive through b. sit down liquor, lumber /building materials, lawn and garden supplies, farm supplies. c. cocktail lounges in conjunction with a restaurant 53. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 54. Retail sales of furniture, appliances, automobile parts and accessories, W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 44 of 71 MIA 55. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 56. Schools and studios for education or self- improvement. 57. Self- storage facilities. 58. Sewage lift stations. 59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 60. Studios art, photography, music, voice and dance. 61. Taverns, nightclubs. 62. Telephone exchanges. 63. Theaters for live performances only, not including adult entertainment establishments. 64. Tow truck operations, subject to all additional State and local regulations. 65. Water pump station. 66. Vehicle storage (no customers onsite, does not include park- and -fly operations). 67. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 46. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. Ordinance Nos. 2251 §58 and 2235 §10 (part), as codified at TMC Section 18.41.030, "Accessory Use," subparagraph 3, are hereby amended to read as follows: 3. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. Section 47. TMC Chapter 18.45, "Environmentally Sensitive Areas," Amended. Ordinance No. 2301 §1 (part), as codified at TMC Section 18.45.040, "Sensitive Areas Special Studies," subparagraph B.4.a.(1), is hereby amended to read as follows: 4. Identification and characterization of all sensitive areas, water bodies, and buffers adjacent to the proposed project area or potentially impacted by the proposed project as described in the following sections; a. Characterization of wetlands must include: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 45 of 71 143 (1) A wetland delineation report that includes methods used, field indicators evaluated and the results. Wetland delineation must be performed in accordance with approved federal wetland delineation manual and applicable regional supplements. Field data forms are to be included in the report. Data collection points are to be shown on the site plan with their corresponding numbers indicated. After the City of Tukwila confirms the boundaries, they are to be professionally surveyed to the nearest square foot and the site plan modified as necessary to incorporate the survey data. Exact wetland acreage will be calculated after the boundaries have been surveyed. Section 48. TMC Chapter 18.45, "Environmentally Sensitive Areas," Amended. Ordinance No. 2301 §1 (part), as codified at TMC Section 18.45.080, "Wetlands Designations, Ratings and Buffers," subparagraph A.1., is hereby amended to read as follows: A. WETLAND DESIGNATIONS. 1. For the purposes of TMC Chapter 18.45, "wetlands" are defined in the Definitions chapter of this title. A wetland boundary is the line delineating the outer edge of a wetland established by using the approved federal wetland delineation manual and applicable regional supplements. Section 49. TMC Chapter 18.45, "Environmentally Sensitive Areas," Amended. Ordinance No. 2301 §1 (part), as codified at TMC Section 18.45.120, "Areas of Potential Geologic Instability Designation, Rating and Buffers," subparagraph C, is hereby amended to read as follows: C. Each development proposal containing or threatened by an area of potential geologic instability Class 2 or higher shall be subject to a geotechnical report pursuant to the requirements of TMC Chapter 18.45.040, C, and 18.45.060. The geotechnical report shall analyze and make recommendations on the need for and width of any setbacks or buffers necessary to achieve the goals and requirements of TMC Chapter 18.45. Development proposals shall then include the buffer distances as defined within the geotechnical report. Section 50. TMC Chapter 18.45, "Environmentally Sensitive Areas," Amended. Ordinance No. 2301 §1 (part), as codified at TMC Section 18.45.180, "Exceptions," subparagraph A, is hereby amended to read as follows: A. REASONABLE USE EXCEPTIONS 1. If application of TMC Chapter 18.45 would deny all reasonable use of the property containing wetlands, watercourses or their buffers, the property owner or the proponent of a development proposal may apply for a reasonable use exception. 2. Applications for a reasonable use exception shall be a Type 3 decision and shall be processed pursuant to TMC Chapter 18.104. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 46 of 71 M 3. If the applicant demonstrates to the satisfaction of the Hearing Examiner that application of the provisions of TMC Chapter 18.45 would deny all reasonable use of the property, development may be allowed that is consistent with the general purposes of TMC Chapter 18.45 and the public interest. 4. The Hearing Examiner, in granting approval of the reasonable use exception, must determine that: a. There is no feasible on -site alternative to the proposed activities, including reduction in size or density, modifications of setbacks, buffers or other land use restrictions or requirements, phasing of project implementation, change in timing of activities, revision of road and lot layout, and /or related site planning that would allow a reasonable economic use with fewer adverse impacts to the sensitive area. b. As a result of the proposed development there will be no unreasonable threat to the public health, safety or welfare on or off the development proposal site. c. Alterations permitted shall be the minimum necessary to allow for reasonable use of the property. d. The proposed development is compatible in design, scale and use with other development with similar site constraints in the immediate vicinity of the subject property if such similar sites exist. e. Disturbance of sensitive areas has been minimized by locating any necessary alterations in the buffers to the greatest extent possible. f. The inability to derive reasonable use of the property is not the result of: (1) a segregation or division of a larger parcel on which a reasonable use was permittable after the effective date of Sensitive Areas Ordinance No. 1599, June 10, 1991; (2) actions by the owner of the property (or the owner's agents, contractors or others under the owner's control) that occurred after the effective date of the sensitive areas ordinance provisions that prevents or interferes with the reasonable use of the property; or (3) a violation of the sensitive areas ordinance; g. The Hearing Examiner, when approving a reasonable use exception, may impose conditions, including but not limited to a requirement for submission and implementation of an approved mitigation plan designed to ensure that the development: (1) complies with the standards and policies of the sensitive areas ordinance to the extent feasible; and W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 47 of 71 am (2) does not create a risk of damage to other property or to the public health, safety and welfare. h. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a project, including but not limited to design review. Section 51. TMC Chapter 18.50, "Supplemental Development Standards," Amended. Ordinance Nos. 2186 §1 and 1758 §1 (part), as codified at TMC 18.50.020, "Special Height Limitation Areas," are hereby amended to read as follows: There are hereby established special height limitation areas, as depicted by Figure 18- 3. The revised Figure 18 -3, attached hereto as Exhibit A, is hereby adopted. Section 52. TMC Chapter 18.50, "Supplemental Development Standards," Amended. Ordinance No. 2098 §3, as codified at TMC Section 18.50.055, "Single Family Design Standard Exceptions," is hereby amended to read as follows: A. The design standards required in TMC Section 18.50.050 (5) and (6) may be modified by the Community Development Director as a Type 2 Special Permission decision. 1. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern); b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height, c. If a sloped roof is proposed, it must have at least 24 -inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 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 house will be set back at least twice the minimum front yard setback; c. The entrance is oriented to take advantage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design. B. The design standards required in TMC Section 18.50.050 (5) and (6) may also be modified by the Community Development Director as a Type 2 Special Permission decision 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 W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 48 of 71 146 ordinance. Additionally, the proposal should result in aesthetic improvement to the neighborhood. Section 53. TMC Chapter 18.52, "Landscape, Recreation, Recycling /Solid Waste Space Requirements," Amended. Ordinance Nos. 2251 §65, 1971 §19, and 1872 §14 (part), as codified at TMC Section 18.52.050, "Landscape Plan Require- ments," are hereby amended to read as follows: A. A Washington State licensed landscape architect shall prepare and stamp the landscape plans in accordance with the standards herein. Detailed plans for landscaping and screening shall be submitted with plans for building and site improvements. Included in the plans shall be type, quantity, spacing and location of plants and materials, site preparation and specifications for soils and mulches, location of all overhead and underground utilities (so as to avoid conflicts with proposed planting locations), typical planting details and the location of irrigation systems. B. Installation of the landscaping and screening shall be completed and a Landscaping Declaration submitted by the owner or owner's agent prior to issuance of the certificate of occupancy. If necessary, due to weather conditions or construction scheduling, the installation may be postponed to the next planting season if approved by the Community Development Director and stated on the building permit. A performance assurance device equal to 150% of the cost of the labor and materials must be provided to the City before the deferral is approved. The property owner shall keep all planting areas free of weeds and trash and replace any unhealthy or dead plant materials for the life of the project in conformance with the intent of the approved landscape plan and TMC Section 8.28.180. Any landscaping required by this chapter shall be retained and maintained for the life of the project. Additionally, topping or removal of required trees is prohibited. Only trees that pose a danger or are diseased, as determined by an ISA certified arborist, shall be allowed to be removed. Any illegal removal of required trees shall be subject to obtaining a tree permit and replacement with trees that meet or exceed the functional value of the removed trees. Section 54. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 2251 §66, 1795 §3 (part), and 1758 §1 (part), as codified at TMC Section 18.56.040, "General Requirements," subparagraph 5.f., are hereby amended to read as follows: 5. f. The Public Works Director or the Community Development Director may require ingress separate from an egress for smoother and safer flow of traffic. Section 55. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 2251 §67, 1795 §3 (part), and 1758 §1 (part), as codified at TMC Section 18.56.050, "Required Number of Parking Spaces," are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 49 of 71 147 The minimum number of off street parking spaces for the listed uses shall be as shown in Figure 18 -7. Minimum parking requirements shall be maintained over the life of the original or primary use. Any additional uses, either secondary or accessory in nature, must have parking available that does not impact the minimum parking of the original or primary use. This extends to parking spaces used for park- and -fly lots or use of parking for storage or outdoor displays. Figure 18 -7 Required Number of Parking Spaces for Automobiles and Bicycles IT UP Use Single family and multi- family dwellings Automobile Standard 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. Bicycle Standard For multi- family, 1 space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. Page 50 of 71 W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Use Automobile Standard Bicycle Standard Multi- family and Mixed -Use residential (in the Urban Renewal Overlay (URO)) One for each dwelling unit that contains up to one bedroom. 0.5 additional spaces for every bedroom in excess of one bedroom in a multi- family dwelling unit. One secure, covered, ground level bicycle parking space shall be provided for every four residential units in a mixed -use or multi- family development. Senior Citizen Housing Religious facilities, mortuaries and funeral homes At least 75% of required residential parking. is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. One automobile space at no charge to a car sharing program (if available) for every 50 to 200 residential spaces on site. An additional space shall be provided for developments with over 200 parking spaces. All car share spaces are in addition to required residential parking. If car sharing programs are not available when the building is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to dedicated car sharing spaces when the program becomes available. For 15 units or less,1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units. 1 for each 4 fixed seats W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Page 51 of 71 149 Use Convalescent/ nursing/ rest homes Food stores and markets High schools Hospitals Hotels, motels and extended stay Manufacturing Office, commercial and professional buildings, banks, dental and medical clinics Places of public assembly, including auditoriums, exhibition halls, community clubs, community centers, and private clubs Post offices Automobile Standard 1 for every 4 beds with a minimum of 10 stalls 1 for each 300 square feet of usable floor area 1 for each staff member plus 2 for every 5 students or visitors 1 for each bed 1 for each room, plus one employee space for each 20 rooms, rounded to the next highest figure 1 for each 1,000 square feet of usable floor area 3.0 for each 1,000 square feet of usable floor area The Director shall determine the number of required parking spaces, with a minimum of 1 space for every 100 square -feet of assembly area. To ensure parking adequacy for each proposal, the Director may consider the following: a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. 3 for each 1,000 square feet of usable floor area W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Bicycle Standard 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Page 52 of 71 U61L Use Restaurant Restaurant, Fast food Retail Sales, Bulk Retail sales, General Automobile Standard 1 for each 100 square feet of usable floor area 1 for each 50 square feet of usable floor area. Fifty percent of any outdoor seating area will be added to the usable floor area for parking requirement calculations. Bicycle Standard 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 2.5 for each 1,000 square feet 1 space per 50 parking stalls, of usable floor area. with a minimum of 2 spaces. 4 for each 1,000 square feet of usable floor area if located within the TUC or TVS zoning districts; 2.5 for each 1,000 square feet of usable floor area if located in any other zoning district. 1 space per 50 parking stalls, with a minimum of 2 spaces. Schools, Elementary Junior 1.5 for each staff member High 1 space per classroom Shopping center (mall), planned, per usable floor area size, as listed below: 500,000 sq. ft. or larger 5 for every 1,000 sq. ft. 1 space per 50 parking stalls, with a minim of 2 spaces. 25,000 499,999 sq. ft Taverns Theaters Warehousing 4 for every 1,000 sq. ft. 1 space per 50 parking stalls, with a minim of 2 spaces. 1 for every 4 persons based on 1 space per 50 parking stalls, occupancy load. with a minim of 2 spaces. 1 for every 4 fixed seats. If seats are not fixed,1 per 3 seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy 1 for every 2,000 square feet of usable floor area. 1 space per 100 seats, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Section 56. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 1795 §2 (part), 1770 §33, and 1758 §1 (part), as codified at TMC Section 18.56.060, "Loading Space Requirements," are hereby amended to read as follows: Off street space for standing, loading and unloading services shall be provided in such a manner as not to obstruct freedom of traffic movement on streets or alleys. For all office, commercial, and industrial uses, each loading space shall consist of at least a W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 53 of 71 151 10 -foot by 30 -foot loading space with 14 -foot height clearance for small trucks such as pickup trucks, or a 12 -foot by 65 -foot loading space with 14 -foot height clearance for large trucks, including tractor trailer. These requirements may be modified as a Type 1 decision, where the Community Development Director finds that such reduction will not result in injury to neighboring property, or obstruction of fire lanes /traffic, and will be in harmony with the purposes and intent of this chapter. Section 57. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 2199 §19 and 1976 §62, as codified at TMC Section 18.56.065, "Residential Parking Requirements," are hereby amended to read as follows: A. Two off street parking spaces shall be provided for each dwelling unit which contains up to three bedrooms. One additional off street parking space shall be required for every two bedrooms in excess of three bedrooms in a dwelling unit (i.e., four- and five bedroom dwelling units shall have three off street parking spaces, six and seven bedroom homes shall have four spaces, and so on). B. Each unit in a townhouse development shall have an attached garage with parking for at least one vehicle or a parking space in an underground garage. C. The Director shall have the discretion to waive the requirement to construct a portion of the off street parking requirement if, based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due to a factor other than age. Such a study shall assure that ample parking is provided for residents who can drive, guests, caregivers and other persons who work at the residence. If such a waiver is granted, the property owner shall provide a site plan, which demonstrates that in the event of a change of use, which eliminates the reason for the waiver, there is ample room on the site to provide the number of off street parking spaces required by this Code. In the event that a change of use or type of occupant is proposed that would alter the potential number of drivers living or working at the dwelling, the application for change of use shall be conditioned on construction of any additional off street parking spaces required to meet the standards of this Code. D. Parking in a Low Density Residential (LDR) zone is subject to vehicle storage and parking regulations listed under TMC Chapter 8.25. Section 58. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 1795 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.56.120, "Filing of Plans," are hereby amended to read as follows: Detailed plans of off street parking areas, indicating the proposed development including the location, size, shape, design, curb -cuts, adjacent streets, circulation of traffic, ingress and egress to parking lots and other features and appurtenances of the proposed parking facility, shall be filed with and reviewed by the Community W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 54 of 71 152 Development Director. The parking area shall be developed and completed to the required standards before an occupancy permit for the building may be issued. The parking lot layout shall be reviewed as part of the underlying land use or the construction permit. If the proposal includes only reconfiguring of the parking lot such as adding /deleting parking spaces, making changes to the interior parking lot landscaping, or altering fire lanes, but no other land use permit or other construction permit is required, then the restriping proposal shall be reviewed as a Type 2 decision process as outlined in TMC Section 18.108.020. Section 59. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance No. 1795 §2 (part), as codified at TMC Section 18.56.130, "Development Standards for Bicycle Parking," subparagraph D, is hereby amended to read as follows: D. Process. Upon application to and review by the Community Development Director, subject to a Type 1 decision process as outlined in TMC Section 18.108.020, the bicycle parking requirements may be modified or waived, where appropriate. Section 60. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance No. 1795 §2 (part), as codified at TMC Section 18.56.140, "Administrative Variance from Parking Standards," is hereby amended to read as follows: A. General. 1. A request for an administrative variance from required parking standards must be received prior to any issuance of building or engineering permits. Administrative variances are only eligible for requests for reductions of required parking between 1% and 10 Requests for reductions from minimum parking standards in excess of 10% must be made to the Hearing Examiner. 2. The project developer shall present all findings to the Director prior to any final approvals, including design review, conditional use permit review, building review or any other permit reviews required by the Director. B. Criteria. 1. All requests for reductions in parking shall be reviewed under the criteria established in this section. 2. In addition to the following requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking which cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. A reduction may be allowed, pursuant to either an administrative variance or requests to the Hearing Examiner, after: a. All shared parking strategies are explored. b. On -site park and ride opportunities are fully explored. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 55 of 71 153 c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. d. The site is at least 300 feet away from a single family residential zone. e. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects. C. Process. 1. An applicant shall submit evidence that decreased parking will not have a negative impact on surrounding properties or potential future uses. This may take the form of a brief report for administrative variances. Decreases in excess of 10% must be made to the Hearing Examiner. The Director may require additional studies to ensure that negative impacts are properly mitigated. A complete and detailed Parking Demand Study is required for requests reviewed by the Hearing Examiner. 2. All site characteristics should be described in the report, including: a. Site accessibility for transit. b. Site proximity to transit, with 15- to 30- minute headways. c. Shared use of on -site parking. d. Shared use of off -site parking. e. Combined on -site parking. f. Employee density. g. Adjacent land uses. D. Review: Applications for administrative variances for reductions below minimum parking requirements between 1% and 10% shall be processed as Type 2 decisions, pursuant to TMC Section 18.108.020. Applications for reductions from minimum parking requirements in excess of 10% shall be processed as Type 3 decisions, pursuant to TMC Section 18.108.030, including a hearing before the Hearing Examiner. Section 61. TMC Chapter 18.60, "Board of Architectural Review," Amended. Ordinance Nos. 2257 §11, 2251 §73, 2235 §15, 2118 §1, 2005 §17, 1865 §50, and 1758 §1 (part), as codified at TMC Section 18.60.030, "Scope of Authority," are hereby amended to read as follows: A. The rules and regulations of the Board of Architectural Review shall be the same as those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission. B. The Community Development Director will review projects meeting the thresholds for administrative design review. The BAR will review all other projects requiring design review approval. The Board and the Community Development Director shall have the authority to approve, approve with conditions, or deny all plans submitted based on a demonstration of compliance with all of the guidelines of this chapter, as judged by the preponderance of evidence standard. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 56 of 71 154 C. Design review is required for the following described land use actions: 1. All developments will be subject to design review with the following exceptions: a. Developments exempted in the various districts; b. Developments in LI, HI, MIC /L and MIC /H districts, except when within 300 feet of residential districts or within 200 feet of the Green /Duwamish River or that require a shoreline permit; 2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25 the changes will be reviewed administratively): a. For sites whose gross building square footage exceeds 10,000 square feet in MUO, O, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and b. For any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see TMC Figure 18 -9). c. For any multi family structures in MDR and HDR zones. d. For all conditional and unclassified uses in the LDR zone that involve construction of a new building or exterior repairs that exceed 10% of the assessed value of the building. 3. Development applications using the procedures of TMC Section 18.60.60, Commercial Redevelopment Area. 4. Development applications using the procedures of TMC Chapter 18.43, Urban Renewal Overlay District. 5. All projects located within the shoreline jurisdiction that involve construction of a new building or exterior changes, if the cost of the exterior work equals or exceeds 10% of the building's assessed valuation, except the construction of a single family house is exempt. 6. Modification of a building and /or the site, if the building and /or site had gone through design review within the last 10 years, shall require modification of the original decision. Minor modifications of BAR approval shall be processed as administrative design review and major modifications of BAR approval shall require BAR approval. D. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards may be waived and conditioned, upon approval of plans by the BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard Design W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 57 of 71 155 Manual, as amended. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. E. No changes shall be made to approved designs without further BAR or Director approval and consideration of the change in the context of the entire project; except that the Director is authorized to approve minor, insignificant modifications which have no impact on the project design. Section 62. TMC Chapter 18.60, "Board of Architectural Review," Amended. Ordinance Nos. 2235 §16 and §17, 2199 §20, 1986 §16, 1865 §51, and 1758 §1 (part), as codified at TMC Section 18.60.050, "Design Review Criteria," subparagraph C, are hereby amended to read as follows: C. Multi Family, Hotel and Motel Design Review Criteria. In reviewing any application for multi family, hotel, motel, or non residential development in a Low Density Residential zone, the following criteria shall be used by the BAR in its decision making, as well as the Multi Family Design Manual or Townhouse Design Manual. Detached zero -lot -line type of developments shall be subject to the Townhouse Design Manual. 1. SITE PLANNING. a. Building siting, architecture, and landscaping shall be integrated into and blend harmoniously with the neighborhood building scale, natural environment, and development characteristics as envisioned in the Comprehensive Plan. For instance, a multi family development's design need not be harmoniously integrated with adjacent single family structures if that existing single family use is designated as "Commercial" or "High- Density Residential" in the Comprehensive Plan. However, a "Low- Density Residential" (detached single family) designation would require such harmonious design integration. b. Natural features, which contribute to desirable neighborhood character, shall be preserved to the maximum extent possible. Natural features include, but are not limited to, existing significant trees and stands of trees, wetlands, streams, and significant topographic features. c. The site plan shall use landscaping and building shapes to form an aesthetically pleasing and pedestrian scale streetscape. This shall include, but not be limited to facilitating pedestrian travel along the street, using architecture and landscaping to provide a desirable transition from streetscape to the building, and providing an integrated linkage from pedestrian and vehicular facilities to building entries. d. Pedestrian and vehicular entries shall provide a high quality visual focus using building siting, shapes and landscaping. Such a feature establishes a physical transition between the project and public areas, and establishes the initial sense of high quality development. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 58 of 71 W e. Vehicular circulation design shall minimize driveway intersections with the street. f. Site perimeter design (i.e., landscaping, structures, and horizontal width) shall be coordinated with site development to ensure a harmonious transition between adjacent projects. g. Varying degrees of privacy for the individual residents shall be provided, increasing from the public right -of -way, to common areas, to individual residences. This can be accomplished through the use of symbolic and actual physical barriers to define the degrees of privacy appropriate to specific site area functions. h. Parking and service areas shall be located, designed and screened to interrupt and reduce the visual impact of large paved areas. i. The height, bulk, footprint and scale of each building shall be in harmony with its site and adjacent long -term structures. 2. BUILDING DESIGN. a. Architectural style is not restricted; evaluation of a project shall be based on the quality of its design and its ability to harmonize building texture, shape, lines and mass with the surrounding neighborhood. b. Buildings shall be of appropriate height, scale, and design /shape to be in harmony with those existing permanent neighboring developments that are consistent with, or envisioned in, the Comprehensive Plan. This will be especially important for perimeter structures. Adjacent structures that are not in conformance with the Comprehensive Plan should be considered to be transitional. The degree of architectural harmony required should be consistent with the nonconforming structure's anticipated permanence. c. Building components, such as windows, doors, eaves, parapets, stairs and decks shall be integrated into the overall building design. Particular emphasis shall be given to harmonious proportions of these components with those of adjacent developments. Building components and ancillary parts shall be consistent with the anticipated life of the structure. Cl. The overall color scheme shall work to reduce building prominence and shall blend in with the natural environment. e. Monotony of design in single or multiple building projects shall be avoided. Variety of detail, form, and siting shall be used to provide visual interest. Otherwise monotonous flat walls and uniform vertical planes of individual buildings shall be broken up with building modulation, stairs, decks, railings, and focal entries. Multiple building developments shall use siting and additional architectural variety to avoid inappropriate repetition of building designs and appearance to surrounding properties. W: Word Processing\Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 59 of 71 157 3. LANDSCAPE AND SITE TREATMENT. a. Existing natural topographic patterns and significant vegetation shall be reflected in project design when they contribute to the natural beauty of the area or are important to defining neighborhood identity or a sense of place. b. Landscape treatment shall enhance existing natural and architectural features, help separate public from private spaces, strengthen vistas and important views, provide shade to moderate the effects of large paved areas, and break up visual mass. c. Walkways, parking spaces, terraces, and other paved areas shall promote safety and provide an inviting and stable appearance. Direct pedestrian linkages to the public street, to on -site recreation areas, and to adjacent public recreation areas shall be provided. d. Appropriate landscape transition to adjoining properties shall be provided. 4. MISCELLANEOUS STRUCTURES. a. Miscellaneous structures shall be designed as an integral part of the architectural concept and landscape. Materials shall be compatible with buildings, scale shall be appropriate, colors shall be in harmony with buildings and surroundings, and structure proportions shall be to scale. b. The use of walls, fencing, planting, berms, or combinations of these shall accomplish screening of service yards and other places that tend to be unsightly. Screening shall be effective in winter and summer. c. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from view. Screening shall be designed as an integral part of the architecture (i.e., raised parapets and fully enclosed under roof) and landscaping. d. Exterior lighting standards and fixtures shall be of a design and size consistent with safety, building architecture and adjacent area. Lighting shall be shielded and restrained in design with no off -site glare spill -over. Excessive brightness and brilliant colors shall not be used unless clearly demonstrated to be integral to building architecture. Section 63. TMC Chapter 18.66, "Unclassified Use Permits," Amended. Ordinance No. 1769 §4 (part), as codified at TMC Section 18.66.120, "Expansion of Existing Unclassified Use Animal Rendering Facilities," is hereby amended to read as follows: In addition to the structures permitted pursuant to TMC Section 18.66.110, existing animal rendering facilities shall be allowed to construct new facilities to update and /or modernize such use without needing to obtain a new or revised unclassified use permit W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 60 of 71 l if such construction involves an intensification of the permitted existing facility. For purposes of this section, "facilities" shall refer to all structures, including tanks, processing. equipment, buildings and other improvements used in the rendering operation, and "intensification" shall mean new construction shall meet all of the requirements below. Any proposed new construction that fails to meet one or more of the requirements of intensification shall be considered an enlargement or expansion, and shall require an application for a new or revised unclassified use permit for the facilities which constitute the enlargement or expansion: 1. The construction of new facilities shall be considered an intensification and may be permitted without the need to obtain an Unclassified Use Permit (UUP) if: a. The total area of the site is not increased. b. The construction of new facilities does not generate more than 10 new vehicle trips at peak hour, as determined pursuant to TMC Chapter 9.48, related to traffic concurrency. c. No new facilities are located in the shoreline buffer. d. The new facilities will comply with the performance standards set forth in TMC Section 18.66.130. e. The construction of new manufacturing facilities does not result in more than a 5% cumulative increase in the manufacturing capacity of the processing facility. f. The construction will not increase the extent of any nonconformity of any structure by reason of its height, bulk or setbacks. 2. Any proposed new facility which does not meet criteria 1.a through 1.f above shall be considered an enlargement or expansion, and shall comply with the provisions of TMC Chapter 18.66, Unclassified Use Permits. 3. Whether or not a proposed new facility is considered an intensification or an expansion /enlargement, all other applicable codes such as construction codes, SEPA, etc., shall continue to apply. Section 64. TMC Chapter 18.80, "Amendments to the Comprehensive Plan and Development Regulations," Amended. Ordinance Nos. 1770 §52 and 1758 §1 (part), as codified at TMC Section 18.80.010, "Application," are hereby amended to read as follows: Any interested person (including applicants, citizens, Tukwila Planning Commission, City staff and officials, and staff of other agencies) may submit an application for an amendment to either the Comprehensive Plan or the development regulations to the Department of Community Development. Such applications, except site specific rezones along with the underlying Comprehensive Plan map change, are for legislative W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 61 of 71 159 decisions and are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. In addition to the requirements of TMC Section 18.80.015, the application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change, 3. An explanation of why the current Comprehensive Plan or development regulations are deficient or should not continue in effect, 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act, 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Section 65. TMC Chapter 18.80, "Amendments to the Comprehensive Plan and Development Regulations," Amended. Ordinance No. 1770 §53, as codified at TMC Section 18.80.015, "Documents to be Submitted with Application," is hereby amended to read as follows: A. Applications for amendments to the Comprehensive Plan or development regulations shall provide the following documents in such quantities as are specified by the Department: 1. An application form provided by the Department. 2. King County Assessor's map(s) which show the location of each property within 300 feet of the property that is the subject of the proposed amendment. 3. Two sets of mailing labels for all property owners and occupants (businesses and residents), including tenants in multiple occupancy structures, within 300 feet of the subject property, or pay a fee to the City for generating mailing labels. 4. A vicinity map showing the location of the site. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 62 of 71 160 5. A surrounding area map showing Comprehensive Plan designations, zoning designations, shoreline designations, if applicable, and existing land uses within a 1,000 -foot radius from the site's property lines. 6. A site plan, including such details as may be required by the Department. 7. A landscaping plan, including such details as may be required by the Department. 8. Building elevations of proposed structures, including such details as may be required by the Department. 9. Such photomaterial transfer or photostat of the maps, site plan and building elevation, including such details as may be required by the Department. 10. Such other information as the applicant determines may be helpful in evaluating the proposal, including color renderings, economic analyses, photos, or material sample boards. B. The Department shall have the authority to waive any of the requirements of this section for proposed amendments that are not site specific or when, in the Department's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. Section 66. TMC Chapter 18.80, "Amendments to the Comprehensive Plan and Development Regulations," Amended. Ordinance Nos. 1856 §1, 1770 §55, and 1758 §1 (part), as codified at TMC Section 18.80.050, "Council Consideration," are hereby amended to read as follows: A. The City Council shall consider each request for an amendment to either the Comprehensive Plan or development regulations, except site specific rezones along with the request for a Comprehensive Plan map change, at a public meeting, at which the applicant will be allowed to make a presentation. Any person submitting a written comment on the proposed change shall also be allowed an opportunity to make a responsive oral presentation. Such opportunities for oral presentation shall be subject to reasonable time limitations established by the Council. B. The Council will consider the following in deciding what action to take regarding any proposed amendment: 1. Is the issue already adequately addressed in the Comprehensive Plan? 2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? 3. Is the proposed change the best means for meeting the identified public need? W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 63 of 71 161 4. Will the proposed change result in a net benefit to the community? C. Following Council consideration as provided by TMC Sections 18.80.050A and 18.80.0506, the City Council shall take action as follows: 1. Refer the proposed amendment to the Planning Commission for further review and a recommendation to the City Council; 2. Defer further Council consideration for one or more years to allow the City further time to evaluate the application of the existing plan or regulations; or 3. Reject the proposed amendment. Section 67. TMC Chapter 18.84, "Requests for Changes in Zoning," Amended. Ordinance No. 2116 §1 (part), as codified at TMC Section 18.84.010, "Application Submittal," is hereby amended to read as follows: Application for rezone of property, along with the request for a Comprehensive Plan map change, shall be submitted to the Department of Community Development. Site specific rezone and the accompanying Comprehensive Plan map change application shall be a Type 5 decision processed in accordance with the provisions of TMC Section 18.108.050. Section 68. TMC Section 18.84.015 Adopted. TMC Section 18.84.015, "Documents to be Submitted with Application," is hereby established to read as follows: 18.84.015 Documents to be Submitted with Application A. Applications for rezones and the accompanying Comprehensive Plan map change shall provide the following documents in such quantities as are specified by the Department: 1. An application form provided by the Department. 2. King County Assessor's map(s) which show the location of each property within 300 feet of the property that is the subject of the proposed amendment. 3. Two sets of mailing labels for all property owners and occupants (businesses and residents), including tenants in multiple occupancy structures, within 300 feet of the subject property, or pay a fee to the City for generating mailing labels. 4. A vicinity map showing the location of the site. 5. A surrounding area map showing Comprehensive Plan designations, zoning designations, shoreline designations, if applicable, and existing land uses within a 1,000 -foot radius from the site's property lines. 6. A site plan, including such details as may be required by the Department. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 64 of 71 i M 7. A landscaping plan, including such details as may be required by the Department. 8. Building elevations of proposed structures, including such details as may be required by the Department. 9. Such photomaterial transfer or photostat of the maps, site plan and building elevation, including such details as may be required by the Department. 10. Such other information as the applicant determines may be helpful in evaluating the proposal, including color renderings, economic analyses, photos, or material sample boards. B. The Department shall have the authority to waive any of the requirements of this section for proposed amendments when, in the Department's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. Section 69. TMC Chapter 18.84, "Requests for Changes in Zoning," Amended. Ordinance No. 2116 §1 (part), as codified at TMC Section 18.84.020, "Criteria," is hereby amended to read as follows: Each determination granting a rezone and the accompanying Comprehensive Plan map change shall be supported by written findings and conclusions, showing specifically that all of the following conditions exist: 1. The proposed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan; 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone classification applied for; 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; and 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. Section 70. TMC Chapter 18.104, "Permit Application Types and Procedures," Amended. Ordinance Nos. 2294 §1, 2251 §75, 2235 §19, 2135 §19, and 2119 §1, as codified at TMC Section 18.104.010, "Classification of Project Permit Applications," are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 65 of 71 �IM Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and /or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Administrative Variance for Noise 30 days Community or less Development (TMC Section 8.22.120) Director Any land use permit or approval issued by the As specified by City, unless specifically categorized as a Type ordinance 2, 3, 4, or 5 decision by this chapter Boundary Line Adjustment, including Lot Community Consolidation Development (TMC Chapter 17.08) Director Development Permit Building Official Minor modification to design review approval Community (TMC Section 18.60.030) Development Director Minor Modification to PRD Community (TMC Section 18.46.130) Development Director Tree Permit Community (TMC Chapter 18.54) Development Director Wireless Communication Facility, Minor Community (TMC Chapter 18.58) Development Director 2. TYPE 2 DECISIONS are decisions that are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 66 of 71 164 TYPE 2 DECISIONS INITIAL APPEAL BODY TYPE OF PERMIT DECISION (open record MAKER appeal) Administrative Design Review Community Board of (TMC Section 18.60.030) Development Architectural Director Review Administrative Planned Short Plat Hearing Residential Development Committee Examiner (TMC Section 18.46. 110) Administrative Variance for Community Hearing Noise 31 -60 days Development Examiner (TMC Section 8.22.120) Director Binding Site Improvement Plan Short Plat Hearing (TMC Chapter 17.16) Committee Examiner Cargo Container Placement Community Hearing (TMC Section 18.50.060) Development Examiner Director Code Interpretation Community Hearing (TMC Section 18.90.010) Development Examiner Director Exception from Single Family Community Hearing Design Standard Development Examiner (TMC Section 18.50.050) Director Modification to Development Community Hearing Standards Development Examiner (TMC Section 18.41.100) Director Parking standard for use not Community Hearing specified Development Examiner (TMC 18.56.100), Director and modifications to certain parking standards (TMC 18.56.065, .070, .120) Sensitive Areas (except Community Hearing Reasonable Use Exception) Development Examiner (TMC Chapter 18.45) Director Shoreline Substantial Community State Shorelines Development Permit Development Hearings Board (TMC Chapter 18.44) Director Shoreline Tree Permit Community Hearing Development Examiner Director Short Plat Short Plat Hearing (TMC Chapter 17.12) Committee Examiner W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 67 of 71 165 Wireless Communication Facility, Minor (TMC Chapter 18.58) 3. TYPE 3 DECISIONS are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS IT-PO TYPE OF PERMIT INITIAL DECISION MAKER Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner APPEAL BODY (closed record appeal) Superior Court Resolve uncertain zone district boundary Variance (zoning, shoreline, sidewalk, land alteration, sign) TSO Special Permission Use (TMC Section 18.41.060) Conditional Use Permit Modifications to Certain Parking Standards (TMC Chapter 18.56) Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) Variance for Noise in excess of 60 days (TMC Section 8.22.120) Variance from Parking Standards over 10% (TMC Section 18.56.140) Subdivision Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) Community Hearing Development Examiner Director Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Page 68 of 71 W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs 4. TYPE 4 DECISIONS are quasi judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 4 DECISIONS INITIAL APPEAL BODY TYPE OF PERMIT DECISION (closed record INITIAL MAKER appeal) Public Hearing Design Review Board of Hearing (TMC Chapter 18.60) Architectural Examiner City Council Review Development (PRD), including Subdivision Preliminary Plat Planning Hearing with an associated Design Commission Examiner Review application Site specific rezone along with (TMC Section 17.14.020) Superior Court an accompanying Shoreline Conditional Use Planning State Shorelines Permit Commission Hearings Board (TMC Section 18.44.050) (TMC Chapter 18.84) 5. TYPE 5 DECISIONS are quasi judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. TYPE 5 DECISIONS INITIAL APPEAL BODY TYPE OF PERMIT DECISION (closed record MAKER appeal) Planned Residential City Council Superior Court Development (PRD), including Major Modifications (TMC Chapter 18.46) Site specific rezone along with City Council Superior Court an accompanying Comprehensive Plan map change (TMC Chapter 18.84) Sensitive Area Master Plan City Council Superior Court Overlay (TMC Section 18.45.160) Shoreline Environment City Council Superior Court Re- designation (Shoreline Master Program) W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 69 of 71 167 Subdivision Final Plat City Council Superior Court (TMC Section 17.12.030) Unclassified Use City Council Superior Court (TMC Chapter 18.66) Section 71. TMC Chapter 18.104, "Permit Application Types and Procedures," Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section 18.104.170, "Notice of Decision," is hereby amended to read as follows: A. The Department shall provide written notice in a timely manner of the final decision on permits requiring Type 2, 3, 4 and 5 decisions and on permits requiring Type 1 decisions which require SEPA review. Such notice shall identify the threshold determination, if any, and the procedures for administrative appeals, if any. Notice shall be delivered by first class mail, email or in person to the applicant, to the Department of Ecology and to agencies with jurisdiction, and to all parties of record. B. Notices of Decision for Shoreline Substantial Development permits shall also comply with the requirements of RCW 90.58. Section 72. TMC Chapter 18.120, "Housing Options Program," Amended. Ordinance No. 2103 §1 (part), as codified at TMC Section 18.120.050, "Review and Application Process," subparagraph B, is hereby amended to read as follows: B. Type of Application. Decision types are described in the Permit Application Types and Procedures Chapter of the Tukwila Zoning Code (TMC Chapter 18.104). In all cases, design review is required and shall be consolidated per "Consolidation of Permit Applications" in the Permit Application Types and Procedures Chapter (TMC Section 18.104.030). The type of land use application shall be determined pursuant to the permit types and thresholds listed under TMC Section 18.104.010. Section 73. Repealer. Ordinance No. 1482 §1 (part), as codified at TMC Section 5.44.130, "Location and base of operation," is hereby repealed. Section 74. Repealer. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.06.681, "Regulated Wetlands," is hereby repealed. Section 75. Repealer. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as codified at TMC Sections 18.06.932, "Wetland, Isolated," and 18.06.933, "Wetland, Regulated," are repealed. Section 76. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 70 of 71 i Section 77. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 78. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachment: Exhibit A Revised Figure 18 -3 W: Word Processing \Ordinances \DCD Housekeeping Code Amendments 4 -24 -12 MD:bjs Page 71 of 71 169 S Emu s U H� S S L Figure 18-3 Building Height Exception Areas 170 City of Tukwi"la Washington Ordinance Tito. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1808 §1 AND 1621 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.07.040, SUBPARAGRAPH G, TO UPDATE THE LIST OF SCHOOLS, LIBRARIES AND PARKS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 8 of the Tukwila Municipal Code designates some areas as drug free zones and includes a list of schools, parks, community centers and libraries and the City wishes to update those lists for determining the areas designated as drug free zones; and WHEREAS, on January 11, 2012, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non Significance on the proposed amendments; and WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 2, 2012, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinances Amended. Ordinance Nos. 1808 §1 and 1621 §1, as codified at Tukwila Municipal Code Section 8.07.040, "Drug Free Zones Enhanced Penalties," subparagraph G, are hereby amended to read as follows: W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.07.040 4 -24 -12 MD:bjs Page 1 of 3 171 G. As described in this section, the following areas are designated as drug free zones, subject to the provisions of this section: 1. Schools (includes 1,000 -foot buffer zone): a Foster High School b Showalter Middle School c Tukwila Elementary d Cascade View Elementary e Thorndyke Elementary f Aviation High School g Academy Schools /Children's Academy 4242 S. 144th 4628 S. 144th St. 5939 S. 149th St. 13601 32nd Ave. S. 4415 S. 150th St 9229 East Marginal Way S 14601 Interurban Ave. S. 2. Parks: a Duwamish Park b Codiga Park c Riverton Mini Park d 57th Avenue Park e Hazelnut Park f Fort Dent Park g Tukwila Park h Ikawa Park i Bicentennial Park j Duwamish /Green River Trail k Interurban Trail Crestview Park m Crystal Springs Park n Joseph Foster Memorial Park o Southgate Park p Community Center Park q Riverton Park r Tukwila Pond Park s Designated park trails t Cascade View Community Park u Duwamish Hill Preserve v Macadam Wetlands Park w I Cecil Moses Park 42nd Ave. S. /S. 116th St. 12535 50th PI. S. 45th Ave. S. /S. 133rd St. 57th Ave. S. /S. 133rd St. 59th Ave. S. /S. 147th St. Southcenter Blvd./ Interurban Ave. S. 65th Ave. S. /S. 153rd St. 6200 Southcenter Blvd. Christensen Rd. /Strander Blvd Part of valley river trail system along shores of the Duwamish /Green River S. 180th to north City limits 42nd Ave. S. /S. 162nd St. 51 st Ave. S. /S. 158th St. 53rd Ave. S. /S. 137th St. 40th Ave. S. /S. 133rd St. 42nd Ave. S. /S. 124`" 4101 S. 131 st St. S. 168th /Strander Blvd. 37th Ave S. S. 142nd St. 3800 S. 115th St. S. 144th St. /Macadam Rd. 11013 W. Marginal PI. W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.07.040 4 -24 -12 172 MD:bjs Page 2 of 3 3. Community Centers: a Tukwila Community Center b Tukwila Heritage and Cultural Center 4. Libraries: a Foster Library b Library Connection Southcenter 12424 42nd Ave. S. 14475 59th Ave. S. 4060 S. 144th 1115 Southcenter Mall Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.07.040 4 -24 -12 MD:bjs Page 3 of 3 173 74 Ci l WHEREAS, Chapter 8.22, "Noise," of the Tukwila Municipal Code contains procedures for granting noise variances and the City wishes to clarify the public notice requirements for noise variances; and WHEREAS, on January 11, 2012, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non Significance on the proposed amendments and WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that meeting adopted a motion recommending the proposed changes and WHEREAS, on April 2, 2012, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; THEREFORE, WASHINGT ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2293 X13, as codified at Tukwila Municipal Code Section 8.22.120, "Variances," subparagraph B, is hereby amended to read as follows: K Word Processing \Ordinances\DCD Housekeeping -TMC 8.22.120 4 -24 -12 MD:bjs Page 1 of 3 175 B. Application types are based on the number of days /nights the sound source will exceed the maximum permissible sound levels as shown in the following table: Number of days /nights maximum permissible Notice of Public sound level may be Variance Application Hearing exceeded within a Permit Type Requirements Requirements 12 -month period 30 days or less Type 1 Administrative No notice �2,3> No Hearing Variance 31 -60 days Type 2 Administrative Mailed notice �1'2� Hearing Variance More than 60 days Type 3 Mailed notice (1,2) Public Variance Hearing (1) Mailed notice shall be provided per TMC Section 18.104.120 with the exception that tenants that are not affected tenants per TMC Section 8.22.020 are not required to be sent notice. (2) The administrator shall have the discretion in unusual circumstances (i.e., unusual type or intensity of noise or length of request) to require (additional) public notification procedures, such as causing notice to be published on the City's website, mailed notice provided to a wider geographic area, and /or notice posted at the site. (3) In the case of residential parties and prior to granting any variance, the applicant shall provide written notice to all residents within 500 feet of where the party or project is being held. When the 500 foot radius includes multi- family complexes, all residents of the complex shall be notified. Written notice shall be provided between 10 and 30 days of the onset of activity and shall enumerate the anticipated party hours or work schedule for the length of the project. An affidavit of distribution shall be provided to the City. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.22.120 4 -24 -12 176 MD:bjs Page 2 of 3 Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.22.120 4 -24 -12 MD:bjs Page 3 of 3 177 178 C l o ty T W ashing t o n A 0 0 1 i �.a A A a A a WHEREAS, Title 8 of the Tukwila Municipal Code includes regulations on vehicle storage and parking on single family residential properties and the City wishes to add flexibility to residential parking area limitations; and WHEREAS, on January 11, 2012, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non Significance on the proposed amendments; and WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 2, 2012, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinances Amended. Ordinance Nos. 2251 §1 (part) and 2056 §1 (part), as codified at Tukwila Municipal Code Section 8.25.020, "Parking Limitations," subparagraphs D, E and F, are hereby amended to read as follows W: Word Processingl0rdinancesOCD Housekeeping -TMC 8.25.020 4 -24 -12 MD:bjs Page 1 of 2 179 D. Approved durable uniform surfaces outside of structures on -site may cover a maximum of 1,200 square feet or 10% of the lot surface, whichever is greater. The Director of Community Development may approve exceptions to this requirement for an access driveway, particularly on lots where there is a need for a long driveway. E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be approved durable uniform surface. An approved durable uniform surface exceeding this requirement prior to August 25, 2004 may be maintained, but shall not be expanded. The Director of Community Development may approve exceptions to this requirement for an access driveway, particularly on pie- shaped or other odd shaped lots where it is infeasible to meet this requirement. F. Single- family properties on pre- existing, legal lots of record containing less than 6,500 square feet are exempt from the percentages noted in TMC Section 8.25.020, subparagraphs D and E. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.25.020 4 -24 -12 180 MD:bjs Page 2 of 2 City Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1837 §2 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.28.180, TO CORRECT AN OUTDATED ZONING DESIGNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Landscape Maintenance" section of Tukwila Municipal Code Chapter 8.28, "Nuisances," references an outdated zoning designation and the City wishes to correct the inaccurate reference; and WHEREAS, on January 11, 2012, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non Significance on the proposed amendments; and WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that meeting adopted a motion recommending the proposed changes, and WHEREAS, on April 2, 2012, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 1837 §2 (part), as codified at Tukwila Municipal Code Section 8.28.180, "Landscape Maintenance," is hereby amended to read as follows W Word Processing \Ordinances\DCD Housekeeping -TMC 8.28.180 4 -24 -12 MD:bjs Page 1 of 2 181 In addition to the foregoing, it constitutes a nuisance for anyone to fail to maintain landscaping, including but not limited to lawns, shrubs, trees and other plantings, whether of native growth or domestic vegetation in commercial, manufacturing or industrial, or multiple dwelling residential areas of the City; and it is a nuisance to fail to maintain any landscaping as designated in the landscaping and maintenance plan required before occupancy. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.28.180 4 -24 -12 182 MD:bjs Page 2 of 2 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1838 §2 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.45.030, SUBPARAGRAPH E, TO CORRECT OUTDATED SECTION REFERENCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Violations" section of Tukwila Municipal Code Chapter 8.45, "Enforcement," references various outdated sections of the Tukwila Municipal Code and the City wishes to correct the inaccurate references; and WHEREAS, on January 11, 2012, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non Significance on the proposed amendments; and WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 2, 2012, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \OrdinancesOCD Housekeeping -TMC 8.45.030 4 -24 -12 MD:bjs Page 1 of 3 183 Section 1. Ordinance Amended. Ordinance No. 1838 §2 (part), as codified at Tukwila Municipal Code Section 8.45.030, "Violations," subparagraph E, is hereby amended to read as follows: E. It is unlawful to: 1. Maintain, allow, permit or fail to prevent a nuisance as defined in TMC Chapter 8.28 or as defined throughout the Tukwila Municipal Code; and 2. Fail to comply with any applicable provisions of the Tukwila Municipal Code, including, but not limited to, the regulations and requirements found in the following chapters of the Tukwila Municipal Code, as now in effect or as may be amended hereafter: Chapter Title ;.I 5.04 Licenses Generally 8.22 Noise 9.32 Abandoned and Junked Motor Vehicles 9.44 Commute Trip Reduction Plan and Program Requirements 14.06 Backflow Prevention Assemblies 14.16 Sewer Charges 16.04 Buildings and Construction 16.16 International Fire Code 16.52 Flood Plain Management 16.54 Grading 17.28 Exceptions, Penalties, Severability, Liability 19.12 Permits "Business Licenses and Regulations" "Public Peace, Morals and Safety" "Vehicles and Traffic" "Vehicles and Traffic" "Water and Sewers" "Water and Sewers" "Buildings and Construction" "Buildings and Construction" "Buildings and Construction" "Buildings and Construction" "Subdivisions and Plats" "Sign and Visual Communication Code" Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.45.030 4 -24 -12 MD:bjs Page 2 of 3 Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.45.030 4 -24 -12 MD:bjs Page 3 of 3 185 I U i ty f T Washingt i WHEREAS, Title 21 of the Tukwila Municipal Code establishes procedures for State Environmental Policy Act (SEPA) applications and the City wishes to clarify public notice requirements for SEPA applications; and WHEREAS, on January 11, 2012, the City's SEPA Responsible Official issued a Determination of Non Significance on the proposed amendments; and WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 2, 2012, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance Nos. 1770 §84, 1344 §10, and 1331 §19, as codified at Tukwila Municipal Code Section 21.04.210, "Public Notice Procedure," are hereby amended to read as follows: W: Word Processing \Ordinances\DCD Housekeeping -TMC 21.04.210 4 -24 -12 MD:bjs Page 1 of 3 187 A. Whenever public notice is required, the City shall follow the procedures set forth in this section. B. Public notice will be given in the following situations: 1. When the City issues the following Determinations of Non Significance (DNS): a. DNS involving another agency with jurisdiction; b. DNS involving the demolition of any structure or facility not exempted by WAC 197 -11- 800(2) (f) or 197 -11 -880, c. DNS involving the issuance of a clearing or grading permit not exempted by WAC 197 -11 -800 through 197-11-890; d. DNS issued following a request for early notice pursuant to WAC 197- 11- 350(2); e. Mitigated DNS issued pursuant to WAC197 -11- 350(3); f. DNS issued following the withdrawal of a DS pursuant to WAC 197 -11- 360(4). 2. When the City issues a Determination of Significance to commence scoping. 3. When a draft EIS (DEIS) is available for public comment. 4. Whenever the City holds a public hearing pursuant to WAC 197 -11 -535, provided that if the project requires a Type 3, 4 or 5 decision such hearing shall be consolidated with the public hearing on the merits of the project. 5. Whenever the responsible official determines that public notice is required. C. The City shall give public notice by using the public notice procedures set forth in TMC Sections 18.104.110 and .120 at the time the application is determined complete. The notice of decision shall be emailed or mailed to the applicant, parties of record and the agencies with jurisdiction for the projects listed under subsection B above. D. Notice of public hearings on non project proposals shall be published in a newspaper of general circulation in the City. E. The City may require an applicant to compensate the City for the costs of compliance with the public notice requirements for the applicant's proposal and /or provide services and materials to assist. W: Word Processing \Ordinances\DCD Housekeeping -TMC 21.04.210 4 -24 -12 188 MD:bjs Page 2 of 3 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processingl0rdinancesTCD Housekeeping -TMC 21.04.210 4 -24 -12 MD:bjs Page 3 of 3 i e