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Reg 2025-11-17 Item 6A - Exhibit 8 - Prato District: Vested Development Regulations
EXHIBIT 8 Vested Development Regulations TITLE 9 TITLE 9 — VEHICLES AND TRAFFIC CHAPTER 9.04 VEHICLES AND TRAFFIC DEFINITIONS Chapters: 9.04 Definitions 9.08 Enforcement — Administration 9.12 Model Traffic Ordinance — Adoption by Reference 9.16 Local Speed Limits — One -Way Streets 9.18 Functional Arterial System 9.20 Local Traffic and Parking Regulations 9.21 Interfering with Traffic 9.24 Bicycles 9.28 Miscellaneous Regulations 9.30 Compression Brakes 9.32 Abandoned and Junked Motor Vehicles 9.34 Operation of Motorized Foot Scooters, Pocket Bikes and EPAMDs 9.38 Penalty for Violation 9.44 Commute Trip Reduction Plan and Program Requirements 9.48 Transportation Concurrency Standards and Impact Fees 9.50 Concurrency Management 9.53 Automated Traffic Safety Cameras 9.54 Truck Routes Figures (located at back of this section) Figure 1 Transportation Impact Fees Figure 2 Vehicles by Weight Sections: 9.04.010 Definitions —Adoption by reference. 9.04.020 Definition of vehicle. 9.04.010 Definitions — Adoption by reference The following definitional provisions of the Washington Model Traffic Ordinance, and all future amendments thereto, are adopted by reference: RCW 46.90.100 46.90.103 46.90.106 46.90.109 46.90.112 46.90.118 46.90.121 46.90.124 46.90.127 46.90.130 46.90.133 46.90.136 46.90.142 46.90.145 46.90.148 46.90.151 46.90.154 46.90.166 46.90.169 46.90.172 46.90.178 46.90.181 46.90.184 46.90.187 46.90.190. (Ord. 1370 §1 (part), 1985) 9.04.020 Definition of vehicle "Vehicle" includes every device designed to travel upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway and shall include, but not be limited to, automobiles, buses, motor -bikes, motor scooters, trucks, tractors, go-carts, golf carts, campers and trailers. (Ord. 1502 §1, 1989) Produced by the City of Tukwila, City Clerk's Office Page 9-1 Return to Title CHAPTER 9.08 ENFORCEMENT—ADMINISTRATION Sections: 9.08.010 Adoption by reference 9.08.010 Adoption by reference The following statues relating to enforcement of motor vehicle laws, and all future amendments thereto, are adopted by reference: RCW 46.30.020 46.64.015 46.64.030 46.64.050 46.90.205 46.90.220 46.90.240 46.90.260 46.90.275 46.90.345 46.90.403 46.90.660 46.61.688 46.30.040 46.64.020 46.64.040 46.64.010 46.90.210 46.90.230 46.90.245 46.90.265 46.90.335 46.90.375 46.90.640 46.90.700 46.64.010 46.64.025 46.64.048 46.90.200 46.90.215 46.90.235 46.90.255 46.90.270 46.90.340 46.90.400 46.90.650 46.90.705 (Ord. 1570 §1, 1990; Ord. 1419 §1, 1987; Ord. 1370 §1 (part), 1985) TITLE 9 — VEHICLES AND TRAFFIC CHAPTER 9.12 MODEL TRAFFIC ORDINANCE - ADOPTION BY REFERENCE Sections: 9.12.010 Model traffic ordinance — adoption by reference 9.12.020 Sections not adopted 9.12.010 Model traffic ordinance — adoption by reference The "Washington Model Traffic Ordinance," WAC chapters 308-330, is hereby adopted by reference as the traffic ordinance of the City of Tukwila as if set forth in full. Also adopted by reference are Sections 4, 5, 6, 7, 10, 11, 12 and 23 of Chapter 275, Laws of 1994 and RCW 46.20.730 as amended by Section 23 of Chapter 275, Laws of 1994. (Ord. 1709 §1, 1994) 9.12.020 Sections not adopted The following sections of the MTO are not adopted by reference and are expressly deleted: WAC 308-330-250 Police Department to administer bicycle licenses. WAC 308-330-255 Police Department to regulate parking Produced by the City of Tukwila, City Clerk's Office Page 9-2 meters. WAC 308-330-275 Traffic Safety Commission -powers and duties. WAC 308-330-500 Bicycle license required. WAC 308-330-505 Bicycle license application. WAC 308-330-510 Issuance of bicycle license. WAC 308-330-515 Attachment of bicycle license plate or decal. WAC 308-330-520 Inspection of bicycles. WAC 308-330-525 Renewal of bicycle licenses. WAC 308-330-530 Bicycle transfer of ownership. WAC 308-330-535 Bicycle rental agencies. WAC 308-330-540 Bicycle dealers. WAC 308-330-560 Bicycle penalties. WAC 308-330-600 Parking meter spaces. WAC 308-330-610 Parking meters — Deposit of coins and time limits. WAC 308-330-620 Parking meters — Use of slugs prohibited. WAC 308-330-630 Tampering with parking meter. WAC 308-330-640 Parking meters — Rule of evidence. WAC 308-330-650 Parking meters — Application of proceeds. WAC 308-330-660 Service parking. (Ord. 1709 §2, 1985) Produced by the City of Tukwila, City Clerk's Office Page 9-2 Return to Title CHAPTER 9.16 LOCAL SPEED LIMITS - ONE-WAY STREETS Sections: 9.16.010 Forty mph on portion of West Valley Hwy 9.16.020 Secondary State Highway No. 181 9.16.030 South 132nd Street 9.16.040 Maule Avenue 9.16.050 Interurban Avenue 9.16.060 South 124th Street, 42nd Avenue South, and 50th Place South 9.16.070 Thirty-five mph on portion of Tukwila International Boulevard 9.16.010 Forty mph on portion of West Valley Highway A 40 -mile -per -hour speed limit zone is established on the West Valley Highway in the general vicinity of Renton/Tukwila city limits, and then in a generally northerly direction for approximately eight -tenths of a mile, and then in a generally southerly direction to the intersection of West Valley Highway and South 180th Street. (Ord. 1583 §1, 1990) 9.16.020 Secondary State Highway No. 181 A. A 50 mile -per -hour speed limit is established on Secondary State Highway No. 181 from the south limits of the City of Tukwila, which is State Highway Milepost No. 9.24, north to South 180th Street, which is State Highway Milepost No. 9.74. B. A 50 -mile -per -hour speed limit is established on Secondary State Highway No. 181 from the City limits of Tukwila at a point .24 miles south of the Chicago, Milwaukee, St. Paul and Pacific Railroad crossing which is State Highway Milepost No. 10.29, to a point .15 mile north of the Chicago, Milwaukee, St. Paul and Pacific Railroad crossing, which is State Highway Milepost No. 10.68. C. A 40 -mile -per -hour speed limit is established on Secondary State Highway No. 181 from State Highway Milepost No. 10.68 to State Highway Milepost No. 11.45. (Ord. 1395 §1, 1986; Ord. 1370 §1 (part), 1985) TITLE 9 — VEHICLES AND TRAFFIC 9.16.030 South 132nd Street South 132nd Street shall be a one-way street, traffic moving from 48th South to South 133rd Street. (Ord. 1370 §1 (part), 1985) 9.16.040 Maule Avenue Maule Avenue shall be a one-way street, traffic moving from South 147th to South 143 Place. (Ord. 1370 §1 (part), 1985) 9.16.050 Interurban Avenue A 35 -mile -per -hour speed limit is established on Interurban Avenue from State Highway Milepost No. 11.45 to the north City limits. (Ord. 1395 §2, 1986) 9.16.060 South 124th Street, 42nd Avenue South, and 50th Place South A 25 MPH speed limit is established on certain collector arterials as follows: 1. South 124th Street from 42nd Avenue South to 50th Place South. 2. 42nd Avenue South from Interurban Avenue to South 115th Street; except that Type 1, Type 2, and Type 3 trucks, as defined by the American Association of State Highway Officials (AASHTO), shall be restricted to a maximum speed of 15 MPH. 3. 50th Place South from South 1241h Street to the east City Limit. (Ord. 2566 §2, 2018) 9.16.070 Thirty-five mph on portion of Tukwila International Boulevard A 35 mile per hour speed limit zone is established for both directions of traffic on Tukwila International Boulevard between So. 139th Street and So. 152nd Street. (Ord. 2380 §1, 2012; Ord. 1875 §1, 1999; Ord. 1866 §1, 1999) Produced by the City of Tukwila, City Clerk's Office Page 9-3 Return to Title CHAPTER 9.18 FUNCTIONAL ARTERIAL SYSTEM Sections: 9.18.010 Designation of principal arterials 9.18.020 Designation of minor arterials 9.18.030 Designation of collector arterials 9.18.040 Designation of conceptual arterials (future construction) 9.18.010 Designation of principal arterials A. The primary function of principal arterials is to expedite through traffic between communities and traffic generated by major shopping centers, and serve travel between freeways and lesser classified arterials. Principal arterials are 50 or more feet wide with 80 or more feet of right-of-way. Principal arterial speed limits are normally set between 35 and 50 miles per hour. Principal arterial traffic volumes generally range between 10,000 and 50,000 per weekday. B. The following streets will be classified as principal arterials: 1. Pacific Highway South between Boeing Access Road and south City limit; 2. East Marginal Way between Boeing Access Road and north City limit; 3. Boeing Access Road between East Marginal Way and Empire Way; 4. Empire Way South between 1-5 and north City limit; 5. Interurban Ave. S. between 1-5 and 1-405; 6. West Valley Road between 1-405 and south City limit; 7. Southcenter Boulevard and Grady Way between 1-5 and east City limit; 8. 16th Avenue between the north and south City limit. (Ord. 1616 §2, 1991) 9.18.020 Designation of minor arterials A. The primary function of minor arterials is to serve intercommunity traffic traveling between neighborhoods, traveling between principal and collector arterials. Minor arterials serve smaller geographic areas than principal arterials. Minor arterial speed limits are usually 30 or 35 miles per hour. Traffic generators served by minor arterials include high schools, junior high schools, hospitals, community business centers, neighborhood shopping centers and athletic fields. Minor arterial traffic volumes range from 1,500 to 15,000 per weekday. Minor arterials are normally 44 feet wide with at least 60 feet of right-of-way. TITLE 9 — VEHICLES AND TRAFFIC B. The following streets will be classified as minor arterials: 1. Airport Way S. between Boeing Access Road and north City limit; 2. East Marginal Way S. and S. 13311 St. between Boeing Access Road and Interurban Ave S.; 3. Interurban Ave So. Between East Marginal Way S. and 1-5; 4. S. 154th St. between 1-5 and Pacific Highway S.; 5. Klickitat between SR 518 and Southcenter Parkway; 6. Southcenter Parkway and 57th Ave. S. between Tukwila Parkway and south City limit; 7. Tukwila Parkway between Southcenter Parkway and Southcenter Boulevard; 8. Strander Boulevard between Southcenter Parkway and West Valley Road; 9. Andover Park East between Tukwila Parkway and S. 180th St.; 10. Andover Park West between Tukwila Parkway and S. 180th St.; 11. S. 180th St. and S. 178th St. between West Valley Road and west City limit. (Ord. 1616 §3, 1991) 9.18.030 Designation of collector arterials A. The primary function of collector arterials is to serve traffic traveling between access streets and higher classification arterials and primarily serve local traffic of a neighborhood or commercial/industrial area. Collector arterials serve some through traffic and traffic within a local area, and provide access to abutting land with essentially unrestricted numbers of access points. Collector arterial generators include elementary schools, churches, clinics and small apartment areas. Collector arterial traffic volumes are generally less than 10,000 per day. Collector arterials are normally 36 to 40 feet wide with 60 feet of right-of- way. Collector arterials may have bus routes. B. The following streets will be classified as collector arterials: S. Norfolk St. between East Marginal Way and east City limit; 2. S. 112th St. between Pacific Highway S. and East Marginal Way S.; 3. S. 115th St. and 42nd Ave. S. between East Marginal Way and Interurban Ave. S.; 4. S. 124th St. and 50th Place S. between 42nd Ave. S. and east City limit; 5. Macadam Road S. between Interurban Ave. S. and S. 144th St.; 6. S. 144th St. between 58th Ave. S. and west City limit; Produced by the City of Tukwila, City Clerk's Office Page 9-4 Return to Title Return to Ch. 9.18 7. 65th Ave. S./S. 1471h St./581h Ave. S. between Southcenter Boulevard and Interurban; 8. Macadam Road/53rd Ave. S./52nd Ave. S. between Southcenter Boulevard and Interurban; 9. S. 130th St. between Macadam Road S. and Pacific Highway; 10. 401h Ave. S. and 42nd Ave. S. between East Marginal Way and south City limit; 11. S. 1601h St. and 53rd Ave. S. between Military Road and Klickitat; 12. S. 164th St. between Military Road and 51 sl Ave. S.; 13. 51 sl Ave. S. between S. 160th St. and south City limit; 14. Minkler Boulevard between Andover Park West and Andover Park East. (Ord. 1616 §4, 1991) 9.18.040 Designation of conceptual arterials (future construction) The following streets will be classified as conceptual arterials: 1. Minkler Boulevard between Andover Park East and Southcenter Parkway; 2. S. 168th St. between Southcenter Parkway and Andover Park West; 3. Tukwila Parkway extended between Andover Park East and east City limit; 4. Strander Boulevard extended between West Valley Road and east City limit; 5. S. Norfolk St. extended between East Marginal Way and SR 99; 6. Gateway Boulevard between Interurban Ave. S. and 50th Place So. (Ord. 1616 §5, 1991) TITLE 9 - VEHICLES AND TRAFFIC CHAPTER 9.20 PARKING REGULATIONS Sections: 9.20.010 Definitions 9.20.020 Alley - Driveway entrance 9.20.030 Parking on municipal property 9.20.040 Parking for maintenance purposes prohibited 9.20.050 Parking over time limits on City streets and highways prohibited 9.20.060 General parking regulations 9.20.070 Parking large vehicles, trailers and recreational vehicles on City streets 9.20.080 Parking Class 3 and Class 4 vehicles in residential zones 9.20.090 Recreational vehicle and trailer parking in residential zones 9.20.100 Unsafe parking 9.20.110 Controls -enforcement 9.20.120 Penalties and impound procedures 9.20.010 Definitions As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 1. "Class 1 Vehicle" means vehicles with a gross vehicle weight rating of 6,000 pounds or less as indicated in official state records. See Figure 9-2. 2. "Class 2 Vehicle" means vehicles with a gross vehicle weight rating of 6,001 pounds to 10,000 pounds as indicated in official state records. See Figure 9-2. 3. "Class 3 Vehicle" means vehicles with a gross vehicle weight rating of 10,001 pounds to 14,000 pounds as indicated in official state records. See Figure 9-2. 4. "Class 4 Vehicle" means vehicles with a gross vehicle weight rating of 14,001 pounds to 16,000 pounds as indicated in official state records. See Figure 9-2. 5. "Class 5 Vehicle" means vehicles with a gross vehicle weight rating of 16,001 pounds to 19,500 pounds as indicated in official state records. See Figure 9-2. 6. "Class 6 Vehicle" means vehicles with a gross vehicle weight rating of 19,501 pounds to 26,000 pounds as indicated in official state records. See Figure 9-2. 7. "Class 7 Vehicle" means vehicles with a gross vehicle weight rating of 26,001 pounds to 33,000 pounds as indicated in official state records. See Figure 9-2. 8. "Class 8 Vehicle" means vehicles with a gross vehicle weight rating of 33,001 pounds or more as indicated in official state records. See Figure 9-2. Produced by the City of Tukwila, City Clerk's Office Page 9-5 Return to Title Return to Ch. 9.20 9. "Pick-up Truck" means a motor vehicle designed, used or maintained for carrying, pulling or transporting property, typically with an enclosed cab and an open bed and low sides and a tailgate, and may be used with or without a canopy covering the bed. 10. "Recreational Vehicle" means travel trailer, motorhome, fifth -wheel trailer, or similar vehicles used for temporary accommodations while traveling. "Recreational vehicles" also includes boats, personal watercraft, snowmobiles and the like. 11. "Trailer" means every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle, constructed so that no appreciable part of its weight rests upon or is carried by such motor vehicle, whether attached or unattached to a motor vehicle, including, but not limited to semitrailers and pole trailers. "Small trailer" is defined as any trailer with a gross vehicle weight rating of less than 16,000 pounds as indicated in official state records. (Ord. 2494 §5, 2016) 9.20.020 Alley — Driveway entrance No person shall park a vehicle within a City alley in such a manner or under such conditions as to leave available 10 feet of the roadway for the free movement of vehicular and emergency traffic, and no person shall stop, stand, or park a vehicle within a City alley in such a position as to block the driveway entrance to any abutting property. (Ord. 2704 §1, 2023; Ord. 2494 §6, 2016) 9.20.030 Parking on municipal property A. Generally. No person shall stop, stand or park a vehicle in any garage, City of Tukwila park, parking area, or other property operated by the City, where signs prohibit or restrict such stopping, standing or parking without lawful authority or permission. B. Municipal Parks and Trails. No person shall stand, stop or park a vehicle in any municipal park or trail areas except in areas designated for such purposes. No person shall stand, stop or park any vehicle in a parking stall designated for a municipal park or trail area for a period of time exceeding the maximum amount of time permitted as posted or, if a time limit is not posted, for a period of time exceeding 6 hours, without lawful permission or authority. (Ord. 2704 §2, 2023; Ord. 2494 §7, 2016) 9.20.040 Parking for maintenance purposes prohibited No person shall park a vehicle upon any roadway for the principal purpose of maintenance or repairing such vehicle except for repairs necessitated by emergency. (Ord. 2494 §8, 2016) TITLE 9 — VEHICLES AND TRAFFIC 9.20.050 Parking over time limits on City streets and highways prohibited A. Generally. No person shall stop, park, leave standing, or store any vehicle, whether attended or unattended, on any street or highway within the City for more than 72 hours. B. Restricted Parking. Any street with a sign denoting limited hours for parking shall be restricted for general street parking. The street or area shall be marked by a sign clearly indicating limited hours for parking. (Ord. 2704 §3, 2023; Ord. 2494 §9, 2016) 9.20.060 General parking regulations A. Except where necessary to avoid conflict with other traffic, or in compliance with the law or the directions of a law enforcement officer, no person shall stop, stand, or park a vehicle: 1. In front of a public or private driveway or within 5 feet of the end of the radius leading thereto. 2. In a place that restricts vehicular access to mailboxes. 3. In any place where official signs prohibit parking. 4. In such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular and emergency traffic. 5. When signs are displayed giving notice thereof, on one or both sides of a street where parking is prohibited. 6. On cul-de-sacs when such action reduces the radius of the cul-de-sac to less than 35 feet. 7. Wrong way parking: To facilitate the safe flow of traffic entering a lane of travel, vehicles parked along the curb or on a City right-of-way must be parked facing the direction of vehicle travel for that lane of travel. B. Any vehicle stopped, parked, stored, or left unattended on any street, alley or highway within the City without a valid and current registration record (a license plate issued by any of the United States), and with the expiration of said registration confirmed through checking the license plate attached to the vehicle, or the VIN number of the vehicle, through the applicable State Department of Licensing, shall be subject to immediate issuance of a notice of infraction without regard to the length of time the vehicle has been stopped, parked, stored, or left unattended. C. It is unlawful for any person to alter or remove a mark placed upon a vehicle by a law enforcement officer to monitor and enforce the parking time limits in this chapter when the alteration or removal is intended to extend the period of parking time authorized. D. Re -parking the vehicle in the same block to avoid a time limit regulation is a violation of this chapter. (Ord. 2704 §4, 2023; Ord. 2494 §10, 2016) Produced by the City of Tukwila, City Clerk's Office Page 9-6 Return to Title Return to Ch. 9.20 9.20.070 Parking large vehicles, trailers and recreational vehicles on City streets A. Application. This section shall apply to any vehicle Class 5 or greater, trailers and recreational vehicles. B. Except as provided for in this section, no person shall park any vehicle Class 5 or greater, trailer or recreational vehicle on any street, alley or public right-of-way in the City. C. Exceptions. The parking prohibitions outlined in this section do not apply to the following: 1. Stopping or parking while in the process of actively loading or unloading provided that vision and traffic flow are not obstructed. 2. Stopping or parking while actively engaged in a construction or utility project, or while actively engaged in business with a property owner or tenant in the immediate vicinity. 3. Stopping or parking school buses for a period of three hours during the days and hours when students are in school or during school -related special events, provided that vision and traffic flow are not obstructed. 4. Stopping or parking recreational vehicles and small trailers in residential areas as regulated by TMC Section 9.20.090. 5. Stopping or parking authorized emergency vehicles. (Ord. 2494 §11, 2016) 9.20.080 Parking Class 3 and Class 4 vehicles in residential zones A. Application. This section shall apply to Class 3 vehicles and Class 4 vehicles. B. No person shall park any vehicle subject to this section on or along any street, alley or public right-of-way in a residential zoning district of the City; provided that this restriction shall not apply to pick-up trucks falling within the Class 3 vehicle rating. C. As used in this section, a street, alley or public right-of- way in a residential zoning district of the City shall be as defined and described in TMC Chapter 18.08, including the Low Density Residential (LDR) zone, the Medium Density Residential (MDR) zone, and the High Density Residential (HDR) zone. Mixed-use zoning districts shall not constitute a residential zoning district of the City for the purposes hereof. In order for a street, alley or public right-of-way to be considered in a residential zoning district of the City, the property on both sides of the roadway shall be zoned LDR, MDR, and/or HDR. D. Exceptions. The parking prohibitions outlined in this section do not apply to the following: 1. Pick-up trucks falling within the Class 3 vehicle rating. 2. Stopping or parking recreational vehicles in residential areas as regulated by TMC Section 9.20.090. (Ord. 2494 §12, 2016) TITLE 9 — VEHICLES AND TRAFFIC 9.20.090 Recreational vehicle and trailer parking in residential zones A. Application. This section shall apply to parking recreational vehicles and small trailers on City streets in residential zones. B. Recreational vehicles and small trailers may be parked on any City street, alley or public right-of-way in any residential zone in the City for a period of up to 24 hours. C. Recreational vehicles may be stored or parked on private property as specified in TMC Section 18.56.065. (Ord. 2545 §1, 2017; Ord. 2494 §13, 2016) 9.20.100 Unsafe parking No person shall stop, park, leave standing, or store any vehicle, whether attended or unattended, on any street or highway within the City, where such vehicle obstructs visibility or sight distance in such a manner as to jeopardize public safety. (Ord. 2494 §14, 2016) 9.20.110 Controls—enforcement A. The Public Works Department or designee is authorized to place and maintain traffic control devices, including signs indicating parking restrictions, as deemed necessary to regulate, warn, or guide traffic under any parking or travel on roadways, highways and intersections in the City. B. For the purpose of issuing infractions under TMC Chapter 9.20, the Chief of Police may designate other individuals, including individuals not commissioned as police officers, to enforce TMC Chapter 9.20 and to issue citations to violators as provided therein. (Ord. 2494 §15, 2016) 9.20.120 Penalties and impound procedures A. Violations of the provisions of TMC Chapter 9.20 are parking infractions punishable by monetary penalties as set forth in the below table, and/or impoundment pursuant to this section. B. Delinquent Fee Authorized. Unpaid parking violations will incur a $25.00 late fee following 30 days from the date of violation or upon failure to comply with a time pay agreement. Type of Parking Violation Penalb. Unsafe parking on roadway (TMC $150 9.20.100) Parking on municipal property (TMC $30 9.20.030) Parking large vehicles, trailers and 1 st violation: $30 recreational vehicles on City streets (TMC 2nd violation: $50 9.20.070) 3rd or subsequent violation: $75 Parking over time limits on City streets and $20 highways (TMC 9.20.050) Any parking violations not otherwise $48 specified Produced by the City of Tukwila, City Clerk's Office Page 9-7 Return to Titie Return to Ch. 9.20 C. Impound Authorized. Any vehicle parked on any City right-of-way or City owned, leased or operated property in violation of TMC Chapter 9.20 is subject to citation by a law enforcement officer and/or impoundment in accordance with this chapter by the law enforcement officer or a public official having jurisdiction over the right-of-way or property upon which the vehicle is located. D. Immediate Impound. Vehicles parked in violation of TMC Chapter 9.20 are subject to immediate impound under the following circumstances: 1. When the vehicle is impeding the normal flow of vehicular or pedestrian traffic; 2. When the vehicle is parked in violation of a parking restriction sign or when the vehicle is interfering, or is likely to interfere, with the intended use of the restricted parking zone; or 3. When the vehicle poses an immediate danger to public safety. E. Other Impound. A vehicle not subject to immediate impoundment under TMC Section 9.20.120.0 may be impounded for violating any provision of TMC Chapter 9.20. A notice of impoundment shall be securely attached to, and conspicuously displayed on, the vehicle for a period of 72 hours prior to impoundment. The notice shall include: 1. The date and time the sticker was attached. 2. The identity of the officer. 3. A statement that if the vehicle is not removed within 72 hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner's expense. 4. A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the registered owner will have committed the traffic infraction of littering—abandoned vehicle. 5. The address and telephone number where additional information may be obtained. F. Post -impoundment Redemption and Hearing. 1. Not more than 24 hours after impounding a vehicle, the tow operator shall send by first class mail to the last known registered and legal owners of the vehicle (1) a notice containing the full particulars of the impoundment, the redemption procedure, and the opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120, and (2) forms for requesting the hearing. The tow operator also shall give the notice and forms to any person redeeming the vehicle within the 24-hour period. 2. The registered or legal owner of the vehicle may request a hearing in Tukwila Municipal Court to contest the validity of the impoundment. The request for a hearing shall be made on the form provided by the tow operator, and shall be received by the Tukwila Municipal Court within 10 days (including Saturdays, Sundays and holidays) of the date on which the notice and forms were mailed. If the request for such a hearing is not received by the Tukwila Municipal Court within the 10 -day period, the right to a hearing shall be deemed waived and the registered and legal owners shall be liable for any towing, storage and other charges authorized by RCW 46.55.063. TITLE 9 — VEHICLES AND TRAFFIC 3. The procedures for redemption of an impounded vehicle and for the hearing to contest the validity of an impoundment shall be in accordance with Chapter 46.55 RCW. G. Costs. Any costs incurred in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. All towing and storage charges on that impounded vehicle shall be paid by the owner or his/her agent if the vehicle is redeemed. Either a registered or legal owner may claim an impounded vehicle by payment of all charges that have accrued at the time of reclamation. If the vehicle was impounded at the direction of a law enforcement agency, the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that the vehicle has been claimed, and by whom. H. Nonexclusive Remedies. The impounding of a vehicle shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded. I. Contract with registered disposer to dispose of vehicles and hulks—Compliance required. 1. The City may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer of certain automobile hulks, abandoned junk motor vehicles and abandoned vehicles. 2. Any registered disposer under contract to the City for the removing and storing of vehicles or hulks shall comply with all applicable laws, ordinances and regulations, including Chapter 46.55 RCW and the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the Police Chief or the Director of the Washington State Department of Licensing. (Ord. 2704 §5, 2023; Ord. 2494 §16, 2016) Produced by the City of Tukwila, City Clerk's Office Page 9-8 Return to Title CHAPTER 9.21 INTERFERING WITH TRAFFIC Sections: 9.21.010 Purpose 9.21.020 Definitions 9.21.030 Interference with traffic prohibited 9.21.040 Penalty for violation 9.21.010 Purpose The purpose of this chapter is to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City, to promote tourism and business, and to preserve the quality of urban life. Interference with traffic by pedestrians within the right-of-way is unsafe and should be restricted. By this legislation, the City Council intends to promote the health, safety, and welfare of the citizens of and visitors to the City of Tukwila. (Ord. 2419 §2, 2013) 9.21.020 Definitions For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section: 1. `Interfere" means to hinder, obstruct, or slow. 2. "Right-of-way" means, without limitation, public streets, state routes and interstate highways (including, but not limited to, on and off ramps), sidewalks, alleys, shoulders, traffic islands, and driveways. (Ord. 2419 §3, 2013) 9.21.030 Interference with traffic prohibited It shall be unlawful for any person, while in the right-of-way, to take any action that interferes with the lawful flow of traffic. (Ord. 2419 §4, 2013) 9.21.040 Penalty for violation Violations of this chapter shall be punishable as follows: 1. The first violation of this chapter shall be punishable by a civil infraction in an amount not to exceed $124.00. 2. The second violation of this chapter shall be punishable by a civil infraction in an amount not to exceed $200.00. 3. The third and all subsequent violations of this chapter shall be punishable by a civil infraction in an amount not to exceed $300.00. (Ord. 2419 §5, 2013) TITLE 9 — VEHICLES AND TRAFFIC CHAPTER 9.24 BICYCLES Sections: 9.24.010 Model ordinance - Adoption by reference 9.24.010 Model ordinance - Adoption by reference The following provisions of the Washington Model Traffic Ordinance, and all future amendments thereto, are adopted by reference: RCW 46.90.500 46.90.540 46.90.550 46.90.555 46.90.565. 46.90.545 46.90.560 (Ord. 1370 §1 (part), 1985) Produced by the City of Tukwila, City Clerk's Office Page 9-9 Return to Title CHAPTER 9.28 MISCELLANEOUS REGULATIONS Sections: 9.28.010 Railroad trains not to block streets 9.28.030 Inattentive driving 9.28.035 Avoiding an Intersection 9.28.037 Negligent operation of skateboards and other devices prohibited 9.28.038 Electric Vehicle Parking 9.28.040 Penalty 9.28.010 Railroad trains not to block streets It is unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching. (Ord. 1794 §1 (part), 1997) 9.28.030 Inattentive driving It shall be an infraction for any person to operate a motor vehicle within the City in an inattentive manner. For the purposes of this section, "inattentive manner" means the operation of a motor vehicle in a manner which evidences a lack of the degree of attentiveness required to safely operate the vehicle under the prevailing conditions of the roadway, presence of other traffic, presence of pedestrians and weather conditions. The offense of operating a motor vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in the offense of, operating a motor vehicle in a negligent manner. (Ord. 1794 §1 (part), 1997) 9.28.035 Negligent operation of skateboards and other devices prohibited It is unlawful for any person to rollerskate, rollerblade or operate a skateboard, coaster, toy vehicle or similar device in a negligent, or reckless manner on any roadway, sidewalk, publicly - owned parking lot or park. For the purpose of this section, "to operate in a negligent or reckless manner" means the rollerskating, rollerblading or operation of a skateboard, coaster, toy vehicle or similar device in such a manner as to threaten or endanger or be likely to threaten or endanger any persons or property. (Ord. 1794 §1 (part), 1997) TITLE 9 — VEHICLES AND TRAFFIC 9.28.037 Electric Vehicle Parking The following regulations apply to enforcement of non -electric vehicles that park in electric vehicle charging station spaces and for electric vehicles parked out of compliance with posted days and hours of charging operation. These regulations are applicable for electric vehicle charging station spaces that are publicly accessible (e.g., on -street parking, municipal garages, park-and- ride lots, shopping centers, etc.). Signage regulations for enforcement are included in Title 18, Chapter 18.56, "Off -Street Parking and Loading Regulations." 1. Electric vehicle charging stations are reserved for parking and charging electric vehicles only. 2. Electric vehicles may be parked in any space designated for public parking subject to the restrictions that would apply to any other vehicle that would park in that space. 3. When a sign authorized under TMC Chapter 18.56 provides notice that a space is a designated electric vehicle charging station, no person shall park or stand any non -electric vehicle in a designated electric vehicle charging station space. Any non -electric vehicle is subject to fine or removal. 4. Any electric vehicle in a designated electric vehicle charging station space and not electrically charging, or parked beyond the days and hours designated on regulatory signs posted at or near the space, shall be subject to a fine and/or removal. For purposes of this subsection, "charging" means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment. 5. Upon adoption by the City of Tukwila, the City Engineer shall cause appropriate signs and marking to be placed in and around electric vehicle charging station spaces, indicating prominently thereon the parking regulations. The signs shall define time limits and hours of operation, as applicable, and shall state that the parking space is reserved for charging electric vehicles and that an electric vehicle may only park in the space for charging purposes. Violators are subject to a fine and/or removal of their vehicle. 6. Violations of this section shall be punishable as infractions. Punishment shall be by a fine not to exceed the fine prescribed in accordance with TMC Section 9.28.040. Each day such violation is committed shall constitute a separate offense and shall be punishable as such. Any commissioned police officer or Tukwila Police Department volunteer authorized by the Police Chief or other designated law official in the manner and subject to the requirements of TMC Section 9.20.120 is authorized to issue electric vehicle parking infractions. 7. In addition to a fine, a vehicle left parked or standing in violation of TMC Section 9.28.037, upon a publicly accessible electric vehicle charging space that is appropriately marked and posted, is subject to being removed from the charging space by any commissioned police officer or Tukwila Police Department volunteer authorized by the Police Chief or other designated law official in the manner and subject to the requirements of TMC Section 9.20.120. (Ord. 2494 §18, 2016; Ord. 2324 §11, 2011) Produced by the City of Tukwila, City Clerk's Office Page 9-10 Return to Title Return to Ch. 9.28 9.28.038 Avoiding an Intersection It is unlawful for any person operating a motor vehicle on the roadways of the City, upon approaching or leaving an intersection, to proceed across any public or private property in such a way as to avoid the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority. (Ord. 2726 §2, 2023) 9.28.040 Penalty With the exception of TMC Section 9.28.037, violation of any of the provisions of this chapter constitutes a civil infraction not to exceed $200 per day per violation. Violation of TMC Section 9.28.037 constitutes a parking infraction punishable by monetary penalties in accordance with the table set forth in TMC Section 9.20.120.A and/or impoundment. (Ord. 2704 §6, 2023; Ord. 2494 §19, 2016; Ord. 1794 §1 (part), 1997) TITLE 9 — VEHICLES AND TRAFFIC CHAPTER 9.30 COMPRESSION BRAKES Sections: 9.30.010 Compression Brakes Prohibited 9.30.020 Signposting 9.30.030 Violation — Penalty 9.30.010 Compression Brakes Prohibited A. No person shall use motor vehicle brakes, which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. B. The use of compression brakes applied in an emergency stopping situation, necessary for the protection of persons and/or property, shall not be deemed a violation of this chapter. C. Emergency vehicles are not subject to the regulations of this chapter. (Ord. 2041 §1 (part), 2004) 9.30.020 Signposting The Public Works Department is authorized to post and maintain appropriate signage consistent with the provisions of this chapter. (Ord. 2041 §1 (part), 2004) 9.30.030 Violation — Penalty Violations of TMC Chapter 9.30 are civil infractions punishable by a penalty of not more than $300.00. (Ord. 2041 §1 (part), 2004) Produced by the City of Tukwila, City Clerk's Office Page 9-11 Return to Title CHAPTER 9.32 ABANDONED AND JUNKED MOTOR VEHICLES Sections: 9.32.010 Definitions 9.32.020 Authority to impound vehicles on the highway 9.32.030 Notices to owners required 9.32.060 Stolen and abandoned vehicles - Reports of notice- - Disposition 9.32.070 Owner of record presumed liable for costs when vehicle abandoned - Exceptions 9.32.080 Owner or agent required to pay charges - Lien 9.32.090 Impounding not to prevent prosecution 9.32.100 Contract with registered disposer to dispose of vehicles and hulks - Compliance required 9.32.110 Unlawful to abandon junk motor vehicles 9.32.120 Abandoning vehicles unlawful 9.32.200 Penalties 9.32.010 Definitions For the purposes of this chapter the following words shall have the following meanings: 1. "Abandoned vehicle" means any vehicle or automobile hulk left within the right-of-way of any highway or on the owner of such property for a period of 24 hours or longer; provided, that a vehicle or hulk shall not be considered abandoned if it is lawfully parked for a period not exceeding 72 hours; provided further, that a vehicle or hulk shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance. 2. "Abandoned junk motor vehicle" means any motor vehicle substantially meeting the following requirements: a. Left on private property for more than 24 hours without the permission of the person having right to the possession of the property, or on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway for 24 hours or longer; b. Extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor or transmission; c. Apparently inoperable; d. Without a valid, current registration plate; e. Having a fair market value equivalent to the scrap therein, only. TITLE 9 — VEHICLES AND TRAFFIC 3. "Automobile hulk" means any portion or portions of a motor vehicle which is inoperative and cannot be made mechanically operative without additional vital parts and a substantial amount of labor. 4. "Department" means the Washington State Department of Licensing. 5. "Director" means the director of the Department of Licensing or his designee. 6. "Police Chief' means the Tukwila Police Chief or his designee. (Ord. 1370 §1 (part), 1985) 9.32.020 Authority to impound vehicles on the highway Members of the Police Department are authorized to remove and impound vehicles found on the highway, by means of towing, under any of the following circumstances: 1. When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic; 2. When any vehicle upon a highway, including tunnels, bridges or approaches, is so disabled as to constitute an obstruction to traffic or when the person or persons in charge of the vehicle are incapacitated to such an extent as to be unable to provide for its custody or removal and there is no other person present who may properly act as agent for such operator in the care of his vehicle; 3. When any vehicle is left unattended upon a highway and is so parked illegally as to constitute a hazard or obstruction to the normal movement of traffic; 4. When any vehicle operating on a highway is found to be defective in equipment in such a manner that it may be considered unsafe; 5. When any vehicle is found in a tow -away zone; 6. When the operator of any vehicle is arrested and placed in custody and is not in condition to drive, and the vehicle is not in a place of safety and there is no other person present who may properly act as agent for such operator to drive the vehicle to a place of safety; and 7. When any abandoned vehicle or abandoned junk motor vehicle is found on a highway. 8. When a vehicle is parked upon an elevated sidewalk or upon a designated (by traffic paint delineation) walkway and is obstructing said sidewalk or walkway, causing any pedestrian traffic to be forced to move around it into a vehicle lane of travel. 9. When a vehicle is parked within 5 feet of a driveway and causing a line of sight of oncoming traffic obstruction for vehicles attempted to enter the roadway from that driveway. (Ord. 2704 §7, 2023; Ord. 2494 §20, 2016; Ord. 1502 §3, 1989; Ord. 1370 §1 (part), 1985) Produced by the City of Tukwila, City Clerk's Office Page 9-12 Return to Title Return to Ch. 9.32 9.32.030 Notices to owners required A. Prior to removal and impoundment of a vehicle, as authorized in TMC 9.32.020, an officer shall make a reasonable effort to ascertain the name and address of the owner of such vehicle and to notify said owner of the officer's intent to impound such vehicle unless the vehicle is immediately removed from its illegal location. B. Whenever an officer removes and impounds a vehicle from a highway as authorized in TMC 9.32.020, he shall as soon as practicable give or cause notice to be given in writing to the owner of such vehicle, if any record exists of the registered or legal owner in the records of the authority last licensing such vehicle, of the fact of such removal and the reasons therefor, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. C. Whenever an officer does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner as set forth above, and in event the vehicle is not returned to the owner within a period of three days, the officer shall immediately send or cause to be sent a written report of such removal by mail to the department and shall file a copy of such notice with the proprietor of any garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. (Ord. 1502 §4, 1989; Ord. 1370 §1(part), 1985) 9.32.060 Stolen and abandoned vehicles - Reports of notice -- Disposition A. It shall be the duty of the Chief of Police to report immediately to the chief of the Washington State Patrol all motor vehicles reported to him as stolen or recovered, upon forms to be provided by the chief of the Washington State Patrol. B. In the event that any motor vehicle reported as stolen has been recovered, the person so reporting the same as stolen shall be guilty of a misdemeanor unless he shall report the recovery thereof to the Chief of Police to whom such motor vehicle was reported stolen. C. It shall be the duty of the Chief of Police to report to the chief of the Washington State Patrol all vehicles or automobile hulks found abandoned on a highway or at any other place and the same shall at the direction of a law enforcement officer, be placed in the custody of a registered disposer. (Ord. 1370 §1 (part), 1985). TITLE 9 — VEHICLES AND TRAFFIC 9.32.070 Owner of record presumed liable for costs when vehicle abandoned - Exceptions A. The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing and disposing of any abandoned vehicle. B. A registered owner transferring a vehicle shall be relieved from personal liability under this chapter if within five days of the transfer he transmits to the department a seller's report of sale on a form prescribed by the director. (Ord. 1370 §1 (part), 1985) 9.32.080 Owner or agent required to pay charges — Lien A. Any costs incurred in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. All towing and storage charges on such vehicle impounded shall be paid by the owner or his agent if the vehicle is redeemed. In the case of abandoned vehicles, all costs of removal and storage shall be paid by the owner or his agent if the vehicle is redeemed, but if not redeemed, such costs shall be received from the proceeds of sale. B. Either a registered or legal owner may claim an impounded vehicle by payment of all charges that have accrued to the time of reclamation. If the vehicle was impounded at the direction of a law enforcement agency, the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that the vehicle has been claimed, and by whom. (Ord. 1370 §1 (part), 1985) 9.32.090 Impounding not to prevent prosecution The impounding of a vehicle shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded. (Ord. 1370 §1 (part), 1985) Produced by the City of Tukwila, City Clerk's Office Page 9-13 Return to Title Return to Ch. 9.32 9.32.100 Contract with registered disposer to dispose of vehicles and hulks - Compliance required A. The City may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer of certain automobile hulks, abandoned junk motor vehicles and abandoned vehicles. B. Any registered disposer under contract to the City for the removing and storing of vehicles or hulks shall comply with the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the Police Chief or the director. (Ord. 1370 §1 (part), 1985) 9.32.110 Unlawful to abandon junk motor vehicles A. No person shall willfully leave an automobile hulk and/or abandoned vehicle on private property for more than 24 hours without the permission of the person having the right to possession of the property, or upon or within the right-of-way of any highway or other property open to the public for purposes of vehicular travel or parking for 24 hours or longer without notification to the Chief of Police of the reasons for leaving the motor vehicle in such a place. B. For the purposes of this section, the fact that a motor vehicle has been left without permission or notification is prima facie evidence of abandonment. Any person convicted of abandoning a junk motor vehicle shall be assessed any costs incurred by the City in disposing of such abandoned junk motor vehicle less any moneys accrued to the City from such disposal. (Ord. 1370 §1 (part), 1985) 9.32.120 Abandoning vehicles unlawful No person shall leave or permit a vehicle to remain on private property without the permission of the owner longer than 24 hours. (Ord. 1370 §1 (part), 1985) 9.32.200 Penalties Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070. (Ord. 2549 §16, 2017; Ord. 1838 §6, 1998; Ord. 1370 §1 (part), 1985). TITLE 9 — VEHICLES AND TRAFFIC CHAPTER 9.34 OPERATION OF MOTORIZED FOOT SCOOTERS, POCKET BIKES AND EPAMDS Sections: 9.34.010 Definitions 9.34.020 Pocket Bikes 9.34.030 Electric Personal Assistive Mobility Device (EPAMD) 9.34.040 Motorized Foot Scooters 9.34.050 Responsibility 9.34.060 Violation and Penalties 9.34.010 Definitions For the purposes of TMC Chapter 9.34, the following definitions shall apply: 1. "EPAMD" is an electric, personal -assistive mobility device, which is a self -balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of 750 watts (one horsepower), having a maximum speed on a paved surface of less than 20 miles per hour (mph), when powered solely by such a propulsion system. 2. "Motorized foot scooter" means a device with no more than two 10 -inch -or -smaller diameter wheels, that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. A motor -driven cycle, a moped, an electric -assisted bicycle or a motorcycle is not a motorized foot scooter. 3. "Pocket bike" (also known as miniature motorcycle, miniature chopper or sports racer) is a low -profile motorized vehicle 30" or less in height, weighing under 125 pounds, with 10" or smaller wheels, either electric -powered or having an engine displacement of 49cc's or fewer. (Ord. 2065 §1 (part), 2004) 9.34.020 Pocket Bikes A. Pocket bikes are prohibited from operation on any street, road or byway publicly maintained and open to the public for vehicular travel in the City of Tukwila. B. Pocket bikes may not be legally operated on sidewalks, bike lanes, trails or any place prohibiting the use of motorized vehicles. C. This section applies to pocket bikes and any similar motor vehicle with a low profile but of a slightly different size. (Ord. 2065 §1 (part), 2004) Produced by the City of Tukwila, City Clerk's Office Page 9-14 Return to Title Return to Ch. 9.34 9.34.030 Electric Personal Assistive Mobility Device (EPAMD) A. EPAMDs may be operated on roads and road shoulders where the speed limits are 25 mph or less, and on bicycle lanes, sidewalks and alleys. They are prohibited in City parks, and on multiple -use trails within the City. B. A person operating an EPAMD shall obey all speed limits and shall yield the right-of-way to pedestrians and human - powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Persons operating an EPAMD have all the rights and duties of a pedestrian, though they must follow rules of the road when traveling on the roadway. C. It is unlawful to operate an EPAMD in a negligent or unsafe manner. They shall be operated with reasonable regard for the safety of the operator and other persons. Examples of operating in a negligent manner include, but are not limited to, failure to obey all traffic control devices, or failure to yield right-of- way to pedestrians and/or vehicular traffic. D. EPAMDs on roadways should ride as close as practicable to the right side of the road. E. EPAMD operators should dismount their device on the right side of the road and cross the road at an intersection as a pedestrian would if making a left hand turn. F. No EPAMD shall be operated between the times of sunset and sunrise, unless operated as a mobility assistant for a disabled occupant, in which case lights and reflectors must be properly installed per RCW 46.04. G. No EPAMD shall be operated with any passengers in addition to the operator. H. All operators of EPAMDs shall follow State law as found in RCW 46.61.710, detailing that they have the rights and duties of a pedestrian unless otherwise regulated in this section. (Ord. 2065 §1 (part), 2004) 9.34.040 Motorized Foot Scooters A. GENERAL REQUIREMENTS: 1. Except as otherwise prohibited in TMC Chapter 9.34, motor scooters may be operated on roads and road shoulders where the speed limits are 25 mph or less. 2. Every internal combustion engine -driven foot scooter shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. 3. The use of a cutout, bypass, or similar muffler elimination device is prohibited on any motorized foot scooter. 4. Motorized foot scooters shall be equipped with a kill (deadman's) switch, in such a manner that the drive motor is engaged through a switch, lever or other mechanism that, when released, will cause the drive motor to disengage or cease to function. 5. It is unlawful to operate on a public roadway or on public property with a motorized foot scooter that has had factory - installed brakes removed or altered to the extent that the braking TITLE 9 — VEHICLES AND TRAFFIC device is ineffective. Brakes on motorized foot scooters must enable the operator to make the braked wheels skid on dry, level and clean pavement. 6. Handlebars on a motorized foot scooter must not exceed the shoulders of the operator. 7. Noise Restrictions: a. Motorized foot scooters must comply with the provisions in TMC Chapter 8.22.110, "Public Disturbance Noises." b. No motorized foot scooter shall emit frequent, repetitive or continuous sounding of any horn or siren, except as a warning of danger or as specifically permitted or required by law. c. No motorized foot scooter shall be operated in such a manner that results in screeching or other sounds from scooter tires coming in contact with the ground or pavement because of rapid acceleration, braking or excessive speed around corners or because of such other reason not connected with avoiding danger. B. REQUIREMENTS FOR OPERATION: 1. It is unlawful to operate a motorized foot scooter in a negligent or unsafe manner. They shall be operated with reasonable regard for the safety of the operator and other persons. Examples of operating in a negligent manner include, but are not limited to, failure to obey all traffic -control devices, or failure to yield right-of-way to pedestrians and/or vehicular traffic. 2. No motorized foot scooter shall be operated without the operator wearing a properly fitted and fastened helmet, that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI). 3. No person operating a motorized foot scooter shall tow or pull another person behind such device. In the event that a person is pulled or towed behind a motorized foot scooter, the person operating the scooter and the person being towed or pulled are both in violation of TMC Chapter 9.34. 4. No person may operate a motorized foot scooter on a public byway unless such person is 16 years or older. 5. Any person operating a motorized foot scooter shall obey all rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic -control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. 6. It shall be unlawful to operate a motorized foot scooter other than as close as practicable to the right—hand curb or right edge of the roadway. 7. When preparing for a left turn, the motorized foot scooter operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians in RCW Chapter 46.61. 8. No motorized foot scooter shall be operated with any passengers in addition to the operator. 9. No motorized foot scooter shall be operated between the times of sunset and sunrise. Produced by the City of Tukwila, City Clerk's Office Page 9-15 Return to Title Return to Ch. 9.34 10. Prohibited Areas. It is unlawful for any person to operate or ride upon a motorized foot scooter or similar device in any of the following areas: a. Parks, including their sidewalks, parking lots, streets, paths, trails and similar travel ways. b. Multi -use trails, including all City and regional recreational trails in the City. c. Sidewalks within the City limits. d. Parking lots of any municipal facility. e. Roads with speeds over 25 mph. C. APPLICATION TO OTHER DEVICES: The provisions of TMC Chapter 9.34 regarding motorized foot scooters apply to any device that: 1. Matches the definition of a motorized foot scooter, except for the number or size of the device's wheels; and 2. Cannot be defined as: a. A vehicle legally registered by the Washington Department of Vehicle Licensing as a motorcycle or moped. b. An electric -assisted bicycle. (Ord. 2065 §1 (part), 2004) 9.34.050 Responsibility No person shall perform any act forbidden by TMC Chapter 9.34 nor fail to perform any act required in TMC Chapter 9.34. It is unlawful for any parent, guardian or other person having control or custody of a minor child to allow said minor to operate a motorized foot scooter, pocket bike, or EPAMD in violation of TMC Chapter 9.34. (Ord. 2065 §1 (part), 2004) 9.34.060 Violations and Penalties A. The City of Tukwila Police Department personnel shall be responsible for enforcing the provisions of TMC Chapter 9.34. B. Upon determining a violation of TMC Chapter 9.34 has occurred, law enforcement officers may, at their discretion, issue a civil infraction in the amounts specified in TMC 9.34.060.0 to any person — including a parent or guardian — violating any of the provisions of TMC Chapter 9.34. C. The following monetary penalties shall apply: 1. First offense = $40. 2. Second offense = $80. 3. Third and future offenses = $250 each. (Ord. 2065 §1 (part), 2004) TITLE 9 — VEHICLES AND TRAFFIC CHAPTER 9.38 PENALTY FOR VIOLATION Sections: 9.38.010 Penalty designated 9.38.020 Certain penalties to be consistent with State law 9.38.010 Penalty designated Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this title shall be punished by a fine not to exceed $5,000, or imprisonment in jail for a term not exceeding one year, or by both fine and imprisonment. (Ord. 1370 §1 (part), 1985) 9.38.020 Certain penalties to be consistent with State law All motor vehicle or traffic violations prohibited by this title, and which are described by State statutes adopted by reference in this title, are punishable as criminal offenses or as motor vehicle civil infractions in a manner consistent with Chapters 20, 61, 63 and 64 of Title 46 of the Revised Code of Washington, and other State statutes prescribing punishment or penalty. (Ord. 1370 §1 (part), 1985) Produced by the City of Tukwila, City Clerk's Office Page 9-16 Return to Title CHAPTER 9.44 COMMUTE TRIP REDUCTION PLAN AND PROGRAM REQUIREMENTS Sections: 9.44.010 Purpose 9.44.020 Definitions 9.44.030 CTR Goals 9.44.040 Responsible City Agencies 9.44.050 Applicability 9.44.060 Requirements for Employers 9.44.070 Record Keeping 9.44.080 Schedule and Process for CTR Reports 9.44.090 Enforcement 9.44.100 Exemptions and Goal Modifications 9.44.110 Appeals 9.44.010 Purpose A. The purpose of TMC Chapter 9.44 is to improve air quality, reduce traffic congestion, and minimize energy consumption. These regulations are prepared to comply with RCW 70.94.521, by requiring employer -based programs that encourage employees to find alternatives to drive -alone commuting, with collaboration between the City of Tukwila and affected employers. B. The Commute Trip Reduction Plan for the City of Tukwila, as required by RCW 70.94.527, is hereby adopted by reference hereto as it appears in Attachment A, or as hereto amended by ordinance of the City Council. (Ord. 2201 §1 (part), 2008) 9.44.020 Definitions For the purpose of this ordinance, the following definitions shall apply in the interpretation and enforcement of this ordinance: 1. 'Affected Employee" means a full-time employee who begins his or her regular workday at a single worksite between 6:00 and 9:OOAM (inclusive) on two or more weekdays for at least 12 continuous months. Seasonal, agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. 2. "Affected Employer" means an employer that employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular workday between 6:00 and 9:OOAM (inclusive) on two or more weekdays for at least 12 continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. 3. "Alternative Mode" means any means of commute transportation other than that in which the single -occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks, if they result in reducing commute trips. 4. "Alternative Work Schedules" means programs such as compressed work weeks that eliminate work trips for affected employees. TITLE 9 — VEHICLES AND TRAFFIC 5. "Base Year" means the 12 -month period that commences when a major employer is determined by the local jurisdiction to be participating within the local CTR program. The City of Tukwila uses this 12 -month period as the basis upon which it develops local commute trip reduction goals. 6. "Base Year Survey" or "Baseline Measurement" means the survey, during the base year, of employees at a major employer worksite to determine the drive -alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the City of Tukwila. 7. "Carpool" means a motor vehicle, occupied by two to six people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip. 8. "Commute Trips" means trips made from a worker's home to a worksite (inclusive) on weekdays. 9. "CTR Plan" means the City of Tukwila's plan and ordinance to regulate and administer the CTR programs of affected employers within its jurisdiction. 10. "CTR Program" means an employer's strategies to reduce employees' drive- alone commutes and vehicle miles traveled (VMT) per employee. 11. "Compressed Work Week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four 10 -hour days or 80 hours in nine days, but may also include other arrangements. 12. "Custom Bus/Buspool" means a commuter bus service arranged specifically to transport employees to work. 13. "Dominant Mode" means the mode of travel used for the greatest distance of a commute trip. 14. "Drive Alone" means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. 15. "Drive -Alone Trips" means commute trips made by affected employees in single occupant vehicles. 16. "Employee" means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partner of the employer. 17. "Employee Transportation Coordinator (ETC)" means a person who is designated as responsible for the development, implementation and monitoring of an employer's CTR program. 18. "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, non-profit or private, that employs workers. 19. "Exemption" means a waiver from any or all CTR program requirements granted to an employer by a city, based on unique conditions that apply to the employer or employment site. Produced by the City of Tukwila, City Clerk's Office Page 9-17 Return to Title Return to Ch. 9.44 20. "Flex -Time" is an employer policy that provides work schedules allowing individual employees flexibility in choosing the start and end time, but not the number of their working hours. 21. "Full -Time Employee" means a person, other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week. 22. "Good Faith Effort" means that an employer has met the minimum requirements identified in RCW 70.94.531 and this ordinance, and is working collaboratively with the City of Tukwila to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time. 23. "Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521-555 and this ordinance, as evidenced by appointment of an ETC, distribution of information to employees regarding alternatives to drive -alone commuting, and commencement of other measures according to its approved CTR program and schedule. 24. "Major Employer" means a private or public employer, including state agencies, that employs 100 or more full- time employees at a single worksite who begin their regular workday between 6:00 and 9:00 AM on weekdays for at least 12 continuous months during the year. 25. "Major Employer Worksite" or "Affected Employer Worksite" or "Worksite" means the physical location occupied by a major employer, as determined by the local jurisdiction. 26. "Major Employment Installation" means a military base or federal reservation, or other facilities as designated by the City of Tukwila, at which there are 100 or more full-time employees who begin their regular workday between 6:00 and 9:00 AM on weekdays for at least 12 continuous months during the year. 27. "Mode" is the means of transportation or alternate mode used by employees, such as single -occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and telecommuting. 28. "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service, unless the third day falls on a weekend or legal holiday, in which case the notice is deemed accepted the day after the weekend or legal holiday. 29. "Peak Period" means the hours between 6:00 and 9:00 AM (inclusive), Monday through Friday, except legal holidays. 30. "Peak Period Trip" means any employee trip that delivers the employee to begin his or her regular workday between 6:00 and 9:00 AM (inclusive), Monday through Friday, except legal holidays. 31. "Proportion of Drive -Alone Trips" or "Drive -Alone Rate" means the number of commute trips over a set period made by affected employees in single -occupancy vehicles, divided by the number of potential trips taken by affected employees working during that period. TITLE 9 — VEHICLES AND TRAFFIC 32. "Ride Matching Service" means a system that assists in matching commuters for the purpose of commuting together. 33. "Telecommuting" means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half. 34. "Transit" means a multiple -occupant vehicle operated on a for -hire, shared -ride basis, including bus, passenger ferry, rail, shared -ride taxi, shuttle bus, or vanpool. 35. "Transportation Demand Management (TDM)" means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system. 36. "Transportation Management Association (TMA)" means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits. 37. "Urban Growth Area" means the City of Tukwila in its entirety. 38. "Vanpool" means a vehicle occupied by 4 to 15 people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip. 39. "Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual vehicle commute trip lengths in miles made by employees over a set period, divided by the number of employees during that period. 40. "Week" means a seven-day calendar period starting on Monday and continuing through Sunday. 41. "Weekday" means any day of the week except Saturday or Sunday. 42. "Writing," "Written" or `In Writing" means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. (Ord. 2201 §1(part), 2008) 9.44.030 CTR Goals A. Commute Trip Reduction Goals for the Urban Growth Area. 1. The City of Tukwila's goals for reductions in the proportions of drive -alone commute trips and vehicle miles traveled (VMT) per employee by affected employers in the City are hereby established by reference to the City of Tukwila's CTR plan. These goals establish the desired level of performance for the CTR program in its entirety in the City of Tukwila. Future adopted versions of the CTR plan may establish new goals for the urban growth area and affected employers. This ordinance is not required to be amended in order for the new adopted goals to take effect. 2. The City of Tukwila will set the individual worksite goals for affected employers based on how the worksite can contribute to the City's overall goal for its urban growth area. Produced by the City of Tukwila, City Clerk's Office Page 9-18 Return to Title Return to Ch. 9.44 B. Commute Trip Reduction Goals for the Urban Growth Area. 1. The drive -alone and VMT goals for affected employers in the City are hereby established as set forth in the CTR plan. 2. If the goals for an affected employer or newly - affected employer are not listed in the CTR plan, they shall be established by Tukwila at a level designed to achieve the goals for the urban growth area. The City shall provide written notification of the goals for each affected employer worksite by either incorporating the information into the results of the baseline measurement or subsequent survey measurements, or providing the information when the City reviews the employer's proposed CTR program. 3. Each affected employer is required to develop and implement a CTR program that is designed to meet the affected worksite's assigned CTR goals. C. Recognition for Commute Trip Reduction Efforts. As public recognition for their efforts, affected employers who meet or exceed the CTR goals as set forth in Section 9.44.030.B will receive a Commute Trip Reduction Certificate of Leadership from the City. (Ord. 2201 §1(part), 2008) 9.44.040 Responsible City Agencies The Mayor of the City of Tukwila shall be responsible for implementing this ordinance, the CTR plan, and the City's CTR program, together with any authority necessary to carry out such responsibilities such as rule-making or certain administrative decisions. (Ord. 2201 §1(part), 2008) 9.44.050 Applicability A. Generally, the provisions of this ordinance shall apply to any affected employer within the corporate city limits of the City of Tukwila. B. Notification of Applicability. 1. In addition to the City's established public notification for adoption of an ordinance, a notice of availability of a summary of this ordinance, a notice of the requirements and criteria for affected employers to comply with the ordinance, and subsequent revisions shall be published at least once in the newspaper of record of the City of Tukwila, not more than 30 days after passage of this ordinance or amendments. 2. Affected employers located in Tukwila are to receive written notification that they are subject to this ordinance. Such notice shall be addressed to the company's'hief executive officer, senior official, or ETC at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements outlined by WAC 468-63-050 or as defined by the City of Tukwila CTR Coordinator. 3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance and are either notified or identify themselves to the City within 90 days of TITLE 9 — VEHICLES AND TRAFFIC the passage of the ordinance will be granted an extension of up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the City. 4. Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance and do not perform a baseline measurement consistent with the measurement requirements specified by the City within 90 days from the passage of the ordinance are in violation of this ordinance. 5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City under previous iterations of this ordinance, the employer is not required to perform another baseline measurement. C. Newly -Affected Employers. 1. Employers meeting the definition of "affected employer" in this ordinance must identify themselves to the City within 90 days of either moving into the boundaries of Tukwila or growing in employment at a worksite to 100 or more affected employees. Employers who do not identify themselves within 90 days are in violation of this ordinance. 2. Newly -affected employers identified as such shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by the City. Employers who do not perform a baseline measurement within 90 days of receiving written notification that they are subject to this ordinance are in violation of this ordinance. 3. Newly -affected employers identified as such will also be given 90 days to designate an ETC to work closely with the City's CTR Coordinator to develop, implement, and monitor strategies and processes to meet defined CTR goals for their specific job site. If for any reason the ETC is displaced from the position, a new Transportation Coordinator must be designated by the employer within 90 days. Employers who fail to designate an ETC within 90 days of being identified as an affected employer, or in the event of the absence of a current ETC position, are in violation of this ordinance. 4. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly - affected employer shall develop and submit a commute trip reduction program to the City of Tukwila. The program shall be implemented not more than 90 days after approval by the City. Employers who do not implement an approved commute trip reduction plan according to this schedule are in violation of this ordinance. D. Change in Status as an Affected Employer. Any of the following changes in an employer's status will change the employer's CTR program requirements: 1. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City that it is no longer an affected employer. Produced by the City of Tukwila, City Clerk's Office Page 9-19 Return to Title Return to Ch. 9.44 2. If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers. 3. If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to an "unffected" employer, that employer shall be treated as a newly -affected employer and will be subject to the same program requirements as other newly -affected employers. (Ord. 2201 §1(part), 2008) 9.44.060 Requirements for Employers A. Compliance Required. An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and drive - alone commute trips. The employer shall submit a description of its program to the City of Tukwila, and provide an annual progress report to the City on employee commuting and progress toward meeting the drive -alone reduction goals. The CTR program must include the mandatory elements as described in this section. B. CTR Program Description Requirements. 1. The CTR program description presents the strategies to be undertaken by an employer to achieve the commute trip reduction goals for each goal year. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' c'mmuting needs. Employers are further encouraged to cooperate with each other and to form or use transportation management associations in developing and implementing CTR programs. 2. At a minimum, the employer's CTR program description must include: a. a general description of the employment site location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees; b. number of employees affected by the CTR program; c. documentation of compliance with the mandatory CTR program elements (as described in this section); d. description of the additional elements included in the CTR program (as described in this section); and e. a schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources. C. Mandatory Program Elements. Each employer's 'TR program shall include the following mandatory elements: 1. Employee Transportation Coordinator. The employer shall designate an ETC to administer the CTR program. The ETC and/or designee's name, location, and telephone number must be displayed prominently at each affected worksite. The ETC shall oversee all elements of the employer's CTR program and act as liaison between the employer and the City of Tukwila. TITLE 9 — VEHICLES AND TRAFFIC The objective is to have an effective Transportation Coordinator presence at each worksite; an affected employer with multiple sites may have one ETC for all sites. The Transportation Coordinator must complete the basic ETC training course as provided by King County within six months of assuming the status of designated transportation coordinator, in order to help ensure consistent knowledge and understanding of CTR laws, rules, and guidelines statewide. 2. Information Distribution. Information about alternatives to drive -alone commuting shall be provided to employees at least once a year. Each employer's 'rogram description and annual report must report the information to be distributed and the method of distribution. The information distributed shall be forwarded to the City's CTR Coordinator upon distribution to employees, to ensure a consistent marketing element in promoting the targeted and accomplished goals of the employer's CTR program. 3. Regular Review. The CTR program must include a regular review of employee commuting and progress and good - faith efforts toward meeting the drive -alone reduction goals. Affected employers shall file a regular progress report with the City of Tukwila in accordance with the format provided by the City. The report shall describe each of the CTR measures that were in effect for the previous year, the results of any commuter surveys undertaken during the year, and the number of employees participating in CTR programs. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the CTR goals. Survey information or approved alternative information must be provided in the reports. 4. Biennial Measurement. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect Commute Trip Reduction Program Employee Questionnaires (surveys) every two years, and strive to achieve at least a 70% response rate from employees at the worksite. D. Additional Program Elements. In addition to the specific program elements described in this section, the employer's 'TR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one or more of the following: 1. Provision of preferential parking or reduced parking charges, or both, for high -occupancy vehicles; 2. Instituting or increasing parking charges for drive - alone commuters; 3. Provision of commuter ride matching services to facilitate employee ride -sharing for commute trips; 4. Provision of subsidies for transit or vanpool fares and/or transit passes; 5. Provision of vans or buses for employee ridesharing; 6. Provision of subsidies for carpools or vanpools; 7. Provision of incentives for employees that do not drive alone to work; Produced by the City of Tukwila, City Clerk's Office Page 9-20 Return to Title Return to Ch. 9.44 8. Permitting the use of the employer's 'ehicles for carpooling or vanpooling; 9. Permitting flexible work schedules to facilitate employees' u'e of transit, carpools, or vanpools; 10. Cooperation with transportation providers to provide additional regular or express service to the worksite; 11. Construction of special loading and unloading facilities for transit, carpool, and vanpool users; 12. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; 13. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; 14. Establishment of a program to permit employees to work part-time or full-time at home or at an alternative worksite closer to their homes; 15. Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commuting; 16. Implementation of other measures designed to facilitate the use of high -occupancy vehicles, such as on-site daycare facilities and emergency taxi services; 17. Charging employees for parking, and/or the elimination of free parking; 18. Intensive marketing campaigns through the distribution of informational newsletters, emails, brochures, or memos in a consistent manner. (Ord. 2201 §1 (part), 2008) 9.44.070 Record Keeping Affected employers shall include a list of the records they will keep as part of the CTR program as submitted to the City of Tukwila for approval. Employers will maintain all records listed in their CTR program for a minimum of 24 months. The City and the employer shall agree on the recordkeeping requirements as part of the accepted CTR program. (Ord. 2201 §1 (part), 2008) 9.44.080 Schedule and Process for CTR Reports A. CTR Program. Not more than 90 days after the adoption of this ordinance, or within three months after an employer qualifies under the provisions of this ordinance, the employer shall perform a baseline measurement consistent with the measurement requirements specified by the City of Tukwila. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly -affected employer shall develop and submit a commute trip reduction program to the City's CTR Coordinator. The program shall be implemented not more than 90 days after approval by the CTR Coordinator. B. Document Review. The City of Tukwila shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or annual report within 90 days of submission, the employer's TITLE 9 — VEHICLES AND TRAFFIC Irogram or annual report is deemed accepted. The City may extend the review period up to an additional 90 days. The implementation date for the employer's CTR program will be extended an equivalent number of days. C. CTR Annual Progress Reports. Upon review of an employer's 'nitial CTR program, the City of Tukwila shall establish the employer's 'nnual reporting date, which shall not be less than 12 months from the day the program is submitted. Each year on the employer's 'eporti ng date, the employer shall submit to the City its annual CTR report. D. Modification of CTR Program Elements. Any affected employer may submit a request to the City of Tukwila for modification of CTR requirements. Such request may be granted if one of the following conditions exist: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. E. Extensions. An employer may request additional time to submit a CTR program or CTR annual progress report or to implement or modify a program. Such requests shall be via written notice at least 30 days before the due date for which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. The City of Tukwila shall grant or deny the employer's 'xtension request by written notice within ten working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's annual reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date may be extended at the discretion of the City. F. Implementation of Employer's CTR Program. Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from the City of Tukwila that the program has been approved. (Ord. 2201 §1 (part), 2008) 9.44.090 Enforcement A. Compliance. For purposes of this section, compliance shall mean fully implementing in good faith all provisions in an approved CTR program. B. Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of drive - alone trips shall be applied in determining requirements for employer CTR program modifications: 1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program. Produced by the City of Tukwila, City Clerk's Office Page 9-21 Return to Title Return to Ch. 9.44 2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, but has not met or is not likely to meet the applicable drive -alone or VMT goal, the City/County shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the City/County for approval within 30 days of reaching agreement. 3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this ordinance, and fails to meet the applicable drive -alone or VMT reduction goal, the City of Tukwila shall work collaboratively with the employer to identify modifications to the CTR program, and shall direct the employer to revise its program within 30 days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The City shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the City will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the City within ten working days of the conference. C. Violations. The following constitute violations if the deadlines established in this ordinance are not met: 1. Failure to perform a baseline measurement, including: a. Employers notified or that have identified themselves to the City of Tukwila within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City within 90 days from the notification or self -identification. b. Employers not identified or self -identified within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City within 90 days from the adoption of the ordinance. 2. Failure to develop and/or submit on time a complete CTR program. 3. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive - alone goals as specified in this ordinance. 4. Failure to designate an ETC within 90 days from notification or self -identification, to implement and carry out the approved CTR program elements. 5. Failure to make a good faith effort, as defined in RCW 70.94.534 and this ordinance. 6. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this ordinance. D. Penalties. TITLE 9 — VEHICLES AND TRAFFIC 1. No affected employer with an approved CTR program, which has made a good faith effort, may be held liable for failure to reach the applicable drive -alone or VMT goal. 2. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 8.45. 3. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: a. Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City of Tukwila, and advise the union that the proposal being made is necessary for compliance with State law (RCW 70.94.531). (Ord. 2201 §1 (part), 2008) 9.44.100 Exemptions and Goal Modifications A. Worksite Exemptions. An affected employer may request the City of Tukwila to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if, and only if, the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive -alone trips and VMT per employee. The City shall issue a decision regarding an exemption no more than 30 days from receiving a written request from the employer for such status. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. Appeals to these decisions are addressed in Section 9.44.110, "Appeals," of this ordinance. The City shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. Produced by the City of Tukwila, City Clerk's Office Page 9-22 Return to Title Return to Ch. 9.44 B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The City of Tukwila will use the criteria identified in the State CTR Board Guidelines outlined in RCW 70.94.521 to assess the validity of employee exemption requests. All employee exemption requests received by September 30 of each year shall be administratively reviewed by December 31 of the same year, and shall determine whether the exemption will be in effect during the following program year. C. Modification of CTR Program Goals. 1. An affected employer may request that the City of Tukwila modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. 2. The City of Tukwila will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Board Guidelines. 3. An employer may not request a modification of the applicable goals until one year after the City's approval of its initial program description or annual report. (Ord. 2201 §1 (part), 2008) 9.44.110 Appeals A. Any affected employer may appeal administrative decisions made by the City regarding exemptions, modification of goals, CTR program elements. Appeals must arrive, by registered mail, within 14 calendar days following an administrative decision from the City. An appeal must be made in writing and specify the decision being appealed, as well as the specific basis for the appeal. B. The City's Hearing Examiner shall hear timely appeals. Determinations made in the review of such appeals shall be based on consistency with State statutes RCW 70.94.521-551. (Ord. 2201 §1 (part), 2008) TITLE 9 — VEHICLES AND TRAFFIC CHAPTER 9.48 CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES Sections: 9.48.010 Authority and Purpose 9.48.020 Definitions 9.48.030 Imposition of Transportation Impact Fees 9.48.040 Calculation of Impact Fees 9.48.050 Credit 9.48.060 Time of Payment of Impact Fees 9.48.070 Adjustments 9.48.080 Establishment of Impact Fee Account 9.48.090 Use of Impact Fees 9.48.095 Transportation Impact Fee Deferral 9.48.100 Plan and Fee Update 9.48.110 Refunds 9.48.120 Appeals 9.48.125 Exemptions 9.48.130 Residential Impact Fee Deferral 9.48.150 Authority Unimpaired 9.48.160 Relationship to SEPA 9.48.010 Authority and Purpose A. Authority. The City of Tukwila's impact fee financing program has been developed pursuant to the City of Tukwila's police powers, the Growth Management Act as codified in Chapter 36.70A of the Revised Code of Washington (RCW), the enabling authority in RCW Chapter 82.02, RCW Chapter 58.17 relating to platting and subdivisions and the State Environmental Policy Act (SEPA), and RCW Chapter 42.12C. B. Purpose. The purpose of the financing plan is to: 1. Develop a program consistent with Tukwila's Comprehensive Plan, the Six- Year Transportation Program and the Capital Improvement Program, for joint public and private financing of transportation improvements necessitated in whole or in part by development within the City of Tukwila; 2. Ensure adequate levels of transportation and traffic service consistent with the level of service identified in the Comprehensive Plan; 3. Create a mechanism to charge and collect fees to ensure that new development bears its proportionate share of the capital costs of transportation facilities necessitated by new development; and 4. Ensure fair collection and administration of such transportation impact fees. C. The provisions of the City of Tukwila's impact fee ordinance shall be liberally construed to effectively carry out its purpose in the interests of the public health, safety and welfare. (Ord. 2111 §1 (part), 2005) Produced by the City of Tukwila, City Clerk's Office Page 9-23 Return to Title Return to Ch. 9.48 9.48.020 Definitions The words and terms contained in this chapter shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. 1. The 'Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 3. "City" means the City of Tukwila, Washington. 4. "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit. 5. "Development activity" means any construction of a building or structure that creates additional demand and need for transportation facilities. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7. "Early Learning Facility" is defined consistent with RCW 43.31.565(3) as now enacted or hereafter amended. 8. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity, which requires a building permit and creates a demand for additional facilities. 9. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this chapter as a condition of granting development approval, in order to pay for the transportation facilities needed to serve new growth and development that is a proportionate share of the cost of the capital facilities that is used for facilities that reasonably benefit new development. Impact fees are independent of a permit fee, an application fee, a concurrency test fee, and the administrative fee for collecting and handling impact fees or cost of reviewing independent fee calculations. 10. "Letter encumbered" means to reserve, set aside, or earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of transportation facilities. 11. "Low-income housing" means housing where monthly costs, including utilities other than telephone, do not exceed 30% of the resident's household monthly income and where household monthly income must be 80 percent or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. TITLE 9 — VEHICLES AND TRAFFIC 12. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 13. "Proportionate fair share" means that portion of the cost for transportation facility improvements that are reasonably related to the service demands and needs of new development. (Ord. 2657 §1, 2021; Ord. 2521 §1, 2016; Ord. 2305 §1, 2010; Ord. 2111 §1 (part), 2005) 9.48.030 Imposition of Transportation Impact Fees A. The City hereby authorizes the assessment and collection of impact fees on development activity at the rates set forth in Figure 9-1. B. Transportation impact fees imposed by this chapter: 1. Shall only be imposed for system improvements that are reasonably related to the new development; 2. Shall not exceed the proportionate fair share of the costs of system improvements that are reasonably related to the new development; 3. Shall be used for the system improvements that will reasonably benefit new development; 4. May be collected and spent only for system improvements, which are provided for in the transportation element of the Capital Improvement Plan and Comprehensive Land Use Plan; 5. Shall not be used to correct existing transportation system deficiencies as of the date of adoption of this chapter; and 6. Shall be collected only once for each development, unless changes or modifications to the development are proposed which result in greater direct impacts on transportation facilities than were considered when the development was first approved. (Ord. 2156 §1, 2007; Ord. 2111 §1 (part), 2005) 9.48.040 Calculation of Impact Fees A. The method of calculating the transportation impact fees in this chapter incorporate, among other things, the following: 1. The cost of public streets and roads necessitated by new development; 2. An adjustment to the costs of the public streets and roadways for past or future mitigation payments made by previous development to pay for a particular system improvement that was prorated to the particular street improvement; 3. The availability of other means of funding public street and roadway improvements; and 4. The methods by which public street and roadway improvements were financed. Produced by the City of Tukwila, City Clerk's Office Page 9-24 Return to Title Return to Ch. 9.48 B. Fees for development shall be calculated based on their net new "p.m. peak hour" trip generation rates as determined by the Public Works Director, or designee, applying the ITE Trip Generation Manual. If the proposed development activity concerns an existing use, the fee shall be based on net new trips generated by the redevelopment. If an existing building has not been used for its intended purpose or has been vacant for twelve months or more preceding application, no credit for existing trips shall be given. (Ord. 2622 §2, 2019; Ord. 2305 §2, 2010; Ord. 2111 §1 (part), 2005) 9.48.050 Credit A credit, not to exceed the impact fee otherwise payable, shall be provided for the fair market value of any dedication of land for, improvement to, or new construction of any system improvements provided by the developer, to facilities that are identified in the Capital Improvement Program and that are required as a condition of approving the development activity. The determination of ,'value" shall be consistent with the assumptions and methodology used by the City in estimating the capital improvement costs. (Ord. 2111 §1 (part), 2005) 9.48.060 Time of Payment of Impact Fees A. The impact fees imposed pursuant to this chapter shall be assessed by the City at the time of the application for the development permit, and shall be due and payable in full at the time of issuance of such permit, unless a fee deferral agreement is executed pursuant to TMC 9.48.095. The fee paid shall be the amount in effect as of the date of the permit issuance. B. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. (Ord. 2484 §1, 2015; Ord. 2305 §3, 2010 Ord. 2111 §1 (part), 2005) 9.48.070 Adjustments A. The amount of fee to be imposed on a particular development may be adjusted by the Public Works Director, giving consideration to studies and other data submitted by the developer demonstrating by clear and convincing evidence that an adjustment should be made in order to carry out the purposes of this chapter. B. The Public Works Director shall review the study to determine if the adjustment request: 1. Is based on accepted impact fee assessment practices and methodologies; 2. Uses acceptable data sources and if the data used is comparable with the uses and intensities planned for the proposed development activity; TITLE 9 — VEHICLES AND TRAFFIC 3. Complies with the applicable State laws governing impact fees; 4. Is prepared and documented by professionals who are mutually agreeable to the City and the developer and are qualified in their respective fields; and 5. Shows the basis upon which the independent fee calculation was made. C. In reviewing the study, the Public Works Director may require the developer to submit additional or different documentation. If the Public Works Director agrees with the study's findings, an adjustment to the impact fee will be made. If a compelling case has not been made, the developer shall pay the full impact fee amount. D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this chapter to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or accepting the independent fee calculation. (Ord. 2111 §1 (part), 2005) 9.48.080 Establishment of Impact Fee Account Impact fees received pursuant to this chapter shall be earmarked and retained in special interest-bearing accounts. All interest shall be retained in the account and expended for the purpose or purposes for which the impact fees were collected. (Ord. 2111 §1 (part), 2005) 9.48.090 Use of Impact Fees A. Pursuant to this chapter, impact fees shall be used for facilities that will reasonably benefit the City and its residents. B. Fees shall not be used to make up deficiencies in City facilities serving an existing development. C. Fees shall not be used for maintenance and operations, including personnel. D. Traffic impact fees shall be used for but not limited to land acquisition, site improvements, engineering and architectural services, permitting, financing, administrative expenses and applicable mitigation costs, and capital equipment pertaining to transportation systems and facilities. E. Traffic impact fees may also be used to recoup public improvement costs incurred by the City to the extent that new growth and development will be served by the previously constructed improvement. F. In the event bonds or similar debt instruments are or have been issued for system improvements, impact fees may be used to pay the principal on such bonds. Produced by the City of Tukwila, City Clerk's Office Page 9-25 Return to Title Return to Ch. 9.48 G. Transportation impact fees shall be expended or letter encumbered for a permissible use within ten years of receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than ten years. The Public Works Director may recommend to the Council that the City hold fees beyond ten years in cases where extraordinary or compelling reasons exist. Such reasons shall be identified in written findings by the Council. H. The Finance Director shall prepare an annual report on the transportation impact fee account showing the source and amount of all moneys collected, earned or received and projects that were financed in whole or in part by transportation impact fees. (Ord. 2622 §3, 2019; Ord. 2111 §1 (part), 2005) 9.48.095 Transportation Impact Fee Deferral A. In order to encourage residential and mixed-use development within the Tukwila Urban Center Transit -Oriented Development (TUC-TOD) zoning district, fee deferrals of all or a portion of the required transportation impact fees for a project may be granted provided the following criteria are met: 1. The property owner must submit a technically - complete building permit application clearly depicting the project for which the fee deferral agreement would apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the transportation impact fee be deferred. The City will not consider any fee deferral requests from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The project must be located west of the Green River and be within the TUC-TOD zoning district per Figure 18-16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential' does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and/or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TMC Section 9.48.120. TITLE 9 — VEHICLES AND TRAFFIC B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he/she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and/or to protect the public welfare. C. Transportation impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred transportation impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The transportation impact fee deferral agreement maybe consolidated with any agreements to defer fire, parks, or building permit fees as outlined in TMC Chapters 16.26 and 16.28, and the consolidated permit fee resolution adopted by the City Council. (Ord. 2484 §2, 2015) 9.48.100 Plan and Fee Update The impact fee may be updated annually to evaluate the consistency of development density assumptions, estimated project costs and adjusted for awarded grant funding, if any. Updates that result in a change in impact fees will be reviewed by the City Council. Impact fee changes will only occur through an ordinance requiring Council action. (Ord. 2111 §1 (part), 2005) 9.48.110 Refunds A. A developer may request and shall receive a refund when the developer does not proceed with the development activity for which transportation impact fees were paid, and the developer shows that no impact has resulted. B. The developer must submit a request for a refund to the City in writing within one year of the date the right to claim the refund arises. Any transportation impact fees that are not expended or encumbered within the time limitations established, and for which no application for a refund has been made within this one-year period, shall be retained and expended on any project identified in the Capital Improvement Plan. C. In the event that transportation impact fees must be refunded for any reason, they shall be refunded with interest earned to the applicant. (Ord. 2111 §1 (part), 2005) Produced by the City of Tukwila, City Clerk's Office Page 9-26 Return to Title Return to Ch. 9.48 9.48.120 Appeals A. Any fee payer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. B. Appeals regarding traffic impact fees imposed on any development activity may only be taken by the fee payer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fee at issue has been paid. C. Determinations of the Public Works Director or his designee, with respect to the applicability of traffic impact fees to a given development activity, or the availability of a credit, can be appealed to the City's Hearing Examiner. Such appeal shall be a closed record appeal. D. An appeal shall be taken within 10 working days of payment of the impact fees under protestor within 10 working days of the City's issuance of a written determination of a credit or exemption decision by filing with the City Clerk a notice of appeal with an accompanying appeal fee, as set forth in the existing fee schedule for land use decisions. E. Notices of appeal shall contain the following information: 1. The name of the appealing party; 2. The address and phone number of the appealing party; and 3. A statement identifying the decision being appealed and the alleged errors in that decision. The notice of appeal shall state specific errors of fact or errors in the application of the law to the facts presented and shall also state the relief sought. The scope of the appeal shall be limited to issues raised in the notice of appeal. (Ord 2305 §4, 2010; Ord. 2111 §1 (part), 2005) 9.48.125 Exemptions A. The impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information depicted on Figure 9-1 herein. All development activity located within the City shall be charged a transportation impact fee, provided that the following exemptions shall apply. B. The following shall be exempt from transportation impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools and signs that do not impact the transportation system. 5. Demolition of or moving an existing structure within the City from one site to another. TITLE 9 — VEHICLES AND TRAFFIC 6. Transportation impact fees for the construction of low-income housing may be reduced at the discretion of the Public Works Director when requested by the property owner in writing prior to permit submittal and subject to the following criteria: a. Submittal of a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; b. Fee reduction table. Unit Size Affordability Fee Reduction Target' 2 or more bedrooms 80%1 40% 2 or more bedrooms 60%2 60% Any size 50%2 80% 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. c. The developer must record a covenant per RCW 82.02.060 (3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low- income housing, and that if the property is converted to a use other than low-income housing within 10 years, the property owner must pay the City the applicable impact fees in effect at the time of conversion. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a transportation impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21 C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. 9. An Early Learning Facility is exempt from paying 80 percent of the required Transportation Impact Fee. (Ord. 2657 §2, 2021; Ord. 2622 §4, 2019; Ord. 2521 §2, 2016) 9.48.130 Residential Impact Fee Deferral A. Purpose. The purpose of this chapter is to comply with the requirements of RCW 82.02.050, as amended by ES135923, Chapter 241, Laws of 2015, to provide an impact fee deferral process for single-family residential construction in order to promote economic recovery in the construction industry. B. Applicability. 1. The provisions of this chapter shall apply to all impact fees established and adopted by the City pursuant to Chapter 82.02 RCW, including transportation system impact fees assessed under Tukwila Municipal Code Chapter 9.48. Produced by the City of Tukwila, City Clerk's Office Page 9-27 Return to Title Return to Ch. 9.48 2. Subject to the limitations imposed in the Tukwila Municipal Code, the provisions of this chapter shall apply to all building permit applications for single-family detached and single- family attached residential construction. For the purposes of this chapter, an "applicant" includes an entity that controls the named applicant, is controlled by the named applicant, or is under common control with the named applicant. C. Impact Fee Deferral. 1. Deferral Request Authorized. Applicants for single- family attached or single-family detached residential building permits may request to defer payment of required impact fees until the sooner of: a. final inspection; or b. the closing of the first sale of the property occurring after the issuance of the applicable building permit; which request shall be granted so long as the requirements of this chapter are satisfied. 2. Method of Request. A request for impact fee deferral shall be declared at the time of preliminary plat application (for platted development) or building permit application (for non -platted development) in writing on a form or forms provided by the City, along with applicable application fees. 3. Calculation of Impact Fees. The amount of impact fees to be deferred under this chapter shall be determined as of the date the request for deferral is submitted. D. Deferral Term. The term of an impact fee deferral granted under this chapter may not exceed 18 months from the date the building permit is issued ("Deferral Term"). If the condition triggering payment of the deferred impact fees does not occur prior to the expiration of the Deferral Term, then full payment of the impact fees shall be due on the last date of the Deferral Term. E. Deferred Impact Fee Lien. 1. Applicant's Duty to Record Lien. An applicant requesting a deferral under this chapter must grant and record a deferred impact fee lien, in an amount equal to the deferred impact fees, against the property in favor of the City in accordance with the requirements of RCW 82.02.050(3)(c). 2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact fees for the property, the City shall execute a release of deferred impact fee lien for the property. The property owner at the time of the release is responsible, at his or her own expense, for recording the lien release. F. Limitation on Deferrals. The deferral entitlements allowed under this chapter shall be limited to the first 20 single- family residential construction building permits per applicant, as identified by contractor registration number or other unique identification number, per year. (Ord. 2521 §3, 2016) TITLE 9 — VEHICLES AND TRAFFIC 9.48.150 Authority Unimpaired Nothing in this chapter shall preclude the City from requiring the fee payer to mitigate adverse and environmental effects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with Chapters 43.21 C and 82.02 RCW. (Ord 2305 §7, 2010; Ord. 2111 §1 (part), 2005) 9.48.160 Relationship to SEPA A. All development shall be subject to environmental review pursuant to SEPA and other applicable City ordinances and regulations. B. Payment of the impact fee pursuant to this chapter shall constitute satisfactory mitigation of those traffic impacts related to the specific improvements identified on the project list. C. Further mitigation in addition to the impact fee shall be required for identified adverse impacts, appropriate for mitigation pursuant to SEPA, that are not mitigated by an impact fee. D. Nothing in this chapter shall be construed to limit the City's authority to deny development permits when a proposal would result in significant adverse traffic impacts identified in an environmental impact statement and reasonable mitigation measures are insufficient to mitigate the identified impact. (Ord 2305 §8, 2010; Ord. 2111 §1 (part), 2005) Produced by the City of Tukwila, City Clerk's Office Page 9-28 Return to Title CHAPTER 9.50 CONCURRENCY MANAGEMENT Sections: 9.50.010 Purpose 9.50.020 Definitions 9.50.030 Concurrency Test 9.50.040 Test Criteria 9.50.050 Concurrency for Phased Development 9.50.060 Exemptions 9.50.070 Vesting 9.50.080 Improvements to Concurrency Facilities 9.50.090 Capital Facilities Plan and Capital Improvement Program 9.50.100 Intergovernmental Coordination 9.50.110 Administrative Rules and Procedures 9.50.120 Appeals 9.50.130 SEPA Exemption 9.50.010 Purpose A. Pursuant to the State Growth Management Act, RCW 36.70A, after the adoption of its Comprehensive Plan, the City of Tukwila is required by RCW 36.70A.070(6)(b) to ensure that transportation improvements or strategies to accommodate the impacts of development are provided concurrent with the development. Further, the City is bound by the planning goals of RCW 36.70A.020 to ensure that public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards, hereinafter "concurrency." B. The intent of this chapter is to establish a concurrency management system to ensure that concurrency facilities and services needed to maintain minimum level of service standards can be provided simultaneous to, or within a reasonable time after, development occupancy or use. Concurrency facilities adopted by the City's Comprehensive Plan are roads, potable water, sanitary sewer, and storm water management. This chapter furthers the goals, policies and implementation strategies and objectives of the Comprehensive Plan. C. The concurrency management system provides the necessary regulatory mechanism for evaluating requests for development to ensure that adequate concurrency facilities can be provided within a reasonable time of the development impact. The concurrency management system also provides a framework for determining facilities and services needs and provides a basis for meeting those needs through capital facilities planning. TITLE 9 — VEHICLES AND TRAFFIC D. For water, sewer, and surface water, the facilities must be in place at the time of development approval; and for roads, the facilities must be in place within six years of the time of the development approval. Applicants with developments that would cause the level of service on concurrency facilities to decline below City standards can have their developments approved by implementing measures that offset their impacts and would maintain the City's standard for level of service. (Ord. 2635 §3, 2020) 9.50.020 Definitions The definitions contained in TMC 9.50.020 apply throughout this chapter unless, from the context, another meaning is clearly intended. 1. "Adequate" means equal to or better than the level of service standards specified in the current adopted capital facilities element. 2. "Applicant" means a person who applies for any certificate of concurrency under this chapter and who is the owner of the subject property or the authorized agent of the property. 3. "Available water, sewer, and surface water capacity" means there is adequate capacity, based on adopted level of service standards, for water, sewer, and surface water facilities currently existing without requiring facility construction, expansion, or modification. 4. "Building permit" refers to any permit issued under the Uniform Building Code. 5. "Certificate of concurrency" means the statement accompanying the Public Works Department's development standards that are issued with an approved development permit or the Public Works Department's conditions of approval that are issued with an approved building permit. The statement shall state that a certificate of concurrency is issued and indicate: a. For water, sewer, and surface water, the capacity of the concurrency facilities that are available and reserved for the specific uses, densities and intensities as described in the development permit or building permit; and b. For road facilities assigned to the development for the specific uses, densities and intensities as described in the development permit or building permit; and c. Conditions of approval, if applicable; and d. An effective date; and e. An expiration date. 6. "Concurrency" means facilities or strategies that achieve the City's level of service standards and that: a. For water, sewer, surface water, and roads: facilities that exist at the time development is approved by the Public Works Department; or b. For roads: (1) Are included in the City's Capital Improvement Plan at the time development is approved by the Public Works Department; or (2) Will be available and complete no later than six years after completion of the development, and the applicant and/or the City provides a financial commitment which is Produced by the City of Tukwila, City Clerk's Office Page 9-29 Return to Title Return to Ch. 9.50 in place at the time the development is approved by the Public Works Department. 7. "Concurrency facilities" means facilities for which concurrency is required in accordance with the provision of this chapter. They are roads, water, sanitary sewer, and surface water facilities. 8. "Concurrency test" means: a. For water, sewer, and surface water, the comparison of a development's demand to the available capacity of each concurrency facility; and b. For roads, the comparison of the development's impact on the level of service standards of each effected subarea. A concurrency test must be passed for roads, and a notice issued by the Public Works Department in order to obtain a certificate of concurrency. 9. "Development permit" means a land use permit and includes short plat, preliminary or final rezone/reclassification, zoning permit, master plan, shoreline substantial development permit/conditional use permit, planned unit development, or any other permit or approval under the Zoning Code or Subdivision Code or Shoreline Master Program. 10. "Financial commitment" means: a. Revenue sources anticipated to be available and designated for facilities in the Comprehensive Plan; b. Unanticipated revenue from federal and state grants for which the City has received notice of approval; c. Funding that is assured by the applicant in a form approved by the Public Works Department. 11. "Level of service standard" means those standards specified in the adopted transportation element of the Comprehensive Plan. For water, sewer, and surface water, "level of service standard" also means those standards defined in TMC Title 14. 12. "Non -City managed facilities" include any non -city provider of water or sewer. 13. "Planned capacity" means road facilities that do not exist but for which the necessary facility construction, expansion, or modification project is contained in the current capital facilities element of the Comprehensive Plan. The improvements must be scheduled to be completed within six years and the financial commitment must be in place at the time of approval of the certificate of concurrency to complete the improvements within six years. 14. "Public Works Department" means the Public Works Director or designee. 15. "Transportation strategies" means transportation demand management strategies and other techniques or programs that reduce single occupant vehicle travel. 16. "Vested" means the right to develop or continue development in accordance with the laws, rules, and other regulations in effect at the time the building permit application is deemed complete. (Ord. 2635 §4, 2020) TITLE 9 — VEHICLES AND TRAFFIC 9.50.030 Concurrency Test A. Timing. All applicants must apply for the transportation concurrency test and receive notice of passing the test before the City will approve an application for any development permit or building permit. An application for a concurrency test may be submitted with other development submittals. B. Procedures. 1. Applications for a concurrency test shall be submitted on forms provided by the Public Works Department. The concurrency test shall be done in order of "first in, first out," once the Public Works Department determines the application is complete. 2. The applicant shall provide to the Public Works Department a certificate of availability for water and sewer with the application submittal if the property is serviced by a non -City managed utility. For City managed utilities, a determination will be made on availability and a certificate of availability shall be issued. This certificate of availability shall suffice as meeting the concurrency test for water and sewer utilities. 3. The applicant shall submit a detailed project description of the development, including location, vehicular circulation, and gross floor area by use, as part of the concurrency application and shall pay the concurrency test fee as adopted by motion or resolution of the Tukwila City Council. 4. A concurrency test shall be performed only for specific property, uses, densities and intensities based on the information provided by the applicant. The applicant shall specify densities and intensities that are consistent with the uses allowed for the property. If the concurrency test is being requested in conjunction with an application for rezone, the applicant shall specify densities and intensities that are consistent with the proposed zoning for the property. Changes to the uses, densities and intensities that create additional impacts on concurrency facilities shall be subject to an additional concurrency test. 5. The Public Works Director or designee shall perform the concurrency test. The project must pass the concurrency test prior to approval of the development permit or building permit. 6. The Public Works Director or designee shall notify the applicant of the test results in writing. The date of written notification to the applicant shall be the date of issuance of the concurrency certificate. 7. The concurrency certificate shall expire within one year of its issuance unless the applicant submits a building permit application, a SEPA environmental checklist and all required documentation pursuant to TMC Chapter 21.04, or an extension is granted within one year from the date of issuance of the concurrency certificate. Produced by the City of Tukwila, City Clerk's Office Page 9-30 Return to Title Return to Ch. 9.50 8. If the deadline for submittal of a complete building permit application, SEPA environmental checklist and all required documentation is met as described in TMC Section 9.50.030.B.7, or other submittal as determined by the Public Works Director or designee, the concurrency certificate shall be valid for two years from the date of issuance of the building permit, SEPA Determination, or other City -issued approval. If the building permit, SEPA environmental checklist, or other submittal is withdrawn by the applicant prior to approval by the City or expires, the concurrency certificate shall expire one year after the date of issuance. 9. An applicant must apply for a new concurrency test if the certificate expires or an extension is not granted. 10. The Public Works Director may approve an extension of up to one year if: a. The applicant submits a letter in writing requesting the extension before the expiration date. The applicant must show that they are not responsible for the delay in obtaining a building permit, SEPA approval, or other City -issued approval, and has acted in good faith to obtain the permit or approval; and b. If the property is serviced by a non -City managed utility, then the applicant must submit a letter from the utility approving the extension before the expiration date. 11. The Public Works Department shall be responsible for accumulating the impacts created by each application and removing any impacts from the City's concurrency records for an expired concurrency certificate, an expired development permit or building permit, or other action resulting in an applicant no longer causing impacts that have been accounted for in the City records. 12. The Public Works Department shall be responsible to coordinate with applicable non -City managed utility operators for maintenance and monitoring of available and planned capacity for these utilities. 13. A certificate of concurrency shall apply only to the specific land use, density and intensity described in the application for a development permit or building permit. No development shall be required to obtain more than one certificate of concurrency for each building, unless the applicant or subsequent owner proposes changes or modifications to the property location, density, intensity, or land use that creates additional impacts on concurrency facilities. 14. A certificate of concurrency is not transferable to other land but may be transferred to new owners of the original land. (Ord. 2635 §5, 2020) TITLE 9 — VEHICLES AND TRAFFIC 9.50.040 Test Criteria Development applications that would result in a level of service reduction below the adopted standard shall not be approved. 1. For water and sanitary sewer conveyance systems, a certificate of availability must be issued to pass the concurrency test. For surface water conveyance systems, the water quality and detention standards described in the currently -adopted King County Surface Water Design Manual must be met to pass the concurrency test. 2. For roads, the concurrency test compares level of service at intersections or corridors, as defined in the transportation element, both with and without the development at a time 6 years after the estimated occupancy of the development. If the level of service is equal to or better than the level of service standard, the concurrency test is passed. 3. If the concurrency test is not passed for water, sewer, surface water, or roads, then the applicant may retest for concurrency after doing one or both of the following: a. Modifying the application to reduce the need for the non-existent concurrency facilities. Reduction of need can be through the reduction of the size of the development, reduction of trips generated by original proposed development, or phasing of the development to match future concurrency facility construction; or b. Arranging to fund the improvements for the additional capacity required for the concurrency facilities, as approved by the Public Works Director. (Ord. 2635 §6, 2020) 9.50.050 Concurrency for Phased Development A. An applicant may request concurrency for a phased development if the Public Works Director determines that the two criteria described in TMC Section 9.50.050.13 are met. The application for concurrency must be accompanied by a schedule for construction of the buildings, parking and other improvements and by a written request for the development to be considered in phases. B. The Public Works Director or designee may approve concurrency for phased development if both of the following criteria are met: 1. No associated development permit is required before building permit applications can be submitted; and 2. The application is for an integrated development site plan with multiple buildings that are interdependent for vehicular and pedestrian access and parking. C. A concurrency application for phased development shall follow the same timing and procedure as set forth in this chapter, except that: Produced by the City of Tukwila, City Clerk's Office Page 9-31 Return to Title Return to Ch. 9.50 1. Only one concurrency certificate shall be issued for all buildings proposed for phased development; 2. The concurrency certificate for an approved phased development shall be valid for five years from the date of its issuance; provided that a building permit is issued for a building within one year of the date of issuance of the concurrency certificate or within two years if an extension is timely requested and the request is granted. D. The Public Works Director or designee may approve an extension of up to one year of the concurrency certificate for the phased development, consistent with the terms of this chapter. E. In no case shall the concurrency certificate be valid for more than six years from the date of issuance of the certificate. The applicant must apply for a new concurrency test for any building approved for phased development that has not been issued a building permit within six years from the date of issuance of the concurrency certificate. (Ord. 2635 §7, 2020) 9.50.060 Exemptions Applications for single-family dwelling unit building permits, multi -family building permits for projects containing four or fewer units, short plats, any non-residential project that is categorically exempt from SEPA pursuant to TMC Section 21.04.080, .100, or .110, or any other project that will generate less than 30 net new P.M. peak hour trips shall be considered as exempt from meeting concurrency requirements and shall be automatically granted a concurrency certificate. The applicant is required to submit for a concurrency certificate, along with the associated fee, but is not subject to receiving a passing grade in order to obtain other development approvals. (Ord. 2635 §9, 2020) 9.50.070 Vesting Applicants shall be vested under the laws, rules and other regulations in effect prior to the effective date of this chapter if they have, prior to the effective date of the ordinance codified in this chapter: 1. Submitted a building permit application that the City has deemed complete; or 2. Entered into formal negotiations with the City for a development agreement in accordance with RCW 36.70B.170 through 36.70B.210; or 3. Have a signed agreement with the City that is still in effect. (Ord. 2635 §10, 2020) TITLE 9 — VEHICLES AND TRAFFIC 9.50.080 Improvements to Concurrency Facilities A. The City shall provide, or arrange for others to provide, adequate facilities through construction of needed capital improvements in implementing strategies which do the following: 1. Achieve level of service standards for anticipated future development and redevelopment caused by previously issued and new development and building permits; and 2. Repair or replace obsolete or deteriorating facilities. B. Improvements to the facilities shall be consistent with the Transportation Element, Utilities Element and Capital Improvement Program of the Comprehensive Plan. (Ord. 2635 §11, 2020) 9.50.090 Capital Facilities Plan and Capital Improvement Program The City shall include in the capital appropriations of its budget for expenditure during the appropriate fiscal year financial commitments for all capital improvement projects required for adopted level of service standards, except the City may omit from its budget any capital improvements for which a binding agreement has been executed with another party to provide the same project in the same fiscal year. (Ord. 2635 §12, 2020) 9.50.100 Intergovernmental Coordination A. The City may enter into agreements with other local governments, applicable non -City managed utilities, King County, the state of Washington, and other facility providers to coordinate the imposition of level of service standards and other mitigations for concurrency. B. The City may apply standards and mitigations to development in the City that impacts other local jurisdictions. The City may agree to accept and implement conditions and mitigations that are imposed by other jurisdictions on development in their jurisdiction that impact the City. (Ord. 2635 §13, 2020) 9.50.110 Administrative Rules and Procedures The Public Works Department shall be authorized to establish administrative rules and procedures for administering the concurrency test system. The administrative rules and procedures shall include but not be limited to application forms, necessary submittal information, processing times, and issuance of the concurrency certificate. (Ord. 2635 §14, 2020) Produced by the City of Tukwila, City Clerk's Office Page 9-32 Return to Title Return to Ch. 9.50 TITLE 9 — VEHICLES AND TRAFFIC 9.50.120 Appeals A. Procedures. The applicant may appeal the results of the concurrency test based on three grounds: 1. A technical error; 2. The applicant provided alternative data or a traffic mitigation plan that was rejected by the City; or 3. Delay in review and approval caused solely by the City that allowed capacity to be given to another applicant. The applicant must file a notice of appeal with the Public Works Department within 15 days of the notification of the test results. The notice of appeal must specify the grounds thereof, and must be submitted on the form authorized by the Public Works Department. Each appeal must be submitted with the appeal fee set forth in TMC Section 18.90.010. B. Hearing Schedule and Notification. When the appeal has been filed within the time prescribed, in proper form, with the appropriate data and payment of the required fee, the Public Works Department shall transmit the appeal to the hearing examiner for scheduling. Notice of the public hearing shall be given to the applicant at least 15 days prior to the hearing date. C. Record. The Public Works Department shall transmit to the Hearing Examiner all papers, calculations, plans and other materials constituting the record of the concurrency test, at least 7 days prior to the scheduled hearing date. The Examiner shall consider the appeal upon the record transmitted, supplemented by any additional competent evidence, which the parties in interest may desire to submit. D. Burden of Proof. The burden of proof shall be on the appellant to show by a preponderance of the evidence that the Public Works Director was in error. (Ord. 2635 §15, 2020) 9.50.130 SEPA Exemption A determination of concurrency shall be an administrative action of the City of Tukwila that is categorically exempt from the State Environmental Policy Act. (Ord. 2635 §16, 2020) Produced by the City of Tukwila, City Clerk's Office Page 9-33 Return to Title CHAPTER 9.53 AUTOMATED TRAFFIC SAFETY CAMERAS Sections: 9.53.010 Automated traffic safety cameras — Detection of violations - Restrictions 9.53.020 Notice of infraction 9.53.030 Prima facie presumption 9.53.040 Infractions processed 9.53.050 Fine 9.53.060 Nonexclusive enforcement 9.53.010 Automated traffic safety cameras — Detection of violations — Restrictions A. City law enforcement officers and persons commissioned by the Tukwila Police Chief are authorized to use automated traffic safety cameras and related automated systems to detect and record the image of vehicles engaged in violations in school speed zones and public park speed zones, as defined by RCW 46.63.210 3 ; provided, however, pictures of the vehicle and the vehicle license plate may be taken only while an infraction is occurring, and the picture shall not reveal the face of the driver or of any passengers in the vehicle. B. Each location where an automated traffic safety camera is used shall be clearly marked by signs placed in locations that clearly indicate to a driver that the driver is entering a zone where traffic laws are enforced by an automated traffic safety camera. C. "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs or electronic images of the rear of a motor vehicle at the time the vehicle exceeds a speed limit in a school zone or city public park zone as detected by a speed measuring device. (Ord. 2736 §1, 2024; Ord. 2696 §2, 2022; Ord. 2612 §2, 2019) 9.53.020 Notice of infraction A. Whenever any vehicle is photographed by an automated traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. TITLE 9 — VEHICLES AND TRAFFIC B. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the agency by return mail: (1) a statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or (2) a statement under oath that the business is unable to determine who was driving or renting the vehicle when the infraction occurred; or (3) in lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the agency shall relieve the rental car business of any liability under this chapter for the infraction. C. The law enforcement officer issuing a notice of infraction shall include with it a certificate or facsimile thereof, based upon the inspection of photographs, microphotographs or electronic images produced by an automated traffic safety camera, citing the infraction and stating the facts supporting the notice of infraction. This certificate or facsimile shall be prima facie evidence of the facts contained in it and shall be admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. D. The registered owner of a vehicle is responsible for an infraction detected through the use of an automated traffic safety camera unless the registered owner overcomes the presumption set forth in TMC Section 9.53.030, or, in the case of a rental car business, satisfies the conditions under TMC Section 9.53.020.B. If appropriate under the circumstances, a renter identified under TMC Section 9.53.020.13 is responsible for an infraction. E. All photographs, microphotographs or electronic images prepared under this chapter are for the exclusive use of law enforcement in the discharge of duties under this chapter and, as provided in RCW 46.63.220(11), they are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this chapter. No photograph, microphotograph or electronic image may be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to enforce this chapter. (Ord. 2736 §2,2024; Ord. 2612 §3, 2019) Produced by the City of Tukwila, City Clerk's Office Page 9-34 Return to Title Return to Ch. 9.53 9.53.030 Prima facie presumption A. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was involved in a school speed zone violation or city public park zone speed violation, together with proof that the person named in the notice of infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred. B. This presumption may be overcome only if the registered owner, under oath, states in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody or control of some person other than the registered owner. (Ord. 2696 §3, 2022; Ord. 2612 §4, 2019) 9.53.040 Infractions processed Infractions detected through the use of automated traffic safety cameras shall be processed in the same manner as parking infractions. (Ord. 2612 §5, 2019) 9.53.050 Fine A. The fine for an infraction detected under the authority of this chapter shall be no more than the fines established in RCW 46.63.220(16), as now enacted or hereafter amended. Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall be $145, as adjusted for inflation by the office of financial management every five years, beginning January 1, 2029, based upon changes in the consumer price index during that time period, and is doubled to $290 for a school speed zone infraction generated through the use of an automated traffic safety camera. B. The maximum penalty for infractions detected pursuant to the provisions of this chapter shall not exceed the maximum amount of fine issued for parking infractions within the City. (Ord. 2736 §3,2024; Ord. 2616 §1, 2019; Ord. 2612 §6, 2019) 9.53.060 Nonexclusive enforcement Nothing in this chapter prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a), (b) or (c). (Ord. 2612 §7, 2019) TITLE 9 — VEHICLES AND TRAFFIC CHAPTER 9.54 TRUCK ROUTES Sections: 9.54.010 Purpose and Policy 9.54.020 Definitions 9.54.030 Trucks — Prohibited 9.54.040 Enforcement and Penalty 9.54.010 Purpose and Policy A. Purpose. The purpose of this chapter is to establish truck routes within the city that promote compatible land uses, enhance public safety, and minimize pavement maintenance and reconstruction costs. B. Policy. 1. Provide roadways that are safe for vehicles, bicyclists, and pedestrians to use; 2. Provide truck routes that follow the guidance contained in the city's comprehensive plan transportation element (the transportation plan); 3. Provide for the transportation of heavier products on roads (truck routes) best designed to handle the additional pavement stress in order to minimize the amount of maintenance and repair costs required on those streets; 4. Restrict the gross vehicle weight of vehicles traveling on non -truck route roads except where the use of these roads is necessary to travel from the point of origin within the city to the nearest truck route, or from a truck route to a destination point within the city; 5. Limit the number of truck routes to minimize the number of streets that need more expensive pavement construction and more frequent maintenance work; 6. Protect residential neighborhoods from: a. Excessive truck traffic creating greater hazards to pedestrians, bicyclists, and children; b. Increased congestion and noise pollution from truck traffic; and c. Minimize pavement potholes, raveling, rutting, or other pavement distress conditions that cause hazards to motorcyclists, bicyclists, and pedestrians; 7. Finally, it is recognized that during emergency situations, the director of public works or designee shall have the authority to further restrict loads or create detours for vehicles traveling on city roads. (Ord. 2751 §2, 2024) Produced by the City of Tukwila, City Clerk's Office Page 9-35 Return to Title Return to Ch. 9.54 9.54.020 Definitions The following words and terms, used in this chapter, shall have the following meanings except where otherwise defined (A) "City" means the City of Tukwila. (B) "Destination point" means the fixed location that the operator of a vehicle must directly access in order to load or unload goods, passengers or other cargo, or to perform services. (C) "Parking" means that term as defined in RCW 46.04.381, as now or hereafter amended. (D) "Hazardous cargo" means "hazardous materials," as defined in RCW 70.136.020(1), as now or hereafter amended. (E) "Semitrailer" means that term as defined in RCW 46.04.530, as now or hereafter amended. (F) "Trailer" means that term as defined in RCW 46.04.620, as now or hereafter amended. (G) "Motor truck" means that term as defined in RCW 46.04.310, as now or hereafter amended. (H) "Tractor" means that term as defined in RCW 46.04.650, as now or hereafter amended. (1) "Truck tractor" means that term as defined in RCW 46.04.655, as now or hereafter amended. (J) "Vehicle" means that term as defined in RCW 46.04.670, as now or hereafter amended. (Ord. 2751 §2, 2024) 9.54.030 Trucks — Prohibited (A) Operation of the following vehicles shall not occur upon and within the routes established pursuant to this chapter: (1) Vehicles Restricted by Weight, Width and/or Length. Any motor truck, truck tractor, motor truck and trailer combination, or truck tractor and semitrailer combination, which exceeds eight feet in width, 26 feet in total length, or 26,001 pounds gross weight, including load; or (2) Any vehicle transporting radioactive material; or (3) Any vehicle transporting hazardous cargo. (B) All trucks and vehicles identified in Section A are prohibited from traveling on the following routes: TITLE 9 — VEHICLES AND TRAFFIC (C) The prohibitions set forth in this chapter shall not apply to the following: (1) The operation of a vehicle upon any street where directly and unavoidably necessary in order to access or depart from a destination point. When a destination point is not located immediately adjacent to a State highway route or a designated truck route, the vehicle operator shall access and/or depart from the destination point using the shortest and most direct City arterial route to and from the nearest State highway route or designated truck route. (2) The operation of emergency and law enforcement vehicles. (3) The operation of any vehicle owned or operated by the City, a public utility or any contractor or materialman, while directly engaged in the repair, maintenance or construction of streets, street improvements, or street utilities within the City. (4) The operation of any vehicle within and pursuant to any officially established temporary detour route. (5) The operation of any vehicle directly engaged in the disposal, collection and/or transport of waste, including but not limited to recyclable material, as a part of a regularly scheduled curbside or on-site disposal or collection service within the Tukwila City limits; provided, that this exception shall not apply to hazardous cargo or radioactive materials. (6) The operation of passenger buses, including but not limited to mass transit vehicles and school buses. (7) The operation of vehicles directly engaged in transporting perishable commodities or commodities necessary for the health and welfare of local residents. (Ord. 2751 §3, 2024) Produced by the City of Tukwila, City Clerk's Office Page 9-36 Roadway Start Stop 1 42nd Ave S S 124th St S 115th St 2 S 115th St 42nd Ave S EMarginal Way S 3 S 116th St 42nd Ave S 43rd PI S 4 43rd PI S S 116th St 44th Ave S 5 44th Ave S 43rd PI S S 122nd St 6 44th PI S 44th Ave S 46th Ave S 7 46th Ave S 44th PI S S 122nd St 8 S 122nd 42nd Ave S 44th PI S 9 43rd Ave S S 122nd St S 124th St 10 44th Ave S S 122nd St S 124th St 11 45th Ave S S 122nd St S 124th St 12 46th Ave S S 122nd St S 124th St 13 47th Ave S S 122nd St S 124th St 14 48th Ave S S 122nd St S 124th St 15 49th Ave S S 122nd St S 124th St 16 50th Ave S 51st PI S S 122nd Ln 17 S 122nd Ln 50th Ave S 51st PI S 18 51st PI S S 124th St Dead end (C) The prohibitions set forth in this chapter shall not apply to the following: (1) The operation of a vehicle upon any street where directly and unavoidably necessary in order to access or depart from a destination point. When a destination point is not located immediately adjacent to a State highway route or a designated truck route, the vehicle operator shall access and/or depart from the destination point using the shortest and most direct City arterial route to and from the nearest State highway route or designated truck route. (2) The operation of emergency and law enforcement vehicles. (3) The operation of any vehicle owned or operated by the City, a public utility or any contractor or materialman, while directly engaged in the repair, maintenance or construction of streets, street improvements, or street utilities within the City. (4) The operation of any vehicle within and pursuant to any officially established temporary detour route. (5) The operation of any vehicle directly engaged in the disposal, collection and/or transport of waste, including but not limited to recyclable material, as a part of a regularly scheduled curbside or on-site disposal or collection service within the Tukwila City limits; provided, that this exception shall not apply to hazardous cargo or radioactive materials. (6) The operation of passenger buses, including but not limited to mass transit vehicles and school buses. (7) The operation of vehicles directly engaged in transporting perishable commodities or commodities necessary for the health and welfare of local residents. (Ord. 2751 §3, 2024) Produced by the City of Tukwila, City Clerk's Office Page 9-36 Return to Title Return to Ch. 9.54 TITLE 9 — VEHICLES AND TRAFFIC 9.54.040 Enforcement—Penalty Violation of TMC 9.54.030 is a traffic infraction, with a monetary penalty of $250.00 ($250.00), including statutory assessments, provided that signage is erected in a conspicuous place at each end of any residential or collector street and the entry to any cul-de-sac, stating that trucks over 26,001 pounds gross weight, including load, are prohibited. (Ord. 2751 §4, 2024) Produced by the City of Tukwila, City Clerk's Office Page 9-37 Return to Title Go to Fig. 9-1 Pg. 2 Figure 9-1 Traffic Impact Fee Schedule 2020 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses 1 $4,438.731 $4,863.141 $5,345.421 $2,057.66 Residential Single Family dwelling $4,394.34 $4,814.51 $5,291.97 $2,037.08 Multi Family dwelling $2,012.22 $2,204.62 $2,423.26 $932.81 Retirement Community dwelling $821.17 $899.68 $988.90 $380.67 Nursing Home/Convalescent Center bed $976.52 $1,069.89 $1,175.99 $452.69 Assisted Living I dwelling $1,154.07 $1,264.42 $1,389.81 $534.99 Residential Suites/Microunit apartmentl dwelling $1,331.621 $1,458.941 $1,603.631 $617.30 Commercial - Services Drive-in Bank sq ft/GFA $59.00 $64.64 $71.05 $27.35 Walk-in Bank sq ft/GFA $43.07 $47.19 $51.87 $19.97 Day Care Center sq ft/GFA $49.36 $54.08 $59.44 $22.88 Library sq ft/GFA $27.17 $29.76 $32.71 $12.59 Post Office sq ft/GFA $37.32 $40.89 $44.94 $17.30 Hotel/Motel room $2,663.24 $2,917.88 $3,207.25 $1,234.60 Service Station VFP $36,119.72 $39,573.32 $43,497.82 $16,744.00 Service Station/Minimart VFP $27,323.05 $29,935.54 $32,904.27 $12,666.13 Service Station/Minimart/Car Wash VFP $17,750.48 $19,447.70 $21,376.33 $8,228.58 Carwash (Self -Serve) Stall $15,983.87 $17,512.17 $19,248.86 $7,409.63 Movie Theater screen $339.56 $372.03 $408.92 $157.41 Health Club sq ft/GFA $16.21 $17.76 $19.52 $7.52 Racquet Club sq ft/GFA $12.72 $13.93 $15.31 $5.90 Public Park acre $488.26 $534.95 $588.00 $226.34 Golf Driving Range tees $5,548.41 $6,078.93 $6,681.78 $2,572.08 Batting Cages cage $9,853.98 $10,796.17 $11,866.83 $4,568.01 Multipurpose Recreational Facility sq ft/GFA $15.89 $17.41 $19.14 $7.37 Trampoline Park sq ft/GFA $6.66 $7.29 $8.02 $3.09 Bowling Alley sq ft/GFA $5.15 $5.64 $6.20 $2.39 Ice Skating Rink sq ft/GFA $5.90 $6.47 $7.11 $2.74 Casino/Video Lottery Estab. With Food sq ft/GFA $59.88 $65.60 $72.11 $27.76 Commercial - Institutional Elementary School/Jr. High School student $754.58 $826.73 $908.72 $349.80 High School student $621.42 $680.84 $748.36 $288.07 University/College student $843.36 $924.00 $1,015.63 $390.96 Religious Institutions sq ft/GFA $2.17 $2.38 $2.62 $1.01 Hospital sq ft/GFA $3.44 $3.77 $4.15 $1.60 Commercial - Restaurant Quality Restaurant sq ft/GFA $19.39 $21.24 $23.35 $8.99 High Turnover Restaurant sq ft/GFA $24.72 $27.08 $29.77 $11.46 Fast Food Restaurant w/o drive thru sq ft/GFA $62.90 $68.91 $75.74 $29.16 Fast Food Restaurant w/ drive thru sq ft/GFA $72.51 $79.44 $87.32 $33.61 Drinking Place sq ft/GFA $37.85 $41.47 $45.58 $17.55 Coffee/Donut Shot w/ drive thru sq ft/GFA $19.26 $21.10 $23.19 $8.93 Industrial $0.00 $0.00 $0.00 $0.00 Light Industry/High Technology sq ft/GFA $2.80 $3.06 $3.37 $1.30 Industrial Park sq ft/GFA $1.78 $1.95 $2.14 $0.82 Warehousing/Storage sq ft/GFA $0.84 $0.92 $1.02 $0.39 Mini Warehouse sq ft/GFA 1 $0.75 $0.831 $0.911 $0.35 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Page 1 of 2 Return to Title Go to Fig. 9-1 Pg.1 Figure 9-1 Traffic Impact Fee Schedule 2020 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses 1 $4,438.731 $4,863.141 $5,345.421 $2,057.66 Commercial - Retail Shopping Center up to 9,999 sq ft sq ft/GLA $26.28 $28.79 $31.64 $12.18 10,000 sq ft -49,999 sq ft sq ft/GLA $16.49 $18.07 $19.86 $7.64 50,000 sq ft -99,999 sq ft sq ft/GLA $14.31 $15.67 $17.23 $6.63 100,000 sq ft -199,999 sq ft sq ft/GLA $13.02 $14.27 $15.68 $6.04 200,000 sq ft -299,999 sq ft sq ft/GLA $12.35 $13.53 $14.87 $5.72 300,000 sq ft -399,999 sq ft sq ft/GLA $12.18 $13.34 $14.67 $5.65 over 400,000 sq ft sq ft/GLA $12.62 $13.82 $15.19 $5.85 Miscellaneous Retail Sales sq ft/GFA $12.48 $13.68 $15.03 $5.79 Supermarket sq ft/GFA $26.25 $28.76 $31.61 $12.17 Convenience Market sq ft/GFA $106.81 $117.03 $128.63 $49.52 Nursery/Garden Center sq ft/GFA $21.56 $23.63 $25.97 $10.00 Furniture Store sq ft/GFA $1.08 $1.19 $1.31 $0.50 Car Sales - New/Used sq ft/GFA $10.97 $12.02 $13.21 $5.09 Auto Care Center sq ft/GLA $13.80 $15.12 $16.62 $6.40 Quick Lubrication Vehicle Shop Service Bay $15,069.49 $16,510.36 $18,147.70 $6,985.76 Auto Parts Sales sq ft/GFA $15.26 $16.71 $18.37 $7.07 Pharmacy (with Drive Through) sq ft/GFA $23.29 $25.52 $28.05 $10.80 Pharmacy (no Drive Through) sq ft/GFA $17.75 $19.45 $21.38 $8.23 Free Standing Discount Store sq ft/GFA $17.79 $19.50 $21.43 $8.25 Hardware/Paint Store sq ft/GFA $7.78 $8.53 $9.37 $3.61 Discount Club sq ft/GFA $11.69 $12.81 $14.08 $5.42 Video Rental sq ft/GFA $27.17 $29.76 $32.71 $12.59 Home Improvement Superstore sq ft/GFA $6.00 $6.57 $7.22 $2.78 Tire Store Service Bay $10,929.93 $11,975.00 $13,162.56 $5,066.78 Electronics Superstore sq ft/GFA $13.241 $14.50 $15.94 $6.14 Commercial - Office Administrative Office up to 9,999 sq ft sq ft/GFA $5.27 $5.78 $6.35 $2.44 10,000 sq ft -49,999 sq ft sq ft/GFA $4.83 $5.30 $5.82 $2.24 50,000 sq ft -99,999 sq ft sq ft/GFA $4.63 $5.08 $5.58 $2.15 100,000 sq ft -199,999 sq ft sq ft/GFA $4.47 $4.90 $5.39 $2.07 200,000 sq ft -299,999 sq ft sq ft/GFA $4.35 $4.77 $5.24 $2.02 over 300,000 sq ft sq ft/GFA $4.311 $4.73 $5.20 $2.00 Medical Office/Clinic I sq ft/GFA $10.921 $11.961 $13.15 $5.06 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Page 2 of 2 Return to Title Vehicles by Weight Class Class One: or lbs. of less BMW", "a dism 15WEV, Oft Full Size Pickup Mini Pickup Minivan SUV Utility Van Do% A0 i &0� L I A � - t% .006 Pok Crew Size Pickup Full Size Pickup Mini Bus Minivan Step Van Unify Van I % * * —[.T—V City Delivery Mini Bus Will In. 4% MIA. qw� City Delivery Conventional Van Landscape Utility Large Walk In 4% RK& Bucket City Delivery Large Walk In I�i�lil ■L :==: Ak N■0NNr011a' lti Beverage Rack School Bus Single Axle Van Stake Body Class Seven, 26,001 00 City Transit Bus Furniture High Profile Semi Home Fuel Medium SerniTractor Refuse Tow Class Eight: 33,001 lbs.' c - wo Cement Mixer Dump Fire Truck Fuel W42 Heavy Semi Tractor Refrigerated Van Semi Sleeper Figure 9-2 City of Tukwila, WA Title 14 WATER AND SEWERS Chapter 14.04 WATER RATES AND REGULATIONS § 14.04.010. Definitions. § 14.04.020. Application to Connect § 14.04.190. Required. § 14.04.030. Contents of Application. § 14.04.040. Effective Date of Contracts. § 14.04.050. Connection Procedure. § 14.04.060. Installation and Apparatus § 14.06.060. Standards and § 14.04.230. Specifications. § 14.04.070. Connection Installation § 14.04.240. Fees. § 14.04.071. Regular Connection Charge. § 14.04.072. Special Connection Charge. § 14.04.074. Computation of Special Connection Charge. § 14.04.076. Regional Capital Facilities § 14.04.290. Charge. § 14.04.080. Connection Notification. § 14.04.090. Connection to Water Main. § 14.04.110. Change in Size or Location of Connection. § 14.04.120. Application to Discontinue Water — Fee to Turn Water § 14.04.330. Meter On. § 14.04.122. Special Meter Read. § 14.04.125. Charge for Shut-off Notices for Delinquent Water Service Billings. § 14.04.130. Cost of Shutoff and Turn -on by City. § 14.04.150. Water Utility Billing. § 14.04.160. Chapter Compliance Required. § 14.04.165. Water Shortage Response Plan. § 14.04.170. Emergency Change in Water Use. § 14.04.175. Violations. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 § 14.04.180. Water Falling on Street or § 14.06.020. Sidewalk. § 14.04.190. Violation of Section . § 14.04.200. City Control of Water Use. § 14.04.210. Use of Water Restricted § 14.06.050. During Fire. § 14.04.220. Right of City to Shut Off § 14.06.060. Supply. § 14.04.230. Meter Ownership and § 14.06.070. Maintenance. § 14.04.240. Rates for Metered Water. § 14.04.250. Fire Protection. § 14.04.260. Rates Outside City Limits. § 14.04.270. Payment of Charges — Delinquency. § 14.04.280. Failure to Receive Bill. § 14.04.290. Bathing or Discarding Substance in City Water System. § 14.04.300. Connection Without Permission. § 14.04.310. Supervisor Authority — Appeal to Council. § 14.04.330. Temporary Water Meters. Chapter 14.06 BACKFLOW PREVENTION ASSEMBLIES § 14.06.010. Purpose of Chapter. § 14.06.020. Authority. § 14.06.030. Definitions. § 14.06.040. Cross -Connections Declared Unlawful. § 14.06.050. Backflow Prevention Assemblies. § 14.06.060. Regulation of Private Water Supplies. § 14.06.070. Adoption of State Regulations. City of Tukwila, WA TUKWILA CODE § 14.06.080. Abatement of Unlawful § 14.12.230. Injury to Public Sewers and Cross -Connections and Drains. Installation of Approved § 14.12.240. Depositing Rubbish in Backflow Prevention Public Sewers and Drains. Assemblies — Procedure. § 14.12.250. Exhaust Steam and Hot § 14.06.090. Penalties. Water. § 14.12.260. Unlawful Discharge of Chapter 14.08 Prohibited Foreign SEWAGE WASTE DISPOSAL SYSTEMS Substance into Public Sewer. § 14.12.263. Pretreatment Facilities. § 14.08.010. County Ordinance Adopted. § 14.12.265. Unlawful Discharge — Enforcement. Chapter 14.12 § 14.12.270. Discharge of Surface or SEWER REGULATIONS Subsurface Drainage. § 14.12.280. Trees and Shrubbery § 14.12.020. Definitions. Obstructing Sewers. § 14.12.030. Notice — Connection § 14.12.290. Non-compliance — Notice — Requirements. Remedy. § 14.12.040. Penalty for Late Connection § 14.12.300. Regulation Authority. — Payment. § 14.12.310. Lien — Collection — Notice. § 14.12.050. Permit Required. § 14.12.060. Sanitary Side Sewer Chapter 14.16 Installation Permit SEWER CHARGES Required. § 14.12.070. Obtaining Permit to Install § 14.16.010. Definitions. Sanitary Side Sewer. § 14.16.020. Date of Commencement and § 14.12.080. Issuance of Temporary Payment for Service Permit. Charges. § 14.12.090. Permit to Construct or § 14.16.030. Schedule of Charges. Extend Sanitary Sewer § 14.16.040. Special Rates. Inside Property. § 14.12.100. Additional Work Permit. § 14.16.050. Responsibility of Owner to Pay. § 14.12.110. New Permit Fee. § 14.16.060. City/King County § 14.12.120. Time Limit. Agreement Charges. § 14.12.130. Display of Permit. § 14.16.065. City/King County § 14.12.140. Work Without a Permit. Wastewater Treatment § 14.12.150. Description of Sanitary Side Rate. Sewers. § 14.16.070. Regular Connection Charge. § 14.12.170. Call for Inspection. § 14.16.072. Special Connection Charge § 14.12.180. Inspection Before Trenches — Payment. Filled. § 14.16.074. Special Connection Charge § 14.12.190. Inspector's Right of Entry. — Computation. § 14.12.210. Improper Work — § 14.16.076. Special Connection Charge Completion by City. — Inclusion of Property in § 14.12.220. Obstructed or Broken Sewer Local Improvement District Repair. — Credit. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA WATER AND SEWERS § 14.16.078. Side Sewer Stub Installation. Chapter 14.19 § 14.16.080. Conformance to TUKWILA SOUTH AND ORILLIA Comprehensive Sewage Plan ROAD SEWER CONNECTIONS — Lateral and Trunk Sewer Dedication. § 14.19.010. Sewer Connection § 14.16.090. Lien for Unpaid Charges. Requirements and Fees. § 14.16.100. Police Power. § 14.19.020. Service Area Boundaries. § 14.16.110. Penalty for Violation. § 14.19.030. Funding Recovery Review. Chapter 14.17 Chapter 14.20 ALLENTOWN SEWER AND WATER COMPREHENSIVE SEWER PLAN CONNECTIONS § 14.20.010. Adopted. § 14.17.010. Phase I Sewer Connection § 14.20.020. Copies on File. Charge. § 14.17.020. Allentown and Ryan Hill Chapter 14.24 Regular Water Connection FIRE HYDRANTS Charges. § 14.17.030. Phase I Service Area § 14.24.010. Applicability of Provisions. Boundaries. § 14.24.020. Type. § 14.17.040. Funding Recovery Review. § 14.24.030. Installation. § 14.17.050. Allentown Phase 2 and § 14.24.040. Coverage. Foster Point Sewer § 14.24.050. Accessibility. Connection Charges. § 14.24.060. Exceptions. § 14.17.060. Allentown Phase 2 and § 14.24.070. Re -inspection Fees for New Foster Point Sewer Construction, Tenant Connection Charges. Improvements, and Spot § 14.17.070. Phase 2 Service Area Inspections. Boundaries. § 14.24.080. Violations—Penalties. § 14.17.080. Funding Recovery Review. § 14.24.090. Appeals. Chapter 14.18 Chapter 14.28 DUWAMISH SEWER AND WATER STORM AND SURFACE WATER CONNECTIONS UTILITY § 14.18.010. Sewer Connection § 14.28.010. Creation of Storm and Requirements. Surface Water Utility. § 14.18.020. Sewer Service Area § 14.28.020. Administrator of Utility. Boundaries. § 14.28.030. Adoption of Storm and § 14.18.030. Regular Water Connection Surface Water Utility Plan. Charges. § 14.28.040. Property Transferred to § 14.18.040. Water Service Area Utility. Boundaries. § 14.28.050. Storm and Surface Water Utility Fund. § 14.28.060. Authority to Establish Rates and Charges. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA TUKWILA CODE § 14.28.070. Limitation of Liability. § 14.30.210. Best Management Practices. § 14.28.080. Civil Penalties. § 14.30.220. Liability. § 14.30.230. Enforcement Authority, Chapter 14.30 Procedure, and Penalties. SURFACE WATER MANAGEMENT § 14.30.240. Injunctive Relief. § 14.30.250. Appeals. § 14.30.010. Authority. § 14.30.020. Purpose and Intent. Chapter 14.31 § 14.30.030. Definitions. ILLICIT DISCHARGE DETECTION § 14.30.040. Applicability. AND ELIMINATION § 14.30.050. Compliance. § 14.30.060. Standards. Chapter 14.32 § 14.30.070. Permits. STORM AND SURFACE WATER RATES AND CHARGES § 14.30.080. Compliance Required. § 14.30.085. Maintenance Required. § 14.32.010. Purpose. § 14.30.090. Inspection Authority and § 14.32.020. Definitions. Procedure. § 14.32.030. Utility Rates and Service § 14.30.100. Inspection and Maintenance Charges. Schedule for Stormwater § 14.32.040. Special Rates. Flow Control and Water Quality Treatment Facilities. § 14.32.050. Service Charge § 14.30.110, Maintenance Covenant Adjustments. Required for Stormwater § 14.32.060. Billing and Collecting. Flow Control and Water § 14.32.070. Service Charge Revenues. Quality Treatment Facilities. § 14.30.120. Inspection and Maintenance Chapter 14.36 Records. UTILITY CONCURRENCY § 14.30.130. Special Drainage Fee. STANDARDS § 14.30.140. Inlet Marking. § 14.30.150. Trash and Waste § 14.36.010. Water Supply — Receptacles. Concurrency Determination. § 14.30.160. Financial Guarantees. § 14.36.020. Sewer System — Concurrency Determination. § 14.30.170. Insurance. § 14.36.030. Mitigation. § 14.30.180. Discharge Prohibitions. § 14.36.040. Appeals. § 14.30.190. Allowable Discharges. § 14.30.200. Conditional Discharges. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.010 WATER AND SEWERS § 14.04.050 CHAPTER 14.04 WATER RATES AND REGULATIONS § 14.04.010. Definitions. A. 'Director," wherever used in TMC Title 14, means the Director of Public Works or his or her designee. B. 'Department," wherever used in TMC Title 14, means the Department of Public Works. C. "Person," wherever used in TMC Title 14, means and includes natural persons of either sex, associations, partnerships, or corporations, whether acting by themselves or by a servant, agent or employee; the singular number includes the plural and the masculine pronoun includes the feminine. (Ord. 2313 § 1 (part), 2010) § 14.04.020. Application to Connect Required. Any person desiring to be connected with the City water supply system shall make application therefor to the Department. Applications shall be made upon a printed form furnished for that purpose, which application shall contain a description of the property where such water supply is desired, the size of the service pipe, and shall be signed by the owner of the property to be served or his duly authorized agent. (Ord. 2313 § 1 (part), 2010) § 14.04.030. Contents of Application. The application provided for in Section 14.04.020 shall contain a contract on the part of the person making the same to pay for the water applied for at the rate and in the manner specified in such contract, and shall reserve to the City the right to charge and to collect the rates and enforce the penalties provided for in this chapter, in the manner herein provided; to change the rates at any time by ordinance; to temporarily discontinue the service at any time without notice to the consumer; and shall specify that said contract is subject to all the provisions of this chapter and of any ordinance of the City relating to the subject hereafter passed; and shall provide that the City shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances in the property supplied with water, installed by the owner or occupant of said property; and shall provide that in case the supply of water shall be interrupted or fail by any reason, the City shall not be held liable for damages for such interruption or failure, nor shall such interruptions or failures for any reasonable period of time be held to constitute a breach of contract on the part of the City or in any way relieve the consumer from performing the obligations of his contract. (Ord. 2313 § 1 (part), 2010) § 14.04.040. Effective Date of Contracts. All contracts shall take effect from the day they are signed and rates shall be charged from the day the property is connected with the City water supply. (Ord. 2313 § 1 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.050 TUKWILA CODE § 14.04.074 § 14.04.050. Connection Procedure. Upon the presentation to the Director of the receipt for the installation fees, the Director shall cause the property described in the application to be connected with the City's water main by a service pipe extending at right angles from the main to the property line and including a stopcock placed within the lines of the street curb, which connection shall thereafter be maintained and kept within the exclusive control of the City. (Ord. 2313 § 1 (part), 2010) § 14.04.060. Installation and Apparatus Standards and Specifications. The current requirements of the Tukwila Municipal Code, the Tukwila Public Works Department, the Tukwila Fire Department, the Rules and Regulations of the Washington State Department of Health, the Uniform Plumbing Code, American Water Works Association Standards, and the American Public Works Association Standards shall be met and apply to any and all water main installations, extensions, service connection, irrigation sprinkler connections, hydrant connection, fire sprinkler and fire main connections, and branches hereinafter installed in the City. Detailed criteria and permit requirements are available through the City of Tukwila Infrastructure and Development Standards. (Ord. 2313 § 1 (part), 2010) § 14.04.070. Connection Installation Fees. The water meter shall be installed by the City water utility. The water meter installation fee shall be payable at the time of application for connection. Whenever the fee is not sufficient to cover the total expense for labor, materials, and overhead, the deficit shall be charged to the property for which installation was made and to the owner thereof. Any excess payment shall be returned to the person applying for the installation. (Ord. 2313 § 1 (part), 2010) § 14.04.071. Regular Connection Charge. In order that property owners shall bear their equitable share of the cost of the City's entire water system, the property owner seeking connection to the water system of the City shall pay, prior to connection to a City water system, a regular water meter installation charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.072. Special Connection Charge. In addition to the regular connection charge imposed under TMC Section 14.04.071, a special connection charge shall be paid by the owners of properties that have not been assessed or charged or borne the cost of private development of mains or laterals or borne an equitable share of the cost of the City water system. The special connection charge shall be computed as provided in TMC Section 14.04.074 in the absence of latecomers' agreements, Local Improvement Districts, or special assessment ordinances. (Ord. 2313 § 1 (part), 2010) § 14.04.074. Computation of Special Connection Charge. A. The special connection charge imposed by TMC Section 14.04.072 shall be paid to the Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.074 WATER AND SEWERS § 14.04.120 water fund and shall be computed in accordance with RCW 35.44.030 and 35.44.040. B. If the property for which a special connection charge has been paid is subsequently included in a Local Improvement District for the construction of water mains or lateral lines of a similar nature, the amount so paid shall be credited to the assessment against such property and such amount shall be paid from the water fund to such Local Improvement District fund. (Ord. 2313 § 1 (part), 2010) § 14.04.076. Regional Capital Facilities Charge. In addition to the regular connection charge imposed under TMC Section 14.04.071 and any special connection charges under TMC Section 14.04.072, a regional system growth fee known as the Regional Capital Facilities Charge (RCFC) shall be paid for all new residential, multi- family housing, or commercial service connections on or after January 1, 2003, for regional capital costs associated with new supply and transmission of water. Property owners shall pay the RCFC prior to permit issuance for connection to a City water system. The fee for this expense shall be established by the Cascade Water Alliance and passed through without additional markup. (Ord. 2313 § 1 (part), 2010) § 14.04.080. Connection Notification. Whenever the owner or occupant of any property connected with the City water supply system desires to use the water, he shall notify the Director and request that the water be turned on to the property. The owner shall leave his portion of the service exposed in the trench until it has been inspected and the water turned on, when he shall immediately cover the pipe. (Ord. 2313 § 1 (part), 2010) § 14.04.090. Connection to Water Main. All water used for any purpose other than fire protection service shall be supplied through a meter. Every house or building supplied by City water must install its own separate service connection with the City main, and the house or building so supplied will not be allowed to supply water to others, except temporarily where there are no mains in the street. When a new main is laid in any street, owners of property on the street who are being supplied with City water from a private main or a connection to a private service shall make application for a tap and shall connect up with a separate service connection to the main in front of the property. (Ord. 2313 § 1 (part), 2010) § 14.04.110. Change in Size or Location of Connection. A change in the size or location of a service connection shall be paid for by the owner on the basis of the cost of materials and labor involved in making said change, plus administrative overhead. (Ord. 2313 § 1 (part), 2010) § 14.04.120. Application to Discontinue Water — Fee to Turn Water Meter On. Whenever any water customer desires to discontinue the use of water for a period of not less than one month, he shall make written application to have the water turned off and pay all arrears Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.120 TUKWILA CODE § 14.04.160 in full. A charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council will be assessed to turn water on. No reduction of rates will be made for less than one month, or without the application prescribed in this section. Work performed outside of normal working hours, due to customer request, will receive an additional charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.122. Special Meter Read. Whenever a water customer desires to have the water meter read outside the water department's normal meter reading schedule, a written application shall be submitted specifying the requested read date. A fee will be charged for this meter reading service in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.125. Charge for Shut-off Notices for Delinquent Water Service Billings. A. When water service customers are 60 days in arrears, a shut-off notice shall be mailed or posted. There shall be a service charge on water accounts for all shut-off notices in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. This fee will be applied first before regular service charges are credited. B. All monies in arrears, which is defined as the amount owing eleven days after the billing date, are due upon receipt of a shut-off notice. To avoid water shut-off, arrangements for payment may be made with the Finance Director. C. When water is used after the meter has been turned off and locked for non-payment, an unauthorized water turn -on fee will be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.130. Cost of Shutoff and Turn -on by City. When water has been shut off by the City for any cause and is turned on again or allowed or caused to be turned on by the owner without written application, no remission of rates will be made on account of its having been shut off, and the Director may then shut off the water at the main or remove a portion of the service connection in the street, and shall charge the actual cost of cutting out and reinstating the water supply to the owner of the property. (Ord. 2313 § 1 (part), 2010) § 14.04.150. Water Utility Billing. All accounts for water shall be the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant and/or third -party paying agents. A fee will be charged for the administrative cost of updating the utility records for changes in owners, tenants, and third party paying agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.160 WATER AND SEWERS § 14.04.175 § 14.04.160. Chapter Compliance Required. It is unlawful for any person to make any connection with any service or branch pipe thereof, or to make any repairs, additions, or alterations of any pipe, stop, or waste, or any fixtures connected or designed to be connected with the City water system, except in compliance with this chapter. (Ord. 2313 § 1, 2010) § 14.04.165. Water Shortage Response Plan. A water shortage response plan is required by the wholesale water supplier, the Cascade Water Alliance, and by the public welfare to effect conservation of water during water emergencies. A water shortage response plan for the Tukwila water system, as required by WAC 246-290-42, shall be updated by the Council as required. (Ord. 2313 § 1 (part), 2010) § 14.04.170. Emergency Change in Water Use. A. Upon finding that an emergency situation exists, the Director shall: Immediately seek to communicate with the Mayor and Council through the fastest means feasible to advise them of this emergency situation and the reason for such restrictions. Immediately take steps to notify the public within the service area affected through the media and other means to advise said water users of such emergency water conservation measures and the necessity thereof. Implement such measures and regulations as may be necessary to implement water use restrictions under this ordinance and the plan adopted in TMC Section 14.04.165. B. The Mayor, upon finding that an emergency situation exists which threatens to seriously disrupt or diminish the municipal water supply, may order restrictions on water use so as to distribute the available supply on a just and equitable basis to all customers, including residential, industrial and commercial users who purchase water. C. Upon declaration of a water supply emergency by the Mayor, no water shall be used for nonessential outdoor uses including, but not limited to, irrigation of lawns, the washing of cars, driveways or other outdoor surfaces by any customer at any residence, apartment building, commercial building, or property or structure except at such times and under those conditions as specified by the Director. These restrictions are to be implemented even though more restrictive than the plan provisions and shall in no way limit indoor rationing provisions of the plan. (Ord. 2313 § 1 (part), 2010) § 14.04.175. Violations. A. The Director shall be authorized to impose sanctions and/or surcharges upon those customers within the affected area who refuse or otherwise fail to comply with the emergency conservation measures directed by levying a surcharge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council and/or disconnecting water service to said customers. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.175 TUKWILA CODE § 14.04.230 B. The restrictions and surcharge shall not compromise the health, safety or welfare of the public. Exemption from the imposition of a surcharge may be granted by the Mayor or Director in the Mayor's absence, upon written request, if it is found that a surcharge will constitute an undue burden on the customer. (Ord. 2313 § 1 (part), 2010) § 14.04.180. Water Falling on Street or Sidewalk. It is unlawful for any person willfully to place any automatic sprinkling device in a wasteful manner or willfully to place or to hold any hose in such position or manner that water falls on any person while on any public street or sidewalk. (Ord. 2313 § 1 (part), 2010) § 14.04.190. Violation of Section 14.04.180. If any person violates any provision of TMC Section 14.04.180, the City shall shut off the water furnished to the property upon which such violation is made, and shall charge a fee for turning on the water in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.200. City Control of Water Use. The City reserves the right in case of a shortage of water from any cause to make an order forbidding or suspending the use of water for sprinkler or irrigation, or to fix the hours during which the same may be done, by proper notice. Any person violating such order shall have his water shut off by the City and shall pay a fee for having the water turned on again as in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.210. Use of Water Restricted During Fire. It is unlawful for any person to use water for irrigation or sprinkling during the progress of any fire in the City, unless for the protection of property; and all irrigation and sprinkling shall stop when an alarm of fire is sounded, and shall not begin again until the fire is extinguished. (Ord. 2313 § 1 (part), 2010) § 14.04.220. Right of City to Shut Off Supply. The City reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other reason, and the City shall not be responsible for any damage such as bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures, stoppages or interruptions of water supply, or any other damage resulting from the shutting off of water. (Ord. 2313 § 1 (part), 2010) § 14.04.230. Meter Ownership and Maintenance. All meters on services of consumers shall be and remain the property of the City. In all cases where meters are lost, injured or broken by carelessness or negligence of owners or occupants, Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.230 WATER AND SEWERS § 14.04.250 and in the case of nonpayment, the water shall be shut off and will not be turned on until such fee and the charge for turning on the water are paid. In event of the meter getting out of order or failing to register properly, the consumer shall be charged on an estimate made by the Director on the average monthly consumption during the last three months that the same was in good order or from what he may consider the most reliable data at his command. (Ord. 2313 § 1 (part), 2010) § 14.04.240. Rates for Metered Water. A. The rates for metered water supplied within the City for commercial/ industrial customers, in one-month increments or any fractional part thereof, shall be in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B. Single-family customers (one dwelling unit): Each single-family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. C. Multi -family customers (more than one dwelling unit): Each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. D. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of all water service charges. Every such person shall file with the Finance Department their affidavit that he or she is qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for the special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. E. Tukwila's current fee schedule will be reviewed annually and at such time the City may amend the water rates to reflect the City's increased costs. (Ord. 2313 § 1 (part), 2010) § 14.04.250. Fire Protection. A. Any service connection to the main for a fire sprinkler system shall be approved in advance by the City, and shall be installed at the expense of the owner, and fitted only with such fixtures as are needed for fire protection and must be entirely disconnected from those used for other purposes. B. Any service connection other than fire sprinkler installed on private property for fire protection, and fitted with fire hydrants, stand pipes or other outlets for fire protection, shall be approved in advance by the City. C. It is unlawful for any person to fail, neglect or refuse to give the Director or his duly authorized representative free access at all reasonable hours to all parts of premises supplied with water from the City mains for the purpose of inspecting the condition of pipes and fixtures and noting the amount of water being used and the manner in which it is used. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.250 TUKWILA CODE § 14.04.3 10 D. The rates for water supplied for fire protection purposes exclusively shall be deemed service charges and shall be, for any one month or fractional part thereof, charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. E. Water used for any other purpose than for fire protection service shall be deemed as theft and the owner will be made liable for the cost of water used and a meter shall be required on any fire protection service connection. (Ord. 2313 § 1 (part), 2010) § 14.04.260. Rates Outside City Limits. The rates for water supplied to consumers not within the City limits shall be as follows: The same rate schedule as provided in TMC Sections 14.04.240 and 14.04.250 shall apply. The above rates to consumers outside the City limits are subject to the same rates to consumers inside the City limits, provided that nothing in this section shall prevent the City Council from fixing other and different rates for the sale of water to water districts, provided that all meters for measuring water to outside consumers are installed within the City limits or within the limits of easements, franchises, or rights-of-way belonging to the City. (Ord. 2313 § 1 (part), 2010) § 14.04.270. Payment of Charges — Delinquency. All water charges and related fees shall be due and payable on the first day of each and every month for the water consumed and the services provided during the previous month and shall be paid to the Finance Department. In all cases when the water bill becomes delinquent, the Director may shut off the water and shall not turn it on again until all arrearages have been paid. All bills will become delinquent on the eleventh day of the month following the month that the water was consumed. Interest will be charged on delinquent balances 30 days in arrears in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) § 14.04.280. Failure to Receive Bill. Failure to receive a bill will not be recognized as a valid excuse for failure to pay fees when due. Change of ownership of property and change in mailing address must be filed in writing with the Finance Director. (Ord. 2313 § 1 (part), 2010) § 14.04.290. Bathing or Discarding Substance in City Water System. It is unlawful for any person to bathe in or to throw any substance into any reservoir, water tank, or impounding dams of the City water system. (Ord. 2313 § 1 (part), 2010) § 14.04.300. Connection Without Permission. It is unlawful for any person to make connections with any fixtures or to connect any pipe with any water main or water pipe belonging to the water system or to open or to close any valves in the system without first obtaining permission from the Director. (Ord. 2313 § 1 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.04.3 10 WATER AND SEWERS § 14.04.330 § 14.04.310. Supervisor Authority — Appeal to Council. The Director shall have authority to decide any question that may arise and that is not fully covered in this chapter, and his decision shall be final unless an appeal is made to the City Council. In such a case, the decision of the Council shall be final. (Ord. 2313 § 1 (part), 2010) § 14.04.330. Temporary Water Meters. A. Temporary water meters are available on a rental basis from the Public Works Department, with the rental deposit amount charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B. Meters are to be used only for the designated project. C. Meters are to be returned promptly upon completion of the project or at the end of 60 days, whichever comes first. D. Meters are to be returned in the same condition as when rented. The user is responsible for meter damage and shall pay all costs related to repair. Lost or stolen meters are the responsibility of the renter and renter shall pay all costs associated with replacement of the meter, shall forfeit the rental deposit and shall pay for an estimated amount of water used. E. Meters may be moved from one hydrant to another within the same project providing: Water Department is notified in advance of proposed relocation; Hydrant wrenches are used in making all connections and disconnections. F. Rates for water usage through temporary meters shall be charged in accordance with the June through September Commercial/ Industrial fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 § 1 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.06.010 WATER AND SEWERS § 14.06.050 CHAPTER 14.06 BACKFLOW PREVENTION ASSEMBLIES § 14.06.010. Purpose of Chapter. The purpose of this chapter is to protect the public water system from contamination due to backflow through cross -connections, and eliminate or control cross -connections between the public water system and any private water supply. (Ord. 2313 § 2 (part), 2010) § 14.06.020. Authority. A. The Public Works Director, or his or her designee, shall administer this chapter. The Director's authority includes the establishment of regulations and procedures, enforcement, and implementation of measures necessary to carry out the intent of this chapter. B. The Director promulgates and implements the City's policy on cross -connection control for the operation of the Cross -Connection Control Program. The Cross -Connection Control Program policy shall be enforced under the requirements of this Chapter. (Ord. 2313 § 2 (part), 2010) § 14.06.030. Definitions. A. "Backflow" means undesirable reversal of flow of water or other substances through a cross -connection into the public water system or customer's potable water system. B. "Approved backflow prevention assembly" means a Reduced Pressure Principle Assembly (RPPA), Reduced Pressure Detector Assembly (RPDA), Double Check Valve Assembly (DCVA), Double Check Detector Assembly (DCDA), Pressure Vacuum Breaker Assembly (PVBA), or a Spill -Resistant Vacuum Breaker Assembly (SVBA) that is approved by the Washington State Department of Health (DOH). Assemblies that will be approved will appear on the current approved backflow prevention assemblies list developed by the University of Southern California Foundation for Cross -Connection Control and Hydraulic Research or other entity acceptable to the DOH. C. "Cross -connection" means any physical connection whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to a public water supply as a result of backflow. (Ord. 2313 § 2 (part), 2010) § 14.06.040. Cross -Connections Declared Unlawful. The installation or maintenance of a cross -connection, which in the opinion of the Director, or his or her designee, will endanger the water quality of the potable water supply of the City, is unlawful. (Ord. 2313 § 2 (part), 2010) § 14.06.050. Backflow Prevention Assemblies. Approved backflow prevention assemblies, when required to be installed in the opinion of the Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.06.050 WATER AND SEWERS § 14.06.090 Public Works Director, or his or her designee, shall be installed and maintained by the service customer on any service connection to the City's water supply system where said approved backflow prevention assemblies are necessary for the protection of the City's water supply. (Ord. 2313 § 2 (part), 2010) § 14.06.060. Regulation of Private Water Supplies. Use or operation of a private water supply system, contrary to the provisions of the ordinances of the City, or the laws of the State, or the rules and regulations of the DOH regarding public water supplies where said private system is served by the City public water supply, is unlawful. (Ord. 2313 § 2 (part), 2010) § 14.06.070. Adoption of State Regulations. DOH rules and regulations regarding public water supplies, entitled "Cross -Connection Control Regulation in Washington State" codified at WAC 246-290-490, and the American Water Works Association, Pacific Northwest Sections' Second Edition of "Accepted Procedure and Practice in Cross -Connection Manual" as they presently exist or are hereafter amended, are adopted by this reference as if set forth in full and are on file in the office of the City Clerk. (Ord. 2313 § 2 (part), 2010) § 14.06.080. Abatement of Unlawful Cross -Connections and Installation of Approved Backflow Prevention Assemblies — Procedure. Cross -connections declared in TMC Chapter 14.06 to be unlawful, whether presently existing or hereinafter installed, and/or services requiring backflow prevention assemblies and/or unlawful use or operation of a private water supply system served by the City public water supply system are public nuisances, and in addition to any other provisions of this code or the ordinances of the City where abatement of public nuisances shall be subject to abatement in accordance with the following procedure: In the event that the Public Works Director determines that a nuisance as herein provided does exist, written notice shall be sent to the person in whose name the water service is established under the records of the City water department, or alternatively, a copy of such written notice shall be posted on the premises served. 2. The notice shall provide that the nuisance described herein shall be corrected within 30 days of the date said notice is mailed or posted on the premises. In the event said nuisance is not abated within the prescribed time, water service to said premises shall be discontinued. 4. In the event that the nuisance, in the opinion of the Public Works Director, or his or her designee, presents an immediate danger of contamination to the public water supply, service from the City water supply system to the premises may be terminated without prior notice, provided, however, notice will be posted on the premises in the manner heretofore provided at the time said service is terminated. (Ord. 2313 § 2 (part), 2010) § 14.06.090. Penalties. Any violation of any provision, or failure to comply with any of the requirements of TMC Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.06.090 TUKWILA CODE § 14.06.090 Chapter 14.06, shall be subject to the terms and conditions of Chapter 8.45 ("Enforcement"). (Ord. 2313 § 2 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.08.010 WATER AND SEWERS § 14.08.010 CHAPTER 14.08 SEWAGE WASTE DISPOSAL SYSTEMS § 14.08.010. County Ordinance Adopted. The regulations and provisions of Title 13 of the Board of Health of King County, Washington, entitled 'Board of Health On-site Sewage Regulations" as they presently exist or are hereafter amended, are adopted by the reference as if set forth in full and are on file in the office of the City Clerk. (Ord. 2314 § 1, 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.020 WATER AND SEWERS § 14.12.050 CHAPTER 14.12 SEWER REGULATIONS § 14.12.020. Definitions. See TMC Section 14.04.010 (Ord. 2314 § 2 (part), 2010) § 14.12.030. Notice — Connection Requirements. The owner of each lot or parcel of real property within the area to be served by the sanitary sewage disposal system, upon which such lot or parcel of property there shall be situated any building or structure for human occupancy or use for any purpose, shall within 30 days after the publication in a newspaper of general circulation within the City of a notice signed by the Mayor and City Clerk, for connections to be made therewith, cause a connection to be made between the said sewage system and each such building or structure; provided that where more than one such building is located on a lot or parcel of land not larger than 50 feet in width and 100 feet in depth, and all such buildings may be served by one sanitary sewer connection, only one connection for all such buildings need be made. All premises upon which any portion of any building is situated within 250 feet of a sanitary sewer line or lateral shall be deemed to be within the area served by said sanitary sewage system. All connections shall be made to said sanitary sewage system in a permanent and sanitary manner subject to the approval of the Director, and shall be sufficient to carry all sanitary sewage and waste fluids of any kind from said buildings into said sanitary sewage system, and each toilet, sink, stationary wash stand, or any other piece or type of equipment having waste fluids shall be connected with said sanitary sewage system; provided, that where such building or structure has not been completed before the publication of such notice, connections shall be made on or before the completion of such building or structure and before any use or occupancy. (Ord. 2314 § 2 (part), 2010) § 14.12.040. Penalty for Late Connection — Payment. If any connection shall not be made within the time herein provided, the Director or such other employee of the City as the Mayor or City Council designate is hereby authorized and directed to cause the same to be made and to file a statement of the costs thereof with the City Clerk; and thereupon a warrant shall be issued under the direction of the City Council against the sewer fund for the payment of such cost. Such amount, together with a penalty of 10%, plus interest at the rate of 8% per annum upon the total amount of such costs and penalty, shall be assessed against the property upon which the said building or structure is situated, and shall become a lien thereon as hereinafter provided as in the case of delinquent sanitary sewer service charges. The total amount when collected shall be paid into the sewer fund. In the alternative, if any such connection shall not be made within the time hereinabove provided, the Director or such other employee of the City as the Mayor and City Council may hereinafter designate, shall certify to the City Clerk that the connection has not been made, and the City Council shall cause an action to be instituted in the Superior Court of the State of Washington for King County against the owner or owners of the property upon which the building or structure requiring said person to forthwith cause the connection to be made. Nothing in TMC Chapter 14.12 shall be construed to relieve the property owner from paying monthly sanitary sewage service charges as herein established pending the making of the connection. (Ord. 2314 § 2 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.050 WATER AND SEWERS § 14.12.090 § 14.12.050. Permit Required. It is unlawful for any person to make any opening in any public sanitary sewer or to connect any private drain or sewer therewith, or to lay, repair, alter or connect any private drain or sanitary sewer in a public street, avenue, alley or other public place, unless such person has first obtained a permit to do so from the Director. (Ord. 2314 § 2 (part), 2010) § 14.12.060. Sanitary Side Sewer Installation Permit Required. It is unlawful for any person to connect any private sanitary sewer system to the public sanitary sewer system without complying with all the provisions of TMC Chapter 14.12 in relation thereto and having a permit to do so from the Director. (Ord. 2314 § 2 (part), 2010) § 14.12.070. Obtaining Permit to Install Sanitary Side Sewer. In order to obtain the permit provided for in TMC Section 14.12.060, the owner shall file an application therefor with the Department pursuant to TMC Section 18.104.060, together with plans and specifications showing the whole course of the drain from the public sanitary sewer to its connection with the building or premises, and all branches, traps and fixtures to be connected therewith, which plans and specifications shall be submitted to the Department for approval, and Director may change or modify the same and designate the manner in which the connecting sanitary sewers shall be connected with the building, the place where such connections with the public sanitary sewer shall be made, and specify the material, size and grade of the connecting sanitary sewer, and shall endorse his approval on such plans and specifications as originally prepared or as modified and changed. The owner shall further provide an expressed written consent to the Department to enter upon such premises for the purposes of inspection as hereinafter provided. Upon approval of the plans and specifications, the Department shall issue a permit to the owner to construct that portion of sanitary side sewer within the owner's property, and shall also issue a work order to the street department to install sanitary side sewer from sanitary sewer main to property line; and it is unlawful for any person to alter the approved plans and specifications or to do any other work than is provided for in the permit, or to repair, extend, remove or connect to any private sanitary sewer without first obtaining a permit as provided in TMC Chapter 14.12. (Ord. 2314 § 2 (part), 2010) § 14.12.080. Issuance of Temporary Permit. At the discretion of the Department, a temporary permit may be issued permitting connection to a public sanitary sewer, sanitary sewer outfall, or sanitary side sewer. The temporary permit shall be revocable upon 60 days' notice posted on the premises directed to the owner or occupant of the premises, and in the event that the private sanitary sewers are not disconnected at the expiration of the notice, the Department of Public Works may disconnect the same and collect the cost of the disconnection from the owner or occupant of the premises by suit in any court of competent jurisdiction. Any such temporary permit shall be granted only on the condition that the permittee will save the City harmless from any damage by reason of the issuance or revocation of the temporary permit. (Ord. 2314 § 2 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.090 TUKWILA CODE § 14.12.150 § 14.12.090. Permit to Construct or Extend Sanitary Sewer Inside Property. A. It is unlawful for any person to construct, extend, relay, or make connections to a private or lateral sanitary sewer within the property line without obtaining a permit therefor as provided in TMC Chapter 14.12 and filing a scale drawing showing the location thereof, as provided in TMC Section 14.12.050. B. The Department may issue the permit to the owner or agent of any property to construct, extend, relay, or make connections to a lateral or private sanitary sewer inside of property line provided that such owner or agent shall comply with the applicable provisions of TMC Chapter 14.12. (Ord. 2314 § 2 (part), 2010) § 14.12.100. Additional Work Permit. When a permit has been issued for a private sanitary sewer or drain, as provided in TMC Chapter 14.12, no additional work shall be put in without the approval of the Department, and a new permit must be taken out covering all such additional work. (Ord. 2314 § 2 (part), 2010) § 14.12.110. New Permit Fee. In case work shall not be done or completed within the time specified in any permit and no extension thereof has been granted, a new permit shall be applied for and all applicable fees will be charged. (Ord. 2314 § 2 (part), 2010) § 14.12.120. Time Limit. No permit issued under the provisions of TMC Chapter 14.12 shall be valid for a longer period than that specified in the permit, but the same may be renewed or extended at the reasonable discretion of the Director upon application therefor prior to the expiration of the time originally limited in the permit. (Ord. 2314 § 2 (part), 2010) § 14.12.130. Display of Permit. The permit from the Department required under the terms of TMC Chapter 14.12 must, at all times during the performance of the work and until the completion thereof, be posted in some conspicuous place at or near the work. (Ord. 2314 § 2 (part), 2010) § 14.12.140. Work Without a Permit. It shall be the duty of any police officer, in case he finds any person engaged in the work of breaking the ground for the purpose of making connections with the public sanitary sewer, to ascertain if such person has a permit from the Department to make such sanitary sewer connections, and in the event that such person has no permit for making such connections, it shall be the duty of such officer to immediately report the fact to the Director. (Ord. 2314 § 2 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.150 WATER AND SEWERS § 14.12.2 10 § 14.12.150. Description of Sanitary Side Sewers. All sanitary side sewers shall be laid on not less than 2% grade, nor more than two vertical to one foot horizontal; shall not be less than 30 inches from any building; shall have not less than 12 inches of cover inside the property line; and shall be not less than six inches in diameter from the main sanitary sewer to the property line. No storm drains, such as roof, patio or yard drains, shall be connected directly or indirectly to the sanitary sewers. Not more than one house shall be connected with a lateral sanitary sewer, except where such connection is made inside the property line and the owner or owners of such property shall make and file in the office of the City Clerk an easement for such purposes; except also, where connection is to an existing sanitary side sewer within a public street, and written permission from the owner or owners of the premises served by such sanitary side sewer has been filed with the Director. In the event that physical or other conditions render the enforcement of the above provisions impracticable, the Director may issue a special permit for the installation of a lateral or private sanitary sewer requiring compliance only with the above conditions, as far as practicable; but such special permit shall be issued only upon the condition that the permittee will save the City harmless from any damages by reason of such installation. (Ord. 2314 § 2 (part), 2010) § 14.12.170. Call for Inspection. Any person performing work under permit pursuant to the provisions of TMC Chapter 14.12 shall notify the Director when the work will be ready for inspection, and shall specify in such notice the location of the premises. If the inspector finds the work or material used is not in accordance with the provisions of TMC Chapter 14.12, he shall notify the person doing the work and also the owner of the premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection; and a copy of such notice shall be kept on file in the office of the Director. (Ord. 2314 § 2 (part), 2010) § 14.12.180. Inspection Before Trenches Filled. No trench shall be filled or any connecting sanitary sewer covered, until the work from the point where the same connects with the public sanitary sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected shall have been inspected and approved by or under the directions of the Director and until the same shall have been made in all respects to conform to the provisions of TMC Chapter 14.12. (Ord. 2314 § 2 (part), 2010) § 14.12.190. Inspector's Right of Entry. For the purpose of examining any or all private sanitary sewers or drains and of ascertaining whether the provisions of TMC Chapter 14.12 are being complied with, the Director or his duly authorized representatives or agents shall, upon the issuance of a search warrant or in any emergency or when consent has been given, at all reasonable times have the right to enter and inspect such buildings; and it is unlawful for any person to prevent or attempt to prevent any entrance or inspection, or to obstruct or interfere with any such officer while engaged in such an inspection. (Ord. 2314 § 2 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.210 TUKWILA CODE § 14.12.260 § 14.12.210. Improper Work — Completion by City. If any work done in pursuance of a permit granted, as prescribed in TMC Chapter 14.12, is not constructed and completed in accordance with the provisions of TMC Chapter 14.12 and the plans and specifications as approved by the Director, and if the contractor or person doing the work refuses to properly construct and complete the work, notice of the failure or refusal shall be given to the owner of the property, for whom the work is being done, as provided in TMC Chapter 14.12; and the Director shall cause the work to be completed and the sewer connected in the proper manner, and the full cost of the work and any materials necessary therefor shall be charged and become a lien against the property, and shall be collected in the manner provided in TMC Chapter 14.12. (Ord. 2314 § 2 (part), 2010) § 14.12.220. Obstructed or Broken Sewer Repair. Whenever any private sewer connected with any public sanitary sewer becomes obstructed, broken or out of order, and if the owner, agent or occupant of the premises fails to repair the same after five days when notified to do so by the Director, the Director is authorized to remove, reconstruct, replace, alter or clear the same as he may deem expedient, at the expense of the owner, agent or occupant of the premises; and when two or more houses or buildings are connected with the same private sanitary sewer, the owners, agents or occupants shall be jointly and equally liable for any work done by the City supervisor under TMC Section 14.12.220. (Ord. 2314 § 2 (part), 2010) § 14.12.230. Injury to Public Sewers and Drains. It is unlawful for any person to injure, break, remove or alter any portion of any manhole, clean- out, flush tank, or any part of the public sanitary sewers or drains of the City. (Ord. 2314 § 2 (part), 2010) § 14.12.240. Depositing Rubbish in Public Sewers and Drains. It is unlawful for any person to deposit in any manhole, clean-out, flush tank, sanitary sewer opening, drain, ditch, or natural water course any garbage, rubbish, dead animals or any substance that will obstruct, or have a tendency to obstruct, the flow of any sanitary sewer, drain, ditch or natural water course. (Ord. 2314 § 2 (part), 2010) § 14.12.250. Exhaust Steam and Hot Water. No steam exhaust or blow -off, or any heated water higher than 150° Fahrenheit shall be discharged into a sanitary sewer. (Ord. 2314 § 2 (part), 2010) § 14.12.260. Unlawful Discharge of Prohibited Foreign Substance into Public Sewer. A. It is unlawful to discharge or cause to be discharged into any sewer any waste which may have an adverse or harmful effect on the sanitary sewer system, public treatment works, its personnel or equipment. None of the following waters or wastes shall be discharged into the public sanitary sewer: Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.260 WATER AND SEWERS § 14.12.270 Polar and non -polar fats, oils, or grease (FOG) in amounts that exceed King County wastewater division standards or cause a visible sheen on the discharge or in the public sewer system or build-up of grease in any public sewer facility or which accumulations either alone or in combination with other discharges cause obstructions of the public sewer system; 2. Any gasoline, benzene, fuel oil, or other flammable or explosive liquid, solid, or gas; Food waste or animal parts, including food -grinder waste, that cannot pass through a one-quarter inch sieve; 4. Any ashes, cinders, sand, gravel, mud, straw, grass, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works; Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel; Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the treatment plant; Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; 8. Any noxious or malodorous substance capable of creating a public nuisance. (Ord. 2314 § 2 (part), 2010) § 14.12.263. Pretreatment Facilities. A. All such prohibited substances identified in TMC Section 14.12.260 shall be intercepted by an adequate and suitable separation device or interceptor, installed in such a manner that allows the safe and convenient removal of the waste product or other prohibited substances, materials or liquid as identified in TMC Section 14.12.260, which shall not flow or be discharged into the sanitary sewer system. All such interceptors shall be of design, construction and capacity as shall be approved by the City Engineer. The grease interceptor shall be adequately maintained and readily accessible for inspection by the City at any time to ensure its proper operation. B. Any violation of this section is subject to the terms specified in "Enforcement" as set forth in TMC Section 14.12.265. (Ord. 2314 § 2 (part), 2010) § 14.12.265. Unlawful Discharge — Enforcement. All violations of TMC Section 14.12.260 shall be considered civil infractions, and are subject to the actions and penalties set forth in TMC Chapter 8.45. (Ord. 2314 § 2 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.270 TUKWILA CODE § 14.12.3 10 § 14.12.270. Discharge of Surface or Subsurface Drainage. It is unlawful to discharge surface or subsurface drainage into any portion of the sanitary sewer system. (Ord. 2314 § 2 (part), 2010) § 14.12.280. Trees and Shrubbery Obstructing Sewers. It is unlawful to plant poplar, cottonwood, soft maple, gum, or any other tree or any shrub whose roots are likely to obstruct public or private sanitary sewers, within 30 feet of any public or private sewer or drainpipe. The Director is authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs that extend into any public street, when said trees or the roots thereof are obstructing, or when he determines they are liable to obstruct, public or private sanitary sewers or drains; provided, however, that he shall give ten days notice in writing to the owner or occupant of the abutting property to remove the same; and if the owner or occupant fails refuses so to do so, the reasonable cost of removal when done by the Director shall be a charge against, and a lien upon, the abutting property from which such trees or shrubs are removed, and the Director is authorized and directed to collect such charge by suit maintained in the name of the City as plaintiff, against the owner, in any court of competent jurisdiction. (Ord. 2314 § 2 (part), 2010) § 14.12.290. Non-compliance — Notice — Remedy. When any sanitary sewer is constructed, laid, connected or repaired, and does not comply with the provisions of TMC Chapter 14.12, or where it is determined by the Director that a sanitary side sewer is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, the Director shall give notice to the owner, agent or occupant of the property in which such condition exists, of such condition; and if he refuses to construct, relay, reconstruct or remove the obstruction of said sanitary side sewer within the time specified in such notice, the Director may perform such work as may be necessary to comply with TMC Chapter 14.12, and the cost of such work as done by the Director shall be assessed against the property or collected from the person responsible for the condition, and the amount thereof shall become a lien upon the property, and the City Attorney is authorized, empowered and directed to collect such cost, either by the foreclosure of the lien or by a suit against the owner or occupant of the property, or other person responsible for such condition, which suit shall be maintained in the name of the City as plaintiff, in any court of competent jurisdiction. (Ord. 2314 § 2 (part), 2010) § 14.12.300. Regulation Authority. The Director may make and issue such rules and regulations as may be expedient and necessary to carry out the provisions of TMC Chapter 14.12. (Ord. 2314 § 2 (part), 2010) § 14.12.310. Lien — Collection — Notice. A. Whenever any sum of money is to be charged as a lien upon the particular property upon which work shall be done by any department of the City under the terms and provisions of TMC Chapter 14.12, the manner and method of collecting said amounts shall be substantially as follows: Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.12.3 10 WATER AND SEWERS § 14.12.3 10 The owner or agent of the property shall be given a notice in writing by the Department that said owner or agent is required to do the particular work at the expense of the property owner. The notice shall be in substantially the following form: To , Owner, and , Agent, of that certain property described as Lot in Block , Addition to the City of Tukwila, King County, Washington: You are hereby notified to perform the following work upon the above described property within ten (10) days of the date of the service of this notice upon you, viz.: . And you are further notified that if you do not perform said work within said period of ten (10) days, then the City of Tukwila will perform the same and charge the amount of said work against said property, and will proceed to collect the same according to law. The City Of Tukwila By: Director B. A copy of this notice shall be posted upon the property affected, and a further copy shall be mailed to the agent or owner at his last known address. In case the agent or owner fails to perform the work within ten days, after the notice shall have been mailed and posted, then the work shall be done by the proper department of the City; and as soon as practicable after the work is performed, the owner or agent shall be notified in the same manner as provided in TMC Chapter 14.12, that the work has been done by the City, and of the amount of the charge for doing the work and shall require either to pay to the Finance Department said amount, within 30 days after the date of the posting and mailing of the notice, or to file with the City Council objections in writing against said charge. The form of notice just provided for shall be substantially as follows: To , Owner, and , Agent, of that certain property described as Lot , in Block , Addition to the City of Tukwila, King County, Washington: You are hereby notified that pursuant to a former notice given you upon the day of , 20 , that the City of Tukwila has performed the work required to be done pursuant to the said former notice, and that the cost and expense of doing said work is the sum of dollars. You are further notified that unless you pay said amount to the City treasurer, or file objections against said amount within thirty (30) days of the date of service of this notice upon you, the same shall be a lien against the above described real property and will be collected by the City of Tukwila according to law. The City Of Tukwila By: Director C. The City Council shall at its next regular meeting after the filing of any objections or as soon thereafter as may be convenient, hear the same. At such hearing, the Council may take any action in the matter as may seem just. After said hearing, or after the expiration of the 30 -day period hereinbefore provided for when no objection is filed, the amount thereof shall become a lien against the property upon which the work was performed, and the City Attorney is authorized to proceed to collect the amount in any lawful manner. (Ord. 2314 § 2 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.010 WATER AND SEWERS § 14.16.020 CHAPTER 14.16 SEWER CHARGES § 14.16.010. Definitions. A. "Commercial and industrial sewage service" means sewage collection and/or sewage disposal service, furnished or available to the use of premises used or engaged in the selling, manufacturing, processing, and/or dispensing of products or services, or otherwise catering to the public. B. "Dwelling unit" means a unit in an apartment house, rooming house, trailer court, motel, hotel, building or space for human habitation having plumbing facilities for preparation of food, washing dishes, etc., and/or for bathing, and for toilet purposes, for the exclusive use of the individual or individuals occupying the dwelling unit. C. "Multiple dwelling (permanent type) sewage service" means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for renting of apartments, rooms, other dwelling units with water connections, providing for human habitation on a permanent basis. D. "Multiple dwelling (transient type) sewage service" means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for renting of motels, hotels, trailer space, and any other building or space providing for human habitation on a transient basis. E. "Multiple tenant commercial and/or industrial unit sewage service" means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for renting, leasing, subleasing or sale to more than one tenant within a single structure for the purpose of retail or wholesale sales, commercial or industrial use for the manufacture, processing, assembly, disassembly or other related use of similar nature. F. "Recipient of service." All property owners within the City, within the area served by the sewerage system of the City, are hereby required and shall be compelled to connect their private drains and sewers with the sewerage system of the City; and it is unlawful for any property owner to fail or refuse to make such connections. G. "Residential sewage service" means sewage collection and/or sewage disposal furnished or available to the use of premises used primarily for human habitation, excluding those premises used for the renting of rooms, apartments, and trailer space. H. "Sanitary side sewer" means a sanitary sewer laid generally perpendicularly from a main sanitary sewer in a public right-of-way to the property line of the property to be served by the sewage collection and/or sewer disposal service. I. "School sewage service" means sewage collection and/or sewage disposal service furnished or available to the use of premises used for public and/or private schools. J. "Sewage collection system" means the collection and carrying of sewage through the City's system of sanitary sewers. K. "Sewage disposal service" means the disposition of sewage by purification in a sewage treatment plant. (Ord. 2314 § 3 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.020 WATER AND SEWERS § 14.16.030 § 14.16.020. Date of Commencement and Payment for Service Charges. Charges shall be made for all sewage collection service and/or sewage disposal service furnished, or available for use, from November 30, 1961. All sewer charges and related fees shall be due and payable on the first day of each and every month for the sewer and services provided during the previous month and shall be paid to the Finance Department. All bills will become delinquent on the eleventh day of the following month. (Ord. 2314 § 3 (part), 2010) § 14.16.030. Schedule of Charges. Rates and charges for sewer service furnished and available for use shall be paid by the owner of the property and shall be as follows: 1. Residential Sewage Service (Single Dwelling Unit). A flat monthly rate for each single-family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately -billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of sewer service charges. Every such person shall file with the Finance Department their affidavit that they are qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. 2. Residential Sewage Service (Multiple Dwelling Unit, Permanent Type). A flat monthly rate for each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 3. School Sewage Service. The rate shall be the commercial/industrial sewage rate. 4. Commercial and Industrial Sewage Service. Each account will be charged a flat monthly rate in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. In addition, the charge for sewage service on premises using more than 750 cubic feet of water per month shall be at the rate per 750 cubic feet, in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 5. Payment of Charges. Interest will be charged on delinquent balances 30 days in arrears in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council. All balances Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.030 TUKWILA CODE § 14.16.065 will become delinquent on the eleventh day of the month following the month that the sewer service was provided. (Ord. 2314 § 3 (part), 2010) § 14.16.040. Special Rates. A. Nothing herein shall be construed to prevent the charging of special rates under agreement between the City and commercial and/or industrial recipient. B. For the properties complying with TMC Section 14.16.040, the charges for sewer services outside the corporate limits of the City shall be the same as those charged within the City, provided that the parties seeking the service shall have paid for the construction of their sewer by a Local Improvement District or by and at their sole expense in accordance with applicable ordinances, regulations, specifications and comprehensive sewage plans of the City. Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer. C. For those properties outside the City corporate limits requesting sewer service who do not comply with the provisions of TMC Section 14.16.040B, the charges for sewer service shall be two times the amount chargeable under TMC Section 14.16.030, if the service was provided within the corporate limits of the City. Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer. D. The connection of service outside the City limits shall be solely at the discretion of the City Council. (Ord. 2314 § 3 (part), 2010) § 14.16.050. Responsibility of Owner to Pay. All accounts for sewer shall be the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant or third -party paying agents. A fee will be charged for the administrative cost of updating the utility records for changes in owners, tenants, and/or third party paying agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2314 § 3 (part), 2010) § 14.16.060. City/King County Agreement Charges. In addition to those charges set forth in TMC Section 14.16.030, there shall be charged each month those charges as set forth and defined in Section 5 of the Tukwila/King County agreement as adopted by Ordinance 461. King County in this context refers to King County Department of Natural Resources and Parks, Wastewater Treatment Division. (Ord. 2314 § 3 (part), 2010) § 14.16.065. City/King County Wastewater Treatment Rate. A. Regular Rate. The City/King County charges as provided in TMC Section 14.16.060 and as required by the Agreement for Sewage Disposal between King County and the City of Tukwila is set Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.065 WATER AND SEWERS § 14.16.074 at the most current King County rate per month per residential customer and per residential customer equivalent as now defined or hereafter amended in the agreement for sewage disposal between King County and the City of Tukwila. Reduced Rate. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of the City/King County charge. Every such person shall file with the Finance Department their affidavit that they are qualified to receive the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. (Ord. 2314 § 3 (part), 2010) § 14.16.070. Regular Connection Charge. In addition to the permit fees required by TMC Chapter 14.16, the property owner seeking connection to the sewerage system of the City, in order that such property owner shall bear his equitable share of the cost of the City's entire sewer system, shall pay, prior to connection to a City sewer, a regular connection charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2314 § 3 (part), 2010) § 14.16.072. Special Connection Charge — Payment. In addition to the regular connection charge imposed under TMC Section 14.16.070, a special connection charge shall be paid by the owners of properties which have not been assessed or charged or borne an equitable share of the cost of the City sewerage system. Such charge shall be paid prior to connection to the City sewer and shall be in an amount to be computed under TMC Section 14.16.074. (Ord. 2314 § 3 (part), 2010) § 14.16.074. Special Connection Charge — Computation. The special connection charge imposed by TMC Section 14.16.072 shall be paid to the sewer fund and shall be computed as follows: For lateral sewers. The number of units of property furnished to be served by the sewer determined in the manner prescribed in RCW 35.44.030 and 35.44.040 for determining "assessable units of frontage" shall be multiplied by the average five-year local improvement assessment per unit of frontage for lateral sewers for the five-year period in which the property to be connected was constructed and accepted as completed, as follows: Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.074 TUKWILA CODE § 14.16.078 Year 1955-59 1960-64 1965-69 1970 Sewer Rate $5.26 $8.11 $10.97 $12.00 The lateral sewer charge shall be waived by the City providing the owner, developer or applicant constructs at his own expense a sanitary sewer to serve his property, and providing that the sewer is in compliance with the comprehensive sewage plan and specifications and requirements of the City. The City shall also waive the area or trunk sewer charge if the owner, developer or applicant constructs at his sole expense a sanitary sewer so as to serve other properties, and is over -sized to accept sewage generated from other properties, which properties are not contributing to the construction cost of the over - sizing. The construction shall be in accordance with the comprehensive sewage plan and specifications and requirements of the City. 2. For trunk sewers. The number of square feet of property area to be served by the sewer shall be multiplied by the average local improvement assessment per square foot for trunk sewers for the five-year period in which the trunk sewer to which the lateral sewer serving the property is to be connected was constructed and accepted, as follows: Year 1955-59 1960-64 1965-69 1970 Sewer Rate per .0160 .0195 .0200 .0200 Sq. Ft. Such special connection charge for property abutting on a street, in which a sewer can be constructed or extended to serve such property, shall be computed as if the sewer were so constructed or extended; and the special connection charge for property located back from the margin of the street in which the sewer exists and outside of the assessment district created therefor shall be made giving consideration to the distance of the property from the street margin. In no case shall credit be allowed for the cost of extra length of side sewer required for connection to the City's sewerage system. Provided, that in cases where application of the foregoing formula to a particular property results in a charge which because of unusual conditions is in excess of charges to similar properties, the Director with express approval of the City Council is authorized to reduce the special connection charge to the amount charged to properties similarly situated. (Ord. 2314 § 3 (part), 2010) § 14.16.076. Special Connection Charge — Inclusion of Property in Local Improvement District — Credit. If the property for which a special connection charge has been paid is subsequently included in a Local Improvement District for the construction of sewers of a similar nature, the amount so paid shall be credited to the assessment against such property, and such amount shall be paid from the sewer fund to such Local Improvement District fund. (Ord. 2314 § 3 (part), 2010) § 14.16.078. Side Sewer Stub Installation. If the side sewer stub has not been installed to the property line where the property owner elects to connect, it shall be his responsibility to acquire the necessary permits and bear the cost of all necessary construction to provide the required side sewer stub connection to the sanitary sewer. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.16.078 WATER AND SEWERS § 14.16.110 Any property served by the sewer stub connection that has been installed, but which was never assessed nor paid for, shall pay the charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council prior to connection to or for the stub. (Ord. 2314 § 3 (part), 2010) § 14.16.080. Conformance to Comprehensive Sewage Plan — Lateral and Trunk Sewer Dedication. No sewer shall be connected to the City system that does not conform to the comprehensive sewage plan. Prior to being accepted by the City and connected to the City sewer system, all lateral and trunk sewers shall be dedicated to the City pursuant to a developer's agreement or similar agreement satisfactory to the City. (Ord. 2314 § 3 (part), 2010) § 14.16.090. Lien for Unpaid Charges. The City shall have a lien against the property to which sewer service has been furnished for the delinquent and unpaid rates and charges therefor in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. All costs and fees of foreclosing the unpaid sewer costs shall be included in the charges to be paid. The City shall and is required to enforce said liens and foreclose the same in the manner provided by law. (Ord. 2314 § 3 (part), 2010) § 14.16.100. Police Power. It is declared to be necessary for the protection of the health of the people of Tukwila that all property within the City within the area served by said sewerage system be connected therewith, and TMC Chapter 14.16 is declared to be an exercise by the police power of the City. (Ord. 2314 § 3 (part), 2010) § 14.16.110. Penalty for Violation. Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 14.16, shall be subject to the terms and conditions of TMC Chapter 8.45 ("Enforcement"). (Ord. 2314 § 3 (part), 2010) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.010 WATER AND SEWERS § 14.17.010 CHAPTER 14.17 ALLENTOWN SEWER AND WATER CONNECTIONS § 14.17.010. Phase I Sewer Connection Charge. A. Allentown Phase I homes existing on September 1, 1996 will be required to connect to the sewer and pay associated connection charges, if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral and if. 1. Septic or health problems are identified by King County Health Department that require repair of the septic tank system, or; 2. The home changes ownership, or; 3. Remodeling occurs adding a bathroom or bedroom. B. Homes north of S. 124th St. on 43rd Ave. S. and on 44th Ave. S. existing on March 1, 1996 are exempt from connection charges as the sewer was constructed as part of the Metro project at no charge to the City or the property owners. C. Allentown sewer connection charges by year will be given a 10% reduction for connecting before January 31, 1998 to encourage early connections and the base fee of $7,278.00 will be increased $363.90 per year until 2006 in accord with RCW35.92.025: UNTIL CHARGE January 31, 1998 $6,550.20 January 31, 1999 $7,278.00 January 31, 2000 $7,641.90 January 31, 2001 $8,005.80 January 31, 2002 $8,369.70 January 31, 2003 $8,733.60 January 31, 2004 $9,097.50 January 31, 2005 $9,461.40 January 31, 2006 $9,825.30 January 31, 2007 $10,189.20 in accord with RCW 35.92.025 where it is capped at $10,189.20. D. Payment methods for Phase I sewer connection charges are: 10% reduction Base price C 1. Deferring connection fee or subsidizing low income applicants who qualify in accord with CDBG block grant requirements in effect at the time of application, 2. Connection charges for Phase I residences existing September 1, 1996 may pay the sewer connection charge on a time plan with their monthly bills. The monthly payment with an annual interest rate of 5% will be calculated for a 5-, 7-, 10-, 12-, or 15 -year term. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.010 WATER AND SEWERS § 14.17.020 3. Only existing individual single-family applicants are eligible for the payment plans. New homes constructed after September 1, 1996 are required to make full connection charge payment prior to building permit final construction approval for occupancy. Change of ownership requires payment in full of connection fees. Remodeling construction is required to pay connection fees prior to issuance of building permit unless home is on the payment plan which may be continued. 4. Monthly payments may be started prior to obtaining a sewer connection permit. 5. Monthly payments may be initiated as a payment method until January 31, 2001 for Phase I. E. Notice of sewer availability and connection requirements shall be placed on titles of properties within the Allentown area with sewer service. (Ord. 1777 § 1, 1996) § 14.17.020. Allentown and Ryan Hill Regular Water Connection Charges. A. Existing facilities connected to the water system will not be assessed a water connection fee. B. Allentown water connection fees for any new single-family connection increase $198.40 per year: UNTIL CHARGE January 31, 1998 $3.968.00 January 31, 1999 $3.968.00 January 31, 2000 $4,166.40 January 31, 2001 $4,364.80 January 31, 2002 $4,563.20 January 31, 2003 $4,761.60 January 31, 2004 $4,960.00 January 31, 2005 $5,158.40 January 31, 2006 $5,356.80 January 31, 2007 $5,555.20 in accord with RCW 35.92.025 where it is capped at $5,555.20. C. Ryan Hill water connection fees for any new single-family connection increase $207.30 per year: UNTIL CHARGE January 31, 1998 $4,146.40 January 31, 1999 $4,146.00 January 31, 2000 $4,353.30 Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.020 TUKWILA CODE UNTIL CHARGE January 31, 2001 $4,560.60 January 31, 2002 $4,767.90 January 31, 2003 $4,975.20 January 31, 2004 $5,182.50 January 31, 2005 $5,389.80 January 31, 2006 $5,597.10 January 31, 2007 $5,804.40 in accord with RCW 35.92.025 where it is capped at $5,804.40. (Ord. 1777 § 2, 1996) § 14.17.030. Phase I Service Area Boundaries. § 14.17.050 Allentown is bordered by the BNSF railroad on the east, the Duwamish River on the south and the west, and S. 115th St. on the north. Ryan Hill includes the area approximately bounded by S. 114th St., 51 st Ave. S., S. Ryan Way, and 47th Ave. S. Allentown is depicted on map, Figure 14-1 (attached to the ordinance codified herein as Exhibit A) and Ryan Hill on Figure 14-2 (Exhibit B); both maps are incorporated herein by this reference as if set forth in full.' (Ord. 1777 § 3, 1996) § 14.17.040. Funding Recovery Review. The successful implementation of later phases of the Sewer Plan for the seven residential areas is dependent on the repayment of general fund revenues from the connection fees. The City Council will review connection requirements, exemptions and other revenue recovery alternatives to insure that the sewer plan remains viable and adequately funded in 200 1. (Ord. 1777 § 4, 1996) § 14.17.050. Allentown Phase 2 and Foster Point Sewer Connection Charges. A. Allentown Phase 2 and Foster Point homes existing on September 1, 2007 will be required to connect to the sewer and pay associated connection charges if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral, and if: 1. Septic or health problems are identified by King County Health Department that require repair of the septic tank system, or; 2. The home changes ownership, or; 3. Remodeling occurs adding a bathroom or bedroom. B. Tukwila's Allentown Phase 2 and Foster Point sewer connection fee will start at $15,000 and increase by $600 (4% of $15,000) per year until 2017, in accordance with RCW 35.92.025: 1. Editor's Note: Figure 14-1 and Figure 14-2 are included as attachments to this title. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.050 Q WATER AND SEWERS UNTIL CHARGE December 31, 2008 $15,000.00 December 31, 2009 $15,600.00 December 31, 2010 $16,200.00 December 31, 2011 $16,800.00 December 31, 2012 $17,400.00 December 31, 2013 $18,000.00 December 31, 2014 $18,600.00 December 31, 2015 $19,200.00 December 31, 2016 $19,800.00 December 31, 2017 $20,400.00 § 14.17.050 The maximum Allentown Phase 2 and Foster Point sewer connection fee thereafter will be $20,400.00, in accordance with RCW 35.92.025. Payment options for Tukwila's Allentown Phase 2 and Foster Point sewer connection fees are as follows: Sewer connection fees for Allentown Phase 2 and Foster Point residences existing prior to September 1, 2007, may be deferred if applicants qualify as low-income households in accordance with City policies that are in effect at the time of application. The sewer connection fee will be placed as a lien on the property's title, and must be paid before there is a change of ownership. 2. Sewer connection fees for Allentown Phase 2 and Foster Point residences existing prior to September 1, 2007, may be paid on a time plan, included with their monthly water bills. The monthly payment, with an annual interest rate of 4%, will be calculated for a 5 -year, 10 -year, or 15 -year term. Only existing individual single- family applicants are eligible for the payment plans. 3. New homes constructed after September 1, 2007 are required to make full sewer connection fee payment before issuance of the City of Tukwila's building permit. New homes are also required to pay in full the current fee set for the King County Sewer capacity charge, and bring proof of payment to the City's Permit Center prior to the Public Work's final inspection approval. 4. Change of ownership requires payment in full of the sewer connection fees. Remodeling construction is required to pay sewer connection fees prior to issuance of building permit unless home is on the payment plan, which may be continued. 5. Monthly payments may be started prior to obtaining a sewer connection permit. 6. Monthly payments may be initiated as a payment method until December 31, 2017 for Allentown Phase 2 and Foster Point. After December 31, 2017, the sewer connection fee must be paid in full. Notice of sewer availability and connection requirements shall be placed on titles of Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.050 TUKWILA CODE § 14.17.080 properties within Tukwila's Allentown Phase 2 and Foster Point area with sewer service. (Ord. 2177 § 1, 2007) § 14.17.060. Allentown Phase 2 and Foster Point Sewer Connection Charges. A. Residences existing prior to September 1, 2007 and connected to the water system will not be assessed a water connection fee. B. New homes constructed after September 1, 2007 are required to make full water connection fee payment upon issuance of the building permit. C. Tukwila's Allentown Phase 2 and Foster Point water connection fees will start at $8,247.13 for any new single-family water connection, and will increase by $329.88 (4% of $8,247.13) per year until 2017, in accordance with RCW 35.92.025: UNTIL CHARGE December 31, 2008 $8,247.13 December 31, 2009 $8,577.01 December 31, 2010 $8,906.89 December 31, 2011 $9,236.77 December 31, 2012 $9,566.65 December 31, 2013 $9,896.53 December 31, 2014 $10,226.41 December 31, 2015 $10,556.29 December 31, 2016 $10,886.17 December 31, 2017 $11,216.05 The maximum Allentown Phase 2 and Foster Point water connection fee thereafter will be $11,216.05, in accordance with RCW 35.92.025. (Ord. 2177 § 2, 2007) § 14.17.070. Phase 2 Service Area Boundaries. Allentown is bordered by the BNSF railroad on the east, the Duwamish River on the south and the west, and South 115th Street on the north. Foster Point is bordered by South 130th Place to the east, the Duwamish River on the south and the north, and includes 56th Avenue South, 57th Avenue South, South 133rd Street and Pamela Drive. The areas are shown on the attachment to this ordinance, and incorporated herein by this reference as if set forth in full. (Ord. 2177 § 3, 2007) § 14.17.080. Funding Recovery Review. The successful implementation of later phases of the Sewer Plan for the four residential areas is dependent on the repayment of general fund revenues from the connection fees. The City Council will review connection requirements, exemptions and other revenue recovery alternatives to insure that the sewer plan remains viable and adequately funded. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.17.080 WATER AND SEWERS § 14.17.080 (Ord. 2177 § 4, 2007) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.18.010 WATER AND SEWERS § 14.18.030 CHAPTER 14.18 DUWAMISH SEWER AND WATER CONNECTIONS § 14.18.010. Sewer Connection Requirements. Duwamish area homes — as spelled out by TMC Section 14.18.020, existing on November 30, 2002 will be required to connect to the sewer and pay the associated connection charges, if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral, and if. 1. Septic or health problems are identified by King County Health Department that require repair of the septic tank system, or; 2. The home changes ownership, or; 3. Remodeling occurs, adding a bathroom or bedroom. (Ord. 2007 § 1, 2002) § 14.18.020. Sewer Service Area Boundaries. The Duwamish service area is bordered by the Duwamish River on the north and the east; East Marginal Way South on the west; and Interurban Avenue South on the south, as shown on Figure 14-3.Z (Ord. 2007 § 2, 2002) § 14.18.030. Regular Water Connection Charges. A. Existing facilities in the Duwamish neighborhood which are connected to the water system on the effective date of this ordinance will not be assessed a water connection fee. B. Water connection for any new single-family connection in the Duwamish neighborhood will be assessed the following fees, which reflect a I% increase per year in accordance with RCW 35.92.025: UNTIL CHARGE January 31, 2006 3,975.44 January 31, 2007 4,015.19 January 31, 2008 4,055.34 January 31, 2009 4,095.89 January 31, 2010 4,136.84 January 31, 2011 4,178.20 January 31, 2012 4,219.98 January 31, 2013 4,262.17 January 31, 2014 4,304.79 January 31, 2015 4,347.83 2. Editor's Note: Figure 14-3 is included as an attachment to this title. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.18.030 WATER AND SEWERS § 14.18.040 C. The applicable water connection charge shall be paid before the City gives any final building permit approval. (Ord. 2058 § 1, 2004) § 14.18.040. Water Service Area Boundaries. The Duwamish service area is bordered by the Duwamish River on the north and the east; East Marginal Way South on the west; and Interurban Avenue South on the south, as shown on Figure 14-3.3 (Ord. 2058 § 2, 2004) 3. Editor's Note: Figure 14-3 is included as an attachment to this title. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.19.010 WATER AND SEWERS § 14.19.030 CHAPTER 14.19 TUKWILA SOUTH AND ORILLIA ROAD SEWER CONNECTIONS § 14.19.010. Sewer Connection Requirements and Fees. A. Homes on Orillia Road existing on July 1, 2013 will be required to connect to the sewer and pay associated connection charges if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral and if: Septic tank or health problems are identified by the King County Health Department that require repair of the septic tank system; or 2. The home changes ownership; or Remodeling occurs adding a bathroom or bedroom. B. Parcels within the service area boundary will be required to connect to the sanitary sewer system and pay in full associated sewer connection charges before issuance of the City of Tukwila's building permit for the specific development. C. Change of ownership requires payment in full of the sewer connection fees. D. The Tukwila South and Orillia Road sewer connection fees will equal $0.056530 per square foot of total property that is connected to the sanitary sewer system based on King County records. E. Notice of sewer availability and connection requirements shall be placed on titles of properties within the Tukwila South and Orillia Road sewer service area. King County recording fees will also be paid in full with the sewer connection fees. (Ord. 2441 § 2, 2014; Ord. 2760, 5/7/2025) § 14.19.020. Service Area Boundaries. A. The sewer service boundary area is generally the north margin of South 204th Street; the area west of the Green River and Segale Business Park; the east margin of Orillia Road, Interstate I-5 and the City SeaTac; and the south margin of South 180th Street. Also included are adjacent tax parcels 023900-0300, 023900-0310, 023900-0247, 0239000365, and 023900-0320 along Orillia Road. A map of the service area is shown in Figure 14-7.4 B. Excluded from connection fees are areas recorded as Sensitive Area Tracts, Exceptions, Reserve Drainage Tracts, Open Space Tracts and Not Buildable Tracts. (Ord. 2441 § 3, 2014; Ord. 2760, 5/7/2025) § 14.19.030. Funding Recovery Review. The successful implementation of later phases of the sanitary sewer installation for the City is dependent on the repayment of sewer fund revenues from the sewer connection fees. The City Council will review connection requirements, exemptions and other revenue recovery alternatives to ensure the sewer plan remains viable and adequately funded. (Ord. 2441 § 4, 2014) 4. Editor's Note: Figure 14-7 is included as an attachment to this title. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.20.010 WATER AND SEWERS § 14.20.020 CHAPTER 14.20 COMPREHENSIVE SEWER PLAN § 14.20.010. Adopted. "Exhibit 1" of the ordinance codified herein and described as the "Comprehensive Sewer Plan for the City of Tukwila, Washington, August, 1970" is incorporated by reference, and adopted and ordained as the comprehensive sewer plan for the City. (Ord. 646 § 1, 1970) § 14.20.020. Copies on File. Not less than three copies of the comprehensive sewer plan have been and shall hereafter remain on file for use in examination by the public in the office of the City Clerk. (Ord. 646 § 2, 1970) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.24.010 WATER AND SEWERS § 14.24.030 CHAPTER 14.24 FIRE HYDRANTS § 14.24.010. Applicability of Provisions. All fire hydrants installed within the corporate limits of the City of Tukwila shall meet or exceed the specifications and standards set out in TMC Chapter 14.24. (Ord. 1692 (part), 1994) § 14.24.020. Type. Hydrants shall conform to American Water Works Association Specifications C502-54; shall be compression type and shall have a two-piece breaking flange with breaking thimble at the ground line or stem; and shall have a self -oiling dry bonnet with factory -filled reservoir holding approximately 8 ounces of oil. Oil reservoir shall have not less than two "O" ring seals. Oil reservoir shall be so designed as to give a complete lubrication of stems each time the hydrant is operated. The upper stem shall have a brass sleeve. 2 3 4 Hydrants shall be equipped with two 2-1/2" NST hose ports and one 5" Stortz pumper discharge port, and shall have a 1-1/4" Pentagon open -lift operating nut. Hydrants shall have a 6" MJ bottom connection and a 5-1/4" main valve opening, and shall have 18" above -grade level to the center of the pumper discharge port. Hydrant color is to be "Rustoleum" #659 Yellow Gloss or Farwest #X-3472 Case Yellow. The bonnets and ports of City hydrants shall be painted: Red for up to 500 gpm Orange for 500 to 1,000 gpm Green for more than 1,000 gpm Private hydrants shall be all yellow. Rustoleum #1210, Farwest #X-6270, or equivalent Rustoleum #559, Farwest #261, or equivalent Rustoleum #935, Farwest #255, or equivalent 5. Any exception to stated paint standards must be authorized by the Director of Public Works. 6. Hydrants are to be compression -type, equal to Mueller #A-423 or Mueller #A-419. (Ord. 2052 § l (part), 2004) § 14.24.030. Installation. A. Hydrants shall not be closer than 4 feet to any fixed object (e.g., fences, parking, building, etc.), with the exception of hydrant guard posts. The 4 -foot circumference will be a level surface. Grade changes in excess of 30 inches shall have a 42 -inch railing installed. Guard Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.24.030 WATER AND SEWERS § 14.24.050 posts shall be installed around hydrants not protected by curbs, so as to help prevent motor vehicles from contacting the hydrant. The guard posts shall be either steel pipe (minimum 4" diameter) filled with concrete, or concrete (minimum 8" diameter). Posts shall be 3 feet from the center of the hydrant, and shall not be in direct line with any discharge ports. Posts shall be 6 feet long; 3 to 3-1/2 feet shall be buried. Painted finish shall be the same color as for the applicable hydrants. B. All hydrants shall be installed with an auxiliary gate valve between the hydrant main valve and the water main. The gate valve shall be UL approved and have a 2" square operating nut. The valve shall be installed at the hydrant lateral tee. If the hydrant is greater than 10 feet from the main, an additional valve may be required, but not closer than 3 feet from the hydrant. The protector cover for the valve shall be left in plain view, flush with grade after landscaping or paving. C. Hydrants, auxiliary gate valves, and supply lines shall be installed to meet sound engineering standards per NFPA #24, Chapters 5, 6 and 7. (Ord. 2052 § l (part), 2004) § 14.24.040. Coverage. A. Except as otherwise provided herein for single-family short plat and individual single- family homes, all commercial, single-family subdivision and multi -family development, including approved conditional uses, shall have hydrants spaced so that a hydrant is no more than 150 feet by line of vehicular travel from a building and that no point around the perimeter of any building is more than 300 feet from a hydrant. Hydrants on water mains within the City shall be spaced no more than 300 feet apart. B. For short plat development (four single-family homes or less) and individual single-family homes that do not otherwise meet the 150 -foot requirement of TMC Section 14.24.040A, hydrants shall be placed so that a hydrant is no more than 250 feet by line of vehicular travel to the nearest point of the building, provided that: The property owner shall sign an agreement, on a form prepared by the Director of Public Works, which form shall include an agreement not to protest the formation of any LID or ULID, to participate in future water system improvements to correct deficiencies that have been identified in the applicable Water Comprehensive Plan and/or an engineering analysis of the development. Examples of deficiencies include, but are not limited to, failure to meet Tukwila pipe size standards, minimum flow rate (gpm) and residual pressure (psi) from DOH, fire code or insurance underwriters (whichever is more stringent), and flow velocity as determined by the applicable comprehensive plan (Water District No. 75, Water District No. 125, Renton, etc.) and engineering analysis; and 2. The hydrant flows a minimum of 1,000 gallons per minute with 20 psi residual pressure. C. When geographical or construction features prevent the placing of water mains and/or hydrants, the Fire Prevention Bureau may authorize in writing the use of approved "wall hydrants" or similar devices. (Ord. 2052 § l (part), 2004) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.24.050 TUKWILA CODE § 14.24.080 § 14.24.050. Accessibility. A. Hydrants and guard posts shall be in plain view for a distance of 50 feet in the line of vehicular approach, free from shrubs, trees, fences, landscaping and similar obstruction. B. The 5" Stortz pumper discharge port shall face the street or, in the case of private hydrants, the direction shall be determined by the Fire Department. All hydrants shall have a Type 2 RPM blue raised pavement marker, reflective on two sides, located as approved by the Fire Marshall. C. Hydrant supply lines shall be of such size and design as to provide the fire flow required by Appendix B of the International Fire Code, Fire Flow Requirements for Buildings, and the City's comprehensive water design standards. D. Tapping into City water mains shall be by the process known as "wet tapping" so as to allow uninterrupted service on those mains. (Ord. 2052 § I(part), 2004; Ord. 2132 § 1, 2006) § 14.24.060. Exceptions. Any exceptions to items covered in TMC Chapter 14.24 shall be made in writing by the Chief of the Fire Department and the officer in charge of the Fire Prevention Bureau of the Tukwila Fire Department, and must conform to the City's Public Works' standards and/or the City's Comprehensive Water Plan. Any written exception shall set forth the basis for the exception and its relationship to public health, safety or avoidance of undue hardship. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. (Ord. 2052 § 1(part), 2004; Ord. 2132 § 2, 2006) § 14.24.070. Re -inspection Fees for New Construction, Tenant Improvements, and Spot Inspections. When an inspection is requested for new construction, tenant improvements or spot inspections, and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow-up inspection will be required, and a re -inspection fee of $80 will be assessed. (Ord. 2132 § 3, 2006; Ord. 2169 § 1, 2007) § 14.24.080. Violations—Penalties. Any person who shall violate any of the provisions of TMC Chapter 14.24, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.24.080 WATER AND SEWERS § 14.24.090 and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 2132 § 4, 2006) § 14.24.090. Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. (Ord. 2132 § 5, 2006) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.28.010 WATER AND SEWERS § 14.28.040 CHAPTER 14.28 STORM AND SURFACE WATER UTILITY § 14.28.010. Creation of Storm and Surface Water Utility. A. There is created and established a storm and surface water utility of the City, which shall administer the City's storm and surface water management program and shall be known as the "City of Tukwila, Washington Storm and Surface Water Utility" ("the utility"). B. The City shall exercise, through the utility, where possible, all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of the storm and surface water public utility created by TMC Section 14.28.010 as the same may hereafter be added to, bettered or extended within or without the present and future limits of the City; including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof, to purchase and condemn property on behalf of the utility, to regulate actions taken with respect to public and private property which affect the flow of storm and surface water and the use of storm and surface water facilities, and to alter and amend the plan adopted in TMC Section 14.28.030 as necessary to implement the policies of the City pertaining to storm and surface water. (See TMC Chapter 14.30) (Ord. 1523 § 1, 1989) § 14.28.020. Administrator of Utility. The Director of Public Works or that official designated by the Mayor shall be administrator of the utility and shall report directly to the Mayor. (Ord. 1523 § 2, 1989) § 14.28.030. Adoption of Storm and Surface Water Utility Plan. The City Council hereby approves and adopts as the original system or plan of the storm and surface water utility that report entitled "City of Tukwila Storm and Surface Water Utility Plan" dated May 23, 1989, on file with the City Clerk and City engineer and incorporated in TMC Chapter 14.28 by this reference as though set forth herein. This original system or plan shall include all properties, interests, and physical and intangible rights of every kind or nature owned or held by the City, however acquired, insofar as they relate to or concern storm or surface water, further including without limitations all such properties, interests and rights acquired by adverse possession or by prescription, directly or through another, in and to the movement, drainage or storage, or any or all of these, of storm or surface waters, or both, through, under or over land, landforms, watercourses, sloughs, streams, ponds, lakes and swamps; all beginning, in each case or instance, at a point where storm or surface waters first enter the storm or surface water system of the City and ending in each case or instance at a point where such storm or surface waters exit from the storm or surface water system of the City, and in width to the full extent of inundation caused by storm or flood conditions. Such plan includes various improvements and betterments of the existing facilities and extensions thereof as are described therein. (Ord. 1523 § 3, 1989) § 14.28.040. Property Transferred to Utility. The City Council expressly finds that the above-described system and plan of storm surface Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.28.040 WATER AND SEWERS § 14.28.060 water properties, interests and physical intangible rights transferred to the utility is equal to the value of release from primary responsibility therefor insofar as it relates to or concerns storm or surface waters within the City; and accordingly, all of the above-mentioned facilities for purposes of RCW 43.09.210 are transferred to and subject to the administration of the utility created by TMC Chapter 14.28, and all other institutions and departments of the City having responsibility therefor are, to the same extent, released from such primary responsibility. (Ord. 1523 § 4, 1989) § 14.28.050. Storm and Surface Water Utility Fund. A. There is created a fund which shall be known as the "storm and surface water utility fund." All revenues, assessments and other charges collected by the utility, or otherwise received for storm and surface water purposes or attributable to the operation and maintenance of the utility, and all loans to or grants or funds received for its construction, improvement and operation, shall be deposited in the storm and surface water utility fund. All disbursements for costs of planning, construction, acquiring, maintaining, operating and improving the utility facilities, whether such facilities are natural, constructed or both, and administering the utility, shall be made from the storm and surface water utility fund. B. The City may create, at such time or times as it deems appropriate, any other funds necessary to the administration of the storm and surface water utility, and may designate the revenues to be placed therein and the purpose or purposes of such funds which may be the same as one, some or all of the purposes designated in TMC Section 14.28.050 as the purposes of the storm and surface water utility fund created herein, and such purposes shall then be transferred to such newly created fund. (Ord. 1523 § 5, 1989) § 14.28.060. Authority to Establish Rates and Charges. A. The City has authority to establish, by ordinance of the City Council, rate classifications, services charges, system development charges, inspection and permitting fees, application and connection fees and such other fees and charges necessary and sufficient in the opinion of the City Council to pay for the following: The costs, including debt service and related financing expenses, of the construction, reconstruction and improvement of storm and surface water facilities necessary and required for the handling of storm and surface waters within the service area, but not presently in existence; The operation, repair, maintenance, improvement, replacement and reconstruction of storm and surface water facilities within the service area which presently exist; The purchase of a fee or lesser interest, including easements, in land which may be necessary for the storm and surface water system in the service area including, but not limited to, land necessary for the installation and construction of storm and surface water facilities and all other facilities, including retention and detention facilities, which are reasonably required for proper and adequate handling of storm and surface waters within the service area; 4. The costs of monitoring, inspection, enforcement and administration of the utility including, but not limited to, water quality surveillance, private maintenance Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.28.060 TUKWILA CODE § 14.28.080 inspection, construction inspection and other activities which are reasonably required for the proper and adequate implementation of the City's storm and surface water policies; and The construction and subsequent maintenance of those future facilities as required by the storm and surface water plan adopted in TMC Section 14.28.030, as it shall be amended from time to time. B. The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the costs of accounting, management and government thereof incurred on behalf of the utility. (Ord. 1523 § 6, 1989) § 14.28.070. Limitation of Liability. TMC Chapter 14.28, any storm and surface water code to be adopted by the City Council to implement TMC Chapter 14.28, and any guidelines, rules, standards, specifications, requirements, regulations and procedures established pursuant to any section of such code are intended to provide the authority and processes to achieve cost-effective storm and surface water management in normal conditions, including periods and events of precipitation common to the Tukwila area. No City liability shall be inferred, implied or interpreted by the adoption and application of TMC Chapter 14.28, for damages which result from existing conditions or which occur subsequent to the date of the ordinance codified in TMC Chapter 14.28 during that period of time necessary for the City to study the storm and surface water system of the City, to diagnose the storm and surface water problems of the City, and to appropriate funds to alter the existing conditions in order to remedy certain storm and surface water problems as and in the order that the City determines to be most critical to the health and safety of the residents of the City as funds become available to remedy these problems. There shall be no liability associated with the utility's approval of any privately constructed portion of the storm and surface water system and/or privately maintained portion of the storm and surface water system, unless the City accepts the same as part of its publicly owned and/or maintained system. (Ord. 1523 § 7, 1989) § 14.28.080. Civil Penalties. A. The violation of or failure to comply with any order or requirement made in accordance with the provisions of TMC Chapter 14.28 is a civil violation. The provisions of TMC Chapter 8.45 shall be used to enforce TMC Chapter 14.28. B. It shall not be a defense to the prosecution for failure to obtain a permit required for TMC Chapter 14.28 that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work erroneously believed a permit had been issued to the property owner or any other person. (Ord. 1755 § 4 (part), 1995) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.010 WATER AND SEWERS § 14.30.010 CHAPTER 14.30 SURFACE WATER MANAGEMENT § 14.30.010. Authority. A. The Public Works Director shall administer and enforce the provisions of TMC Chapter 14.30. The Director's authority includes the establishment and publication of regulations and procedures to supplement and implement this Chapter, approval of permits and exceptions, and enforcement and implementation of measures necessary to carry out the intent of TMC Chapter 14.30. Such regulations and procedures shall be incorporated within Chapter 5 of the Public Works Development Guidelines and Infrastructure Design and Construction Standards, as amended, revised or re -adopted from time to time and hereinafter known and referred to as the Public Works Surface Water Regulations and Procedures. B. The Public Works Director is authorized to develop and implement an inspection program for the investigation of sites that have the potential to discharge pollutants to the stormwater drainage system, suspected illicit discharges, and illicit connections in the City of Tukwila. C. The Public Works Director may initiate all required actions to prevent or stop acts or intended acts of an applicant or other person that constitute a hazard to life or safety; endangered property; or adversely affect the safety, use or stability of a public way, surface water, a conveyance system or a critical area or buffer. D. If the Director determines that a person engaged in an activity that could or does negatively affect surface water has failed to comply with City code or with approved surface water plans and/or other permit conditions, the Director may implement any or all of the following enforcement actions: 1. Suspend or revoke without written notice any surface water permit issued by the City, when the Director determines an immediate danger to life, safety or property exists in a downstream area or adjacent property. 2. Serve a written notice of violation upon that person by registered or certified mail or personal service. The notice shall set forth the measures necessary to achieve compliance, specify the time to commence and complete corrections and indicate the consequences for failure to correct the violation. 3. Suspend or revoke any stormwater related permit issued by the City after written notice is given to the applicant for any of the following reasons: a. Any violation(s) of the conditions of the surface water permit; b. Changes in site runoff characteristics upon which a permit or exception was granted; C. Construction not in accordance with the approved plans; or d. Non-compliance with correction notice(s) or "stop work" order(s) issued for the construction of temporary or permanent stormwater management facilities. 4. Post a "stop work" order at the site directing that all activities that could affect surface water or a conveyance system cease immediately. The "stop work" order may include Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.010 TUKWILA CODE § 14.30.020 any discretionary conditions and standards adopted in TMC Section 14.30.070 that must be fulfilled before any work may continue. (Ord. 2675 § 4, 2022) § 14.30.020. Purpose and Intent. A. The purpose of TMC Chapter 14.30 is to provide for the health, safety, and general welfare of the citizens of Tukwila, Washington, through the regulation of development activities that could affect stormwater and non-stormwater discharges to the stormwater drainage system to the maximum extent practicable as required by federal and state law. This chapter also establishes methods for controlling the introduction of pollutants into the stormwater drainage system in order to comply with the requirements of the National Pollutant Discharge Elimination Systems ("NPDES") permit process. The provisions of TMC Chapter 14.30 shall be liberally construed to accomplish the following purposes: 1. Promote sound development policies and procedures that protect and preserve the City's water courses, groundwater, and surface water infrastructure. 2. Protect surface water conveyance systems and receiving waters from pollution, mechanical damage, excessive flows, and other conditions that increase erosion and/ or turbidity, siltation and other pollution, or that will reduce groundwater recharge or endanger aquatic and benthic life within surface waters and receiving waters within the State. 3. Meet the requirements of state and federal law. 4. Fulfill the City's responsibilities as trustee of the environment for future generations. 5. Promote the health, safety and welfare of the public. 6. Protect private and public property from drainage related damage. 7. Promote site planning and construction practices that are consistent with natural topographical, vegetative, and hydrological conditions. 8. Preserve and enhance the suitability of water bodies for recreation and wildlife habitat. 9. Regulate the contribution of pollutants to the stormwater drainage system by stormwater discharges by any person. 10. Prohibit illicit connections and illicit discharges to the stormwater drainage system. 11. Establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter. B. The intent of this chapter is to place the obligation of complying with its requirements upon the stormwater facility owner. Neither the City nor its officers, agents, or employees shall incur liability or be held liable by reason of taking any action required or permitted hereunder. C. The intent of this chapter is not to repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.020 WATER AND SEWERS § 14.30.030 (Ord. 2675 §5,2022) § 14.30.030. Definitions. Unless specifically defined below, words or phrases used in TMC Chapter 14.30 shall be interpreted using the meaning they have in common usage and to give TMC Chapter 14.30 its most reasonable application; provided that words or phrases not defined herein that are defined in the "Surface Water Design Manual" or "Stormwater Pollution Prevention Manual," shall have the meaning given therein. 1. "AKART" means All Known, Available, and Reasonable methods of prevention, control, and Treatment (see also the State Water Pollution Control Act, RCW 90.48.010 and RCW 90.48.520). 2. "Applicant" means any person, governmental agency, or other entity that executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project. Applicant also means any person, governmental agency, or other entity that is performing or plans to perform permitted work within the City. 3. "Approval" means proposed work or completed work conforming to TMC Chapter 14.30 as approved by the Director. 4. "Best management practice" or "BMP" means those practices, prohibitions of practices, or schedules of activities, which provide the best available and reasonable physical, structural, managerial, or behavioral activity to: (a) reduce or eliminate pollutant loads and/or concentrations leaving a site; or (b) prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. 5. "City" means the City of Tukwila or the City Council of Tukwila. 6. "Clean water act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq) and any subsequent amendments thereto. 7. "Comprehensive surface water management plan" means a plan adopted by the City Council that provides direction for management of the City's surface and stormwater system to benefit the community and meet the City's overriding goal of health and sustainability. 8. "Conveyance system" means natural and man-made drainage features that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter surface water. Natural drainage features include swales, streams, rivers, lakes and wetlands. Man-made features include gutters, ditches, pipes, detention/retention facilities, dikes, levees and revetments. 9. "Critical drainage area" means an area, as determined by the City, needing additional controls to address flooding, drainage, and/or erosion conditions that pose an imminent likelihood of harm to the welfare and safety of the surrounding community. 10. "Development" means any man-made change of improved or unimproved real estate; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill, clearing or land disturbance; or any use or extension of the use of land. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.030 TUKWILA CODE § 14.30.030 11. "Director" means the Director of Public Works or designee. 12. "Drainage review" means an evaluation by the City to determine compliance with the City's standards and adopted Surface Water Management Manual. 13. "Erosion" means detachment and transport of soil or rock fragments by water, wind, ice, etc. 14. "Groundwater" means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. 15. "Hazardous materials" means any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. 16. "Hyperchlorinated" means water that contains more than 10 mg/liter chlorine. 17. "Illicit connection" means any man-made conveyance that is connected to a stormwater drainage system without a permit, excluding roof drains or other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, and inlets or outlets that are connected directly to the stormwater drainage system. 18. "Illicit discharge" means all non -surface water discharges to surface water conveyance systems that cause or contribute to a violation of State water quality, sediment quality or ground water quality standards. These discharges include, but are not limited to, sanitary sewer connections, industrial process water, interior floor drain connections, waste dumping, car washing and grey water systems. 19. "Imminent hazard" means the existence of a condition that presents a substantial endangerment to health, property or the environment. 20. "Low impact development" ("LID") means a stormwater and land use management strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. 21. "National pollutant discharge elimination system stormwater discharge permit" means a permit issued by the Washington Department of Ecology under the authority delegated pursuant to 33 U.S.C. § 1342(b) (Clean Water Act) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis. 22. "Non-stormwater discharge" means any discharge to the stormwater drainage system that is not composed entirely of stormwater. 23. "Person" means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner's agent. 24. "Plans" means the plans, profiles, cross sections, elevations, details and supplementary specifications, showing the location, character, dimensions and details of the work to be Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.030 WATER AND SEWERS § 14.30.030 performed. These plans are approved by the Public Works Director and are usually signed by a registered professional engineer licensed in the State of Washington. 25. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; non -hazardous liquid, solid waste and yard waste; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnance and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal waste; waste and residue that results from constructing a building or structure; and noxious or offensive matter of any kind. 26. "Pollution" means contamination or other alteration of the physical, chemical, or biological properties of waters of the State that will or is likely to create a nuisance or render waters harmful, detrimental or injurious to: 1) public health, safety or welfare, or 2) domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or 3) livestock, wild animals, birds, fish or other aquatic life. Contamination includes discharge of any liquid, gas or solid radioactive or other substance. Alteration includes temperature, taste, color, turbidity or odor. 27. "Premises" means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. 28. "Project" means activity encompassing all phases of the work to be performed and is synonymous to the term "improvement" or "work." 29. "Runoff' means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands, as well as shallow groundwater and that portion of precipitation that becomes surface flow and interflow. 30. "Sediment" means fragmented material originating from weathering and erosion of rocks or unconsolidated deposits, which is transported by, suspended in or deposited by water. 31. "Sedimentation" means the deposition or formation of sediment 32. "Single-family residence" means a project that constructs or modifies one single family dwelling unit and/or makes related on-site improvements, such as a driveway, outbuildings or play courts. 33. "Source control best management practice" or "source control BMP" means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. 34. "Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel or a constructed infiltration facility. 35. "Stormwater drainage system" means a constructed conveyance system and natural Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.030 TUKWILA CODE § 14.30.050 features that function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater. 36. "Stormwater related permit" means a Public Works permit or a surface water concurrency test. 37. "Stormwater pollution prevention plan" means a document that describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. 38. "Surface flow" means flow that travels overland in a dispersed manner (sheet flow) or in natural channels or streams or constructed conveyance system. 39. "Surface water" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow channels, or pipes into a natural drainage system, a surface water conveyance system, or into a constructed surface water facility. 40. "Surface water plan" means a set of drawings and documents submitted as prerequisite to obtaining a development permit. 41. "TMC" means the Tukwila Municipal Code. 42. "Typical" means the guidelines that shall be followed unless the Director approves an exception. 43. "Water body" means a creek, stream, pond, wetland, lake, or river. 44. "Watershed" means a geographic region within which water drains into a particular river, stream, or water body as identified and numbered by the State of Washington Water Resource Inventory Area (WRIAs) as defined in the Washington Administrative Code. (Ord. 2675 § 6, 2022) § 14.30.040. Applicability. TMC Chapter 14.30 applies to: 1. All development activities occurring within the City limits that could affect surface water; and 2. Any materials and discharges other than stormwater entering the stormwater drainage system generated on any developed and undeveloped lands lying within the City of Tukwila. (Ord. 2675 § 7, 2022) § 14.30.050. Compliance. A. TMC Chapter 14.30 contains minimum requirements. The requirements do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where TMC Chapter 14.30 imposes requirements that provide more protection to human health or the environment, the Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.050 WATER AND SEWERS § 14.30.060 requirements of TMC Chapter 14.30 shall prevail. B. Approvals and permits granted under TMC Chapter 14.30 do not imply waiver of other laws and regulations, nor do they indicate compliance with other laws and regulations. C. Compliance with the minimum standards and requirements set forth in TMC Chapter 14.30 and related regulations, standards, and manuals adopted by the City does not necessarily mitigate all impacts to human health and the environment. In such cases, the applicant must implement additional mitigation to protect human health and the environment. D. City departments shall comply with all the requirements of TMC Chapter 14.30, with the exception of obtaining permit and approvals from the City for works performed in the public rights-of-way, or for operation and maintenance activities by the Department of Parks and Recreation. (Ord. 2675 § 8, 2022) § 14.30.060. Standards. A. Unless the Director requires more stringent standards to mitigate a project's impact to the public and environmental health and safety, development activities within the City shall be undertaken in accordance with the following minimum standards, which may be amended from time to time by the Director: The City's National Pollutant Discharge Elimination System (NPDES) permit. 2. The 2021 King County Surface Water Design Manual, attached hereto as "Exhibit A," is hereby adopted by reference as the City of Tukwila "Surface Water Design Manual" and, together with the amendments thereto as set forth in this section, shall be known and referred to as the "Surface Water Design Manual" or the SWDM.S The Department of Ecology 2019 Stormwater Management Manual for Western Washington ("DOE SWDM"), may be used for project design for multi jurisdictional development projects wherein a substantial and material portion of the development project will take place outside of the jurisdictional boundaries of the City and will be required by a permitting authority to comply with the standards set forth in the DOE SWDM; provided that the Public Works Director approves of the DOE SWDM based upon a finding that application of differing standards set forth in the SWDM and the DOE SWDM will create a hardship for the applicant, and that approval of use of the DOE SWDM will not result in requirements that are less restrictive than the SWDM or otherwise inconsistent with the purpose of this chapter. 4. The 2021 King County Stormwater Pollution Prevention Manual, attached hereto as "Exhibit B", is hereby adopted by reference as the City of Tukwila Stormwater Pollution Prevention Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the "Stormwater Pollution Prevention Manual" or the ,SPPM.i6 The Public Works Surface Water Regulations and Procedures. 5. City Clerk's Note: Attachments are not included in the Tukwila Municipal Code. Exhibit A can be found in the Digital Records Center under Ord. 2675. 6. City Clerk's Note: Attachments are not included in the Tukwila Municipal Code. Exhibit B can be found in the Digital Records Center under Ord. 2675. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.060 TUKWILA CODE § 14.30.085 6. Any applicable standards, codes, or recommendations in specific reports such as the geotechnical report and the Technical Information Report. 7. The City's Development Guidelines and Infrastructure Design and Construction Standards. 8. The Comprehensive Surface Water Management Plan or Drainage Basin Plans. B. Unless the context indicates otherwise, the following terms and phrases, as used in the SWDM or the SPPM, shall have the meaning or reference given: 1. See Figure 14-4 relating to Tukwila Terminology Equivalents to King County Terminology.' 2. All references to King County codes or any section thereof in the SWDM or the SPPM shall be replaced by reference as indicated in Figure 14-5 to the applicable code and comparable section thereof.' 3. All references to maps in the SWDM and SPPM shall be replaced by reference as indicated in Figure 14-6.9 (Ord. 2675 § 9, 2022) § 14.30.070. Permits. A. Activities that trigger drainage review pursuant to the "Surface Water Design Manual" require a permit to be issued by the City. Such permits shall be non -transferable without approval of the Director and shall be limited to the specific activities for which they are granted. B. All plans, drawings, and calculations shall be prepared, stamped, signed and dated by a registered professional engineer, licensed in the State of Washington. A single-family residence that is not in a critical area and does not trigger drainage review may be exempt from this requirement. C. The submittals for the permit must meet or exceed the minimum criteria as required in the standards adopted in this chapter. The Director may require additional submittals to those described therein. D. Any significant changes to the approved plans or specifications of a permitted project require a revision submittal to the City for approval before the changes are implemented. (Ord. 2675 § 10, 2022) § 14.30.080. Compliance Required. Property owners are responsible for the maintenance, operation and repair of stormwater drainage systems within their property. Property owners shall maintain, operate and repair stormwater drainage systems in compliance with the requirements of this chapter and the "Surface Water Design Manual." (Ord. 2675 § 11, 2022) 7. Editor's Note: Figure 14-4 is included as an attachment to this title. 8. Editor's Note: Figure 14-5 is included as an attachment to this title. 9. Editor's Note: Figure 14-6 is included as an attachment to this title. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.085 WATER AND SEWERS § 14.30.090 § 14.30.085. Maintenance Required. A. All stormwater drainage systems in the City shall be maintained according to this chapter and the minimum maintenance standards detailed in the "Surface Water Design Manual." B. All stormwater drainage systems shall be inspected on a periodic basis, as described in the "Surface Water Design Manual." If, during an inspection, a stormwater drainage system is found not to be in compliance with the minimum required standards, the owner or operator of the stormwater drainage system shall immediately repair the system and return it to proper operating condition in compliance with this chapter and any applicable covenant. Inspections may be scheduled more frequently to ensure the stormwater drainage system continually functions as designed. C. Where abatement is found necessary to correct health or safety problems, to control pollutants from entering the stormwater drainage system, to prevent surface water or ground water quality degradation, or to remove pollutants that have entered the stormwater drainage system, such work shall be completed immediately by the owner or operator of the stormwater drainage system. If the owner does not complete the work, the City is authorized to enter the property and abate the problem in accordance with TMC Section 14.30.090. D. Where regular maintenance and/or repair is found necessary during inspection, maintenance shall be performed in accordance with the maintenance schedule established by the stormwater manual. (Ord. 2675 § 12, 2022) § 14.30.090. Inspection Authority and Procedure. A. Inspection Authority. Whenever implementing the provisions of this chapter or whenever there is cause to believe that a violation of this chapter has been or is being committed, the Director is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the City to determine compliance with the provisions of this chapter. B. Inspection Procedure. The procedure outlined below shall be followed when inspections occur: Prior to making any inspections on private property, the Director shall present identification credentials, state the reason for the inspection and request entry. 2. If the property or any building or structure on the property is unoccupied or inaccessible, the Director shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry. If, after reasonable effort, the Director is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the Director may enter. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.090 TUKWILA CODE § 14.30.110 4. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist that create an imminent hazard, the Director shall obtain a search warrant, prior to entry, as authorized by the laws of the State of Washington. 5. The Director may inspect the stormwater drainage system without obtaining a search warrant as provided for in TMC Section 14.30.090.B.4, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. 6. The Director shall investigate illicit discharges in an effort to identify the source. If such discharges are tracked to a specific connection to the public stormwater drainage system, or directly to surface water or ground water, inspection and investigation of that site will be initiated in compliance with the inspection procedures defined in this section. If the discharge is an imminent threat to public safety or the environment, emergency action shall be taken in accordance with this TMC Section 14.30.090. (Ord. 2675 § 13, 2022) § 14.30.100. Inspection and Maintenance Schedule for Stormwater Flow Control and Water Quality Treatment Facilities. A. The Director shall establish inspection and maintenance scheduling and standards for all publicly and privately owned stormwater flow control and water quality treatment facilities. The maintenance of the stormwater flow control and water quality facilities shall be guided by the "Surface Water Design Manual." The base frequency for inspection and maintenance shall be in accordance with the NPDES permit currently in effect. B. The City requires all inspections to be paid for by the property owner and conducted by a City -approved third -party inspector unless approved otherwise by the Director. C. Adjustment to a less than annual inspection frequency may be revised as approved by the Director based upon maintenance records of double the length of time of the proposed inspection frequency. (Ord. 2675 § 14, 2022) § 14.30.110. Maintenance Covenant Required for Stormwater Flow Control and Water Quality Treatment Facilities. A. Prior to the issuance of any permit for which a construction Stormwater Pollution Prevention Plan is required, the City shall require the applicant or property owner to complete and submit a Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPs ("covenant") for the City's review and approval, warranting that the property owner will manage, inspect, and maintain the stormwater flow control and water quality treatment facilities per the conditions required by TMC Chapter 14.30 and the covenant. 1. At a minimum, the covenant shall describe the maintenance activities, spell out the frequency for each activity and state who performs and who pays for each activity. 2. The covenant shall provide unlimited access, at all reasonable times, to the stormwater drainage systems for inspection by the Public Works Department. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.3 0.110 WATER AND SEWERS § 14.30.140 B. Once approved by the City, the covenant shall be signed by the applicant or property owner and promptly recorded on title with the King County Department of Records and Elections. A copy of the recorded covenant shall be provided to the Director prior to the final inspection. C. The covenant shall be included in any instrument of conveyance of the subject property, shall run with the land, and shall be binding upon such owner's heirs, successors, and assigns. (Ord. 2675 § 15, 2022) § 14.30.120. Inspection and Maintenance Records. A. For privately -owned stormwater drainage systems, the applicant shall provide a monitoring and maintenance schedule for the life of each stormwater drainage system or component thereof or best management practice resulting from the development. At a minimum, the schedule shall describe the maintenance activities, spell out the frequency for each activity and state who performs and who pays for each activity. B. The monitoring and maintenance schedule shall provide unlimited access, at all reasonable times, to the stormwater drainage systems for inspection by the Public Works Department. C. The Director shall review and approve the monitoring and maintenance schedule before the applicant records the schedule with King County Records. D. Owners of projects distributing over one acre must maintain records of facility inspections and maintenance actions. Records shall be retained for a period of at least ten years. These maintenance records are to be provided to the City upon request. E. For new residential developments in excess of 1 acre, additional inspections are required of all new flow control and water quality treatment facilities, including catch basins, every six months during the period of heaviest residential construction (i.e., 1 to 2 years following subdivision approval) to identify maintenance needs and enforce compliance with maintenance standards as needed. The City will perform periodic inspections of these same stormwater drainage systems. (Ord. 2675 § 16, 2022) § 14.30.130. Special Drainage Fee. When the City accepts stormwater drainage system infrastructure that requires upkeep in excess of normal maintenance, the City has the right to charge the benefiting parties a special drainage fee in addition to the City's normal surface water charge, as condition of turnover, in order to cover costs for this maintenance. (Ord. 2675 §17,2022) § 14.30.140. Inlet Marking. A. All new inlets and catch basin grates, public or private, shall be marked "No Dumping! Drains to Stream." In addition, a four -inch raised pavement marking that states "No Dumping—Drains to Streams" or equivalent as approved by the Director shall be installed. B. Existing inlets and catch basin grates in areas being resurfaced or when being modified or replaced, shall be marked "No Dumping! Drains to Stream." In addition, a four -inch raised Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.140 TUKWILA CODE § 14.30.160 pavement marking that states "No Dumping—Drains to Streams" or equivalent as approved by the Director shall be installed. C. Markings required by this section shall meet the standard in the Development Guidelines and Infrastructure Design and Construction Standards. (Ord. 2675 § 18, 2022) § 14.30.150. Trash and Waste Receptacles. A. Restaurants, including food preparation facilities, facilities with an outdoor trash compactor, or facilities that have been determined to generate pollution or waste activities, shall have a dedicated, roof -covered trash enclosure that drains to a catch basin connected to a grease interceptor that drains to the sanitary sewer. The trash enclosure area shall be kept clean and contained and shall not drain to a storm drainage system. B. Dumpsters and garbage and waste containers shall be leak -proof and kept closed or lidded at all times except when disposing of waste materials. C. Grease storage containers shall be kept covered at all times and shall have spill containment. The area shall be kept clean and clear of any fats, oil or grease and shall not drain to a storm drainage system or sanitary sewer system. (Ord. 2675 § 19, 2022) § 14.30.160. Financial Guarantees. A. The Director may require from the applicant a surety, cash bond, irrevocable letter of credit or other means of financial guarantee acceptable to the City, prior to approving a permit issued under TMC Chapter 14.30. B. The amount of the financial guarantee shall not be less than the total estimated construction cost of all interim and permanent stormwater control facilities and shall not be fully released without final inspection and approval of completed work by the City. C. For developments that may involve a risk of property damages or possible hazards, the Public Works Director may require the provision of financial guarantee (bond, note, letter of credit, etc.) with the City to mitigate damages should they occur. The following provisions shall apply in instances where such financial guarantees are required: Such bond or other proof of financial guarantee shall not exceed 150% of the estimated cost of constructing and maintaining those improvements which are the source of the risk or potential hazard; provided that, in the case of surface water activities which do not involve expenditures at least equal to the cost of remedying the possible adverse impacts of such activities, the required financial guarantee shall be equal to City staff's best estimate of the possible cost directly associated with remedying the adverse impacts to public or private properties not associated with the development. 2. The amount of any financial guarantee shall not serve as a gauge or limit to the compensation collected from a property owner because of damages associated with any surface water activity. D. The City shall retain the financial guarantee until the completion of any project involving Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.160 WATER AND SEWERS § 14.30.180 surface water activity or following a prescribed trial maintenance period. E. The City may redeem financial guarantees provided in accordance with this provision in whole or in part upon determination by the Director that any or all of the following circumstances exist: Failure on the part of the party providing such financial guarantee to fully comply, within the time specified, with approved plans and/or any corrective or enforcement actions mandated by TMC Chapter 14.30; or, 2. Damages to public or private property arising from the activities for which the financial guarantee was required. (Ord. 2675 §20,2022) § 14.30.170. Insurance. A. If, in the opinion of the Director, the risks to property or life and safety associated with a proposed development activity are substantial, the Director may require the owner of the storm drainage system to purchase liability insurance coverage in the following minimum amounts: Bodily injury liability - $3 million per occurrence. Property damage liability - $3 million per occurrence. B. The Director may require higher policy limits than set forth in TMC Section 14.30.170.A in those cases where the minimum amounts are deemed insufficient to cover possible risks. C. All insurance policies obtained in accordance with TMC Section 14.30.170 shall name the City of Tukwila as an "additional insured," and shall be written by a company licensed to do business in the State of Washington. Neither issuance of a permit, nor compliance with these provisions or any other conditions imposed by the City relieves any person from responsibility for damage to persons or property otherwise imposed by law, nor for damages in an amount greater than the insured amount. Issuance of a permit shall not form the basis of liability against the City for damages to persons or property arising from the development activities permitted by the City or otherwise undertaken by any person. (Ord. 2675 § 21, 2022) § 14.30.180. Discharge Prohibitions. A. Prohibition of Illicit Discharges. No person shall throw, drain or otherwise discharge or cause or allow others under its control to throw, drain, or otherwise discharge directly or indirectly into the stormwater drainage system and/or surface and groundwaters any materials other than stormwater. 2. Examples of prohibited contaminants include, but are not limited to, the following: a. Trash or debris. b. Construction materials. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.180 TUKWILA CODE § 14.30.180 C. Petroleum products, including but not limited to oil, gasoline, grease, fuel oil and heating oil. d. Antifreeze and other automotive products. e. Metals in either particulate or dissolved form. f. Flammable or explosive material. g. Radioactive material. h. Batteries. i. Acids, alkalis or bases. j. Paints, stains, resins, lacquers or varnishes. k. Degreasers, solvents or drain cleaners. 1. Pesticides, herbicides or fertilizers. in. Steam cleaning wastes. n. Soaps, detergents or ammonia. o. Swimming pool or spa filter backwash. p. Chlorine, bromine or other disinfectants. q. Heated water. r. Domestic animal waste. S. Sewage. t. Recreational vehicle waste. U. Animal carcasses. V. Food waste. w. Bark and other fibrous materials. X. Lawn clippings, leaves or branches. y. Silt, sediment, concrete, cement, or gravel. Z. Chemicals not normally found in uncontaminated water. aa. Any other process -associated discharge, except as otherwise allowed in TMC Section 14.30.190 and any hazardous material or waste not listed above. B. Prohibition of Illicit Connections. 1. The construction, use, maintenance, or continued existence of illicit connections to the stormwater drainage system is prohibited. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.180 WATER AND SEWERS § 14.30.200 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this chapter if that person allows a currently -illicit stormwater drainage system connection to continue to exist. (Ord. 2675 § 22, 2022) § 14.30.190. Allowable Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: 1. Diverted stream flows. 2. Rising groundwaters. 3. Uncontaminated groundwater infiltration, as defined in 40 Code of Federal Regulations (CFR) 35.2005(20). 4. Uncontaminated pumped groundwater. 5. Foundation drains. 6. Air conditioning condensation. 7. Irrigation water from agricultural sources that is comingled with urban stormwater. 8. Springs. 9. Water from crawl space pumps. 10. Footing drains. 11. Flows from riparian habitats and wetlands. 12. Discharges from emergency fire fighting activities. (Ord. 2675 § 23, 2022) § 14.30.200. Conditional Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the stated conditions or unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de -chlorinated to a concentration of 0.1 ppm or less, pH -adjusted to a level within the range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent re -suspension of sediments in the stormwater system. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.200 TUKWILA CODE § 14.30.220 2. Lawn watering and other irrigation runoff are permitted but shall be minimized. 3. De -chlorinated Swimming Pool Discharges. These discharges shall be de -chlorinated to a concentration of 0.1 ppm or less, pH -adjusted to a level within the range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system. 4. Street and sidewalk wash water, water used to control dust and routine external building wash -down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street. 5. Non-stormwater discharges covered by another NPDES permit, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted from the Director for any discharge to the stormwater drainage system. 6. Other Non-stormwater Discharges. The discharges shall be in compliance with the requirements of a Stormwater Pollution Prevention Plan ("SWPPP") reviewed and approved by the City that addresses control of such discharges by applying AKART to prevent contaminants from entering surface or groundwater. 7. Storm system dye testing is allowable by the City and dye testing by others requires written notification to the City with approval from the Director. (Ord. 2675 § 24, 2022) § 14.30.210. Best Management Practices. A. Operational Source Control BMPs. All activities with the potential to release pollutants directly or indirectly to the City's stormwater drainage system must be mitigated by Source Control BMPs to prevent or reduce pollutants in runoff. For all discharges, property owners or persons in control shall implement operational Source Control BMPs to prevent or minimize pollutants from leaving a site or property and to prevent contaminants from coming in contact with stormwater. B. Additional BMPs. Property owners or persons in control of sites with pollutant generating activities shall implement Source Control BMPs to the extent necessary to prevent prohibited discharges. If Operational Source Control BMPs are insufficient to prevent prohibited discharges, the Director may require the implementation of structural Source Control BMPs or treatment BMPs in accordance with the SPPM or SWDM. (Ord. 2675 § 25, 2022) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.220 WATER AND SEWERS § 14.30.230 § 14.30.220. Liability. Liability for any adverse impacts or damages resulting from work performed in accordance with any permit issued on behalf of the City for the development of any site within the City limits shall be the sole responsibility of the applicant. (Ord. 2675 §26,2022) § 14.30.230. Enforcement Authority, Procedure, and Penalties. A. The Director shall have the authority to issue an enforcement order to an owner or responsible party to abate an illicit discharge, and/or maintain or repair a component of a stormwater drainage system in accordance with the provisions of this chapter. The order shall include: 1. A description of the specific nature, extent, date, and time of the violation and the damage or potential damage that reasonably might occur; 2. A notice to cease and desist the violation or the potential violation and, in appropriate cases, the specific corrective actions to be taken; and 3. A reasonable time to comply, depending on the circumstances. B. The Director may impose an inspection fee for any stormwater drainage system found not to be in compliance with this chapter. This inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance with this chapter. Inspection fees shall also be applied if the City is required to inspect a stormwater drainage system because the property owner failed to complete the required annual inspection. Inspection fees shall be in accordance with the fee schedule adopted by resolution of the City Council. C. If the enforcement order is not adhered to, the City may provide such actions as needed to repair, restore or maintain the stormwater drainage system. If at any time the City determines that the existing system creates any imminent threat to public health or welfare, the City may take immediate measures to remedy said threat. Under such circumstances no notice to the owner of the system shall be required. D. The owner of the stormwater drainage system shall assume all responsibility for the cost of any maintenance and for repairs to the system. Such responsibility shall include reimbursement to the City within 30 days of the receipt of the invoice for any work the City performs pursuant to TMC Section 14.30.230.D. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the City will be borne by the parties responsible for said reimbursements. E. In the event the property owner fails to pay the City within 30 days from the date the costs were incurred, the City shall have the right to file a lien against the real property for all charges and expenses incurred. Such lien shall specify the expenses incurred, provide a legal description of the premises and will be filed with the County Auditor within 90 days from the date of the completion of the work. Payment may at any time thereafter be sought by foreclosure procedures of liens under the laws of the State of Washington. F. Any person who violates or fails to comply with the requirements of this chapter or who Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.30.230 TUKWILA CODE § 14.30.250 fails to conform with the terms of an order issued by the Director shall be subject to a civil penalty as provided in TMC Chapter 8.45. Each day of continued violation shall constitute a separate violation for purposes of this penalty. (Ord. 2675 § 27, 2022) § 14.30.240. Injunctive Relief. A. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate TMC Chapter 14.30 or any rule or other provision adopted or issued pursuant to TMC Chapter 14.30, it may either before or after the institution of any other action or proceeding authorized by TMC Chapter 14.30 institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. B. The institution of an action for injunctive relief under TMC Chapter 14.30 shall not relieve any party to such proceedings from any penalty prescribed for violations of TMC Chapter 14.30. (Ord. 2675 § 28, 2022) § 14.30.250. Appeals. The appeals process for/by any person aggrieved by the action of the City is provided under TMC Chapter 8.45, "Enforcement." (Ord. 2675 § 29, 2022) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA WATER AND SEWERS § 14.30.250 CHAPTER 14.31 ILLICIT DISCHARGE DETECTION AND ELIMINATION" 10. Editor's Note: This Chapter was repealed by Ordinance 2675, June 2022. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.32.010 WATER AND SEWERS § 14.32.020 CHAPTER 14.32 STORM AND SURFACE WATER RATES AND CHARGES § 14.32.010. Purpose. A. The purpose of this chapter is to provide for revenue to construct, reconstruct, replace, improve, operate, repair, maintain, manage, administer, inspect, enforce facilities and activities for the storm and surface water utility plan and utility. B. This chapter creates a system of rates and charges pursuant to RCW 35.67 for the storm and surface water utility. (Ord. 1932 § 1 (part), 2000) § 14.32.020. Definitions. The following words, when used in TMC Chapter 14.32 shall have the meaning identified below: 1. "Billing year" means the calendar year in which bills are sent. 2. "Developed surface" means those surfaces which have altered the natural infiltration or runoff patterns that are characteristic of natural land as it existed prior to development and are not green and growing, landscaped, or submerged. Such surfaces shall include hard surfaces that prevent or retard the entry of water into the soil; to include, but not limited to: roof tops, asphalt or concrete paving, driveways, parking lots, patio areas, storage areas, or other compacted surfaces. Such surfaces shall further include porous surfaces which may accelerate the infiltration or transfer of surface or ground water; to include, but not limited to: infiltration pits, piles of rock or quarry spalls, constructed surface water drainage channels, or similar surfaces. 3. "Natural land" means parcels that have not been disturbed from their natural state in the last 25 years. 100% of the parcel must be natural land for the parcel to be classified as natural land. 4. "Parcel" means the smallest separately segregated unit or plot of land having an identified owner(s), boundaries, and area as defined by the King County assessor and recorded in the King County assessor's real property file or in the King County assessor's maps. 5. "Percent developed surface" means the quotient of the total area of developed surface on a parcel divided by the total area of the parcel. For purposes of determining the rate category, the resulting percentage shall be rounded to the nearest whole percent. 6. "Undeveloped surface" means any surface area that is green, growing, or landscaped and supporting vegetation and shall include land which is totally submerged. 7. "Property owner of record" means the person or persons recorded by the county assessor to be the owner(s) of property and/or to whom property tax statements are directed. "Rate category" means the classification of properties, based upon the estimated percentage of developed surface on the parcel, for purposes of establishing Utility Service Charges. "Service charge" means that charge imposed on all parcels within the City by the storm and surface water utility, and shall be the rate category to which the parcel is assigned multiplied times the total area of the parcel rounded to the nearest 4,356 square feet (1/10th Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.32.020 WATER AND SEWERS § 14.32.050 of one acre). 10. "Single-family residential parcel" shall mean any parcel which contains one, two or three single-family units. A "duplex" is equal to two single-family units. A "triplex" is equal to three single-family units. 11. "Utility" means the City storm and surface water management utility. (Ord. 1932 § 1 (part), 2000) § 14.32.030. Utility Rates and Service Charges. A. A utility rate and service charge is imposed on every parcel within the City and the owner(s) thereof This includes but is not limited to parcels owned by the City, by the State, by the County, and all other parcels. B. The rate category established herein shall be based upon the contribution of surface and storm water from a parcel to the system. The amount of contribution to the system shall be measured by the estimated percentage of developed surface area on the parcel. The service charge imposed on each parcel shall be equal to the rate category into which the parcel fits multiplied times the total area of the parcel rounded to the nearest 4,356 square feet (1/10 of one acre). Single-family residential parcels are grouped together into one rate category and will pay one service charge per parcel. This rate category and service charge is determined by estimating the average developed percent surface and the average total area of all single-family parcels in the City. C. Utility rate categories and annual service charges shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. D. Pursuant to RCW 90.03.525, all parcels within a limited access highway owned by the State Department of Transportation shall be subject to service charges that are equal to 30% of that which would result if the service charges were calculated according to section 14.32.030C of the Tukwila Municipal Code. E. Each annual bill will be rounded up to the nearest number of cents. The minimum annual service charge shall be equal to the annual charge for a 4,356 square foot parcel in the lowest rate category (1, Natural). (Ord. 1932 § 1 (part), 2000; Ord. 2104 § 1, 2005) § 14.32.040. Special Rates. The charge for a residential parcel that is owned by and is the personal residence of a person or persons determined by the King County Assessor as qualified for a low income senior citizen rate adjustment or a low income disabled citizen rate adjustment pursuant to RCW 84.36.381, or as the same may hereafter be amended, shall be 50% of the residential rate set forth in TMC Section 14.32.030. (Ord. 1932 § 1 (part), 2000; Ord. 2104 § 2, 2005; Ord. 2594 § 1, 2018) § 14.32.050. Service Charge Adjustments. A. Any person receiving a utility service charge may apply in writing to the Director of Public Works of the City of Tukwila for a service charge adjustment. Filing such a request does not extend the period for payment of the charge. Requests for adjustments on delinquent Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.32.050 TUKWILA CODE § 14.32.060 accounts will not be acted upon until paid in full. B. A request for a billing adjustment may be based on one or more of the following: The total area of the non -single-family residential parcel is incorrect; 2. The percent of developed surface on the non -single-family residential parcel(s) for the billing year for which the service charge is imposed is incorrect and the actual percent of developed surface on the parcel places it in a rate category different than that used for calculation of the service charge; The parcel or portion of it is outside the City and the service charge is calculated on that portion outside the City; 4. The service charge calculated is erroneous in applying the terms of this chapter. C. Application for adjustments may be made to the Director of Public Works of the City of Tukwila. The burden of proof shall be on the applicant to show that the rate adjustment sought should be granted. All decisions of the Director of Public Works shall be final. D. Applications for service charge adjustments shall be filed within 90 days of the billing date. E. The Director of Public Works of the City of Tukwila shall establish processes and procedures for reviewing requests for adjustments. (Ord. 1932 § 1 (part), 2000; Ord. 2594 § 2, 2018) § 14.32.060. Billing and Collecting. A. Pursuant to an interagency agreement, King County is designated as the City's agent for the purpose of billing and collecting storm and surface water service charges from City property owners and disbursing funds to the City. A copy of the interagency agreement shall be available in the office of the City Clerk for use and examination by the public. All parcels subject to a service charge shall be billed annually based upon the rate category and acreage applicable to such parcels as of August 1 of the year prior to the billing year. B. For all parcels, except those owned by the City, condominium complexes or the Washington State Department of Transportation for public highways, roads and rights-of- way, the service charge shall be included on the annual King County Property Tax Statement, which shall be sent in the manner established by state law and county ordinance. One-half of the total annual service charge applicable to the parcel shall be due on April 30 and the other half shall be due on October 31, consistent with the due date of the King County Property Tax bill. Any payment not received by the due date shall be considered delinquent. C. For parcels owned by the City; condominium complexes; or those of the Washington State Department of Transportation for public highways, roads and rights-of-way, bills shall be sent to the property owners by the City in January of each year and shall be due in full within 60 days of the date of the bill. After that period the bill shall be considered delinquent. D. Property owners shall be responsible for all bills not paid. The City may pursue collection of any delinquent bills outstanding on January 1, 2019. King County, as the City's agent, shall pursue collection of any bills that become delinquent after January 1, 2019. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.32.060 WATER AND SEWERS § 14.32.070 E. The service charge or any part thereof which becomes delinquent shall bear interest as provided in RCW 35.67.200 at the rate of 8% per annum, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid. F. The City shall have a lien for all delinquent and unpaid service charges, including interest thereon, against any parcel for which the service charges are delinquent, as provided by RCW 35.67.200. The current charges imposed by the King County Records and Elections Division shall be charged to all liened parcels to recover the cost of placing and removing the lien on the parcel. Pursuant to RCW 35.67.215, the lien is effective for up to one year's delinquent service charges without the necessity of any writing or recording of the lien with the King County Records and Elections Division. In the case of foreclosure actions to collect delinquencies, the City shall seek also to collect reimbursement of reasonable costs of collection including, but not limited to, attorney's fees, staff time and filing fees. (Ord. 1932 § 1 (part), 2000; Ord. 2104 § 3, 2005; Ord. 2594 § 3, 2018) § 14.32.070. Service Charge Revenues. All moneys obtained by the City pursuant to TMC Chapter 14.32 shall be credited and deposited in the storm and surface water management utility fund created by TMC Chapter 14.28. Moneys so obtained shall be spent for the purposes allowed in that chapter. (Ord. 1932 § 1 (part), 2000; Ord. 2594 § 4, 2018) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.36.010 WATER AND SEWERS § 14.36.020 CHAPTER 14.36 UTILITY CONCURRENCY STANDARDS § 14.36.010. Water Supply — Concurrency Determination. A. All applicants for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic water supply and or water for fire flow purposes shall obtain a certificate of water availability from the water purveyor serving the area in which the proposal is located, if the site is served by a purveyor other than the City of Tukwila. The certificate shall confirm that the water purveyor has the necessary water rights and the water system capacity, including such water mains, pump stations and other facilities as may be necessary, to provide domestic water service and fire flow meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued or fire flow is required by the City Fire Marshal to protect combustible construction, whichever is earlier. B. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic water supply from the City of Tukwila shall be referred by the Department of Community Development to the Department of Public Works, which shall determine whether the City has the necessary water rights and the water system capacity, including such water mains, pump stations and other facilities as may be necessary, to provide domestic water service and fire flow meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued or fire flow is required by the City Fire Marshal to protect combustible construction, whichever is earlier. If adequate service is not available, the Department of Public Works shall determine and shall advise the applicant of the improvements which are necessary to provide service meeting City standards. (Ord. 1769 § 2 (part), 1996) § 14.36.020. Sewer System — Concurrency Determination. All applicants for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic sanitary sewer service shall comply with one of the following: 1. Submit proof that the applicant has received approval for an on-site sewage system design from the Seattle -King County Department of Environmental Health in accordance with the rules and regulations of the King County Board of Health. 2. Obtain a certificate of sewer availability from the sewer purveyor serving the area in which the proposal is located, if the site is served by a purveyor other than the City of Tukwila. The certificate shall confirm that the sewer purveyor has the necessary sewer system capacity, including such sewer mains, pump stations and other facilities as may be necessary, to provide sewer service meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will require sanitary sewer service from the City of Tukwila shall be referred by the Department of Community Development to the Department of Public Works, which shall determine whether the City has the necessary sewer system capacity, including such mains, pump stations and other facilities as may be necessary, to provide sanitary sewer service meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued. If adequate service is not available, the Department of Public Works shall Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 14.36.020 WATER AND SEWERS § 14.36.040 determine and shall advise the applicant of the improvements which are necessary to provide service meeting City standards. (Ord. 1769 § 2 (part), 1996) § 14.36.030. Mitigation. A. If water or sewer service to a project requiring such service from the City of Tukwila cannot meet City standards with existing facilities, the applicant shall be required to either: Complete the improvements required to provide such level of service; or 2. If the City anticipates that the improvements necessary to meet the City's water and sewer standards will be constructed within six years by a public capital facilities project, the applicant may pay a mitigation payment equal to the applicant's fair share of the cost of the improvements necessary to meet the City's water and sewer standards ; or 3. In appropriate cases, mitigation may consist of a combination of improvements constructed by the applicant and mitigation payments. B. In the event that the applicant agrees to complete improvements pursuant to TMC Section 14.36.030A.1, the applicant shall be entitled to apply to enter into a Latecomer Agreement with the City. (Ord. 1769 § 2 (part), 1996) § 14.36.040. Appeals. Any party seeking to appeal a mitigation requirement imposed by a City administrator under TMC Chapter 14.36 may file an appeal of a Type 1 decision as provided in TMC Section 18.104.010(B) and TMC Section 18.108.010(B). (Ord. 1847 § 6, 1998) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA Title 17 SUBDIVISIONS AND PLATS Chapter 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS § 17.08.010. Chapter 17.04 § 17.08.020. Chapter 17.14 GENERAL PROVISIONS DETAILED PROCEDURES FOR LONG § 17.08.040. Preliminary Applications. § 17.08.050. SUBDIVISIONS § 17.04.010. Title. § 17.08.060. Final Applications. § 17.04.020. Purpose. § 17.14.010. Scope. § 17.04.030. Scope and Exceptions. § 17.14.020. Decision Process. § 17.04.040. Definitions. § 17.14.030. Preliminary Applications. § 17.04.050. Dedications. § 17.14.040. Expiration of Preliminary § 17.04.060. Survey Content. Approval. § 17.04.070. Notification of Other § 17.14.050. Final Applications. Agencies. § 17.14.060. Phasing. § 17.14.070. Unit Lot Long Subdivisions. Chapter 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS § 17.08.010. Purpose. § 17.08.020. Scope. § 17.08.030. Decision Process. § 17.08.040. Preliminary Applications. § 17.08.050. Expiration of Preliminary § 17.12.050. Approval. § 17.08.060. Final Applications. Chapter 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLANS (BSIPS) § 17.16.010. § 17.16.020. § 17.16.030. § 17.16.040. § 17.16.050. Chapter 17.12 § 17.16.060. DETAILED PROCEDURES FOR SHORT § 17.16.070. SUBDIVISIONS § 17.16.080. § 17.12.010. Scope. § 17.12.020. Decision Process. § 17.12.030. Preliminary Applications. § 17.12.040. Expiration of Preliminary Approval. § 17.12.050. Final Applications. § 17.12.060. Limitations on Further Subdivision. § 17.12.070. Contiguous Short Subdivisions. § 17.12.080. Unit Lot Short Subdivisions. Downloaded from https://ecode360.com/TU6948 on 2025-10-21 Purpose. Applicability. Decision Process. Preliminary Applications. Expiration of Preliminary Approval. Final Applications. Improvements. Alterations and Vacations. Chapter 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND § 17.20.010. Applicability. § 17.20.020. Improvements, Supervision, Inspections and Permits Required. § 17.20.030. General Standards. § 17.20.040. Streets Standards Applicable to All Streets. § 17.20.050. Street Types and Type Specific Standards. City of Tukwila, WA TUKWILA CODE Chapter 17.24 Chapter 17.28 PROCEDURES FOR PUBLIC PENALTIES, SEVERABILITY, IMPROVEMENTS LIABILITY § 17.24.010. Purpose. § 17.28.010. Sale, Lease or Transfer of § 17.24.020. Plans and Permits Required Land in Violation of this for Public Improvements. Chapter. § 17.24.030. Process for Installing Public § 17.28.020. Penalties. Improvements. § 17.28.030. City Not Liable. § 17.24.040. Improvement Agreements § 17.28.040. Severability. and Financial Guarantees. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.04.010 SUBDIVISIONS AND PLATS § 17.04.050 CHAPTER 17.04 GENERAL PROVISIONS § 17.04.010. Title. A. This code shall be known as the "City of Tukwila Subdivision Code." (Ord. 2740, 10/17/2024) § 17.04.020. Purpose. A. The purpose of this code is to provide rules, regulations, requirements, and standards for subdividing land in the City, insuring that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that the character of the developing area is safeguarded and promoted; that proper provisions for all public facilities including circulation, utilities, open space, and services shall be made; and that the goals and policies of the Tukwila Comprehensive Plan are furthered through the subdivision of land. (Ord. 2740, 10/17/2024) § 17.04.030. Scope and Exceptions. A. Scope: The subdivision of land within the City of Tukwila shall comply with Chapter 58.17 RCW. 2. Where this code imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this code shall prevail. B. Exceptions: 1. This ordinance shall not apply to divisions and activities described as inapplicable in RCW 58.17.040; provided that boundary line adjustments and lot consolidations are subject to the provisions contained in TMC Chapter 17.08; provided further that binding site improvement plans are subject to the provisions contained in TMC Chapter 17.16. (Ord. 2740, 10/17/2024) § 17.04.040. Definitions. A. The definitions of the Zoning Code, TMC Chapter 18.06, are hereby adopted by reference. (Ord. 2740, 10/17/2024) § 17.04.050. Dedications. A. Act of Dedication: The intention to dedicate real property to the public shall be evidenced by showing the dedication on the plat prepared for approval. All dedications, including easements, rights - Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.04.050 TUKWILA CODE § 17.04.060 of -way and real property shall be clearly and precisely indicated on the face of the plat. Unless specifically noted otherwise on the plat, approval of the plat for recording shall constitute acceptance of the dedications. B. Public Streets: All portions of land shown on the final plat that are intended for public use shall be dedicated to the public, except for those public improvements approved by the City to be located in easements that provide for permanent public use. C. Certificate: If the project includes a dedication, the final plat shall include a certificate of dedication or reference to a separate written instrument which dedicates all required streets and other areas to the public. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by every person having any ownership interest in the lands divided and recorded as part of the final plat. D. Title Report: Every proposed final plat containing a dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the certificate of dedication. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.04.060. Survey Content. A. Information: All surveys submitted for boundary line adjustments, lot consolidations, short subdivisions, long subdivisions, binding site improvement plans, or any other permits, shall include the following information: The name of the plat, City of Tukwila file number, graphic scale and north arrow. The survey shall be done to a scale of one inch equals 100 feet unless otherwise approved by the Department, and shall be drawn with black drawing ink in record of survey format. 2. Existing features such as rivers, streets, railroads and structures. The lines and names of all existing or platted streets or other public ways, parks, playgrounds, and easements adjacent to the final plat, subdivision or dedication, including municipal boundaries, township lines, and section lines. 4. In the event the plat constitutes a replat, the lots, blocks, streets, etc., of the previous plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity. Legal description of the subdivision boundaries. A complete survey of the section or sections in which the plat or replat is located, if Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.04.060 SUBDIVISIONS AND PLATS § 17.04.060 necessary, including: a. All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision. Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this title. b. City boundary lines when crossing or adjacent to the subdivision. C. The location and width of streets and easements intersecting the boundary of the tract. d. Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearings, radii, arcs and central angles, points of curvature and tangent bearings. Tract boundaries, lot boundaries and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest one-hundredth foot. e. The width and location of existing and proposed easements and rights-of-way. Lot and block numbers beginning with the number one (1) and numbered consecutively without omission or duplication. Tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and any limitations. B. Statements: The plat shall include the following statements: 1. A statement to be signed by the Director of Public Works approving the survey data, the layout of the streets, alleys and other rights-of-way, design of bridges, sewage and water systems, drainage systems and other structures. 2. A certificate bearing the printed names of all persons having an interest in the subdivided land, signed by the persons and acknowledged by them before a notary public, consenting to the subdivision of the land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses, and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. A certificate with the seal of and signature of the surveyor responsible for the survey and final plat with the following statement: "I, , registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown thereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat." Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.04.060 TUKWILA CODE § 17.04.070 4. Certification from the King County Treasurer that all taxes and assessments for which the property may be liable have been duly paid, satisfied or discharged as of the date of certification. 5. Certification of examination and approval by the County Assessor. 6. Recording Certificate for completion by the King County Recorder's Office. 7. Certification of Examination and Approval by the Seattle -King County Health Department when the lot(s) are served by septic system(s). 8. City of Tukwila Finance Director Certificate that states there are no delinquent special assessments, and that all special assessments on any of the property that is dedicated as streets, alleys or for other public use are paid in full at the date of certification. Certification by the Director of Public Works that the applicant has complied with one of the following: a. All improvements have been installed in accordance with the requirements of this title and with the preliminary plat approval, and that original and reproducible records in a format approved by Public Works and meeting current Public Works drawing standards for road, utility and drainage construction plans certified by the designing engineer as being "as constructed" have been submitted for City records. b. An agreement and bond or other financial security have been executed in accordance with TMC Section 17.24.030 sufficient to assure completion of required improvements and construction plans. 10. Certificate of dedication pursuant to TMC Section 17.04.050.C. 11. For short subdivisions, binding site improvement plans, boundary line adjustments, and lot consolidations, a certificate of approval to be signed by the Director of the Department of Community Development, the Director of the Public Works Department, and the Fire Marshal. 12. For long subdivisions, a certificate of final approval to be signed by the Director of the Department of Community Development, consistent with the preliminary long subdivision approval issued by the Hearing Examiner. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.04.070. Notification of Other Agencies. A. Notice of the filing of an application for a preliminary subdivision within 1,000 feet of the municipal boundaries, or which contemplates the use of special use districts or other city's or town's utilities, shall be given to the appropriate special districts, county, city or town authorities. Notice of the filing of an application for a preliminary subdivision located adjacent to the right-of-way of a State highway shall be given to the State Department of Transportation. In addition, notice of all applications for preliminary subdivisions shall be submitted to the appropriate school district. All such notices shall include the hour, location, and purpose of the hearing and a description of the property to be divided. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.08.010 SUBDIVISIONS AND PLATS § 17.08.040 CHAPTER 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS § 17.08.010. Purpose. A. It is the intent to provide an efficient and timely process that allows consistent review; to ensure such actions do not create non -conformities with zoning and other city regulations; to provide a permanent record of boundary line adjustments and lot consolidations; and to ensure appropriate provisions are made for access and utility easements; in a manner consistent with RCW 58.17.040(6). (Ord. 2740, 10/17/2024) § 17.08.020. Scope. A. This chapter applies to all boundary line adjustments and lot consolidations which are otherwise exempt from RCW 58.17.040(6), Subdivision Regulations. (Ord. 2740, 10/17/2024) § 17.08.030. Decision Process. A. Applications for boundary line adjustments and lot consolidations shall be processed as Type 1 decisions, subject to the provisions of TMC Chapter 18.104. (Ord. 2740, 10/17/2024) § 17.08.040. Preliminary Applications. A. Application Requirements: Applications for preliminary boundary line adjustments and lot consolidations shall meet the permit submittal requirements found at TMC Section 18.104.060. B. Criteria for Boundary Line Adjustment or Lot Consolidation Approval: In order to approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee shall determine the project complies with the following criteria: No additional lots, sites, parcels, tracts or divisions are created. 2. The adjustment will not create non -conforming lots with respect to zoning dimension and area standards, zoning setbacks and lot area coverage standards. The adjustment shall not result in the creation of lots with split zoning. 3. The degree of non-conformance on existing non -conforming lots with respect to zoning dimension and area standards, zoning setbacks and floor area ratio are not increased. 4. All lots have legal access to a public road. Existing required private access road improvements and easements are not diminished below subdivision ordinance standards for lots that are served by a private access road. 5. Existing easements for utilities are appropriate for their intended function, or they are extended, moved or otherwise altered to an appropriate location. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.08.040 TUKWILA CODE § 17.08.060 6. The adjustment does not create any non -conformities with respect to the Uniform Building Code or any other locally administered regulation. C. Modifications to a Preliminary Approval: 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 1 decision, based on review and recommendations of the Short Subdivision Committee. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase or decrease the number of lots beyond the number previously approved. b. Do not require a change in the design or location of stormwater systems or roadways. C. May realign lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the boundary line adjustment or lot consolidation to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.08.040.C.1.a through e. 2. Modifications proposed by the applicant which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision require the applicant to withdraw the current application and submit a new application. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.08.050. Expiration of Preliminary Approval. A. The preliminary boundary line adjustment or lot consolidation application shall expire if it has not been recorded within one (1) year from the date of approval. B. Where all conditions of approval of the preliminary boundary line adjustment or lot consolidation have been satisfied, and all required documents have been submitted within the one (1) year filing period, the Director may grant a single extension of up to one hundred eighty (180) days for the processing and recording of the final boundary line adjustment or lot consolidation. (Ord. 2740, 10/17/2024) § 17.08.060. Final Applications. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.08.060 SUBDIVISIONS AND PLATS § 17.08.060 A. Application Requirements: Applications for final boundary line adjustments and lot consolidations shall meet the permit submittal requirements set forth in TMC Section 18.104.060. B. Criteria for Approval: To grant final approval of a boundary line adjustment or lot consolidation, the Director must determine that it meets the following decision criteria: 1. All requirements for boundary line adjustments or lot consolidations as set forth in the Subdivision Code are met. 2. All terms of the preliminary boundary line adjustment or lot consolidation approval have been met. 3. The requirements of all applicable state laws and any City ordinances have been met. 4. All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC Section 17.24.040 has been entered into by the applicant and accepted by the City. 5. The boundary line adjustment or lot consolidation is technically correct and accurate as certified by the land surveyor responsible for the plat. C. Filing Procedures: Upon receiving approval from the City, the applicant will be responsible for picking up the documents from the Department and recording them with King County Recorder's Office. A notification of recording that includes the filed recording number must be provided to the Department in order to deem the application finaled. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.12.010 SUBDIVISIONS AND PLATS § 17.12.030 CHAPTER 17.12 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS § 17.12.010. Scope. A. Any land being divided into nine (9) or fewer parcels, lots, unit lots, tracts or sites for the purpose of sale, lease, or gift, any one of which is less than twenty (20) acres in size, shall meet the requirements of this chapter. (Ord. 2740, 10/17/2024) § 17.12.020. Decision Process. A. Applications for short subdivisions shall be processed as Type 2 decisions, subject to the provisions of TMC Chapter 18.104. (Ord. 2740, 10/17/2024) § 17.12.030. Preliminary Applications. A. Application Requirements: Applications for preliminary short subdivisions shall meet the permit submittal requirements found at TMC Section 18.104.060. B. Review Procedures: 1. Referral to Other Departments: Upon receipt of an application for a short subdivision, the Director shall route the application to each member of the Short Subdivision Committee and any other department or agency deemed necessary. 2. Short Subdivision Committee Decision: The Short Subdivision Committee may approve, approve with modifications, or deny the application. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. C. Criteria for Preliminary Short Subdivision Approval. The Short Subdivision Committee shall base its decision on an application on the following criteria: 1. The proposed short subdivision is in conformance with the Tukwila Comprehensive Plan, and any other such adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal that are consistent with current standards and plans. 3. Appropriate provisions have been made for access, utilities and other improvements that are consistent with current standards and plans. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.12.030 SUBDIVISIONS AND PLATS § 17.12.040 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. Appropriate provisions for the maintenance of commonly owned private facilities have been made. 7. The short subdivision complies with the relevant requirements of the Tukwila Subdivision Ordinance. 8. The short subdivision complies with the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. D. Modifications to a Preliminary Short Subdivision Approval: Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of the Short Subdivision Committee. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase or decrease the number of lots beyond the number previously approved. b. Do not require changes to the design or location of stormwater systems or roadways in the project. C. May realign internal lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the short subdivision to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.12.030.D. La through e. 2. Modifications proposed by the applicant which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision require the applicant to withdraw the current application and submit a new application. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.12.040. Expiration of Preliminary Approval. A. If the preliminary short subdivision is not recorded within three (3) years of the date of preliminary short subdivision approval, the preliminary short subdivision application shall Downloaded from https://ecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.12.040 TUKWILA CODE § 17.12.060 become null and void. B. Where all conditions of approval of the preliminary short subdivision have been satisfied, and all required documents have been submitted within the three (3) year filing period, the Director may grant a single extension of up to one hundred eighty (180) days for the processing and recording of the final short subdivision. (Ord. 2740, 10/17/2024) § 17.12.050. Final Applications. A. Application Requirements: Applications for final short subdivisions shall meet the permit submittal requirements found at TMC Section 18.104.060. B. Final Approval Review Procedures: The Short Subdivision Committee may grant final approval of the short subdivision when they find the criteria listed in TMC Section 17.12.030.0 have been met. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. 2. Upon final approval of the short subdivision, the applicant shall record the plat and all other relevant documents with the King County Recorder's Office. The applicant is responsible for paying the recording fee(s). Upon completion of recording, the applicant shall provide the Department with a copy of the recorded documents. The short plat shall not be considered final until these documents have been provided to the Department. C. Criteria for Approval: To grant final approval of a short subdivision, the Short Subdivision Committee must determine that it meets the following decision criteria: 1. All requirements for short subdivisions as set forth in the Subdivision Code are met. 2. All terms of the preliminary short subdivision approval have been met. 3. The requirements of RCW 58.17, other applicable state laws, and any other applicable City ordinances have been met. 4. All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC Section 17.24.030 has been entered into by the applicant and accepted by the City. 5. The subdivision is technically correct and accurate as certified by the land surveyor responsible for the plat. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.12.060. Limitations on Further Subdivision. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.12.060 SUBDIVISIONS AND PLATS § 17.12.080 A. Any land subdivided under the requirements of this chapter shall not be further divided for a period of five (5) years without following the procedures for subdivision, except when the short plat contains fewer lots than allowed for a short subdivision, in which case an additional short subdivision may be approved if the total number of lots within the boundaries of the original short subdivision does not exceed nine (9). (Ord. 2740, 10/17/2024) § 17.12.070. Contiguous Short Subdivisions. A. No application for a short subdivision shall be approved if the land being divided is held in common ownership with a contiguous parcel which has been divided in a short subdivision within the preceding five (5) years and the total number of lots created in both short subdivisions would exceed nine (9). When the total number of lots exceeds four (4) but is less than ten (10), the paving, curb, gutter and sidewalk shall be provided per TMC Section 17.20.030.C.6.c(l). (Ord. 2740, 10/17/2024) § 17.12.080. Unit Lot Short Subdivisions. A. Sites developed or proposed to be developed with residential units may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. B. Subsequent divisions of the land, or additions or modifications to the structure(s), may not create or increase any nonconformity of the parent lot. C. Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common play areas), and other similar features, as recorded with the King County Recorder's Office. D. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is reflected by an easement on the plat, as recorded with the King County Recorder's Office. E. The fact that development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat, as recorded with the King County Recorder's Office. F. Construction of dwelling foundations may commence prior to final unit lot short subdivision approval, provided that: The proposed unit lot short subdivision has received preliminary approval, and the necessary financial sureties have been filed to assure construction of required public improvements; Partial or complete construction of structures shall not relieve the applicant from, nor impair City enforcement of, conditions of approval; 3. Construction shall not proceed beyond foundations, and units shall not be rented or sold, nor occupancy permits issued, until final unit lot short subdivision approval is granted. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.010 SUBDIVISIONS AND PLATS § 17.14.030 CHAPTER 17.14 DETAILED PROCEDURES FOR LONG SUBDIVISIONS § 17.14.010. Scope. A. Any land being divided into ten (10) or more parcels, lots, unit lots, tracts or sites, for the purpose of sale or gift, any one of which is less than twenty (20) acres in size, or any land which has been divided under the short subdivision procedures within five (5) years and is not eligible for further short subdivisions, pursuant to TMC Section 17.12.010, shall conform to the procedures and requirements of this chapter. (Ord. 2740, 10/17/2024) § 17.14.020. Decision Process. A. Preliminary Long Subdivisions: Applications for preliminary long subdivisions shall be processed as Type 3 decisions subject to the provisions of TMC Chapter 18.104. Final Long Subdivisions: Applications for final long subdivisions shall be processed as Type 2 decisions subject to the provisions of TMC Chapter 18.104. (Ord. 2740, 10/17/2024) § 17.14.030. Preliminary Applications. A. Application Requirements: Applications for preliminary long subdivisions shall meet the permit submittal requirements found at TMC Section 18.104.060. B. Review Procedures: 1. Referral to Other Offices: Upon receipt of a complete preliminary long subdivision application, the Director shall transmit a notice of application and the preliminary long subdivision application materials to each of the following offices, where appropriate: Public Works, Building Division, Fire Marshal, Police Department, King County Health Department, the appropriate school district, and each public utility agency serving the area in which the property proposed for long subdivision is located. 2. Departmental Review: The other interested departments and agencies shall review the preliminary long subdivision and may submit to the Department written comments with respect to the preliminary long subdivision decision criteria. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.030 SUBDIVISIONS AND PLATS § 17.14.030 3. Public Notice and Public Hearing: The process for public notice, hearings, decisions and appeals shall be as provided for Type 3 decisions as identified in TMC Title 18, "Zoning Code." C. Criteria for Preliminary Long Subdivision Approval: The decision -maker shall base its decision on an application for preliminary long subdivision on the following criteria: The proposed long subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal that are consistent with current standards and plans. 3. Appropriate provisions have been made for access, utilities and other improvements that are consistent with current standards and plans. 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. The proposed long subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations. 7. Appropriate provisions for maintenance of privately owned common facilities have been made. 8. The proposed long subdivision complies with RCW 58.17.110. D. Modifications to an Approved Preliminary Long Subdivision: Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of City departments including Public Works, Fire, Building, and Planning. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase or decrease the number of lots beyond the number previously approved. b. Do not require changes to the design or location of stormwater systems or roadways in the project. C. May realign internal lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the long subdivision. e. Are consistent with applicable development standards and will not cause the Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.030 TUKWILA CODE § 17.14.040 long subdivision to violate any applicable City policy or regulation. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.14.030.D. La through e. 2. Modifications proposed by the applicant which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision require the applicant to withdraw the current application and submit a new application. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.14.040. Expiration of Preliminary Approval. A. Expiration Period: The preliminary long subdivision application shall expire unless a complete application for final long subdivision meeting all requirements of this chapter is submitted to the Director within five (5) years of the date of preliminary long subdivision approval; provided that the Director may extend a preliminary long subdivision pursuant to this section. B. Extensions: Extension(s) shall be requested in writing and are subject to the criteria set forth in TMC 17.14.040.C. The extension(s) shall be subject to the following time limitation: Preliminary long subdivisions shall expire within five (5) years from the date of the preliminary approval; provided that the applicant has the option of requesting a single 1 -year extension, for a maximum of six (6) years from the date of the preliminary approval to the date of recording of the final phase. C. Criteria for Granting Extensions: The following criteria shall be used to review an extension request for a preliminary long subdivision: A written request for extension is filed at least 30 days before the expiration of the preliminary long subdivision; and 2. Unforeseen circumstances or conditions that are not the result of voluntary actions of the applicant necessitate the extension of the preliminary long subdivision; and Conditions within the subject property or immediately adjacent to the subject property have not changed substantially since the preliminary long subdivision was first approved; and 4. An extension of the preliminary long subdivision will not cause substantial detriment to existing uses in the immediate vicinity of the subject property or to the community as a whole; and Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.040 SUBDIVISIONS AND PLATS § 17.14.050 5. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and The preliminary long subdivision complies with applicable City code provisions in effect on the date the application for extension was made. D. Process for Granting Extensions: Applicant shall request the extension in writing prior to the expiration of the preliminary long subdivision approval. The request shall include discussion of how it complies with the criteria listed under TMC Section 17.14.040.C. The Director shall review and approve requests for an extension of a preliminary long subdivision. The Director shall provide 14 -day notice to all parties of record for the preliminary long subdivision approval prior to making the decision on the extension. The Director's decision will also be provided to all parties of record. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.14.050. Final Applications. A. Application Requirements: Applications for final long subdivisions shall meet the permit submittal requirements found at TMC Section 18.104.060. B. Review Procedures: 1. Referral to Other Departments and Agencies: The Director shall distribute the final long subdivision application to all departments and agencies who received the preliminary long subdivision, and to any other departments, special purpose districts and other governmental agencies deemed necessary. 2. Departmental Approval: The other interested departments and agencies shall review the final long subdivision and may submit to the Department written comments with respect to the final long subdivision decision criteria. If the final long subdivision is in order, the Director of Public Works shall sign the appropriate certificates on the face of the plat. 3. Filing Final Long Subdivision: a. Before the final long subdivision is submitted to the Director, it shall be signed by the Director of the Finance Department and the Director of the Department of Public Works. Upon approval by the Director, it shall be signed by the Mayor and attested by the City Clerk. b. The applicant shall file the final long subdivision with the King County Recorder's Office. The long subdivision will be considered complete when a copy of the recorded documents is returned to the Director. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.050 TUKWILA CODE § 17.14.060 C. Criteria for Final Long Subdivision Approval: In approving the final long subdivision, the Director shall find: That the proposed final long subdivision bears the required certificates and statements of approval. 2. That a title insurance report furnished by the applicant confirms the title of the land, and the proposed long subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. That the facilities and improvements required to be provided by the applicant have been completed or, alternatively, that the applicant has submitted with the proposed final long subdivision a performance bond or other security in conformance with TMC Section 17.24.030. 4. That the long subdivision is certified as accurate by the land surveyor responsible for the long subdivision. That the long subdivision is in conformance with the approved preliminary long subdivision. 6. That the long subdivision meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary long subdivision approval. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.14.060. Phasing. A. Approval of Phasing Plan: The applicant may develop and record the long subdivision in phases. Any phasing proposal shall be submitted for Hearing Examiner review at the time at which a preliminary long subdivision is submitted. Approval of the phasing plan shall be based upon making the following findings: The phasing plan includes all land contained within the approved preliminary long subdivision, including areas where off-site improvements are being made. 2. The sequence and timing of development is identified on a map. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. The first phase submitted for final long subdivision approval must be recorded within five (5) years of the date of preliminary approval, unless an extension is granted pursuant to TMC Section 17.14.040.B, C and D. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.14.060 SUBDIVISIONS AND PLATS § 17.14.070 (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.14.070. Unit Lot Long Subdivisions. A. Sites developed or proposed to be developed with residential uses may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. B. Subsequent subdivision actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot. C. Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common play areas), and other similar features, as recorded with the King County Recorder's Office. D. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is formalized by an easement on the plat, as recorded with the King County Recorder's Office. E. The fact that development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat, as recorded with the King County Recorder's Office. F. Construction of dwelling foundations may commence prior to final unit lot long subdivision approval, provided: 1. The proposed unit lot long subdivision has received preliminary approval, and the necessary financial sureties have been filed to assure construction of required public improvements; 2. Partial or complete construction of structures shall not relieve the applicant from, nor impair City enforcement of conditions of, long subdivision approval; 3. Construction shall not proceed beyond foundations, and units shall not be rented or sold, nor occupancy permits issued, until final unit lot long subdivision approval is granted. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.010 SUBDIVISIONS AND PLATS § 17.16.040 CHAPTER 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLANS (BSIPs) § 17.16.010. Purpose. A. This chapter is established to: 1. Provide an optional process for land under single ownership to be divided for the purpose of sale or lease; 2. Accommodate the division of land for the purpose of sale or lease of property within an integrated commercial or industrial center, which allows certain zoning standards (minimum parking, setbacks, landscaping, lot area and lot dimension) on the individual lots to be modified provided the standards for the entire center are met; 3. Facilitate alternative ownership options by allowing BSIPs in conjunction with a condominium process for residential, commercial, or industrial purposes (RCW 64.34); 4. Allow phased infrastructure improvements for large tracts of land. (Ord. 2740, 10/17/2024) § 17.16.020. Applicability. A. Eligibility: A BSIP application may be submitted for a project located on any land zoned multi -family, commercial, or industrial, consistent with the terms of this chapter. B. Construction Authorization Through Other Permits: A BSIP creates or alters existing lot lines. A BSIP does not authorize construction. Construction is permitted upon approval of construction and building permits that implement the BSIP. (Ord. 2740, 10/17/2024) § 17.16.030. Decision Process. A. Applications for BSIPs shall be processed as Type 2 decisions subject to the provisions of TMC Chapter 18.104. (Ord. 2740, 10/17/2024) § 17.16.040. Preliminary Applications. A. Application Requirements: Applications for preliminary BSIPs shall meet the permit submittal requirements found at TMC Section 18.104.060. B. Review Procedures: Applications for preliminary BSIPs shall be reviewed in the same manner prescribed in Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.040 SUBDIVISIONS AND PLATS § 17.16.040 TMC Section 17.12.030(B) for preliminary short subdivisions. C. Approval Criteria: Prior to approval of any BSIP, the Short Subdivision Committee shall ensure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed plan and the decision criteria that follow are met: a. Adequate water supply. b. Adequate sewage disposal. C. Appropriate storm drainage improvements. d. Adequate fire hydrants. e. Appropriate access to all anticipated uses within the plan. f. Provision for all appropriate deed, dedication, and/or easements. g. Monumentation of all exterior tract corners. 2. Legal Lots: a. Residential BSIPs shall consist of one or more contiguous legally -created lots and each lot shall meet the minimum dimensional requirements of the applicable zone or overlay district. b. If the site will contain commercial or industrial uses, or mixed-use commercial and residential uses, the lots shall meet the minimum dimensional requirements of the zoning district or meet the definition of "integrated site" in TMC Chapter 18.06, such that when taken as a whole and not considering interior lot lines, the integrated site meets all applicable zoning and subdivision requirements. Appropriate easements and maintenance agreements for shared facilities, including but not limited to, circulation, parking, utilities and landscaping, have been provided. 4. Modifications to the minimum zoning standards for individual lots located within the integrated site, including setbacks, parking, landscaping, lot area and lot dimension, are not detrimental to the public health, safety and welfare, do not adversely affect the rest of the integrated site or other properties in the vicinity, and do not impede planned street, trail or pedestrian networks for the neighborhood or district. Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. The circulation system incorporates appropriate provisions for safe pedestrian activity to the site from the street and from building to building within the site. 8. The sign regulations shall be applied to the integrated site as a whole. For example, Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.040 TUKWILA CODE § 17.16.060 the number of freestanding signs allowed is based on one (1) site within the BSIP. Individual ownerships within the integrated site are not considered to be separate sites in determining the number of freestanding signs allowed. The requirements of the Washington State Building Code are met. 10. The BSIP shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded BSIP. 11. Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the BSIP. 12. The BSIP shall be consistent with any City approved master plans and development agreements. D. Additional Approval Criteria for BSIPs Proposing Condominium Ownership: Condominium developments are eligible for BSIP approval when the purpose of such approval is to divide the property so a portion of the parcel or tract can be subjected to either RCW Chapter 64.32 or 64.34. A BSIP can only be approved when the development has already been constructed or when the approval has been obtained and a building permit for an entire development or a portion of a development is issued. (Ord. 2740, 10/17/2024; Ord. 2755, 3/4/2025) § 17.16.050. Expiration of Preliminary Approval. A. If the BSIP is not recorded within three (3) years of the date of the preliminary BSIP, the BSIP shall become null and void. Upon written request by the applicant prior to the expiration date, the Short Subdivision Committee may grant one (1) extension of not more than one (1) year. B. Where all conditions of approval of the BSIP have been satisfied, and all required documents have been submitted within the three (3) year filing period, the Director may grant a single extension of up to one hundred eighty (180) days for the processing and recording of the final BSIP. (Ord. 2740, 10/17/2024) § 17.16.060. Final Applications. A. Application Requirements: Applications for final BSIPs shall meet the permit requirements found at TMC Section 18.104.060. B. Final Approval Review Procedures: The Short Subdivision Committee may grant final approval of the BSIP when they find that the survey, plan and other documents for recording are consistent with the preliminary approval. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.060 SUBDIVISIONS AND PLATS § 17.16.070 C. 2. Upon final approval of the BSIP, the applicant shall record the plat and all other relevant documents with the King County Recorder's Office. The applicant is responsible for paying the recording fee(s). Upon completion of recording, the applicant shall provide the Department with a copy of the recorded documents. The BSIP shall not be considered final until these documents have been provided to the Department. Binding Effect: Approved BSIPs shall be binding and shall be enforceable by the City. All provisions, conditions and requirements of the BSIP shall be legally enforceable on the purchaser or on any person acquiring a lease or other ownership interest of any lot, tract, or parcel created pursuant to the BSIP. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.16.070. Improvements. A. Applicability: The following requirements shall be met for each BSIP prior to the issuance of a building permit for construction within a BSIP. Sites that have already been fully improved with existing streets, alleys, sidewalks, utilities, and other required infrastructure are exempt from these improvement requirements. However, if a site includes unimproved streets or infrastructure elements that do not meet current standards, staff may require certain improvements as necessary. 1. Improvements Required: Consistent with TMC Chapter 17.20, and subject to any applicable development agreement, the following tangible improvements shall be provided, either by actual construction or a construction schedule approved by the City and bonded by the applicant, before a BSIP may be recorded: a. Grading and paving of streets and alleys; b. Installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs; together with all related appurtenances to the specifications and standards of this code, approved by the Short Subdivision Committee, and in accordance with other standards of the City. 2. Permits: A separate construction permit will be required for improvements. 3. Modifications: Proposals that contain commercial uses, industrial uses, or mixed -uses (commercial and residential), and that meet the definition of "integrated site" in TMC Chapter 18.06, are not required to submit a modification request. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.16.070 TUKWILA CODE § 17.16.080 B. Phasing of Improvements: To satisfy improvement requirements, the Short Subdivision Committee is authorized to impose conditions and limitations on the BSIP. If the Short Subdivision Committee determines that any delay in satisfying requirements will not adversely impact the public health, safety or welfare, the Committee may allow requirements to be satisfied prior to: Issuing the first building permit for the site; or 2. Issuing the first building permit for any phase; or Issuing a specific building's certificate of occupancy; or 4. In accordance with an approved phasing plan; or 5. In accordance with plans established by a development agreement or as otherwise permitted or required by the TMC. (Ord. 2740, 10/17/2024;Ord. 2764, 6/9/2025) § 17.16.080. Alterations and Vacations. A. Alteration: Alteration of an approved BSIP, excluding standard easements for utilities and lot line adjustments, shall be accomplished following the same procedures required for a new BSIP application as set forth in this chapter; provided, that only owners of lots within the BSIP that are directly affected by the proposed alteration shall be required to authorize application for the alteration. If a property subject to a BSIP approval is the subject of a development agreement, the alteration of the approved BSIP shall not require an amendment to the development agreement or approval by the City Council and, after approval and recording, shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. B. Vacation: Vacation of a recorded BSIP shall be accomplished by following the same procedures required for a new BSIP application as set forth in this chapter. If a portion of a BSIP is vacated, the property subject to the vacation shall constitute one lot, and the balance of the approved BSIP shall remain as approved. Any non -conformities created by such a vacation must be remedied prior to final approval of the vacation. If a BSIP property subject to a BSIP approval is the subject of a development agreement, the vacation of the approved BSIP, whether total or partial, shall not require an amendment to the development agreement or approval by the City Council and, after approval and recording shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. (Ord. 2740, 10/17/2024) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.010 SUBDIVISIONS AND PLATS § 17.20.030 CHAPTER 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND' § 17.20.010. Applicability. The standards contained in this chapter are to be used as the basic standards for addressing the approval criteria for subdivisions, boundary line adjustments, lot consolidations, and BSIPs. The decision making entity may require additional standards be met if it is determined necessary to meet the approval criteria for a particular application. (Ord. 2764, 6/9/2025) § 17.20.020. Improvements, Supervision, Inspections and Permits Required. A. Required Improvements: Every applicant may be required to grade and pave streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers, water mains, fire hydrants, street lights and name signs, together with all appurtenances in accordance with specifications and standards of this code, approved by the Public Works Department, and in accordance with other standards of the City. B. Supervision and Inspection: A licensed engineer or engineering firm, acceptable to the Department of Public Works, shall be responsible for the supervision and inspection of all subdivision improvements. All improvements shall be certified in writing as completed in accordance with plans and specifications as approved by the Department of Public Works. C. Permits: Prior to proceeding with any improvements, the applicant shall obtain those permits from the City as are necessary. The applicant is also responsible for complying with all applicable permit requirements of other Federal, State and local agencies. (Ord. 2764, 6/9/2025) § 17.20.030. General Standards. A. Environmental Considerations: 1. Critical Areas: a. Land that contains a critical area or its buffer as defined in TMC Title 18, or is subject to the flood zone control ordinance as defined in TMC 16.52, shall be subdivided to reflect the standards and requirements of TMC 18.45 (Environmentally Critical Areas), and/or TMC 18.46 (Planned Residential Development (PRD)), and/or TMC 16.52 (Flood Plain Management). b. No lot shall be created that does not contain an adequate building site, given the 1. Editor's Note: Former Chapter 17.20, Design and Improvement Standards for the Subdivision of Land, adopted by Ord. 2740, was repealed by Ord. 2764, 6/9/2025. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.030 TUKWILA CODE § 17.20.030 environmental considerations of the lot and current development standards. 2. Trees: In addition to meeting all applicable requirements of TMC Title 18, every reasonable effort shall be made to preserve existing trees and vegetation and integrate them into the subdivision's design. Unless impractical for reasons not the fault of the applicant, property lines shall be designed such that all existing significant trees are located on a single parcel. Any existing significant trees for which ownership will be shared between more than one property owner shall have a tree maintenance agreement placed on the face of the plat. B. Compatibility with Existing Land Use and Plans: 1. Buffer Between Uses: Where residential or mixed-use subdivisions are proposed adjacent to land use districts which permit exclusively commercial or industrial uses, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be provided. 2. Conformity with Existing Plans: The location of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions shall be made for reservation of the right-of-way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. 3. Other City Regulations: All subdivisions shall comply with all adopted City regulations. In the event of a conflict, the more restrictive regulation shall apply. 4. Accessory Structures: If a subdivision, short subdivision, or boundary line adjustment in a residential zone would result in an accessory structure remaining alone on a lot, the structure must be demolished before preliminary approval, or the owner must provide a bond or other financial guarantee acceptable to the Director in the amount of 150% of the cost of demolition and assurance that the accessory structure will be demolished if a primary use is not established on the lot within 12 months of final approval. C. Utilities: 1. Generally: All utilities designed to serve the subdivision shall be placed underground and, if located within a critical area, shall be designed to meet the standards of the critical areas overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.030 SUBDIVISIONS AND PLATS § 17.20.030 Works; such installation shall be completed and approved prior to application of any surface materials. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. 2. Sanitary Sewers: Sanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle -King County Department of Public Health and when the existing sewer system will not be available to the lot within the life of the preliminary approval. 3. Storm Drainage: The storm drainage collection system shall meet the requirements of the City's stormwater ordinance standards found at TMC Chapter 14.28 and TMC Chapter 14.30. 4. Water System: Each lot within a proposed subdivision shall be served by a water distribution system designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Uniform Fire Code. D. Blocks: 1. Length: Residential blocks shall not be less than 300 feet nor more than 1,000 feet in length (600 - 2,000 feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Director may require one or more public pathways of not less than six feet nor more than 15 feet in width, either by dedication or easement, to extend entirely across the width of the block to connect public rights-of-way. 2. Width: Blocks shall be wide enough to allow two tiers of lots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the Director may approve a single tier. 3. Pedestrian Considerations: Blocks, roads, and pedestrian improvements, shall be designed to provide a safe and convenient pedestrian network. E. Lots: 1. Arrangement: Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each proposed lot shall have access to a public street. New flag Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.030 TUKWILA CODE § 17.20.030 lots shall not be permitted. Access requirements may be met by establishing common drive easements. 2. Lot Design: The lot area, width, shape, and orientation, shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and shall conform with the requirements of the zoning ordinance. 3. Corner Lots: Corner lots may be required to be designed with additional width to allow for the additional side yard requirements. F. Landscaping: Landscaping shall conform with Public Works standards and the requirements of TMC Title 18. G. Street Signs: The applicant shall be responsible for the initial cost of any street name or number signs, or street markings, including installation thereof, that Public Works finds necessary for the subdivision. H. Lighting: Street lighting shall conform to the Department of Public Works standards unless the Director of Public Works requires alternative fixtures, poles, and/or spacing to contribute to an overall design concept of the subdivision. I. Monumentation: 1. Imprinted Monument: All monuments set in subdivisions shall be at least 1/2 inch x 24 -inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument. 2. Centerline Monument: After paving, except as provided in TMC Section 17.20.030.I.4, monuments shall be driven flush with the finished road surface at the following intersections: a. Centerline intersections. b. Points of intersection of curves if placement falls within the paved area; otherwise, at the beginnings and endings of curves. C. Intersections of the plat boundaries and street center lines. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.030 SUBDIVISIONS AND PLATS § 17.20.040 Property Line Monumentation: All front corners, rear corners, and beginnings and endings of curbs shall be set with monuments, except as provided in TMC Section 17.20.030.I.4. In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used, it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance. 4. Post-Monumentation: All monuments for exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within 90 days of final subdivision construction inspection by the Department of Public Works, and if the developer guarantees such interior monumentation. 5. Post-Monumentation Bonds: In lieu of setting interior monuments prior to final plat recording as provided in TMC Section 17.20.030.I.2 the Director of Public Works may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method as the Director of Public Works may require, providing for and securing the actual setting of the interior monuments. (Ord. 2764, 6/9/2025) § 17.20.040. Streets Standards Applicable to All Streets. A. Extension: Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the Director in approval of the subdivision. Where appropriate, streets shall be extended to the boundaries of the subdivision to ensure access to neighboring properties. The City's goal is to have an integrated system of local streets whenever practical. Grading of steep topography may be necessary to achieve this objective. However, in critical areas, the layout and construction of streets shall follow the standards and procedures of TMC Chapter 18.45. B. Frontage Dedication: Dedication of property as right-of-way along frontages may be required when it is necessary to meet the minimum street width standards or when lack of such dedication would cause or contribute to an unsafe road or intersection. C. Names: All proposed street names or numbers shall be subject to approval by the Department of Community Development. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.040 TUKWILA CODE § 17.20.040 D. Intersections: Any intersection of streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. E. Street Layout: Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into consideration potential circulation solutions. While it is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where critical areas are impacted, the standards and procedures for rights-of-way in TMC Chapter 18.45 shall be followed. F. Privately Owned Streets: Privately owned streets shall only be authorized when they meet the following criteria: a. Allowing privately owned streets in the area being subdivided will not adversely affect future circulation or access to neighboring properties; and b. Adequate and reasonable provisions are made for the future maintenance and repair of the proposed privately owned streets; and C. The proposed privately owned streets can accommodate potential full (future) development on the lots created; and d. The City of Tukwila determines that dedication of the proposed street as right- of-way is unnecessary due to potential traffic volume, street patterns, land use, lot patterns, or any other metric. 2. Privately owned streets shall meet the minimum requirements of the appropriate street type for the proposed project. See TMC Section 17.20.050 for street types. An applicant may choose a smaller width for a privately owned street, provided the width meets all life safety requirements. The Department of Community Development shall establish alternative widths when necessary to meet the minimum requirements of life safety standards, or if the City determines additional street components are needed due to site circumstances, including, but not limited to: topography, traffic volume, street patterns, on -street parking, lot patterns, land use, or the need for additional pedestrian, bicycle, or transit facilities. 3. Public Access: Privately owned streets shall provide permanent public access for non -motorized travel via easements. Access to privately owned streets by pedestrians or bicyclists shall not be blocked by any physical obstructions. Sidewalks installed on privately owned streets shall connect to any existing sidewalk network on adjacent streets. Terms of the public access may be established; however, terms may not include restrictions on bicycle usage of vehicle lanes or prohibitions of usage by the public after 6:00 AM or before 10:00 PM. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.040 SUBDIVISIONS AND PLATS § 17.20.040 a. Exceptions: Requirements for providing public access may be waived by the Department if the applicant can demonstrate one or of the following: (1) Allowing public access would expose the public to unavoidable health or safety hazards, such as active railroad tracks or hazardous chemicals related to the primary use, that cannot be prevented by any practical means; or (2) The area is limited to authorized personnel and inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; or (3) Allowing public access would cause unavoidable environmental harm, that cannot be adequately mitigated; or (4) Public access is not feasible due to the configuration of existing parcels, structures, or streets, such that potential access areas are blocked in a way that cannot be remedied reasonably by the proposed development; or (5) Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated. G. Public Streets: 1. Streets that do not meet the criteria found at TMC Section 17.20.040.F.1 shall be designated as public streets. 2. The minimum total width of the right-of-way and the minimum width of the street components for public streets shall be as shown in TMC Section 17.20.050. The City shall establish the appropriate street type for all existing and proposed new streets. The Department of Community Development shall require alternative widths when necessary to meet the minimum requirements of life safety standards, or if the City determines additional street components are needed due to site circumstances, including but not limited to: topography, traffic volume, street patterns, on -street parking, lot patterns, land use, or the need for additional pedestrian, bicycle, or transit facilities. H. Street Components and Improvement Requirements: All new streets, all streets interior to a subdivision, and the half of all streets that abut the perimeter of a subdivision, shall use the following general component standards. These standards shall also be used for improvements to the frontages of parcels undergoing development, when required by TMC Title 18. Standards specific to each of the street types may be found at TMC Section 17.20.050.13, or in the Tukwila Infrastructure Design and Construction Standards. Alternative designs may be considered provided they meet the goals of the comprehensive plan and this chapter and comply with all life -safety requirements. In areas of conflict between this section and any other adopted standard, including the Tukwila Infrastructure Design and Construction Standards, the standards of this section shall be used. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.040 TUKWILA CODE § 17.20.040 1. Sidewalks: a. All new sidewalks shall be a minimum of 6 feet in width. b. No obstacle, including utilities or street furniture, shall be placed within the required sidewalk space. 2. On -Street Parking: Streets may provide parallel on -street parking. a. On -street parking lanes may not exceed 9 feet in width. b. On -street parking spaces may be counted toward minimum parking requirements for proposed uses within the associated project. C. All streets with on -street parking lanes shall feature, at a minimum, a 6 -foot wide buffer zone adjacent to the curb. The buffer zone shall be installed between the sidewalk and the parking lane. 3. Intersections and Crossings: a. Pedestrian crossings at intersections and driveway entrances shall be raised to curb height. b. On -street parking lanes shall end at least 20 feet from each intersection. C. New streets with on -street parking shall feature curb bulbs at intersections to shorten pedestrian crossing distances. d. All intersections shall feature crosswalks, and, if determined necessary by the Department, pedestrian crossing signage. I. Street Design: The design and alignment of all new streets shall conform to the following standards unless otherwise approved by the Department: 1. Cul -de -Sacs: New cul-de-sacs shall not be permitted. 2. Curbs and Gutters: All new streets shall have permanent concrete curbs and gutters according to Department of Public Works standards. 3. Storm Drains: All new streets shall have storm drains consisting of the proper size pipe and catch basins. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.040 SUBDIVISIONS AND PLATS § 17.20.050 4. Street Grades: Street grades shall not exceed 15%. However, provided there are no vehicular access points, grades may be allowed up to 18%, for not more than 200 feet when: a. Exceeding the grades would facilitate a through street and connection with the larger neighborhood; and b. The greater grade would minimize disturbance of critical slopes; and C. The Fire Marshal grants approval of the grade transition; and d. Tangents, horizontal curves, vertical curves, and right-of-way improvements conform to Department of Public Works standards. J. Street Improvements: The half of all streets that abut the perimeter of a subdivision or development project identified in TMC Title 18 shall be improved to comply with all requirements of this chapter and the Tukwila Infrastructure Design and Construction Standards for new streets. Additional paving may be required to ensure safe and efficient roads exist to serve the subdivision. (Ord. 2764, 6/9/2025) § 17.20.050. Street Types and Type Specific Standards. A. The following table shows minimum standards for street types. Alternative standards may be considered provided they meet the goals of the comprehensive plan and this chapter and comply with all life -safety requirements. In areas of conflict between this section and any other adopted standard, including the Tukwila Infrastructure Design and Construction Standards, these standards shall be used unless otherwise approved by the Director of Community Development and the Director of Public Works. Roadway Pavement Type of Street Total Width Width Component Requirements Principal Arterial 80'-100' 48'-84' Minor Arterial 60'-80' 36-64' The width of components of these street types shall be determined by TMC § 17.20.040.H, as well as the Collector Arterial 60'-80' 24'-48' requirements of the Department of Public Works, Access Road 50'-60' 28'-36' including the Tukwila Infrastructure Design and Construction Standards. Alley 20' 15' Landscaping / Vehicle Lane Buffer Zone Parking / Flex Width Sidewalks Width Zone Width Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.050 TUKWILA CODE § 17.20.050 Neighborhood Yield 40' Street - Single Side Parking (See TMC § 17.20.050.B.1) Neighborhood Yield 50' Street - Parking on Both Sides (See TMC § 17.20.050.B.1) Living Street - 20' Minimum Through (See TMC § 17.20.050.B.2) Living Street - Dead 20' Minimum End (See TMC § 17.20.050.B.2) Private Access Lane Less than 20' 1. 11' 12' 6'+6'= 12' Total 5'+5' = 10' Total 7' 6'+6'= 12' Total 6+6' = 12' Total T+7' = 14' Total Landscaping / Parking Area Widths (optional) 7' For private access lanes of less than 20 feet of width, see TMC § 17.20.040.F.2. Street Specific Standards: Neighborhood Yield Streets: Neighborhood Yield Streets are designed as low speed and low volume streets. These streets allow for single -direction vehicle travel at a time and require vehicles to pass each other by pulling over into loading areas, empty street parking spaces, curb cuts, or other gaps. Neighborhood Yield Streets always feature sidewalks, landscaping strips, and at least one on -street parking lane. (a) Applicability: Neighborhood Yield Streets are appropriate in areas where the majority of the street's uses are residential or are community amenities such as parks, schools, and gathering spaces. They are not appropriate where the street would serve as a major transportation corridor for regional travel. 2. Living Streets: Living Streets are shared streets where the design enforces that the street is shared by all users, including pedestrians, bicyclists, and vehicle drivers. These streets do not feature curbs and instead utilize other design features and traffic calming devices to compel drivers to drive slowly. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 Furniture Vehicle Clear Islands / Clear Zone Zones 10' 10' 16' 4' Parking Area Widths (optional) 7' For private access lanes of less than 20 feet of width, see TMC § 17.20.040.F.2. Street Specific Standards: Neighborhood Yield Streets: Neighborhood Yield Streets are designed as low speed and low volume streets. These streets allow for single -direction vehicle travel at a time and require vehicles to pass each other by pulling over into loading areas, empty street parking spaces, curb cuts, or other gaps. Neighborhood Yield Streets always feature sidewalks, landscaping strips, and at least one on -street parking lane. (a) Applicability: Neighborhood Yield Streets are appropriate in areas where the majority of the street's uses are residential or are community amenities such as parks, schools, and gathering spaces. They are not appropriate where the street would serve as a major transportation corridor for regional travel. 2. Living Streets: Living Streets are shared streets where the design enforces that the street is shared by all users, including pedestrians, bicyclists, and vehicle drivers. These streets do not feature curbs and instead utilize other design features and traffic calming devices to compel drivers to drive slowly. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.20.050 SUBDIVISIONS AND PLATS § 17.20.050 (a) Sidewalks: On Living Streets (TMC § 17.20.050.A), no sidewalk is required, as the street design shall reinforce pedestrian right-of-way within the entire street. (b) Materials: Living Streets shall be paved with textured or pervious pavement, pavers, or other similar materials that reinforce the pedestrian -priority nature of the street. (c) Improvements: Streets on the perimeter of a subdivision that are designated as Living Streets but that are subject only to partial improvement shall establish a portion of the 20 -foot -wide street pavement as a pedestrian walkway with a minimum width of 5 feet. The street shall meet all other requirements established by this chapter and the requirements of the Department of Public Works and the Fire Department. (Ord. 2764, 6/9/2025) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.24.010 SUBDIVISIONS AND PLATS § 17.24.030 CHAPTER 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS § 17.24.010. Purpose. A. It is the intent to have required infrastructure improvements completed prior to final approval of the proposed land action, while allowing some minor improvements, such as finishing street work, to be completed after final approval if financial assurances that meet the requirements of TMC Section 17.24.040 are provided. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.24.020. Plans and Permits Required for Public Improvements. A. Approval of a preliminary subdivision, BSIP, boundary line adjustment, or lot consolidation, shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the Short Subdivision Committee or Hearing Examiner; to obtain permits and complete installation for said improvements; and to prepare a final plat, plans, surveys and other documents for recording. B. Prior to installing improvements, the applicant shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. [Note: See TMC Chapters 11.08 and 11.12 for additional guidance on standards and permit requirements for improvements in the public right-of-way.] (Ord. 2740, 10/17/2024) § 17.24.030. Process for Installing Public Improvements. A. All improvements installed shall conform to the requirements of this title and the standards, specifications, inspections and procedures as set forth by the Department of Public Works, and shall be installed in accordance with the following procedures: 1. Work shall not commence until plans have been checked for adequacy and approved by the Department of Public Works to the extent necessary for the evaluation of the proposal. Plans shall be prepared in accordance with the requirements of the City. 2. Work shall not commence until the Department of Public Works has been notified in advance and, if work has been discontinued for any reason, it shall not be resumed until the Department of Public Works has been notified. 3. Public improvements shall be constructed under the inspection and to the satisfaction of the Director of Public Works. The Director of Public Works may require changes in typical sections and details if unusual conditions arise during construction to warrant the change. 4. All underground utilities, sanitary sewers and storm drains installed in the streets shall be constructed prior to street surfacing. Stubs for service connections and underground utilities and sanitary sewers shall be placed to a length obviating the necessity for disturbing the street improvements when surface connections are made. Plans showing all improvements as built shall be filed with the City upon completion Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.24.030 SUBDIVISIONS AND PLATS § 17.24.040 of the improvements. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) § 17.24.040. Improvement Agreements and Financial Guarantees. A. Required Improvements: Before any final subdivision, BSIP, boundary line adjustment, or lot consolidation is approved, the applicant shall install all required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of the completion of the actual construction of all required improvements (public and private), the Director of Public Works may accept a bond in an amount and with surety and conditions satisfactory to the Director of Public Works, or other secure method, providing for and securing to the City the actual construction and installation of all required improvements. This is in addition to the requirements of TMC Chapter 11.08 requiring a performance bond for all work being done in the public right-of-way. If the Director of Public Works accepts a bond for the completion of the work, the applicant shall execute and file with the City an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the Director of Public Works, and properly secured in advance of the required initial completion date. Require notice by the applicant to the Director of Public Works promptly upon completion of all required improvements. Provide for notice of approval or disapproval by the Director of Public Works of the improvement within a reasonable time after receiving notice of completion. 4. Require financial security to be provided by the applicant pursuant to TMC Section 17.24.040.C. Provide that, if the applicant fails to complete all required work within the period specified, the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed 90 days from the date of demand. Provide that, if the required improvements are not completed within that time, the City may take action to require the applicant to forfeit the financial security. 7. Provide that the City shall be entitled to recover all costs of such action including reasonable attorney's fees. Provide that, following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred. Provide that, should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the applicant. Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.24.040 TUKWILA CODE § 17.24.040 B. Maintenance Agreement: Regardless of whether all required improvements are completed prior to final approval, as a condition of such approval the applicant shall execute an agreement to assure successful operation of said improvements. [Note: See TMC Section 11.08.160 for details.] The agreement shall: 1. Require the applicant to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. 2. Require the applicant to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Director of Public Works, and shall be reasonably related to the burdens that the subdivision will impose on drainage facilities during the time maintenance is required. The City may agree to accept and perform maintenance of the improvements, in which case the applicant's obligation to perform maintenance functions shall terminate. 3. Not relieve the applicant of liability for the defective condition of any required improvements discovered following the effective term of the security given. 4. Provide a waiver by the applicant of all claims for damages against any governmental authority, which may occur to the adjacent land as a result of construction, drainage, and maintenance of the streets and other improvements. C. Performance Bond: To assure full performance of the agreements required herein, the applicant shall provide one or more of the following in a form approved by the City Attorney: 1. A surety bond executed by a surety company authorized to transact business in the State of Washington. 2. An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project. 3. An assignment of account with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met. 4. A cash deposit made with the City of Tukwila. D. Amount of Financial Security: The financial security provided shall be 150% of the estimated cost of the improvements to be completed and all related engineering and incidental expenses, final survey monumentation and preparation of records in a format approved by Public Works and meeting current Public Works drawing standards of the "as -built" improvements. The Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.24.040 SUBDIVISIONS AND PLATS § 17.24.040 applicant shall provide an estimate of these costs for acceptance by the Director of Public Works. E. Defective Work: The acceptance of improvements by the City shall not prevent the City from making a claim against the applicant for any defective work if such is discovered within two years after the date of completion of the work. (Ord. 2740, 10/17/2024; Ord. 2764, 6/9/2025) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 City of Tukwila, WA § 17.28.010 SUBDIVISIONS AND PLATS § 17.28.040 CHAPTER 17.28 PENALTIES, SEVERABILITY, LIABILITY § 17.28.010. Sale, Lease or Transfer of Land in Violation of this Chapter. A. Any person, firm, corporation, association, or any agent of any person, firm, corporation, or association who violates any provision of RCW 58.17 or TMC Title 17, "Subdivisions and Plats", relating to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor; and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of RCW 58.17 or TMC Title 17, "Subdivisions and Plats", shall be deemed a separate and distinct offense. (Ord. 2740, 10/17/2024) § 17.28.020. Penalties. A. Any other violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070. (Ord. 2740, 10/17/2024) § 17.28.030. City Not Liable. A. This code shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. (Ord. 2740, 10/17/2024) § 17.28.040. Severability. A. If any section, subsection, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (Ord. 2740, 10/17/2024) Downloaded from https:Hecode360.com/TU6948 on 2025-10-21 TITLE 18 ZONING Chapters: 18.02 Title 18.04 General Provisions 18.06 Definitions 18.08 Districts Established - Map 18.09 Land Uses Allowed by District 18.10 Community Residential 18.12Medium DensitResidential Repealed by Ordinance 2765, June 2025 18.14 High Density Residential 18.16 Mixed Use Office 18.18 Office 18.20 Residential Commercial Center 18.22 Neighborhood Commercial Center 18.24 Regional Commercial 18.26 Regional Commercial Mixed Use 18.28 Tukwila Urban Center (TUC) District 18.30 Commercial/Light Industrial 18.32 Light Industrial 18.34 Heavy Industrial 18.36 Manufacturing Industrial Center/Light 18.38 Manufacturing Industrial Center/Heavy 18.40 Tukwila Valley South 18.41 Tukwila South Overlay District 18.42 Public Recreation Overlay District 18.43 Urban Renewal Overlay District 18.44 Shoreline Overlay 18.45 Environmentally Critical Areas 18.46 PRD - Planned Residential Development 18.48 Temporary Encampments 18.50 Supplemental Development Standards 18.52 Landscape Requirements 18.54 Urban Forestry and Tree Regulations 18.56 Off-street Parking and Loading Regulations 18.58 Wireless Communication Facilities 18.60 Design Review 18.64 Conditional Use Permits 18.66 Unclassified Use Permits 18.70 Nonconforming Lots, Structures and Uses 18.72 Variances 18.80 Amendments to the Comprehensive Plan 18.82 Amendments to Development Regulations 18.84 Amendments to the Zoning and Comprehensive Plan Maps 18.86 Development Agreements 18.88 Application Fees 18.96 Administration and Enforcement 18.104 Permit Application Types and Procedures 18.108 Decision Processes 18.112 Public Hearing Processes 18.116 Appeal Processes Figures and Tables: Figure 1 Shoreline Use Matrix Figure 2 Sample Residential Sensitive Area Site Plan Submittal Figure 3 Building Height Exception Areas Figure 4 Location and Measurement, Yards on Lots Figure 5 Multi -Family Design Guideline Figure 6 Off -Street Parking Area Dimensions Figure 7 Required Number of Parking Spaces for Automobiles and Bicycles Figure 8 Parking for the Handicapped Figure 9 Commercial Redevelopment Areas in the Tukwila International Boulevard Corridor Figure 10 City of Tukwila Zoning Map Figure 11 Eligible Parcels for Location of Secure Community Transition Facility Figure 12 MIC/H Parcels Ineligible for Stand-alone Office Uses Figure 13 Housing Options Program Standards Figure 14 Tukwila Neighborhoods Figure 15 Tukwila International Blvd. Urban Renewal Overlay District Office of the City Clerk I City of Tukwila Page 1 of 356 Return to Title Figures 18-16 through 18-59 and Tables 18-1 through 18-5 are associated with TMC 18.28, Tukwila Urban Center (TUC) District Figure 16 Map of Districts Figure 17 Block Face Length Figure 18 Corridor Definition of Terms Figure 19 Corridor Type Map Figure 20 Walkable Corridor Standards Figure 21 Pedestrian Walkway Corridor Standards Figure 22 Tukwila Pond Esplanade Standards Figure 23 Neighborhood Corridor Standards Figure 24 Urban Corridor Standards Figure 25 Commercial Corridor Standards Figure 26 Freeway Frontage Corridor Standards Figure 27 Workplace Corridor Standards Figure 28 Examples of Public Frontages Figure 29 Example of Building Oriented to the Street Figure 30 Example of Features on a Building Oriented to Street Figure 31 Examples of Building Orientation to Streets/Open Space Treatments Figure 32 Frontage Building Coverage Figure 33 Example of Exceeding Maximum Building Setbacks to Provide Pedestrian Space Figure 34 Surface Parking - Front Figure 35 Street Front Parking Examples Figure 36 Surface Parking - Side Figure 37 Surface Parking - Rear Figure 38 Example of Vertical Modulation and Horizontal Modulation Figure 39 Fagade Articulation Example for a Mixed -Use Building Figure 40 Example of Articulating the Fagade of a Residential Building Figure 41 Major Vertical Modulation Example Figure 42 Ground Level Transparency Requirements Figure 43 Examples of Percentage of Transparency Between 2-10' Along the Length of a Building Fagade Figure 44 Display Window Example Figure 45 Encroachment Provisions for Building Overhangs or Weather Protection Features Figure 46 Illustration of the Various Side and Rear Yard Treatment Standards and Options Figure 47 Example of a Single Tree Planted with No Other Materials and Little Room for Viability. Figure 48 Using Evergreen Landscaping to Screen Utilities Figure 49 Examples of Landscaped Tree Wells Figure 50 Examples of Pedestrian Spaces Figure 51 Examples of Pedestrian Passages Figure 52 Common Open Space Examples Figure 53 Rooftop Garden Figure 54 Examples of Driveway Level with the Height of the Sidewalk Figure 55 Example of Not Enough Room on Site to Exit Loading Area, Resulting in Disruption of Traffic Movements Figure 56 Parking Lot Walkway Standards and Example Figure 57 Example of Good Internal Pedestrian Circulation Figure 58 Internal Walkway Standards and an Example Along Retail or Mixed -Use Buildings Figure 59 Critical Area Tracts in Tukwila South Figure 60 Tukwila International Boulevard (TIB) Study Area Figure 61 Major Pedestrian Corridor Office of the City Clerk I City of Tukwila Page 2 of 356 Return to Title Tables: Table 1 Summary of Applicable Review Process and Standards/Guidelines Table 2 Tukwila Urban Center - Land Uses Allowed by District Table 3 District Standards Table 4 Provision of Open Space Table 5 Provision of Parking Table 18-6 is associated with TMC 18.09, Land Uses Allowed by District Table 6 Land Uses Allowed by District Office of the City Clerk I City of Tukwila Page 3 of 356 Return to Title CHAPTER 18.02 111111M Sections: 18.02.010 Short Title 18.02.010 Short Title A. This title shall be known and may be cited as "The Tukwila Zoning Code." [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 4 of 356 Return to Title CHAPTER 18.04 GENERAL PROVISIONS Sections: 18.04 010 Application of Provisions 18.04.020 Change in Existing Structure, Use or Proposed Use 18.04.030 Performance Standards for All Uses 18.04.010 Application of Provisions A. In the interpretation and application of the provisions of this title, such provisions shall be held to be the minimum requirements adopted for the promotion of the health, safety, morals, or the general welfare of the community. It is not intended by this title to repeal, abrogate, annul, or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted pursuant to law, relating to the use of buildings or land, nor is it intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use, erection, alteration or extension of buildings, or use of land, or upon the number of square feet of lot area per family, or where the yard or building line requirements are more restrictive than the requirements imposed by such existing provision of law or ordinance, or by such rules or regulations or by such covenants or agreements, the provision of this title shall control. [Ord. 2741 §4 (part), 2024] 18.04.020 Change in Existing Structure, Use or Proposed Use A. Nothing contained in this title shall require any change in any existing building or structure or in the plan, construction or designated use of a proposed building or structure which would conform with the zoning regulations then in effect, and for which a building permit shall have been issued, and plans for which are on file in the Department of Community Development prior to the effective date of the ordinance codified in this title, and the construction of which building or structure shall have been started within twelve months of the date of such building permit and diligently prosecuted to its completion. [Ord. 2741 §4 (part), 2024] 18.04.030 Performance Standards for All Uses A. In addition to all the standards found in this Title, all uses, activities and operations within a structure or a site shall comply with the following: Standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants. 2. TMC 8.22, "Noise". 3. All adopted State and Federal standards for water quality and hazardous materials. 4. All other applicable local, State, and Federal standards. [Ord. 2765 §6, 2025] Office of the City Clerk I City of Tukwila Page 5 of 356 CHAPTER 18.06 DEFINITIONS Sections: 18.06.005 General Definitions 18.06.130 Canopy 18.06.010 Abandoned Mine Areas 18.06.135 Canopy Cover 18.06.015 Access Road 18.06.137 Cargo Container 18.06.016 Accessory Dwelling Unit 18.06.140 Certified Arborist 18.06.017 Adaptive Management 18.06.142 Charging Levels 18.06.018 Adjacent 18.06.143 Channel Migration Zone 18.06.020 Adult Day Care 18.06.145 Clearing 18.06.025 Adult Entertainment 18.06.150 Clinic, Outpatient Medical Establishments 18.06.152 Closed Record Appeal 18.06.030 Airports 18.06.155 Club 18.06.035 Alley 18.06.160 Commercial Laundries 18.06.036 Alteration 18.06.165 Comprehensive Plan 18.06.037 Amusement Device 18.06.170 Continuing Care Retirement 18.06.039 Amusement Park Community 18.06.045 Applicant 18.06.172 Contractor Storage Yards 18.06.048 Appurtenance 18.06.173 Convalescent/Nursing Home 18.06.050 Area, Site 18.06.175 Cooperative Parking Facility 18.06.055 Areas of Potential Geologic 18.06.177 Correctional Institution Instability 18.06.178 Cottage Housing 18.06.056 Armoring 18.06.179 Courtyard Apartments 18.06.058 Assisted Living Facility 18.06.180 Coverage 18.06.059 Bank 18.06.181 Critical Root Zone 18.06.060 Basement 18.06.182 Critical Areas 18.06.061 Battery Charging Station (001) Critical Area Buffer 18.06.062 Battery Exchange Station (007) Critical Areas Ordinance 18.06.063 Bed -and -Breakfast Lodging (010) Critical Area Regulated 18.06.064 Best Available Science Activities 18.06.065 Best Management Practices (013) Critical Area Tract or 18.06.066 Binding Site Improvement Plan Easement 18.06.070 Bioengineering 18.06.183 Cul -de -Sac 18.06.071 Blank Wall 18.06.185 Curb -Cut 18.06.072 Blind Wall 18.06.190 Dangerous Waste 18.06.073 Block 18.06.195 Day Care Center 18.06.074 Boarding House 18.06.196 Daylighting 18.06.075 Buffer 18.06.198 Dedication 18.06.080 Building 18.06.199 Defective Tree 18.06.085 Building, Accessory 18.06.200 Density Transfer 18.06.090 Building Area 18.06.202 Department 18.06.095 Building, Detached 18.06.203 Design Criteria 18.06.097 Building Footprint 18.06.204 Design Guidelines 18.06.100 Building Height 18.06.205 Designated Facility Zone 18.06.105 Building Line 18.06.208 Detached Zero -Lot -Line Units 18.06.110 Building, Nonconforming 18.06.210 Development 18.06.115 Building Permit 18.06.215 Development Area 18.06.118 Bulk Retail 18.06.216 Development Permit 18.06.119 Bulkhead 18.06.217 Development, Shoreline 18.06.120 Bus Station 18.06.220 Diameter at Breast Height (DBH) 18.06.125 Caliper 18.06.222 Dike 18.06.225 Director 18.06.305 Feasible 18.06.230 District 18.06.310 Fence 18.06.232 District, Overlay 18.06.315 Filling 18.06.234 Diversion Facility 18.06.318 Final Plat 18.06.235 Diversion Interim Services 18.06.320 Fire Lane Facility 18.06.325 Floor Area 18.06.237 Dormitory 18.06.330 Flood Plain 18.06.238 Drive -Through 18.06.335 Flood Hazard Reduction 18.06.240 Driveway 18.06.338 Floodway 18.06.241 Durable Uniform Surface 18.06.340 Fraternal Organization 18.06.242 Dwelling, Co -Living 18.06.345 Garage, Private 18.06.243 Dwelling, Manufactured or 18.06.353 General Retail Mobile Home 18.06.355 Geologist 18.06.244 Dwelling, Middle Housing 18.06.365 Grade 18.06.245 Dwelling, Mobile Home 18.06.370 Grading 18.06.246 Dwelling, Multi -Family 18.06.380 Groundcover 18.06.247 Dwelling, Single -Family 18.06.385 Hazardous Substance 18.06.248 Dwelling Unit 18.06.390 Hazardous Substance 18.06.249 Easily Adaptable Processing or Handling 18.06.250 Eating and Drinking 18.06.395 Hazardous Tree Establishments 18.06.400 Hazardous Waste 18.06.251 Ecological/Ecosystem Functions 18.06.405 Hazardous Waste Storage (or Shoreline Functions) 18.06.410 Hazardous Waste Treatment 18.06.252 Ecosystem -Wide Processes 18.06.415 Hazardous Waste Treatment 18.06.255 Emergency Housing and Storage Facility, Off -Site (001) Emergency Shelter 18.06.420 Hazardous Waste Treatment (002) Permanent Supportive and Storage Facility, On -Site Housing 18.06.430 Home Occupation (003) Transitional Housing 18.06.435 Hospital (004) Domestic Shelter 18.06.440 Hotel 18.06.258 Electric Vehicle 18.06.445 Impervious Surface 18.06.259 Electric Vehicle Charging Station 18.06.450 Infrastructure 18.06.260 Electric Vehicle Charging 18.06.451 Industrial Use, Light Station -Restricted 18.06.452 Industrial Use, Heavy 18.06.261 Electric Vehicle Charging 18.06.453 Integrated Site Station -Public 18.06.454 Internet 18.06.262 Electric Vehicle Infrastructure Data/Telecommunication Center 18.06.263 Electric Vehicle Parking Space 18.06.456 Invasive Plant and Tree List 18.06.264 Engineer, Geotechnical 18.06.460 Junk Yard 18.06.266 Engineer, Professional 18.06.465 Kennel 18.06.268 Engineering, Geotechnical 18.06.470 Laboratory, Medical and Dental 18.06.269 Environment Designation 18.06.472 Large Woody Debris (LWD) 18.06.270 Essential Public Facility 18.06.473 Land Surveyor 18.06.280 Essential Use 18.06.475 Land -Altering Activity 18.06.283 Essential Utility 18.06.480 Land -Altering Permit 18.06.285 Essential Street, Road, or Right- 18.06.486 Landscape Design Professional of -Way 18.06.490 Landscaping or Landscaped 18.06.287 Extended -Stay Hotel or Motel Areas 18.06.290 Extremely Hazardous Waste (001) Mulch 18.06.295 Fagade 18.06.492 Lease 18.06.300 Family Child Care Home 18.06.493 Levee Office of the City Clerk I City of Tukwila Page 2 of 356 18.06.495 Loading Space 18.06.613 Parking, Commercial 18.06.500 Lot 18.06.615 Parking Space 18.06.505 Lot Area 18.06.617 Pawnbroker 18.06.510 Lot, Corner 18.06.618 Performance Bond or Guarantee 18.06.520 Lot Depth 18.06.620 Performance Standards 18.06.525 Lot Frontage 18.06.625 Person 18.06.530 Lot Lines 18.06.627 Pervious Hard Surface 18.06.535 Lot, Interior 18.06.630 Plan 18.06.538 Lot, Parent 18.06.632 Planned Residential 18.06.540 Lot, Through Development (PRD) 18.06.543 Lot, Unit 18.06.633 Planning Commission 18.06.545 Lot Width 18.06.635 Plat 18.06.551 Cannabis 18.06.636 Preliminary Plat 18.06.552 Cannabis Processor 18.06.637 Principal Building 18.06.553 Cannabis Producer 18.06.638 Private Access Road 18.06.554 Cannabis Retailer 18.06.640 Property Owner 18.06.555 Major Adjustment 18.06.645 Protected Tree/Protected 18.06.556 Major Transit Stop Vegetation 18.06.557 Cannabis -infused Products 18.06.650 Protection Measure 18.06.558 Cannabis Concentrates 18.06.651 Protective Fencing 18.06.560 Mall 18.06.652 Pruning 18.06.565 Manufactured/Mobile Home Park (001) Topping 18.06.567 Manufacturing 18.06.655 Public Access 18.06.568 Mass Transit Facilities 18.06.656 Public Entity 18.06.570 Mean High Water Mark 18.06.657 Public Meeting 18.06.571 Mean Higher High Water 18.06.658 Public Right -of -Way (MHHW) 18.06.660 Rapid Charging Station 18.06.575 Mining and Quarrying 18.06.662 Reach 18.06.580 Minor Adjustment 18.06.665 Recreation Space 18.06.581 Mitigation 18.06.670 Recreation Space, Covered 18.06.583 Modular Home 18.06.675 Recreation Space, Uncovered 18.06.584 Motel 18.06.676 Regional Detention Facility 18.06.585 Native Vegetation 18.06.677 Revetment 18.06.586 New Manufactured Home 18.06.680 Research and Development 18.06.587 Nightclub Facility 18.06.588 No Net Loss 18.06.682 Religious Facility 18.06.589 Nonconforming 18.06.685 Residence (001) Structure 18.06.686 Residential Conversion (002) Structure, Shoreline 18.06.687 Restaurant (003) Use 18.06.688 Restaurant, Fast Food (004) Use, Shoreline 18.06.689 Right -of -Way 18.06.591 Non -Water -Oriented Uses 18.06.690 Riparian 18.06.592 Office 18.06.691 River Channel 18.06.593 Open Record Appeal 18.06.696 Riverbank Analysis and Report 18.06.594 Open Record Hearing 18.06.697 Roadway 18.06.595 Open Space 18.06.705 Screening 18.06.600 Open Space Tract 18.06.706 Secure Community Transitional 18.06.605 Ordinary High Water Mark Facility 18.06.607 Overwater Structure 18.06.707 Self Storage Facility 18.06.610 Parcel 18.06.708 Senior Citizen Housing 18.06.720 Tiny Home Villages 18.06.611 Park and Ride 18.06.735 Vehicle Service Station Office of the City Clerk I City of Tukwila Page 3 of 356 18.06.740 Setbacks 18.06.745 Shelter Station 18.06.750 Shopping Center, Planned 18.06.756 Shorelands or Shoreland Areas 18.06.757 Shorelines or Shoreline Areas 18.06.758 Shoreline Jurisdiction 18.06.759 Shoreline Modifications 18.06.760 Shoreline Restoration or 18.06.852 Ecological Restoration 18.06.761 Shoreline Stabilization 18.06.769 Short Subdivision Committee 18.06.770 Sign 18.06.775 Significant Tree 18.06.777 Significant Vegetation Removal 18.06.780 Site 18.06.781 Site Disturbance 18.06.785 Stacked Flat 18.06.790 Story 18.06.795 Street 18.06.800 Structure (001) Nonconforming 18.06.900 Structure, Shoreline 18.06.805 Structural Alteration 18.06.810 Studios 18.06.813 Subdivision (001) Short Subdivision (002) Long Subdivision 18.06.815 Substantial Construction 18.06.817 Substantial Development 18.06.820 Surveyor 18.06.821 Theater 18.06.822 Tow Truck Operations 18.06.829 Townhouse 18.06.830 Tract 18.06.833 Trailer Court or Park 18.06.835 Trailer, Travel 18.06.840 Transit Center 18.06.843 Transit -Oriented Development 18.06.960 (TOD) Housing 18.06.845 Tree (001) At -Risk Tree (002) Crown (003) Dead Tree (004) Dripline (005) Exceptional Tree (006) Heritage Tree or Heritage Grove (007) Invasive Tree (008) Nuisance Tree (009) Qualified Tree Professional (010) Risk (011) Street Tree (012) Target or Risk Target (013) Tree Risk Assessment (014) Tree Risk Assessor (015) Viable Tree (016) Windfirm 18.06.850 Tree Clearing Permit 18.06.852 Tree Removal 18.06.854 Truck Terminal 18.06.855 Turbidity 18.06.860 Understory Vegetation 18.06.863 Usable Floor Area 18.06.864 Useable Marijuana 18.06.865 Use 18.06.870 Use, Accessory 18.06.875 Use, Conditional 18.06.880 Use, Permitted 18.06.885 Use, Primary or Principal 18.06.890 Use, Unclassified 18.06.895 Unlisted Use 18.06.900 Utilities 18.06.905 Variance 18.06.910 Vegetation 18.06.915 Vehicles 18.06.916 Warehouse 18.06.917 Water Dependent 18.06.918 Water Enjoyment 18.06.919 Water Oriented 18.06.920 Watercourse 18.06.921 Water Related 18.06.922 Wetland 18.06.924 Wetland Edge 18.06.934 Wetland, Scrub -Shrub 18.06.944 WRIA 18.06.945 Yard 18.06.950 Yard, Front 18.06.955 Yard, Rear 18.06.960 Yard, Second Front 18.06.965 Yard, Side Office of the City Clerk I City of Tukwila Page 4 of 356 18.06.005 General Definitions Except where specifically defined in this Chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "he" or "his" shall also refer to "she" or "her," the word "shall" is always mandatory, the word "may" denotes a use of discretion in making a decision; the words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." [Ord. 2741 §4 (part), 2024] 18.06.010 Abandoned Mine Areas "Abandoned mine areas" means those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts. [Ord. 2741 §4 (part), 2024] 18.06.015 Access Road "Access road" means that portion of a driveway which provides access to one or more parking lot or area, provides access to more than one property or lot, or may provide internal access from one street to another. This shall not include that portion of driveways whose primary function is to provide direct access to adjacent parking spaces and which, as a secondary function, also provides circulation within parking areas. [Ord. 2741 §4 (part), 2024] 18.06.016 Accessory Dwelling Unit "Accessory dwelling unit (ADU)" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. [Ord. 2741 §4 (part), 2024] 18.06.017 Adaptive Management "Adaptive management" means the use of scientific methods to evaluate how well regulatory and non - regulatory actions protect a critical area. [Ord. 2741 §4 (part), 2024] 18.06.018 Adjacent "Adjacent" means lying near or close to; sometimes, contiguous; neighboring. Adjacent implies that the two objects are not widely separated, though they may not actually touch. [Ord. 2741 §4 (part), 2024] 18.06.020 Adult Day Care "Adult day care" means a facility which provides supervised daytime programs where up to six frail and/or disabled adults can participate in social, educational, and recreational activities led by paid staff and volunteers. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 5 of 356 18.06.025 Adult Entertainment Establishments A. "Adult entertainment establishments" means adult motion picture theaters, adult drive-in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as follows: 1. "Adult bathhouse" means a commercial bathhouse which excludes any person by virtue of age from all or any portion of the premises or which provides to its patrons an opportunity for engaging in "Specified Sexual Activities," with or without a membership fee." 2. "Adult bookstore" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. 3. "Adult cabaret" means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises. 4. "Adult massage parlor" means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such service is provided. 5. "Adult motion picture theater" means a building, enclosure, or portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 6. "Adult retail store" means retail establishment in which: a. 30% or more of the "stock -in -trade" consists of items, products or equipment distinguished or characterized by an emphasis on or simulation of "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such items, products or equipment are displayed or sold. 7. "Adult sauna parlor" means a commercial sauna establishment which excludes any person by virtue of age from all or any portion of the premises. 8. "Adult video store" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of prerecorded video tapes, disks, or similar material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or any part of the premises generally held open to the public where such prerecorded video tapes, disks or similar material are displayed or sold. B. "Specified anatomical areas" means: 1. Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; Office of the City Clerk I City of Tukwila Page 6 of 356 or 2. Human male genitals in a discernibly turgid state even if completely or opaquely covered. C. "Specified sexual activities" means: Acts of human masturbation, sexual intercourse or sodomy; or 2. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; 3. Human genitals in a state of sexual stimulation or arousal. D. "Stock -in -trade" means: 1. The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or 2. The number of titles of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons. [Ord. 2741 §4 (part), 2024] 18.06.030 Airports "Airports" means any area of land that is used or intended for the landing and takeoff of aircraft, any appurtenant areas that are used or intended for airport buildings or other airport facilities or rights-of-way, and all airport buildings and facilities. [Ord. 2741 §4 (part), 2024] 18.06.035 Alley "Alley" means a public thoroughfare or way usually having a width of not more than 20 feet which affords only a secondary means of access to abutting property and is not intended for general traffic circulation. [Ord. 2741 §4 (part), 2024] 18.06.036 Alteration "Alteration" means any human -induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing of vegetation, construction, compaction, excavation, or any other activity that changes the character of the critical area. [Ord. 2741 §4 (part), 2024] 18.06.037 Amusement Device "Amusement device" means a structure such as a ferris wheel, roller coaster or climbing wall. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 7 of 356 18.06.039 Amusement Park "Amusement Park" means a commercial entertainment land use featuring one or more amusement devices, with or without other commercial entertainment land uses, primarily in an outdoor setting. [Ord. 2770 §2 (part), 2025] 18.06.045 Applicant "Applicant" means a property owner or a public agency or public or private utility which owns a right-of- way or other easement, or has been adjudicated the right to an easement pursuant to RCW 8.12.090, or any person or entity designated in writing by the property or easement owner to be the applicant for a project permit, and who requests approval for a project permit. [Ord. 2741 §4 (part), 2024] 18.06.048 Appurtenance "Appurtenance" means a structure that is necessarily connected to the use and enjoyment of a single family residence, including a garage, deck, driveway, utilities, fences, installation of a septic tank and drain field and grading that does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark (WAC 173-27-040 (2) (g)). [Ord. 2741 §4 (part), 2024] 18.06.050 Area, Site "Site area" means the total two-dimensional horizontal area within the property lines excluding external streets. [Ord. 2741 §4 (part), 2024] 18.06.055 Areas of Potential Geologic Instability "Areas of potential geologic instability" means those areas subject to potential landslides and/or potential seismic instabilities. [Ord. 2741 §4 (part), 2024] 18.06.056 Armoring "Armoring" means the control of shoreline erosion with hardened structures, such as bulkheads, sea walls, and riprap. [Ord. 2741 §4 (part), 2024] 18.06.058 Assisted Living Facility "Assisted Living Facility" means a facility that is licensed by the Department of Social and Health Services pursuant to RCW 18.20 as currently defined or as may be thereafter amended. This definition does not include "diversion facility" or "diversion interim services facility." [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 8 of 356 18.06.059 Bank "Bank" means the rising ground bordering a water body and forming an edge or slope. [Ord. 2741 §4 (part), 2024] 18.06.060 Basement "Basement" means that portion of a building between floor and ceiling which is all or partly below grade. If the finished floor level directly above a basement is more than two feet above grade for more than 20% of the total perimeter or is twelve feet above grade as defined at any point, such basement shall be considered as a story. [Ord. 2741 §4 (part), 2024] 18.06.061 Battery Charging Station "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles and that meets or exceeds any standards, codes, and regulations set forth by RCW 19.28 and is consistent with rules adopted under RCW 19.27.540. [Ord. 2741 §4 (part), 2024] 18.06.062 Battery Exchange Station "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swap -able battery to enter a drive lane and exchange the depleted battery for a fully charged battery through a fully automated process that meets or exceeds any standards, codes, and regulations set forth by RCW 19.27 and is consistent with rules adopted under RCW 19.27.540. [Ord. 2741 §4 (part), 2024] 18.06.063 Bed -and -Breakfast Lodging "Bed -and -breakfast" means an owner -occupied dwelling unit that contains guest rooms where lodging is provided for compensation. [Ord. 2741 §4 (part), 2024] 18.06.064 Best Available Science "Best Available Science" means that scientific information applicable to the critical area prepared by appropriate local, state or federal agencies, a qualified scientist or team of qualified scientists, which will be consistent with the criteria established in WAC 365-195-900 through WAC 365-195-925. Characteristics of a valid scientific process will be considered to determine whether information received during the permit review process is reliable scientific information. A valid scientific process includes some or all of the following characteristics: Peer reviewed research or background information. Study methods clearly stated. 3. Conclusions based on logical assumptions. 4. Quantitative analysis. Office of the City Clerk I City of Tukwila Page 9 of 356 Proper context is established. References are included that cite relevant, credible literature and other pertinent information. [Ord. 2741 §4 (part), 2024] 18.06.065 Best Management Practices "Best management practices (BMPs)" means conservation practices and management measures which serve to protect trees, including the following practices: Avoiding physical damage to tree trunk, branches, foliage and roots; 2. Restricting the movement, operation, and location of construction materials and equipment to avoid the area under a tree canopy; Minimizing adverse changes in drainage conditions around tree roots; 4. Minimizing adverse changes to the chemical, physical, structural, and organic characteristics of soil around tree roots; 5. Those conservation practices defined by the State of Washington Department of Agriculture, Washington State Department of Ecology, and International Society of Arborists as intended to protect trees. [Ord. 2741 §4 (part), 2024] 18.06.066 Binding Site Improvement Plan "Binding Site Improvement Plan" means an improvement plan processed in accordance with TMC 17.16, which is legally binding on the land owner, his heirs, successors and assigns. [Ord. 2741 §4 (part), 2024] 18.06.070 Bioengineering "Bioengineering" means integrating living woody and herbaceous materials with organic (plants, wood, jute mats, coir logs, etc) and inorganic materials (rocks, soils) to increase the strength and structure of the soil along a riverbank, accomplished by a dense matrix of roots that hold the soil together. The above -ground vegetation increases the resistance to flow and reduces flow velocities by dissipating energy. [Ord. 2741 §4 (part), 2024] 18.06.071 Blank Wall "Blank Wall" means any non -blind wall (see TMC 18.06.072) that does not include a transparent window or door and that exceeds 15 feet of horizontal length and vertical height. [Ord. 2770 §2 (part), 2025] 18.06.072 Blind Wall "Blind Wall" means any wall, or portion of a wall, that is parallel to and less than five (5) feet from another existing, proposed, or potential wall of equivalent area, or that is located directly at a lot line when abutting a parcel where zero -lot -line development is also permitted. [Ord. 2770 §2 (part), 2025] Office of the City Clerk I City of Tukwila Page 10 of 356 18.06.073 Block "Block" means a group of lots, tracts or parcels, which have been subdivided, and are entirely surrounded by highways or streets or in part by a well-defined or fixed boundary. [Ord. 2741 §4 (part), 2024] 18.06.074 Boarding House "Boarding house" means a residential building or use which provides housing on a short term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels and motels, extended -stay hotels or motels, shelters, and facilities which provide short- or long-term care for tenants suffering from physical, mental or other disabilities. [Ord. 2741 §4 (part), 2024] 18.06.075 Buffer "Buffer" means an area separating two different types of uses or environments for the purpose of reducing incompatibilities between them, or reducing the potential adverse impacts of one use or environment upon the other. [Ord. 2741 §4 (part), 2024] 18.06.080 Building "Building" means a structure as defined in this definitions chapter. When a total structure is separated by division walls without openings, each portion so separate shall be considered a separate building. [Ord. 2741 §4 (part), 2024] 18.06.085 Building, Accessory "Accessory building" means a subordinate building, the use of which is incident to the use of the main building on the same lot. [Ord. 2741 §4 (part), 2024] 18.06.090 Building Area "Building area" means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof. [Ord. 2741 §4 (part), 2024] 18.06.095 Building, Detached "Detached building" means a building surrounded on all sides by open space. [Ord. 2741 §4 (part), 2024] 18.06.097 Building Footprint Office of the City Clerk I City of Tukwila Page 11 of 356 "Building footprint" means the square footage contained within the foundation perimeter of all structures located on a lot, plus overhangs projecting in excess of 18 inches, but excluding decks less than 18 inches above grade. [Ord. 2741 §4 (part), 2024] 18.06.100 Building Height "Building height" means the height of a building as calculated by the method in the Washington State Building Code. [Ord. 2741 §4 (part), 2024] 18.06.105 Building Line "Building line" means the line of face or corner of part of a building nearest the property line. [Ord. 2741 §4 (part), 2024] 18.06.110 Building, Nonconforming "Nonconforming building" means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the district in which it is located. [Ord. 2741 §4 (part), 2024] 18.06.115 Building Permit "Building permit" means a permit for construction in accordance with specific approved plans that are on file with the Department. [Ord. 2741 §4 (part), 2024] 18.06.118 Bulk Retail "Bulk retail" is a business or store that specializes in the sale of large goods, requiring large on-site storage. Bulk retail is further distinguished by a lower trip generation rate than other retail stores, as evidenced by a traffic study or other appropriate analysis. Examples include furniture stores, appliance stores and other uses as approved by the Director. [Ord. 2741 §4 (part), 2024] 18.06.119 Bulkhead "Bulkhead" means vertical structures erected parallel to and near the ordinary high water mark for the purpose of protecting adjacent uplands from erosion from the action of waves or currents. [Ord. 2741 §4 (part), 2024] 18.06.120 Bus Station "Bus station" means a facility providing connections between buses serving different inter -city routes. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 12 of 356 18.06.125 Caliper "Caliper" means the AmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six inches above the ground for up to and including four -inch caliper size trees, and 12 inches above ground for larger size trees. [Ord. 2741 §4 (part), 2024] 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. [Ord. 2741 §4 (part), 2024] 18.06.135 Canopy Cover "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City of Tukwila's Recommended Tree List. [Ord. 2741 §4 (part), 2024] 18.06.137 Cargo Container "Cargo container" means a standardized, reusable vessel that was: 1. Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or, Designed for or capable of being mounted or moved on a rail car; and/or 3. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. [Ord. 2741 §4 (part), 2024] 18.06.140 Certified Arborist See "Qualified Tree Professional"' [Ord. 2741 §4 (part), 2024] 18.06.142 Charging Levels "Charging levels" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms "Level 1, 2, and 3" are the most common EV charging levels and include the following specifications: Level 1 is considered slow charging. Level 2 is considered medium charging. Level 3 is considered fast or rapid charging. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 13 of 356 18.06.143 Channel Migration Zone "Channel migration zone" means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. [Ord. 2741 §4 (part), 2024] 18.06.145 Clearing "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. [Ord. 2741 §4 (part), 2024] 18.06.150 Clinic, Outpatient Medical "Clinic, Outpatient Medical" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and/or practitioners and does not include overnight care facilities. This category does not include diversion facility or diversion interim services facility. [Ord. 2741 §4 (part), 2024] 18.06.152 Closed Record Appeal "Closed record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made after an open record hearing. Testimony and submission of relevant evidence and information shall not be permitted at a hearing on such an appeal. The hearing on such an appeal shall be limited to argument based on the testimony, evidence and documents submitted at the open record hearing conducted on the project permit application. [Ord. 2741 §4 (part), 2024] 18.06.155 Club "Club" means an incorporated or unincorporated association of persons organized for a social, education, literary or charitable purpose. [Ord. 2741 §4 (part), 2024] 18.06.160 Commercial Laundries "Commercial laundries" means an establishment where textiles are washed for commercial, industrial, and institutional entities not located on the same site. [Ord. 2741 §4 (part), 2024] 18.06.165 Comprehensive Plan "Comprehensive Plan" means the adopted City of Tukwila Comprehensive Plan. Office of the City Clerk I City of Tukwila Page 14 of 356 [Ord. 2741 §4 (part), 2024] 18.06.170 Continuing Care Retirement Community "Continuing care retirement community" means housing planned and operated to provide a continuum of accommodations and services for seniors including, but not limited to, at least two of the following housing types: independent living, congregate housing, assisted living, and skilled nursing care. [Ord. 2741 §4 (part), 2024] 18.06.172 Contractor Storage Yards "Contractor storage yards" means storage yards operated by, or on behalf of, a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities. [Ord. 2741 §4 (part), 2024] 18.06.173 Convalescent/Nursing Home "Convalescent/nursing home" means a residential facility, such as a hospice, offering 24-hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in-patient administration of special diets, bedside nursing care and treatment by a physician or psychiatrist. The stay in a convalescent/nursing home is in excess of 24 consecutive hours. This category does not include diversion facility or diversion interim services facility. [Ord. 2741 §4 (part), 2024] 18.06.175 Cooperative Parking Facility "Cooperative parking facility" means an off-street parking facility shared by two or more buildings or uses. [Ord. 2741 §4 (part), 2024] 18.06.177 Correctional Institution "Correctional institution" means public and private facilities providing for: the confinement of adult offenders; or 2. the incarceration, confinement or detention of individuals arrested for or convicted of crimes whose freedom is partially or completely restricted other than a jail owned and operated by the City of Tukwila; or 3. the confinement of persons undergoing treatment for drug or alcohol addictions whose freedom is partially or completely restricted; or 4. transitional housing, such as halfway houses, for offenders who are required to live in such facilities as a condition of sentence or release from a correctional facility, except secure community transitional facilities as defined under RCW 71.09.020. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 15 of 356 18.06.178 Cottage Housing "Cottage housing" means residential units on a lot with common open space that either: (a) is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. [Ord. 2765 §8 (part), 2025] 18.06.179 Courtyard Apartments "Courtyard apartments" means attached dwelling units arranged on two or three sides of a yard. [Ord. 2765 §8 (part), 2025] 18.06.180 Coverage "Coverage" means the percentage of the area of a lot which is built upon or used for business or commercial purposes. [Ord. 2741 §4 (part), 2024] 18.06.181 Critical Root Zone "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk that is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a Qualified Tree Professional. Example: A 24 -inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter. [Ord. 2741 §4 (part), 2024] 18.06.182 Critical Areas "Critical areas" means wetlands, watercourses, areas of potential geologic instability (other than Class I areas), abandoned coal mine areas, fish and wildlife habitat conservation areas, and special hazard flood areas. [Ord. 2741 §4 (part), 2024] (001) Critical Area Buffer "Critical area buffer" means an area lying adjacent to but outside a critical area as defined by this Title, whose function is to protect critical areas from the potential adverse impacts of development, land use, or other activities. A wetland or watercourse critical area buffer also provides critical habitat value, bank stabilization, or water overflow area functions. [Ord. 2741 §4 (part), 2024] (007) Critical Areas Ordinance "Critical Areas Ordinance" means the Environmentally Critical Areas chapter of this title or as amended hereafter which establishes standards for land development on lots with critical areas (e.g. steep slopes, wetlands, watercourses, etc.). [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 16 of 356 (010) Critical Area Regulated Activities "Critical area regulated activities" means any of the following activities that are directly undertaken or originate in a regulated wetland or watercourse or their buffers: 1. Removal, excavation, grading or dredging of soil, sand, gravel, minerals, organic matter or material of any kind; 2. Dumping, discharging or filling with any material; 3. Draining, flooding or disturbing the water level or water table; 4. Driving of pilings; 5. Placing of obstructions; 6. Construction, reconstruction, demolition or expansion of any structure; 7. Destruction or alteration of wetlands, watercourses or their buffers through clearing, harvesting, shading, intentional burning or planting of vegetation that would alter the character of a regulated wetland, watercourse or buffer, provided that these activities are not part of a forest practice governed under RCW 76.09 and its rules; or 8. Activities that result in a significant change to the water sources of wetlands or watercourses. These alterations include a significant change in water temperature; physical or chemical characteristics, including quantity; and the introduction of pollutants. [Ord. 2741 §4 (part), 2024] (013) Critical Area Tractor Easement "Critical area tract or easement" means a tract or portion of a parcel that is created to protect the critical area and its buffer, whose maintenance is assured, and which is recorded on all documents of title of record for all affected lots and subsequent owners. [Ord. 2741 §4 (part), 2024] 18.06.183 Cul -de -Sac "Cul-de-sac" means a street having one end open to traffic and being terminated at the other end by a circular vehicular turn -around. [Ord. 2741 §4 (part), 2024] 18.06.185 Curb -Cut "Curb -cut" means a depression in the roadside curb for driveway purposes which provides access to a parking space on private premises from a public street. [Ord. 2741 §4 (part), 2024] 18.06.190 Dangerous Waste "Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous waste. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 17 of 356 18.06.195 Day Care Center "Day care center" means a state licensed agency which regularly provides care for a group of children during part of the 24-hour day. [Ord. 2741 §4 (part), 2024] 18.06.196 Daylighting "Daylighting" means removing piped sections of a watercourse to create open channels for watercourse conveyance. [Ord. 2741 §4 (part), 2024] 18.06.198 Dedication "Dedication" means a deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. [Ord. 2741 §4 (part), 2024] 18.06.199 Defective Tree "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and I The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. [Ord. 2741 §4 (part), 2024] 18.06.200 Density Transfer "Density transfer" means a percentage number which represents a credit for housing units which are not allowed to be built in wetlands, watercourses or their buffers. The density transfer is used in a formula for determining the number of residential units allowed on the buildable portion of a lot containing wetlands, watercourses and their buffers. [Ord. 2741 §4 (part), 2024] 18.06.202 Department "Department" means the Department of Community Development, unless otherwise stated [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 18 of 356 18.06.203 Design Criteria "Design criteria" explains mandatory design requirements for development proposals subject to design review. They are the decision criteria by which the Director decides whether to approve, condition or deny a project. [Ord. 2741 §4 (part), 2024] 18.06.204 Design Guidelines "Design guidelines" consist of advisory or recommended descriptions and illustrations that augment each design criteria, and provide guidance to the project applicant developing the project, to City staff in reviewing a project proposal, and to the Director in determining whether the project meets the design criteria. [Ord. 2741 §4 (part), 2024] 18.06.205 Designated Facility Zone "Designated facility zone" means a zoning district in which hazardous waste treatment and storage facilities are allowed uses, subject to the State siting criteria designated in RCW 70.105. [Ord. 2741 §4 (part), 2024] 18.06.208 Detached Zero -Lot -Line Units "Detached zero -lot -line units" means a development pattern of detached dwelling units constructed immediately adjacent to one side lot line (i.e., no side yard setback), coupled with an easement on the adjacent lot in order to maintain separation between structures. The easement will provide access rights for maintenance purposes, and help preserve privacy and usable yard space. [Ord. 2741 §4 (part), 2024] 18.06.210 Development "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit. [Ord. 2741 §4 (part), 2024] 18.06.215 Development Area "Development area" means the impervious surface area plus 75% of any area of pervious hard surface. [Ord. 2741 §4 (part), 2024] 18.06.216 Development Permit "Development permit" means a permit for development in accordance with specific approved plans that are on file with the Department. [Ord. 2741 §4 (part), 2024] 18.06.217 Development, Shoreline "Development, shoreline" means, when conducted within the Shoreline Jurisdiction on shorelands or shoreland areas as defined herein, a use consisting of the construction or exterior alteration of structures; Office of the City Clerk I City of Tukwila Page 19 of 356 dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; construction of bulkheads; driving of piling; placing of obstructions; or any project of a permanent or temporary nature that interferes with the normal public use of the waters overlying lands subject to the Shoreline Management Act at any stage of water level. "Development, Shoreline" does not include dismantling or removing structures if there is no other associated development or re -development. [Ord. 2741 §4 (part), 2024] 18.06.220 Diameter at Breast Height (DBH) "Diameter at Breast Height (DBH)" means the diameter of existing trees measured four and one-half feet above the ground. [Ord. 2741 §4 (part), 2024] 18.06.222 Dike "Dike" means an embankment or structure built in the river channel to contain or redirect flow within the channel and prevent shoreline destabilization. [Ord. 2741 §4 (part), 2024] 18.06.225 Director "Director" means the Director of the Department of Community Development, unless otherwise stated. [Ord. 2741 §4 (part), 2024] 18.06.230 District "District" means an area or district accurately defined as to boundaries and location on the official zoning map (Figure 18-10) and within which district only certain types of land uses are permitted. [Ord. 2741 §4 (part), 2024] 18.06.232 District, Overlay "District, overlay" means a set of zoning requirements that is described in the title text, mapped, and is imposed in addition to those of the underlying district [Ord. 2741 §4 (part), 2024] 18.06.234 Diversion Facility "Diversion facility" is a facility that provides community crisis services, which diverts people from jails, hospitals or other treatment options due to mental illness or chemical dependency, including those facilities that are considered "Triage facilities" under RCW 71.05.020 (43) and those facilities licensed as crisis stabilization units by the State of Washington. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 20 of 356 18.06.235 Diversion Interim Services Facility "Diversion interim services facility" is a facility that provides interim or respite services, such as temporary shelter, medical mental health treatment, case management or other support options such as transportation arrangements for patients who are referred to such a facility from a diversion facility. [Ord. 2741 §4 (part), 2024] 18.06.237 Dormitory "Dormitory" means a residential building or use which provides housing for students attending an affili- ated school or housing for members of a religious order. Dormitories may include kitchens, cafeterias, meeting rooms, laundry rooms and other accessory facilities to serve the residents of the facility. [Ord. 2741 §4 (part), 2024] 18.06.238 Drive-Throughs "Drive-Throughs" means the uses of land, buildings or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to persons remaining in motorized vehicles that are in a lane dedicated by signs for that purpose. [Ord. 2770 §2 (part), 2025] 18.06.240 Driveway "Driveway" means a private road giving access from a public way to a building or abutting grounds. [Ord. 2741 §4 (part), 2024] 18.06.241 Durable Uniform Surface "Durable uniform surface" means a durable uniform surface approved for the storage of vehicles by the City and consists of: Permeable pavement, such as grasscrete, porous pavers, permeable asphalt; or 2. Three inches of 3/8" to 1-1/4" crushed porous aggregate consisting of open -graded top course, base course, or similar material with 35-40% porosity. Mud or other fine materials should be prevented from working their way to the surface by the installation of a geotextile fabric, quarry spalls, or other approved materials below the porous aggregate; or 3. Concrete (4" minimum Portland cement concrete) over gravel section as described above and sloped to drain to prevent drainage impacts; or 4. Blacktop (2" minimum asphalt concrete pavement) over gravel section as described above and sloped to drain to prevent drainage impacts; or 5. Any other configuration of materials approved by the City that maintains a durable uniform surface and prevents drainage impacts. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 21 of 356 18.06.242 Dwelling, Co -Living "Dwelling, Co -living" means a residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. [Ord. 2770 §2 (part), 2025] 18.06.243 Dwelling, Manufactured Home or Mobile Home "Manufactured home dwelling" means a single-family dwelling required to be built in accordance with the regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 [Ord. 2741 §4 (part), 2024] 18.06.244 Dwelling, Middle Housing "Middle housing dwelling," means a building or buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing. [Ord. 2765 §8 (part), 2025] 18.06.245 Dwelling, Mobile Home "Mobile home dwelling" means a factory -built dwelling constructed before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 and acceptable under applicable State codes in effect at the time of construction or introduction of the home into this state. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.246 Dwelling, Multi -Family "Multi -family dwelling" means a building designed to contain two or more dwelling units, and not meeting the definition of a middle housing dwelling. Duration of tenancy in multi -family dwellings is not less than one month. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.247 Dwelling, Single -Family "Single-family dwelling" means a building, modular home or new manufactured home, designed to contain no more than one dwelling unit plus two accessory dwelling units. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 22 of 356 18.06.248 Dwelling Unit "Dwelling unit" means the whole of a building or a portion thereof providing complete housekeeping facilities for a group of individuals living together as a single residential community, with common cooking, eating and bathroom facilities, other than transitory housing or correctional facilities as defined in this code, which is physically separated from any other dwelling units which may be in the same structure. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.249 Easily Adaptable "Easily Adaptable" means a space that is constructed to meet the minimum standards of the International Building Code (IBC), the International Fire Code (IFC), and those of all utilities for a Type -B occupancy, including a 4 -inch or 6 -inch plumbing waste line that runs the length of the easily adaptable space. [Ord. 2770 §2 (part), 2025] 18.06.250 Eating and Drinking Establishments "Eating and Drinking Establishments" means a business dedicated to the sale of food and/or beverages to the public, including restaurants, bars, tap rooms, brewpubs, coffee shops, and other similar uses, but not including nightclubs. [Ord. 2770 §2 (part), 2025] 18.06.251 Ecological/Ecosystem Functions (or Shoreline Functions) "Ecological/ecosystem functions (or shoreline functions)" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-200 (2)(c). [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.252 Ecosystem -Wide Processes "Ecosystem -wide processes" means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. [Ord. 2741 §4 (part), 2024] 18.06.255 Emergency Housing "Emergency housing" shall have the meaning listed in RCW 36.70A.030. [Ord. 2741 §4 (part), 2024] (001) Emergency Shelter "Emergency shelter" shall have the meaning listed in RCW 36.70A.030. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 23 of 356 (002) Permanent Supportive Housing "Permanent supportive housing" shall have the meaning listed in RCW 36.70A.030. [Ord. 2741 §4 (part), 2024] (003) Transitional Housing "Transitional housing" means a facility that provides housing, case management, and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living. [Ord. 2741 §4 (part), 2024] (004) Domestic Shelter "Domestic Shelter" means a one- or two -unit residential building providing housing on a short-term basis for victims of abuse and their dependents (children under the age of 18). [Ord. 2741 §4 (part), 2024] 18.06.258 Electric vehicle "Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off -board source, that is stored on -board for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric vehicle. [Ord. 2741 §4 (part), 2024] 18.06.259 Electric Vehicle Charging Station "Electric vehicle charging station" means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. [Ord. 2741 §4 (part), 2024] 18.06.260 Electric Vehicle Charging Station -Restricted "Electric vehicle charging station—restricted" means an electric vehicle charging station that is (1) privately owned and has restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). [Ord. 2741 §4 (part), 2024] 18.06.261 Electric Vehicle Charging Station -Public "Electric vehicle charging station—public" means an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on -street parking) or (2) privately owned and publicly available (e.g., shopping center parking, non -reserved parking in multi -family parking lots). [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 24 of 356 18.06.262 Electric Vehicle Infrastructure "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. [Ord. 2741 §4 (part), 2024] 18.06.263 Electric Vehicle Parking Space "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. [Ord. 2741 §4 (part), 2024] 18.06.264 Engineer, Geotechnical "Geotechnical engineer" means a professional engineer who can document at least four years of employment as a professional engineer in the field of geotechnical engineering. [Ord. 2741 §4 (part), 2024] 18.06.266 Engineer, Professional "Professional engineer" means an engineer licensed in the State of Washington. [Ord. 2741 §4 (part), 2024] 18.06.268 Engineering, Geotechnical "Geotechnical engineering" means the application of civil engineering technology that combines the basic physical sciences, geology and pedology, with hydraulic, structural, transportation, construction, and mining engineering as each relates to the natural materials found at or near the earth's surface (soils and rock). Geotechnical engineering includes: 1. Soils mechanics: kinematics, dynamics, fluid mechanics, and mechanics of material applied to soils in order to build with or on soils. 2. Foundation engineering: applied geology, soil mechanics, rock mechanics, structural engineering to design, and construction of civil engineering and other structures. Evaluate foundation performance (static and dynamic loading), stability of natural and excavated slopes, stability of permanent and temporary earth - retaining structures, construction problems, control of water movement and soil pressures, maintenance and rehabilitation of old buildings. Rock engineering: buildings, dams, deep excavations, tunnels. [Ord. 2741 §4 (part), 2024] 18.06.269 Environment Designation "Environment designation" means the term used to describe the character of the shoreline in Tukwila based upon the recommended classification system established by WAC 173-26-211 and as further refined by Tukwila's Shoreline Master Program (SMP). [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 25 of 356 18.06.270 Essential Public Facility "Essential public facility" means a facility which provides a basic public service, provided in one of the following manners: directly by a government agency, by a private entity substantially funded or contracted for by a government agency, or provided by a private entity subject to public service obligations (i.e., private utility companies which have a franchise or other legal obligation to provide service within a defined service area). This does not include facilities that are operated by a private entity in which persons are detained in custody under process of law pending the outcome of legal proceedings. [Ord. 2741 §4 (part), 2024] 18.06.280 Essential Use "Essential use" means that use for the preservation or promotion of which the use district was created and to which all other permitted uses are subordinate. [Ord. 2741 §4 (part), 2024] 18.06.283 Essential Utility "Essential utility" means a utility facility or utility system where no feasible alternative location exists based on an analysis of technology and system efficiency. [Ord. 2741 §4 (part), 2024] 18.06.285 Essential Street, Road, or Right -of -Way "Essential street, road, or right-of-way" means a street, road or right-of-way where no feasible alternative location exists based on an analysis of technology and system efficiency. [Ord. 2741 §4 (part), 2024] 18.06.287 Extended -Stay Hotel or Motel "Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of which contain independent provisions for living, eating and sanitation including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and are specifically constructed, kept, used, maintained, advertised and held out to the public to be a place where temporary residence is offered for pay to persons for a minimum stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or motels shall not include dwelling units, as defined in this section, for permanent occupancy. The specified units for extended -stay must conform to the required features, building code, and fire code provisions for dwelling units as set forth in this code. Nothing in this definition prevents an extended - stay unit from being used as a hotel or motel unit. Extended -stay hotel or motels shall be required to meet the hotel/motel parking requirements. Not included are institutions housing persons under legal restraint or requiring medical attention or care. [Ord. 2741 §4 (part), 2024] 18.06.290 Extremely Hazardous Waste "Extremely hazardous waste" means those solid wastes designated in WAC 173-303-070 through 173- 303-103 as extremely hazardous waste. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 26 of 356 18.06.295 Facade "Fagade" means the exterior elevation of a structure or building as viewed from a single vantage point. [Ord. 2765 §8 (part), 2025] 18.06.300 Family Child Care Home "Family child care home" means a "family day-care provider" as defined in RCW 74.15.020: a state - licensed facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children, including children who reside at the home, within an age range of birth through 11 years, exclusively for periods less than 24 hours per day. An off-street parking space shall be made available for any non- resident employee. [Ord. 2741 §4 (part), 2024] 18.06.305 Feasible "Feasible" means, for the purpose of the Shoreline Master Program, that an action such as a development project, mitigation, or preservation requirement, meets all of the following conditions: 1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; The action provides a reasonable likelihood of achieving its intended purpose; and The action does not physically preclude achieving the project's primary intended legal use. In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the reviewing agency may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. [Ord. 2741 §4 (part), 2024] 18.06.310 Fence "Fence" means a wall or barrier for the purpose of enclosing space, separating parcels of land or acting as a screen or protective barrier. [Ord. 2741 §4 (part), 2024] 18.06.315 Filling "Filling" means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpiling of fill material). [Ord. 2741 §4 (part), 2024] 18.06.318 Final Plat "Final plat" means the final drawing of the subdivision and dedication prepared for filing for record with the King County Department of Executive Services, and containing all elements and requirements set forth in the subdivision code. Office of the City Clerk I City of Tukwila Page 27 of 356 [Ord. 2741 §4 (part), 2024] 18.06.320 Fire Lane "Fire lane" means an aisle, lane or roadway on an improved site which is designed, constructed and required for emergency access of fire and aid unit vehicles. [Ord. 2741 §4 (part), 2024] 18.06.325 Floor Area "Floor area" means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior walls and from the centerline of divisions walls. Floor area includes basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of 7 feet 6 inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches, and malls. Floor area shall not include accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than 7 feet 6 inches, exterior steps or stairs, terraces, breezeways and open spaces. [Ord. 2741 §4 (part), 2024] 18.06.330 Flood Plain "Flood plain" means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year (synonymous with 100 -year flood plain). The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method that meets the objectives of the Shoreline Management Act. [Ord. 2741 §4 (part), 2024] 18.06.335 Flood Hazard Reduction "Flood hazard reduction" means actions taken to reduce flood damage or hazards. Flood hazard reduction measures may consist of nonstructural or indirect measures, such as setbacks, land use controls, wetland restoration, dike removal, use relocation, bioengineering measures, and storm water management programs; and of structural measures such as dikes and levees intended to contain flow within the channel, channel realignment, and elevation of structures consistent with the National Flood Insurance Program. [Ord. 2741 §4 (part), 2024] 18.06.338 Floodway "Floodway" means the area that has been established in effective federal emergency management agency flood insurance rate maps or floodway maps. The floodway does not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 28 of 356 18.06.340 Fraternal Organization "Fraternal organization" means a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements. [Ord. 2741 §4 (part), 2024] 18.06.345 Garage, Private "Private garage" means sheltered or enclosed space designed and used for the storage of motor vehicles or boats of the residents of the premises. [Ord. 2741 §4 (part), 2024] 18.06.353 General Retail "General retail" is a business or a store which engages in the sale of goods and/or services to the general public. Examples include stores that sell clothing, groceries, or other consumer goods, and personal services such as barbers, salons, and spas. [Ord. 2770 §2 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.355 Geologist "Geologist" means a person licensed to practice as a geologist in the State of Washington who has earned a degree in geology, engineering geology, hydrogeology or one of the related geological sciences from an accredited college or university, or a person who has equivalent educational training and has experience as a practicing geologist. [Ord. 2741 §4 (part), 2024] 18.06.365 Grade "Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line, if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley or public way. [Ord. 2741 §4 (part), 2024] 18.06.370 Grading "Grading" means activity that results in change of the cover or topography of the earth, or any activity that may cause erosion, including clearing, excavation, filling and stockpiling. [Ord. 2741 §4 (part), 2024] 18.06.380 Groundcover "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 29 of 356 18.06.385 Hazardous Substance "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by WAC 173-303. [Ord. 2741 §4 (part), 2024] 18.06.390 Hazardous Substance Processing or Handling "Hazardous substance processing or handling" means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. [Ord. 2741 §4 (part), 2024] 18.06.395 Hazardous Tree See "Defective Tree." [Ord. 2741 §4 (part), 2024] 18.06.400 Hazardous Waste "Hazardous waste" means and includes all waste as defined in this definitions chapter and all extremely hazardous waste as defined in this definitions chapter. [Ord. 2741 §4 (part), 2024] 18.06.405 Hazardous Waste Storage "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of WAC 173-303. [Ord. 2741 §4 (part), 2024] 18.06.410 Hazardous Waste Treatment "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes non -dangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. [Ord. 2741 §4 (part), 2024] 18.06.415 Hazardous Waste Treatment and Storage Facility, Off -Site "Off-site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off-site facility is located. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 30 of 356 18.06.420 Hazardous Waste Treatment and Storage Facility, On -Site "On-site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes generated on the same site. [Ord. 2741 §4 (part), 2024] 18.06.430 Home Occupation "Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on by a resident of the dwelling place. [Ord. 2741 §4 (part), 2024] 18.06.435 Hospital "Hospital" means a building requiring a license pursuant to RCW 70.41 and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes, diversion facility/diversion interim services facility and outpatient medical clinics are not included. [Ord. 2741 §4 (part), 2024] 18.06.440 Hotel "Hotel" means a building, or buildings or portion thereof, the units of which are used, rented or hired out as sleeping accommodations only for the purpose of transitory housing. Hotel rooms shall have their own private toilet facilities, and may or may not have their own kitchen facilities. Hotels shall not include dwelling units, as defined in this section, for permanent occupancy. A central kitchen, dining room and accessory shops and services catering to the general public can be provided. No room may be used by the same person or persons for a period exceeding thirty (30) calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. [Ord. 2741 §4 (part), 2024] 18.06.445 Impervious Surface "Impervious surface" means those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. [Ord. 2741 §4 (part), 2024] 18.06.450 Infrastructure "Infrastructure" means the basic installations and facilities on which the continuance and growth of a community depend, such as roads, public buildings, schools, parks, transportation, water, sewer, surface water and communication systems. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 31 of 356 18.06.451 Industrial Use, Light A. "Industrial Use, Light" means manufacturing and industrial uses that have little potential for creating off-site noise, smoke, dust, vibration or other external environmental impacts or pollution. An applicant or property owner may be required to demonstrate that a proposed use meets this definition, and performance may be monitored. Examples of uses that always meet this definition include, but are not limited to: 1. Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs. 2. Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 3. Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 4. Manufacturing, processing, and/or packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) [Ord. 2770 §2 (part), 2025] 18.06.452 Industrial Use, Heavy A. "Industrial Use, Heavy" means manufacturing and industrial uses that have moderate to substantial potential for creating off-site noise, smoke, dust, vibration or other external environmental impacts. An applicant or property owner may be required to demonstrate that a proposed use meets this definition, and performance may be monitored. Examples of uses that always meet this definition include, but are not limited to: 1. Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and 2. Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses; and 3. Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; and 4. Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; and 5. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering. Office of the City Clerk I City of Tukwila Page 32 of 356 [Ord. 2770 §2 (part), 2025] 18.06.453 Integrated Site "Integrated site" means a commercial or industrial zoned property for which a Binding Site Improvement Plan is being or has been approved and recorded. The site typically contains within it multiple tracts of land under separate leasehold or ownership, but functions as a single center. Characteristics of an integrated site includes commonly shared access, parking, utilities, signage and landscaping; the site is not bisected by a public or private street; and zoning and sign regulations are applied to the entire site, as if there were no interior property lines. [Ord. 2741 §4 (part), 2024] 18.06.454 Internet Data/Telecommunication Center "Internet data/telecommunication center" means a secure, climate -controlled facility with emergency backup power that contains internet data transmission and switching equipment and/or telecommunication transmission and switching equipment. This equipment may include computer network routers, switches and servers for one or more companies. [Ord. 2741 §4 (part), 2024] 18.06.456 Invasive Plant and Tree List "Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights-of-way. [Ord. 2741 §4 (part), 2024] 18.06.460 Junk Yard "Junk yard" means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging and sale of parts of machinery or vehicles not in running condition. [Ord. 2741 §4 (part), 2024] 18.06.465 Kennel "Kennel" means a place where four or more dogs or cats or any combination thereof are kept. [Ord. 2741 §4 (part), 2024] 18.06.470 Laboratory, Medical and Dental "Medical or dental laboratory" means premises devoted to sample testing or product development in any branch of medicine or dentistry, including the application of scientific principles in testing, analysis, or preparation of drugs, chemicals or other products or substances but specifically excluding the commercial manufacturing or storage and distribution operations in excess of 20,000 square feet of floor area. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 33 of 356 18.06.472 Large Woody Debris (LWD) "Large Woody Debris (LWD)" means whole trees with root wads and limbs attached, cut logs at least 4 inches in diameter along most of their length, root wads at least 6.5 feet long and 8 inches in diameter. Large woody debris is installed to address a deficiency of habitat and natural channel forming processes. [Ord. 2741 §4 (part), 2024] 18.06.473 Land Surveyor "Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43 and licensed to perform land surveys in the State of Washington. [Ord. 2741 §4 (part), 2024] 18.06.475 Land -Altering Activity "Land -altering activity" means any activity that results in change of the natural cover or topography, as defined in TMC 16.54, Land Altering. [Ord. 2741 §4 (part), 2024] 18.06.480 Land -Altering Permit "Land -altering permit" means a permit for land -altering activity issued by the City of Tukwila pursuant to TMC 16.54, Land Altering. [Ord. 2741 §4 (part), 2024] 18.06.486 Landscape Design Professional "Landscape Design Professional" means a landscape architect licensed by the State of Washington or an individual who has graduated from an accredited landscape design program. [Ord. 2741 §4 (part), 2024] 18.06.490 Landscaping or Landscaped Areas "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may serve as bioswales to reduce storm water runoff, subject to the standards of this chapter and TMC 14.30. [Ord. 2741 §4 (part), 2024] (001) Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. [Ord. 2741 §4 (part), 2024] 18.06.492 Lease "Lease" means a contract or agreement whereby one party grants to another party general or limited rights, title or interest in real property. This definition is intended to apply to those agreements which are Office of the City Clerk I City of Tukwila Page 34 of 356 ordinarily considered "ground leases", and shall not apply to those which are ordinarily considered "space leases." [Ord. 2741 §4 (part), 2024] 18.06.493 Levee "Levee" means a broad embankment of earth built parallel with the river channel to contain flow within the channel and prevent flooding from a designated design storm. [Ord. 2741 §4 (part), 2024] 18.06.495 Loading Space "Loading space" means a space which is on the same site with the principal use served and which provides for the temporary parking of a vehicle while loading or unloading merchandise, materials or passengers. [Ord. 2741 §4 (part), 2024] 18.06.500 Lot A. "Lot" means a physically separate and distinct parcel of property which: was created by subdivision or binding site plan; or 2. was bought or sold as a separately -owned parcel of property prior to the requirement that lots be created by subdivision or binding site plan; or 3. was created by a transaction which was exempt from the requirement that lots be created by subdivision or binding site plan. B. "Lots" may be bought or sold as separate parcels of property, but the fact that a parcel of property is defined as a "lot" does not necessarily mean that it may be developed as a separate building site. [Ord. 2741 §4 (part), 2024] 18.06.505 Lot Area "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right- of-way, street easement, fire access roads or private access roads except, where the private road serves four or fewer lots. [Ord. 2741 §4 (part), 2024] 18.06.510 Lot, Corner "Corner lot" means a lot abutting two or more streets or parts of the same street forming an interior angle of less than 135 degrees within the lot lines. [Ord. 2741 §4 (part), 2024] 18.06.520 Lot Depth "Lot depth" means the mean dimension of the lot from the front street line to the rear line. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 35 of 356 18.06.525 Lot Frontage "Lot frontage" means that front portion of a lot nearest the street, except on a corner lot in which case the front yard shall be considered the narrowest part of the lot that abuts a street. [Ord. 2741 §4 (part), 2024] 18.06.530 Lot Lines "Lot lines" means the property lines bounding the lot; except that in MDR and HDR zones, lot lines shall also include the curbline or edge or easement, whichever provides a greater width, of any adjacent `access roads'. [Ord. 2741 §4 (part), 2024] 18.06.535 Lot, Interior "Interior lot" means a lot other than a corner lot with only one frontage on a street. [Ord. 2741 §4 (part), 2024] 18.06.538 Lot, Parent "Parent lot" means the initial lot from which unit lots are subdivided for the exclusive use of townhouses, cottage housing, compact single-family, zero -lot -line units, or any combination of the above types of residential development. [Ord. 2741 §4 (part), 2024] 18.06.540 Lot, Through "Through lot" means a lot fronting on two streets that do not intersect on the parcel's lot lines. [Ord. 2741 §4 (part), 2024] 18.06.543 Lot, Unit "Unit lot" means one of the individual lots created from the subdivision of a parent lot for the exclusive use of townhouses, cottage housing, compact single-family, zero -lot -line units, or any combination of the above types of residential development. [Ord. 2741 §4 (part), 2024] 18.06.545 Lot Width "Lot width" means the mean horizontal distance between lot side lines. [Ord. 2741 §4 (part), 2024] 18.06.551 Cannabis "Cannabis" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation Office of the City Clerk I City of Tukwila Page 36 of 356 of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. [Ord. 2741 §4 (part), 2024] 18.06.552 Cannabis Processor Cannabis processor means a person licensed by the state Liquor and Cannabis Board to process cannabis, whether medical or recreational, into cannabis concentrates, useable cannabis and cannabis - infused products package and label cannabis concentrates, useable cannabis and cannabis -infused products for sale in retail outlets and sell cannabis concentrates, useable cannabis and cannabis -infused products at wholesale to cannabis retailers. [Ord. 2741 §4 (part), 2024] 18.06.553 Cannabis Producer Cannabis producer means a person licensed by the state Liquor and Cannabis Board to produce and sell cannabis, whether medical or recreational, at wholesale cannabis processors and other cannabis producers. [Ord. 2741 §4 (part), 2024] 18.06.554 Cannabis Retailer Cannabis retailer means a person licensed by the state Liquor and Cannabis Board to sell cannabis concentrates, useable cannabis, and cannabis -infused products in a retail outlet, for either recreational or medical use. [Ord. 2741 §4 (part), 2024] 18.06.555 Major Adjustment "Major adjustment" means an adjustment determined by the Director as a major change in a final development plan which changes the basic design, density, open space or other substantive requirements or provisions. [Ord. 2741 §4 (part), 2024] 18.06.556 Major Transit Stop "Major transit stop" means a stop on a high capacity transportation system funded or expanded under the provisions of RCW 81.104; commuter rail stops; stops on rail or fixed guideway systems; or stops on bus rapid transit routes, including those stops that are under construction. [Ord. 2765 §8 (part), 2025] 18.06.557 Cannabis -infused Products "Cannabis -infused products means products that contain cannabis or cannabis extracts are intended for human use, whether medical or recreational and have a T C concentration within the limits set forth in RCW 69.50.101. The term cannabis -infused products does not include either useable cannabis or cannabis concentrates. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 37 of 356 18.06.558 Cannabis Concentrates "Cannabis concentrates" is as defined under RCW 69.50.101. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.560 Mall "Mall" means an enclosed public area, typically a concourse, designed as a pedestrian walkway along rows of shops and often set with landscaping and/or seating. [Ord. 2741 §4 (part), 2024] 18.06.565 Manufactured/Mobile Home Park "Manufactured/mobile home park" means a master planned development consisting of a grouping of manufactured or mobile home dwellings, and may include park management offices and accessory community facilities for the exclusive use of park residents, such as recreation, laundry or storage facilities. [Ord. 2741 §4 (part), 2024] 18.06.567 Manufacturing "Manufacturing" is a building or group of buildings which specializes in the manufacturing of products or in the research and testing of products. Examples include factories, testing laboratories, creameries, bottling establishments, bakeries, canneries, printing and engraving shops. [Ord. 2741 §4 (part), 2024] 18.06.568 Mass Transit Facilities "Mass transit facilities" shall include structures and infrastructure for public or private transportation systems having established routes and schedules such as transit centers, commuter and light rail facilities, both rail lines and stations, monorails, people movers and other similar mass transit facilities but not including incidental improvements such as bus stops. [Ord. 2741 §4 (part), 2024] 18.06.570 Mean High Water Mark "Mean high water mark" means the elevation of the surface of Green River and Duwamish River waters when the discharge rate at the U. S. Geological Survey Stream Gauging Station, Green River near Auburn (121130), is 9,000 cfs and as determined by maps on file with the City Clerk. [Ord. 2741 §4 (part), 2024] 18.06.571 Mean Higher High Water (MHHW) "Mean Higher High Water (MHHW)" means the average of the higher high water height of each tidal day, and used in determining the ordinary high water mark for the tidally influenced portions of the river. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 38 of 356 18.06.575 Mining and Quarrying "Mining and quarrying" means removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, greater than 50,000 cubic yards cumulative. [Ord. 2741 §4 (part), 2024] 18.06.580 Minor Adjustment "Minor adjustment" means any change which is not determined by the Director to be a major change. [Ord. 2741 §4 (part), 2024] 18.06.581 Mitigation "Mitigation" means replacing project induced critical area and buffer losses or impacts, and includes but is not limited to the following: 1. Restoration: Actions performed to reestablish critical area and its buffer functional characteristics and processes that have been lost by alterations, activities or catastrophic events within an area that no longer meets the definition of a critical area; 2. Creation: Actions performed to intentionally establish a critical area and its buffer at a site where it did not formerly exist; 3. Enhancement: Actions performed to improve the condition of an existing degraded critical area or its buffer so that the functions it provides are of higher quality. [Ord. 2741 §4 (part), 2024] 18.06.583 Modular Home "Modular home" means a factory -built residential structure, transportable in one or more sections, which meets the requirements of the Uniform Building Code. [Ord. 2741 §4 (part), 2024] 18.06.584 Motel "Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units, as defined in this section, for permanent occupancy. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. [Ord. 2741 §4 (part), 2024] 18.06.585 Native Vegetation "Native vegetation" means plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and that reasonably could be expected to have occurred naturally on the site. Office of the City Clerk I City of Tukwila Page 39 of 356 [Ord. 2741 §4 (part), 2024] 18.06.586 New Manufactured Home "New manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). [Ord. 2741 §4 (part), 2024] 18.06.587 Nightclub "Nightclub" means a commercial establishment that habitually operates after the hour of midnight, dispenses alcoholic beverages for consumption on the premises, and in which one or more forms of amusement are provided or permitted, such as dancing. [Ord. 2770 §2 (part), 2025] 18.06.588 No Net Loss "No net loss" means a standard intended to ensure that shoreline development or uses, whether permitted or exempt, are located and designed to avoid loss or degradation of shoreline ecological functions that are necessary to sustain shoreline natural resources. [Ord. 2741 §4 (part), 2024] 18.06.589 Nonconforming (001) Structure "Nonconforming Structure" means a structure legally established prior to the effective date of this zoning code, but which does not conform to present regulations. [Ord. 2765 §8 (part), 2025] (002) Structure, Shoreline "Nonconforming Structure, Shoreline" means a structure legally established prior to the effective date of the Shoreline Master Program, but which does not conform to present regulations. [Ord. 2765 §8 (part), 2025] (003) Use "Nonconforming use" means the use of land which does not conform to the use regulations of the district in which the use exists. [Ord. 2765 §8 (part), 2025] (004) Use, Shoreline "Nonconforming use, shoreline" means a use or development that was lawfully constructed or established prior to the effective date of the Shoreline Management Act or the Shoreline Master Program or amendments thereto, but which does not conform to present regulations or standards of the program. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 40 of 356 18.06.591 Non -Water -Oriented Uses "Non -water -oriented uses" means those uses that are not water -dependent, water -related, or water - enjoyment. [Ord. 2741 §4 (part), 2024] 18.06.592 Office "Office" is a building or a group of buildings dedicated to non -manufacturing types of work that are for the use of employees but may or may not be for use by the general public. Examples include services such as accounting, advertising, architectural/engineering, consulting, information processing, legal, medical and/or dental. [Ord. 2741 §4 (part), 2024] 18.06.593 Open Record Appeal "Open record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made without an open record hearing. Testimony and submission of relevant evidence and information shall be permitted at the hearing on such an appeal. [Ord. 2741 §4 (part), 2024] 18.06.594 Open Record Hearing "Open record hearing" means a quasi-judicial hearing conducted by a hearing body which creates the official record regarding a permit application. Oral testimony and submission of relevant evidence and documents shall be permitted at such a hearing. [Ord. 2741 §4 (part), 2024] 18.06.595 Open Space "Open space" means that area of a site which is free and clear of building and structures and is open and unobstructed from the ground to the sky. [Ord. 2741 §4 (part), 2024] 18.06.600 Open Space Tract "Open space tract" means a tract that is established to preserve open space, and which is recorded on all documents of title of record for all affected lots and subsequent owners. [Ord. 2741 §4 (part), 2024] 18.06.605 Ordinary High Water Mark "Ordinary High Water Mark" means the mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters (all lakes, streams, and tidal water) are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government Office of the City Clerk I City of Tukwila Page 41 of 356 or the Department of Ecology. In any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. [Ord. 2741 §4 (part), 2024] 18.06.607 Overwater Structure "Overwater structure" means any device or structure projecting over the ordinary high water mark, including, but not limited to bridges, boat lifts, wharves, piers, docks, ramps, floats or buoys. [Ord. 2741 §4 (part), 2024] 18.06.610 Parcel "Parcel" means a tract or plat of land of any size which may or may not be subdivided or improved. [Ord. 2741 §4 (part), 2024] 18.06.611 Park and Ride "Park and Ride" means a facility for temporarily parking automobiles, the occupants of which transfer to public transit to continue their trips. [Ord. 2741 §4 (part), 2024] 18.06.613 Parking, Commercial "Commercial parking" is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily or weekly fees are charged. [Ord. 2741 §4 (part), 2024] 18.06.615 Parking Space "Parking space" means an off-street parking space which is maintained and used for the sole purpose of accommodating a temporarily parked motor vehicle and which has access to a street or alley. [Ord. 2741 §4 (part), 2024] 18.06.617 Pawnbroker "Pawnbroker" is an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. [Ord. 2741 §4 (part), 2024] 18.06.618 Performance Bond or Guarantee "Performance bond or guarantee" means that security to ensure installation of certain required improvements which may be accepted to defer those improvements when such a deferment is warranted and acceptable to the City. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 42 of 356 18.06.620 Performance Standards "Performance standards" means specific criterie remedial action, mitigation or contingency measures, hydrological, geological or ecological criteria. 18.06.625 Person for fulfilling environmental goals, and for beginning which may include water quality standards or other [Ord. 2741 §4 (part), 2024] "Person" means any legal entity recognized by the State of Washington for the purpose of assigning legal responsibility, to include - but not limited to - individuals, partnerships, corporations, associations, commissions, boards, utilities, institutions, and estates. [Ord. 2741 §4 (part), 2024] 18.06.627 Pervious Hard Surface "Pervious hard surface" means permeable pavement or a green roof. [Ord. 2741 §4 (part), 2024] 18.06.630 Plan "Plan" means a sketch, survey or other drawing, photograph or similar document which may be a part of the set of permit drawings or construction documents, sufficient for the Director to make a final permit decision. [Ord. 2741 §4 (part), 2024] 18.06.632 Planned Residential Development (PRD) "Planned residential development (PRD)" means a form of residential development characterized by a unified site design for a number of dwelling units, clustered buildings, common open space, and a mix of building types. The PRD is an overlay district which is superimposed over the underlying district as an exception to such district regulations, as processed through procedures specified in the Planned Residential Development District chapter of this title. (See TMC 18.46, Planned Residential Development) [Ord. 2741 §4 (part), 2024] 18.06.633 Planning Commission "Planning Commission" means that body as defined at TMC 2.36. [Ord. 2741 §4 (part), 2024] 18.06.635 Plat "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 43 of 356 18.06.636 Preliminary Plat "Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be applicable to the proposal, and other elements of a plat which shall furnish a basis for the approval or disapproval of the application. [Ord. 2741 §4 (part), 2024] 18.06.637 Principal Building "Principal building" means the principal structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. [Ord. 2741 §4 (part), 2024] 18.06.638 Private Access Road "Private access road" means a minor, privately owned and maintained road which serves to provide access to lots as authorized pursuant to TMC 17.24.030 and 17.28.050. [Ord. 2741 §4 (part), 2024] 18.06.640 Property Owner "Property owner" means the owner of record for a site, or his or her authorized representative. [Ord. 2741 §4 (part), 2024] 18.06.645 Protected Tree/Protected Vegetation "Protected tree/protected vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. [Ord. 2741 §4 (part), 2024] 18.06.650 Protection Measure "Protection measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Permit. [Ord. 2741 §4 (part), 2024] 18.06.651 Protective Fencing "Protective fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is required by a Tree Permit or approved landscaping plan. [Ord. 2741 §4 (part), 2024] 18.06.652 Pruning "Pruning" means the cutting or limbing of tree or shrub branches as specified in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Office of the City Clerk I City of Tukwila Page 44 of 356 Pruning" published by the International Society of Arboriculture. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". [Ord. 2741 §4 (part), 2024] (001) Topping "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. [Ord. 2741 §4 (part), 2024] 18.06.655 Public Access "Public access" means the ability of the general public to reach, touch or enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. Public access may be provided by an owner by easement, covenant, or similar legal agreement of substantial walkways, corridors, parks, or other areas serving as a means of view and/or physical approach to public waters. [Ord. 2741 §4 (part), 2024] 18.06.656 Public Entity "Public entity" mean any Federal, State, or local government body or agency. [Ord. 2741 §4 (part), 2024] 18.06.657 Public Meeting "Public meeting" means an informal meeting or workshop to provide public information regarding a project permit application and to obtain comments about the application from the public. The information gathered at such a meeting does not constitute part of the official record regarding a project permit application. [Ord. 2741 §4 (part), 2024] 18.06.658 Public Right -of -Way "Public right-of-way" means all public streets, alleys and property granted, reserved for, or dedicated to public use for streets and alleys, together with all public property granted, reserved for, or dedicated to public use, including but not limited to walkways, sidewalks, trails, shoulders, drainage facilities, bikeways and horse trails, whether improved or unimproved, including the air rights, subsurface rights, and easements related thereto. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 45 of 356 18.06.660 Rapid Charging Station "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by RCW 19.28 and is consistent with rules adopted under RCW 19.27.540. [Ord. 2741 §4 (part), 2024] 18.06.662 Reach "Reach" means a segment of a watercourse with uniform characteristics. [Ord. 2741 §4 (part), 2024] 18.06.665 Recreation Space "Recreation space" means covered and uncovered space designed and intended for active and/or passive recreational activity including but not limited to tennis courts, swimming pools, cabanas, playgrounds, playfields, or wooded areas, and specifically excluding any parking area, driveway, or rockery. [Ord. 2741 §4 (part), 2024] 18.06.670 Recreation Space, Covered "Covered recreation space" means an area of ground covered or overlaid by an artificial or manmade surface, such as rooftops or pavement. [Ord. 2741 §4 (part), 2024] 18.06.675 Recreation Space, Uncovered "Uncovered recreation space" means an area of ground characterized by a natural surface, such as lawn, forests, or sandboxes (for children's play). [Ord. 2741 §4 (part), 2024] 18.06.676 Regional Detention Facility "Regional detention facility" means a stormwater detention and/or retention facility that accepts flow from multiple parcels and/or public right-of-way. The facility may be public or private. [Ord. 2741 §4 (part), 2024] 18.06.677 Revetment "Revetment" means a sloping structure built to increase bank strength and protect an embankment or shore against erosion by waves or river currents. A revetment is usually built of rock rip -rap, wood, or poured concrete. One or more filter layers of smaller rock or filter cloth and "toe" protection are included. A revetment typically slopes and has a rough or jagged face. The slope differentiates it from a bulkhead, which is a vertical structure. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 46 of 356 18.06.680 Research and Development Facility "Research and development facility" means a use in which research and experiments leading to the development of new products or technology are conducted. This definition includes, but is not limited to, facilities engaged in all aspects of bio -medical research and development. This use may be associated with, or accessory to, institutional and commercial uses such as business or administrative offices and medical facilities. [Ord. 2741 §4 (part), 2024] 18.06.682 Religious Facility "Religious facility" means a facility operated for worship, prayer, meditation or similar activity by an organization granted tax exempt status by the Federal Internal Revenue Service. [Ord. 2741 §4 (part), 2024] 18.06.685 Residence "Residential Conversion" means the conversion of a building, or portion of a building, that is vacant, or occupied by a nonresidential use, to a residential use. [Ord. 2741 §4 (part), 2024] 18.06.686 Residential Conversion "Residential Conversion" means the conversion of a building, or portion of a building, that is vacant, or occupied by a nonresidential use, to a residential use. [Ord. 2765 §8 (part), 2025; Ord. 2758 §2, 2025] 18.06.687 Restaurant "Restaurant" is an establishment whose principal business is the sale of foods to be eaten on the premises, including either indoor or outdoor seating, which may also include an area reserved for the sale of alcoholic beverages. [Ord. 2741 §4 (part), 2024] 18.06.688 Restaurant, Fast Food "Restaurant, fast food" means an establishment whose principal business is the sale of foods, frozen desserts, or beverages served in or on disposable containers for consumption while seated within the building or in a vehicle or incidentally within a designated outdoor area, or for takeout with consumption off the premises. [Ord. 2741 §4 (part), 2024] 18.06.689 Right -of -Way "Right-of-way" means a right belonging to a party to pass over land of another. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 47 of 356 18.06.690 Riparian "Riparian" means the land along the margins of rivers and streams. [Ord. 2741 §4 (part), 2024] 18.06.691 River Channel "River Channel" means that area of the river lying riverward of the mean high water mark. [Ord. 2741 §4 (part), 2024] 18.06.696 Riverbank Analysis and Report "Riverbank analysis and report" means a scientific study or evaluation conducted by qualified experts and the resulting report to evaluate the ground and/or surface hydrology and geology, the geomorphology and hydraulic characteristics of the river, the affected land form and its susceptibility to mass wasting, erosion, scouring and other geologic hazards or fluvial processes. The report shall include conclusions and recommendations regarding the effect of the proposed development on geologic and/or hydraulic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological, hydrological and hydraulic impacts of the proposed development, including the potential adverse impacts to adjacent and down -current properties. Geotechnical/hydrological/hydraulic reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. [Ord. 2741 §4 (part), 2024] 18.06.697 Roadway "Roadway" means that improved portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. [Ord. 2741 §4 (part), 2024] 18.06.705 Screening "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. [Ord. 2741 §4 (part), 2024] 18.06.706 Secure Community Transitional Facility "Secure community transitional facility" means a secure community transitional facility as defined under RCW 71.09.020, which defines it as "a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the DSHS secretary or under contract with the secretary." [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 48 of 356 18.06.707 Self -Storage Facility "Self -Storage facility" means a building designed and used for the purpose of renting or leasing individual indoor storage space to customers who are to have access to the space for the purpose of storing or removing personal property on a self-service basis. [Ord. 2741 §4 (part), 2024] 18.06.708 Senior Citizen Housing "Senior citizen housing" is housing in a building or group of buildings with two or more dwelling units, restricted to occupancy by at least one senior citizen, as defined herein, per unit, and may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision or other similar activities. Such housing is further distinguished by the use of funding restrictions, covenants between the developer, tenants, operators and/or the City or other agreements that restrict the development to those individuals over 60 years of age. Senior Citizen Housing strategies may include provisions for units dedicated to persons under 60 years of age that have medical conditions consistent with definitions in the Americans with Disabilities Act; however, the percentage of such units may not exceed 20% of the total units. These facilities may not include populations requiring convalescent or chronic care, as defined under RCW 18.51 [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.720 Tiny Home Villages "Tiny Home Villages" means temporary shelter comprised of two or more sleeping structures up to 120 square feet in size with common hygiene and kitchen facilities managed by a host organization which provides on-site services. 18.06.735 Vehicle Service Station "Vehicle service station" means any area of land, including structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories which may or may not include washing, lubricating, tune-ups, enclosed engine repair, and other minor servicing incidental to this use, but no painting or major repair operations. [Ord. 2741 §4 (part), 2024] 18.06.740 Setbacks "Setbacks" means the distances that buildings or uses must be removed from their lot lines except that roof eaves may intrude a maximum of 24 inches into this area. A maximum 24 -inch overhang may also be allowed for portions of a building (such as a bay window) if approved as part of design review approval where the overhang provides modulation of the fagade. [Ord. 2741 §4 (part), 2024] 18.06.745 Shelter Station "Shelter station" means a shelter for protection from the elements for the waiting customers of a public transportation system. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 49 of 356 18.06.750 Shopping Center, Planned "Planned shopping center" means a group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores. [Ord. 2741 §4 (part), 2024] 18.06.756 Shorelands or Shoreland Areas "Shorelands or shoreland areas" means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous flood plain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters that are subject to the provisions of the Shoreline Management Act. [Ord. 2741 §4 (part), 2024] 18.06.757 Shorelines or Shoreline Areas "Shorelines" or "Shoreline areas" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. [Ord. 2741 §4 (part), 2024] 18.06.758 Shoreline Jurisdiction "Shoreline jurisdiction" means the channel of the Green/Duwamish River, its banks, the upland area which extends from the ordinary high water mark landward for 200 horizontal feet on each side of the river, floodways and all associated wetlands within its 100 -year flood plain. For the purpose of determining shoreline jurisdiction only, the floodway shall not include those lands that have historically been protected by flood control devices and therefore have not been subject to flooding with reasonable regularity. [Ord. 2741 §4 (part), 2024] 18.06.759 Shoreline Modifications "Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline area, through the construction or alteration of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. "Shoreline modifications" may also include other actions, such as clearing, grading, or application of chemicals. [Ord. 2741 §4 (part), 2024] 18.06.760 Shoreline Restoration or Ecological Restoration "Shoreline restoration or ecological restoration" means the re-establishment or upgrading of impaired ecological shoreline processes, functions or habitats, including any project that is approved by the Federal, State, King County, or City government or the WRIA 9 Steering Committee, is intended to provide habitat restoration and where the future use of the site is restricted through a deed restriction to prohibit non -habitat uses. This may be accomplished through measures including, but not limited to, re -vegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre -European settlement conditions. Office of the City Clerk I City of Tukwila Page 50 of 356 [Ord. 2741 §4 (part), 2024] 18.06.761 Shoreline Stabilization "Shoreline stabilization" means actions taken to protect riverbanks or adjacent uplands from erosion resulting from the action of waves or river currents. "Hard" structural stabilization includes levees, bulkheads and revetments. "Soft" shoreline stabilization includes use of bioengineering measures where vegetation, logs, and/or certain types of rock is used to address erosion control and/or slope stability. [Ord. 2741 §4 (part), 2024] 18.06.769 Short Subdivision Committee The Short Subdivision Committee (SSC) shall consist of the Director of the Department of Community Development who shall be the chair, the Public Works Director, and the Fire Chief, or their designated representatives. [Ord. 2741 §4 (part), 2024] 18.06.770 Sign "Sign" means any medium, including paint on walls, merchandise, or visual communication device, its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising or identification purposes. Bulletin boards and readerboards are considered to be signs. [Ord. 2741 §4 (part), 2024] 18.06.775 Significant Tree "Significant Tree" means a single -trunked tree that is six inches or more in diameter (DBH), or a multi - trunked tree with a diameter of two inches or more on any trunk (such as willows or vine maple). [Ord. 2741 §4 (part), 2024] 18.06.777 Significant Vegetation Removal "Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. [Ord. 2741 §4 (part), 2024] 18.06.780 Site "Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are proposed as the location for a development, as defined in TMC 18.06.210, or for some other activity which requires a permit or approval pursuant to TMC Titles 16, 17 or 18. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 51 of 356 18.06.781 Site Disturbance "Site disturbance" means any development, construction, or related operation that could alter the subject property, including, but not limited to, soil compaction including foot traffic; tree or stump removal; road, driveway or building construction; installation of utilities; or grading. [Ord. 2741 §4 (part), 2024] 18.06.785 Stacked Flat "Stacked flat" means a dwelling unit(s) in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned. [Ord. 2765 §8 (part), 2025] 18.06.790 Story "Story" means story as defined in the Washington State Building Code. [Ord. 2741 §4 (part), 2024] 18.06.795 Street "Street" means a public thoroughfare which affords the principal means of access to abutting properties. Limited access State routes such as 1-5, 1-405, or SR 518; subdivision tracts dedicated for access; private easements for access; and streets that provide no access to abutting properties shall be considered streets for the purposes of determining the type of lots such as corner or through lots and their setbacks and landscape requirements. [Ord. 2741 §4 (part), 2024] 18.06.800 Structure "Structure" means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground, but excluding all forms of vehicles even though immobilized. Not included are residential fences up to six feet in height, retaining walls or rockeries with up to four feet of exposed face, and similar improvements of minor character. [Ord. 2741 §4 (part), 2024] (001) Nonconforming Structure, Shoreline "Nonconforming Structure, Shoreline" means a structure legally established prior to the effective date of the Shoreline Master Program, but which does not conform to present regulations or standards of the program. [Ord. 2741 §4 (part), 2024] 18.06.805 Structural Alteration "Structural alteration" means any change in load or stress of the loaded or stressed members of a building or structure. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 52 of 356 18.06.810 Studios "Studios" means a building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for dance instruction. [Ord. 2741 §4 (part), 2024] 18.06.813 Subdivision "Subdivision" means the division or redivision of land into lots, unit lots, tracts, parcels, sites or divisions. [Ord. 2741 §4 (part), 2024] (001) Short Subdivision "Short subdivision" means the division of land into nine or less lots, unit lots, tracts, parcels, sites or divisions. [Ord. 2741 §4 (part), 2024] (002) Long Subdivision "Long subdivision" means the division or redivision of land into ten or more lots, unit lots, tracts, parcels, sites or divisions. [Ord. 2741 §4 (part), 2024] 18.06.815 Substantial Construction "Substantial construction" means completion of more than 50% of the cost of work described in specified and approved plans. [Ord. 2741 §4 (part), 2024] 18.06.817 Substantial Development "Substantial development" means any development of which the total cost or fair market value exceeds $7,047.00 or any development that materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this definition must be adjusted for inflation by the Office of Financial Management every five years, beginning July 1, 2007, based upon changes in the Consumer Price Index during that time period. "Consumer Price Index" means, for any calendar year, that year's annual average Consumer Price Index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor. In accordance with WAC 173-27-040, as it now reads and as hereafter amended, the following shall not be considered developments which require a shoreline substantial development permit, although shall still comply with the substantive requirements of the Shoreline Master Program: Normal maintenance or repair of existing structures or developments, including repair of damage caused by accident, fire, or elements. Emergency construction necessary to protect property from damage by the elements. 3. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A Office of the City Clerk I City of Tukwila Page 53 of 356 feedlot of any size, all processing plants, other activities of a commercial nature, and alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. 4. Construction or modification of navigational aids such as channel markers and anchor buoys. 5. Construction on shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his or her family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter. 6. Construction of a dock, including a community dock, designed for pleasure craft only, for the private non-commercial use of the owner, lessee, or contract purchaser of single and multiple family residences. This exception applies if either: (a) In salt waters, the fair market value of the dock does not exceed $2,500; or (b) in fresh waters, the fair market value of the dock does not exceed: (1) $20,000 for docks that are constructed to replace existing docks, and are of equal or lesser square footage than the existing dock being replaced; or (2) $10,000 for all other docks constructed on fresh waters. (3) However, if subsequent construction occurs within five years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified above, the subsequent construction shall be considered a substantial development for the purpose of this chapter. 7. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands. 8. The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. 9. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. 10. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; c. The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; Office of the City Clerk I City of Tukwila Page 54 of 356 d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure the site is restored to preexisting conditions; and e. The activity is not subject to the permit requirements of RCW 90.58.550 (Oil and Natural Gas exploration in marine waters). 11. The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the department jointly with other state agencies under RCW 43.21 C. 12. Watershed restoration projects, which means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: a. A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings. b. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water. c. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than 200 square feet in floor area and is located above the ordinary high water mark of the stream. 13. Watershed restoration plan, which means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area or watershed for which agency and public review has been conducted pursuant to the State Environmental Policy Act. 14. A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply: a. The project has been approved in writing by the Department of Fish and Wildlife; b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to RCW 77.55; and c. The local government has determined the project is substantially consistent with the local Shoreline Master Program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. Additional criteria for determining eligibility of fish habitat projects are found in WAC 173-27-040 2 (p) and apply to this exemption. Office of the City Clerk I City of Tukwila Page 55 of 356 15. The external or internal retrofitting of an existing structure for the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities. [Ord. 2741 §4 (part), 2024] 18.06.820 Surveyor "Surveyor" means a person licensed by the State of Washington to engage in the practice of land surveying, as defined by RCW 18.43.020. [Ord. 2741 §4 (part), 2024] 18.06.821 Theater "Theater" is a building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances. [Ord. 2741 §4 (part), 2024] 18.06.822 Tow Truck Operations "Tow Truck Operations" means any storage yard, building, or vehicle storage/impounding lot for a towing business, including tow vehicles with towed vehicles attached. Tow truck operations do not include central offices for phone dispatch if tow trucks, drivers, or impounded vehicles do not come to the office. [Ord. 2741 §4 (part), 2024] 18.06.829 Townhouse "Townhouses" means buildings that contain three or more attached single-family dwelling units that extend from the foundation to roof and that have a yard or public way on not less than two sides. [Ord. 2765 §7 (part), 2025; Ord. 2741 §4 (part), 2024] 18.06.830 Tract "Tract" means a parcel of land proposed for subdivision or a distinct parcel designated for a specific use. [Ord. 2741 §4 (part), 2024] 18.06.833 Trailer Court or Park "Trailer court or park" means any area of land occupied or designed for the occupancy of two or more travel trailers or mobile homes. [Ord. 2741 §4 (part), 2024] 18.06.835 Trailer, Travel "Travel trailer" means a vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 56 of 356 18.06.840 Transit Center "Transit center" means a location where groups of buses or other public transportation vehicles can be brought together at the same time, allowing patrons to transfer between the routes. [Ord. 2741 §4 (part), 2024] 18.06.843 Transit -Oriented Development (TOD) Housing "Transit -Oriented Development (TOD) Housing" means a multiple -unit housing or mixed-use project including multiple -unit housing that is located near transit services and thus encourages people to decrease their dependence on driving. [Ord. 2741 §4 (part), 2024] 18.06.845 Tree "Tree" means any self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity, that is recognized as a Tree in the nursery and arboricultural industries. [Ord. 2741 §4 (part), 2024] (001) At -Risk Tree "At -Risk Tree" means a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC 18.54. [Ord. 2741 §4 (part), 2024] (002) Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches. [Ord. 2741 §4 (part), 2024] (003) Dead Tree "Dead Tree" means a tree with no live crown and no functioning vascular tissue. [Ord. 2741 §4 (part), 2024] (004) Dripline "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater. [Ord. 2741 §4 (part), 2024] (005) Exceptional Tree "Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. Office of the City Clerk I City of Tukwila Page 57 of 356 [Ord. 2741 §4 (part), 2024] (006) Heritage Tree or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. [Ord. 2741 §4 (part), 2024] (007) Invasive Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco -system. [Ord. 2741 §4 (part), 2024] (008) Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures including, but not limited to, sidewalks; curbs; the surfaces of streets, parking lots, and driveways; underground utilities; or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. [Ord. 2741 §4 (part), 2024] (009) Qualified Tree Professional "Qualified Tree Professional" means an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. A Qualified Tree Professional preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. [Ord. 2741 §4 (part), 2024] (010) Risk "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. [Ord. 2741 §4 (part), 2024] (011) Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting property. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 58 of 356 (012) Target or Risk Target "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. [Ord. 2741 §4 (part), 2024] (013) Tree Risk Assessment "Tree risk assessment" means the systematic process to identify, analyze and evaluate tree risk prepared by a Qualified Tree Professional in accordance with the latest version of the International Society of Arboriculture (ISA) Best Management Practices Guide. [Ord. 2741 §4 (part), 2024] (014) Tree Risk Assessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target, and determines options for treatment or mitigation. [Ord. 2741 §4 (part), 2024] (015) Viable Tree "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure; is relatively Windfirm if isolated or exposed; and is a species that is suitable for its location and is therefore worthy of long-term retention. [Ord. 2741 §4 (part), 2024] (016) Windfirm "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined can withstand normal winter storms or surrounding tree removal. [Ord. 2741 §4 (part), 2024] 18.06.852 Tree Removal "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, poisoning or filling; excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. [Ord. 2741 §4 (part), 2024] 18.06.854 Truck Terminal "Truck terminal" means land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term storage. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 59 of 356 18.06.855 Turbidity "Turbidity" means a cloudy condition in water due to the suspension of silt, finely divided organic matter, or other pollutants. [Ord. 2741 §4 (part), 2024] 18.06.860 Understory Vegetation "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. [Ord. 2741 §4 (part), 2024] 18.06.863 Usable Floor Area "Usable Floor area" means that part of the floor area of any structure which is actually used from time to time for any commercial purposes, such as a sales area, display area, walkways or storage area. Parking calculation shall not include common corridors designed for the circulation of people at non -retail establishments, restrooms, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces and exterior covered loading docks. [Ord. 2741 §4 (part), 2024] 18.06.864 Useable Cannabis "Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include cannabis -infused products. [Ord. 2741 §4 (part), 2024] 18.06.865 Use "Use" means the nature of the activities taking place on private property or within structures thereon. [Ord. 2741 §4 (part), 2024] 18.06.870 Use, Accessory "Accessory use" means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. [Ord. 2741 §4 (part), 2024] 18.06.875 Use, Conditional "Conditional use" means an unusual and/or unique type of land use which, due to its nature, requires special consideration of its impacts on the neighborhood and land uses in the vicinity. [Ord. 2741 §4 (part), 2024] 18.06.880 Use, Permitted "Permitted use" means any use authorized or permitted alone or in conjunction with any other use in a specified district and subject to the limitation of the regulations of such use district. Office of the City Clerk I City of Tukwila Page 60 of 356 [Ord. 2741 §4 (part), 2024] 18.06.885 Use, Primary or Principal "Primary or principal permitted use" means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. [Ord. 2741 §4 (part), 2024] 18.06.890 Use, Unclassified "Unclassified use" means an unusual, large-scale, unique and/or special type of land use which, due to its nature, requires special review of its impacts on the community and land uses in the vicinity. [Ord. 2741 §4 (part), 2024] 18.06.895 Unlisted Use "Unlisted use" means uses which are not specifically named as permitted in any use classification contained within this title. [Ord. 2741 §4 (part), 2024] 18.06.900 Utilities "Utilities" means all lines and facilities related to the provision, distribution, collection, transmission or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, or refuse, and includes facilities for the generation of electricity. [Ord. 2741 §4 (part), 2024] 18.06.905 Variance "Variance" means an adjustment in the specific regulation of this title regarding a particular piece of property. (See TMC 18.72, Variances) [Ord. 2741 §4 (part), 2024] 18.06.910 Vegetation "Vegetation" means living trees, shrubs or groundcover plants. [Ord. 2741 §4 (part), 2024] 18.06.915 Vehicles "Vehicles" means mechanical devices capable of movement by means of wheels, skids or runners of any kind, specifically including, but not limited to, all forms of trailers, recreational vehicles or mobile homes of any size whether capable of supplying their own motive power or not, without regard to whether the primary purpose of which device is or is not the conveyance of persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans, recreational vehicles, trailers and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 61 of 356 18.06.916 Warehouse "Warehouse" is a building or group of buildings that are primarily for the storage of goods. [Ord. 2741 §4 (part), 2024] 18.06.917 Water Dependent "Water dependent" means a use or portion of a use that cannot exist in a location that is not adjacent to the water and that is dependent on the water by reason of the intrinsic nature of its operations. Examples of water -dependent uses include ship cargo terminal loading areas, marinas, ship building and dry docking, float plane facilities, sewer outfalls, and shoreline ecological restoration projects. [Ord. 2741 §4 (part), 2024] 18.06.918 Water Enjoyment "Water enjoyment" means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use. The use must be open to the general public and the shoreline -oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Examples of water -enjoyment uses include parks, piers, museums, restaurants, educational/scientific reserves, resorts and mixed use projects. [Ord. 2741 §4 (part), 2024] 18.06.919 Water Oriented "Water oriented" means a use that is water -dependent, water -related or water -enjoyment or a combination of such uses. [Ord. 2741 §4 (part), 2024] 18.06.920 Watercourse "Watercourse" means a course or route formed by nature or modified by man, generally consisting of a channel with a bed and banks or sides substantially throughout its length along which surface water flows naturally, including the Green/Duwamish River. The channel or bed need not contain water year-round. Watercourses do not include irrigation ditches, stormwater runoff channels or devices, or other entirely artificial watercourses unless they are used by salmonids or to convey or pass through stream flows naturally occurring prior to construction of such devices. [Ord. 2741 §4 (part), 2024] 18.06.921 Water Related "Water related" means a use or portion of a use that is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: a. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or b. The use provides a necessary service supportive of the water -dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. Office of the City Clerk I City of Tukwila Page 62 of 356 Examples of water -related uses are warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, and log storage or oil refineries where transport is by tanker. [Ord. 2741 §4 (part), 2024] "Wetland" means those areas that are inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include bogs, swamps, marshes, ponds, lakes and similar areas. Wetlands do not include those artificial wetlands intentionally created from non -wetland sites, including but not limited to irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, landscape amenities or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street or highway. However, those artificial wetlands intentionally created from non -wetland areas to mitigate conversion of wetlands as permitted by the City shall be considered wetlands. [Ord. 2741 §4 (part), 2024] 18.06.924 Wetland Edge "Wetland edge" means the delineated boundary of a wetland performed in accordance with approved federal wetland delineation manual and current applicable regional supplements. [Ord. 2741 §4 (part), 2024] 18.06.934 Wetland, Scrub -Shrub "Scrub -shrub wetland" means a wetland with at least 30% of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata. [Ord. 2741 §4 (part), 2024] 18.06.944 WRIA "WRIA" means Water Resource Inventory Area — river basin planning and management areas formalized under Washington Administrative Code (WAC) 173-500-04 and authorized under the Water Resources Act of 1971, Revised Code of Washington (RCW) 90.54. WRIA 9 refers to the Green/Duwamish River Basin within which Tukwila is located. [Ord. 2741 §4 (part), 2024] 18.06.945 Yard "Yard" means a required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward. [Ord. 2741 §4 (part), 2024] 18.06.950 Yard, Front "Front yard" means a yard extending between side lot lines across the front of a lot. In MDR and HDR zones, this shall also include areas adjacent to `access roads'. Office of the City Clerk I City of Tukwila Page 63 of 356 [Ord. 2741 §4 (part), 2024] 18.06.955 Yard, Rear "Rear yard" means a yard extending across the rear of the lot between inner side yard lines. [Ord. 2741 §4 (part), 2024] 18.06.960 Yard, Second Front "Second front yard" means any yard adjacent to a public street that is not a front yard as defined in the Definitions chapter of this title. (See also TMC 18.50, Supplemental Development Regulations, and Figure 18-4.) [Ord. 2741 §4 (part), 2024] 18.06.965 Yard, Side "Side yard" means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot - line involved with the public street. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 64 of 356 Return to Title CHAPTER 18.08 DISTRICTS ESTABLISHED - MAP Sections: Community Residential 18.08.010 Use Districts 18.08.020 Unclassified Areas 18.08.030 Official Zoning Map 18.08.040 Rules of Interpretation 18.08.050 Title Compliance 18.08.010 Use Districts A. In order to classify, segregate and regulate the uses of land, buildings, and structures, the City is divided into the following use districts: CR ............ Community Residential HDR.......... High Density Residential MUO......... Mixed Use Office 0...............Office RCC.......... Residential Commercial Center NCC.......... Neighborhood Commercial Center RC ............Regional Commercial RCM .........Regional Commercial Mixed-use TUC ..........Tukwila Urban Center C/LI........... Commercial/Light Industrial LI ..............Light Industrial HI..............Heavy Industrial MIC/L........ Manufacturing Industrial Center/Light MIC/H .......Manufacturing Industrial Center/Heavy TSO.......... Tukwila South Overlay TVS ..........Tukwila Valley South PRO.......... Public Recreation Overlay SOD.......... Shoreline Overlay SAOD .......Sensitive Areas Overlay UROD....... Urban Renewal Overlay [Ord. 2762 §2, 2025; Ord. 2741 §4 (part), 20241 18.08.020 Unclassified Areas A. All lands not classified according to the classification in TMC 18.08.010 on the official zoning map, and all lands, if any, of the City not shown on the official zoning map, shall be considered unclassified and, pending future classification, shall be subject to the restrictions and regulations of the CR District. [Ord. 2762 §3, 2025; Ord. 2741 §4 (part), 2024] 18.08.030 Official Zoning Map A. The boundaries of the use districts as outlined in TMC 18.08.010 are shown on the official zoning map (Figure 18- 10) which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be a part of this title. The regulations of this title governing the uses of land, buildings and structures, the height of buildings and structures, the sizes of yards about buildings and structures, and other matters set forth in this title are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said zoning map. Office of the City Clerk I City of Tukwila Page 61 of 356 Return to Title B. The boundaries of the use districts shall be determined and defined or redefined from time to time, by the adoption of district maps covering the City showing the geographical area and location of the districts. Each district map shall be, upon its final adoption, a part of this title, and the map and all notations, references and other information shown thereon, thereafter shall be made a part of this title as though all matters and information set forth on the map were fully described herein. C. The official zoning map shall be identified by the signature of the Mayor, attested by the City Clerk and shall bear the seal of the City of Tukwila. The original of the official zoning map shall be retained in the office of the City Clerk. See Zoning Map, Figure 18-10. [Ord. 2741 §4 (part), 2024] 18.08.040 Rules of Interpretation A. When uncertainty exists as to the boundaries of any use district shown on the official zoning map, the following rules of interpretation shall apply: 1. Where district boundaries are indicated as approximately following the centerline of streets, alleys, highways, structure or railroad tracts, the actual centerline shall be construed to be the boundary; 2. Where district boundaries are indicated as running approximately parallel to the centerline of a street, the boundary line shall be construed to be parallel to the centerline of the street; 3. Where district boundaries are indicated on such map as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use district; 4. Where a district boundary on the official zoning map divides a tract in unsubdivided property, the location of the use district boundary, unless the same is indicated by dimensions thereon, shall be determined by use of the scale appearing on the official zoning map; 5. Unmapped shorelands shall be considered to be within the same land use district as the adjacent upland as shown on the official zoning map; 6. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion reverts shall apply to such vacated or abandoned street or alley; 7. Where a district boundary line divides a lot which was in single ownership at the time of passage of this title, the Hearing Examiner may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot; 8. In case uncertainty exists which cannot be determined by application of the foregoing rules, the Hearing Examiner shall determine the location of such use district boundaries. Applications for such special exceptions shall be a Type 3 decision processed pursuant to TMC 18.108.030. [Ord. 2741 §4 (part), 2024] 18.08.050 Title Compliance A. Except as provided in this title: 1. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title as permitted in the use district in which such land, building, structure or premises is located. 2. No building or structure shall be erected, nor shall any existing building or structure be moved, reconstructed or structurally altered, to exceed in height the limit established by this title for the use district in which such building or structure is located. 3. No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in Office of the City Clerk I City of Tukwila Page 62 of 356 Return to Title conformity with the building site requirements and the area and yard regulations established by this title for the use district in which such building or structure is located. 4. No yard or other open spaces, provided about any building or structure for the purpose of complying with the regulations of this title, shall be considered as providing a yard or open space for any other building or structure. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 63 of 356 Return to Title CHAPTER 18.09 LAND USES ALLOWED BY DISTRICT Sections: 18.09.010 Land Uses by Districts 18.09.010 Land Uses by Districts Refer to Table 18-6, "Land Uses Allowed by District." Refer to Table 18-2, "Tukwila Urban Center— Land Uses Allowed by District" for uses in the Tukwila Urban Center District Refer to Figure 1, "Shoreline Use Matrix," for uses in the Shoreline Buffer and Zone. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 64 of 356 Return to Title CHAPTER 18.10 COMMUNITY RESIDENTIAL (CR) DISTRICT Sections: 18.10.010 Purpose 18.10.020 Land Uses Allowed 18.10.030 Design Review 18.10.040 Basic Development Standards 18.10.010 Purpose A. This district implements the Community Residential Comprehensive Plan ("CR") designation. It is intended to provide low-density and medium -density residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods. B. Certain CR properties are identified as Commercial Redevelopment Areas (see Figures 18-9 or 18-10) to encourage aggregation with commercial properties that front on Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites support implementation of the Pacific Highway Revitalization Plan and provide opportunities to redefine and create more uniform borders between the commercial corridor and the adjacent residential neighborhoods. C. Certain CR properties are located in the Urban Renewal Overlay (see Figure 18-15). Existing zoning and development standards will remain in place, although multi -family buildings are permitted. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner, and if the development meets certain qualifying criteria. Urban Renewal Overlay district standards support implementation of the Tukwila International Boulevard Revitalization Plan through more intensive development. 18.10.020 A. 18.10.030 A. 18.10.040 A. [Ord. 2765 §11 (part), 2025] Land Uses Allowed Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2765 §11 (part), 2025] Design Review See TMC 18.60 for all requirements for Design Review. [Ord. 2765 §11 (part), 2025] Basic Development Standards Development within the CR District shall conform to the following listed and referenced standards: (see next page) Office of the City Clerk I City of Tukwila Page 65 of 356 Return to Title CR BASIC DEVELOPMENT STANDARDS [Ord. 2765 §11 (part), 2025] Office of the City Clerk I City of Tukwila Page 66 of 356 Community Residential Outside of 1/4 Mile of Major Transit Stop Within 1/4 Mile of Major Transit, or if at least 1 unit affordable at 60% AMI (Rental) or 80% (Ownership) for a period no less than 50 years Lot area, minimum 5,000 sq. ft. Average lot width, minimum 40 feet Density (3) dwelling units per parcel, plus 1 unit per 1,500 SF of parcel area over 5,000 SF, whichever is greater, up to 5 units (4) dwelling units per parcel, plus 1 unit per 1,500 SF of parcel area over 5,000 SF, whichever is greater, up to 5 units 2 dwelling units per lot can be designated as accessory residences provided they meet ADU requirements (ADUs count toward maximum density) 2 dwelling units per lot can be designated as accessory residences provided they meet ADU requirements (ADUs count toward maximum density) Building Footprint, maximum 50% Development Area Coverage, maximum 75% Setbacks Front 15 feet Front Porch 7 feet (if porch of at least 40 square feet, with no dimension less than 5 feet) Second Front 10 feet Side 5 feet Rear 5 feet Rear (Alley DADU) 0 feet Building Height 35 feet Parking See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 — Required Number of Parking Spaces for Automobiles & Bicycles [Ord. 2765 §11 (part), 2025] Office of the City Clerk I City of Tukwila Page 66 of 356 Return to Title CHAPTER 18.12 MEDIUM DENSITY RESIDENTIAL (MDR) DISTRICT Sections: 18.12.010 Created 18.12.010 Created This Chapter was repealed by Ordinance 2765, June 2025. Office of the City Clerk I City of Tukwila Page 67 of 356 Return to Title CHAPTER 18.14 HIGH DENSITY RESIDENTIAL (HDR) DISTRICT Sections: 18.14.010 Purpose 18.14.020 Land Uses Allowed 18.14.030 Recreation Space Requirements 18.14.040 Design Review 18.14.050 Basic Development Standards 18.14.010 Purpose A. This district implements the High -Density Residential (HDR) Comprehensive Plan designation. It is intended to provide a high-density, multiple -family district which is also compatible with commercial and office areas. Certain HDR properties are identified as Commercial Redevelopment Areas (see Figures 18-9 or 18-10) to encourage aggregation and redevelopment of properties that front on Tukwila International Boulevard. Aggregation and commercial redevelopment of these sites would implement the Pacific Highway Revitalization Plan and provide opportunities to redefine and create more uniform borders between the commercial corridor and adjacent residential neighborhoods. B. Certain HDR properties are located in the Urban Renewal Overlay (see Figure 18-15). Existing zoning and development standards will remain in place. The overlay provides additional alternate development standards that may be applied to development within the Urban Renewal Overlay upon request of the property owner, and if the development meets certain qualifying criteria. Urban Renewal Overlay district standards would implement the Tukwila International Boulevard Revitalization Plan through more intensive development. [Ord. 2765 §13, 2025; Ord. 2741 §4 (part), 2024] 18.14.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 20241 18.14.030 Recreation Space Requirements A. In the HDR zoning district, any proposed multiple -family structure, complex or development shall provide, on the premises and for the use of the occupants, a minimum amount of recreation space according to the provisions of TMC 18.14.030, subparagraphs 1 through 4. In the TSO zone with underlying CR zoning on land that adjoins the City of SeaTac, recreation space shall meet the provisions of TMC 18.14.030, subparagraphs 2 through 4, in addition to the minimum required area as specified in TMC 18.41.090.A.1. Required Area. a. For each proposed dwelling unit in the multiple -family development and detached zero -lot -line type of development, a minimum of 400 square feet (100 square feet for senior citizen housing) of recreation space shall be provided. Any multiple -family development shall provide a minimum of 1,000 square feet of total recreation space. b. The front, side and rear yard setback areas required by the applicable zoning district shall not qualify as recreation space. However, these setback areas can qualify as recreation space for townhouses if they are incorporated into private open space with a minimum dimension of 10 feet on all sides. 2. Indoor or Covered Space. a. No more than 50% of the required recreation space may be indoor or covered space in standard multi -family developments. Senior citizen housing must have at least 20% indoor or covered space. Office of the City Clerk I City of Tukwila Page 68 of 356 Return to Title b. The Director may grant a maximum of two square feet of recreation space for each one square foot of extensively improved indoor recreation space provided. Interior facility improvements would include a full range of weight machines, sauna, hot tub, large screen television and the like. 3. Uncovered Space. a. A minimum of 50% of the total required recreation space shall be open or uncovered; up to 100% of the total requirement may be in open or uncovered recreation space in standard multi -family developments. Senior citizen housing allows up to 80% of recreation space to be outdoors and has no minimum outdoor space requirement. b. Recreation space shall not exceed a 4% slope in any direction unless it is determined that the proposed space design clearly facilitates and encourages the anticipated. c. The Director may grant a maximum credit of two square feet of recreation space for each one square foot of outdoor pool and surrounding deck area. 4. General Requirements. a. Multiple -family complexes (except senior citizen housing, and detached zero -lot -line), which provide dwelling units with two or more bedrooms, shall provide adequate recreation space for children with at least one space for the 5- to 12 -year-old group. Such space shall be at least 25% but not more than 50% of the total recreation space required under TMC Section 18.14.030 (1), and shall be designated, located and maintained in a safe condition. b. Adequate fencing, plant screening or other buffer shall separate the recreation space from parking areas, driveways or public streets. c. The anticipated use of all required recreation areas shall be specified and designed to clearly accommodate that use. [Ord. 2765 §14, 2025; Ord. 2741 §4 (part), 2024] 18.14.040 Design Review A. See TMC 18.60 for all requirements for Design Review. [Ord. 2765 §15, 2025; Ord. 2741 §4 (part), 2024] 18.14.050 Basic Development Standards A. Development within the High -Density Residential District shall conform to the following listed and referenced standards: HDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. (Applied to parent lot for townhouse subdivisions) Lot area per unit (multi -family, except senior citizen housing) 2,000 sq. ft. (For townhouses the density shall be calculated based on one dwelling unit per 2000 sq. ft. of parent lot area. The .,unit lot" area shall be allowed to include the common access easements.) Average lot width (min. 20 ft. street frontage width), minimum 60 feet (Applied to parent lot for townhouse subdivisions) Setbacks, minimum: Applied to parent lot for townhouse subdivisions • Front 15 feet • Second front 7.5 feet • Sides 10 feet • Rear 10 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Townhouse building separation, minimum 10 feet Office of the City Clerk I City of Tukwila Page 69 of 356 Return to Title HDR BASIC DEVELOPMENT STANDARDS Height, maximum 45 feet Development area coverage 50% maximum (except senior citizen housing), (75% for townhouses) Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) (Not required for middle housing dwellings) Recreation space, 100 sq. ft. per dwelling unit senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations & Off-street parking Figure 18-7 — Required Number of Parking Spaces for Automobiles cycles Conversion to Residential See TMC 18.50.230, Residential Conversions [Ord. 2765 §16, 2025; Ord. 2758 §3, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 70 of 356 Return to Title CHAPTER 18.16 MIXED USE OFFICE (MUO) DISTRICT Sections: 18.16.010 Purpose 18.16.020 Land Uses Allowed 18.16.030 On -Site Hazardous Substances 18.16.040 Design Review 18.16.050 Basic Development Standards 18.16.010 Purpose A. This district implements the Mixed -Use Office (MUO) Comprehensive Plan designation. It is intended to create and maintain areas characterized by professional and commercial office structures, mixed with complementary retail and residential uses. [Ord. 2765 §17, 2025; Ord. 2741 §4 (part), 2024] 18.16.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.16.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) [Ord. 2765 §18, 2025; Ord. 2741 §4 (part), 2024] 18.16.040 Design Review A. See TMC 18.60, for all requirements for Design Review. [Ord. 2765 §19, 2025; Ord. 2741 §4 (part), 2024] 18.16.050 Basic Development Standards A. Development within the MUO District shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.020). (See next page) Office of the City Clerk I City of Tukwila Page 71 of 356 Return to Title MUO BASIC DEVELOPMENT STANDARDS Minimum Lot Area: Standard: None Transit or Affordability Bonus: Baseline: Baseline: Residential Density: 3 dwelling units per parcel 4 dwelling units per parcel Additionally: Additionally: 1 dwelling unit/3,000 sf of lot area 1 dwelling unit/3,000 sf of lot area Front Second Front Sides Rear Setbacks: 15 feet 12.5 feet 10 feet 10 feet Landscaping: Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Maximum Height 45 feet 200 square feet per dwelling unit (1,000 square feet minimum) Recreation Space' 100 square feet per dwelling unit for senior citizen housing (Not required for middle housing dwellings) Off-street parking: See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 — Required Number of Parking Spaces for Automobiles & Bicycles Conversion to Residential See TMC 18.50.230, Residential Conversions [Ord. 2765 §20, 2025; Ord. 2758 §4, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 72 of 356 Return to Title CHAPTER 18.18 OFFICE (0) DISTRICT Sections: Second Front 18.18.010 Purpose 18.18.020 Land Uses Allowed 18.18.030 On -Site Hazardous Substances 18.18.040 Design Review 18.18.050 Basic Development Standards 18.18.010 Purpose A. This district implements the Office (0) Comprehensive Plan designation. It is intended to provide for areas appropriate for professional and administrative offices, mixed with certain retail uses. Because of the generally light environmental and traffic impacts and daytime use characteristics of offices, it is further intended that such districts may serve as buffers between residential districts and commercial and/or industrial areas. [Ord. 2765 §21, 2025; Ord. 2741 §4 (part), 2024] 18.18.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.18.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). See TMC 21.08. 18.18.040 A. 18.18.050 A. [Ord. 2765 §22, 2025; Ord. 2741 §4 (part), 2024] Design Review See TMC 18.60 for all requirements for Design Review. [Ord. 2765 §23, 2025; Ord. 2741 §4 (part), 2024] Basic Development Standards Development within the `0' District shall conform to the following listed and referenced standards: OFFICE BASIC DEVELOPMENT STANDARDS Front Second Front Sides Rear Setbacks: 12.5 feet 10 feet 10 feet 25 feet Landscaping: Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Maximum Height: 35 feet Off-street parking: See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 — Required Number of Parkin Spaces for Automobiles & Bicycles [Ord. 2765 §24, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 73 of 356 Return to Title CHAPTER 18.20 RESIDENTIAL COMMERCIAL CENTER (RCC) DISTRICT Sections: 18.20.010 Purpose 18.20.020 Land Uses Allowed 18.20.030 On -Site Hazardous Substances 18.20.040 Design Review 18.20.050 Basic Development Standards 18.20.010 Purpose A. This district implements the Residential Commercial Center (RCC) Comprehensive Plan designation. It is intended to create and maintain pedestrian -friendly commercial areas characterized and scaled to serve a local neighborhood, with a diverse mix of residential, retail, service, office, recreational and community facility uses. [Ord. 2765 §25, 2025; Ord. 2741 §4 (part), 2024] 18.20.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.20.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). See TMC 21.08. 18.20.040 Design Review A. See TMC 18.60 for all requirements for Design Review. [Ord. 2765 §26, 2025; Ord. 2741 §4 (part), 2024] [Ord. 2765 §27, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 74 of 356 Return to Title 18.20.050 Basic Development Standards A. Development within the RCC District shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Minimum Lot Area: 5,000 sq. ft. Standard: Transit or Affordability Bonus: Residential Density: 3 dwelling units per parcel, plus 1 dwelling unit per 2,500 4 dwelling units per parcel, sq. f.t of lot area over 5,000 SF plus 1 dwelling unit per 2,500 sq. ft. of lot area over 5,000 sq. ft. Front Porch Second Front Sides Rear Setbacks: 15 ft 8 ft loft 5 feet 10 feet; 5 feet for DADUs Landscaping: Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Maximum Height 35 feet Off-street parking: See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 — Required Number of Parking Spaces for Automobiles & Bicycles Conversion to Residential See TMC 18.50.230, Residential Conversions [Ord. 2765 §28, 2025; Ord. 2758 §5, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 75 of 356 CHAPTER 18.22 NEIGHBORHOOD COMMERCIAL CENTER (NCC) DISTRICT Sections: 18.22.010 Purpose 18.22.020 Land Uses Allowed 18.22.030 On -Site Hazardous Substances 18.22.040 Design Standards 18.22.050 Street Frontage Improvements 18.22.060 Dimensional and Density Standards 18.22.010 Purpose A. This district implements the Neighborhood Commercial Center (NCC) Comprehensive Plan designation. It is intended to provide for pedestrian -friendly areas characterized and scaled to serve multiple residential areas, with a diverse mix of uses. 18.22.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." Parcels within a Commercial Redevelopment Area may be permitted to aggregate with and use the development standards and permitted uses of any adjacent parcel within the NCC zoning district, pursuant to TMC 18.60.100. 18.22.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). See TMC 21.08. 18.22.040 Design Standards A. Applicability: All development within the NCC zoning district shall be subject to design standards and procedures in accordance with the provisions found at TMC 18.60, "Design Review". 18.22.050 Street Frontage Improvements A. Applicability: In addition to all projects required to install frontage improvements by any other section or chapter of the Tukwila Municipal Code, all projects that propose to construct new structures that will feature any use that is not an accessory use shall install frontage improvements in accordance with this section. These requirements may be waived or altered by the Director of Community Development and the Director of Public Works via a Type 2 Design Review application if the applicant demonstrates the following: 1. That the proposed project is located on a site for which the frontage was previously improved but does not comply with the standards of this section, and the project will not result in an increase of multi -modal visitors to the site of greater than 25% from the previously approved use. The Director may require the provision of a multi -modal traffic study that compares total site -visitation both before and after construction. B. Standards: All projects subject to this section shall install improvements on all frontages. In addition to the following listed standards, improvements shall conform to the street designation determined by the Department of Public Works or the Department of Community Development, and shall meet the minimum standards of TMC 17.20.040.H, `Street Components and Improvement Requirements', and the `Tukwila Infrastructure Design and Construction Standards'. In areas of conflict, priority shall be given to this Section (TMC 18.24.070), then TMC 17.20.040.H, then the 'Tukwila Infrastructure Design and Construction Standards'. The improvements required in this section shall be installed only at the back -of -curb. Required improvements may be located on private property if permanent public easements are provided, in accordance with the requirements of the Department of Public Works. 1. Sidewalk Zones and Widths: Frontages in the NCC zoning district shall feature the following zones: (a) Frontage Zone: This area is defined as the area between the property line and pedestrian clear zone. This zone may be able to accommodate sidewalk cafes, store entrances, retail display, landscaping, transit stop amenities, or other features that activate and enhance the pedestrian environment. Wider frontage zones provide more room for future tenants and residents to activate the public right-of-way in a manner compatible with street trees and other required features between the frontage zone and curb. (1) Minimum Width: 2 feet. (b) Pedestrian Clear Zone: This area is defined as the area of the sidewalk corridor that is specifically reserved for pedestrian travel. Street furniture, street trees, planters, and other vertical elements such as poles, fire hydrants and street furniture, as well as temporary signs and other items shall not protrude into the pedestrian clear zone. The minimum width shall be as follows: (1) Minimum Width: Tukwila International Boulevard: 8 feet All Other Streets: 6 feet (c) Landscape / Furniture Zone: This area is defined as the area between the roadway curb face and the front edge of the pedestrian clear zone. This zone buffers pedestrians from the adjacent roadway and is the appropriate location for bioretention cells, rain gardens, street furniture, art, street trees and vegetation, and includes the 6 inch curb in its dimensions. It is also the preferred location for other elements such as signage, pedestrian lighting, hydrants, and above and below grade utilities. Clearance and setback requirements apply to many elements located in the landscape/furniture zone. In transit areas, the landscape / furniture zone may be utilized for transit patron waiting, boarding and alighting and may include transit signage, shelters, benches, litter receptacles, real-time display, off -board payment, and pedestrian scaled lighting. (1) Minimum Width: The minimum widths shown below may be increased by the Department on frontages with unique features, including transit stops. Tukwila International Boulevard: 8 feet. All Other Streets: 6 feet. (2) Trees: Street trees shall be spaced to maximize tree growth based on size. Species shall be chosen from the City of Tukwila Approved Tree List. Other species may be approved by the Department. Chosen street tree species shall be non -columnar and shall be chosen from among large species if the planting location is along Tukwila International Boulevard or Southcenter Boulevard, or from among the medium or large species if the planting location is along any other street. Planting shall meet the minimum standards of TMC 18.52. 2. Alternative Sidewalk Designs: Alternative sidewalk designs may be approved by the Department if the alternative design meets the following standards: (a) The alternative design provides a barrier free, safe pedestrian route; and (b) The alternative design accommodates all required elements of the sidewalk in the area, such as transit waiting areas or bicycle parking; and (c) The alternative design results in fewer removals of existing mature vegetation than would be required with strict compliance; and/or (d) The alternative design enables green stormwater infrastructure above stormwater code requirements; and/or (e) The alternative design will avoid costly utility relocations that are not recommended by the Department of Public Works; and/or (f) The alternative design allows for more extensive sidewalk improvements (1 block minimum) compared to strict compliance with the sidewalk standards. 18.22.060 Dimensional and Density Standards A. Development within the NCC district shall conform to the following listed and referenced standards. NCC DIMENSIONAL AND DENSITY STANDARDS Property Location Parcels Within 500 Feet of Tukwila International Boulevard All Other Parcels Minimum Lot Area None Residential Density No Maximum Fronts, Sides, Rear Front Entrances of Street Facing First -Floor Homes Minimum: 6' Minimum: 6' Setbacks' Maximum Average: 10' Sides & Rear All other Uses: Minimum: 0' Minimum: 10' Maximum Average: 10' Maximum Development Coverage 75% Parcels with any frontage on Tukwila International Boulevard: Non-residential uses required on a minimum of 60% of the ground floor's fagade Ground Floor Uses area. As part of a Type 2 Design Review permit, this requirement may be waived if at least 60% of the ground floor's fagade area is designed such that it may be "Easily Adaptable". See TMC 18.06.249. Minimum Building Heights 30 feet N/A Base Height: Base Height: 65 feet 50 feet Parcels South of S146 th Street: All other Parcels: Incentive Height': Maximum Building Heights Incentive Height': Incentive Height': 70 feet 125 feet 90 feet 'This includes all parcels where any portion of the parcel is within 500 linear feet, as the crow flies, from any portion of Tukwila International Boulevard, including sidewalk areas of the Boulevard that lie within private property but are subject to permanent easements for public access. 'Maximum setback standards may be altered by the Director via a Type 2 Design Review application, provided the applicant demonstrates that: (i) strict adherence to setback rules will result in costly utility relocations that are not recommended by the Department of Public Works; or (ii) required sight distance triangles prohibit structures from compliance, and the issue is not mitigatable by enhancements to the project's frontage; or (iii) the proposed structure(s) exhibits a unique design or use that is incompatible with the setback requirement, or that would be better served by an alternative setback. In such cases, the required setback alteration shall be the minimum necessary to avoid the identified impacts and accomplish the project's goals. 3Projects may use incentive standards only if the project opts in to and is compliant with the provisions of the Development Incentive Program found at TMC 18.47. Sections: 18.24.010 18.24.020 18.24.030 18.24.040 18.24.050 18.24.060 18.24.010 Purpose CHAPTER 18.24 REGIONAL COMMERCIAL (RC) DISTRICT Purpose Land Uses Allowed On -Site Hazardous Substances Design Standards Street Frontage Improvements Dimensional and Density Standards A. This district implements the Regional Commercial (RC) Comprehensive Plan designation. It is intended to provide for areas characterized by residential, mixed-use, commercial services, offices, lodging, entertainment, and retail uses. 18.24.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." Parcels within a Commercial Redevelopment Area may be permitted to aggregate with and use the development standards and permitted uses of any adjacent parcel within the RC zoning district, pursuant to TMC 18.60.100. 18.24.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). See TMC 21.08. 18.24.040 Design Standards A. All development within the RC zoning district shall be subject to design standards and procedures in accordance with the provisions found at TMC 18.60, "Design Review". 18.24.050 Street Frontage Improvements A. Applicability: In addition to all projects required to install frontage improvements by any other section of the TMC, all projects that propose to construct new structures that will feature any use that is not an accessory use shall install frontage improvements in accordance with this section. These requirements may be waived or altered by the Director of Community Development and the Director of Public Works via a Type 2 Design Review application if the applicant demonstrates the following: 1. That the proposed project is located on a site for which the frontage was previously improved but does not comply with the standards of this section, and the project will not result in an increase of multi -modal visitors to the site of greater than 25% from the previously approved use. The Director may require the provision of a multi -modal traffic study that compares total site -visitation both before and after construction. B. Standards: All projects subject to this section shall install improvements on all frontages. In addition to the following listed standards, improvements shall conform to the street designation determined by the Department of Public Works or the Department of Community Development, and shall meet the minimum standards of TMC 17.20.040.H, `Street Components and Improvement Requirements', and the `Tukwila Infrastructure Design and Construction Standards'. In areas of conflict, priority shall be given to this Section (TMC 18.24.070), then TMC 17.20.040.H, then the `Tukwila Infrastructure Design and Construction Standards'. The improvements required in this section shall be installed only at the back -of -curb. Required improvements may be located on private property if permanent public easements are provided, in accordance with the requirements of the Department of Public Works. Sidewalk Zones and Widths: Frontages in the RC zoning district shall feature the following zones: (a) Frontage Zone: This area is defined as the area between the property line and pedestrian clear zone. This zone may be able to accommodate sidewalk cafes, store entrances, retail display, landscaping, transit stop amenities, or other features that activate and enhance the pedestrian environment. Wider frontage zones provide more room for future tenants and residents to activate the public right-of-way in a manner compatible with street trees and other required features between the frontage zone and curb. (1) Minimum Width: 2 feet. (b) Pedestrian Clear Zone: This area is defined as the area of the sidewalk corridor that is specifically reserved for pedestrian travel. Street furniture, street trees, planters, and other vertical elements such as poles, fire hydrants and street furniture, as well as temporary signs and other items shall not protrude into the pedestrian clear zone. The minimum width shall be as follows: (1) Minimum Width: Tukwila International Boulevard and Southcenter Boulevard: 8 feet All Other Streets: 6 feet (c) Landscape / Furniture Zone: This area is defined as the area between the roadway curb face and the front edge of the pedestrian clear zone. This zone buffers pedestrians from the adjacent roadway and is the appropriate location for bioretention cells, rain gardens, street furniture, art, street trees and vegetation, and includes the 6 inch curb in its dimensions. It is also the preferred location for other elements such as signage, pedestrian lighting, hydrants, and above and below grade utilities. Clearance and setback requirements apply to many elements located in the landscape/furniture zone. In transit areas, the landscape / furniture zone may be utilized for transit patron waiting, boarding and alighting and may include transit signage, shelters, benches, litter receptacles, real-time display, off -board payment, and pedestrian scaled lighting. (1) Minimum Width: The minimum widths shown below may be increased by the Department on frontages with unique features, including transit stops. Tukwila International Boulevard and Southcenter Boulevard: 8 feet. All Other Streets: 6 feet. (2) Trees: Street trees shall be spaced to maximize tree growth based on size. Species shall be chosen from the City of Tukwila Approved Tree List. Other species may be approved by the Department. Chosen street tree species shall be non -columnar and shall be chosen from among large species if the planting location is along Tukwila International Boulevard or Southcenter Boulevard, or from among the medium or large species if the planting location is along any other street. Planting shall meet the minimum standards of TMC 18.52. 2. Alternative Sidewalk Designs: Alternative sidewalk designs may be approved by the Department if the alternative design meets the following standards: (a) The alternative design provides a barrier free, safe pedestrian route; and (b) The alternative design accommodates all required elements of the sidewalk in the area, such as transit waiting areas or bicycle parking; and (c) The alternative design results in fewer removals of existing mature vegetation than would be required with strict compliance; and/or (d) The alternative design enables green stormwater infrastructure above stormwater code requirements; and/or (e) The alternative design will avoid costly utility relocations that are not recommended by the Department of Public Works; and/or (f) The alternative design allows for more extensive sidewalk improvements (1 block minimum) compared to strict compliance with the sidewalk standards. 18.24.060 Dimensional and Density Standards A. Development within the RC district shall conform to the following listed and referenced standards. RC DIMENSIONAL AND DENSITY STANDARDS Minimum Lot Area None Residential Density No Maximum Fronts, Sides, Rear - Front, Sides, Rear - Portions of Structure Below 85 feet Portions of Structure Above 85 feet Entrances of Street Facing First -Floor Homes Abutting Street or Alley Setbacks' Minimum: 6' Minimum: 10' Maximum Average: 10' All other Uses: Abutting Adjacent Property Minimum: 0' Minimum: 20' Maximum Average: 10' Maximum Portions of Buildings Above 90 Feet: Development 65% Coverage Floorplates at or Above the 9th Story: Maximum Floorplates Average must not exceed 13,500 square feet Parcels with any frontage on Tukwila International or Southcenter Boulevards: Non-residential uses required on a minimum of 60% of the ground floor. As part of a Ground Floor Uses Type 2 Design Review permit, this requirement may be waived if at least 60% of the ground floor is designed such that it may be "Easily Adaptable". See TMC 18.06.249. Minimum Building 30 feet Heights Parcels south of Parcels north of S 148th Parcels north of S 148th St St & south of S 146th St S 146th St Base Height: Base Height: Base Height: Maximum Building Heights 85 feet 65 feet 65 feet Incentive Height2: Incentive Height2: Incentive Height2: No Maximum3 130 feet 90 feet Tower Separation Portions of Buildings Above 90 Feet: N/A 60 feet 'Maximum setback standards may be altered by the Director via a Type 2 Design Review application, provided the applicant demonstrates that: (i) strict adherence to setback rules will result in costly utility relocations that are not recommended by the Department of Public Works; or (ii) required sight distance triangles prohibit structures from compliance, and the issue is not mitigatable by enhancements to the project's frontage; or (iii) the proposed structure(s) exhibits a unique design or use that is incompatible with the setback requirement, or that would be better served by an alternative setback. In such cases, the required setback alteration shall be the minimum necessary to avoid the identified impacts and accomplish the project's goals. 2Projects may use incentive standards only if the project opts in to and is compliant with the provisions of the Development Incentive Program found at TMC 18.47. 'Maximum heights are not established by the City of Tukwila for projects on parcels south of S 148th Street that participate in the Development Incentive Program found at TMC 18.47. Maximum heights may be limited by other standards, including those of the Federal Aviation Administration. Return to Title Sections: 18.26.010 18.26.020 18.26.030 18.26.040 18.26.050 18.26.010 CHAPTER 18.26 REGIONAL COMMERCIAL MIXED-USE (RCM) DISTRICT Purpose Land Uses Allowed On -Site Hazardous Substances Design Review Basic Development Standards Purpose A. This district implements the Regional Commercial Mixed Use (RCM) Comprehensive Plan designation. It is intended to provide for areas characterized by commercial services, offices, lodging, entertainment, and retail activities with associated warehousing, and accessory light industrial uses, along a transportation corridor and intended for high-intensity regional uses. Residential uses mixed with certain commercial uses are allowed at second story or above. The zone's standards are intended to promote attractive development, an open and pleasant street appearance, and compatibility with adjacent residential areas. [Ord. 2765 §37, 2025; Ord. 2741 §4 (part), 2024] 18.26.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.26.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105).See TMC 21.08. 18.26.040 Design Review A. See TMC 18.60 for all requirements for Design Review. [Ord. 2765 §38, 2025; Ord. 2741 §4 (part), 2024] [Ord. 2765 §39, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 80 of 356 Return to Title 18.26.050 Basic Development Standards A. Development within the RCM District shall conform to the following listed and referenced standards: RCM BASIC DEVELOPMENT STANDARDS Minimum Lot Area: None Standard: Transit or Affordability Bonus: Residential Density: 3 dwelling units per parcel, plus 1 dwelling unit per 3,000 4 dwelling units per parcel, sq. ft. of lot area over 3,000 sq. ft. plus 1 dwelling unit per 3,000 SF of lot area over 3,000 sq. ft. Front Second Front / Sides / Rear Setbacks: 20 feet 10 feet Second Front Sides (Per Floor) / Rear (Per Floor) Setbacks Front (if any portion of 1St 2nd 3rd subject yard is within 20 feet 10 feet 50' of CR or HDR : 10 feet 20 feet 30 feet Landscaping Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Maximum Height 35 feet, unless within Building Height Exception Area (See Figure 18-3) 200 square feet per dwelling unit (1000 square feet minimum) Recreation Space 100 square feet per dwelling unit for senior citizen housing Not re uired for middle housing dwelling units See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 — Required Number of Parking Spaces for Off-street parking Automobiles & Bicycles Conversion to See TMC 18.50.230, Residential Conversions Residential [Ord. 2765 §40, 2025; Ord. 2758 §8, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 81 of 356 Return to Title CHAPTER 18.28 TUKWILA URBAN CENTER (TUC) DISTRICT Sections: Introduction 18.28.010 Purpose and Orientation 18.28.020 How to Use the Development Code 18.28.030 Applicability and Design Review Table 18-1: Summary of Applicable Review Process and Standards/Guidelines District -Based Standards 18.28.040 Districts 18.28.050 District Land Uses 18.28.240 Table 18-2: Land Uses Allowed By District 18.28.060 District Standards 18.28.150 Table 18-3: District Standards 18.28.070 Structure Height 18.28.080 Maximum Block Face Length 18.28.090 Permitted Corridor Types for New Streets 18.28.100 Side and Rear Setbacks 18.28.110 Side and Rear Yard Landscaping Requirements Corridor -Specific Standards 18.28.120 Corridors 18.28.130 Corridor Regulations 18.28.240 Figures 18-20 through 18-27 18.28.140 New Streets 18.28.150 Public Frontage Standards 18.28.160 Building Orientation to Street/Open Space 18.28.170 Frontage Building Coverage 18.28.180 Front Yard 18.28.190 On -Site Surface Parking Location 18.28.200 Architectural Design Standards 18.28.210 Front Yard Encroachments Supplemental Development Standards 18.28.220 Special Corner Feature 18.28.230 Landscaping Types 18.28.240 General Landscaping 18.28.250 Open Space Regulations Table 18-4: Provision of Open Space 18.28.260 General Parking Requirements Table 18-5: Provision of Parking 18.28.270 General Parking Guidelines 18.28.280 Site Requirements Office of the City Clerk I City of Tukwila Page 82 of 356 Return to Title Introduction 18.28.010 Purpose and Orientation A. The purpose of this chapter is to implement the goals and policies of the Tukwila Comprehensive Plan and Southcenter Subarea Plan. This chapter contains the primary development code that will be used to evaluate development projects or improvement plans proposed on properties within the Tukwila Urban Center (TUC) zone area. The Code contains regulations governing Use, Height, Building Placement, Public and Private Frontage, Parking, Streets, Blocks, Open Space, Landscaping, Site Design, and Architecture. See the Tukwila Comprehensive Plan and Southcenter Subarea Plan for more detail about the long range vision for the Plan area and a discussion of City actions and investments that support implementation of the Southcenter vision. [Ord. 2741 §4 (part), 2024] 18.28.020 How to Use the Development Code A. The Development Code is organized into four primary sections: 1. District -based standards, 2. Corridor -based standards, 3. Supplemental development regulations, and 4. A separate Southcenter Design Manual. B. Following are instructions on how to locate and review the development regulations that apply to a specific property: 1. Locate the property on the District Map (Figure 18-16), and Corridor Type Map (Figure 18-19). Identify which District and Corridor Type(s) apply to the property. 2. Review the District Standards (Tables 18-2 and 18-3) and Corridor Standards (Figures 18-20 through 18-27) and identify the specific standards for the applicable District and Corridor Type. Note that the tables and figures are intended as a summary and do not encompass all mandatory requirements presented throughout the development regulations. 3. District -Based Standards (TMC 18.28.040 through 18.28.110) govern: The use of a building or site; see Table 2, "Land Uses Allowed by District." The scale and configuration of the built environment; see Table 3, "District Standards." 4. Corridor -Based Standards (TMC 18.28.120 through 18.28.200) govern: a. Thoroughfare configuration, public frontage conditions, building and parking placement, front yard landscaping, and architectural aspects of that portion of a building's fagade within the first 185 feet of a parcel, measured from the curb line provided, however, that for Future Corridors mapped on Figure 18-19 these Corridor Standards do not apply until the Corridor is activated by: (i) City acquiring the right-of-way and installing thoroughfare and public frontage improvements or lawfully requiring dedication and installation of the same in connection with a project proposal; or (ii) an applicant or owner elects to install the Corridor improvements and provide public access in connection with adjoining development. See the Corridor Standards (Figures 18-20 through 18-27). b. More detailed information about the development regulations and guidelines that apply to each Corridor can be reviewed in the subsequent sections. These regulations are set forth to ensure that the configuration, location, orientation and design of new development match the envisioned character of all streets and open spaces in the Plan area. 5. Supplemental Development Regulations (TMC 18.28.220 through 18.28.280): These sections contain regulatory definitions, requirements and guidelines that are common for all properties in Southcenter. They address front yard encroachments, special corner features, new streets configurations and guidelines, open space, landscaping, site components, and parking. C. Interpretation of the Development Code. Most sections of the code feature the following elements: 1. Purpose. Purpose statements are overarching objectives. Office of the City Clerk I City of Tukwila Page 83 of 356 Return to Title 2. Standards. Standards use words such as "shall", "must", or "is/are required", signifying required actions. 3. Guidelines. Guidelines use words such as "should" or "is/are recommended", signifying voluntary measures. 4. Alternatives. Some standards within the code allow applicants to propose alternative methods of meeting the particular standards. In such cases, the applicant shall demonstrate how the proposal meets the purpose of the standard and the overall objectives of the Plan. D. See the Applicability and Design Review section (TMC 18.28.030) to determine how the provisions in this chapter apply to properties in the TUC zone and which other Tukwila codes may apply to a specific property. [Ord. 2741 §4 (part), 2024] 18.28.030 Applicability and Design Review A. Relationship to Other Tukwila Codes. 1. The provisions of this chapter apply to properties within the Southcenter Plan Area, shown on the District Map (Figure 18-16). 2. The provisions of this chapter shall modify the regulations and other provisions in TMC 18, provided that the regulations and provisions of the entire TMC shall apply when not specifically covered by this chapter; and, further, provided that where TMC 18 and the goals of the Southcenter Subarea Plan and this chapter are found to be in conflict, the provisions of this chapter shall apply unless otherwise noted. 3. Areas within 200 feet of the Ordinary High Water Mark (OHWM) of the Green River are subject to the regulations in TMC 18.44, "Shoreline Overlay," which supersede this chapter when in conflict. 4. Areas meeting the definition of sensitive areas or sensitive area buffers are subject to the regulations of TMC 18.45, "Environmentally Critical Areas," and TMC 18.54, "Urban Forestry and Tree Regulations." 5. Alterations to non -conforming structures, uses, landscape areas or parking lots shall be made in accordance with the standards in TMC 18.70, "Non -Conforming Lots, Structures and Uses," except that existing structures greater than the applicable district's maximum building height at the time of adoption of Ordinance No. 2443 (effective June 10, 2014) shall not be considered non -conforming as to height provisions. 6. Tukwila has adopted local amendments to the International Building and Fire Codes, which should be reviewed early in the development process; see TMC 16, "Buildings and Construction." 7. Boundary line adjustments, lot consolidations, subdivisions, and binding site improvement plans, shall be subject to the requirements of TMC 17, "Subdivisions and Plats." 8. Signs shall be regulated according to Title 19, "Sign and Visual Communication Code." 9. Public and private infrastructure must be designed and built in compliance with the standards contained in the current edition of the Tukwila Public Works Department Infrastructure Design and Construction Standards. B. Intensification of Use. Maximum block face length (TMC 18.28.080) and public frontage improvements (TMC 18.28.150) are required when an individualized assessment by the Director determines that the improvements are reasonably necessary as a direct result of the transportation impacts of a proposed development. C. Pad Development, Expansions or Complete Redevelopment. 1. Construction of a new pad building on a site with existing development shall meet all requirements for the new structure, and any alterations to non -conforming landscape areas or parking lots shall be made in accordance with the standards in TMC 18.70, "Non -Conforming Lots, Structures and Uses." 2. Expansions of existing buildings shall meet all requirements for the new portions of the structure, and any alterations to non -conforming landscape areas or parking lots shall be made in accordance with the standards in TMC 18.70, "Non -Conforming Lots, Structures and Uses." Office of the City Clerk I City of Tukwila Page 84 of 356 Return to Title 3. Development of a vacant site or complete redevelopment of a site shall require compliance with all of the standards and guidelines in this chapter. D. Design Review. (Table 18-1) Design review for projects located in the TUC: a. Projects meeting the thresholds for design review set forth in TMC 18.28.030.D.1.b. shall be evaluated using applicable regulations in this chapter and the guidelines set forth in the Southcenter Design Manual. Work performed within the interior of a structure does not trigger design review or application of District or Corridor Standards. b. Major remodels and small-scale projects. Projects meeting any one of the following criteria shall be subject to Design Review pursuant to TMC 18.60): (1) New non-residential structures greater than 1,500 square feet in size (total on premises). (2) New residential or mixed-use buildings. (3) Any exterior repair, reconstruction, cosmetic alterations or improvements, when the cost of that work exceeds 10% of the building's current assessed valuation (the cost of repairs to or reconstruction of roofs screened by parapet walls is exempt). Compliance with corridor -based architectural design standards and building orientation is required for existing buildings only if they are destroyed by any means to an extent of more than 50% of their replacement cost at the time of destruction, in the judgment of the City's Building Official. (4) Exterior expansions greater than 1,500 square feet in size (total on premises). d. Minor remodels and very small scale projects. Projects NOT meeting the design thresholds set forth in TMC 18.28.030.D.1.b. are not subject to design review and shall be evaluated using applicable regulations in this chapter EXCEPT for the corridor -based architectural design standards. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 85 of 356 Return to Title DISTRICT -BASED STANDARDS 18.28.040 Districts A. Five Districts are hereby established within the Tukwila Urban Center in the specific locations and with the specific names indicated in the District Map (Figure 18-16). Figure 18-16: District Map Districts ; Commercial Corridor / —s Pond Regional Center��� Transit Oriented Development `LI J �,9 Workplace ,ti _j�°� 56th •�•- Southcenter Plan Boundary E ans Blac •� f 1 v 1 Bake Bi Y c 1 L S an er Ivd ca � v ` a Tr p S 66th S i• CD orate r N j i g Blvd a c Co orate MinklerBlvd Mi ler d Ian Dr V� ! CP r /f l C idran Dr m OstC4 Dr m T Ian Dr S 178 th� 1 alePadc D Dr ` 1 �l r r ! R, Office of the City Clerk I City of Tukwila Page 86 of 356 Return to Title B. Districts — Purpose. 1. TUC -RC, Regional Center. The area in the vicinity of Westfield Southcenter Mall, with easy access to the bus Transit Center, is intended to provide an area that will continue to infill and intensify with more retail, services, and entertainment uses southward toward Strander Boulevard and eastward across Andover Park West. Over the long term, infill development on the high-value property of the Mall may continue the transition from surface parking to structured parking, and may be increasingly characterized by mid -rise or high-rise building components built over the retail base. 2. TUC-TOD, Transit Oriented Development (TOD) Neighborhood. The area extending from the bus transit center on Andover Park West eastward towards the Sounder commuter rail/Amtrak station is intended to provide a more compact and vibrant mix of housing, office, lodging and supportive retail and service uses. Parking will be accommodated by a combination of off- and on -street parking spaces/lots. The overall structure of the TOD Neighborhood will be characterized by moderate development intensities and building heights. A fine-grained network of streets with pedestrian amenities will increase the walkability of the area. 3. TUC -P, Pond District. The northern edge of the Pond District is intended to provide an area of higher -density mixed- use development over retail, restaurants and services, oriented towards the Pond and a paved waterfront esplanade. Maximum building heights will be lower than in the adjacent Regional Center District, to provide sunlight to and views of the Pond. The eastern, western, and southern edges of the Pond will be characterized by a more natural park environment. Buildings will be separated from the Pond by streets on the eastern and southern edges, and stepped down in height toward the water to preserve views. Ground floors on these edges will range from office to support services and retail uses, with more private uses like residential above. 4. TUC -CC, Commercial Corridor District. Southcenter Parkway will continue to feature auto -oriented retail and services in a manner similar to the existing patterns of development in that area. 5. TUC -WP, Workplace District. The large southern portion of the plan area will continue to provide a wide range of distribution, warehousing, light industrial, "big box" retail, and furniture outlets, with incremental infill by office and other complementary commercial uses. Residential uses may front the Green River. C. The scale and pattern of all development shall be governed by the standards and regulations for the applicable District. [Ord. 2741 §4 (part), 2024] 18.28.050 District Land Uses A. For permitted uses of a building or site, see Table 18-2, "Land Uses Allowed by District." 1. All Districts appear in the top row of the table. 2. The uses are organized by category and if allowed in a District are listed as either Permitted (P), Accessory (A), Conditional (C), or Unclassified Use Permit (UUP). 3. All permitted uses for a single district are allowed either alone or in combination with any other permitted uses within a parcel. 4. Other uses not specifically listed in this title are permitted should the Director determine them to be similar in nature to and compatible with other uses permitted outright within a District, consistent with the stated purpose of the District, and consistent with the policies of the Southcenter Plan. [Ord. 2741 §4 (part), 2024] 18.28.060 District Standards A. For the scale and configuration of the built environment, see Table 18-3, "District Standards." 1. All Districts appear in the top row of the table. 2. The primary regulations are listed in the left-most column of the table in the order that they appear in the text. Office of the City Clerk I City of Tukwila Page 87 of 356 Return to Title 3. The development standards that apply to each District can be reviewed by cross referencing a regulation with a District. 4. More detailed information about the regulations and guidelines that apply to each District can be reviewed in the Tukwila Municipal Code section referenced in the row sub -headings. These regulations are set forth to ensure that the height and setbacks of new buildings and the scale of new blocks and streets are consistent with the purpose of each Southcenter District. [Ord. 2741 §4 (part), 2024] 18.28.070 Structure Height A. The minimum and maximum height of a structure shall be as specified by District or modified by a special height overlay. See Table 3, "District Standards." 1. Structures oriented to Baker Boulevard shall have an average height at least as high as the minimum listed in Table 18-3, "District Standards." B. Pond Edge Height Limit. 1. Development located within 150 feet of the edge of Tukwila Pond is not eligible for incentive height increases. 2. The maximum height in this location shall be as specified by District. C. Public Frontage Improvement Height Incentive. 1. As an incentive to provide public frontage improvements and/or new streets that are not otherwise required under this code, allowable structure heights may be increased to the limits as specified for each District as shown in Table 18-3, "District Standards," when: a. Developers construct public frontage improvements along their parcel frontages on existing streets, constructed to the standards of this code; or b. Developers construct new 20 foot wide half streets with one side of public frontage improvements, constructed to the standards of this code; or c. The existing sidewalk width and configuration along a parcel's frontage meets or exceeds the public frontage standard and, when averaged, the landscape width and street tree spacing meet the required public frontage standard. Additional sidewalk width may substitute for an equal area of landscaping. d. In order to take advantage of this incentive, the public frontage improvements must start and stop at property boundaries, intersections or traffic signals and transition safely to neighboring conditions. 2. The public frontage height incentive will be applied proportionally to parcels with more than one frontage based on the following: a. Each frontage will be evaluated separately based on its Corridor Type's public frontage standards. b. The height bonus will be applied to a percentage of the total building footprint(s) on site based on the percentage of the parcel's total public frontage that, when averaged, meets the public frontage standard. For example, when averaged, if one of a parcel's two similar length frontages meets the corridor's public frontage standard, then 50% of the total building footprint on site is eligible for the height incentive. D. Multi -Family Height Incentive. 1. As an incentive to construct residential dwelling units, allowable structure heights may be increased to the limits specified in Table 18-3, "District Standards." 2. Structures may be completely residential or mixed use, with residential uses comprising at least half of the occupied floor area of the building. E. Structures qualify for increased height as set forth in Table 18-3, "District Standards," when integrating any of the following combination of height incentives: Office of the City Clerk I City of Tukwila Page 88 of 356 Return to Title 1. In the TUC-TOD District, allowable structure heights may be increased to 115 feet for developments that meet both the frontal improvement and multi -family height incentive requirements. 2. In the TUC-TOD District, allowable structure heights may be increased to 115 feet for developments that achieve a LEED certification of silver or higher and meet either the frontal improvement or multi -family height incentive requirements. 3. In the TUC-TOD District, allowable structure heights may be increased to 115 feet for developments that meet the multi -family height incentive requirements and make at least 20% of the residential units affordable per the standards in WAC 365-196-870. For rental units, affordability is set at 50% of the county median family income, adjusted for family size. For owner -occupied units, affordability is set at 80% of the county median family income, adjusted for family size. [Ord. 2741 §4 (part), 2024] 18.28.080 Maximum Block Face Length A. Definition. Block face length is a measure of a length of a block, in feet, from curb face to curb face of two intersecting and publicly accessible streets (public or private). See Figure 18-17 (below). Figure 18-17: Block face length w z BLOCK FACE LENGTH m W U z U m N W LU STREET m l-_ m B. Regulation. 1. When required per TMC 18.28.030.13, development sites (properties or assemblages of contiguous properties) with a block face that exceeds the specified maximum block face length standard must construct new publicly accessible streets in locations that result in the creation of city blocks that do not exceed the maximum block face length for that District. 2. For the purposes of determining block face length, alleys are considered as part of the interior of a block. For development sites bounded by rivers or ponds, property lines along the adjacent water body and pedestrian ways providing waterfront access may qualify as defining the edge of a block. In no other case shall pedestrian ways qualify as defining the edge of a block. 3. New streets must be designed, configured, and located in accordance with TMC 18.28.140, "New Streets." [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 89 of 356 Return to Title 18.28.090 Permitted Corridor Types for New Streets A. New streets built to satisfy maximum block face requirements or built voluntarily by a developer that are not shown on the Corridor Type Map (Figure 18-19) shall be built as one of the Corridor Types permitted in Table 18-3, "District Standards." See TMC 18.28.140, "New Streets," for more details. Figure 18-19: Corridor Type Map Corridor Commercial Condor Freeway Frontage Corridor —•—• Future Commercial Corridor Herghborhood Condor Future Neighborhood Co1rrido hl + Ped Walk asrnan way °•'�° Tukwia Pond Esplanade i Urban Corridor f � F t Urb C d i t. ti 00 �.+."t.r S�? 56rtr St r "•,t'. 5 Lonoacmr- Way u ure an orn or Walkable Corridor +� Evans Black Ur �••�+ Future Walkatde Corridor , Workplace Goridcr j Raker Slvd w e *4", —• Future Workplace Corridor j a. V, `a c� CL L _ 4L Stranrl5 Blvd Nl.. M t Trnrk Dr i I+1 S 168tti St 1 1 CorlMr2le D, ht j Wig Blvd i r Cor serrata pr 5 AAirtklorBlvd Mi,3rE 11• land Dr �. lNirlland Gtr � � e G a [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 90 of 356 Return to Title 18.28.100 Side and Rear Setbacks A. The width of side and rear setbacks shall be as specified by Table 18-3, "District Standards." B. Front yard setbacks are specified by the Corridor Standards (Figures 18-20 through 18-27). [Ord. 2741 §4 (part), 2024] 18.28.110 Side and Rear Yard Landscaping Requirements A. The width of side and rear yard landscaping shall be as specified by Table 3, "District Standards." B. Side and rear yard landscaping shall be designed, planted and maintained as specified in TMC 18.28.230.13, "Side and Rear Yard Landscape Types," and TMC 18.28.240, "General Landscaping." (Ord. 2741 §4 (part), 20241 CORRIDOR -SPECIFIC STANDARDS 18.28.120 Corridors A. Purpose. To provide standards specific to a hierarchy of corridors and to implement the vision for Southcenter as set forth in the Subarea Plan. B. A Corridor consists of the following elements (see figure 18-18 below): Figure 18-18: Corridor Definition of Terms PRNATE PUBLIC TNOROUGNFARE PURJC PRNATE FRONTAGE FRONTAGE ,� FRONTAGE FRONTAGE S1REF.R ORRI- 1. Street: Comprised of the thoroughfare and public frontage. a. Thoroughfare — Includes the moving and parking lanes from curb face to curb face. b. Public Frontage — The portion of a property between the curb face and back of sidewalk, including the sidewalk and any sidewalk landscaped areas. Public frontage is also associated with pedestrian walkways and open spaces, such as Tukwila Pond or the Green River. 2. Private Frontage. The portion of a property between the back of sidewalk and the primary building fagade along the street, pedestrian walkway or open space, and portions of all primary building fagades up to the top of the first or second floor, including building entrances, located along and oriented toward the street, pedestrian walkway or open space. C. Eight Corridor Types are hereby established in the specific locations and with the specific names indicated in Figure 18-19, "Corridor Type Map." 1. Walkable Corridors. To provide and support a high-quality pedestrian realm for shopping and strolling along active retail, eating and entertainment uses, with buildings pulled up to the street and parking located to the side or rear, on Southcenter's primary streets connecting the Mall, Tukwila Pond, the Transit Center, and the Sounder Commuter Rail/Amtrak Station. Sidewalks associated with these Corridors should be wide and unobstructed to provide ample room for pedestrians to walk, and, where appropriate, to encourage activities including outdoor dining and locations for kiosks, food carts, and flower stalls. Office of the City Clerk I City of Tukwila Page 91 of 356 Return to Title 2. Pedestrian Walkways. The design and location of this corridor is intended to supplement the existing and future street network with non -motorized pathways; to support and foster an alternative mode of travel to motorized vehicles within the area; and to provide a safe, pleasant, and direct route for pedestrians between significant activity areas (such as the Sounder Commuter Rail/Amtrak Station and Baker Boulevard, and the Mall and Tukwila Transit Center with Tukwila Pond Park). Pedestrian walkways should be wide with amenities such as trees, planters, benches and other street furniture. Buildings should be pulled up to the edge of the corridor and designed to be pedestrian -friendly. Where appropriate, uses such as kiosks, viewing areas, food carts and flower stalls shall be encouraged along this corridor. Walkways will be well -lit to create a safe night-time environment. 3. Tukwila Pond Esplanade. To provide a public esplanade environment along the northern edge of Tukwila Pond Park that functions as a focal point and central gathering spot for the urban center, suitable for shopping or strolling. The esplanade is intended to be integrated with adjoining retail and restaurant activities, providing an active waterside promenade to augment the shopping, eating and other uses in the vicinity. 4. Neighborhood Corridors. To provide an intimately -scaled pedestrian environment within northern Southcenter's higher density mixed-use neighborhoods, in a "complete streets" setting with on -street parking and bicycles sharing the roadway with vehicles. 5. Urban Corridors. To provide an attractive streetscape along the crossroads in the urban center, which provide greater capacity for transit and auto traffic, with modest improvements for pedestrian safety. 6. Commercial Corridors. To provide greater capacity for vehicles, and attractive streetscapes along heavily travelled roadways serving auto -oriented commercial uses, with modest improvements for pedestrian safety. 7. Freeway Frontage Corridors. To provide heavily travelled parkways oriented towards both the area's freeways and Westfield Southcenter Mall, with modest improvements for pedestrian safety. 8. Workplace Corridors. To provide streets serving truck loading and parking access for primarily warehouse/distribution uses in the southern part of the Southcenter area, with modest improvements for pedestrian safety. [Ord. 2741 §4 (part), 2024] 18.28.130 Corridor Regulations A. This section contains regulations and guidelines for the provision, design, and configuration of new and existing streets and adjacent public and private frontage to ensure that these components of a Corridor support the type of development desired within each district, enhance the connectivity of the street network, create safe and attractive streetscape environments, encourage walking, and provide sufficient capacity and proper accessibility and circulation as the area intensifies. B. The form of all development along a street, primary open space, or water body shall be governed by the standards and regulations of the applicable Corridor Type. Corridor Type establishes the following: 1. For existing streets: A specific configuration of the public frontage. 2. For new streets: A specific configuration for the thoroughfare and public frontage. 3. For existing and new streets: Specific private frontage requirements. 4. For projects that trigger design review: Architectural Design Standards. C. Modifications. An applicant may propose modifications to the Corridor standards. Modifications must be approved by the Director as a Type 2 decision (TMC 18.104). The applicant must show that the modified Corridor design: 1. Satisfies the urban design goals as stated in each Corridor Type's purpose, requirements, and description; 2. Is designed to transition safely to the existing conditions at either end; and Office of the City Clerk I City of Tukwila Page 92 of 356 Return to Title 3. Enhances the streetscape of the site and adjacent development. D. Summary of Standards. Figures 18-20 through 18-27 summarize the corridor regulations. TMC 18.28.140 through 18.28.200 provide supporting details. (0)rd. 2741 §4 (part), 2024] 18.28.140 New Streets A. Purpose. New street regulations ensure the creation of an appropriate sized network of blocks, streets and pedestrian paths that will support the envisioned future development. B. Regulations. 1. New streets shall be required when an individualized assessment by the Director determines that the improvements are reasonably necessary as a direct result of the proposed development. New streets may also be provided voluntarily by a developer, or constructed by the City. 2. All New Streets: a. New streets shall be designed based on their Corridor Type. b. New street locations must meet safety and spacing requirements, as approved by the Public Works Director. c. New streets may be publicly or privately owned and maintained, as approved by the Public Works Director. d. New streets shall connect with existing streets and be configured to allow for future extension whenever possible. e. Permanent dead ends shall not be permitted, unless the new street dead ends at a public access point to the Green River. f. In order to maintain the accessibility provided by the block structure of the urban center, existing public streets or alleys may not be closed permanently unless the closure is part of the provision of a network of new streets that satisfies all street regulations. g. New alleys and passageways do not satisfy street provision requirements. h. New streets are encouraged to be located along side property lines. These new streets may require coordination with neighboring property owners in order to maximize the continuity of the new street network. i. As part of new street construction or sidewalk improvements, landscaped areas within the street right-of- way should be designed to be functional stormwater treatment facilities where appropriate. (0)rd. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 93 of 356 Return to Title 18.28.150 Public Frontage Standards A. Regulations. 1. Public frontage standards establish a specific configuration of improvements that match the configuration and design of new and existing thoroughfares. See Figure 18-28 for an example of public frontage. 18-28: Three examples of public frontages /BACK ©F SIDEWALK► � eack of sidewalk / Street tree „__ �;,;,, ✓ spacing: 20-3d li I I I I I � I STREET >1 20'- 30' 1 dewaik PEDESTRIAN WALKWAY POND PROPERTY LINE r BACK Of SIDEWALK P zs ESPtANDE 2. Installation of new public frontage improvements, if required by TMC 18.28.030.13 or constructed voluntarily, shall be as specified by the Corridor Type's public frontage standards (see Figures 18-20 through 18-27) along all parcel frontages, except where the public frontage area already contains the required features. 3. In instances where existing public frontage areas already contain features that are sufficiently similar to those required in the Plan, all or part of the required public frontage requirements may be waived by the Director. 4. In instances where new streets are required or constructed voluntarily—that is, in instances where there are no existing public frontage conditions—the public frontage shall be configured as specified by the Corridor Type's public frontage standards. See Figures 18-20 through 18-27. 5. The exact location of the new back of sidewalk may or may not coincide with the front property line. As a result, newly installed public frontage improvements may be partially located on private property. 6. Along Tukwila Pond, all public frontage improvements are measured from the pond property line. 7. Each block shall have no more than 40% of the same species of large, open -habit deciduous trees. To provide optimum canopy cover for the streetscape, each block shall be planted with deciduous trees at intervals set forth in the Corridor Standards (Figures 18-20 through 18-27). Spacing shall be a function of mature crown spread, and may vary widely between species or cultivars. The trees shall have a minimum branching width of 8 feet within 5 years and when mature shall be large broad canopy species selected from the City's recommended street tree list established for each corridor. 8. Pedestrian -scale decorative street lighting shall be installed with a maximum spacing consistent with recommendations of the Illuminating Engineering Society of America (IES). The light source shall be located 12 to 14 feet above finished grade. Where vehicular lights are needed, vehicular lighting height and location should be consistent with IES recommendations. 9. Where appropriate, special paving patterns should be used to emphasize the pedestrian realm within the public frontage. The sidewalk shall include a 1 foot wide paved auto passenger landing located along the curb where on -street parking is present. 10. Street furnishings such as benches and trash receptacles shall be provided where appropriate. B. Exceptions. 1. In instances where installation of required public frontage improvements as part of on-site construction are found to be impractical—for example in instances where the private frontage is particularly narrow or fragmented—the property owner may pay an in -lieu fee covering the construction cost to install the required public frontage improvements when they can be combined with those on adjacent properties or as part of a City -sponsored street improvement program with the approval of the Director. Office of the City Clerk I City of Tukwila Page 94 of 356 Return to Title 2. When public frontage improvements are triggered by development on a portion of a larger site and the cost of the public frontage improvements is disproportionate to the triggering work, the Director will determine the degree of compliance. [Ord. 2741 §4 (part), 2024] 18.28.160 Building Orientation to Street/Open Space A. Intent. The building orientation to street provisions are intended to implement the vision for Southcenter by creating a network of "complete streets" and corridors that provide pedestrian comfort, bicycle safety, and automobile movement according to their location and necessary function in the overall area. The provisions herein include a hierarchy of street or "corridor" types ranging from vibrant and activated shopping and dining frontages (Walkable Corridors) to the Workplace Corridors, which accommodate significant truck traffic and support warehouse/distribution uses. The design provisions intend to physically enclose the street or pedestrian corridor to create the sense of an outdoor room with connections across the street to the extent appropriate for the particular street or corridor type. This is accomplished by locating buildings close to the street and containing visible pedestrian entries directly accessible from the street, with parking areas predominately located to the side or rear of buildings along most corridors. B. Regulation. 1. Building orientation is required or not required, as specified by Corridor Type (see Figures 18-20 through 18- 27. 2. A building is oriented to a street or open space (Figure 29) if the building has a primary public entrance that opens directly on to or facing new or existing streets or open space, excluding alleys. See Section 7 of the Southcenter Design Manual for additional standards and guidelines for entrances. Figure 18-29: Example of a building oriented to the street Direct pedestrian Vehicular access to the entries into building side of building with from sidewalk parking to the side, rear, andlor undertwithin building street tee 5 3. Where building orientation to streets/open spaces is required for the applicable Corridor Type, weather protection at least 6 feet in width along at least 75 percent of the fagade must be provided (see Figures 18-30 and 18-31). See Section 14 of the Southcenter Design Manual for additional standards and guidelines for weather protection. Office of the City Clerk I City of Tukwila Page 95 of 356 Return to Title Figure 18-30: Exan Figure 18-31: Ad Weather protection: t least W deep to• 'endows/ transparency: At least 75 of facade between 24" and 10' 21 l - of teatures on a building oriented tc Entry: facing street *t' .t� y„r street of building orientation to streets / open space treatments 4. Parking structures, garages, and accessory buildings are permitted and encouraged to be located along alleys in lieu of streets or open spaces. Those portions of parking structures, garages, and accessory buildings that are within 185 feet of the street are subject to applicable Corridor Standards (see Figures 18-20 through 18-27. C. Corner Parcels. New buildings located at the intersection of two or more Corridors where building orientation is required shall have an entrance(s) oriented towards at least one Corridor to be determined by the developer. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 96 of 356 Return to Title 18.28.170 Frontage Building Coverage A. Regulations. 1. Frontage building coverage is the percentage of the length of the street frontage that is occupied by a primary building fagade(s) excluding any side yard setbacks (Figure 18-32). Figure 18-32: Frontage Building Coverage 2. Minimum building frontage coverage percentages are required by the Walkable Corridor and Tukwila Pond Esplanade Corridor Types (see frontage building coverage minimum in Figures 18-20 and 18-22). 3. Where required, all new development shall include buildings sited such that minimum frontage building coverage requirements are met. B. Exceptions. 1. In order to provide vehicular access to parking areas in the interior or at the rear of a parcel if no other access is available, vehicular breezeways may count toward frontage coverage requirements. a. A vehicular breezeway is a covered driveway penetrating the building. b. The width of a vehicular breezeway shall not exceed the width of the curb cut plus the width of an adjacent pedestrian sidewalk. C. In order to connect the public sidewalk with active open spaces, courtyards, parking areas, and alleys in the interior or at the rear of a parcel, pedestrian passages designed to the standards in the Open Space Regulations, TMC 18.28.250.E.2.j, may count toward frontage coverage requirements. [Ord. 2741 §4 (part), 2024] 18.28.180 Front Yard A. Setback. 1. The minimum and/or maximum required front yard setback shall be as specified in the applicable Corridor Standards. See Figures 18-20 through 18-27. 2. Setbacks for the Walkable Corridor may be increased to allow for additional pedestrian space (see Figure 18- 33) between the sidewalk and the building. Figure 18-33: Example of exceeding maximum building setbacks to provide pedestrian space Office of the City Clerk I City of Tukwila Page 97 of 356 FRONT STREET Y Y X X I _ --�1 ----1 -- -- -r - -7 - s -- SIDEWALK WMIN. WIN FRONT YARD SETBACK MAX. FRONT YARD SETBACK FRONTAGE o w a COVERAGE w ZONE o Z "' G I FRONTAGE X COVERAGE - X 100 2. Minimum building frontage coverage percentages are required by the Walkable Corridor and Tukwila Pond Esplanade Corridor Types (see frontage building coverage minimum in Figures 18-20 and 18-22). 3. Where required, all new development shall include buildings sited such that minimum frontage building coverage requirements are met. B. Exceptions. 1. In order to provide vehicular access to parking areas in the interior or at the rear of a parcel if no other access is available, vehicular breezeways may count toward frontage coverage requirements. a. A vehicular breezeway is a covered driveway penetrating the building. b. The width of a vehicular breezeway shall not exceed the width of the curb cut plus the width of an adjacent pedestrian sidewalk. C. In order to connect the public sidewalk with active open spaces, courtyards, parking areas, and alleys in the interior or at the rear of a parcel, pedestrian passages designed to the standards in the Open Space Regulations, TMC 18.28.250.E.2.j, may count toward frontage coverage requirements. [Ord. 2741 §4 (part), 2024] 18.28.180 Front Yard A. Setback. 1. The minimum and/or maximum required front yard setback shall be as specified in the applicable Corridor Standards. See Figures 18-20 through 18-27. 2. Setbacks for the Walkable Corridor may be increased to allow for additional pedestrian space (see Figure 18- 33) between the sidewalk and the building. Figure 18-33: Example of exceeding maximum building setbacks to provide pedestrian space Office of the City Clerk I City of Tukwila Page 97 of 356 Return to Title B. Landscaping. 1. The minimum required landscaping shall be as specified in the applicable Corridor Standards. See Figures 18-20 through 18-27. 2. Front yard landscaping shall be designed, planted and maintained as specified in TMC 18.28.230.A, "Front Yard Landscape Types," and TMC 18.28.240, "General Landscaping." 3. Front yard landscaping requirements shall be waived if the public frontage improvements are built to the required standard. Exceptions: perimeter parking lot landscaping (see TMC 18.28.240.B.6) and blank wall screening standards (see Section 15 of the Southcenter Design Manual) still apply, where applicable. [Ord. 2741 §4 (part), 2024] 18.28.190 On -Site Surface Parking Location A. Permitted Locations. The permitted on-site surface parking locations on a parcel shall be as specified in the applicable Corridor Standards (Figures 18-20 through 18-27). See TMC 18.28.260 and 18.28.270 for additional parking regulations and guidelines. B. On Site Parking Types. 1. Parking areas shall be designed as one of the parking types defined in this section. A property's permitted parking types shall be as specified by Corridor Type. For all parking types, parking shall be connected with the street by a driveway as stated in TMC 18.28.260.C., "Vehicular Access." 2. Surface Parking Lot — Front. a. Definition: A parking lot that is located between a building and the primary street fronting a development (Figure 18-34). Figure 18-34: Surface Parking - Front 3. Street Front Parking: Office of the City Clerk I City of Tukwila Page 98 of 356 Return to Title 18-35) a. This regulates the width of a front parking area allowed between a building and the closest street (Figure b. For new construction the maximum width of street front parking is regulated by Corridor Type. (See Figures 18-20 through 18-27.) c. This standard does not apply when adding onto an existing building, constructing a parking garage or where there is an existing structure at least as wide as the proposed structure between the new construction and the closest street. d. For buildings with complex shapes, the section of the building meeting the criteria must beat least 80 percent of the overall width of the building, measured parallel to the primary street. 4. Surface Parking Lot — Side. a. Definition: A parking lot that is located in part or entirely along the side of a building, in a side yard, and fully or partially extends toward, but does not encroach into, the front yard setback area. Parking located between a building and a side property line that is directly visible from a street. (Figure 18-36). Figure 18-36: Examples of Surface Parking — Side Street 5. Surface Parking Lot — Rear. a. Definition: A parking lot where a building(s) is located between the entire parking lot and the street so that it is not directly visible from a street. A rear parking lot does not extend beyond the rear wall of the primary building into any side yard setback, except where driveway access is provided. (Figure 18-37). Figure 18-37: Surface Parking — Rear Office of the City Clerk I City of Tukwila Page 99 of 356 Return to Title 6. Parking Structure. a. Parking structures may stand alone or be integrated into a building. b. Parking structures are permitted in all Districts. c. Those portions of parking structures that are within 185 feet of the street are subject to applicable Corridor Type standards. [Ord. 2741 §4 (part), 2024] 18.28.200 Architectural Design Standards A. Applicability and definitions (see Figure 18-38). Figure 18-38: Example of vertical modulation and horizontal modulation Horizontal modulation (upper level stepback) 1. Architectural design regulations control the minimum required fagade articulation and transparency, and are determined by Corridor Type as shown in the Corridor Standards. See Figures 18-20 through 18-27. 2. Street Fagade. The architectural design regulations apply to the plane of a fagade that fronts upon a street, extending from the ground up to the street fagade eave line. 3. Articulation. The giving of emphasis to architectural elements that create a complementary pattern of rhythm, dividing large buildings into smaller identifiable pieces. 4. Modulation. The stepping back or projecting forward of portions of a building face, as a means of the building function and/or breaking up the apparent bulk of a structure's continuous exterior walls. B. Fagade Articulation Regulations. 1. Intent. The objective of this section is to ensure that the length of new or renovated building fagades maintain the desired human scale and urban character appropriate for the Southcenter area. Office of the City Clerk I City of Tukwila Page 100 of 356 Return to Title 2. Facade Articulation Increment — Requirements. The maximum increment shall be as specified by Corridor Type and ground level use. When a notch or pilaster/pier is used for the massing element, measurement of the vertical increment shall be from centerline to centerline of elements (see Figures 18-39 and 1840). See the Southcenter Design Manual, Section 10, "Building Massing," A. and B., Fagade Articulation, for techniques to achieve this standard. Figure 18-39: Fagade articulation example for a mixed-use building Entries and fenestration pattern Figure 18-40: Example of articulating fagade of a residential building 3. Major Vertical Modulation Increment — Requirements. The maximum increment shall be as specified by Corridor Type. See Figure 18-41 for an example, and the Southcenter Design Manual, Section 10, "Building Massing," C., Major Vertical Modulation Increment, for techniques to achieve this standard. Office of the City Clerk I City of Tukwila Page 101 of 356 Return to Title Figure 18-41: Major Vertical Modulation Example Major vertical modulation Facade iculation rements 4. Side and rear faqades. While there are no specific requirements for side or rear fagades they should continue the design vocabulary used on the other sides of the building. C. Ground Level Transparency Regulations. 1. Intent. The objective is to promote a hierarchy of vibrant and activated streets in the Southcenter area. Transparent windows and doors add visual interest to the street for pedestrians, help to promote commercial uses within the building, and enhance the safety of streets by allowing visibility towards the street by building users. 2. A minimum transparency percentage for the area between the height of 2 and 10 feet along the length of a building fagade (Figures 18-42 and 18-43) that faces the applicable Corridor is listed in Figures 18-20 through 18-27. Figure 18-42: Ground level transparency requirements apply to the transparency percentage for the area between the height of 2 and 10 feet along the length of a building faqade Office of the City Clerk I City of Tukwila Page 102 of 356 Return to Title Figure 18-43: Examples of percentage of transparency between 2 and 10 feet along the length of a building fagade now,.. INUA INiN■N RON - a 1� I logo MEF, Ijj�I°Mr .jAFjME R: 75% Transparency - L - o 50% Transparency 3. A minimum 3 foot zone behind the window glazing must provide an unobstructed view of the establishment's goods or services. Display areas separated from the interior of the space may be used to meet this requirement if they have a depth of at least 3 feet and contain displays that are regularly updated (see Figure 18-44). Figure 18-44: Display window example This example meets the display window criteria: X411 �.... '� �k•� This example does not meet the display window criteria: Office of the City Clerk I City of Tukwila Page 103 of 356 Return to Title 4. Darkly tinted glass, mirrored glass, and glass covered by screening sheets, white, or UV protection film shall not meet transparency requirements. 5. On sites where all sides of a building are subject to Corridor Standards per TMC 18.28.020.B.4.a., ground level transparency may be waived for the facade facing the least travelled Corridor. [Ord. 2741 §4 (part), 2024] 18.28.210 Front Yard Encroachments A. Building overhangs such as trellises, canopies, awnings and freestanding covered walkways may extend horizontally into the public frontage up to a maximum of 6 feet and no closer than 8 feet from the back of curb. These overhangs must provide a minimum of 8 feet clear height above sidewalk grade and not interfere with street trees (see Figure 18-45). Figure 18-45: Encroachment provisions for building overhangs or weather protection features [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 104 of 356 Return to Title SUPPLEMENTAL DEVELOPMENT STANDARDS 18.28.220 Special Corner Feature A. Special corner features are permitted by District as shown in Table 18-3, "District Standards." B. A special corner feature is a distinctive building element used to emphasize the corner of a building at an important intersection. See the Southcenter Design Manual, Section 9, "Corner Treatments," for additional guidance. C. Special corner feature masses may encroach up to 2 feet into the required setback areas but may not encroach into the public right-of-way. See TMC 18.28.210, "Front Yard Encroachments." D. Special corner features may exceed the permitted height limit by 20 feet, up to a maximum of 115 feet. [Ord. 2741 §4 (part), 2024] 18.28.230 Landscaping Types A. Front Yard Landscaping Types. 1. Frontage Improvements per Corridor Type. a. When public frontage is constructed to meet the Corridor standard, any other front yard landscaping requirement shall be waived. Exceptions: perimeter parking lot landscaping (see TMC 18.28.240.B.6) and blank wall screening standards (see Section 15 of the Southcenter Design Manual) still apply, where applicable. To qualify for the waiver, public frontage improvements must be made along the entire street fronting the parcel. Public frontage improvements may continue into a courtyard or plaza. b. For Corridor Types that contain a planting strip (Urban, Commercial, Freeway Frontage and Workplace), minimum plantings shall consist of: (1) Trees at the spacing listed per Corridor Type. (2) 1 shrub per 4 linear feet of frontage, excluding curb cuts, or a planted berm at least 24 inches high. (3) Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the landscape area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. 2. Paved / Sidewalk Extension. a. Provide paved pedestrian areas along the back of sidewalk, such as plazas or courtyards that enhance/enlarge the public frontage. b. Only permitted on parcels where the public frontage improvements meet the Corridor Standards in this code. c. Must meet applicable pedestrian space design requirements (see TMC 18.28.250.E.). 3. Streetscape. a. Cover front yards with landscaped, pervious surfaces that visually soften and enhance the built environment. b. Provide pathways connecting the public sidewalk to the front door through parking areas. c. 1 tree per 500 square feet of landscaped setback area or 1 tree per 20 to 30 linear feet of frontage (depending on tree species and location of underground or at -ground utilities and excluding curb cuts), whichever results in more trees. d. Where there are existing street trees, the additional trees required by this section shall be planted behind the sidewalk in an informal pattern and consist of a mix of deciduous and evergreens. e. Minimum 1 shrub per 4 linear feet of frontage, excluding curb cuts, or a planted berm at least 24 inches high Office of the City Clerk I City of Tukwila Page 105 of 356 Return to Title f. Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the landscape area not needed for trees and shrubs. Groundcover shall be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. 4. When there is an existing sidewalk that does not meet the Corridor standard for public frontage and the sidewalk remains in place, the required front yard landscaping width shall be measured from the back of sidewalk or edge of right-of- way, whichever is further from the road centerline. B. Side and Rear Yard Landscape Types (see Figure 18-46). Figure 18-46: Illustrating the various side and rear yard treatment standards and options 1. Heavy landscape screening Property Line 3a. Shared pathway Property Line 3c. Privacy fence 2. Moderate landscape screening _Property Line 3b. Shared internal roadway Li; . '-Property Line 3d. Other option - low hedge or fence Property Line 1. Groundcover. 'Property Line a. This is appropriate where the adjacent uses are compatible and no screening is necessary. b. Cover side and rear yards with landscaped, pervious surfaces. Landscaping treatment at a minimum shall consist of sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the landscape area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 - inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. Office of the City Clerk I City of Tukwila Page 106 of 356 Return to Title 2. Shared pathway along or adjacent to the property line with landscaping. This is a desirable configuration that can enhance pedestrian circulation and provides an efficient use of space. This treatment requires a recorded agreement with applicable adjacent property owner(s). 3. Shared internal drive along or adjacent to the property line. This is a desirable configuration for non-residential uses that can enhance circulation and provides an efficient use of space. 4. Moderate Screening. a. Provide light visual separation along property lines between somewhat incompatible development. b. Landscaping designed to screen parking/service areas and blank side and rear building fagades. c. Landscaping that maintains views to building entrances and signage. d. 1 tree per 20 linear feet of property line (excluding curb cuts) spaced regularly (except where there are conflicts with utilities) and consisting of a mix of deciduous and evergreen trees along the applicable property line. e. 1 shrub per 4 linear feet of property line, excluding curb cuts. f. Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the yard area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. 5. Heavy Screening. a. Provide heavy visual separation along property lines between highly incompatible development, such as warehousing and residential uses. b. Landscaping designed to screen parking/service areas and blank side and rear building fagades. c. 1 tree per 20 linear feet of property line (excluding curb cuts) spaced regularly (except where there are conflicts with utilities) and consisting of at least 50% conifers along the applicable property line (75% along property line adjacent to residential uses). d. Privacy screening utilizing evergreen shrubs, screening walls or fences (up to 7 feet tall) is allowed. e. Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the yard area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around each tree. [Ord. 2741 §4 (part), 2024] 18.28.240 General Landscaping A. The provisions herein are applicable to setbacks, public frontage areas, open space, and other areas on -premises. These regulations address plant materials and design, visibility, irrigation, landscape plans, utility and service areas. B. General Landscaping Requirements. 1. Plant Materials. a. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls. b. All plant material shall meet the most recent American Standards for Nursery Plant Stock (ANSI Z60.1). c. Evergreen trees shall be a minimum of 6 feet in height at time of planting. d. Deciduous trees shall be a minimum 2.5 inch caliper six inches off the ground when installed. e. Shrubs shall be at least 18 inches in height at time of planting. Office of the City Clerk I City of Tukwila Page 107 of 356 Return to Title f. Existing vegetation may be used to meet the perimeter landscaping requirements. All significant trees located within any required perimeter landscape area that are not dead, dying, or diseased and that do not pose a safety hazard as determined by the City or a qualified arborist shall be retained and protected during construction with temporary fencing or other enclosure, as appropriate to the site. The area designated for protection will vary based on the tree's diameter, species, age, and the characteristics of the planted area. Property owners may be required to furnish a report by an International Society of Arborist (ISA) certified arborist to document a tree's condition. The Director may require that an ISA certified arborist be retained to supervise tree protection during construction. Grade changes around existing trees are to be avoided whenever possible. g. New plant materials shall include native species or non-native species that are drought tolerant and have adapted to the climatic conditions of the Puget Sound Region. There must be a diversity of tree and shrub genus and species in the site landscaping, taking into account species in existing development around the site. h. No species that are listed on the State or King County noxious weed lists may be planted. i. Plant materials shall be selected that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, tolerance to urban conditions, maintenance needs and growth characteristics. Large and medium canopy tree species are required, except where there is insufficient planting area (due to proximity to a building, street light, above ground or underground utility line, etc.). 2. Visibility. a. Design of new landscaping and maintenance of existing landscaping shall consider Crime Prevention Through Environmental Design (CPTED) principals and visibility for safety and views. Appropriate plant species shall be specified to avoid the need for excessive maintenance pruning. Trees along the street frontages, as they mature, shall be limbed up to a minimum height of 6 feet (8 feet where they extend over sidewalks) to allow adequate visibility and clearance for vehicles. Trees may be pruned to improve views of signage and entryways by using such techniques as windowing, thinning, and limbing-up. However, no more than 1/4 of the canopy may be removed within any 2 -year period, and the crown should be maintained to at least 2/3 the height of the tree. All pruning shall be done in accordance with ANSI Standard A-300 specifications. Trees may not be topped for any reason. Trees may only be pruned to lower their height to prevent interference with an overhead utility or electrical line.. b. Landscaping shall not obstruct views from or into the driveway, sidewalk or street. Landscape design shall allow for surveillance from streets and buildings and avoid creating areas that might harbor criminal activity. C. Landscaping at crosswalks and other locations where vehicles and pedestrians intersect must not block pedestrians' and drivers' views. d. Evergreen shrubs and trees shall be used for screening along rear property lines, around solid waste/recycling areas and mechanical equipment, and to obscure grillwork and fencing associated with subsurface parking garages. 3. Soil Preparation and Planting. a. For trees and plants planted in sidewalks and parking lots, or in limited areas of soil volume, structural soils (Cornell University "CU" product or similar) must be used to a preferred depth of 36 inches, to promote root growth and provide structural support to the paved area. Minimum soil volumes for tree roots shall be 750 square feet per tree (see specifications and sample plans for CU -Structural Soils). Trees and other landscape materials shall be planted per specifications in "CU Structural Soils — A Comprehensive Guide" or using current BMPs subject to administrative review and approval of the technical information report (TIR.) Suspended pavement systems (Silva Cells or similar) may also be used if approved. b. For soil preparation in bioretention areas, existing soils must be protected from compaction. Bioretention soil media must be prepared in accordance with standard specifications of the Surface Water Design Manual, adopted in accordance with TMC 14.30, to promote a proper functioning bioretention system. These specifications shall be adhered to regardless of whether a stormwater permit is required from the City. Office of the City Clerk I City of Tukwila Page 108 of 356 Return to Title c. For all other plantings, soils must be prepared for planting in accordance with specifications to restore soil moisture -holding capacity in accordance with TMC 16.54, Grading, regardless of whether a stormwater permit is required by the City. d. The applicant will be required to schedule an inspection by the City of the planting areas prior to planting to ensure soils are properly prepared. e. Installation of landscape plants must comply with best management practices including: (1) Planting holes that are the same depth as the size of the root ball and 2 times wider than the size of the root ball. (2) Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. At least the top 2/3 of burlap and all straps or wire baskets are to be removed from B&B plants prior to planting. (3) The top of the root flare, where the roots and the trunk begin, should be about one inch from the surrounding soil. The root ball shall not extend above the soil surface. (4) If using mulch around trees and shrubs, maintain at least a 3 -inch mulch -free ring around the base of the plant trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. 4. Irrigation. a. The intent of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable due to lack of watering. b. All required plantings must be served by a permanent automatic irrigation system. (1) Irrigation shall be designed to conserve water by using the best practical management techniques available. These techniques may include, but not be limited to: drip irrigation to minimize evaporation loss, moisture sensors to prevent irrigation during rainy periods, automatic controllers to insure proper duration of watering, sprinkler head selection and spacing designed to minimize overspray, and separate zones for turf and shrubs and for full sun exposure and shady areas to meet watering needs of different sections of the landscape. (2) Exceptions to the irrigation requirement may be approved by the Director, such as xeriscaping (i.e., low water usage plantings), plantings approved for low impact development techniques, established indigenous plant material, or landscapes where natural appearance is acceptable or desirable to the City. However, those exceptions will require temporary irrigation until established. 5. Landscape Plan Requirements. 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; typical planting details; and the location of irrigation systems. Underground and at -ground utilities shall be shown on the plans so that planting conflicts are avoided. 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 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. 6. Parking Lots. a. Setback and Perimeter Landscaping: (1) Surface parking lots shall set back a minimum of five feet from any open space, building fagade, or Corridor back of sidewalk. The setback shall be designed and planted with: Office of the City Clerk I City of Tukwila Page 109 of 356 Return to Title (a) 1 evergreen shrub per 4 linear feet of property line, excluding curb cuts. (b) Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the yard area not needed for trees and shrubs. Groundcover must be planted with a minimum spacing of 12 inches on center for 4 -inch pots and 18 inches on center for 1 -gallon pots. If turf grass is being used as the groundcover, a 3 -foot diameter ring of bark mulch is required around any tree. (2) Surface parking lots shall be buffered from adjacent residential development with heavy screening in the side and rear setback areas. b. Interior Parking Lot Landscaping: (1) For surface parking lots adjacent to public or private streets, a minimum of 20 square feet of interior parking lot landscaping is required for each parking stall. In the Workplace District, a minimum of 15 square feet per stall is required for warehouse and light industrial uses. (2) For surface parking lots located behind buildings or otherwise screened from public or private streets or public spaces, a minimum of 10 square feet of interior parking lot landscaping is required for each parking stall. (3) Flexibility is allowed for the layout of parking lots and landscaped areas, but the goal is to provide shade from trees that are evenly distributed throughout the parking lot. Planting trees in continuous, landscaped planting strips between rows of parking is encouraged. This approach may also be combined with surface water management design. For parking lots adjacent to public or private streets, if landscape islands are designed into the parking lot layout to divide continuous rows of parking stalls, they must be placed at minimum spacing of every 10 parking spaces. For parking areas located behind buildings or otherwise screened from public or private streets or public spaces, if landscape islands are used, they shall be placed at a minimum of one island every 15 parking stalls. (4) Landscape islands must be a minimum of 6 feet wide and a minimum of 100 square feet in area. All landscaped areas must be protected from damage by vehicles (curbs, tire stops, other techniques). (5) Landscape islands shall be placed at the ends of each row of parking to protect parked vehicles from turning movements of other vehicles. (6) A minimum of one large -canopy evergreen or deciduous tree or two medium -canopy trees are required for every 100 square feet of landscaped island, with the remaining area to contain a combination of shrubs, living groundcover, and mulch (see Figure 18-47). Figure 18-47: A single tree planted with no other materials and little room for viability is not acceptable. 7. Utility and Service Areas. Utility easements and other similar areas between property lines and curbing shall be landscaped and/or treated with dust and erosion control planting or surfacing. Trees proposed under overhead transmission lines shall be approved by the City on a case-by-case basis. 8. Street Trees in the Public Frontage. Office of the City Clerk I City of Tukwila Page 110 of 356 Return to Title a. Street tree spacing in the public frontage shall be as specified in the applicable Corridor Standards. For smaller stature trees (those with canopies at maturity of less than 20 feet), spacing should be every 20 feet. For larger canopy trees, spacing should be wider as appropriate to the mature spread of the tree. Spacing will also need to consider sight vision distance at intersections, driveway locations, and utility conflicts. side b. Street trees in the public frontage shall be planted to at least the following spacing standards: (1) At least 3.5 feet back from the face of the curb and with an approved root barrier installed on the curb (2) At least 5 feet from underground utility lines. (3) At least 10 feet from power poles. (4) At least 7.5 feet from driveways. (5) At least 3 feet from pad -mounted transformers (except 10 feet in front for access). (6) At least 4 feet from fire hydrants and connections. c. When used, tree grates and landscaped tree wells shall be a minimum 36 square feet in size (6'x 6'). Tree grates are not encouraged, but when used grates must have easily removable rings so that sections of grate can be removed incrementally as the tree matures. Tree well size may be adjusted to comply with ADA standards on narrower sidewalks. Root barriers must be installed at curb face. See TMC 18.28.240.B.3, "Soil Preparation and Planting," for structural soil requirements. d. Planting and lighting plans shall be coordinated so that trees are not planted in locations where they would obstruct existing or planned street or site lighting, while maintaining appropriate spacing and allowing for their size and spread at maturity. 9. Maintenance and Pruning. a. Any landscaping required by this chapter shall be retained and maintained by the property owner for the life of the project in conformance with the intent of the approved landscape plan and this chapter. Maintenance shall include keeping all planting areas free of weeds and trash and replacing any unhealthy or dead plant materials. b. Pruning of trees is only allowed for the health of the tree, to maintain sight distances or sight lines into commercial areas, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications. No tree planted by a property owner or the City to fulfill landscape requirements, or any existing tree, may be topped or removed without prior approval from the City. If a tree is topped or removed without approval, it shall be replaced with a new tree that meets the intent of this chapter within 120 days or the property owner will be subject to code enforcement and penalties as prescribed in TMC 8.45 and the issuance of a Notice of Violation in accordance with TMC 8.45.070. Options at the Director's discretion are to require replacement of the tree with a new tree of similar species that will achieve a similar canopy size at maturity, replace the tree with multiple smaller diameter trees of an appropriate species (only if there are limitations on space or conflicts with utility infrastructure), and/or require an in -lieu fee for off-site tree replacement. C. General Landscaping Considerations. `aFTi 171151 M-11 a. Drought resistant species are encouraged in order to minimize irrigation requirements, except where site conditions within the required landscape areas ensure adequate moisture for growth. b. The mature size of selected tree species should be suitable to lot size, the scale of adjacent structures, and the proximity to utility lines. c. In general, deciduous trees with open branching structures are recommended to ensure visibility to retail establishments. More substantial shade trees are recommended in front of private residences. Office of the City Clerk I City of Tukwila Page 111 of 356 Return to Title d. All trees should be selected and located so they will not obstruct views to showroom windows and building signage as they mature. e. Evergreen landscaping (Figure 18-48) is appropriate for screening utility vaults, loading docks and some storage areas. (Also see TMC 18.52.050 for screening outdoor storage areas.) Figure 18-48: Using evergreen landscaping to screen utilities f. Species selection is very important in grouped plantings (Figure 18-49). Drought tolerant species are strongly recommended and monoculture plantings are discouraged. Low maintenance cost and low replacement costs are two advantages of planting drought tolerant species in grouped configurations. Low (24-30 inches) shrubs, perennial or groundcover plantings that provide a superior degree of separation between the sidewalk and street at reduced maintenance costs may be used. 2. Design. a. Shade trees should be planted to shade buildings' east and west -facing windows to provide a balance between summer cooling and winter heating through solar gain. b. All landscaped areas should be designed to allow aquifer filtration and minimize stormwater run-off utilizing bio-swales, filtration strips, and bio -retention ponds where appropriate. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 112 of 356 Return to Title 18.28.250 Open Space Regulations A. Purpose. This section contains regulations and guidelines for the provision, design, and configuration of new open spaces that may be publicly accessible. Open space regulations are set forth to ensure that the provision, design, and configuration of new open spaces contribute to the character of and support the type of development desired within each District. Open space for residential uses is also intended to promote the health of residents by providing on-site open space for recreational activities, physical exercise, and/or food production. Open spaces may consist of pedestrian spaces for commercial uses, and common and private open space for residential uses. B. All new open spaces, whether or not they are required by open space regulations, shall be designed and configured according to the following regulations. C. The following requirements for the provision and design of pedestrian, common and private open spaces are organized by Use Type. These regulations are established to ensure a wide range of public spaces that complement the primary public streets and open spaces in each District as the Southcenter area intensifies. D. General Open Space Regulations. 1. Open space requirements for commercial and residential uses are as specified in Table 18-4, "Provision of Open Space." 2. Compliance with the open space square footage ratio listed in Table 18-4 is required for new construction, the area of expansion of existing buildings and changes in use from one category in Table 18-4 to another. 3. Open space for new or expanded commercial and residential uses shall be built within the development by developers at the time development occurs. 4. Options for provision of open space. a. The square footage of all streets built per TMC 18.28.140, "New Streets," may be counted toward meeting the provision of open space requirements for pedestrian space. They may not be used to satisfy common and/or private open space requirements for residential uses. b. The Director shall give credit for existing on-site open space amenities that meet the requirements of this section toward the open space square footage triggered by the new construction or change of use. c. At the discretion of the Director, required pedestrian space for commercial uses or residential common open space may be constructed off -premises and/or as part of a larger open space being provided by the City or other private developments within that District or within 1,000 feet of the project premises. d. If strict compliance with these regulations would create substantial practical difficulties for a site and none of the above approaches would provide relief, the property owner may apply for a Special Permission Modification and propose an alternate solution that meets the intent of the regulations. (1) Special Permission Modification shall be a Type 2 decision. An applicant shall submit evidence of the above (subparagraph 18.28.250.D.4.d) to the Director, which could take the form of a brief report and site plan that addresses the difficulties of meeting the regulations, the proposed alternative solution, and how the proposed solution meets the intent of the applicable open space regulations. (2) Applicants may request that up to 75 percent of their required pedestrian open space be provided indoors E. Pedestrian Space for Commercial Uses. 1. Pedestrian spaces for commercial uses are publicly accessible, outdoor, landscaped spaces used primarily for active or passive community recreation and civic purposes. These may include a linear green, square, plaza, courtyard, or pedestrian passage. Play areas for children may be provided indoors or outdoors. These spaces shall be privately owned and maintained, including keeping the space free of trash and graffiti. Amenities provided within the space, such as benches, planters, art and water features, shall be maintained for the life of the project. 2. Pedestrian Space Design Requirements. Office of the City Clerk I City of Tukwila Page 113 of 356 Return to Title Ground level pedestrian spaces shall be connected to public sidewalks and abut public rights-of-way on at least one side. b. Ground level pedestrian spaces shall be located where they are visible and easily accessible to the public from adjacent sidewalks and avoid masses of shrubs around edges. The space shall not be more than 2 feet above or below the adjacent sidewalk. c. Pedestrian spaces shall be comprised of a greater proportion of hardscape (paved areas, fountains, plants in pots), than softscape (grass or other landscape material). See Figure 18-50. Figure 18-50: Examples of pedestrian spaces d. Pedestrian spaces shall be publicly accessible during the hours of operation of the use. Pedestrian spaces, except for passages, shall be a minimum of 500 square feet or the required amount of open space (whichever is less) in size, contain seating areas, and open on to pedestrian generators such as entrances to offices, stores, or restaurants. e. Pedestrian spaces shall be located to take advantage of sunlight to the greatest extent possible. South - facing plazas are generally preferred, unless particular lot configurations prevent such orientation. f. At least 3 feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space shall be provided. This provision may be relaxed or waived where there are provisions for movable seating that meet the purpose of the standard. See Section 4 of the Southcenter Design Manual for guidelines on designing walls for seating. g. Site design features that create entrapment areas in locations with pedestrian activity shall be avoided. h. Development shall incorporate Crime Prevention Through Environmental Design (CPTED) principles into open space site design. i. Pedestrian spaces shall not be located adjacent to dumpster enclosures, loading/service areas, or other incompatible uses unless fully screened with an architecturally consistent wall or solid fence (no chain link) and landscaping. Pedestrian passage design requirements: (1) A passage shall serve as a pedestrian connector passing between buildings to provide shortcuts through long blocks and access to rear parking areas or courtyards. (See Figure 18-51.) Office of the City Clerk I City of Tukwila Page 114 of 356 Return to Title Figure18-51: Examples of pedestrian passages (2) Passages shall be paved and landscaped, and specifically reserved for pedestrian travel. (3) Passages shall be a minimum of 10 feet and a maximum of 30 feet wide. (4) The design of the passage shall encourage pedestrian circulation. This can be accomplished by: (a) Having the walkway meet the public sidewalk in an engaging and identifiable manner. (b) Providing pedestrian amenities such as alternative paving methods, seating, and planters. (c) Designing the passage using CPTED principles. (5) Incorporate design treatments to mitigate impacts of any blank walls along the passageways (see Section 15 of the Southcenter Design Manual). (6) For properties adjacent to fixed rail transit or bus facilities, a passage may include transit station or bus stop access. (7) For properties adjacent to the Green River, a passage may include a pedestrian connection between the Green River Trail and a publicly accessible street/sidewalk. The passage should be established in an easement allowing for public access through private property. F. Common Open Space for Residential Uses. 1. Purpose: a. To provide accessible, safe, convenient, and usable common open space for residential uses; b. To promote the health of residents by providing access to common open space for recreational activities, physical exercise, and/or food production; and c. To create common open spaces that enhance the residential setting. 2. Common open spaces are privately owned and maintained interior common spaces, such as pools or exercise rooms, and/or outdoor landscaped spaces, such as rooftop decks, ground level open spaces, children's play areas, or other multipurpose green spaces associated with multi -family developments that provide for the recreational needs of the residents of the development and are not publicly accessible. Office of the City Clerk I City of Tukwila Page 115 of 356 Return to Title 3. Common open space design requirements (see Figure 18-52, and Section 5 of the Southcenter Design Manual, for additional guidance). Figure 18-52: Common open space examples a. Required building setback areas shall not be counted towards common open space. b. No more than 50 percent of the required common space may be indoor or covered space. c. Common open spaces shall be easily visible and readily accessible to multi -family residents. d. The common open spaces for a site shall provide at least one of the following amenities for every 200 square feet of common open space up to a maximum requirement of three amenities to accommodate a variety of ages and activities: (1) Site furnishings (tables, benches) (2) Picnic and/or barbecue areas (3) Patios, plazas, courtyards, or rooftop terraces (4) Active play areas for children (5) Urban (private/individual) garden plots (6) Pool and/or hot tub (7) Multi-purpose room with cooking facilities (8) Exercise facility e. Common open spaces shall not be less than 20 feet wide. f. Courtyards shall be a minimum of 30 feet along the east -west axis and 20 feet along the north -south axis. g. Adequate fencing, plant screening or other buffer shall separate the common open space area from parking areas, driveways, utility areas, mechanical equipment or public streets. Rooftop utilities shall be adequately screened and separated from rooftop common open spaces. Office of the City Clerk I City of Tukwila Page 116 of 356 Return to Title h. Common open spaces shall be located to take advantage of sunlight to the greatest extent possible. i. Site design features that create entrapment areas in locations with pedestrian activity shall be avoided. j. Development shall incorporate Crime Prevention Through Environmental Design (CPTED) principles into open space site design. k. Common open spaces shall not be located adjacent to dumpster enclosures, loading/service areas, or other incompatible uses, unless fully screened with an architecturally consistent wall or solid fence (no chain link) and landscaping. I. Interior located common space must be: (1) Located in visible areas, such as near an entrance lobby and near high traffic corridors. (2) Designed to provide visibility from interior pedestrian corridors and to the outside. Windows should generally occupy at least one-half of the perimeter of the space to make the space inviting and encourage use. (3) Designed to specifically serve interior recreational functions and not merely leftover space used to meet the common space requirement. m. Common open spaces shall be maintained by the property owner, including keeping the space free of trash and graffiti. Amenities provided within the space, such as benches, planters, art and water features, shall be maintained for the life of the project. G. Private Open Space for Residential Uses. 1. Private open spaces are privately owned and maintained and include outdoor balconies, decks, patios, yards, courtyards, rooftop decks or gardens (Figure 18-53), or landscaped areas used for recreation by inhabitants of a single dwelling unit. Figure 18-53: Rooftop Garden 2. Private open space design requirements. a. Required setback areas shall not be counted towards private open space provision requirements, unless configured as a private yard and accessed by secondary unit entrance(s). 18.28.230.13). b. Private open spaces shall have primary access from the dwelling unit served. c. Private yard landscaping shall be consistent with "Side and Rear Yard Landscape Types" (TMC d. Access to a balcony or patio shall be limited to the dwelling served. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 117 of 356 Return to Title 18.28.260 General Parking Requirements A. This section contains regulations and guidelines for the provision, locations, and design of parking. Parking regulations are set forth to ensure that the provision of parking, and the design and configuration of parking areas, contribute to the character of and support the type of development desired within each District in the urban center. B. Number of Parking Spaces. 1. The minimum parking provision for vehicles required by all new development and changes in use shall be as specified in Table 18-5, "Provision of Parking." In the case of a use not specifically mentioned in this table, the requirements for the number of off-street parking spaces shall be determined by the Director as a Type 2 Special Permission Decision. Such determination shall be based on the requirements for the most comparable use specified in this section or a parking study. 2. Any off-street parking area already in use or established hereafter shall not be reduced below the ratios required in Table 18-5. Any change of use must meet the parking requirements of the new use. 3. A maximum of 30% of the total off-street parking stalls may be designed and designated for compact cars. 4. Electric vehicle charging stations and parking spaces shall be governed by TMC 18.56.135. 5. Parking Reductions. a. New on -street parking spaces provided along adjacent new streets may be counted toward the minimum parking requirement for commercial development on that property. b. Parking requirements for commercial development within 600 feet of the Sounder transit station or the Tukwila bus Transit Center, or residential development within 1,320 feet of either station may be reduced or modified by the Director as a Type 2 Special Permission Decision. This distance will be the walking distance measured from the lot line of the development to the lot line of the station. c. A reduction in minimum parking requirements may be requested per TMC 18.56.140, "Administrative Variance from Parking Standards." d. Shared Parking: When two or more property owners agree to enter into a shared parking agreement, the setbacks and landscaping requirements on their common property line(s) may be waived with that land used for parking, driveway and/or building. The total number of spaces may be reduced if it is demonstrated through a parking study that complementary uses, internal trip capture or uses with different peak parking needs justify the reduction in number. e. All or part of a development's parking requirement may be satisfied through payment of in -lieu fees based on the current real cost of constructing a parking space in an exposed above -ground parking structure, when approved by the Director. C. Vehicular Access. 1. Curb Cuts and Driveways. a. When access to parking facilities and loading areas is provided from front or side streets, the maximum number of curb cuts associated with a single development shall be one two-lane curb cut or two one -lane curb cuts for each 500 linear feet of street frontage. Shared driveways and new public or private streets do not count against this total. b. The maximum width of driveways/curb cuts is 15 feet for a one -lane and 30 feet for a two-lane driveway. In the Workplace District, the maximum width of driveways/curb cuts is 35 feet. c. On Walkable and Neighborhood Corridors, the curb cut design for driveways or private streets shall match the height of the sidewalk to ensure that the sidewalk stays at a consistent grade for pedestrians, with the apron dipping down to meet the street level starting at the planting strip or tree wells (see Figure 18-54). Office of the City Clerk I City of Tukwila Page 118 of 356 Return to Title Figure 18-54: Example of driveway level with the height of the sidewalk Driveway With Planting Strips � a 0 1.5m Desirable Minimum 167 Planting strips allow the sidewalk to remain level and in a continuous direction. d. The total width of parking access openings on the ground level of structured parking may not exceed 30 feet when fronting on a public or private street. e. Driveways shall be set back a minimum of five feet from adjoining properties (unless the driveway is shared with adjacent premises), and a minimum of three feet from adjacent buildings. f. If two adjoining properties combine their side yards for the purposes of having a shared driveway, side yard landscaping requirements along that property line will be waived. g. Driveways may not be signalized. In order to be considered for installation of a traffic signal, a new public or private street must be constructed per the standards in TMC 18.28.140. h. These standards maybe varied by the Director when there is a demonstrated conflict with truck maneuvering or fire access that cannot be addressed otherwise. D. Parking Lots. 1. Dimensions. Minimum parking area dimensions for surface parking shall be as provided in TMC 18.56, Figure 18-6, "Off-street Parking Area Dimensions." 2. Maneuverability. a. Adequate ingress to and egress from each parking space shall be provided without moving another vehicle and without backing more than 50 feet. b. Tandem parking spaces (where one car is parked directly behind another) are allowed for residential units with two or more bedrooms and both spaces must be assigned for the exclusive use of that unit. All tandem parking spaces must be designed for full size rather than compact size vehicles based on the dimensions in TMC 18.56, Figure 18-6. c. Turning and maneuvering space shall be located entirely on private property (Figure 18-55) unless specifically approved by the Public Works Director. Office of the City Clerk I City of Tukwila Page 119 of 356 Return to Title Figure 18-55. Not enough rc option of traffic movements d. The slope of off-street parking spaces shall not exceed 5%. The slope of entrance and exit driveways providing access for off-street parking areas and internal driveway aisles without parking stalls shall not exceed 15%. 3. Surface. a. The surface of any required off-street parking or loading facility shall be paved with asphalt, concrete or other similar approved material(s) and shall be graded and drained as to dispose of all surface water, but not across sidewalks. b. All traffic -control devices, such as parking stripes designating car stalls, directional arrows or signs, curbs and other developments shall be installed and completed as shown on the approved plans. c. Paved parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. d. Wheel stops shall be required on the periphery of parking lots so cars will not protrude into the public right- of-way, walkways, off the parking lot or strike buildings. Wheel stops shall be two feet from the end of the stall of head -in parking. 4. Setbacks, Perimeter, and Interior Landscaping. a. Surface parking lots shall setback a minimum of five feet from any back of sidewalk, open space, or building facade. The setback shall be designed and planted as specified in TMC 18.28.240.B.6.a. b. See TMC 18.28.240.B.6.b for interior parking lot landscaping requirements. 5. Parking Lot Walkways. a. A hard -surfaced walkway a minimum of 6 feet in unobstructed width shall be provided for safe walking areas through surface parking lots between main building entrances and sidewalks adjacent to streets. Front surface parking lots shall provide such routes at a maximum spacing of every 300 feet or to each major building entrance, whichever is closer. b. Walkways through parking areas (see Figure 18-56) shall be separated from vehicular parking and travel lanes by use of contrasting paving material, curbing, or landscaping and may be raised above the vehicular pavement. Trees and pedestrian -scaled lighting (maximum 15 feet in height) shall be used to clearly define pedestrian walkways or other pedestrian areas within the parking area. Office of the City Clerk I City of Tukwila Page 120 of 356 Return to Title Figure 18-56: Parking lot walkway standards and example c. Pedestrian crossings are required when a walkway crosses a paved area accessible to vehicles. Applicants must continue the sidewalk pattern and material across internal driveways. 6. Lighting and Safety. Parking and loading areas shall include lighting capable of providing adequate illumination for security and safety, provide clear views both to and within the site, and be in scale with the height and use of the associated structure. See also TMC 18.28.280.6, "Lighting." E. Drive -Through Facilities. 1. Stacking lanes shall be located to the rear or least visible portion of a building. 2. Stacking lanes shall be designed to accommodate expected queuing. F. Parking Structures. 1. Parking structures shall be located and designed to minimize their impact on public streets and public spaces. Consider using residential dwelling units, retail storefronts or office space to line the ground level facades of parking structures adjacent to a pedestrian -oriented street or open space. 2. Parking structures shall be buffered from adjacent residential development with heavy screening (see TMC 18.28.230.6.5, "Heavy Screening"). 3. See the Southcenter Design Manual (Section 16, "Parking Structures") and the City of Tukwila's "Parking Structure Design Guidelines" (2001) for additional requirements and guidelines regulating parking structures, parking podiums, and garages. [Ord. 2741 §4 (part), 2024] 18.28.270 General Parking Guidelines A. Parking Lot Landscaping. Note: See TMC 18.28.240.8.6 for standards for perimeter and interior parking lot landscaping. 1. Trees in parking areas, when mature, should be large and have a high -branching, broad -headed form to create maximum shade. traffic. 2. Landscaping in parking lot interiors and at entries should not obstruct a driver's clear sight lines to oncoming 3. Rooftop Parking Landscape Alternatives. Office of the City Clerk I City of Tukwila Page 121 of 356 Return to Title a. Landscape Planters. (1) For a parking area on the top level of a parking structure, one planter that is 30 inches deep and 5 feet square should be provided for every 10 parking stalls on the top level of the structure. (2) Each planter should contain a small tree or large shrub suited to the size of the container and the specific site conditions, including desiccating winds. effect. (3) The planter should be clustered with other planters near driving ramps or stairways to maximize visual (4) Only non-flammable mulch such as gravel should be used. b. Rooftop Garden or Green Roof. An on-site rooftop area, equal in size to a minimum of 5 square feet of landscaping per each top level parking stall, may be covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane. c. Terraced Planters. Upper levels of parking structures can be stepped back and incorporate irrigated terraced planters, equal in size to a minimum of 5 square feet of landscaping per each top level parking stall. d. Green Wall. The fagade of the parking structure may be trellised and planted with vines or have an irrigated green wall system installed to provide a minimum of 5 square feet of landscaping per each top level parking stall. B. Loading Zones. Loading zones should be separated from customer and occupant pedestrian areas. C. Bicycle Parking. 1. General Standards. Racks should be oriented to maximize their efficiency and aligned to keep obstructions away from pedestrian thoroughfares. b. Clustered arrangements of racks should beset back from walls or street furniture to allow bikes to be parked at both ends or from either side. c. Where more than one rack is installed, the minimum separation between aisles should be 48 inches (the aisle is measured from tip to tip of bike tires across the space between racks). This provides enough space for one person to walk one bike. In high traffic areas where many users park or retrieve bikes at the same time, the recommended minimum aisle width is 72 inches. Multiple buildings should be served by many small racks in convenient locations rather than a combined, distant rack area. 2. Short Term Parking. a. Bicycle racks should be easy to find and located no more than 50 feet from the entrance of destinations. If bicycle parking is not easily visible from the street, a sign must be posted indicating its location. b. Racks should be located within sight of gathering places or in busy pedestrian areas that provide constant, informal surveillance of bikes and accessories. c. Building overhangs, canopies or other features should be used to provide weather protection. 3. Parking at the Workplace. a. Secure bicycle storage areas should be used to park bikes for a full working day. b. Bike storage areas should be located in high visibility areas close to elevators, stairs and entrances. Office of the City Clerk I City of Tukwila Page 122 of 356 Return to Title C. Bicycle parking should always be protected from the elements either indoors, covered by building elements, or in a separate shelter. d. Bicycle storage areas should be located as close or closer to elevators or entrances than the closest car parking space, and no more than 200 feet from access points. [Ord. 2741 §4 (part), 2024] 18.28.280 Site Requirements A. Pedestrian Circulation. Note: For walkways through parking lots, see TMC 18.28.260.D.5. 1. Redevelopment of a superblock site shall strive to create a pedestrian -friendly environment within the internal layout (see Figure 18-57). In addition to providing any required new streets, this can be accomplished by defining a network of pedestrian walkways that serve as a "grid", connecting these walkways to uses with the site and to the larger street network, and creating smaller parking areas in place of one large parking lot. Figure 18-57: Example of good internal pedestrian circulation. Note connections from the street, between buildings and through parking lots. Pedestrian access routes 2. Pedestrian access points shall be provided along property edges at pedestrian arrival points and coordinated with crosswalks, transit stops, trails and paths, and existing and planned adjacent development. 3. Pedestrian paths must be provided across landscape areas, where needed, to allow convenient pedestrian circulation and prevent plants from being trampled and their roots compacted. 4. Walkways shall be provided along any building featuring a customer or residential entrance, and along any fagade abutting a parking area (see Figure 18-58). Office of the City Clerk I City of Tukwila Page 123 of 356 Return to Title Figure 18-58: Internal walkway standards and an example along retail or mixed-use buildings Street trees every 30' 5. In the Regional Center, TOD, and Pond Districts, where a walkway crosses a driveway or a paved area accessible to vehicles, the crosswalk shall be distinguished by the use of durable low maintenance surface materials, such as pavers, bricks, or scored concrete, to enhance pedestrian safety and comfort, as well as the attractiveness of development. Pedestrian refuge islands and "speed tables" may also be used to minimize curb cuts and ramps (speed tables maintain the level of the adjacent sidewalk at identified pedestrian crossings, reversing the situation where a pedestrian must enter the zone of moving vehicles to cross the street). These pedestrian features shall be designed to accommodate fire lanes and emergency vehicle access routes. 6. The pedestrian marking style used shall be consistent throughout the development. B. Lighting (also see Section 3 of the Southcenter Design Manual). 1. Safety. a. Pedestrian -oriented areas, including building entrances, walkways and paths, plazas, parking lots, and parking structures shall be illuminated to increase safety and provide clear views both to and within the site. b. Pedestrian walkways where stairs, curbs, ramps, and crosswalks occur shall be lit for nighttime safety. 2. Glare Prevention. a. Where appropriate, exterior lighting practices must follow the recommendations of the Illuminating Engineering Society of North America (IES). b. New lighting fixtures shall be "dark sky" compliant, i.e. emitted light should be directed downward from the horizontal plane of the light source to preserve a dark sky and prevent unnecessary light pollution. Exceptions may be made for uplit trees and plants and exterior architectural lighting operated on timers to shut off after midnight nightly. c. Where feasible, new fixtures shall use a reflector and/or a refractor system for efficient distribution of light and reduction of glare. d. House -side shields and internal reflector caps shall be used to block light from illuminating residential windows. 3. Height. a. The maximum mounting height for building -mounted lights is 20 feet above finished grade in Workplace and Corridor Commercial Districts and 14 feet above finished grade in all other Districts. b. The maximum height for pole -mounted lighting at parking lots is 20 feet from grade to light source; lower heights should be used wherever possible. Office of the City Clerk I City of Tukwila Page 124 of 356 Return to Title c. The maximum height for pole -mounted lighting at pedestrian plazas, walkways, and entry areas is 12 to 14 feet in height from grade to light source. C. Walls and Fences (also see Section 4 of the Southcenter Design Manual). 1. All fences shall be placed on the interior side of any required perimeter landscaping. 2. Overall height of fences and walls located in the front yard shall not exceed 3 feet. 3. Barbed-wire, razor -wire, and corrugated metal fencing shall not be permitted. Chain link fencing is permitted only within the Workplace District. 4. Screening walls shall not exceed a height of 7 feet. D. Utility and Service Areas (also see Section 2 of the Southcenter Design Manual). 1. Service areas shall be appropriately screened. Garbage and recycling dumpsters visible from the public realm shall be screened from view using durable materials that complement the building, and incorporate landscaping integrated with other on -premises and adjacent landscaping. The opening to the service area shall be located away from the public sidewalk. 2. Utility and equipment cabinets shall be placed in less visible areas and screened, or located inside of a building. 3. Service equipment, including satellite receiving dishes, transformers, and backflow devices, shall be located away from streets and enclosed or screened from view by landscaping, fencing or other architectural means. 4. Screening of on-site mechanical equipment shall be integrated as part of a project's site and building design and shall incorporate architectural styles, colors and other elements from the roof and facade composition to carefully integrate screening features. Picket fencing, chain-link fencing and exposed sheet metal boxes are not permitted outside of the Workplace District. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 125 of 356 Return to Title CHAPTER 18.30 COMMERCIAL/LIGHT INDUSTRIAL (C/LI) DISTRICT Sections: 18.30.010 Purpose 18.30.020 Land Uses Allowed 18.30.030 On -Site Hazardous Substances 18.30.040 Design Review 18.30.050 Basic Development Standards 18.30.010 Purpose A. This district implements the Commercial/Light Industrial (CLI) Comprehensive Plan designation. It is intended to provide for areas characterized by a mix of commercial, office, or light industrial uses. The standards are intended to promote commercial and industrial areas. [Ord. 2765 §41, 2025; Ord. 2741 §4 (part), 2024] 18.30.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.30.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) [Ord. 2765 §42, 2025; Ord. 2741 §4 (part), 2024] 18.30.040 Design Review A. Design review is required for: New developments within 300 feet of residential districts. 2. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 3. Developments larger than 1,500 square feet outside the shoreline jurisdiction. 4. Certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See TMC 18.60, Design Review) [Ord. 2765 §43, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 126 of 356 Return to Title 18.30.050 Basic Development Standards A. Development within the Commercial Light Industrial District shall conform to the following listed and referenced standards: CILI BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Second front, if any portion of the yard is within 50 feet of CR, HDR 15 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of CR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of CR, HDR 1 st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 45 feet Off-street parking See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 — Required Number of Parking Spaces for Automobiles & Bicycles [Ord. 2765 §44, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 127 of 356 Return to Title CHAPTER 18.32 LIGHT INDUSTRIAL (LI) DISTRICT Sections: 18.32.010 Purpose 18.32.020 Land Uses Allowed 18.32.030 On -Site Hazardous Substances 18.32.040 Design Review 18.32.050 Basic Development Standards 18.32.010 Purpose A. This district implements the Light Industrial (LI) Use Comprehensive Plan designation. It is intended to provide areas characterized by distributive and light manufacturing uses, with supportive commercial and office uses. [Ord. 2765 §45, 2025; Ord. 2741 §4 (part), 2024] 18.32.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.32.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) [Ord. 2765 §46, 2025; Ord. 2741 §4 (part), 2024] 18.32.040 Design Review A. Design review is required for: 1. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 2. New developments within 300 feet of residential districts. (See TMC 18.60, Design Review) [Ord. 2765 §47, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 128 of 356 Return to Title 18.32.050 Basic Development Standards A. Development within the Light Industrial District shall conform to the following listed and referenced standards: LI BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of CR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of CR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and rking lot landscaping requirements. Height, maximum 45 feet Off-street parking See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 — Required Number of Parking Spaces for Automobiles & Bicycles [Ord. 2765 §48, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 129 of 356 Return to Title CHAPTER 18.34 HEAVY INDUSTRIAL (HI) DISTRICT Sections: 18.34.010 Purpose 18.34.020 Land Uses Allowed 18.34.030 On -Site Hazardous Substances 18.34.040 Design Review 18.34.050 Basic Development Standards 18.34.010 Purpose A. This district implements the Heavy Industrial (HI) Comprehensive Plan designation. It is intended to provide areas characterized by heavy or bulk manufacturing uses and distributive and light manufacturing uses, with supportive commercial and office uses. The development standards are the minimum necessary to assure safe, functional, efficient, and environmentally sound development. [urd. 2765 §49, 2025; Ord. 2741 §4 (part), 2024) 18.34.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.34.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) [Ord. 2765 §50, 2025; Ord. 2741 §4 (part), 2024] 18.34.040 Design Review A. Design review is required for: 1. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 2. New developments within 300 feet of residential developments. 3. New developments that are outside the shoreline jurisdiction and over 45 feet in height. (See TMC 18.60, Design Review) [Ord. 2765 §51, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 130 of 356 Return to Title 18.34.050 Basic Development Standards A. Development within the Heavy Industrial District shall conform to the following listed and referenced standards: HI BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of CR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of CR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and )arking lot landscaping requirements. Height, maximum 115 feet Off-street parking See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 [Ord. 2765 §52, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 131 of 356 Return to Title CHAPTER 18.36 MANUFACTURING INDUSTRIAL CENTER/ LIGHT (MIC/L) DISTRICT Sections: 18.36.010 Purpose 18.36.020 Land Uses Allowed 18.36.030 On -Site Hazardous Substances 18.36.040 Design Review 18.36.050 Basic Development Standards 18.36.010 Purpose A. This district implements the Manufacturing Industrial Center/Light Industrial (MIC/L) Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. MIC/L's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. [Ord. 2765 §53, 2025; Ord. 2741 §4 (part), 2024] 18.36.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.36.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) [Ord. 2765 §54, 2025; Ord. 2741 §4 (part), 2024] 18.36.040 Design Review A. Design review is required for: 1. All new office development. 2. All new developments within 300 feet of residential districts. 3. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. (See TMC 18.60, Design Review) [Ord. 2765 §55, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 132 of 356 Return to Title 18.36.050 Basic Development Standards A. Development within the Manufacturing Industrial Center/Light Industrial District shall conform to the following listed and referenced standards: MIC/L BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Second front, if any portion of the yard is within 50 feet of CR, HDR 15 feet • Sides None • Sides, if any portion of the yard is within 50 feet of CR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear None • Rear, if any portion of the yard is within 50 feet of CR, HDR 1st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 45 feet Off-street parking See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 — Required Number of Parking Spaces for Automobiles & Bicycles. [Ord. 2765 §56, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 133 of 356 Return to Title CHAPTER 18.38 MANUFACTURING INDUSTRIAL CENTER/ HEAVY (MIC/H) DISTRICT Sections: 18.38.010 Purpose 18.38.020 Land Uses Allowed 18.38.030 On -Site Hazardous Substances 18.38.040 Design Review 18.38.050 Basic Development Standards 18.38.010 Purpose A. This district implements the Manufacturing Industrial Center/Heavy (MIC/H) Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing heavy or bulk manufacturing and industrial uses, distributive and light manufacturing and industrial uses, and other uses that support those industries. MIC/H's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. [Ord. 2765 §57, 2025; Ord. 2741 §4 (part), 2024] 18.38.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.38.030 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) [Ord. 2765 §58, 2025; Ord. 2741 §4 (part), 2024] 18.38.040 Design Review A. Design review is required for: All new office development. 2. All development within 300 feet of residential districts. 3. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. (See TMC 18.60, Design Review) [Ord. 2765 §59, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 134 of 356 Return to Title 18.38.050 Basic Development Standards A. Development within the Manufacturing Industrial Center/Heavy Industrial District shall conform to the following listed and referenced standards: MIC/H BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Second front, if any portion of the yard is within 50 feet of CR, HDR 15 feet • Sides None • Sides, if any portion of the yard is within 50 feet of CR, HDR 1 st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear None • Rear, if any portion of the yard is within 50 feet of CR, HDR 1 st Floor 15 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and jarking lot landscaping requirements. Height, maximum 125 feet Off-street parking See TMC 18.56, Off-street Parking & Loading Regulations & Figure 18-7 — Required Number of Parking Spaces for Automobiles & Bicycles [Ord. 2765 §60, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk i City of Tukwila Page 135 of 356 Return to Title CHAPTER 18.40 TUKWILA VALLEY SOUTH (TVS) DISTRICT Sections: 18.40.010 Purpose 18.40.020 Land Uses Allowed 18.40.060 On -Site Hazardous Substances 18.40.070 Design Review 18.40.080 Basic Development Standards 18.40.010 Purpose A. This district implements the Tukwila Valley South Comprehensive Plan designation. It is intended to provide an area of high-intensity regional uses that include commercial services, offices, light industry, warehousing and retail uses, with heavy industrial uses subject to a Conditional Use Permit. [Ord. 2741 §4 (part), 2024] 18.40.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.40.060 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) [Ord. 2741 §4 (part), 2024] 18.40.070 Design Review A. Design review is required for: New development within 300 feet of residential districts. 2. All projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation. 3. Developments larger than 1,500 square feet. 4. All multi -family developments outside the shoreline jurisdiction. (See TMC 18.60, Design Review) [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 136 of 356 Return to Title 18.40.080 Basic Development Standards A. Development within the Tukwila Valley South District shall conform to the following listed and referenced standards: TVS BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 2,000 sq. ft. Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Refer to TMC 18.52, "Landscape Requirements," Table A, for perimeter and parking lot landscaping requirements. Height, maximum 115 feet Recreations ace 200 sq. ft. per dwelling unit 1,000 sq. ft. min. Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential except senior citizen housing) See TMC 18.56, Off street Parking/Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail 4 per 1,000 sq. ft. usable floor area minimum • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Conversion to Residential See TMC 18.50.230, Residential Conversions Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. [Ord. 2758 §9, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 137 of 356 Return to Title CHAPTER 18.41 TUKWILA SOUTH OVERLAY (TSO) DISTRICT Sections: 18.41.010 Purpose 18.41.020 Land Uses Allowed 18.41.070 On -Site Hazardous Substances 18.41.080 Design Review 18.41.090 Basic Development Standards 18.41.100 Modifications to Development Standards through Design Review 18.41.110 Final Site Plan 18.41.120 Performance Guarantee 18.41.010 Purpose A. This district implements the Tukwila South Master Plan designation and related policies and provisions of the Tukwila Comprehensive Plan. As an overlay district, the Tukwila South Overlay (TSO) district may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan Area. Within the Tukwila South Overlay, the provisions of this chapter shall supersede the provisions of the underlying zoning district. B. The Tukwila South Overlay district is intended to create a multi -use regional employment center containing high technology, office, commercial, and residential uses. National and international employers specializing in emerging technologies (bio-tech/life sciences) are featured in campus settings. Retail activities range from individual large-scale national retailers to gateway and village retail and shopping centers that support office and high-tech campuses and residential neighborhoods. A mix of single-family and multi -family dwellings at low, medium, and high densities provide a variety of housing opportunities. Tukwila South will create a memorable and regionally identifiable place by building upon the Northwest tradition of quality outdoor environments and quality building materials, combined with traditional Puget Sound building elements. [Ord. 2741 §4 (part), 2024] 18.41.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.41.070 On -Site Hazardous Substances A. No on-site hazardous substance processing and handling or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC 21.08.) [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 138 of 356 Return to Title 18.41.080 Design Review A. The Director shall require that all development within the Tukwila South Overlay district is consistent with the policies of the Tukwila Comprehensive Land Use Plan and the Tukwila South Master Plan, and conforms to the requirements of this title and any applicable development agreement. B. Design review is required for all non-exempt development within the Tukwila South Overlay district. The applicant may submit a site plan for review for all or a portion of the area covered by the Tukwila South Master Plan. Prospective applicants are encouraged to schedule a pre -application conference as provided by TMC 18.104.050 prior to submitting a design review application. C. The following development activities are exempt from design review: 1. Interior remodeling of existing buildings or structures. 2. Underground utility projects. 3. Detached single-family subdivisions subject to TMC Title 17 — Subdivisions and Plats. 4. Exterior repair, reconstruction, cosmetic alterations or improvements if the cost of that work is less than 10% of the building's assessed valuation. 5. Development that is categorically exempt under the State Environmental Policy Act (SEPA) (RCW 43.21C). D. Design review includes an examination of the following elements: placement and scale of structures, design, height, form, parking, access, signage, vehicular and pedestrian connections and circulation, environmental considerations, open space, landscaping, and infrastructure needs as described in the Tukwila South Master Plan or any applicable development agreement. The purposes of the review process include: 1. Allowing City staff to review the detailed arrangement of the proposed development to ensure it is consistent with the intent and scope of the Tukwila South Master Plan, as well as any applicable development regulations, zoning district provisions, design review standards, and any approved development agreement provisions. 2. Assure the proposed development is compatible with both the physical characteristics of the site, and the existing and potential uses of the surrounding area as described in an approved Master Plan. 3. Ensure compliance with the requirements of the State Environmental Policy Act (SEPA - RCW 43.21C) and other applicable regulations and standards. E. All design review applications for development within the Tukwila South Overlay district shall be reviewed in accordance with the following criteria. When two or more of the criteria listed below conflict, the Director shall evaluate the applicability and importance of each based on the intent of the Tukwila South Master Plan and reasonably balance any conflicting criteria in reaching a design review decision. Substantial conformance with the Tukwila South Master Plan, including but not limited to, fostering the vision and guiding principles of the Master Plan. 2. Compliance with the applicable district standards in this title, and other applicable City regulations. Modifications to the development standards may be requested as part of design review per TMC 18.41.100. 3. Substantial consistency with Tukwila Comprehensive Land Use Plan goals and policies. 4. Substantial conformance with the provisions of any applicable development agreement. 5. Substantial conformance with all applicable mitigation measures identified in the associated EIS or other SEPA documents. 6. Adequate public services and facilities necessary to accommodate the proposed use and density are or will be made available. 7. The site is physically suitable for the type of development and for the intensity of development proposed. Office of the City Clerk I City of Tukwila Page 139 of 356 Return to Title 8. Approval of the application will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties and public facilities. 9. Substantial conformance with the criteria contained in the Tukwila South Design Manual for commercial development, the Tukwila South Residential Design Guidelines, or other Design Manual as stipulated by TMC 18.60. 10. Substantial conformance with the Master Open Space and Trails Plan, if applicable. Upon completion of the City's review, the Director shall approve, approve with conditions or deny the application, as follows: 1. If the Director finds the application meets the applicable criteria and is consistent with the approved Master Plan for that area of the Tukwila South Overlay district, the Director shall approve the proposal. 2. Approve with Conditions: If the Director finds the application does not adequately address one or more of the applicable criteria, but is consistent with the approved Master Plan for the Tukwila South Overlay district, and there is a reasonable basis for conditions, the Director may approve the application with conditions. The intent of such conditions is that they mitigate an impact consistent with the intent of the applicable criterion. Conditions of approval may include, but are not necessarily limited to, the relocation or modification of the proposed structures, additional landscaping, buffering, screening, relocation of access, or other measures necessary to mitigate any impact or reduce hazards. The Director shall specify when the conditions shall be met. 3. Denial: If the Director finds the application does not meet applicable criteria and reasonable conditions cannot be found to mitigate the impact or reduce hazards, the Director shall deny the application as proposed. The Director's decision must specify the reasons for the denial based upon the review criteria. [Ord. 2741 §4 (part), 2024] 18.41.090 Basic Development Standards A. Residential Uses. 1. Residential use development on all lands within the TSO shall conform to the development standards set forth in TMC 18.41.090.A and the Tukwila South Residential Design Guidelines. Modifications to these standards are available pursuant to TMC 18.41.100, "Modifications to Development Standards through Design Review." 2. The development standards herein are based on the height of new residential buildings. Specifically: a. Buildings three stories or less are subject to townhouse and low-rise standards. b. Buildings between four to seven stories are subject to mid -rise standards. c. Buildings eight stories or taller are subject to high-rise standards. d. For buildings with a varying number of stories, the tallest number of stories shall determine which set of standards apply. Office of the City Clerk I City of Tukwila Page 140 of 356 Return to Title Table 18.41.090 Tukwila South Overlay Residential Development Standards TSO TSO TSO Townhouses & Low-rise Mid -rise High-rise Standard 3 stories or less 4-7 stories 8 or more stories Setbacks/yards, minimum feet Front' Arterial streets 15 15 15 All other streets 10 10 10 Side' Up to 3m story 5 53 53 4thstory and above n/a 154 154 Rear3 Up to 3,dstory 5 53 53 41hstory and above n/a 154 154 1 In the event modification is pursued under TMC 18.41.100, front setbacks may be reduced to no less than 5 feet. ' Structures or portions of structures containing multi -family dwelling units that have solar access only from a side or rear setback -facing window(s) must be set back at least 15 feet from side and rear property lines. Structures must also maintain at least 15 feet of separation from adjacent structure elevations that provide the only solar access for a multi -family dwelling unit. See the Tukwila South Residential Guidelines for a graphic example. 3 When adjacent to a townhouse, the minimum setback is 15 feet. 4 When adjacent to a townhouse, the setback for portions of a structure taller than 35 feet must increase by 1 foot for each additional 1 foot in building height. Building height, maximum feet Buildinq Hei ht 45 85 125 Outdoor lighting height, maximum feet Light poles in parking areas 20 20 20 Light poles along pedestrian walkways, trails, plazas, building 12 12 12 entries, and otherpedestrian-oriented areas Building wall -mounted lighting 15 15 15 Building mounted lights fully recessed into the underside of a No limit No limit No limit ceiling, soffit, or overhang Building length, maximum feet Maximum building length 200 200 200 Recreations ace per unit, minimumsquare footage see TMC 18.41.090.3 for more information 7,8 Residential development must provide on -sites and off-site10 recreation space at the following standard: Recreation space 200 square feet total. 0 75 square feet per unit, on-site. 0 125 square feet per unit, off-site. 7 Senior citizen housing must provide 100 square feet of recreation space per unit. 8 Developments with 10 or more dwelling units must provide a children's play area in the on-site recreation space. A children's play area is not required for senior citizen housing or if the proposed structure or related development project is within 1/4 mile, measured along constructed sidewalks and/or trails of the perimeter, of a recreation facility for children that is open to residents of the proposed structure. 9 Recreation area provided on-site must be functional space for active and passive recreation purposes and located within the same parcel or tract as the proposed development. 10 The Director may approve the required off-site recreation area to be located on-site provided that the recreation space meets the design guidelines set forth in this chapter. If off-site recreation space is approved to be located on-site, that space must be active outdoor recreation space. Parking spaces per dwelling unit, minimum Studio 1 1 1 1 -bedroom 1 1 1 2 -bedroom 1.5 1.5 1.5 3 -bedroom 2 2 2 Conversion to Residential See TMC 18.50.230, Residential Conversions Office of the City Clerk I City of Tukwila Page 141 of 356 Return to Title 3. Off -Site Recreational Area Requirements. The following requirements would apply to Off -Site Recreational Areas within the TSO district: a. Off -Site Recreational Area Conditions: (1) Off-site recreation areas must be accessible within 1/4 mile for a children's play area up to 1/2 mile for all other offsite recreation areas as measured from the closest structure containing residential units; accessory buildings such as fitness centers, parking garages, utility structures, etc. will not qualify. Off-site recreation space located up to 1 mile from a structure containing residential units as measured along existing or future sidewalks and trails shall be credited toward meeting the offsite recreation space requirement. (2) A recreation area constructed in fulfilment of this requirement should be designed to serve the neighborhood in which it is located. The space may be privately -owned, provided residents living in the area have access. New improvements must be located adjacent to, and highly visible from, a street (public or private) or public trail. The facilities to be located will be approved by the Director during the design review and/or subdivision process. b. Minimum Off -Site Recreational Area Design: Minimum size requirements apply: 1/ 4 acre of usable off-site recreation space must be provided to meet the standard. This qualifies as the minimum size for an off-site recreation area. Off-site recreational areas must be designed and sized to accommodate a combination of active and passive recreational facilities. Examples of qualifying facilities: (1) Children's play equipment (2) Picnic areas and/or tables (3) Benches (4) Pea patch/other specialized community garden (5) Grass fields/areas of suitable size for active recreation (6) Sport courts (7) Trails and associated landscaped corridors on private property (8) Other amenities the Director determines meet the goal of providing active or passive recreation opportunities c. Larger Off -Site Recreational Areas: (1) Any offsite recreation area developed in excess of the offsite recreation area requirement for a given development, regardless of their size and subject to the 1/4 -acre size minimum, may be banked toward future development for an indefinite period. (2) Should a larger, consolidated recreation area of 2.0 acres or more be provided, the improvements can be used to fulfill current development proposal requirements. See "Timing of Recreation Space Provision" below for more information. (3) If a project constructs a recreation area of less than 2.0 acres but greater than a development's required offsite recreation amount, the area developed in excess may be banked only if the offsite recreation area is constructed at the same time as the residential project. (4) To qualify, the proposed recreation area must be located adjacent to, and highly visible from, a street (public or private) or trail and provide a range of active and passive recreational opportunities (as outlined in this Chapter) for multiple ages and physical abilities. Only those areas that are usable may count towards the off-site recreation space requirement. The following areas are excluded: parking lots, utility sheds, inaccessible natural/planted areas, any landscaped area required by code, and unimproved steep slopes as defined in TMC 18.45.120. (5) Larger off-site recreational areas are typically characterized by recreational activities that serve a range of individuals and groups, such as field games, court games, craft areas, playground apparatus, picnicking, and space for Office of the City Clerk I City of Tukwila Page 142 of 356 Return to Title quiet/passive activities. Neighborhood recreation areas may contain active recreational facilities such as softball, basketball, volleyball, handball, tennis, children's play structures, trails, and grass areas for activities and/or picnic facilities. d. Timing of Recreation Space Provision: Construction of off-site recreation space must meet the following timelines. (1) For sites under 2.0 acres in area, the off-site recreation space must be constructed and receive final construction permit approval prior to the issuance of certificate of occupancies for any project receiving credit for the off-site recreation space. (2) For sites equal to or in excess of 2.0 acres, the City will permit delayed construction of the off-site recreation space as follows: (a) Construction permits must be applied for within two years of the associated residential project(s) using such off-site recreation space to satisfy their recreation space requirement and receiving certificate(s) of occupancy. Provided: i. A financial guarantee (bond, assignment of account, irrevocable standby letter of credit, or cash), acceptable to the Director, in an amount necessary to complete the off-site recreation improvements is provided to the City. ii. The owner of the property for the off-site recreation area has provided an appropriate legal mechanism acceptable to the City to access the identified off-site recreation area, such as an easement, at no cost, and to construct the off-site recreation space improvements in the event that the applicant and/or property owner have not completed the improvements within the prescribed timelines. iii. The requirements in TMC 18.41.090.A.3.d.(a).i and ii are not required if the permits for off-site recreation space have received final approval by the City. (3) No additional residential projects within the 1/2 mile radius of the deferred off-site recreation area will be allowed to move forward with construction until such off-site recreation space construction has been completed. (4) Construction of the off-site recreation improvements must be completed within a timely manner from permit approvals. If adequate provisions, as determined by the Director, cannot be put in place to ensure the future construction of the off-site recreation space, then the space shall be constructed prior to the issuance of any certificate of occupancy for any developments using the off-site area to meet recreational space requirements. e. Sensitive Area Tracts: Off-site recreation space credit can be given for any trails, lookouts, or other passive recreation activities constructed within sensitive area tracts, subject to compliance with the City's Sensitive Area Master Plan for Tukwila South and the City's Environmental Areas Ordinance. The sensitive areas tracts would need to meet the locational requirements outlined in this Chapter (1/2 mile from closest perimeter of a residential project). Only the areas of improvement within a sensitive area tract would count towards the recreation space requirement, not the entire tract. 4. Performance Standards: Use, activity, and operations within a structure or a site shall comply with: (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants; (2) TMC 8.22, "Noise"; and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. B. Connectivity and Circulation Guidelines. 1. Any development with a residential component shall front a roadway that meets City approved public or private street standards. 2. Access to development sites needs to include provisions for non -motorized circulation, including dedicated pedestrian access that separates pedestrians from motorized traffic via curb and/or landscaped planter strip. Development along public rights-of-way should not preclude bus stops and bike infrastructure. Private street development, contained within tracts or easements, may be required to include shared and/or dedicated bike lanes, on -street parking, and/or drop-off/loading zones. Office of the City Clerk I City of Tukwila Page 143 of 356 Return to Title 3. Existing curb cuts from Southcenter Parkway and South 200th Street are to be used for access to the adjacent development sites and to extend private streets, contained within tracts or easements. If no curb cut exists along an existing road fronting a development site, City of Tukwila Public Works may review and approve new curb cut location(s) along such street frontage, subject to intersection spacing and site distance standards. 4. New streets are encouraged to connect to adjacent parcels at an interval no greater than 700 feet. Where nearby parcels and associated private streets have already been developed, proposed private streets, whether in tracts or easements, shall align and connect. 5. Future block development is encouraged to create a maximum block perimeter 2,000 linear feet. The block will be defined with a minimum of two vehicle through connections. The remaining two sides of the block may be pedestrian/bicycle connections only or could accommodate vehicle traffic; see example below. 6. Permanent dead-end streets should be avoided, if possible. 7. All developments must meet minimum Fire Department and Public Works Department access and grade requirements including, but not limited to, minimum street clearance, turning radii, and turnaround design. 8. The Director may provide exceptions to these guidelines in the event they are unable to be adhered to due to physical/topographical constraints, the creation of an unusable parcel(s) of land, or an inability to fulfill the requirements without significantly interfering with the proposed function(s) of the development given that the overall intent of the guidelines is still fulfilled. BLOCK EXAMPLE: Mapmum Block Face 790 FM � FtdW Strrct . .......................:— .—..-.. ...- :I :I Black A it I i I MpYlmum 81ecle 'I ........................ Ppimeppr1,90pFeua ...................... � ` ! �Naw PetlMlriauyA BigRlo Paha i r. I} I II I li I � Block B I Street Office of the City Clerk I City of Tukwila Page 144 of 356 Return to Title C. Non -Residential Uses. All non-residential use development on all lands within the TSO shall conform to the development standards set forth in TMC 18.41.090.C. Modifications to these standards are available pursuant to TMC 18.41.100, "Modifications to Development Standards through Design Review." Lot NIA Setbacks: Front — adjacent to a public street 15 feet* Second Front — adjacent to a public street 15 feet* Sides None*; increased to 10 feet if adjacent to residential use or non -TSO zoned property Rear None*; increased to 10 feet if adjacent to residential use or non -TSO zoned property Height 125 feet Landscaping: Fronts — adjacent to a public street 15 feet Side None; increased to 10 feet if adjacent to residential use or non -TSO zoned property Rear None; increased to 10 feet if adjacent to residential use or non -TSO zoned property Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for requirements Off-street parking: See TMC Chapter 18.56 *Subject to modification to meet Fire Department Access Requirements [Ord. 2758 §10, 2025; Ord. 2741 §4 (part), 2024] 18.41.100 Modifications to Development Standards through Design Review A. An applicant may request a modification to the Basic Development Standards established by TMC 18.41.090 as part of a design review application. The applicant shall submit a written description of the proposed modification and address the decision criteria stated in TMC 18.41.100.B; the Director may condition the approval of a modification request when such conditions are necessary to achieve conformity with these decision criteria. B. The Director may grant modifications to the Basic Development Standards established by TMC 18.41.090 for individual cases provided that, for development of a residential use, the Director shall find that either the modification is allowed because it results in a more thoughtful urban design for the project consistent with the Tukwila South Residential Design Guidelines, or that all five criteria below are met and, for development of a non-residential use, the Director shall find that all five criteria below are met: 1. The modification is required due to unique circumstances related to the subject property that create significant practical difficulties for development and use otherwise allowed by this code; 2. The modification conforms to the intent and purpose of the Tukwila South Master Plan, any applicable development agreements, and this code; 3. The modification will not be injurious to other property(s) in the vicinity; 4. The modification will not compromise the current or reasonably anticipated provision of circulation, access, utility service or any other public service; and 5. An approved modification shall be the minimum necessary to ameliorate the identified practical difficulties giving rise to the request. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 145 of 356 Return to Title 18.41.110 Final Site Plan A. Within 90 days of the approval by the Director, final plans shall be prepared and filed with the City. These plans shall include all required modifications and applicable conditions contained in the Director's Notice of Decision. B. The final plans are not required to be recorded unless there is an associated land division application, such as a binding site plan or subdivision. [Ord. 2741 §4 (part), 2024] 18.41.120 Performance Guarantee A. The Building Official may not issue a Certificate of Occupancy until all improvements included in the approved plans have been installed and approved, with the following exceptions: 1. A performance guarantee has been posted for the improvements not yet completed. 2. The phasing of improvements has been accounted for in an associated Binding Site Plan, infrastructure phasing agreement, a condition of approval, or a development agreement. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 146 of 356 Return to Title CHAPTER 18.42 PUBLIC RECREATION OVERLAY (PRO) DISTRICT Sections: 18.42.010 Purpose 18.42.020 Land Uses Allowed 18.42.030 Basic Development Standards 18.42.010 Purpose A. This district implements the Public Recreation Overlay (PRO) Comprehensive Plan designation, which is intended to reserve certain areas owned or controlled by a public or quasi -public agency for either passive or active public recreation use. As an overlay district, the PRO District may be combined with any other district established by this Title, and the provisions of this chapter shall be in addition to the provision for the underlying district. [Ord. 2765 §61, 2025; Ord. 2741 §4 (part), 2024] 18.42.020 Land Uses Allowed A. Refer to TMC 18.09, "Land Uses Allowed by District." [Ord. 2741 §4 (part), 2024] 18.42.030 Basic Development Standards A. Development standards for the PRO District shall be as specified by TMC 18 for the underlying district. However, when the underlying district is the CR (Community Residential) District, structures may be granted a height bonus of one additional foot of height for every four feet of excess setback (i.e., setback over and above the CR minimum standard), up to a maximum height of 50 feet. Ancillary facilities customarily installed in conjunction with a permitted recreational use, including light standards and safety netting, shall not be subject to the height restrictions of the underlying district. Structures for which a height bonus is requested and any ancillary facilities taller than the underlying height restrictions shall be subject to Design Review approval under the "Commercial and Light Industrial Design Review Criteria" provisions of TMC 18.60. [Ord. 2765 §62, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 147 of 356 Return to Title CHAPTER 18.43 URBAN RENEWAL OVERLAY (URO) DISTRICT Sections: 18.43.010 Purpose 18.43.020 Principally Permitted Uses 18.43.030 Accessory Uses 18.43.040 Height, Yard and Area Regulations 18.43.050 Parking Regulations 18.43.060 Application Regulations 18.43.070 Specific Urban Renewal Overlay Development Standards and Criteria 18.43.080 Basic Development Standards 18.43.010 Purpose A. This chapter implements the Urban Renewal Overlay (URO) District, which applies the adopted Tukwila International Boulevard Revitalization and Urban Renewal Plan. The intent is to promote community redevelopment and revitalization, and to encourage investment that supports well-designed, compact, transit -oriented and pedestrian -friendly residential and business developments to activate the community along Tukwila International Boulevard. URO District Boundaries are shown in (Figure 18-15.) This overlay may be applied in combination with the Commercial Redevelopment Areas procedures as described in TMC 18.60.060. [Ord. 2765 §63, 2025; Ord. 2741 §4 (part), 2024] 18.43.020 Principally Permitted Uses A. The URO District is an overlay zone which allows the uses permitted in the underlying zoning district, while being consistent with all additional requirements of this chapter. In addition, larger scale multi -family buildings are permitted in the CR district within the URO District. [Ord. 2765 §64, 2025; Ord. 2741 §4 (part), 2024] 18.43.030 Accessory Uses A. The URO District is an overlay zone which allows the accessory uses permitted in the underlying zone district, while being consistent with all additional requirements of this chapter. [Oru. 2765 §65, 2025; Ord. 2741 §4 (part), 2024] 18.43.040 Height, Yard and Area Regulations A. All setbacks shall be as provided in the underlying zoning district, except as may otherwise be specified in this chapter. [Ord. 2741 §4 (part), 2024] 18.43.050 Parking Regulations A. Parking shall be required as specified in TMC 18.56, except as may otherwise be specified by this chapter. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 148 of 356 Return to Title 18.43.060 Application Regulations A. Parcels located within the URO District are identified on the official Zoning Map, as well as in TMC 18, Figure 18.15, and are subject both to its zone classification regulations and to additional requirements imposed for the URO District. The URO District provisions shall apply in any case where the provisions of the URO District conflict with the provisions of the underlying zone. [Ord. 2765 §66, 2025; Ord. 2741 §4 (part), 2024] 18.43.070 Specific Urban Renewal Overlay Development Standards and Criteria A. The URO District's supplemental development standards are as follows, provided certain criteria are met: 1. Building heights shall be permitted up to 65 feet; 2. Existing NCC setback standards shall be followed per TMC 18.22.080. (See Urban Renewal Basic Development Standards.) 3. Multi -family parking standards shall be one parking space per each dwelling unit that contains up to one bedroom, plus 0.5 spaces for every bedroom in excess of one bedroom in a dwelling unit. 4. The maximum number of dwelling units shall be determined by the building envelope, rather than a numeric density. The applicant shall determine the unit mix with the limitation that studio units contain an average size of at least 500 square feet of interior floor space with no units smaller than 450 square feet and allow no more than 40% of the dwelling units to be studios. 5. Allow live/work space on the ground floor to meet the NCC requirement for ground floor retail or office space if the live/work space is built to commercial building code standards with a typical retail storefront appearance. 6. Allow ground floor residential uses in the NCC zone in buildings or portions of buildings that do not front on an arterial. B. The URO District's development standards apply if the applicant requests, and if all the following criteria are met: 1. At least 100 feet of the parcel's perimeter fronts on Tukwila International Boulevard. 2. 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. 3. The ground floor along Tukwila International Boulevard must contain active uses (except for the width of the garage access) when site conditions allow. Active uses comprise uses such as retail, restaurant, office, live -work or other uses of a similar nature that encourage pedestrian activity, and feature a combination of design and amenities to create a sense in interest with features such as doors, windows, clear glass display windows, wide sidewalks, etc. 4. Development must provide amenities such as some of the following to enable a high-quality pedestrian experience, including retail windows, pedestrian scale design along sidewalks, wide sidewalks, pedestrian access through site, benches, art, landscaping and lighting, quality of materials, and street furniture. 5. The applicant shall prepare a Transportation Management Plan to encourage alternatives to automobile use, and that provides each residential and commercial tenant with materials that may range from offering information about transit and bicycle options to providing transit tickets and passes. 6. Residential development shall provide opportunities for tenants to use a car -sharing program and make one space available at no charge to a car -sharing program (if available) for every 50 to 200 residential units on site. An additional space shall be provided for developments with over 200 units. 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. 7. One secure, covered, ground -level bicycle parking space shall be provided for every four residential units in a mixed-use or multi -family development. [Ord. 2785 §67, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 149 of 356 Return to Title 18.43.080 Basic Development Standards A. If requested by the applicant and if the specific requirements and criteria of TMC 18.43.070a and 18.43.070b are met, development within the URO District shall conform to the following listed and referenced standards. B. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.020). Certain setback and landscaping standards may be waived by the Director when an applicant can demonstrate that: (i) shared parking is provided, or (ii) the number of driveways is reduced, or (iii) efficiency of the site is increased, or (iv) joint use of parking facilities is allowed, or (v) pedestrian space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions.) Urban Renewal Overlay Basic Development Standards Unit density The maximum number of dwelling units is determined by the building envelope as in the NCC zone, rather than a numeric density. Unit size and maximum percentage for studio dwellings The applicant shall determine the unit mix with the limitation that the studio units contain an average size of at least 500 square feet of interior floor space with no units smaller than 450 square feet and allow no more than 40% of the dwelling units to be studios. Setbacks to yards, minimum unless noted Front 6 feet (12 feet if located along Tukwila International Boulevard South Second front, if any portion of the yard is within 50 feet of CR, HDR 15t floor -10 feet Second front 5 feet Second front, if any portion of the yard is within 50 feet of CR, HDR 1 It floor - 10 feet 2nd floor and above 20 feet Sides 10 feet Sides, if any portion of the yard is within 50 feet of CR, HDR 1 I floor -10 feet 2nd floor - 20 feet 3rd floor and higher - 20 feet Rear, if any portion of the yard is within 50 feet of, CR, HDR 1 It floor - 10 feet 2nd floor and above - 20 feet Height, maximum — 65 feet if all criteria are met Landscape requirements (minimum): See Landscape requirements of specific underlying zone. Also see Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements Front(s) All building setback areas must be landscaped or developed with pedestrian improvements per the width of the setback, rather than the landscape standards of the underlying zone. Front if any portion of the yard is adjacent to, or across the street from, All building setback areas must be landscaped or developed with LDR zoning that is developed with a single-family dwelling and that is pedestrian improvements per the width of the setback, rather than outside of the Urban Renewal Overlay District the landscape standards of the underlying zone. Front(s), if any portion of the yard is within 50 feet of MDR, HDR All building setback areas shall be landscaped or developed with pedestrian improvements per the width of the setback, rather than the landscape standards of the underlying zone. Sides None Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Office of the City Clerk I City of Tukwila Page 150 of 356 Return to Title Urban Renewal Overlay Basic Development Standards Rear None Rear, if any portion of the yard is within 50 feet of MDR, HDR 10 feet Recreation space See under) ing zoning Recreation space, senior citizen housing See underlying zoning Off-street parking: Residential (except senior citizen housing) One automobile parking space per each dwelling unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess of one bedroom in a multi -family dwelling unit. 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 units on site. An additional space shall be provided for developments with over 200 units. 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. One secure, covered, ground -level bicycle parking space shall be provided for every four residential units in a mixed-use or multi -family development. Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations [Ord. 2765 §68, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 151 of 356 Return to Title CHAPTER 18.44 SHORELINE OVERLAY Sections: 18.44.010 Purpose and Applicability 18.44.020 Shoreline Environment Designations 18.44.030 Principally Permitted Uses and Shoreline Use and Modification Matrix 18.44.040 Shoreline Buffers 18.44.050 Development Standards 18.44.060 Vegetation Protection and Landscaping 18.44.070 Environmentally Critical Areas within the Shoreline Jurisdiction 18.44.080 Public Access to the Shoreline 18.44.090 Shoreline Design Guidelines 18.44.100 Shoreline Restoration 18.44.110 Administration 18.44.120 Appeals 18.44.130 Enforcement and Penalties 18.44.140 Liability 18.44.010 Purpose and Applicability A. The purpose of this chapter is to implement the Shoreline Management Act of 1971, as amended, and the rules and regulations thereunder as codified in the Washington Administrative Code; and to provide for the regulation of development that affects those areas of the City under the jurisdiction of the Shoreline Management Act. In particular, the purpose of this chapter is to: 1. Recognize and protect shorelines of State-wide significance; 2. Preserve the natural character of the shoreline; 3. Protect the resources and ecology of the shoreline; 4. Increase public access to publicly -owned areas of the shoreline; 5. Increase recreational opportunities for the public in the shoreline: 6. Protect and create critical Chinook salmon habitat in the Transition Zone of the Green River. B. After the effective date of this ordinance, TMC 18.44, as hereby amended, shall apply to all properties subject to the shoreline overlay, provided that nothing contained herein shall be deemed to override any vested rights or require any alteration of a non -conforming use or non -conforming structure, except as specifically provided in TMC 18.44. C. Pursuant to WAC 173-26-191 (2)(c), this chapter, together with the Shoreline Element of the Comprehensive Plan, constitutes the City of Tukwila's Shoreline Master Program. Any modifications to these documents will be processed as a Shoreline Master Program Amendment and require approval by the Department of Ecology. [Ord. 2765 §69, 2025; Ord. 2741 §4 (part), 2024] 18.44.020 Shoreline Environment Designations A. All shoreline within the City is designated "urban" and further identified as follows: 1. Shoreline Residential Environment. All lands zoned for residential use as measured 200 feet landward from the Ordinary High Water Mark (OHWM). 2. Urban Conservancy Environment. All lands not zoned for residential use upstream from the Turning Basin as measured 200 feet landward from the OHWM. Office of the City Clerk I City of Tukwila Page 152 of 356 Return to Title 3. High Intensity Environment. All lands downstream from the Turning Basin as measured 200 feet landward from the OHWM. 4. Aquatic Environment. All water bodies within the City limits and its potential annexation areas under the jurisdiction of the Shoreline Management Act waterward of the Ordinary High Water Mark. The Aquatic Environment includes the water surface together with the underlying lands and the water column. [Ord. 2741 §4 (part), 2024] 18.44.030 Principally Permitted Uses and Shoreline Use and Modification Matrix A. TMC 18.44.030.A, including the Use Matrix (Figure 18-1), specifies the uses that are permitted outright, permitted as a Conditional Use or prohibited altogether for each Shoreline Environment. Also included are special conditions and general requirements controlling specific uses. These regulations are intended to implement the purpose of each Shoreline Environment designation. B. In the matrix, shoreline environments are listed at the top of each column and the specific uses are listed along the left-hand side of each horizontal row. The cell at the intersection of a column and a row indicates whether a use may be allowed in a specific shoreline environment and whether additional use criteria apply. The matrix shall be interpreted as follows: 1. If the letter "P" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment if the underlying zoning also allows the use. Shoreline (SDP, CUP and Variance) permits may be required. 2. If the letter "C" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment subject to the shoreline conditional use review and approval procedures specified in TMC 18.44. 110. E. 3. If the letter "X" appears in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment. C. In addition to the matrix, the following general use requirements also apply to all development within the shoreline jurisdiction. Additional requirements controlling specific uses are set forth for each Shoreline Environment designation, to implement the purpose of the respective Shoreline Environment designations. 1. The first priority for City -owned property, other than right-of-way, within the shoreline jurisdiction shall be reserved for water -dependent uses including but not limited to habitat restoration, followed by water -enjoyment uses, public access, passive recreation, passive open space uses, or public educational purposes. 2. No hazardous waste handling, processing or storage is allowed within the SMA shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline environment and adequate controls are in place to prevent any releases to the shoreline/river. 3. Overwater structures, shall not cause a net loss of ecological function, interfere with navigation or flood management, or present potential hazards to downstream properties or facilities. They shall comply with the standards in the Overwater Structures Section of TMC 18.44.050.K. 4. Parking as a primary use is not permitted, except for existing Park and Ride lots, where adequate stormwater collection and treatment is in place to protect water quality. Parking is permitted only as an accessory to a permitted or conditional use in the shoreline jurisdiction. 5. All development, activities or uses, unless it is an approved overwater, flood management structure or shoreline restoration project, shall be prohibited waterward of the OHWM. Office of the City Clerk I City of Tukwila Page 153 of 356 Return to Title SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X = Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer AGRICULTURE Farming and farm -related activities X X X P X X X Aquaculture X X X X X X X COMMERCIAL (1) General X X X P X P (2) P (3) Automotive services, gas (outside pumps allowed), washing, bodyand engine repair shops enclosed within a building)X X X C X C 2 X Contractors storage yards X X X C X C (2) X Water -oriented uses C P C P C P C Water -dependent uses P (4) P (5) P (4) P P (4) P P Storage P (6) P (5) P (6) P P (6) P X CIVIC/INSTITUTIONAL General X P X P X P X DREDGING Dredging for remediation of contaminated substances C (7) NA C (7) NA C (7) NA C (7) Dredging for maintenance of established navigational channel NA NA NA NA NA NA P (8) Other dredging for navigation NA NA NA NA NA NA C (9) Dredge material disposal X X X X X X X Dredging for fill NA NA NA NA NA NA X ESSENTIAL PUBLIC FACILITY (WATER DEPENDENT) P P P P P P P ESSENTIAL PUBLIC FACILITY (NONWATER DEPENDENT) 10 C C C C C C C FENCES P (11) P C (11) P C (11) P X FILL General C (12) P C (12) P C (12) P C (12) Fill for remediation, flood hazard reduction or ecological restoration P (13) P P (13) P P (13) P P (13) FLOOD HAZARD MANAGEMENT Flood hazard reduction (14) P P P P P P P Shoreline stabilization (15) P P P P P P P INDUSTRIAL (16) General X X P (3) P P (3) P (2) P (3) Animal rendering X X X C X X X Cement manufacturing X X X C X C (2) X Hazardous substance processing and handling & hazardous waste treatment and storage facilities (on or off-site) (17) X X X X X X X Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials X X X C X C (2) X Salvage and wrecking operations X X X C X C (2) X Tow -truck operations, subject to all additional State and local regulations X X X C X P (2) X Truck terminals X X X P X P (2) X Water -oriented uses X X C P C P C Water -dependent uses (17) X X P (4) P P (4) P P MINING Office of the City Clerk I City of Tukwila Page 154 of 356 Return to Title SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X = Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer General X X X X X X X OVERWATER STRUCTURES (18) Piers, docks, and other overwater structures P (19) NA P (20) NA P (20) NA P (20,21) Vehicle bridges (public) P (31,4) P (31) P (31,4) P (31) P (31,4) P (31) P (31) Vehicle bridge (private) C C C C C C C Public pedestrian bridges P P P P P P P PARKING — ACCESSORY Parking areas limited to the minimum necessary to support permitted or conditional uses X P (5)X P X P X RECREATION Recreation facilities (commercial — indoor) X X X P X P (22) X Recreation facilities (commercial — outdoor) X X C (23,24) C (24) C (23,24) C (24) X Recreation facilities, including boat launching (public) P (23) P P (23,24,25) C P (23,25) P P (3) Public and private promenades, footpaths, or trails P P P (26) P P (26) P X RESIDENTIAL—SINGLE FAMILY/MULTI-FAMILY Dwelling X (27) P X P X X X Houseboats X X X X X X X Live-aboards X X X X X X P (21,28) Patios and decks P (29) P P (29) P P P X Signs (30) P P P P P P X Shoreline Restoration P P P P P P P TRANSPORTATION General C C C C C C C (3) Park & ride lots X X X C (9) X C (9) X Levee maintenance roads P (32) P (32) P (32) P (32) P (32) P (32) NA Railroad X P X X X X X UTILITIES General (10) P (4) P P (4) P P (4) P C Provision, distribution, collection, transmission, or disposal of refuse X X X X X X X Hydroelectric and private utility power generating plants X X X X X X X Wireless towers X X X X X X X Support facilities, such as outfalls P (33) P P (33) P P (33) P C (33) Regional detention facilities X X P (34) P (34) P (34) P (34) X USES NOT SPECIFIED j C j C C C C C C * This matrix is a summary. Individual notes modify standards in this matrix. Permitted or conditional uses listed herein may also require a shoreline substantial development permit and other permits. (1) Commercial uses mean those uses that are involved in wholesale, retail, service and business trade. Examples include office, restaurants, brew pubs, medical, dental and veterinary clinics, hotels, retail sales, hotel/motels, and warehousing. (2) Nonwater-oriented uses may be allowed as a permitted use where the City determines that water -dependent or water -enjoyment use of the shoreline is not feasible due to the configuration of the shoreline and water body. (3) Permitted only if water dependent. (4) Structures greater than 35 feet tall require a conditional use permit. (5) Permitted if located to the most upland portion of the property and adequately screened and/or landscaped in accordance with the Vegetation Protection and Landscaping section. (6) Outdoor storage within the shoreline buffer is only permitted in conjunction with a water -dependent use. (7) Conditionally allowed when in compliance with all federal and state regulations. 8 Maintenance dredging of established navigation channels and basins is restricted to maintaining previously dredged and/or existing authorized location, depth and width. Office of the City Clerk I City of Tukwila Page 155 of 356 Return to Title SHORELINE USE MATRIX* (Figure 18-1) Shoreline Residential Urban Conservancy High Aquatic P = May be permitted subject to development standards. Intensity Environment C = May be permitted as a Shoreline Conditional Use. Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer X = Not Allowed in Shoreline Jurisdiction. (9) Conditionally allowed when significant ecological impacts are minimized and mitigation is provided. (10) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative to locating the use within shoreline jurisdiction. (11) The maximum height of the fence along the shoreline shall not exceed four feet in residential areas or six feet in commercial areas where there is a demonstrated need to ensure public safety and security of property. The fence shall not extend waterward beyond the top of the bank. Chain-link fences must be vinyl coated. (12) Fill minimally necessary to support water -dependent uses, public access, or for the alteration or expansion of a transportation facility of statewide significance currently located on the shoreline when it is demonstrated that alternatives to fill are not feasible is conditionally allowed. (13) Landfill as part of an approved remediation plan for the purpose of capping contaminated sediments is permitted. (14) Any new or redeveloped levee shall meet the applicable levee requirements of this chapter. (15) Permitted when consistent with TMC 18.44.050.F. (16) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling and/or storing of finished or semi -finished goods with supportive office and commercial uses. Examples include manufacturing processing and/or assembling such items as electrical or mechanical equipment, previously manufactured metals, chemicals, light metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously prepared materials; warehousing and wholesale distribution; sales and rental of heavy machinery and equipment; and internet data centers. (17) Subject to compliance with state siting criteria RCW 70.105 (See also Environmental Regulations, Section 9, SMP). (18) Permitted when associated with water -dependent uses, public access, recreation, flood control or channel management. (19) Permitted when the applicant has demonstrated a need for moorage and that the following alternatives have been investigated and are not available or feasible: (a) Commercial or marina moorage; (b) Floating moorage buoys; (c) Joint use moorage pier/dock. [Ord. 2741 §4 (part), 2024] 18.44.040 Shoreline Buffers A. Buffer widths. The following shoreline buffer widths apply in shoreline jurisdiction. Environment Buffer width (1)(2) Modification Shoreline Residential 50 feet OR the area (3) needed to achieve a slope no steeper than 2.5:1, measured from the toe of the bank to the top of the bank, plus 20 linear feet measured from the top of the bank landward, whichever is greater Urban Areas 100 feet (4) Conservancy without levees Areas with 125 feet (5) levees High Intensity 100 feet (4) Aquatic Not Applicable (1) Unless otherwise noted, all buffers are measured landward from the OHWM. (2) In any shoreline environment where an existing improved street or road runs parallel to the river through the buffer, the buffer ends on the river side of the edge of the improved right-of-way. (3) Removal of invasive species and replanting with native species of high habitat value is voluntary unless triggered by requirement for a Shoreline Substantial Development permit. (4) The Director may reduce the standard buffer on a case-by-case basis by up to 50% upon construction of the following cross section: (a) Reslope bank from toe to be no steeper than 3:1 in the Urban Conservancy Environment or reslope bank from OHWM (not toe) to be no steeper than 3:1 in the High Intensity Environment, using bioengineering techniques; and (b) Minimum 20 -foot buffer landward from top of bank; and Office of the City Clerk I City of Tukwila Page 156 of 356 Return to Title (c) Bank and remaining buffer to be planted with native species with high habitat value Maximum slope is reduced due to measurement from OHWM and to recognize location in the Transition Zone where pronounced tidal influence makes work below OHWM difficult. Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not result in direct, indirect or long-term adverse impacts to the river. In all cases a buffer enhancement plan must also be approved and implemented as a condition of the reduction. The plan must include using a variety of native vegetation that improves the functional attributes of the buffer and provides additional protection for the shoreline ecological functions. (5) Upon reconstruction of levee to the levee standards of this chapter, the Director may reduce the buffer to actual width required for the levee. If fill is placed along the back slope of a new levee, the buffer may be reduced to the point where the ground plane intersects the back slope of the levee. If the property owner provides a levee maintenance easement landward from the landward toe of the levee or levee wall which: 1) meets the width required by the agency providing maintenance; 2) prohibits the construction of any structures; and 3) allows the City to access the area to inspect the levee and make any necessary repairs, then the Director may place that area outside of the shoreline buffer and allow incidental uses in the area, such as parking. [Ord. 2741 §4 (part), 2024] 18.44.050 Development Standards A. Applicability. The development standards of this chapter apply to work that meets the definition of substantial development except for vegetation removal per TMC 18.44.060, which applies to all shoreline development. The term "substantial development" applies to non -conforming, new or re -development. Non -conforming uses, structures, parking lots and landscape areas, will be governed by the standards in TMC 18.44.110.G, "Non -Conforming Development." B. Shoreline Residential Development Standards. A shoreline substantial development permit is not required for construction within the Shoreline Residential Environment by an owner, lessee or contract purchaser of a single family residence for his/her own use or for the use of a family member. Such construction and all normal appurtenant structures must otherwise conform to this chapter. Subdivisions are not exempt from obtaining a Shoreline Substantial Development Permit. 1. Shoreline Residential Environment Standards. The following standards apply to the Shoreline Residential Environment: a. The development standards of the applicable underlying zoning district shall apply. b. New development and uses must be sited so as to allow natural bank inclination of 3:1 slope with a 20 -foot setback from the top of the bank. The Director may require a Riverbank Analysis as part of any development proposal. c. Utilities such as pumps, pipes, etc., shall be suitably screened with native vegetation per the standards in the Vegetation Protection and Landscaping Section, TMC 18.44.060. d. New shoreline stabilization, repair of existing stabilization or modifications to the river bank must comply with the standards in the Shoreline Stabilization Section, TMC 18.44.050.F. e. Subdivisions must be designed to provide public access to the river in accordance with the Public Access Section, TMC 18.44.080. Signage is required to identify the public access point(s). f. Parking facilities associated with single family residential development or public recreational facilities are subject to the specific performance standards set forth in the Off -Street Parking Section, TMC 18.44.050.1. g. Fences, freestanding walls or other structures normally accessory to residences must not block views of the river from adjacent residences or extend waterward beyond the top of the bank. Chain link fencing must be vinyl coated. h. Recreational structures permitted in the buffer must provide buffer mitigation. Office of the City Clerk I City of Tukwila Page 157 of 356 Return to Title i. The outside edge of surface transportation facilities, such as railroad tracks, streets, or public transit shall be located no closer than 50 feet from the OHWM, except where the surface transportation facility is bridging the river. j. Except for bridges, approved above ground utility structures, and water -dependent uses and their structures, the maximum height for structures shall be 30 feet. For bridges, approved above ground utility structures, and water - dependent uses and their structures, the height limit shall be as demonstrated necessary to accomplish the structure's primary purpose. Bridges, approved above ground utility structures, and water -dependent uses and their structures greater than 35 feet in height require approval of a Shoreline Conditional Use Permit. 2. Design Review. Design review is required for non-residential development in the Shoreline Residential Environment. C. High Intensity, Urban Conservancy and Aquatic Environment Development Standards. Standards. The following standards apply in the High Intensity, Urban Conservancy and Aquatic Environments. a. The development standards for the applicable underlying zoning district shall apply. b. All new development performed by public agencies, or new multi -family, commercial, or industrial development shall provide public access in accordance with the standards in the Public Access to the Shoreline Section, TMC 18.44.080. c. Development or re -development of properties in areas of the shoreline armored with revetments or other hard armoring other than levees, or with non -armored river banks, must comply with the Vegetation Protection and Landscaping Section, TMC 18.44.060. d. Any new shoreline stabilization or repairs to existing stabilization must comply with Shoreline Stabilization Section, TMC 18.44.050.F. e. Over -water structures shall be allowed only for water -dependent uses and the size limited to the minimum necessary to support the structure's intended use and shall result in no net loss to shoreline ecological function. Over -water structures must comply with the standards in the Over -water Structures Section, TMC 18.44.050.K. 2. Setbacks and Site Configuration. a. The yard setback adjacent to the river is the buffer width established for the applicable shoreline environment. b. A fishing pier, viewing platform or other outdoor feature that provides access to the shoreline is not required to meet a setback from the OHWM. 3. Height Restrictions. Except for bridges, approved above ground utility structures, and water -dependent uses and their structures, to preserve visual access to the shoreline and avoid massing of tall buildings within the shoreline jurisdiction, the maximum height for structures shall be as follows: a. 15 feet where located within the Shoreline Buffer; b. 65 feet between the outside landward edge of the Shoreline Buffer and 200 feet of the OHWM. c. 35 feet above average grade level on shorelines of the State that will obstruct the view of a substantial number of residences on areas adjoining such shorelines. For any building that is proposed to be greater than 35 feet in height in the shoreline jurisdiction, the development proponent must demonstrate the proposed building will not block the views of a substantial number of residences. The Director may approve a 15 foot increase in height for structures within the shoreline jurisdiction if the project proponent provides restoration and/or enhancement of the entire shoreline buffer, beyond what may otherwise be required including, but not limited to, paved areas no longer in use on the property in accordance with the standards of TMC 18.44.060, "Vegetation Protection and Landscaping." If the required buffer has already been restored, the project proponent may provide a 20% wider buffer, planted in accordance with TMC 18.44.060, "Vegetation Protection and Landscaping," in order to obtain the 15 -foot increase in height. Office of the City Clerk I City of Tukwila Page 158 of 356 Return to Title 4. Lighting. In addition to the lighting standards in TMC 18.60, "Design Review," lighting for the site or development shall be designed and located so that: a. The minimum light levels in parking areas and paths between the building and street shall be one -foot candle b. Lighting shall be designed to prevent light spillover and glare on adjacent properties and on the river channel to the maximum extent feasible, be directed downward so as to illuminate only the immediate area, and be shielded to eliminate direct off-site illumination. c. The general grounds need not be lighted. d. The lighting is incorporated into a unified landscape and/or site plan. D. Surface Water and Water Quality. The following standards apply to all shoreline development. 1. New surface water systems shall not discharge directly into the river or streams tributary to the river without pre- treatment to reduce pollutants and meet State water quality standards. Such pre-treatment may consist of biofiltration, oil/water separators, or other methods approved by the City of Tukwila Public Works Department. 2. Shoreline development, uses and activities shall not cause any increase in surface runoff, and shall have adequate provisions for storm water detention/infiltration. 3. Stormwater outfalls must be designed so as to cause no net loss of shoreline ecological functions or adverse impacts where functions are impaired. New stormwater outfalls or maintenance of existing outfalls must include shoreline restoration as part of the project. 4. Shoreline development and activities shall have adequate provisions for sanitary sewer. 5. Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of water or to be discharged onto shorelands. 6. The use of low impact development techniques is required, unless such techniques conflict with other provisions of the SMP or are shown to not be feasible due to site conditions. E. Flood Hazard Reduction. The following standards apply to all shoreline development. 1. New structural flood hazard reduction structures shall be allowed only when it can be demonstrated by a Riverbank Analysis that: a. They are necessary to protect existing development; b. Non-structural measures are not feasible; and c. Impacts to ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss. 2. Flood hazard structures must incorporate appropriate vegetation restoration and conservation actions consistent with the standards of the Vegetation Protection and Landscaping Section, TMC 18.44.060. 3. Publicly -funded structural measures to reduce flood hazards shall improve public access or dedicate and provide public access unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, or significant ecological impacts that cannot be mitigated. 4. Rehabilitation or replacement of existing flood control structures, such as levees, with a primary purpose of containing the 1% to 0.02% annual chance flood event, shall be allowed where it can be demonstrated by an engineering analysis that the existing structure: a. Does not provide an appropriate level of protection for surrounding lands; or Office of the City Clerk I City of Tukwila Page 159 of 356 Return to Title b. Does not meet a 3:1 riverside slope or other appropriate engineering design standards for stability (e.g., over -steepened side slopes for existing soil and/or flow conditions); and c. Repair of the existing structure will not cause or increase significant adverse ecological impacts to the shoreline. 5. Rehabilitated or replaced flood hazard reduction structures shall not extend the toe of slope any further waterward of the OHWM than the existing structure. 6. New structural flood hazard reduction measures, such as levees, berms and similar flood control structures shall be placed landward of the floodway as determined by the best information available. 7. New, redeveloped or replaced structural flood hazard reduction measures shall be placed landward of associated wetlands, and designated fish and wildlife habitat conservation areas. 8. No commercial, industrial, office or residential development shall be located within a floodplain without a Flood Control Zone Permit issued by the City. No development shall be located within a floodway except as otherwise permitted. 9. New, redeveloped or replaced flood hazard reduction structures must have an overall waterward slope no steeper than 3:1 unless it is not physically possible to achieve such as slope. A floodwall may be substituted for all or a portion of a levee back slope where necessary to avoid encroachment or damage to a structure legally constructed prior to the date of adoption of this subsection, if structure has not lost its nonconforming status, or to allow area for waterward habitat restoration development. The floodwall shall be designed to provide 15 feet of clearance between the levee and the building, or to preserve access needed for building functionality while meeting all engineering safety standards. A floodwall may also be used where necessary to prevent the levee from encroaching upon a railroad easement recorded prior to the date of adoption of this subsection. F. Shoreline Stabilization. The provisions of this section apply to those structures or actions intended to minimize or prevent erosion of adjacent uplands and/or failure of riverbanks resulting from waves, tidal fluctuations or river currents. Shoreline stabilization or armoring involves the placement of erosion resistant materials (e.g., large rocks and boulders, cement, pilings and/or large woody debris (LWD)) or the use of bioengineering techniques to reduce or eliminate erosion of shorelines and risk to human infrastructure. This form of shoreline stabilization is distinct from flood control structures and flood hazard reduction measures (such as levees). The terms "shoreline stabilization," "shoreline protection" and "shoreline armoring" are used interchangeably. 1. Shoreline protection shall not be considered an outright permitted use and shall be permitted only when it has been demonstrated through a Riverbank Analysis and report that shoreline protection is necessary for the protection of existing legally established structures and public improvements. 2. New development and re -development shall be designed and configured on the lot to avoid the need for new shoreline stabilization. Removal of failing shoreline stabilization shall be incorporated into re -development design proposals wherever feasible. 3. Replacement of lawfully established, existing bulkheads or revetments are subject to the following priority system: a. The first priority for replacement of bulkheads or revetments shall be landward of the existing bulkhead. b. The second priority for replacement of existing bulkheads or revetments shall be to replace in place (at the bulkhead's existing location). 4. When evaluating a proposal against the above priority system, at a minimum the following criteria shall be considered: a. Existing topography; b. Existing development; c. Location of abutting bulkheads; Office of the City Clerk I City of Tukwila Page 160 of 356 Return to Title d. Impact to shoreline ecological functions; and, e. Impact to river hydraulics, potential changes in geomorphology, and to other areas of the shoreline. 5. Proponents of new or replacement hard shoreline stabilization (e.g. bulkheads or revetments) must demonstrate through a documented Riverbank Analysis that bioengineered shoreline protection measures or bioengineering erosion control designs will not provide adequate upland protection of existing structures or would pose a threat or risk to adjacent property. The Study must also demonstrate that the proposed hard shoreline stabilization will not adversely affect other infrastructure or adjacent shorelines. 6. Shoreline armoring such as riprap rock revetments and other hard shoreline stabilization techniques are detrimental to river processes and habitat creation. Where allowed, shoreline armoring shall be designed, constructed and maintained in a manner that does not result in a net loss of shoreline ecological functions, including fish habitat, and shall conform to the requirements of the 2004 Washington State Department of Fish and Wildlife (as amended) criteria and guidelines for integrated stream bank protection and shall conform to the requirements of the 2004 Washington State Department of Fish and Wildlife criteria and guidelines for Integrated Stream Bank Protection (2003 as amended), the U. S. Army Corps of Engineers standards (if required), and other regulatory requirements. The hard shoreline stabilization must be designed and approved by an engineer licensed in the State of Washington and qualified to design shoreline stabilization structures. 7. Shoreline armoring shall be designed to the minimum size, height, bulk and extent necessary to remedy the identified hazard. 8. An applicant must demonstrate the following in order to qualify for the RCW 90.58.030(3)(e)(ii) exemption from the requirement to obtain a shoreline substantial development permit for a proposed single family bulkhead and to insure that the bulkhead will be consistent with the SMP: a. Erosion from currents or waves is imminently threatening a legally established single family detached dwelling unit or one or more appurtenant structures; and b. The proposed bulkhead is more consistent with the City's Master Program in protecting the site and adjoining shorelines and that non-structural alternatives such as slope drainage systems, bioengineering or vegetative growth stabilization, are not feasible or will not adequately protect a legally established residence or appurtenant structure; and c. The proposed bulkhead is located landward of the OHWM or it connects to adjacent, legally established bulkheads; and d. The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters as determined by the National Ocean Survey published by the National Oceanic and Atmospheric Administration. 9. Bulkheads or revetments shall be constructed of suitable materials that will serve to accomplish the desired end with maximum preservation of natural characteristics. Materials with the potential for water quality degradation shall not be used. Design and construction methods shall consider aesthetics and habitat protection. Automobile bodies, tires or other junk or waste material that may release undesirable chemicals or other material shall not be used for shoreline protection. 10. The builder of any bulkhead or revetment shall be financially responsible for determining the nature and the extent of probable adverse effects on fish and wildlife or on the property of others caused by his/her construction and shall propose and implement solutions approved by the City to minimize such effects. 11. When shoreline stabilization is required at a public access site, provision for safe access to the water shall be incorporated in the design whenever possible. 12. Placement of bank protection material shall occur from the top of the bank and shall be supervised by the property owner or contractor to ensure material is not dumped directly onto the bank face. Office of the City Clerk I City of Tukwila Page 161 of 356 Return to Title 13. Bank protection material shall be clean and shall be of a sufficient size to prevent its being washed away by high water flows. 14. When riprap is washed out and presents a hazard to the safety of recreational users of the river, it shall be removed by the owner of such material. 15. Bank protection associated with bridge construction and maintenance may be permitted subject to the provisions of the SMP and shall conform to provisions of the State Hydraulics Code (RCW 77.55) and U.S. Army Corps of Engineer regulations. G. Archaeological, Cultural and Historical Resources. In addition to the requirements of TMC 18.50.110, Archaeological/Paleontological Information Preservation Requirements, the following regulations apply. 1. All land use permits for projects within the shoreline jurisdiction shall be coordinated with affected tribes. 2. If the City determines that a site has significant archaeological, natural scientific or historical value, a substantial development that would pose a threat to the resources of the site shall not be approved. 3. Permits issued in areas documented to contain archaeological resources require a site inspection or evaluation by a professional archaeologist in coordination with affected Indian tribes. The City may require that development be postponed in such areas to allow investigation of public acquisition potential, retrieval and preservation of significant artifacts and/or development of a mitigation plan. Areas of known or suspected archaeological middens shall not be disturbed and shall be fenced and identified during construction projects on the site. 4. Developers and property owners shall immediately stop work and notify the City of Tukwila, the Washington Department of Archaeology and Historic Preservation and affected Indian tribes if archaeological resources are uncovered during excavation. 5. In the event that unforeseen factors constituting an emergency, as defined in RCW 90.58.030, necessitate rapid action to retrieve or preserve artifacts or data identified above, the project may be exempted from any shoreline permit requirements. The City shall notify the Washington State Department of Ecology, the State Attorney General's Office and the State Department of Archaeology and Historic Preservation Office of such an exemption in a timely manner. 6. Archaeological excavations may be permitted subject to the provision of this chapter. 7. On sites where historical or archaeological resources have been identified and will be preserved in situ, public access to such areas shall be designed and managed so as to give maximum protection to the resource and surrounding environment. 8. Interpretive signs of historical and archaeological features shall be provided subject to the requirements of TMC 18.44.080, "Public Access to the Shoreline," when such signage does not compromise the protection of these features from tampering, damage and/or destruction. H. Environmental Impact Mitigation. 1. All shoreline development and uses shall at a minimum occur in a manner that results in no net loss of shoreline ecological functions through the careful location and design of all allowed development and uses. In cases where impacts to shoreline ecological functions from allowed development and uses are unavoidable, those impacts shall be mitigated according to the provisions of this section; in that event, the "no net loss" standard is met. 2. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), RCW 43.21C, is applicable, the analysis of environmental impacts from proposed shoreline uses or developments shall be conducted consistent with the rules implementing SEPA (TMC 21.04 and WAC 197-11). 3. For all development, mitigation sequencing shall be applied in the following order of priority: a. Avoiding the impact altogether by not taking a certain action or parts of an action. Office of the City Clerk I City of Tukwila Page 162 of 356 Return to Title b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts. c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. d. Reducing or eliminating the impact over time by preservation and maintenance operations. e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. f. Monitoring the impact and the compensation projects and taking appropriate corrective measures. 4. In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined by the City to be infeasible or inapplicable. 5. When mitigation measures are appropriate pursuant to the priority of mitigation sequencing above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, if mitigation in the immediate vicinity is not scientifically feasible due to problems with hydrology, soils, waves or other factors, then off-site mitigation within the Shoreline Jurisdiction may be allowed if consistent with the Shoreline Restoration Plan. Mitigation for projects in the Transition Zone must take place in the Transition Zone. In the event a site is not available in the Transition Zone to carry out required mitigation, the project proponent may contribute funds equivalent to the value of the required mitigation to an existing or future restoration project identified in the CIP to be carried out by a public agency in the Transition Zone. I. Off Street Parking and Loading Requirements. In addition to the parking requirements in TMC 18.56, the following requirements apply to all development in the shoreline jurisdiction. 1. Any parking, loading, or storage facilities located between the river and any building must incorporate additional landscaping in accordance with TMC 18.44.060, "Vegetation Protection and Landscaping," or berming or other site planning or design techniques to reduce visual and/or environmental impacts from the parking areas utilizing the following screening techniques: a. A solid evergreen screen of trees and shrubs a minimum of six feet high; or b. Decorative fence a maximum of six feet high with landscaping. Chain link fence, where allowed, shall be vinyl coated and landscaped with native trailing vine or an approved non-native vine other than ivy, except where a security or safety hazard may exist; or c. Earth berms at a minimum of four feet high, planted with native plants in accordance with the Vegetation Protection and Landscaping Section, TMC 18.44.060. 2. Where a parking area is located in the shoreline jurisdiction and adjacent to a public access feature, the parking area shall be screened by a vegetative screen or a built structure that runs the entire length of the parking area adjacent to the amenity. The landscape screening shall comply with the Vegetation Protection and Landscaping Section, TMC 18.44.060. 3. Where public access to or along the shoreline exists or is proposed, parking areas shall provide pedestrian access from the parking area to the shoreline. 4. Parking facilities, loading areas and paved areas shall incorporate low impact development techniques wherever feasible, adequate storm water retention areas, oil/water separators and biofiltration swales, or other treatment techniques and shall comply with the standards and practices formally adopted by the City of Tukwila Public Works Department. J. Land Altering Activities. All land altering activities in the shoreline jurisdiction shall be in conjunction with an underlying land development permit, except for shoreline restoration projects. All activities shall meet the following standards: 1. Clearing, Grading and Landfill. a. Land altering shall be permitted only where it meets the following criteria: (1) The work is the minimum necessary to accomplish an allowed shoreline use; (2) Impacts to the natural environment are minimized and mitigated; (3) Water quality, river flows and/or fish habitat are not adversely affected; Office of the City Clerk I City of Tukwila Page 163 of 356 Return to Title (4) Public access and river navigation are not diminished; (5) The project complies with all federal and state requirements; (6) The project complies with the vegetation protection criteria of the Vegetation Protection and Landscaping Section, TMC 18.44.060; (7) The project will achieve no net loss of shoreline ecological functions or processes. In cases where impacts to shoreline ecological functions from an otherwise allowed land altering project are unavoidable, those impacts shall be mitigated according to the provisions of TMC 18.44.050.H above. In that event, the "no net loss" standard is met; and (8) Documentation is provided to demonstrate that the fill comes from a clean source. b. Clearing, grading and landfill activities, where allowed, shall include erosion control mechanisms, and any reasonable restriction on equipment, methods or timing necessary to minimize the introduction of suspended solids or leaching of contaminants into the river, or the disturbance of wildlife or fish habitats in accordance with the standards in TMC 16.54, "Grading." 2. Dredging. a. Dredging activities must comply with all federal and state regulations. Maintenance dredging of established navigation channels and basins must be restricted to maintaining previously dredged and/or existing authorized location, depth, and width. b. Where allowed, dredging operations must be designed and scheduled so as to ensure no net loss to shoreline ecological functions or processes. In cases where impacts to shoreline ecological functions from allowed dredging are unavoidable, those impacts shall be mitigated according to the provisions of TMC 18.44.050.H above; in that event, the "no net loss" standard is met. K. Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and Other Over -water Structures. 1. General Requirements. a. A dock may be allowed when the applicant has demonstrated a need for moorage to the satisfaction of the Director of Community Development and that the following alternatives have been investigated and are not available or feasible: (1) commercial or marina moorage; (2) floating moorage buoys; (3) joint use moorage pier/dock. b. The Director shall use the following criteria to determine if the applicant has demonstrated a need for moorage in accordance with TMC 18.44.050.K.1.a: (1) Applicant has provided adequate documentation from a commercial marina within 5 river miles that moorage is not available. (2) Floating moorage buoy is technically infeasible as determined by a professional hydrologist. (3) Applicant has provided adequate documentation from any existing moorage pier/dock owner within 5 river miles that joint use is not possible. c. Prior to issuance of a Shoreline Substantial Development Permit for construction of piers, docks, wharves or other over -water structures, the applicant shall present proof of application submittal to State or Federal agencies, as applicable. d. Structures must be designed by a qualified engineer and must demonstrate the project will result in no net loss of shoreline ecological function and will be stable against the forces of flowing water, wave action and the wakes of passing vessels. Office of the City Clerk I City of Tukwila Page 164 of 356 Return to Title e. In -water structures shall be designed and located to minimize shading of native aquatic vegetation and fish passage areas. Removal of shoreline, riparian and aquatic vegetation shall be limited to the minimum extent necessary to construct the project. All areas disturbed by construction shall be replanted with native vegetation as part of the project. f. New or replacement in -water structures shall be designed and located such that natural hydraulic and geologic processes, such as erosion, wave action or floods will not necessitate the following: (1) reinforcement of the shoreline or stream bank with new bulkheads or similar artificial structures to protect the in -water structure; or (2) dredging. g. No structures are allowed on top of over -water structures except for properties located north of the Turning Basin. h. Pilings or other associated structures in direct contact with water shall not be treated with preservatives unless the applicant can demonstrate that no feasible alternative to protect the materials exists and that non -wood alternatives are not economically feasible. In that case, only compounds approved for marine use may be used and must be applied by the manufacturer per current best management practices of the Western Wood Preservers Institute. The applicant must present verification that the best management practices were followed. The preservatives must also be approved by the Washington Department of Fish and Wildlife. i. All over -water structures shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe over -water structures shall be removed or repaired promptly by the owner. Accumulated debris shall be regularly removed and disposed of properly so as not to jeopardize the integrity of the structure. Replacement of in -water structures shall include proper removal of abandoned or other man-made structures and debris. j. Boat owners who store motorized boats on-site are encouraged to use best management practices to avoid fuel and other fluid spills. 2. Marinas, Boat Yards and Dry Docks. a. All uses under this category shall be designed to achieve no net loss of shoreline ecological functions. In cases where impacts to shoreline ecological functions from uses allowed under this category are unavoidable, those impacts shall be mitigated according to the provisions of TMC 18.44.050.H above; in that event, the "no net loss" standard is met. b. Commercial/industrial marinas and dry docks shall be located no further upriver than Turning Basin #3. c. Marinas shall be located, designed, constructed and operated to avoid or minimize adverse impacts on fish, wildlife, water quality, native shoreline vegetation, navigation, public access, existing in -water recreational activities and adjacent water uses. d. Marinas shall submit a fuel spill prevention and contingency plan to the City for approval. Haul -out and boat maintenance facilities must meet the City's stormwater management requirements and not allow the release of chemicals, petroleum or suspended solids to the river. e. Marinas, boat yards and dry docks must be located a minimum of 100 feet from fish and wildlife habitat areas f. New marinas, launch ramps and accessory uses must be located where water depths are adequate to avoid the need for dredging. 3. Boat Launches and Boat Lifts. a. Boat launch ramps and vehicle access to the ramps shall be designed to not cause erosion; the use of pervious paving materials, such as grasscrete, are encouraged. b. Boat launch ramps shall be designed to minimize areas of landfill or the need for shoreline protective structures. Office of the City Clerk I City of Tukwila Page 165 of 356 Return to Title c. Access to the boat ramp and parking for the ramp shall be located a sufficient distance from any frontage road to provide safe maneuvering of boats and trailers. d. Launching rails shall be adequately anchored to the ground. Launch ramps and boat lifts shall extend waterward past the OHWM only as far as necessary to achieve their purpose. f. Boat lifts and canopies must meet the standards of the U.S. Army Corps of Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh and Marine/Estuarine Waters within the State of Washington. 4. Over -water Structures. Where allowed, over -water structures such as piers, wharves, bridges, and docks shall meet the following standards: a. The size of new over -water structures shall be limited to the minimum necessary to support the structure's intended use and to provide stability in the case of floating docks. Structures must be compatible with any existing channel control or flood management structures. b. Over -water structures shall not extend waterward of the OHWM any more than necessary to permit launching of watercraft, while also ensuring that watercraft do not rest on tidal substrate at any time. c. Adverse impacts of over -water structures on water quality, river flows, fish habitat, shoreline vegetation, and public access shall be minimized and mitigated. Mitigation measures may include joint use of existing structures, open decking or piers, replacement of non-native vegetation, installation of in -water habitat features or restoration of shallow water habitat. d. Any proposals for in -water or over -water structures shall provide a pre -construction habitat evaluation, including an evaluation of salmonid and bull trout habitat and shoreline ecological functions, and demonstrate how the project achieves no net loss of shoreline ecological functions. e. Over -water structures shall obtain all necessary state and federal permits prior to construction or repair. f. All over -water structures must be designed by a qualified engineer to ensure they are adequately anchored to the bank in a manner so as not to cause future downstream hazards or significant modifications to the river geomorphology and are able to withstand high flows. g. Over -water structures shall not obstruct normal public use of the river for navigation or recreational purposes. h. Shading impacts to fish shall be minimized by using grating on at least 30% of the surface area of the over - water structure on residential areas and at least 50% of the over -water structure on all other properties. This standard may be modified for bridges if necessary to accommodate the proposed use. The use of skirting is not permitted. i. If floats are used, the flotation shall be fully enclosed and contained in a shell (such as polystyrene) that prevents breakup or loss of the flotation material into the water, damage from ultraviolet radiation, and damage from rubbing against pilings or waterborne debris. j. Floats may not rest on the tidal substrate at any time and stoppers on the piling anchoring the floats must be installed to ensure at least 1 foot of clearance above the substrate. Anchor lines may not rest on the substrate at any time. k. The number of pilings to support over -water structures, including floats, shall be limited to the minimum necessary. Pilings shall conform to the pilings standards contained in the US Army Corps of Engineers Regional General Permit No. 6. I. No over -water structure shall be located closer than five feet from the side property line extended, except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed upon by the property owners in an easement recorded with King County. A copy of this agreement shall be submitted to the Department of Community Development and accompany an application for a development permit and/or Shoreline Permit. 5. Live-Aboards. New over -water residences are prohibited. Live-aboards may be allowed provided that: a. They are for single-family use only. Office of the City Clerk I City of Tukwila Page 166 of 356 Return to Title b. They are located in a marina that provides shower and toilet facilities on land and there are no sewage discharges to the water. c. Live-aboards do not exceed 10 percent of the total slips in the marina. d. They are owner -occupied vessels. e. There are on -shore support services in proximity to the live-aboards. L. Signs in Shoreline Jurisdiction. 1. Signage within the shoreline buffer is limited to the following: a. Interpretative signs and restoration signage, including restoration sponsor acknowledgment. b. Signs for water -related uses. c. Signs installed by a government agency for public safety along any public trail or at any public park. d. Signs installed within the rights of way of any public right-of-way or bridge within the shoreline buffer. e. Signs installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 2. Billboards and other off -premise signs are strictly forbidden in the shoreline buffer. [Ord. 2765 §70, 2025; Ord. 2741 §4 (part), 2024] 18.44.060 Vegetation Protection and Landscaping A. Purpose. 1. The purpose of this section is to: a. Regulate the protection of existing trees and native vegetation in the shoreline jurisdiction; b. Establish requirements for removal of invasive plants at the time of development or re -development of sites; c. Establish requirements for landscaping for new development or re -development; d. Establish requirements for the long-term maintenance of native vegetation to prevent establishment of invasive species and promote shoreline ecosystem processes. 2. The City's goal is to: a. Preserve as many existing trees as possible and increase the number of native trees, shrubs and other vegetation in the shoreline because of their importance to shoreline ecosystem functions as listed below: (1) Overhead tree canopy to provide shade for water temperature control; (2) Habitat for birds, insects and small mammals; (3) Vegetation that overhangs the river to provide places for fish to shelter; (4) Source of insects for fish; (5) Filtering of pollutants and slowing of stormwater prior to its entering the river; and (6) A long-term source of woody debris for the river. b. In addition, trees and other native vegetation are important for aesthetics. It is the City's goal that unsightly invasive vegetation, such as blackberries, be removed from the shoreline and be replaced with native vegetation to promote greater enjoyment of and access to the river. c. The City will provide information to property owners for improving vegetation in the shoreline jurisdiction and will work collaboratively with local citizen groups to assist property owners in the removal of invasive vegetation and planting of native vegetation, particularly for residential areas. Office of the City Clerk I City of Tukwila Page 167 of 356 Return to Title B. Applicability. 1. This chapter sets forth rules and regulations to control maintenance and clearing of trees and other vegetation within the City of Tukwila for properties located within the shoreline jurisdiction. For properties located within a critical area or its associated buffer, the maintenance and removal of trees shall be governed by TMC 18.45. TMC 18.54, "Urban Forestry and Tree Regulations", shall govern tree removal on all undeveloped properties, and all developed properties that contain exclusively residential uses that do not meet the definition of 'Multi -Family'. TMC 18.52, "Landscape Requirements," shall govern the maintenance and removal of trees on all developed properties that contain commercial, industrial, multi -family, and mixed uses. The most stringent regulations shall apply in case of a conflict. 2. With the exception of residential development/re-development of 4 or fewer residential units, all activities and developments within the shoreline environment must comply with the landscaping and maintenance requirements of this section, whether or not a shoreline substantial development permit is required. Single family residential projects are not exempt if implementing a shoreline stabilization project or overwater structure. 3. The tree protection and retention requirements and the vegetation management requirements apply to existing uses as well as new or re -development. C. Minor Activities Allowed without a Permit or Exemption. 1. The following activities are allowed without a permit or exemption: a. Maintenance of existing, lawfully established areas of crop vegetation, landscaping (including paths and trails) or gardens within shoreline jurisdiction. Examples include, mowing lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non-invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas. Cutting down trees and shrubs within the shoreline jurisdiction is not covered under this provision. Excavation, filling, and construction of new landscaping features, such as concrete work, berms and walls, are not covered in this provision and are subject to review; b. Noxious weed control within shoreline jurisdiction, if work is selective only for noxious species; is done by hand removal/spraying of individual plants; spraying is conducted by a licensed applicator (with the required aquatic endorsements from the Washington State Department of Ecology if work is in an aquatic site); and no area -wide vegetation removal or grubbing is conducted. Control methods not meeting these criteria may still be approved under other provisions of this chapter. D. Tree Retention and Replacement. 1. Retention: a. As many significant trees and as much native vegetation as possible are to be retained on a site proposed for development or re -development, taking into account the condition and age of the trees. As part of a land use application such as but not limited to subdivision, design review, or development permit review, the Director may require alterations in the arrangement of buildings, parking or other elements of proposed development in order to retain significant non-invasive trees, particularly those that provide shading to the river. b. Topping of trees is prohibited and will be regulated as removal with tree replacement required. c. Trees may only be pruned to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Pruning more than 25% of the canopy in a 36 month period shall be regulated as removal with tree replacement required. 2. Permit Requirements. Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal and Vegetation Clearing Permit application must be submitted to the Department containing the following information: a. A vegetation survey on a site plan that shows the diameter, species and location of all significant trees and all existing native vegetation. Office of the City Clerk I City of Tukwila Page 168 of 356 Return to Title b. A site plan that shows trees and native vegetation to be retained and trees to be removed and provides a table showing the number of significant trees to be removed and the number of replacement trees required. c. Tree protection zones and other measures to protect any trees or native vegetation that are to be retained for sites undergoing development or re -development. d. Location of the OHWM, shoreline buffer, Shoreline Jurisdiction boundary and any critical areas with their buffers e. A landscape plan that shows diameter, species name, spacing and planting location for any required replacement trees and other proposed vegetation. f. An arborist evaluation justifying the removal of hazardous trees if required by the Department. g. An application fee per the current Land Use Permit Fee resolution. 3. Criteria for Shoreline Tree Removal: A Type 2 Shoreline Tree Removal and Vegetation Clearing Permit shall only be approved by the Director if the proposal complies with the following: chapter; and a. The site is undergoing development or redevelopment; or b. The proposal complies with tree retention, replacement, maintenance, and monitoring requirements of this c. Either: (1) Tree poses a risk to structures; or (2) There is imminent potential for root or canopy interference with utilities; or (3) Trees interfere with the access and passage on public trails; or (4) Tree condition and health is poor; the City may require an evaluation by an International Society of Arborists (ISA) certified arborist; or (5) Trees present an imminent hazard to the public. If the hazard is not readily apparent, the City may require an evaluation by an International Society of Arborists (ISA) certified arborist. 4. Tree Replacement Requirements: a. Significant trees that are removed, illegally topped, or pruned by more than 25 percent in 36 month period within the shoreline jurisdiction shall be replaced pursuant to the tree replacement requirements shown below, up to a density of 100 trees per acre (including existing trees). b. Significant trees that are removed as part of an approved landscape plan on a developed site are subject to replacement per TMC 18.52. Dead or dying trees removed from developed or landscaped areas shall be replaced 1:1 in the next appropriate season for planting. c. Dead or dying trees located within the buffer or undeveloped upland portion of the Shoreline Jurisdiction shall be left in place as wildlife snags, unless they present a hazard to structures, facilities or the public. Removal of non- hazardous trees as defined by TMC 18.06 in non-developed areas are subject to the tree replacement requirements listed in the table below. d. The Director may require additional trees or shrubs to be installed to mitigate any potential impact from the loss of this vegetation as a result of new development. Tree Replacement Re uirements Diameter* of Tree Removed (*measured at height of 4.5 feet from the round) Number of Replacement Trees Required 4 - 6 inches (single trunk); 2 inches (any trunk of a multi -trunk tree 3 Over 6 - 8 inches 4 Over 8 - 20 inches 6 Over 20 inches 8 Office of the City Clerk I City of Tukwila Page 169 of 356 Return to Title e. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the project. Replaced trees that do not survive must be replanted in the next appropriate season for planting. f. If all required replacement trees cannot be reasonably accommodated on the site, off-site tree replacement within the shoreline jurisdiction may be allowed at a site approved by the City. Priority for off-site tree planting will be at locations within the Transition Zone. If no suitable off-site location is available, the applicant shall pay a fee into a tree replacement fund per the adopted fee resolution. 5. Large Woody Debris (LWD): When a tree suitable for use as LWD is permitted to be removed from the shoreline buffer, the tree trunk and root ball (where possible) will be saved for use in a restoration project elsewhere in the shoreline jurisdiction. The applicant will be responsible for the cost of moving the removed tree(s) to a location designated by the City. If no restoration project or storage location is available at the time, the Director may waive this requirement. Trees removed in the shoreline jurisdiction outside the buffer shall be placed as LWD in the buffer (not on the bank), if feasible. Priority for LWD placement projects will be in the Transition Zone. E. Tree Protection During Development and Redevelopment. All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Qualified Tree Professional to review long term viability of the tree. 3. Physical barriers, such as 6 -foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 4. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director 5. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC 18.44." 6. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 7. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 8. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. Office of the City Clerk I City of Tukwila Page 170 of 356 Return to Title 9. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 10. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 11. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 12. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 13. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. F. Landscaping. 1. General Requirements. For any new development or redevelopment in the Shoreline Jurisdiction, except single family residential development of 4 or fewer lots, invasive vegetation must be removed and native vegetation planted and maintained in the Shoreline Buffer, including the river bank. a. The landscaping requirements of this subsection apply for any new development or redevelopment in the Shoreline Jurisdiction, except: single family residential development of 4 or fewer lots. The extent of landscaping required will depend on the size of the proposed project. New development or full redevelopment of a site will require landscaping of the entire site. For smaller projects, the Director will review the intent of this section and the scope of the project to determine a reasonable amount of landscaping to be carried out. b. Invasive vegetation must be removed as part of site preparation and native vegetation planted, including the river bank to OHWM. c. On properties located landward of publicly maintained levees, an applicant is not required to remove invasive vegetation or plant native vegetation on the levees, however the remaining buffer landward of the levee shall be improved and invasive vegetation planted. d. Removal of invasive species shall be done by hand or with hand-held power tools. Where not feasible and mechanized equipment is needed, the applicant must obtain a Shoreline Tree Removal and Vegetation Clearing Permit and show how the slope stability of the bank will be maintained. A plan must be submitted indicating how the work will be done and what erosion control and tree protection features will be utilized. Federal and State permits may be required for vegetation removal with mechanized equipment. e. Trees and other vegetation shading the river shall be retained or replanted when riprap is placed, as specified in the approved tree permit if a permit is required. f. Removal of invasive vegetation may be phased over several years prior to planting, if such phasing is provided for by a plan approved by the Director to allow for alternative approaches, such as sheet mulching and goat grazing. The method selected shall not destabilize the bank or cause erosion. g. A combination of native trees, shrubs and groundcovers (including grasses, sedges, rushes and vines) shall be planted. The plants listed in the Riparian Restoration and Management Table of the 2004 Washington Stream Habitat Restoration Guidelines (Washington Department of Fish and Wildlife, Washington Department of Ecology, and U.S. Fish and Wildlife Service, Olympia, Washington, as amended) shall provide the basis for plant selection. Site conditions, such as topography, exposure, and hydrology shall be taken into account for plant selection. Other species may be approved if there is adequate justification. h. Non-native trees may be used as street trees or in approved developed landscape areas where conditions are not appropriate for native trees (for example where there are space or height limitations or conflicts with utilities). i. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape Association — ANLA). Office of the City Clerk I City of Tukwila Page 171 of 356 Return to Title j. Plant sizes in the non -buffer areas of all Shoreline Environments shall meet the following minimum size standards: Deciduous trees 2 -inch caliper Conifers 6 — 8 foot height Shrubs 24 -inch height Groundcover/grasses 4 -inch or 1 gallon container k. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are preferred for buffer plantings. Willow stakes must be at least 1/2 -inch in diameter. I. Site preparation and planting of vegetation shall be in accordance with best management practices for ensuring the vegetation's long-term health and survival. m. Plants maybe selected and placed to allow for public and private view corridors and/or access to the water's edge. n. Native vegetation in the shoreline installed in accordance with the preceding standards shall be maintained by the property owner to promote healthy growth and prevent establishment of invasive species. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according to the approved maintenance plan. o. Areas disturbed by removal of invasive plants shall be replanted with native vegetation where necessary to maintain the density shown in TMC 18.44.060.B.4. and must be replanted in a timely manner, except where a long term removal and re -vegetation plan, as approved by the City, is being implemented. p. Landscape plans shall include a detail on invasive plant removal and soil preparation. q. The following standards apply to utilities and loading docks located in the shoreline jurisdiction. (1) Utilities such as pumps, pipes, etc. shall be suitably screened with native vegetation; (2) Utility easements shall be landscaped with native groundcover, grasses or other low -growing plants as appropriate to the shoreline environment and site conditions; (3) Allowed loading docks and service areas located waterward of the development shall have landscaping that provides extensive visual separation from the river. 2. Shoreline Buffer Landscaping Requirements in all Shoreline Environments. The Shoreline Buffer in all shoreline environments shall function, in part, as a vegetation management area to filter sediment, capture contaminants in surface water run-off, reduce the velocity of water run-off, and provide fish and wildlife habitat. a. A planting plan prepared by an approved biologist shall be submitted to the City for approval that shows plant species, size, number and spacing. The requirement for a biologist may be waived by the Director for single family property owners (when planting is being required as mitigation for construction of overwater structures or shoreline stabilization). b. Plants shall be installed from the OHWM to the upland edge of the Shoreline Buffer unless the Director determines that site conditions would make planting unsafe. c. Plantings close to and on the bank shall include native willows, red osier dogwood and other native vegetation that will extend out over the water, to provide shade and habitat functions when mature. Species selected must be able to withstand seasonal water level fluctuations. d. Minimum plant spacing in the buffer shall follow the Shoreline Buffer Vegetation Planting Densities Table shown in TMC 18.44.060.F.2. Existing non-invasive plants may be included in the density calculations. e. Irrigation for buffer plantings is required for at least two dry seasons or until plants are established. An irrigation plan is to be included as part of the planting plan. Office of the City Clerk I City of Tukwila Page 172 of 356 Return to Title f. In the event that a development project allows for setback and benching of the shoreline along an existing levee or revetment, the newly created mid -slope bench area shall be planted and maintained with a variety of native vegetation appropriate for site conditions. g. The Director, in consultation with the City's Urban Environmentalist, may approve the use of shrub planting and installation of willow stakes to be counted toward the tree replacement standard in the buffer if proposed as a measure to control invasive plants and increase buffer function. Shoreline Buffer Vegetation Planting Densities Table Plant Material Type Planting Density Stakes/cuttings along river bank (willows, red osier dogwood) 1 - 2 feet on center or per bioengineering method Shrubs 3 - 5 feet on center, depending on species Trees 15 — 20 feet on center, depending on species Groundcovers, grasses, sedges, rushes, other herbaceous plants 1 —1.5 feet on center, depending on species Native seed mixes 5 - 25 lbs per acre, depending onspecies 3. Landscaping Requirements for the Urban Conservancy and High Intensity Environments — Outside of the Shoreline Buffer. For the portions of property within the Shoreline Jurisdiction landward of the Shoreline Buffer the landscape requirements in the General section of this chapter and the requirements for the underlying zoning as established in TMC 18.52 shall apply except as indicated below. a. Parking Lot Landscape Perimeters: One native tree for each 20 lineal feet of required perimeter landscaping, one shrub for each 4 lineal feet of required perimeter landscaping, and native groundcovers to cover 90% of the landscape area within 3 years, planted at a minimum spacing of 12 inches on -center. b. Interior Parking Lot Landscaping: Every 300 square feet of paved surface requires 10 square feet of interior landscaping within landscape islands separated by no more than 150 feet between islands. c. Landscaping shall be provided at yards not adjacent to the river, with the same width as required in the underlying zoning district. This standard may be reduced as follows: (1) Where development provides a public access corridor between off-site public area(s) and public shoreline areas, side yard landscaping may be reduced by 25 percent to no less than 3 feet; or (2) Where development provides additional public access area(s) (as allowed by the High Intensity and Urban Conservancy Environment Development Standards) equal in area to at least 2.5% of total building area, front yard landscaping may be reduced by 25 percent. G. Vegetation Management in the Shoreline Jurisdiction. The requirements of this section apply to all existing and new development within the shoreline jurisdiction. 1. Trees and shrubs may only be pruned for safety, to maintain views or access corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility lines, and/or for improving shoreline ecological function. No more than 25% may be pruned from a tree within a 36 month period without prior City review and is subject to replacement ratios of this chapter. This type of pruning is exempt from any permit requirements. Topping of trees is prohibited and shall be regulated as removal with tree replacement required except where absolutely necessary to avoid interference with existing utilities. 2. Plant debris from removal of invasive plants or pruning shall be removed from the site and disposed of properly. 3. Use of pesticides. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the shoreline jurisdiction except where: (1) Alternatives such as manual removal, biological control, and cultural control are not feasible given the size of the infestation, site characteristics, or the characteristics of the invasive plant species; Office of the City Clerk I City of Tukwila Page 173 of 356 Return to Title (2) The use of pesticides has been approved through a comprehensive vegetation or pest management and monitoring plan; (3) The pesticide is applied in accordance with state regulations; (4) The proposed herbicide is approved for aquatic use by the U.S. Environmental Protection Agency; and (5) The use of pesticides in the shoreline jurisdiction is approved in writing by the Department of Ecology or Washington Department of Agriculture. b. Self-contained rodent bait boxes designed to prevent access by other animals are allowed. c. Sports fields, parks, golf courses and other outdoor recreational uses that involve maintenance of extensive areas of turf shall provide and implement an integrated turf management program or integrated pest management plan designed to ensure that water quality in the river is not adversely impacted. 4. Restoration Project Plantings: Restoration projects may overplant the site as a way to discourage the re- establishment of invasive species. Thinning of vegetation to improve plant survival and health without a separate shoreline vegetation removal permit may be permitted five to ten years after planting if this approach is approved as part of the restoration project's maintenance and monitoring plan. H. Maintenance and Monitoring. The property owner is required to ensure the viability and long term health of vegetation planted for replacement or mitigation through proper care and maintenance for the life of the project subject to the permit requirements as follows: 1. Tree Replacement and Vegetation Clearing Permit Requirements: a. Schedule an inspection with the City's Urban Environmentalist to document planting of the correct number and type of plants. b. Submit annual documentation of tree and vegetation health to the City for three years. 2. Restoration and Mitigation Project Requirements: a. A five-year maintenance and monitoring plan must be approved by the City prior to permit issuance. The monitoring period will begin when the restoration is accepted by the City and as -built plans have been submitted. b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring period. Reports shall measure survival rates against project goals and present contingency plans to meet project goals. c. Mitigation will be complete after project goals have been met and accepted by the City's Urban Environmentalist. d. A performance bond or financial security equal to 150% of the cost of labor and materials required for implementation of the planting, maintenance and monitoring shall be submitted prior to City acceptance of project. [Ord. 2765 §71, 2025; Ord. 2741 §4 (part), 2024] 18.44.070 Environmentally Critical Areas within the Shoreline Jurisdiction A. Applicable Critical Areas Regulations. The following critical areas, located in the shoreline jurisdiction, shall be regulated in accordance with the provisions of the Critical Areas Ordinance TMC 18.45, (Ordinance No. 2625, March 2, 2020), which is herein incorporated by reference into this SMP, except as provided in TMC 18.44.070.B. Said provisions shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the provisions adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of TMC 18.45 shall be liberally construed together with the Shoreline Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the Shoreline Master Program, the most restrictive provisions shall prevail. Office of the City Clerk I City of Tukwila Page 174 of 356 Return to Title 1. Wetlands 2. Watercourses (Type F, Type Np, Type Ns) 3. Areas of potential geologic instability 4. Fish and wildlife habitat conservation areas B. The following provisions in TMC 18.45 do not apply to critical areas in the shoreline jurisdiction: 1. Critical Area Master Plan Overlay (TMC 8.45.160). 2. Reasonable Use Exception (TMC 18.45.180). Exceptions within shoreline jurisdiction shall require a shoreline variance based on the variance criteria listed in TMC 18.44.110.F and WAC 173-27-170. 3. Time Limitation, Appeals, and Vesting (TMC 18.45.190). 4. Wetlands Uses, Alterations and Mitigation (TMC 18.45.090). Activities and alterations to wetlands and their buffers located within shoreline jurisdiction shall be subject to the provisions and permitting mechanisms of this Master Program. C. Shoreline buffer widths are defined in TMC 18.44.040. D. Future amendments to the Critical Areas Ordinance require Department of Ecology approval of an amendment to this Master Program to incorporate updated language. E. If provisions of the Critical Areas Ordinance conflict with provisions of this Master Program, the provisions that are the most protective of the ecological resource shall apply, as determined by the Director. F. If there are provisions of the Critical Areas Ordinance that are not consistent with the Shoreline Management Act, RCW 90.58, and supporting WAC chapters, those provisions shall not apply. G. Areas of seismic instability are also defined as critical areas. These areas are regulated by the Washington State Building Code, rather than by TMC 18.44.070. Additional building standards applicable to frequently flooded areas are included in the Flood Zone Management Code (TMC 16.52). [Ord. 2741 §4 (part), 2024] 18.44.080 Public Access to the Shoreline A. Applicability. 1. Public access shall be provided on all property that abuts the Green/Duwamish River shoreline in accordance with this section as further discussed below where any of the following conditions are present: a. Where a development or use will create increased demand for public access to the shoreline, the development or use shall provide public access to mitigate this impact. For the purposes of this section, an "increase in demand for public access" is determined by evaluating whether the development reflects an increase in the land use intensity (for example converting a warehouse to office or retail use), or a significant increase in the square footage of an existing building. A significant increase is defined as an increase of at least 3,000 square feet. b. Where a development or use will interfere with an existing public access way, the development or use shall provide public access to mitigate this impact. Impacts to public access may include blocking access or discouraging use of existing on-site or nearby accesses. c. Where a use or development will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact. d. Where the development is proposed by a public entity or on public lands. e. Where identified on the Shoreline Public Access Map in the Shoreline Master Program. f. Where a land division of five or greater lots, or a residential project of five or greater residential units, is proposed. Office of the City Clerk I City of Tukwila Page 175 of 356 Return to Title 2. The extent of public access required will be proportional to the amount of increase in the demand for public access. For smaller projects, the Director will review the intent of this section and the scope of the project to determine a reasonable amount of public access to be carried out. Depending on the amount of increase, the project may utilize the alternative provisions for meeting public access in TMC 18.44.080.F. The terms and conditions of TMC 18.44.080.A and 18.44.080.B shall be deemed satisfied if the applicant and the City agree upon a master trail plan providing for public paths and trails within a parcel or group of parcels. 3. The provisions of this section do not apply to the following: a. Short subdivisions of four or fewer lots; b. Where providing such access would cause unavoidable health or safety hazards; c. Where an area is limited to authorized personnel and providing such access would create inherent and unavoidable security problems that cannot be mitigated through site design or fencing; or d. Where providing such access would cause significant ecological impacts that cannot be mitigated. An applicant claiming an exemption under items 3(b) - (d) above must comply with the procedures in TMC 18.44.080.F. B. General Standards. 1. To improve public access to the Green/Duwamish River, sites shall be designed to provide: a. Safe, visible and accessible pedestrian and non -motorized vehicle connections between proposed development and the river's edge, particularly when the site is adjacent to the Green River Trail or other approved trail system; and b. Public pathway entrances that are clearly visible from the street edge and identified with signage; and c. Clearly identified pathways that are separate from vehicular circulation areas. This may be accomplished through the use of distinct paving materials, changes in color or distinct and detailed scoring patterns and textures. d. Site elements that are organized to clearly distinguish between public and private access and circulation systems. 2. Required public access shall be fully developed and available for public use at the time of occupancy in accordance with development permit conditions except where the decision maker determines an appropriate mechanism for delayed public access implementation is necessary for practical reasons. Where appropriate, a bond or cash assignment may be approved, on review and approval by the Director of Community Development, to extend this requirement for 90 days from the date the Certificate of Occupancy is issued. 3. Public access easements and related permit conditions shall be recorded on the deed of title or the face of the plat or approved site plan, as a condition tied to the use of the land. Recording with the County shall occur prior to the issuance of an Occupancy Permit or final subdivision approval. Upon re -development of such a site, the easement may be relocated to facilitate the continued public access to the shoreline. 4. Approved signs indicating the public's right of access and hours of access, if restricted, shall be constructed, installed and maintained by the applicant in conspicuous locations at public access sites. Signs should be designed to distinguish between public and private areas. Signs controlling or restricting public access may be approved as a condition of permit approval. 5. Required access must be maintained in perpetuity. 6. Public access features shall be separated from residential uses through the use of setbacks, low walls, berms, landscaping, or other device of a scale and materials appropriate to the site. 7. Shared public access between developments is encouraged. Where access is to be shared between adjacent developments, the minimum width for the individual access easement may be reduced, provided the total width of easements contributed by each adjacent development equals a width that complies with Fire Department requirements and/or exceeds the minimum for an individual access. Office of the City Clerk I City of Tukwila Page 176 of 356 Return to Title 8. Public access sites shall be connected directly to the nearest public area (e.g., street, public park, or adjoining public access easement). Where connections are not currently possible, the site shall be designed to accommodate logical future connections. C. Requirements for Shoreline Trails. Where public access is required under TMC 18.44.080.A.1, the requirement will be met by provision of a shoreline trail as follows: 1. Development on Properties Abutting Existing Green River Trail. An applicant seeking to develop property abutting the existing trail shall meet public access requirements by upgrading the trail along the property frontage to meet the standards of a 12 -foot -wide trail with 2 -foot shoulders on each side. If a 12 -foot -wide trail exists on the property, it shall mean public access requirements have been met if access to the trail exists within 1,000 feet of the property. 2. Development on Properties Where New Regional Trails are Planned. An applicant seeking to develop property abutting the river in areas identified for new shoreline trail segments shall meet public access requirements by dedicating a 16 -foot -wide trail easement to the City for public access along the river. 3.On-site Trail Standards. Trails providing access within a property, park or restoration site shall be developed at a width appropriate to the expected usage and environmental sensitivity of the site. D. Publicly -Owned Shorelines. 1. Shoreline development by any public entities, including but not limited to the City of Tukwila, King County, port districts, state agencies, or public utility districts, shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, impact to the shoreline environment or other provisions listed in this section. 2. The following requirements apply to street ends and City -owned property adjacent to the river. a. Public right-of-way and "road -ends," or portions thereof, shall not be vacated and shall be maintained for future public access. b. Unimproved right-of-ways and portions of right-of-ways, such as street ends and turn -outs, shall be dedicated to public access uses until such time as the portion becomes improved right-of-way. Uses shall be limited to passive outdoor recreation, hand carry boat launching, fishing, interpretive/educational uses, and/or parking that accommodates these uses, and shall be designed so as to not interfere with the privacy of adjacent residential uses. c. City -owned facilities within the Shoreline Jurisdiction shall provide new trails and trail connections to the Green River Trail in accordance with approved plans and this SMP. d. All City -owned recreational facilities within the Shoreline Jurisdiction, unless qualifying for an exemption as specified in this chapter, shall make adequate provisions for: (1) Non -motorized and pedestrian access; (2) The prevention of trespass onto adjacent properties through landscaping, fencing or other appropriate measures; (3) Signage indicating the public right-of-way to shoreline areas; and (4) Mechanisms to prevent environmental degradation of the shoreline from public use. E. Public Access Incentives. 1. The minimum yard setback for buildings, uses, utilities or development from non-riverfront lot lines may be reduced as follows: a. Where a development provides a public access corridor that connects off-site areas or public shoreline areas to public shoreline areas, one side yard may be reduced to a zero lot line placement; or b. Where a development provides additional public access area(s) equal in area to at least 2.5% of total building area, the front yard (the landward side of the development) may be reduced by 50%. 2. The maximum height for structures within the shoreline jurisdiction may be increased by 15 feet when: Office of the City Clerk I City of Tukwila Page 177 of 356 Return to Title a. Development devotes at least 5% of its building or land area to public shoreline access; or b. Development devotes at least 10% of its land area to employee shoreline access. 3. The maximum height for structures within the shoreline jurisdiction may be increased by 15 feet for properties that construct a 12 -foot -wide paved trail with a 2 -foot -wide shoulder on each side for public access along the river in areas identified for new shoreline trail segments, or where, in the case of properties containing or abutting existing public access trails, the existing trail either meets the standard of a 12 -foot -wide trail with 2 -foot -wide shoulders on either side or the property owner provides any necessary easements and improvements to upgrade the existing trail to that standard along the property frontage. 4. During the project review, the project proponent shall affirmatively demonstrate that the increased height for structures authorized in subparagraphs E.2 and E.3 of this section will: a. Not block the views of a substantial number of residences; b. Not cause environmental impacts such as light impacts adversely affecting the river corridor; c. Achieve no net loss of ecological function; and d. Not combine incentives to increase the allowed building height above the maximum height in the parcel's zoning district. F. Exemptions from Provision of On -Site Public Access. 1. Requirements for providing on-site general public access, as distinguished from employee access, will not apply if the applicant can demonstrate one or more of the following: a. Unavoidable health or safety hazards to the public exist such as active railroad tracks or hazardous chemicals related to the primary use that cannot be prevented by any practical means. b. The area is limited to authorized personnel and inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions. c. The cost of providing the access, easement or other public amenity on or off the development site is unreasonably disproportionate to the total long-term cost of the proposed development. d. Unavoidable environmental harm or net loss of shoreline ecological functions that cannot be adequately mitigated will result from the public access. e. Access is not feasible due to the configuration of existing parcels and structures, such that access areas are blocked in a way that cannot be remedied reasonably by the proposed development. f. Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated. g. Space is needed for water -dependent uses or navigation. 2. In order to meet any of the above -referenced conditions, the applicant must first demonstrate that all reasonable alternatives have been exhausted including, but not limited to: a. Regulating access by such means as maintaining a gate and/or limiting hours of use; b. Designing separation of uses and activities through fencing, terracing, hedges or other design features; or c. Providing access on a site geographically separate from the proposal such as a street end cannot be accomplished. 3. If the above conditions are demonstrated, and the proposed development is not subject to the Parks Impact Fee, alternative provisions for meeting public access are required and include: a. Development of public access at an adjacent street end; or Office of the City Clerk I City of Tukwila Page 178 of 356 Return to Title b. Protection through easement or setbacks of landmarks, unique natural features or other areas valuable for their interpretive potential; or c. Contribution of materials and/or labor toward projects identified in the Parks and Recreation Master Plan, the Shoreline Restoration Plan, or other City adopted plan; or d. In lieu of providing public access under this section, at the Director's discretion, a private applicant may provide restoration/enhancement of the shoreline jurisdiction to a scale commensurate with the foregone public access. [Ord. 2741 §4 (part), 2024] 18.44.090 Shoreline Design Guidelines A. The Green/Duwamish River is an amenity that should be valued and celebrated when designing projects that will be located along its length. If any portion of a project falls within the shoreline jurisdiction, then the entire project will be reviewed under these guidelines as well as the relevant sections of the Design Review Chapter of the Zoning Code (TMC 18.60). The following standards apply to development, uses and activities in the Urban Conservancy and High Intensity Environments and non-residential development in the Shoreline Residential Environment. 1. Relationship of Structure to Site. Development within the shoreline jurisdiction shall demonstrate compliance with the following: a. Reflect the shape of the shoreline; b. Orient building elements to site such that public river access, both visual and physical is enhanced; c. Orient buildings to allow for casual observation of pedestrian and trail activity from interior spaces; d. Site and orient buildings to provide maximum views from building interiors toward the river and the shoreline; e. Orient public use areas and private amenities towards the river; f. Clearly allocate spaces, accommodating parking, vehicular circulation and buildings to preserve existing stands of vegetation or trees so that natural areas can be set aside, improved, or integrated into site organization and planning; g. Clearly define and separate public from non-public spaces with the use of paving, signage, and landscaping. 2. Building Design. Development within the shoreline jurisdiction shall demonstrate compliance with the following: a. To prevent building mass and shape from overwhelming the desired human scale along the river, development shall avoid blank walls on the public and river sides of buildings. b. Buildings should be designed to follow the curve of the river and respond to changes in topography; buildings must not "turn their back" to the river. c. Design common areas in buildings to take advantage of shoreline views and access; incorporate outdoor seating areas that are compatible with shoreline access. d. Consider the height and scale of each building in relation to the site. e. Extend site features such as plazas that allow pedestrian access and enjoyment of the river to the landward side of the buffer's edge. f. Locate lunchrooms and other common areas to open out onto the water -ward side of the site to maximize enjoyment of the river. g. Design structures to take advantage of the river frontage location by incorporating features such as: (1) plazas and landscaped open space that connect with a shoreline trail system; (2) windows that offer views of the river; or (3) pedestrian entrances that face the river. Office of the City Clerk I City of Tukwila Page 179 of 356 Return to Title h. View obscuring fencing is permitted only when necessary for documentable use requirements and must be designed with landscaping per TMC 18.44.060, "Vegetation Protection and Landscaping." Other fencing, when allowed, must be designed to complement the proposed and/or existing development materials and design; and i. Where there are public trails, locate any fencing between the site and the landward side of the shoreline trail. 3. Design of Public Access. Development within the shoreline jurisdiction shall demonstrate compliance with the following: a. Public access shall be barrier free, where feasible, and designed consistent with the Americans with Disabilities Act. b. Public access landscape design shall use native vegetation, in accordance with the standards in TMC 18.44.060, "Vegetation Protection and Landscaping." Additional landscape features may be required where desirable to provide public/private space separation and screening of utility, service and parking areas. c. Furniture used in public access areas shall be appropriate for the proposed level of development, and the character of the surrounding area. For example, large urban projects should provide formal benches; for smaller projects in less-developed areas, simpler, less formal benches or suitable alternatives such as boulders are appropriate. d. Materials used in public access furniture, structures or sites shall be: (1) Durable and capable of withstanding exposure to the elements; (2) Environmentally friendly and take advantage of technology in building materials, lighting, paved surfaces, porous pavement, etc, wherever practical; and (3) Consistent with the character of the shoreline and the anticipated use. e. Public -Private Separation. (1) Public access facilities shall look and feel welcoming to the public, and not appear as an intrusion into private property. (2) Natural elements such as logs, grass, shrubs, and elevation separations are encouraged as means to define the separation between public and private space. 4. Design of Flood Walls. The exposed new floodwalls should be designed to incorporate brick or stone facing, textured concrete block, design elements formed into the concrete or vegetation to cover the wall within 3 years of planting. [Ord. 2765 §72, 2025; Ord. 2741 §4 (part), 2024] 18.44.100 Shoreline Restoration A. Shoreline Substantial Development Permit Not Required. Shoreline restoration projects shall be allowed without a Shoreline Substantial Development Permit when these projects meet the criteria established by WAC 173-27-040(2)(o) and (p) and RCW 90.58.580. B. Changes in Shoreline Jurisdiction Due to Restoration. 1. Relief may be granted from Shoreline Master Program standards and use regulations in cases where shoreline restoration projects result in a change in the location of the OHWM and associated Shoreline Jurisdiction on the subject property and/or adjacent properties, and where application of this chapter's regulations would preclude or interfere with the uses permitted by the underlying zoning, thus presenting a hardship to the project proponent. a. Applications for relief, as specified below, must meet the following criteria: (1) The proposed relief is the minimum necessary to relieve the hardship; (2) After granting the proposed relief, there is net environmental benefit from the restoration project; and Office of the City Clerk I City of Tukwila Page 180 of 356 Return to Title (3) Granting the proposed relief is consistent with the objectives of the shoreline restoration project and with the Shoreline Master Program. (4) Where a shoreline restoration project is created as mitigation to obtain a development permit, the project proponent required to perform the mitigation is not eligible for relief under the provisions of this section. b. The Department of Ecology must review and approve applications for relief. c. For the portion of property that moves from outside Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project, the City may consider the following, consistent with the criteria in TMC 18.44.100.B.1.a. (1) permitting development for the full range of uses of the underlying zoning consistent with the Zoning Code, including uses that are not water oriented; (2) waiving the requirement to obtain a shoreline substantial development permit if it is otherwise exempt from the requirement for a substantial development permit; (3) waiving the provisions for public access; (4) waiving the requirement for shoreline design review; and (5) waiving the development standards set forth in this chapter. d. The intent of the exemptions identified in TMC 18.44.100.B.1.c.(1) through 18.44.100.B.1.c.(5) is to implement the restoration projects of the Shoreline Master Program Restoration Plan, which reflects the projects identified in the Water Resource Inventory Area (WRIA) 9 Plan pursuant to Goals and Policies 5.2 of the Tukwila Comprehensive Plan. 2. Consistent with the provisions of TMC 18.44.100.B.1.a, 1.b and 1.c, the Shoreline Residential Environment, High Intensity, Urban Conservancy Environment Shoreline Buffer width may be reduced to no less than 25 feet measured from the new location of the OHWM for the portion of the property that moves from outside the Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project, subject to the following standards: a. The 25 -foot buffer area must be vegetated according to the requirements of TMC 18.44.060, "Vegetation Protection and Landscaping," or as otherwise approved by the City; and b. The proponents of the restoration project are responsible for the installation and maintenance of the vegetation. 3. The habitat restoration project proponents must record with King County a survey that identifies the location of the OHWM location prior to implementation of the shoreline restoration project, any structures that fall within the Shoreline Jurisdiction, and the new location of the OHWM once construction of the shoreline restoration project is completed. 4. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers and Washington State Department of Fish and Wildlife approvals as well as written approval from the City. C. Shoreline Restoration Building Height Incentive. 1. Consistent with provisions in TMC 18.44.050.C, building heights within shoreline jurisdiction may be increased if the project proponent provides additional restoration and/or enhancement of the shoreline buffer, beyond what may otherwise be required in accordance with the standards of TMC 18.44.060, "Vegetation Protection and Landscaping." Additional restoration and/or enhancement shall include: a. creation of shallow -water (maximum slope 5H:1V) off channel rearing habitat and/or b. removal of fish passage barriers to known or potential fish habitat, and restoration of the barrier site. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 181 of 356 Return to Title 18.44.110 Administration A. Applicability of Shoreline Master Program and Substantial Development Permit. 1. Development in the Shoreline Jurisdiction. Based on guidelines in the Shoreline Management Act (SMA) for a Minimum Shoreline Jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows: The Tukwila Shoreline Jurisdiction includes the channel of the Green/Duwamish River, its banks, the upland area which extends from the OHWM landward for 200 feet on each side of the river, floodways and all associated wetlands within its floodplain. The floodway shall not include those lands that have historically been protected by flood control devices and therefore have not been subject to flooding with reasonable regularity. 2. Applicability. The Tukwila SMP applies to uses, change of uses, activities or development that occurs within the above -defined Shoreline Jurisdiction. All proposed uses and development occurring within the Shoreline Jurisdiction must conform to RCW 90.58, the SMA, and this chapter whether or not a permit is required. B. Relationship to Other Codes and Regulations. 1. Compliance with this Master Program does not constitute compliance with other federal, state, and local regulations and permit requirements that may apply. The applicant is responsible for complying with all other applicable requirements. 2. Where this Master Program makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply. 3. In the case of any conflict between any other federal, state, or local law and this Master Program, the provision that is most protective of shoreline resources shall prevail, except when constrained by federal or state law, or where specifically provided in this Master Program. 4. Relationship to Critical Areas Regulations: (a) For protection of critical areas where they occur in shoreline jurisdiction, this Master Program adopts by reference the City's Critical Areas Ordinance, which is incorporated into this Master Program with specific exclusions and modifications in TMC 18.44.070. (b) All references to the Critical Areas Ordinance are for the version adopted March 2, 2020. Pursuant to WAC 173-26-191(2)(b), amending the referenced regulations in the Master Program for those critical areas under shoreline jurisdiction will require an amendment to the Master Program and approval by the Department of Ecology. (c) Within shoreline jurisdiction, the Critical Areas Ordinance shall be liberally construed together with this Master Program to give full effect to the objectives and purposes of the provisions of this Master Program and RCW 90.58. C. Developments not required to obtain shoreline permits or local reviews. Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following as described in WAC 173-27-044 and WAC 173-27-045: 1. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to RCW 70.105D, or to the Department of Ecology when it conducts a remedial action under RCW 70.105D. 2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. 3. WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review. 4. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045. 5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to RCW 80.50. Office of the City Clerk I City of Tukwila Page 182 of 356 Return to Title D. Substantial Development Permit Requirements. 1. Permit Application Procedures. Applicants for a Shoreline Substantial Development Permit shall comply with permit application procedures in TMC 18.104. 2. Exemptions. a. To qualify for an exemption, the proposed use, activity or development must meet the requirements for an exemption as described in WAC 173-27-040, except for properties that meet the requirements of the Shoreline Restoration Section, TMC 18.44.100. The purpose of a shoreline exemption is to provide a process for uses and activities which do not trigger the need for a Substantial Development Permit, but require compliance with all provisions of the City's SMP and overlay district. b. The Director may impose conditions to the approval of exempted developments and/or uses as necessary to assure compliance of the project with the SMA and the Tukwila SMP, per WAC 173-27-040(e). For example, in the case of development subject to a building permit but exempt from the shoreline permit process, the Building Official or other permit authorizing official, through consultation with the Director, may attach shoreline management terms and conditions to building permits and other permit approvals pursuant to RCW 90.58.140. 3. A substantial development permit shall be granted only when the development proposed is consistent with: a. The policies and procedures of the Shoreline Management Act; b. The provisions of WAC 173-27; and c. This Shoreline Master Program. E. Shoreline Conditional Use Permit. 1. Purpose. As stated in WAC 173-27-160, the purpose of a Conditional Use Permit (CUP) is to allow greater flexibility in the application of use regulations of this chapter in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the City or the Department of Ecology to prevent undesirable effects of the proposed use and/or assure consistency of the project with the SMA and the City's SMP. Uses which are specifically prohibited by the Shoreline Master Program shall not be authorized with approval of a CUP. 2. Application. Shoreline Conditional Use Permits are a Type 3 Permit processed under TMC 18.104. 3. Application requirements. Applicants must meet all requirements for permit application and approvals indicated in TMC 18.104 and this chapter. 4. Approval Criteria. a. Uses classified as shoreline conditional uses may be authorized, provided that the applicant can demonstrate all of the following: (1) The proposed use will be consistent with the policies of RCW 90.58.020 and the policies of the Tukwila Shoreline Master Program; (2) The proposed use will not interfere with the normal public use of public shorelines; (3) The proposed use of the site and design of the project will be compatible with other permitted uses within the area and with uses planned for the area under the Comprehensive Plan and this chapter; be located; and (4) The proposed use will cause no significant adverse effects to the shoreline environment in which it is to (5) The public interest suffers no substantial detrimental effect. b. In the granting of all Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Conditional Use Permits were granted to other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58 and all local ordinances and shall not produce substantial adverse effects to the shoreline environment. Office of the City Clerk I City of Tukwila Page 183 of 356 Return to Title F. Shoreline Variance Permits. 1. Purpose. The purpose of a Shoreline Variance Permit is strictly limited to granting relief from specific bulk, dimensional, or performance standards set forth in this chapter where there are extraordinary or unique circumstances relating to the physical character or configuration of property such that the strict implementation of this chapter will impose unnecessary hardships on the applicant or thwart the Shoreline Management Act policies as stated in RCW 90.58.020. Reasonable use requests that are located in the shoreline must be processed as a variance, until such time as the Shoreline Management Act is amended to establish a process for reasonable uses. Variances from the use regulations of this chapter are prohibited. 2. Application requirements. Applicants must meet all requirements for a Type 3 permit application and approvals indicated in TMC 18.104. 3. Shoreline Variance Permits should be granted in circumstances where denial of a permit would result in inconsistencies with the policies of the Shoreline Management Act (RCW 90.58.020). In all instances, the applicant must demonstrate that extraordinary circumstances exist and the public interest will suffer no substantial detrimental effect. 4. Shoreline Variance Permits Landward of OHWM and Landward of Wetlands. A Shoreline Variance Permit for a use, activity or development that will be located landward of the ordinary high water mark and/or landward of any wetland may be authorized provided the applicant can demonstrate all of the following: a. The strict application of the bulk, dimensional, or performance standards set forth in this chapter preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by this chapter. b. The hardship for which the applicant is seeking the variance is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and not from the owner's own actions or deed restrictions; and that the variance is necessary because of these conditions in order to provide the owner with use rights and privileges permitted to other properties in the vicinity and zone in which the property is situated. c. The design of the project will be compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and SMP and will not cause adverse impacts to adjacent properties or the shoreline environment. d. The variance will not constitute a grant of special privilege not enjoyed by other properties in the area. e. The variance is the minimum necessary to afford relief. f. The public interest will suffer no substantial detrimental effect. g. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area such that the total of the variances would remain consistent with RCW 90.58.020 and not cause substantial adverse effects to the shoreline environment. 5. Shoreline Variance Permits Waterward of OHWM or Within Critical Areas. a. Shoreline Variance Permits for development and/or uses that will be located either waterward of the ordinary high water mark or within any critical area may be authorized only if the applicant can demonstrate all of the following: (1) The strict application of the bulk, dimensional or performance standards set forth in this Master Program preclude all reasonable permitted use of the property; (2) The proposal is consistent with the criteria established under TMC 18.44.110.F.4., "Approval Criteria;" and (3) The public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance. Office of the City Clerk I City of Tukwila Page 184 of 356 Return to Title G. Non -Conforming Development. 1. Non -Conforming Uses. Any non -conforming lawful use of land that would not be allowed under the terms of this chapter may be continued as an allowed, legal, non -conforming use, defined in TMC 18.06 or as hereafter amended, so long as that use remains lawful, subject to the following: a. No such non -conforming use shall be enlarged, intensified, increased, moved or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this chapter except as authorized in TMC 18.66.120 or upon approval of a conditional use permit. b. If any such non -conforming use ceases for any reason for a period of more than 24 consecutive months, the non -conforming rights shall expire and any subsequent use shall conform to the regulations specified in this chapter for the shoreline environment in which such use is located, unless re-establishment of the use is authorized through a Shoreline Conditional Use Permit, which must be applied for within the two-year period when the non -conforming use ceases to exist. Water -dependent uses should not be considered discontinued when they are inactive due to dormancy, or where the use is typically seasonal. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown, the City may grant an extension of time beyond the 24 consecutive months using the criteria set forth in TMC 18.44.110.GA. c. If a change of use is proposed to a use determined to be non -conforming by application of provisions in this chapter, the proposed new use must be a permitted use in this chapter or a use approved under a Type 2 permit.. For purposes of implementing this section, a change of use constitutes a change from one permitted or conditional use category to another such use category as listed within the Shoreline Use Matrix. d. A structure that is being or has been used for a non -conforming use may be used for a different non- conforming use only upon the approval of a Type 2 permit. Before approving a change in non -conforming use, the following findings must be made: (1) No reasonable alternative conforming use is practical. (2) The proposed use will be at least as consistent with the policies and provisions of the SMP and as compatible with the uses in the area as the non -conforming use. (3) The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose. (4) The structure(s) associated with the non -conforming use shall not be expanded in a manner that increases the extent of the non -conformity. (5) The change in use will not create adverse impacts to shoreline ecological functions and/or processes. (6) The applicant restores and/or enhances the entire shoreline buffer, including but not limited to, paved areas no longer in use on the property, to offset the impact of the change of use per the vegetation management standards of this chapter. This may include the restoration of paved areas to vegetated area if no longer in use. (7) The preference is to reduce exterior uses in the buffer to the maximum extent possible. 2. Non -Conforming Structures. Where a lawful structure exists on the effective date of adoption of this chapter that could not be built under the terms of this chapter by reason of restrictions on height, buffers or other characteristics of the structure, it may be continued as an allowed, legal structure so long as the structure remains otherwise lawful subject to the following provisions: a. Such structures may be repaired, maintained, upgraded and altered provided that: (1) The structure may not be enlarged or altered in such a way that increases its degree of nonconformity or increases its impacts to the functions and values of the shoreline environment except as authorized in TMC 18.66.120; and (2) If the structure is located on a property that has no reasonable development potential outside the shoreline buffer, there shall be no limit on the cost of alterations, provided the applicant restores and/or enhances the shoreline buffer from above the Ordinary High Water Mark to at least 12 feet landward of the top of the slope along the entire length of Office of the City Clerk I City of Tukwila Page 185 of 356 Return to Title the subject property to meet the vegetation management standards of this chapter (TMC 18.44.060). If the structure is located on a property that has reasonable development potential outside the shoreline buffer, the cost of the alterations may not exceed an aggregate cost of 50% of the value of the building or structure in any 3 -year period based upon its most recent assessment, unless the amount over 50% is used to make the building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. (3) Maintenance or repair of an existing private bridge is allowed without a conditional use permit when it does not involve the use of hazardous substances, sealants or other liquid oily substances. b. Should such structure be destroyed by any accidental means, the structure may be reconstructed to its original dimensions and location on the lot provided application is made for permits within two years of the date the damage occurred and all reconstruction is completed within two years of permit issuance. In the event the property is redeveloped, such redevelopment must be in conformity with the provisions of this chapter. c. Should such structure be moved for any reason or any distance, it must be brought as closely as practicable into conformance with the applicable master program and the act. d. When a non -conforming structure, or structure and premises in combination, is vacated or abandoned for 24 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of this chapter. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown an extension of time beyond the 24 consecutive months may be granted using the criteria in TMC 18.44.110.G.4. e. Residential structures located in any Shoreline Residential Environment and in existence at the time of adoption of this chapter shall not be deemed nonconforming in terms of height, residential use, or location provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions, location and height, but may not be changed except as provided in the non -conforming uses section of this chapter. f. Single-family structures in the Shoreline Residential Environment that have legally non -conforming setbacks from the OHWM per the shoreline buffer shall be allowed to expand the ground floor only along the existing building line(s) as long as the existing distance from the nearest point of the structure to the OHWM is not reduced and the square footage of new intrusion into the buffer does not exceed 50% of the square footage of the current intrusion. As a condition of building permit approval, a landscape plan showing removal of invasive plant species within the entire shoreline buffer and replanting with appropriate native species must be submitted to the City. Plantings should be maintained through the establishment period. 3. For the purposes of this section, altered or partially reconstructed is defined as work that does not exceed 50% of the assessed valuation of the building over a three-year period. 4. Requests for Time Extension—Non-conforming Uses and Structures. a. A property owner may request, prior to the end of the two-year period, an extension of time beyond the two- year period. Such a request shall be considered as a Type 2 permit under TMC 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made that no reasonable alternative conforming use is practical; (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months; and (3) The applicant restores and/or enhances the shoreline buffer on the property to offset the impact of the continuation of the non -conforming use. For non -conforming uses, the amount of buffer to be restored and/or enhanced will be determined based on the percentage of the existing building used by the non -conforming use for which a time extension is being requested. Depending on the size of the area to be restored and/or enhanced, the Director may require targeted plantings rather than a linear planting arrangement. The vegetation management standards of TMC 18.44.060 shall be used for guidance on any restoration/enhancement. For non -conforming structures, for each six-month extension of time requested, 15% of the available buffer must be restored/enhanced. Office of the City Clerk I City of Tukwila Page 186 of 356 Return to Title b. Conditions may be attached to the City -approved extension that are deemed necessary to assure compliance with the above findings, the requirements of the Shoreline Master Program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. 5. Building Safety. Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a safe condition of any non -conforming building or part thereof declared to be unsafe by order of any City official charged with protecting the public safety. a. Alterations or expansion of a non -conforming structure that are required by law or a public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed. Alterations or expansions permitted under this section shall be the minimum necessary to meet the public safety concerns. 6. Non -Conforming Parking Lots. a. Parking lot regulations contained in this chapter shall not be construed to require a change in any aspect of a structure or facility that existed on the date of adoption of this chapter covered thereunder including parking lot layout, loading space requirements and curb -cuts, except as necessary to meet vegetation protection and landscaping standards consistent with TMC 18.44.110.G.7. b. If a change of use takes place or an addition is proposed that requires an increase in the parking area by an increment less than 100%, the requirements of this chapter shall be complied with for the additional parking area. c. If a property is redeveloped, a change of use takes place or an addition is proposed that requires an increase in the parking area by an increment greater than 100%, the requirements of this chapter shall be complied with for the entire parking area. An existing non -conforming parking lot, which is not otherwise subject to the requirements of this chapter, may be upgraded to improve water quality or meet local, state, and federal regulations provided the upgrade does not result in an increase in non -conformity. d. The area beneath a non -conforming structure may be converted to a contiguous parking lot area if the non- conforming structure is demolished and only when the contiguous parking is accessory to a legally established use. The converted parking area must be located landward of existing parking areas. 7. Non -Conforming Landscape Areas. a. Adoption of the vegetation protection and landscaping regulations contained in this chapter shall not be construed to require a change in the landscape improvements for any legal landscape area that existed on the date of adoption of this chapter, unless and until the property is redeveloped or alteration of the existing structure is made beyond the thresholds provided herein. b. At such time as the property is redeveloped or the existing structure is altered beyond the thresholds provided herein and the associated premises does not comply with the vegetation protection and landscaping requirements of this chapter, a landscape plan that conforms to the requirements of this chapter shall be submitted to the Director for approval. H. Revisions to Shoreline Permits. Revisions to previously issued shoreline permits shall be reviewed under the SMP in effect at the time of submittal of the revision, and not the SMP under which the original shoreline permit was approved and processed in accordance with WAC 173-27-100. I. Time Limits on Shoreline Permits. 1. Consistent with WAC 173-27-090, shoreline permits are valid for two years, and the work authorized under the shoreline permit must be completed in five years. Construction activity must begin within this two-year period. If construction has not begun within two years, a one-time extension of one year may be approved by the Director based on reasonable factors. The permit time period does not include the time during which administrative appeals or legal actions are pending or due to the need to obtain any other government permits and approvals for the project. Office of the City Clerk I City of Tukwila Page 187 of 356 Return to Title 2. Upon a finding of good cause, based on the requirements and circumstances of a proposed project, and consistent with the City's Shoreline Master Program, the City may adopt a different time limit for a shoreline substantial development permit as part of an action on a shoreline substantial development permit. [Ord. 2741 §4 (part), 2024] 18.44.120 Appeals A. Any person aggrieved by the granting, denying, or rescinding of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance may seek review from the Shorelines Hearings Board by filing a petition for review within 21 days of the date of filing of the decision as provided in RCW 90.58.140(6). [Ord. 2741 §4 (part), 2024] 18.44.130 Enforcement and Penalties A. Violations. The following actions shall be considered violations of this chapter: 1. To use, construct or demolish any structure, or to conduct clearing, earth -moving, construction or other development not authorized under a Substantial Development Permit, Conditional Use Permit or Variance Permit, where such permit is required by this chapter. 2. Any work which is not conducted in accordance with the plans, conditions, or other requirements in a permit approved pursuant to this chapter, provided that the terms or conditions are stated in the permit or the approved plans. 3. To remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter. 4. To misrepresent any material fact in any application, plans or other information submitted to obtain any shoreline use or development authorization. 5. To fail to comply with the requirements of this chapter. B. Enforcement. This chapter shall be enforced subject to the terms and conditions of TMC 8.45. C. Inspection Access. 1. For the purpose of inspection for compliance with the provisions of a permit or this chapter, authorized representatives of the Director may enter all sites for which a permit has been issued. 2. Upon completion of all requirements of a permit, the applicant shall request a final inspection by contacting the planner of record. The permit process is complete upon final approval by the planner. D. Penalties. 1. Any violation of any provision of the SMP, or failure to comply with any of the requirements of this chapter shall be subject to the penalties prescribed in TMC 8.45 and shall be imposed pursuant to the procedures and conditions set forth in that chapter. 2. Penalties assessed for violations of the SMP shall be determined by TMC 8.45.120. 3. It shall not be a defense to the prosecution for failure to obtain a permit required by this chapter, that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work, erroneously believed a permit had been issued to the property owner or any other person. 4. Penalties for Tree Removal: a. Each unlawfully removed or damaged tree shall constitute a separate violation. b. The amount of the penalty shall be $1,000 per tree or up to the marketable value of each tree removed or damaged as determined by an ISA certified arborist. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. Office of the City Clerk I City of Tukwila Page 188 of 356 Return to Title c. 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. In addition, any shrubs and groundcover removed without City approval shall be replaced. d. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment may be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in TMC 18.44.060.B.4. E. Remedial Measures Required. In addition to penalties provided in TMC 8.45, the Director may require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Remedial measures must conform to the policies and guidelines of this chapter and the Shoreline Management Act. 2. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. F. Injunctive Relief. 1. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate this chapter or any rule or other provisions adopted or issued pursuant to this chapter, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. 2. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of the Master Program. G. Abatement. Any use, structure, development or work that occurs in violation of this chapter, or in violation of any lawful order or requirement of the Director pursuant to this section, shall be deemed to be a public nuisance and may be abated in the manner provided by the TMC 8.45.100. [Ord. 2741 §4 (part), 2024] 18.44.140 Liability A. No provision of or term used in this chapter is intended to impose any duty upon the City or any of its officers or employees that would subject them to damages in a civil action. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 189 of 356 Return to Title CHAPTER 18.45 ENVIRONMENTALLY CRITICAL AREAS Sections: 18.45.010 Purpose 18.45.020 Best Available Science 18.45.030 Critical Area Applicability, Maps and Inventories 18.45.040 Critical Areas Special Studies 18.45.050 Critical Area Designation Permit 18.45.070 Critical Area Permitted Activities 18.45.075 Mitigation Sequencing 18.45.080 Wetlands Designations, Ratings and Buffers 18.45.090 Wetlands Uses, Alterations and Mitigation 18.45.100 Watercourse Designations, Ratings and Buffers 18.45.110 Watercourse Alterations and Mitigation 18.45.120 Areas of Potential Geologic Instability Designations, Ratings and Buffers 18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation 18.45.140 Coal Mine Hazard Areas 18.45.150 Fish and Wildlife Habitat Conservation Areas — Designation, Mapping, Uses and 18.45.155 Standards Special Hazard Flood Areas 18.45.158 Vegetation Protection and Management 18.45.160 Critical Area Master Plan Overlay 18.45.170 Critical Areas Tracts and Easements 18.45.180 Exceptions 18.45.190 Time Limitation, Appeals and Vesting 18.45.195 Violations 18.45.197 Enforcement 18.45.200 Recording Required 18.45.210 Assurance Device 18.45.220 Assessment Relief 18.45.010 Purpose A. The purpose of TMC 18.45 is to protect the environment, human life and property; to designate and classify ecologically critical areas including but not limited to regulated wetlands and watercourses and geologically hazardous areas and to protect these critical areas and their functions while also allowing for reasonable use of public and private property. These regulations are prepared to comply with the Growth Management Act, RCW 36.70A, to apply best available science according to WAC 365-195-900 through 925 and to protect critical areas as defined by WAC 365-190-080. B. Standards are hereby established to meet the following goals of protecting environmentally critical areas: 1. Minimize developmental impacts on the natural functions of these areas. 2. Protect quantity and quality of water resources. 3. Minimize turbidity and pollution of wetlands and fish -bearing waters and maintain wildlife habitat. 4. Prevent erosion and the loss of slope and soil stability caused by the removal of trees, shrubs, and root systems of vegetative cover. 5. Protect the public against avoidable losses, public emergency rescue and relief operations cost, and subsidy cost of public mitigation from landslide, subsidence, erosion and flooding. 6. Protect the community's aesthetic resources and distinctive features of natural lands and wooded hillsides. 7. Balance the private rights of individual property owners with the preservation of environmentally critical areas. Office of the City Clerk I City of Tukwila Page 190 of 356 Return to Title 8. Prevent the loss of wetland and watercourse function and acreage, and strive for again over present conditions. 9. Give special consideration to conservation or protection measures necessary to protector enhance anadromous fisheries. 10. Incorporate the use of best available science in the regulation and protection of critical areas as required by the State Growth Management Act, according to WAC 365-195-900 through 365-195-925 and WAC 365-190-080. [Ord. 2741 §4 (part), 2024] 18.45.020 Best Available Science A. Policies, regulations and decisions concerning critical areas shall rely on best available science to protect the functions of these areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitats. B. Nonscientific information may supplement scientific information but is not an adequate substitution for valid and available scientific information. C. Incomplete or unavailable scientific information leading to uncertainty for permitting critical area impacts may require application of effective adaptive management on a case-by-case basis. Adaptive management relies on scientific methods to evaluate how well regulatory or non -regulatory actions protect critical areas or replace their functions. [Ord. 2741 §4 (part), 2024] 18.45.030 Critical Area Applicability, Maps, and Inventories A. Applicability: The provisions of TMC 18.45 shall apply to all land uses and all development activities in a critical area or a critical area buffer as defined in the "Definitions" chapter of this title. The provisions of TMC 18.45 apply whether or not a permit or authorization is required within the City of Tukwila. No person, company, agency, or applicant shall alter a critical area or buffer except as consistent with the purposes and requirements of TMC 18.45. The following are critical areas regulated by TMC 18.45: 1. Coal Mine Hazard Areas; 2. Areas of potential geologic instability: Class 2, 3, 4 areas (as defined in the Definitions chapter of this title and TMC 18.45.120.A); 3. Wetlands; 4. Watercourses; 5. Fish and Wildlife Habitat Conservation Areas; and 6. Special Hazard Flood Areas (see TMC 16.52 for additional regulations). B. Areas of seismic instability are identified as critical areas by the Growth Management Act and are defined and regulated through the Washington State Building Code. C. In the event of a conflict between this TMC 18.45 and any other laws, regulations, ordinances or restrictive covenants, the provision that imposes greater restrictions or higher standards upon the development or use of land shall prevail. D. Critical Areas Maps and Inventories: 1. The distribution of many critical areas and potential critical areas in Tukwila is displayed on the Critical Areas Maps, on file with the Department. These maps are based on site assessment of current conditions and review of the best available scientific data and are hereby adopted by reference. Not all critical areas are shown on the map. Thus it is the responsibility of property owners and applicants to verify actual presence or absence of a critical area or critical area buffer based on the definitions in this code. Applicant is also responsible for delineation and categorization of potential wetland based on methodology required under TMC 18.45.080 and verifying that watercourse typing and location is consistent with TMC 18.45.100. Office of the City Clerk I City of Tukwila Page 191 of 356 Return to Title 2. Studies, preliminary inventories and ratings of potential critical areas are on file with the Department of Community Development. 3. As new environmental information related to critical areas becomes available, the Director is hereby designated to periodically add, remove, or alter new information to the Critical Areas Maps. Removal of any information from the Critical Areas Maps is a Type 1 decision as described in TMC Chapter 18.108. [®rd. 2741 §4 (part), 2024] 18.45.040 Critical Area Special Studies A. Critical Area Studies Required: An applicant for a development proposal within a parcel that may include a critical area and/or its buffer shall submit those studies as required by the City and specified within this section to adequately identify and evaluate the critical area and its buffers. 1. The applicant shall either: a. Fund a critical area study prepared by the City's consultant, if available, which will not be subject to peer review; or b. Submit a critical area study prepared by a qualified professional as defined herein, which may be subject to an applicant -funded peer review by the City or the City's consultant, if the City deems it necessary. 2. If option 1(b) is chosen, the required critical area study shall be prepared by a person with experience and training in the scientific discipline appropriate for the relevant critical area as outlined within this section and in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in ecology or related science, environmental studies, fisheries, geotechnical or related field, and two years of related work experience. Additional qualifications may be required depending on the type of critical area study required: a. A qualified professional for Fish and Wildlife Habitat Conservation Areas must have a degree in ecology or related sciences and professional experience related to the subject species. b. A qualified professional for wetland critical area studies must be a certified Professional Wetland Scientist or a Wetland Scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the approved federal manual and applicable regional supplements, preparing wetland reports, conducting functional assessments, and developing and implementing mitigation plans. c. A qualified professional for a geological hazard study must be a professional geotechnical engineer as defined in the Definitions chapter of this title, licensed in the state of Washington. d. A qualified professional for watercourses and frequently flooded areas means a hydrologist, fisheries biologist, engineer or other scientist with experience in preparing watercourse assessments. 3. The critical area study shall use scientifically valid methods and studies in the analysis of critical area data and shall use field reconnaissance and reference the source of science used. The critical area study shall evaluate the proposal and all probable impacts to critical areas. B. Standards for Wetland and Watercourse Critical Area Studies: Wetland and watercourse special studies are valid for five years following the date of the study, unless otherwise determined by the Director. The critical area study shall contain the following information, as applicable: 1. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; 2. A copy of the site plan for the development proposal showing: critical areas and buffers and the development proposal with dimensions, clearing limits, proposed storm water management plan, and mitigation plan for impacts due to drainage alterations; 3. The dates, names and qualifications of the persons preparing the study and documentation of any fieldwork performed on the site; Office of the City Clerk I City of Tukwila Page 192 of 356 Return to Title 4. Identification and characterization of all critical areas, water bodies, and buffers on or 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: (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 current 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. Applicant must submit electronic survey data in Autocad, GIS or similar format at the time of as -built submittal. (2) Cowardin (Classification of Wetlands and Deepwater Habitats of the U.S. — U.S. Department of Interior) classification of the wetland(s). (3) Hydrogeomorphic classification of the wetland(s). (4) Hydroperiod. (5) Brief landscape assessment of the wetland (identify hydrologic basin/sub-basin; inlets, outlets; surrounding land use; habitat quality and connectivity; ultimate point of discharge; presence of culverts or other constraints to flow; relationship to other wetlands/watercourses adjacent to or potentially impacted by the proposed project). (6) Description of buffer size per this chapter, conditions (topographic considerations, existing vegetation types and density, habitat features, watercourse edges, presence of invasive species, etc.) and functions. (7) For proposed wetland filling or proposed projects that will impact buffers, the most current Washington Wetland Classification System shall be used as a functional assessment. Characterization of the watercourses on site, adjacent to or potentially impacted by the proposed project must include: (1) Description of: flow regime, physical characteristics of streambed, banks, dimensions and bank -full width, stream gradient, stream and buffer vegetation conditions, habitat conditions, and existing modifications. (2) Brief landscape assessment of the watercourse (identify hydrologic basin/sub-basin, and contributing basin area acreage, outlets, surrounding land use, habitat quality and connectivity, ultimate point of discharge, presence of culverts or other constraints to flow, presence of man-made or natural barriers to fish passage, relationship to wetlands or other watercourses adjacent to or potentially impacted by the proposed project, flow regime). (3) Classification of the watercourse under Tukwila's rating system. (4) Description of buffer size per this chapter, conditions (topographic considerations, existing vegetation types and density, habitat features, watercourse edges, presence of invasive species, etc.) and functions. (5) Description of habitat conditions, wildlife/fish use of the watercourse, including sensitive, threatened or endangered species. c. Citation of any literature or other resources utilized in preparation of the report. 5. A statement specifying the accuracy of the study and assumptions used in the study. 6. Determination of the degree of hazard and risk from the proposal both on the site and on adjacent properties. 7. An assessment of the probable cumulative impacts to critical areas, their buffers and other properties resulting from the proposal. 8. A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize and mitigate impacts to critical areas. 9. Plans for adequate mitigation to offset any impacts. Office of the City Clerk I City of Tukwila Page 193 of 356 Return to Title 10. Recommendations for maintenance, short-term and long-term monitoring, contingency plans and bonding measures. 11. Any technical information required by the Director to assist in determining compliance with this chapter. C. Standards for Geotechnical Reports: 1. A geotechnical report appropriate both to the site conditions and the proposed development shall be required for development in Class 2, Class 3, Class 4 areas, and any areas identified as Coal Mine Hazard Areas. 2. Geotechnical reports for Class 2 areas shall include at a minimum a site evaluation review of available information regarding the site and a surface reconnaissance of the site and adjacent areas potentially impacted by the proposed project. Subsurface exploration of site conditions is at the discretion of the geotechnical consultant. 3. Geotechnical reports for Class 3, Class 4 and Coal Mine Hazard Areas shall include a site evaluation review of available information about the site, a surface reconnaissance of the site and adjacent areas potentially impacted by the proposed project, a feasibility analysis for the use of infiltration on-site and a subsurface exploration of soils and hydrology conditions. Detailed slope stability analysis shall be done if the geotechnical engineer recommends it in Class 3 or Coal Mine Hazard Areas, and must be done in Class 4 areas. 4. Applicants shall retain a geotechnical engineer to prepare the reports and evaluations required in this subsection. The geotechnical report and completed site evaluation checklist shall be prepared in accordance with the generally accepted geotechnical practices, under the supervision of and signed and stamped by the geotechnical engineer. The report shall be prepared in consultation with the Community Development and Public Works Departments. 5. The opinions and recommendations contained in the report shall be supported by field observations and, where appropriate or applicable, by literature review conducted by the geotechnical engineer, which shall include appropriate explorations, such as borings or test pits, and an analysis of soil characteristics conducted by or under the supervision of the engineer in accordance with standards of the American Society of Testing and Materials or other applicable standards. If the evaluation involves geologic evaluations or interpretations, the report shall be reviewed and approved by a geotechnical engineer. D. Critical Area Study — Modifications to Requirements: 1. The Director may limit the required geographic area of the critical area study as appropriate if the applicant, with assistance from the City, cannot obtain permission to access properties adjacent to the project area. 2. The Director may allow modifications to the required contents of the study where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation. E. Review of Studies: The Department shall review and verify the information submitted in the critical area study to confirm the nature and type of the critical area. The Public Works Department shall seek a peer review of the geotechnical report on Class 3 and 4 slopes; and peer review on Class 2 slopes may be required at the discretion of the Public Works Director. Peer review of the geotechnical reports shall be at the expense of the applicants. For all other critical areas and at the discretion of the Director, critical area studies may undergo peer review, at the expense of the applicant. [Ord. 2765 §73, 2025; Ord. 2741 §4 (part), 2024] 18.45.050 Critical Area Permitted Activities A. A Critical Area Designation Permit establishes whether critical areas or buffers are present on or near the property and includes a critical area study if needed. 1. A Critical Area Designation Permit is required for any property that contains, or is located within 150 feet of, a confirmed or potential critical area before any other development permit can be accepted or issued. 2. A Critical Area Designation Permit may be applied for at any time by the property owner or the property owner's agent. Office of the City Clerk I City of Tukwila Page 194 of 356 Return to Title B. To apply for a Critical Area Designation Permit, the property owner or the property owner's agent must submit an application to the department using a form provided by the department. The application may cover the entire site or a portion, provided that a map is included identifying the area for which designation is sought. C. The department, or its consultant, shall conduct an initial site review to determine whether critical areas or buffers exist, or have the potential to exist, on the property or within 150 feet. If a wetland or stream is identified, the applicant must obtain a critical area report consistent with TMC 18.45.070, as provided in subsection D as currently enacted or hereafter amended. If the presence or classification of a stream is uncertain, the report shall include a professional recommendation. If the report concludes that no wetland or stream exists on or within 150 feet of the property, and the department concurs, no further assessment shall be required. D. To fulfill the requirement for a critical area report, the applicant shall either: 1. Fund a critical area study prepared by the City's consultant, which will not be subject to peer review; or 2. Submit a critical area study prepared by a qualified professional as defined in TMC Title 18, which may be subject to applicant -funded peer review by the City or its consultant. E. Upon request by the applicant, the Critical Area Designation Permit may include an evaluation or interpretation of the applicability of critical area buffers and standards to a potential future development. Based on the critical area report, the Department shall issue a final determination for the Critical Area Designation Permit. G. The Department shall make its written determination on the Critical Area Designation Permit within one hundred twenty (120) days of receiving a complete application, unless an extension is authorized under the Tukwila Municipal Code. H. The Critical Area Designation Permit shall be valid for five (5) years unless: 1. Physical conditions on or within 300 feet of the subject property have markedly and demonstrably changed due to natural processes or man-made activity, or 2. Applicable regulatory agencies adopt updated maps or designations that conflict with the original determination in the Critical Area Designation Permit. [Ord. 2759 §2, 2025] 18.45.070 Critical Area Permitted Activities A. Outright Permitted Activities: The following activities are outright permitted subject to the provisions of TMC 21.04 and of the mitigation requirements of this chapter, if applicable: 1. Maintenance and repair of existing facilities provided no alteration or additional fill materials will be placed or heavy construction equipment used in the critical area or buffer. 2. Site exploration or research that does not include use of heavy equipment or native vegetation removal. 3. Maintenance and repair of essential streets, roads, rights-of-way, or utilities, and placement, maintenance, and repair of new fiberoptic utilities within existing improved and paved roads. 4. Actions to remedy the effects of emergencies that threaten the public health, safety or welfare. 5. Maintenance activities of existing landscaping and gardens in a critical area buffer including, but not limited, to mowing lawns, weeding, harvesting and replanting of garden crops and pruning and planting of vegetation. This provision does not apply to removal of established native trees and shrubs, or to the excavation, filling, and construction of new landscaping features, such as concrete work, berms and walls. 6. Voluntary native revegetation and/or removal of invasive species that does not include use of heavy equipment. The use of herbicide by a licensed contractor with certification as needed from the Washington Department of Ecology and the Washington Department of Agriculture is permitted but requires notification prior to application to the City and shall comply with TMC 18.45.158.E.3 Office of the City Clerk I City of Tukwila Page 195 of 356 Return to Title B. Activities Which Require Critical Area Permits: The following activities maybe permitted only after administrative review and approval of a Type 2 Critical Areas permit application by the Director: 1. Maintenance and repair of existing uses and facilities where alteration or additional fill materials will be placed or heavy construction equipment used in the critical area or buffer. 2. New surface water discharges to critical areas or their buffers from detention facilities, pre -settlement ponds or other surface water management structures may be allowed provided that the discharge meets the clean water standards of RCW 90.48 and WAC 173-200 and 173-201 A as amended, and does not adversely affect wetland hydrology or watercourse flow. Water quality monitoring may be required as a condition of use. 3. Construction of bioswales and dispersion trenches are the only stormwater facilities allowed in wetland or watercourse buffers. Water quality monitoring may be required as a condition of use. 4. Enhancement or other mitigation including landscaping with native plants that requires heavy equipment. 5. Construction or maintenance of essential utilities if designed to protect the critical area and its buffer against erosion, uncontrolled storm water, restriction of groundwater movement, slides, pollution, habitat disturbance, any loss of flood carrying capacity and storage capacity, and excavation or fill detrimental to the environment. 6. Construction or maintenance of essential public streets, roads and rights-of-way as defined by TMC 18.06.285, provided the following criteria are met: a. Are designed and maintained to prevent erosion and avoid restricting the natural movement of groundwater. b. Are located to conform to the topography so that minimum alteration of natural conditions is necessary. The number of crossings shall be limited to those necessary to provide essential access. c. Are constructed in a way that does not adversely affect the hydrologic quality of the wetland or watercourse and/or its buffer. Where feasible, crossings must allow for combination with other essential utilities. 7. Public/Private Use and Access: a. Public and private access shall be limited to trails, boardwalks, covered or uncovered viewing and seating areas, footbridges only if necessary for access to other areas of the property, and displays (such as interpretive signage or kiosks), and must be located in areas that have the lowest sensitivity to human disturbance or alteration. Access features shall be the minimum dimensions necessary to avoid adverse impacts to the critical area. Trails shall be no wider than 5 feet and are only allowed in the outer 25 percent of the buffer, except for allowed wetland or stream crossings. Crossings and trails must be designed to avoid adverse impacts to critical area functions. The Director may require mechanisms to limit or control public access when environmental conditions warrant (such as temporary trail closures during wildlife breeding season or migration season). b. Public access must be specifically developed for interpretive, educational or research purposes by, or in cooperation with, the City or as part of the adopted Tukwila Parks and Open Space Plan. Private footbridges are allowed only for access across a critical area that bisects the property. c. No motorized vehicle is allowed within a critical area or its buffer except as required for necessary maintenance, agricultural management or security. d. Any public access or interpretive displays developed along a critical area and its buffer must, to the extent possible, be connected with a park, recreation or open -space area. e. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary to protect critical areas and their buffers by limiting access to designated public use or interpretive areas. f. Access trails and footbridges must incorporate design features and materials that protect water quality and allow adequate surface water and groundwater movement. Trails must be built of permeable materials. g. Access trails and footbridges must be located where they do not disturb nesting, breeding and rearing areas and must be designed so that sensitive plant and critical wildlife species are protected. Trails and footbridges must be placed so as to not cause erosion or sedimentation, destabilization of watercourse banks, interference with fish passage or significant Office of the City Clerk I City of Tukwila Page 196 of 356 Return to Title removal of native vegetation. Footbridges must be anchored to prevent their movement due to water level or flow fluctuations. Any work in the wetland or stream below the OHWM will require additional federal and state permits. 8. Dredging, digging or filling may occur within a critical area or its buffer only with the permission of the Director provided it meets mitigation sequencing requirements and is permitted under TMC 18.45.090 (alteration of wetland), TMC 18.45.110 (alteration of watercourse), or TMC 18.45.120 and 18.45.130 (areas of geologic instability). Dredging, digging or filling shall only be permitted for flood control, improving water quality and habitat enhancement unless otherwise permitted by this chapter. [Ord. 2741 §4 (part), 2024] 18.45.075 Mitigation Sequencing A. Applicants shall demonstrate that reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas and critical area buffers. When an alteration to a critical area or its required buffer is proposed, such alteration shall be avoided, minimized or compensated for in the following order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing critical area or critical area buffer impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; action; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 6. Monitoring the impact and taking appropriate corrective measures. [Ord. 2741 §4 (part), 2024] 18.45.080 Wetlands Designations, Ratings and Buffers A. Wetland Designations: 1. For the purposes of TMC 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 in accordance with the approved federal wetland delineation manual and applicable regional supplement. 2. Wetland determinations and delineation of wetland boundaries shall be made by a qualified professional, as described in TMC 18.45.040. 3. Wetland determinations and delineation or wetland boundaries must be conducted within no more than five years prior to the date of permit application. B. Wetland Ratings: 1. Wetlands shall be designated in accordance with the Washington State Wetlands Rating System for Western Washington (Washington State Department of Ecology, 2014, Publication # 14-06-029); or as otherwise amended by Ecology, as Category I, II, III, or IV. C. Wetland Buffers: 1. The purpose of the buffer area shall be to protect the integrity and functions of the wetland area. Any land alteration must be located out of the buffer areas as required by this section. Wetland buffers are intended in general to: 1. Minimize long-term impacts of development on properties containing wetlands; 2. Protect wetlands from adverse impacts during development; 3. Preserve the edge of the wetland and its buffer for its critical habitat value; Office of the City Clerk I City of Tukwila Page 197 of 356 Return to Title 4. Provide an area to stabilize banks, to absorb overflow during high water events and to allow for slight variation of aquatic system boundaries over time due to hydrologic or climatic effects; 5. Reduce erosion and increased surface water runoff; 6. Reduce loss of or damage to property; 7. Intercept fine sediments from surface water runoff and serve to minimize water quality impacts; and 8. Protect the critical area from human and domestic animal disturbances. D. Buffer Requirements: 1. Buffer widths in Table 18.45.080-1 have been established in accordance with the best available science. They are based on the category of wetland and the habitat score. (see next page) Office of the City Clerk I City of Tukwila Page 198 of 356 Return to Title Table 18.45.080-1 — Wetland Buffer Widths (>) A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any nearby Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 18.45.080-1 may be used with the required measures in Table 18.45.080-2 alone. Table 18.45.080-2 Wetland buffer width (feet), Ecology 2014, high-intensity land use impact 0 Direct lights away from wetland Habitat 0 Locate activity that generates noise away from wetland Habitat Habitat Habitat score Habitat score score score Habitat score score <6 8_9 Category <6 66=7 6_7 8_9 Stormwater runoff Standard Alternate Standard Alternate Buffer if Standard Alternate Buffer if • Use Low Intensity Development (LID) techniques where appropriate (for more Buffer Buffer if impact Buffer impact minimization Buffer impact minimization Pets and human disturbance a Use privacy fencing OR plant dense vegetation to delineate buffer edge and to minimization discourage disturbance using vegetation appropriate for the ecoregion measures taken • Place wetland and its buffer in a separate tract or protect with a conservation measures taken easement Dust measures AND buffer is AND buffer is taken AND replanted. Also, 100 replanted. buffer is feet vegetated Also, 100 feet replanted corridor between vegetated corridor wetland and any between wetland nearby Priority and any nearby Habitats is Priority Habitats is maintained (see maintained. footnote see footnote 1 100 75 150 110 300 225 II 100 75 150 110 300 225 III 80 60 150 110 300 225 IV 50 40 50 40 50 40 (>) A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any nearby Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 18.45.080-1 may be used with the required measures in Table 18.45.080-2 alone. Table 18.45.080-2 — Required Measures to Minimize Impacts to Wetlands Disturbance Required Measures to Minimize Impacts Lights 0 Direct lights away from wetland Noise 0 Locate activity that generates noise away from wetland If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10 -foot heavily vegetated buffer strip immediately adjacent to the outer edge of wetland buffer Toxic runoff 9 Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management Stormwater runoff 0 Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use Low Intensity Development (LID) techniques where appropriate (for more information refer to the drainage ordinance and manual Change in water regime . Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance a Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dust a Use best management practices to control dust E. Buffer Setbacks: 1. All commercial and industrial buildings shall be set back 15 feet and all other development shall be set back 10 feet from the buffer's edge. The building setbacks shall be measured from the foundation to the buffer's edge. Building plans shall also identify a 20 -foot area beyond the buffer setback within which the impacts of development will be reviewed. 2. The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the buffer from construction or occasional maintenance activities. Office of the City Clerk I City of Tukwila Page 199 of 356 Return to Title F. Variation Of Standard Wetland Buffer Width: 1. Buffer averaging may be allowed by the Director as a Type 2 permit if the total area of the buffer after averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than either 3/4 of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater, and so long as the following criteria is met: a. The wetland has significant differences in characteristics that affect its habitat functions, and the buffer is increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the wetland and decreased adjacent to the lower -functioning or less -sensitive portion as demonstrated by a critical areas report. b. There are no feasible alternatives to the site design that could be accomplished without buffer averaging, and the averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report. c. Compliance with mitigation sequencing requirements (TMC 18.45.075). d. Compliance with TMC 18.45, "Vegetation Protection and Management" section. e. Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan along with financial guarantee in accordance with this chapter. 2. Interrupted Buffer: Waiver for interrupted buffer maybe allowed by the Director as a Type 2 permit if it complies with the following: a. The buffer is interrupted by a paved public or private road; existing or future levee legally constructed adjacent to an off -channel habitat; legally constructed buildings or parking lots. A buffer shall not be determined to be interrupted due to the presence of accessory structures such as sheds and garages; b. The existing legal improvement creates a substantial barrier to the buffer function; c. The interrupted buffer does not provide additional protection of the critical area from the proposed development; d. The interrupted buffer does not provide significant hydrological, water quality and wildlife functions, and large trees or other significant native vegetation do not exist; and. e. The project proposes to enhance the remaining buffer as much as is feasible. 3. Buffers for all types of wetlands will be increased when they are determined to be particularly sensitive to disturbance or the proposed development will create unusually adverse impacts. Any increase in the width of the buffer shall be required only after completion of a wetland study by a qualified wetlands professional or expert that documents the basis for such increased width. An increase in buffer width may be appropriate when: a. The development proposal has the demonstrated potential for significant adverse impacts upon the wetland that can be mitigated by an increased buffer width; or; b. The area serves as a habitat for endangered, threatened, sensitive or monitor species listed by the federal government or the State. [Ord. 2765 §74, 2025; Ord. 2741 §4 (part), 2024] 18.45.090 Wetlands Uses, Alterations and Mitigation A. Use or development in a wetland or its buffer: No use or development may occur in a wetland or its buffer except as specifically allowed by TMC 18.45. Any use or development allowed is subject to review and approval by the Director. Where required, a mitigation plan must be developed and must comply with the standards of mitigation required in this chapter. Where unauthorized alterations occur within a critical area or its buffer, the City will require the applicant to submit a critical area study, that includes mitigation, subject to approval. The applicant shall be responsible for implementing the mitigation and for additional penalties as determined by the Director. In addition, federal and/or state authorization is required for direct impacts to waters of the United States or the State of Washington. Office of the City Clerk I City of Tukwila Page 200 of 356 Return to Title B. Alterations to Wetlands: 1. Alterations to wetlands are discouraged and are limited to the minimum necessary for project feasibility. Requests for alterations must be accompanied by a mitigation plan, are subject to Director approval, and may be approved only if the following findings are made: actions; a. The alteration complies with mitigation sequencing requirements (TMC 18.45.075); b. The alteration will not adversely affect water quality; c. The alteration will not adversely affect fish, wildlife, or their habitat; d. The alteration will not have an adverse effect on drainage and/or storm water detention capabilities; e. The alteration will not lead to unstable earth conditions or create an erosion hazard or contribute to scouring f. The alteration will not be materially detrimental to any other property; g. The alteration will not have adverse effects on any other critical areas; and h. Complies with the maintenance and monitoring requirements listed within this section. 2. Alterations are not permitted to Category I and II wetlands unless specifically exempted under the provisions of this chapter. 3. Alterations to Category III and IV wetlands are allowed only where unavoidable and adequate mitigation is carried out in accordance with the standards of this section. 4. Alterations to isolated Category IV wetlands less than 1,000 square feet in size that meet all of the following conditions are allowed where adequate mitigation is carried out in accordance with the standards of this section. a. They are not associated with a riparian corridor; b. They are not associated with Shorelines of the State or their associated buffers; c. They are not part of a wetland mosaic; d. They do not contain habitat identified as essential for local populations of priority species identified by the Washington State Department of Fish and Wildlife; and e. They do not score 6 points or greater for habitat in the Western Washington Wetland Rating System. C. Mitigation Standards: 1. Types of Wetland Mitigation: a. Mitigation for wetlands shall follow the mitigation sequencing steps in this chapter and may include the following types of actions in order of decreasing preference: (1) Restoration: (a) Re-establishment: The manipulation of the physical, chemical or biological characteristics of a site with the goal of restoring wetland functions to a former wetland, resulting in a net increase in wetland acres and functions. (b) Rehabilitation: The manipulation of the physical, chemical or biological characteristics of a site with the goal of repairing historic functions and processes of a degraded wetland, resulting in a gain in wetland functions but not acreage. (2) Creation (establishment).: (a) The manipulation of the physical, chemical or biological characteristics to develop a wetland on an upland or deepwater site, where a biological wetland did not previously exist. Office of the City Clerk I City of Tukwila Page 201 of 356 Return to Title (3) Enhancement: The manipulation of the physical, chemical or biological characteristics to heighten, intensify, or improve specific functions (such as vegetation) or to change the growth stage or composition of the vegetation present, resulting in a change in wetland functions but not in a gain in wetland acreage. (4) Combination: A combination of the three types of actions listed above. b. Mitigation Ratios: Required mitigation ratios are described in TMC 18.45.090.C.1.b.(1)-(4) (below). Alternate mitigation ratios may be accepted by the Director upon presentation of justification based on best available science that shows the proposed compensation represents a roughly proportional exchange for the proposed impacts. (1) Alterations are not permitted to Category I or II wetlands unless specifically exempted under the provisions of this program. When alterations are allowed, mitigation ratios for Category I wetlands shall be at a 4:1 for creation or re-establishment, 8:1 for rehabilitation, and 16:1 for enhancement. Mitigation ratios for Category II wetlands shall be at 3:1 for creation or re-establishment, 6:1 for rehabilitation and 12:1 for enhancement. Creation or re-establishment shall be contiguous to the wetland, unless an exception is authorized by the Director. For Category 11 estuarine wetlands, re- establishment, creation and enhancement ratios will be decided on a case-by-case basis. (2) Alterations to Category III wetlands are prohibited except where unavoidable and mitigation sequencing in accordance with this chapter has been utilized and where mitigation is carried out in accordance with the standards in the section. Mitigation for any alteration to a Category III wetland must be provided at a ratio of 2:1 for creation or re-establishment, 4:1 for rehabilitation and 8:1 for enhancement alone. (3) Mitigation for alteration to a Category IV wetland will be 1.5:1 for creation or re-establishment, 3:1 for rehabilitation or 6:1 for enhancement. Where only a portion of a Category IV wetland is filled, the potential functionality of the remaining reduced wetland must be considered in mitigation planning. (4) Mitigation for alteration to wetland buffers will be 1:1. 2. Minimum Performance Standards: The following shall be considered the minimum performance standards for approved wetland alterations: a. Wetland functions improved over those of the original conditions. b. Hydrologic conditions and hydroperiods are improved over existing conditions and the specific hydrologic performance standards specified in the approved mitigation plan are achieved. c. Square feet requirements for creation, reestablishment, rehabilitation or enhancement and for proposed wetland classes are met. d. Vegetation native to the Pacific Northwest is installed and vegetation survival and coverage standards over time are met and maintained. e. Habitat features are installed, if habitat is one of the functions to be improved. f. Buffer and bank conditions and functions exceed the original state. 3. Maintenance and Monitoring: Maintenance and monitoring of mitigation shall be done by the property owner for a period of no less than five (5) years and for ten (10) years when the mitigation plan includes establishing forested wetland and/or buffers. Maintenance shall be carried out in accordance with the approved mitigation plan. Monitoring reports must be submitted to the City for review with the frequency specified in the approved mitigation plan. D. Wetland and Buffer Mitigation Location: 1. In instances where portions of a wetland or wetland buffer impacted by development remain after buffer averaging, mitigation for buffer impacts shall be provided on-site, if feasible. Where an essential public road, street or right- of-way or essential public utility cannot avoid buffer alterations, buffer enhancement must be carried out at other locations around the impacted wetland. 2. On-site mitigation for wetland impacts shall be provided, except where the applicant can demonstrate that: Office of the City Clerk I City of Tukwila Page 202 of 356 Return to Title factors; or a. On-site wetland mitigation is not scientifically feasible due to problems with hydrology, soils, waves or other b. Mitigation is not practical due to potentially adverse impact from surrounding land uses; or c. Existing functions created at the site of the proposed restoration are significantly greater than lost wetland functions; or d. Regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of mitigation at another site, and where off-site mitigation is demonstrated to provide a greater ecological benefit to the watershed. Refer to 2005 WRIA 9 Salmon Habitat Plan as it now reads and hereafter updated or amended, for potential offsite mitigation locations. 3. Purchase of mitigation credits through mitigation banks and in lieu fee programs is preferred over permittee responsible offsite mitigation. 4. The Director may approve, through a Type 2 Critical Area Permit, the transfer of wetland mitigation to a wetland mitigation bank or in -lieu fee program using the criteria in 4.a. through 4.f. below. Wetland mitigation bank credits shall be determined by the certified mitigation banking or in -lieu fee instrument. a. Off-site mitigation is proposed in a wetland mitigation bank that has been approved by all appropriate agencies, including the Department of Ecology, Corps of Engineers, EPA and certified under state rules; and b. The proposed wetland alteration is within the designated service area of the wetland bank; and c. The applicant provides a justification for the number of credits proposed; and d. The mitigation achieved through the number of credits required meets the intent of TMC 18.45; and e. The Director bases the decision on a written staff report, evaluating the equivalence of the lost wetland functions with the number of wetland credits required; and f. The applicant provides a copy of the wetland bank ledger demonstrating that the approved number of credits has been removed from the bank. 5. Where off-site mitigation location is proposed it shall comply with the following criteria: Mitigation sites located within the Tukwila City limits are preferred. b. Mitigation bank or in -lieu fee option is not feasible. c. The proposed mitigation will not alter or increase buffers on adjacent properties without their permission. 6. The Director may approve permittee -responsible offsite mitigation sites outside the city upon finding that: a. Adequate measures have been taken to ensure the non -development and long-term viability of the mitigation site; and b. Adequate coordination with the other affected local jurisdiction has occurred. c. The applicant has selected a site in a location where the targeted functions can reasonably be performed and sustained and has pursued sites in the following order of preference: (1) Sites within the immediate drainage sub -basin; (2) Sites within the next higher drainage sub -basin; and (3) Sites within Green/Duwamish River basin. 7. Wetland creation for restoration projects may only be approved if the applicant can show: (1) that the adjoining property owners are amenable to having wetland buffers extend onto or across their property; or (2) that the on-site wetland buffers are sufficient to protect the functions and values of the wetland and the project as a whole results in net environmental benefit. Office of the City Clerk I City of Tukwila Page 203 of 356 Return to Title E. Mitigation Timing: Mitigation projects shall be completed prior to activities that will permanently disturb wetlands and either prior to or immediately after activities that will temporarily disturb wetlands. Construction of mitigation projects shall be timed to reduce impacts to existing wildlife, flora and water quality, and shall be completed prior to use or occupancy of the activity or development. The Director may allow activities that permanently disturb wetlands prior to implementation of the mitigation plan under the following circumstances: 1. To allow planting or re -vegetation to occur during optimal weather conditions; 2. To avoid disturbance during critical wildlife periods; or 3. To account for unique site constraints that dictate construction timing or phasing. F. Wetland Mitigation Plan Content: 1. The mitigation plan shall be developed as part of a critical area study by a qualified professional. Wetland and/or buffer alteration or relocation may be allowed only when a mitigation plan clearly demonstrates that the changes would be an improvement of wetland and buffer quantitative and qualitative functions. The plan shall show how water quality, habitat, and hydrology would be improved. 2. The scope and content of a mitigation plan shall be decided on a case-by-case basis taking into account the degree of impact and the extent of the mitigation measures needed. As the impacts to the critical area increase, the mitigation measures to offset these impacts will increase in number and complexity. 3. For wetlands, the format of the mitigation plan should follow that established in Wetland Mitigation in Washington State, Part 2 — Developing Mitigation Plans (Washington Department of Ecology, Corps of Engineers, EPA, March 2006 or as amended). 4. The components of a complete mitigation plan are as follows: a. Baseline information of quantitative data collection or a review and synthesis of existing data for both the project impact zone and the proposed mitigation site. b. Environmental goals and objectives that describe the purposes of the mitigation measures. This should include a description of site selection criteria, identification of target evaluation species and resource functions. c. Performance standards of the specific criteria for fulfilling environmental goals and for beginning remedial action or contingency measures. They may include water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. d. A detailed construction plan of the written specifications and descriptions of mitigation techniques. This plan should include the proposed construction sequence, construction management and tree protection and be accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. e. A monitoring and/or evaluation program that outlines the performance standards and methods for assessing whether those performance standards are achieved during the specified monitoring period, at least 5 years. At a minimum, the monitoring plan should address vegetative cover, survival, and species diversity. Any project that alters the dimensions of a wetland or creates a new wetland shall also monitor wetland hydrology. An outline shall be included that spells out how the monitoring data will be evaluated by agencies that are tracking the mitigation project's progress. f. Contingency plan identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards have not been met. Performance security or other assurance devices as described in TMC 18.45.210. [Ord. 2765 §75, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 204 of 356 Return to Title 18.45.100 Watercourse Designations, Ratings and Buffers A. Watercourse Ratings: Watercourse ratings are consistent with the Washington Department of Natural Resources water typing categories (WAC 222-16-030) or as amended, which are based on the existing habitat functions and classified as follows: 1. Type S Watercourse: Watercourses inventoried as Shorelines of the State, under RCW 90.58. These watercourses shall be regulated under TMC 18.44, Shoreline Overlay. 2. Type F Watercourse: Those watercourses that are known to be used by fish or meet the physical criteria to be potentially used by fish (as established in WAC 222-16-031(3) or as amended) and that have perennial (year-round) or seasonal flows. 3. Type Np Watercourse: Those watercourses that have perennial flows and do not meet the criteria of a Type F stream or have been proven not to contain fish using methods described in the Forest Practices Board Manual Section 13. 4. Type Ns Watercourse: Those watercourses that have intermittent flows (do not have surface flow during at least some portion of the year); do not meet the physical criteria of a Type F watercourse; or have been proven to not support fish using methods described in the Forest Practices Board Manual Section 13. B. Watercourse Buffers: Any land alteration must be located out of the buffer areas as required by this section. Watercourse buffers are intended in general to: 1. Minimize long-term impacts of development on properties containing watercourses; 2. Protect the watercourse from adverse impacts during development; 3. Preserve the edge of the watercourse and its buffer for its critical habitat value; 4. Provide shading to maintain stable water temperatures and vegetative cover for additional wildlife habitat; 5. Provide input of organic debris and uptake of nutrients; 6. Provide an area to stabilize banks, to absorb overflow during high water events and to allow for slight variation of aquatic system boundaries over time due to hydrologic or climatic effects; 7. Reduce erosion and increased surface water runoff; 8. Reduce loss of, or damage to, property; 9. Intercept fine sediments from surface water runoff and serve to minimize water quality impacts; and 10. Protect the critical area from human and domestic animal disturbance. An undisturbed and high quality critical area or buffer may substitute for the yard setback and landscape requirements of TMC 18.50 and 18.52. C. Watercourse Buffer Widths: The following buffer widths, measured from the Ordinary High Water Mark (OHWM), apply to each side of a watercourse. If the OHWM cannot be determined, then the buffer will be measured from the top of bank: 1. Type S Watercourse: Regulated under TMC 18.44, Shoreline Overlay. 2. Type F Watercourse: 100 -foot -wide buffer. 3. Type Np Watercourse: Standard 80 -foot -wide buffer; alternate buffer in the 50-65 range allowed with buffer enhancement. 4. Type Ns Watercourse: 50 -foot -wide buffer. Office of the City Clerk I City of Tukwila Page 205 of 356 Return to Title D. Buffer Setbacks: 1. All commercial and industrial buildings shall be set back 15 feet and all other development shall be set back 10 feet. Building setbacks shall be measured from the foundation to the buffer's edge. Building plans shall also identify a 20 -foot area beyond the buffer setback within which the impacts of development will be reviewed. 2. The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the buffer from construction or occasional maintenance activities. E. Variation of Standard Watercourse Buffer Width: 1. Buffer Averaging: Buffer averaging may be allowed by the Director as a Type 2 Critical Area Permit if the total area of the buffer after averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than either 314 of the required width; and the following criteria is met: a. The watercourse has significant differences in characteristics that affect its habitat functions, and the buffer is increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the watercourse and decreased adjacent to the lower -functioning or less -sensitive portion as demonstrated by a critical areas report from a qualified professional. b. There are no feasible alternatives to the site design that could be accomplished without buffer averaging, and the averaged buffer will not result in degradation of the watercourse's functions and values as demonstrated by a critical areas report. c. Compliance with mitigation sequencing requirements (TMC 18.45.075). d. Compliance with TMC 18.45.158, "Vegetation Protection and Management." e. Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan, along with financial guarantee in accordance with this chapter. f. Buffer averaging shall not adversely affect water quality. g. No adverse affect to water temperature or shade potential will occur to the watercourse using methodology per 2011 Washington State Department of Ecology's Green River Temperature Total Maximum Daily Load (TMDL) assessment or as amended. 2. Interrupted Buffer: Waiver for interrupted buffer maybe allowed by the Director as a Type 2 Critical Area Permit if it complies with the following: a. The buffer is interrupted by a paved public or private road, legally constructed buildings, or parking lots. A buffer shall not be determined to be interrupted due to the presence of accessory structures such as sheds and garages; and b. The existing legal improvement creates a substantial barrier to the buffer function; and c. The interrupted buffer does not provide additional protection of the critical area from the proposed development; and d. The interrupted buffer does not provide significant hydrological, water quality and wildlife functions, and large trees or other significant native vegetation do not exist; and e. The project proposes to enhance the remaining buffer as much as is feasible. 3. Buffers for all types of watercourses will be increased when they are determined to be particularly sensitive to disturbance or the proposed development will create unusually adverse impacts. Any increase in the width of the buffer shall be required only after completion of a watercourse study by a qualified professional or expert that documents the basis for such increased width. An increase in buffer width may be appropriate when: a. The development proposal has the demonstrated potential for significant adverse impacts upon the watercourse that can be mitigated by an increased buffer width; or b. The area serves as habitat for endangered, threatened, sensitive or monitor species listed by the federal government or the State. Office of the City Clerk I City of Tukwila Page 206 of 356 Return to Title [Ord. 2765 §76, 2025; Ord. 2741 §4 (part), 2024] 18.45.110 Watercourse Alterations and Mitigation A. Watercourse Alterations: No use or development may occur in a watercourse or its buffer except as specifically allowed by this chapter. Any use or development allowed is subject to the standards of this chapter. B. Alterations: Daylighting and meandering of watercourses is encouraged. Culvert replacement is required where applicable, and upgrades are required to meet State standards. Piping, dredging, diverting or rerouting is discouraged. Culverts are piped segments of streams that flow under a road, trail or driveway. Daylighting of a stream refers to taking a stream out of a pipe that is flowing underground, but not necessarily under a road. All watercourse alterations shall be carried out as specified by the State Department of Fish and Wildlife in accordance with an approved Hydraulic Project Approval (H PA). 1. The City encourages daylighting of a watercourse that is located in a pipe or meandering of a previously altered watercourse to restore the stream to a more natural and open condition. As an incentive for daylighting, the Director may approve reduced buffers or setbacks. Daylighting or meandering of a watercourse is only permitted if the following criteria are met: a. The values and functions of the watercourse are improved, including reducing stream flow during storm and flood events, and providing fish and wildlife habitat. b. No adverse impact to fish are expected to occur. c. Water quality is equal or better than existing condition. d. Hydraulic capacity is maintained within the new channel. e. The watercourse design complies with the Washington Department of Fish and Wildlife Water Crossing Design Guidelines Manual 2013 as it now reads and hereafter updated or amended. 2. On properties with culverts that are being developed or re -developed, or when stream crossings in public or private rights-of-way are being replaced, existing culverts that carry fish -bearing watercourses or those that could bear fish (based on the criteria in WAC 222-16-031, Washington Forest Practices Rules and Regulations) shall be upgraded to meet the standards in the Washington Department of Fish and Wildlife Water Crossing Design Guidelines Manual 2013, or as amended, if technically feasible. Any culvert replacement shall comply with the following criteria: a. The values and functions of the watercourse are improved including reducing stream flow during storm and flood events, and providing fish and wildlife habitat. b. No adverse impact to fish are expected to occur. c. Water quality is equal or better than existing condition. d. Hydraulic capacity is maintained within the new channel. e. The watercourse design complies with the Washington Department of Fish and Wildlife Water Crossing Design Guidelines manual 2013 as it now reads and hereafter updated or amended. 3. Piping, dredging, diverting or rerouting of any watercourse shall be avoided, if possible. Relocation of a watercourse or installation of a bridge is preferred to piping. If piping occurs in a watercourse, it shall be limited to the degree necessary for stream crossings for access. Additionally, these alterations may only occur with the permission of the Director as a Type 2 decision and subject to mitigation sequencing and an approved mitigation plan, and shall meet the following criteria: a. The watercourse alteration shall comply with the standards in current use and the standards of the Washington Department of Fish and Wildlife Water Crossing Design Guidelines Manual 2013 or as amended. b. The watercourse alteration shall not cause adverse impacts to fish, confine the channel or floodplain, or adversely affect riparian habitat (including downstream habitat). Office of the City Clerk I City of Tukwila Page 207 of 356 Return to Title c. Maintenance dredging of watercourses shall be allowed only when necessary to protect public safety, structures and fish passage and shall be done as infrequently as possible. Long-term solutions such as stormwater retrofits are preferred over ongoing maintenance dredging. d. Stormwater runoff shall be detained and infiltrated to preserve the existing hydrology of the watercourse. e. All construction shall be designed to have the least adverse impact on the watercourse, buffer and surrounding environment. Construction shall minimize sedimentation through implementation of best management practices for erosion control. f. As a condition of approval, the Director may require water quality monitoring for stormwater discharges to streams, and additional treatment of stormwater if water quality standards are not being met. g. Where allowed, piping shall be limited to the shortest length possible as determined by the Director to allow access onto a property. h. Where water is piped for an access point, those driveways or entrances shall be consolidated to serve multiple properties where possible, and to minimize the length of piping. Piping shall not create an entry point for road runoff, create downstream scour, or cause erosion or sedimentation. j. Water quality must be as good or better for any water exiting the pipe as for the water entering the pipe, and flow must be comparable. C. Mitigation Standards: 1. The following shall be considered the minimum standards for approved mitigation projects: a. Maintenance or improvement of stream channel habitat and dimensions such that the fisheries habitat functions of the compensatory stream meet or exceed that of the original stream; b. Bank and buffer configuration restored to an enhanced state; c. Channel, bank and buffer areas replanted with native vegetation that improves upon the original condition in species diversity and density; d. Stream channel bed and biofiltration systems equivalent to or better than in the original stream; e. Original fish and wildlife habitat enhanced unless technically not feasible; and f. If onsite mitigation is not possible and to ensure there is no net loss of watercourse functions including, but not limited to, shading, the applicants may pay into an in -lieu fund, if available, to ensure that projects are fully mitigated. 2. Relocation of a watercourse shall not result in the new critical area or buffer extending beyond the development site and onto adjacent property without the written agreement of the affected property owners. D. Mitigation Timing: Mitigation construction shall be completed before modification of the existing watercourse. The Director may allow activities that permanently disturb a watercourse prior to implementation of the mitigation plan under the following circumstances: 1. To allow planting or re -vegetation to occur during optimal weather conditions; or 2. To avoid disturbance during critical wildlife periods; or 3. To account for unique site constraints that dictate construction timing or phasing. E. Mitigation Plan Content: All impacts to a watercourse that degrade the functions of the watercourse or its buffer shall be avoided. If alteration to the watercourse or buffer is unavoidable, all adverse impacts resulting from a development proposal or alteration shall be mitigated in accordance with an approved mitigation plan as described below. 1. Mitigation plans shall be completed for any proposals of dredging, filling, diverting, piping and rerouting of watercourses or buffer impacts and shall be developed as part of a critical area study by a qualified professional. The plan Office of the City Clerk I City of Tukwila Page 208 of 356 Return to Title must show how water quality, treatment, erosion control, pollution reduction, wildlife and fish habitat, and general watercourse quality would be improved. 2. The scope and content of a mitigation plan shall be decided on a case-by-case basis taking into account the degree of impact and extent of mitigation measures needed. As the impacts to the watercourse or its buffer increase, the mitigation plan to offset these impacts will increase in extent and complexity. 3. The components of a complete mitigation plan are as follows: a. Baseline information including existing watercourse conditions such as hydrologic patterns/flow rates, stream gradient, bank full width, stream bed conditions, bank conditions, fish and other wildlife use, in -stream structures, riparian conditions, buffer characteristics, water quality, fish barriers and other relevant information. b. Environmental goals and objectives that describe the purposes of the mitigation measures. This should include a description of site selection criteria, identification of target evaluation species and functions. c. Performance standards for fulfilling environmental goals and objectives and for triggering remedial action or contingency measures. Performance standards may include water quality standards, species richness and diversity targets, habitat diversity indices, creation of fish habitat, or other ecological, geological or hydrological criteria. d. Detailed construction plan of the written specifications and descriptions of mitigation techniques. This plan should include the proposed construction sequence and construction management, and be accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. e. Monitoring and/or evaluation program that outlines the approach for assessing a completed project. At least five years of monitoring is required. An outline shall be included that spells out how the monitoring data will be evaluated by agencies that are tracking the mitigation project's process. For projects that discharge stormwater to a stream, the Director may require water quality monitoring. f. Contingency plan identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards have not been met. Performance security or other assurance devices as described in TMC 18.45.210. [Ord. 2765 §77, 2025; Ord. 2741 §4 (part), 2024] 18.45.120 Areas of Potential Geologic Instability Designations, Ratings and Buffers A. Designation: Potential areas of geologic instability include areas of potential erosion and landslide hazards. Areas of potential geologic instability are classified as follows: 1. Class 1 areas, which have a slope of less than 15%; 2. Class 2 areas, which have a slope between 15% and 40%, and which are underlain by relatively permeable soils; 3. Class 3 areas, which include areas sloping between 15% and 40%, and which are underlain by relatively impermeable soils or by bedrock, and which also include all areas sloping more steeply than 40%; 4. Class 4 areas, which include sloping areas with mappable zones of groundwater seepage, and which also include existing mappable landslide deposits regardless of slope. B. Mapping: 1. The approximate location, extent, and designation of areas of potential geologic instability are depicted in the City's Critical Areas Map. Actual boundaries and designations shall be determined by a qualified professional on a site-specific basis. 2. In addition to the City's Critical Areas Map, the following publicly available mapping information may be used to determine appropriate designations: Office of the City Clerk I City of Tukwila Page 209 of 356 Return to Title a. For historic landslides, areas designated as quaternary slumps, earthflows, mudflows, or landslides on maps published by the U.S. Geological Survey or the WDNR Division of Geology and Earth Resources; b. For potential or historic landslides, those areas mapped by the WDNR (slope stability mapping) as unstable (U or Class 3), unstable old slides (UOS or Class 4), or unstable recent slides (URS or Class 5); C. For soil characteristics, the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) Official Soil Survey Data; and d. For general instability, those areas mapped by the NRCS as having a significant limitation for building site development. C. Buffers: The buffers for areas of potential geologic instability are intended to: 1. Minimize long-term impacts of development on properties containing critical areas; 2. Protect critical areas from adverse impacts during development; 3. Prevent loading of potentially unstable slope formations; 4. Protect slope stability; 5. Provide erosion control and attenuation of precipitation surface water and stormwater runoff; and 6. Reduce loss of or damage to property. D. Geotechnical Reports: 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 18.45.040.C. 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 this chapter. Development proposals shall then include the buffer distances as defined within the geotechnical report. [Ord. 2765 §78, 2025; Ord. 2741 §4 (part), 2024] 18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation A. General: The uses permitted in the underlying zoning district may be undertaken on sites that contain areas of potential geologic instability subject to the standards of this section and the recommendations of a geotechnical study. B. Exemptions: The following areas are exempt from regulation as geologically hazardous areas: 1. Temporary stockpiles of topsoil, gravel, beauty bark or other similar landscaping or construction materials; 2. Slopes related to materials used as an engineered pre -load for a building pad; 3. Roadway embankments within right-of-way or road easements; and 4. Slopes retained by approved engineered structures. C. Alterations: 1. Prior to permitting alteration of an area of potential geologic instability, the applicant must demonstrate one of the following: a. There is no evidence of past instability or earth movement in the vicinity of the proposed development, and, where appropriate, quantitative analysis of slope stability indicates no significant risk to the proposed development or surrounding properties; or b. The area of potential geologic instability can be modified or the project can be designed so that any potential impact to the project and surrounding properties is eliminated, slope stability is not decreased, and the increase in surface water discharge or sedimentation shall not decrease slope stability. 2. Where any portion of an area of potential geologic instability is cleared for development, a landscaping plan for the site shall include replanting of preferably native trees (an equal mix of evergreen and deciduous), shrubs and groundcover. Office of the City Clerk I City of Tukwila Page 210 of 356 Return to Title The landscaping plan must be approved by the Director. Replacement vegetation shall be sufficient to provide erosion and stabilization protection. 3. Critical facilities shall not be sited within or below an area of potential geologic instability unless there is no practical alternative (demonstrated by the applicant). 4. Land disturbing activities in an area of potential geologic instability shall provide for storm water quality and quantity control, including preparation of a TESC and permanent drainage plan prepared by a professional engineer licensed in Washington. 5. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an area of potential geologic instability or its buffer shall be prohibited. When permitted as part of an approved alteration, vegetation removal shall be minimized to the extent practicable. 6. Surface drainage, including downspouts, shall not be directed across the face of an area of potential geologic instability; if drainage must be discharged from the top of a hazard to its toe, it shall be collected above the top and directed to the toe by tight line drain, and provided with an energy dissipative device at the toe for discharge to a swale or other acceptable natural drainage areas. 7. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography (minimize grading/cut and fill to amount necessary). 8. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties. D. Disclosures, Declarations and Covenants: 1. It shall be the responsibility of the applicant to submit, consistent with the findings of the geotechnical report, structural plans that were prepared and stamped by a structural engineer. The plans and specifications shall be accompanied by a letter from the geotechnical engineer who prepared the geotechnical report stating that in his/herjudgment the plans and specifications conform to the recommendations in the geotechnical report, the risk of damage to the proposed development site from soil instability will be minimal subject to the conditions set forth in the report, and the proposed development will not increase the potential for soil movement. 2. Further recommendations signed and sealed by the geotechnical engineer shall be provided should there be additions or exceptions to the original recommendations based on the plans, site conditions or other supporting data. If the geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the City accompanying the plans and specifications, express his or her agreement or disagreement with the recommendations in the geotechnical report and state that the plans and specifications conform to his or her recommendations. 3. The architect or structural engineer shall submit to the City, with the plans and specifications, a letter or notation on the design drawings at the time of permit application stating that he or she has reviewed the geotechnical report, understands its recommendations, has explained or has had explained to the owner the risks of loss due to slides on the site, and has incorporated into the design the recommendations of the report and established measures to reduce the potential risk of injury or damage that might be caused by any earth movement predicted in the report. 4. The owner shall execute a Critical Areas Covenant and Hold Harmless Agreement running with the land on a form provided by the City. The City will file the completed covenant with the King County Department of Records and Licensing Services at the expense of the applicant or owner. A copy of the recorded covenant will be forwarded to the owner. E. Assurance Devices: Whenever the City determines that the public interest would not be served by the issuance of a permit in an area of potential geologic instability without assurance of a means of providing for restoration of areas disturbed by, and repair of property damage caused by, slides arising out of or occurring during construction, the Director may require assurance devices pursuant to TMC 18.45.210. F. Construction Monitoring: Office of the City Clerk I City of Tukwila Page 211 of 356 Return to Title 1. Where recommended by the geotechnical report, the applicant shall retain a geotechnical engineer to monitor the site during construction. The applicant shall preferably retain the geotechnical engineer who prepared the final geotechnical recommendations and reviewed the plans and specifications. If a different geotechnical engineer is retained by the owner, the new geotechnical engineer shall submit a letter to the City stating whether or not he/she agrees with the opinions and recommendations of the original geotechnical engineer. Further recommendations, signed and sealed by the geotechnical engineer, and supporting data shall be provided should there be exceptions to the original recommendations. 2. The geotechnical engineer shall monitor, during construction, compliance with the recommendations in the geotechnical report, particularly site excavation, shoring, soil support for foundations including piles, subdrainage installations, soil compaction and any other geotechnical aspects of the construction. Unless otherwise approved by the City, the specific recommendations contained in the soils report must be implemented by the owner. The geotechnical engineer shall make written, dated monitoring reports on the progress of the construction to the City at such timely intervals as shall be specified. Omissions or deviations from the approved plans and specifications shall be immediately reported to the City. The final construction monitoring report shall contain a statement from the geotechnical engineer that based upon his or her professional opinion, site observations and testing during the monitoring of the construction, the completed development substantially complies with the recommendations in the geotechnical report and with all geotechnical -related permit requirements. Occupancy of the project will not be approved until the report has been reviewed and accepted by the Director. G. Conditioning and Denial of Use or Developments: 1. Substantial weight shall be given to ensuring continued slope stability and the resulting public health, safety and welfare in determining whether a development should be allowed. 2. The City may impose conditions that address site -work problems which could include, but are not limited to, limiting all excavation and drainage installation to the dryer season, or sequencing activities such as installing erosion control and drainage systems well in advance of construction. A permit will be denied if it is determined by the Director that the development will increase the potential of soil movement that results in an unacceptable risk of damage to the proposed development, its site or adjacent properties. [Ord. 2741 §4 (part), 2024] 18.45.140 Coal Mine Hazard Areas A. Development of a site containing an abandoned mine area maybe permitted when a geotechnical report shows that significant risks associated with the abandoned mine workings can be eliminated or mitigated so that the site is safe. Approval shall be obtained from the Director before any building or land -altering permit processes begin. B. Any building setback or land alteration shall be based on the geotechnical report. C. The City may impose conditions that address site -work problems which could include, but are not limited to, limiting all excavation and drainage installation to the dryer season, or sequencing activities such as installing drainage systems or erosion controls well in advance of construction. A permit will be denied if it is determined that the development will increase the potential of soil movement or result in an unacceptable risk of damage to the proposed development or adjacent properties. D. The owner shall execute a Critical Areas Covenant and Hold Harmless Agreement running with the land on a form provided by the City. The City will file the completed covenant with the King County Division of Records and Licensing Services at the expense of the applicant or owner. A copy of the recorded covenant will be forwarded to the owner. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 212 of 356 Return to Title 18.45.150 Fish and Wildlife Habitat Conservation Areas Designation, Mapping, Uses and Standards A. Designation: 1. Fish and wildlife habitat conservation areas include the habitats listed below: a. Areas with which endangered, threatened, and sensitive species have a primary association; b. Habitats and species of local importance, including but not limited to bald eagle habitat, heron rookeries, mudflats and marshes, and areas critical for habitat connectivity; c. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; d. Waters of the State; e. State natural area preserves and natural resource conservation areas; and f. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity. 2. Type S watercourses, including the Green/Duwamish River, are regulated under TMC 18.44 and not under this chapter 3. Wetlands and watercourses are addressed under TMC 18.45.080, 18.45.090, 18.45.100 and 18.45.110, and not under this section. B. Mapping: 1. The approximate location and extent of known fish and wildlife habitat conservation areas are identified by the City's Critical Areas Maps, inventories, open space zones, and Natural Environment Background Report. 2. In addition to the Critical Areas Maps, the following maps are to be used as a guide for the City, but do not provide a final habitat area designation: a. Washington State Department of Fish and Wildlife Priority Habitat and Species Maps; b. Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors report for the Green/Duwamish and Central Puget Sound Watersheds published by King County and the Washington Conservation Commission; and c. NOAA Digital Coast for Washington State. C. Buffers: 1. Each development proposal on, adjacent to, or with the potential to impact a Fish and Wildlife Habitat Conservation Area other than wetlands and watercourses shall be subject to a habitat assessment report pursuant to the requirements of TMC 18.45.040.B. The habitat assessment shall analyze and make recommendations on the need for and width of any setbacks or buffers necessary to achieve the goals and requirements of this chapter, with specific consideration of Priority Habitats and Species Management Recommendations from the Washington Department of Fish and Wildlife. Recommended buffers shall be no less than 100 feet in width. 2. Buffers may be increased by the Director when an area is determined to be particularly sensitive to the disturbance created by a development. Such a decision will be based on a City review of the report as prepared by a qualified biologist and by a site visit. D. Uses and Standards: Each development proposal on, adjacent, or with the potential to impact a Fish and Wildlife Habitat Conservation Area that is not fully addressed under TMC 18.45.080, 18.45.090, 18.45.100 and 18.45.110 shall be subject to a habitat assessment report pursuant to the requirements of TMC 18.45.040.B. The habitat assessment shall analyze potential impacts to Fish and Wildlife Habitat Conservation Areas and make recommendations to minimize such impacts, with specific consideration of Priority Habitats and Species Management Recommendations from the Washington Department of Fish and Wildlife. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 213 of 356 Return to Title 18.45.155 Special Hazard Flood Areas A. Additional Regulations: Regulations governing Special Hazard Flood Areas are found in TMC 16.52, "Flood Plain Management," and TMC 18.45.155.B. B. Floodplain Habitat Assessment: 1. When development is proposed within a Special Hazard Flood area, a floodplain habitat assessment shall be prepared pursuant to the requirements of TMC 18.45.040.B. 2. The floodplain habitat assessment shall address the effects of the development on federally listed salmon, including, but not limited to the following: a. Impervious surfaces, b. Floodplain storage and conveyance, c. Floodplain and riparian vegetation, and d. Stormwater drainage. 3. If the floodplain habitat assessment concludes that the project is expected to have an adverse effect on listed species as evaluated under the guidance issued for ESA compliance under the National Flood Insurance Program in Puget Sound, the applicant shall mitigate those impacts. Such mitigation shall be consistent with, or in addition to, any mitigation required by this chapter and shall be incorporated into the approved project plans. C. Activities Exempt from Floodplain Habitat Assessment: A floodplain habitat assessment is not required under the following circumstances: 1. Projects that are undergoing or have undergone consultation with the National Marine Fisheries Service under the Endangered Species Act. 2. Repair or remodeling of an existing structure, if the repair or remodeling is not a substantial improvement. 3. Expansion of an existing structure that is no greater than 10 percent beyond its existing footprint; provided that the repairs or remodeling are not a substantial improvement, or a repair of substantial damage. This measurement is counted cumulatively from September 22, 2011. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow. 4. Activities with the sole purpose of creating, restoring, or enhancing natural functions provided the activities do not include construction of structures, grading, fill, or impervious surfaces. 5. Development of open space and recreational facilities, such as parks and trails, that do not include structures, fill, impervious surfaces or removal of more than 5 percent of the native vegetation on that portion of the property in the regulatory floodplain. 6. Repair to on-site septic systems provided the ground disturbance is the minimum necessary. 7. Other minor activities considered to have no effect on listed species, as interpreted using ESA guidance issued by the National Flood Insurance Program in Puget Sound and confirmed through City review of the development proposal. [Ord. 2765 §79, 2025; Ord. 2741 §4 (part), 2024] 18.45.158 Vegetation Protection and Management A. Purpose: The purpose of this section is to: 1. Regulate the protection of existing trees and native vegetation in the critical areas and their buffers; 2. Establish requirements for removal of invasive plants at the time of development or re -development of sites; 3. Establish requirements for the long-term maintenance of native vegetation to prevent establishment of invasive species and promote ecosystem processes. Office of the City Clerk I City of Tukwila Page 214 of 356 Return to Title B. Applicability: This chapter sets forth rules and regulations to control maintenance and clearing of trees within the City of Tukwila for properties located within a critical area or its associated buffer. For properties located within the Shoreline jurisdiction, the maintenance and removal of vegetation shall be governed by TMC 18.44, "Shoreline Overlay." TMC 18.54, "Urban Forestry and Tree Regulations," shall govern tree removal on any undeveloped land and any land zoned Community Residential (CR) that is developed with a residential use. TMC 18.52, "Landscape Requirements," shall govern the maintenance and removal of landscaping on developed properties zoned commercial, industrial, or multifamily, and on properties located in the CR zone that are developed with a non-residential use. The most stringent regulations shall apply in case of a conflict. C. Vegetation Retention and Replacement: 1. Retention: a. Native vegetation in critical areas and their buffers must be protected and maintained. No removal of native vegetation is allowed without prior approval by the City except in cases of emergency where an imminent hazard to public life, safety or property exists. Vegetation may be removed from the buffer as part of an enhancement plan approved by the Director. Enhancements will ensure that slope stability and wetland quality will be maintained or improved. Any temporary disturbance of the buffers shall be replanted with a diverse plant community of native northwest species. b. Invasive vegetation (blackberry, ivy, laurel, etc.) may be removed from a critical area or its buffer except steep slopes without a permit if removal does not utilize heavy equipment. The use of herbicide by a licensed contractor with certifications as needed from the Washington Department of Ecology and the Washington Department of Agriculture is permitted but requires notification prior to application to the City and shall comply with TMC 18.45.158.E.3. Invasive vegetation removal on steep slopes requires prior City approval. c. Hazardous or defective trees, as defined in TMC 18.06, maybe removed from a critical area if threat posed by the tree is imminent. If the hazard is not obvious, an assessment by a certified professional, as defined in TMC 18.06, may be required by the Director. Dead and hazardous trees should remain standing or be cut and placed within the critical area to the extent practicable to maximize habitat. Tree replacement in accordance with this chapter is required for any hazardous tree removed from a critical area. d. In the case of development or re -development, as many significant trees and as much native vegetation as possible are to be retained on a site, taking into account the condition and age of the trees. As part of a permit application including, but not limited to, subdivision, design review, or building permit review, the Director may require alterations in the arrangement of buildings, parking or other elements of proposed development in order to retain significant vegetation. 2. Permit Requirements: Prior to any tree removal or site clearing, unless it is part of Special Permission approval for interrupted buffer, buffer averaging or other critical areas deviation, a Type 2 Critical Area Tree Removal and Vegetation Clearing Permit application that meets the application requirements of TMC 18.104 must be submitted to the Department. 3. Criteria for Tree Removal in a Critical Area or its Buffer: A Type 2 Critical Area Tree Removal and Vegetation Clearing Permit application shall only be approved if the proposal complies with the following criteria as applicable: a. The site is undergoing development or redevelopment. b. Tree poses a risk to structures. c. There is imminent potential for root or canopy interference with utilities. d. Tree interferes with the access and passage on public trails. e. Tree condition and health is poor; the City may require an evaluation by an International Society of Arborists (ISA) certified arborist. f. Trees present an imminent hazard to the public. If the hazard is not readily apparent, the City may require an evaluation by an International Society of Arborists (ISA) certified arborist. g. The proposal complies with tree retention, replacement, maintenance and monitoring requirements of this chapter Office of the City Clerk I City of Tukwila Page 215 of 356 Return to Title 4. Tree Replacement Requirements: Where permitted, significant trees that are removed, illegally topped, or pruned by more than 25% within a critical area shall be replaced pursuant to the Tree Replacement Requirements Table (below), up to a density of 100 trees per acre (including existing trees). Significant trees that are part of an approved landscape plan on the developed portion of the site are subject to replacement per TMC 18.52. Dead or dying trees removed that are part of an approved landscape plan on the developed portion of the site shall be replaced at a 1:1 ratio in the next appropriate planting season. Dead or dying trees located within the critical area or its buffer shall be left in place as wildlife snags, unless they present a hazard to structures, facilities or the public. Removal of dead, dying or otherwise hazardous trees in non- developed areas are subject to the replacement requirements listed in the "Tree Replacement Requirements" Table below. The Director may require additional trees or shrubs to be installed to mitigate any potential impact from the loss of this vegetation as a result of new development. Table 18.45.158-1 — Tree Replacement Requirements Diameter* of Tree Removed (*measured at height of 4.5 feet from the ground) Number of Replacement Trees Required 4 - 6 inches (single trunk); 2 inches (any trunk of a multi -trunk tree 3 Over 6 - 8 inches 4 Over 8 - 20 inches 6 Over 20 inches 8 5. If all required replacement trees cannot be reasonably accommodated on the site, the applicant shall pay into a tree replacement fund in accordance with the Consolidated Permit Fee Schedule adopted by resolution of the City Council. 6. Topping of trees is prohibited and will be regulated as removal subject to the Tree Replacement Requirements Table listed above. 7. Pruning of trees shall not exceed 25% of canopy in a 36 -month period. Pruning in excess of 25% canopy shall be regulated as removal with tree replacement required per the Tree Replacement Requirements Table listed above. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director as part of Type 2 Critical Area Tree Removal and Vegetation Clearing Permit. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 213 the height of the tree prior to pruning. D. Tree Protection: All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6 -foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director Office of the City Clerk I City of Tukwila Page 216 of 356 Return to Title 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC 18.45." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. E. Plant Materials Standards: For any new development, redevelopment or restoration in a Critical Area, invasive vegetation must be removed, and native vegetation planted and maintained in the Critical Area and its buffer. 1. A planting plan prepared by a qualified biologist shall be submitted to the City for approval that shows plant species, size, number, spacing, soil preparation irrigation, and invasive species removal. The requirement for a biologist may be waived by the Director when the mitigation area is less than 1,500 square feet. 2. Invasive vegetation must be removed as part of site preparation and native vegetation planted in the Critical Area and its buffer where impacts occur. 3. Removal of invasive species shall be done by hand or with hand-held power tools. The use of herbicide by a licensed contractor with certifications as needed from the Washington Department of Ecology and the Washington Department of Agriculture is permitted but requires notification prior to application to the City and shall comply with this TMC 18.45.158.E.3. Where removal is not feasible by hand or with hand-held power tools and mechanized equipment is needed, the applicant must obtain a Type 2 permit prior to work being conducted. Removal of invasive vegetation must be conducted so that the slope stability, if applicable, will be maintained and native vegetation is protected. A plan must be submitted indicating how the work will be done and what erosion control and tree protection features will be utilized. Federal and State permits may be required for vegetation removal with mechanized equipment. 4. Removal of invasive vegetation may be phased over several years prior to planting, if such phasing is provided for by a plan approved by the Director to allow for alternative approaches, such as sheet mulching and goat grazing. The method selected shall not destabilize the bank or cause erosion. 5. A combination of native trees, shrubs and groundcovers (including but not limited to grasses, sedges, rushes and vines) shall be planted. Site conditions, such as topography, exposure, and hydrology shall be taken into account for plant selection. Other species may be approved if there is adequate justification. Office of the City Clerk I City of Tukwila Page 217 of 356 Return to Title 6. Non-native trees may be used as street trees in cases where conditions are not appropriate for native trees (for example where there are space or height limitations or conflicts with utilities). 7. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape Association — ANLA). 8. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are preferred for buffer plantings. Willow stakes must be at least 1/2 -inch in diameter. For existing developed areas refer to TMC 18.52, "Landscape Requirements," for plant sizes in required landscape areas. 9. Site preparation and planting of vegetation shall be in accordance with Best Management Practices for ensuring the vegetation's long-term health and survival. Irrigation is required for all plantings for the first three years as approved by the Director. 10. Plants may be selected and placed to allow for public and private view corridors with approval by Director. 11. Native vegetation in critical areas and their buffers installed in accordance with the preceding standards shall be maintained by the property owner to promote healthy growth and prevent establishment of invasive species. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according to the approved maintenance plan. 12. Critical areas, including steep slopes disturbed by removal of invasive plants or development, shall be replanted with native vegetation where necessary to maintain the density shown in the Critical Area Buffer Vegetation Planting Densities Table below, and must be replanted in a timely manner except where a long-term removal and re -vegetation plan, as approved by the City, is being implemented. Table 18.45.158-2 — Critical Area Buffer Vegetation Planting Densities Table Plant Material Type Planting Density Stakes/cuttings along streambank willows, red osier dogwood) 1 - 2 feet on center or per bioengineering method Shrubs 3 - 5 feet on center, depending on species Trees 15 — 20 feet on center, depending on species Groundcovers, grasses, sedges, rushes, other herbaceous plants 1 —1.5 feet on center, depending on species Native seed mixes 5 — 25 lbs. per acre, depending on species 13. The Director, in consultation with the City's environmentalist, may approve the use of shrub planting and installation of willow stakes to be counted toward the tree replacement standard in the buffer if proposed as a measure to control invasive plants and increase buffer function. F. Vegetation Management in Critical Areas: The requirements of this section apply to all existing and new development within critical areas. 1. Trees and shrubs may only be pruned for safety, to maintain access corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility lines, and/or for improving critical area ecological function. No more than 25% may be pruned from a tree within a 36 -month period without prior City review. This type of pruning is exempt from any permit requirements. 2. Plant debris from removal of invasive plants or pruning shall be removed from the site and disposed of properly unless on-site storage is approved by the Director. Per King County Noxious Weed Control Program guidelines, regulated noxious weeds shall be disposed of in the landfill/trash and non-regulated noxious weeds may be disposed of in green waste or composted on site. 3. Use of pesticides: a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in the critical area or its buffer except where: Office of the City Clerk I City of Tukwila Page 218 of 356 Return to Title (1) Alternatives such as manual removal, biological control, and cultural control are not feasible given the size of the infestation, site characteristics, or the characteristics of the invasive plant species and herbicide is determined to be least ecologically impactful; (2) The use of pesticides has been approved by the City through a comprehensive vegetation or pest management and monitoring plan, or a King County Noxious Weed Control Program Best Management Practices document; (3) The pesticide is applied in accordance with state regulations; (4) The proposed herbicide is approved for aquatic use by the U.S. Environmental Protection Agency; and (5) The use of pesticides in the critical area jurisdiction is approved by the City and the applicant presents a copy of the Aquatic Pesticide Permit issued by the Department of Ecology or Washington Department of Agriculture, if required. b. Self-contained rodent bait boxes designed to prevent access by other animals are allowed. c. Sports fields, parks, golf courses and other outdoor recreational uses that involve maintenance of extensive areas of turf shall implement an integrated turf management program or integrated pest management plan designed to ensure that water quality in the critical area is not adversely impacted. 4. Restoration Project Plantings: Restoration projects may overplant the site as a way to discourage the re- establishment of invasive species. Thinning of vegetation without a separate Type 2 Critical Area or Tree Permit may be permitted five to ten years after planting if this approach is approved as part of the restoration project's maintenance and monitoring plan and with approval by the City prior to thinning work. G. Maintenance and Monitoring: The property owner is required to ensure the viability and long-term health of vegetation planted for replacement or mitigation through proper care and maintenance for the life of the project subject to permit requirements as follows: 1. Tree Replacement and Vegetation Clearing Permit Requirements: a. Schedule an inspection with the City of Tukwila's Urban Environmentalist to document planting of the correct number and type of plants. b. Submit annual documentation of tree and vegetation health for three (3) years. 2. Restoration and Mitigation Project Requirements: a. A five (5) year monitoring and maintenance plan must be approved by the City prior to permit issuance. The monitoring period will begin when the restoration is accepted by the City and as -built plans have been submitted. b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring period. Reports shall measure survival rates against project goals and present contingency plans to meet project goals. c. Mitigation will be complete after project goals have been met and accepted by the City of Tukwila's Urban Environmentalist. d. A performance bond or financial security equal to 150% of the cost of labor and materials required for implementation of the planting, maintenance and monitoring shall be submitted prior to City acceptance of project. [Ord. 2765 §80, 2025; Ord. 2741 §4 (part), 2024] 18.45.160 Critical Area Master Plan Overlay A. The purpose of this section is to provide an alternative to preservation of existing individual wetlands, watercourses and their buffers in situations where an area -wide plan for alteration and mitigation will result in improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through the strict application of the provisions of TMC 18.45. B. The City Council may designate certain areas as Critical Area Master Plan Overlay Districts for the purpose of allowing and encouraging a comprehensive approach to critical area protection, restoration, enhancement and creation in Office of the City Clerk I City of Tukwila Page 219 of 356 Return to Title appropriate circumstances utilizing best available science. Designation of Critical Area Master Plan Overlay Districts shall occur through the Type 4 decision process established by TMC 18.104. C. Criteria for designating a Critical Area Master Plan Overlay District shall be as follows: 1. The overlay area shall be at least 10 acres. 2. The City Council shall find that preparation and implementation of a Critical Area Master Plan is likely to result in net improvements in critical area functions when compared to development under the general provisions of TMC 18.45. D. Within a Critical Area Master Plan Overlay District, only those uses permitted under TMC 18.45.070, 18.45.090 and 18.45.110 shall be allowed within a Category I wetland or its buffer. E. Within a Critical Area Master Plan Overlay District, the uses permitted under TMC 18.45.070, 18.45.090 and 18.45.110 and other uses as identified by an approved Critical Area Master Plan shall be permitted within Category III and Category IV wetlands and their buffers; and within Type F, Np and Ns watercourses and their buffers, provided that such uses are allowed by the underlying zoning designation. F. A Critical Area Master Plan shall be prepared under the direction of the Director of Community Development. Consistent with subsection A, the Director may approve development activity within a Critical Area Overlay District for the purpose of allowing and encouraging a comprehensive approach to critical areas protection, creation, and enhancement that results in environmental benefits that may not be otherwise achieved through the application of the requirements of TMC 18.45. G. The Director shall consider the following factors when determining whether a proposed Critical Areas Overlay and Master Plan results in an overall net benefit to the environment and is consistent with best available science: 1. Whether the Master Plan is consistent with the goals and policies of the Natural Environment Element and the Shorelines Element (if applicable) of the Tukwila Comprehensive Plan. 2. Whether the Master Plan is consistent with the purposes of TMC 18.45 as stated in TMC 18.45.010. 3. Whether the Master Plan includes a Mitigation Plan that incorporates stream or wetland restoration, enhancement or creation meeting or exceeding the requirements of TMC 18.45.090 and/or TMC 18.45.110, as appropriate. 4. Whether proposed alterations or modifications to critical areas and their buffers and/or alternative mitigation results in an overall net benefit to the natural environment and improves critical area functions. 5. Whether the Mitigation Plan gives special consideration to conservation and protection measures necessary to preserve or enhance anadromous fisheries. 6. Mitigation shall occur on-site unless otherwise approved by the Director. The Director may approve off-site mitigation only upon determining that greater protection, restoration or enhancement of critical areas could be achieved at an alternative location within the same watershed. 7. Where feasible, mitigation shall occur prior to grading, filling or relocation of wetlands or watercourses. 8. At the discretion of the Director, a proposed Master Plan may undergo peer review, at the expense of the applicant. Peer review, if utilized, shall serve as one source of input to be utilized by the Director in making a final decision on the proposed action. H. A Critical Area Master Plan shall be subject to approval by the Director of Community Development. Such approval shall not be granted until the Master Plan has been evaluated through preparation of an Environmental Impact Statement (EIS) under the requirements of TMC 21.04. The EIS shall compare the environmental impacts of development under the proposed Master Plan relative to the impacts of development under the standard requirements of TMC 18.45. The Director shall approve the Critical Area Master Plan only if the evaluation clearly demonstrates overall environmental benefits, giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. Office of the City Clerk I City of Tukwila Page 220 of 356 Return to Title I. The critical area buffer widths for those areas that were altered, created or restored as mitigation (Wetland 10, 1, Johnson Creek and the Green River off -channel habitat), at the time of approval of the Sensitive Area Master Plan (SAMP) Permit No. L10-014 shall be vested as shown on Map A to be codified as Figure 18-59; provided the adjacent land was cleared and graded pursuant to a City -approved grading permit; and provided further that those mitigation measures required by the SAMP were performed and meet the ecological goals, in accordance with the terms of the SAMP. [Ord. 2741 §4 (part), 2024] 18.45.170 Critical Area Tracts and Easements A. In development proposals for planned residential or mixed use developments, short subdivisions or subdivisions, and boundary line adjustments and binding site plans, applicants shall create critical areas tracts or easements, in lieu of an open space tract, per the standards of the Planned Residential Development District chapter of this title. B. Applicants proposing development involving uses other than those listed in TMC 18.45.170.A, on parcels containing critical areas or their buffers, may elect to establish a critical areas tract or easement which shall be: 1. If under one ownership, owned and maintained by the owner; 2. If held in common ownership by multiple owners, maintained collectively; or 3. Dedicated for public use if acceptable to the City or other appropriate public agency. C. A notice shall be placed on the property title or plat map that critical area tracts or easements shall remain undeveloped in perpetuity. [Ord. 2741 §4 (part), 2024] 18.45.180 Exceptions A. Reasonable Use Exceptions: 1. If application of TMC 18.45 would deny all reasonable use of the property containing designated critical areas 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 `B]IDOI 3. If the applicant demonstrates to the satisfaction of the Hearing Examiner that application of the provisions of TMC 18.45 would deny all reasonable use of the property, development may be allowed that is consistent with the general purposes of TMC 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 critical 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 critical areas and their buffers has been minimized to the greatest extent possible. f. All unavoidable impacts are fully mitigated. Office of the City Clerk I City of Tukwila Page 221 of 356 Return to Title g. 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 critical areas ordinance provisions that prevents or interferes with the reasonable use of the property; or (3) a violation of the critical areas ordinance. h. 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 this chapter to the extent feasible; and (2) does not create a risk of damage to other property or to the public health, safety and welfare. i. 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. B. Emergencies: Alterations in response to an emergency that poses an immediate threat to public health, safety or welfare, or that poses an immediate risk of damage to private property may be excepted. Any alteration undertaken as an emergency shall be reported within one business day to the Community Development Department. The Director shall confirm that an emergency exists and determine what, if any, mitigation and conditions shall be required to protect the health, safety, welfare and environment and to repair any damage to the critical area and its required buffers. Emergency work must be approved by the City. If the Director determines that the action taken, or any part thereof, was beyond the scope of an allowed emergency action, then the enforcement provisions of TMC 18.45.195 shall apply. [Ord. 2741 §4 (part), 2024y 18.45.190 Time Limitation, Appeals and Vesting A. Time Limitation: Type 2 Critical Area Permit decisions for interrupted buffer, buffer averaging or other alterations shall expire one year after the decision unless an extension is granted by the Director. Type 1 Tree Permits for tree removal within critical areas or their buffers shall expire one year after the permit is issued, unless an extension is granted by the Director. Extensions of a Type 2 Special Permission or Type 1 tree permit may be granted if: 1. Unforeseen circumstances or conditions necessitate the extension of the permit; and 2. Termination of the permit would result in unreasonable hardship to the applicant; and the applicant is not responsible for the delay; and 3. The extension of the permit will not cause substantial detriment to existing uses, critical areas, or critical area buffers in the immediate vicinity of the subject property. B. Appeals: Any appeal of a final decision made by the Department pursuant to TMC 18.45 shall be an appeal of the underlying permit or approval. Any such appeal shall be processed pursuant to TMC 18.116. C. In considering appeals of decisions or conditions, the following shall be considered: 1. The intent and purposes of this chapter; 2. Technical information and reports considered by the Department; and 3. Findings of the Director, which shall be given substantial weight. Office of the City Clerk I City of Tukwila Page 222 of 356 Return to Title D. Vesting: Projects are vested to the critical areas ordinance in effect at the time a complete permit is submitted except for subdivisions, binding site plans, and shoreline permits. Subdivisions or binding site plans are vested to the critical area ordinance in effect at the time complete application is submitted for preliminary subdivision or for the binding site plan. The final subdivision and all future building permits on the lots remain vested to that same critical areas ordinance in effect for the preliminary subdivision or preliminary binding site plan application, so long as building permits are applied for within five (5) years of the final subdivision. Vesting provisions for shoreline permits are provided in TMC 18.44. [Ord. 2765 §81, 2025; Ord. 2741 §4 (part), 2024] 18.45.195 Violations A. Violations: Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC 8.45. The following actions shall be considered a violation of this chapter: 1. To use, construct or demolish a structure or to conduct clearing, earth -moving, construction or other development not authorized under a Special Permission, Reasonable Use or other permit where such permit is required by this chapter. 2. Any work that is not conducted in accordance with the plans, conditions, or other requirements in a permit approved pursuant to this chapter, provided the terms or conditions are stated in the permit or the approved plans. 3. To remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter. 4. To misrepresent any material fact in any application, plans or other information submitted to obtain any critical area use, buffer reduction or development authorization. 5. To fail to comply with the requirements of this chapter. B. Penalties: 1. Except as provided otherwise in this section, any violation of any provision of this chapter, or failure to comply with any of the requirements of this chapter, shall be subject to the penalties prescribed in TMC 8.45, "Enforcement". 2. It shall not be a defense to the prosecution for failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work erroneously believed a permit had been issued to the property owner or any other person. 3. Penalties for Tree Removal: a. In addition to any other penalties or other enforcement allowed bylaw, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. b. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to the marketable value of each tree removed or damaged as determined by a Qualified Tree Professional, whichever is greater. c. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the City's Tree Fund; 25% into the General Fund. d. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. e. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC 18.54.200. f. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. Office of the City Clerk I City of Tukwila Page 223 of 356 Return to Title C. Remedial Measures Required: In addition to penalties assessed, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. 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. 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table 18.45.158-1, Tree Replacement Requirements. 3. The applicant shall satisfy the permit provisions as specified in this chapter. 4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter. 5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice of Violation and Order is issued pursuant to TMC 8.45, or within the time period otherwise specified by the Director. 6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. [Ord. 2741 §4 (part), 2024] 18.45.197 Enforcement A. General: In addition to the Notice of Violation and Order measures prescribed in TMC 8.45, the Director may take any or all of the enforcement actions prescribed in this chapter to ensure compliance with, and/or remedy a violation of this chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive Relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Special Permission or Tree Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC 8.45. C. Inspection Access: 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Permit or this chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of permit issuance to ensure compliance with this chapter. The permit process is complete upon final approval by the Director. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 224 of 356 Return to Title 18.45.200 Recording Required The property owner receiving approval of a use or development permit pursuant to TMC 18.45 shall record the City - approved site plan, clearly delineating the wetland, watercourse, areas of potential geologic instability or abandoned mine and their buffers designated by TMC 18.45.080, 18.45.090, 18.45.100, 18.45.120, 18.45.140 and 18.45.150 with the King County Division of Records and Licensing Services. The face of the site plan must include a statement that the provisions of TMC 18.45, as of the effective date of the ordinance from which TMC 18.45 derives or is thereafter amended, control use and development of the subject property, and provide for any responsibility of the property owner for the maintenance or correction of any latent defects or deficiencies. Additionally, the applicant shall provide data (GPS or survey data) for updating the City's critical area maps. [Ord. 2741 §4 (part), 2024] 18.45.210 Assurance Device A. In appropriate circumstances, such as when mitigation is not completed in advance of the project, the Director may require a letter of credit or other security device acceptable to the City to guarantee performance and maintenance requirements of TMC 18.45. All assurances shall be on a form approved by the City Attorney and be equal to 150% of the cost of the labor and materials for implementation of the approved mitigation plan. B. When alteration of a critical area is approved, the Director may require an assurance device, on a form approved by the City Attorney, to cover the cost of monitoring and maintenance costs and correction of possible deficiencies for five years. If at the end of five years performance standards are not being achieved, an increase in the security device may be required by the Director. When another agency requires monitoring beyond the City's time period, copies of those monitoring reports shall be provided to the City. C. The assurance device shall be released by the Director upon receipt of written confirmation submitted to the Department from the applicant's qualified professional, and confirmed by the City, that the mitigation or restoration has met its performance standards and is successfully established. Should the mitigation or restoration meet performance standards and be successfully established in the third or fourth year of monitoring, the City may release the assurance device early. The assurance device may be held for a longer period, if at the end of the monitoring period, the performance standards have not been met or the mitigation has not been successfully established. In such cases, the monitoring period will be extended and the bond held until the standards have been met. D. Release of the security does not absolve the property owner of responsibility for maintenance or correcting latent defects or deficiencies or other duties under law. [Ord. 2741 §4 (part), 2024] 18.45.220 Assessment Relief A. Fair Market Value: The King County Assessor considers critical area regulations in determining the fair market value of land under RCW 84.34. B. Current Use Assessment: Established critical area tracts or easements, as defined in the Definitions chapter of this title and provided for in TMC 18.45.170, may be classified as open space and owners thereof may qualify for current use taxation under RCW 18.34; provided, such landowners have not received density credits, or setback or lot size adjustments as provided in the Planned Residential Development District chapter of this title. C. Special Assessments: Landowners who qualify under TMC 18.45.220.13 shall also be exempted from special assessments on the critical area tract or easement to defray the cost of municipal improvements such as sanitary sewers, storm sewers and water mains. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 225 of 356 Return to Title CHAPTER 18.46 PLANNED RESIDENTIAL DEVELOPMENT (PRD) Sections: 18.46.010 Purpose 18.46.020 Applicability 18.46.030 Permitted Uses 18.46.040 Relationship to Other Standards 18.46.050 Density Standards 18.46.060 Open Space 18.46.070 Application Procedures 18.46.080 Review Criteria 18.46.090 Restrictive Covenants 18.46.100 Construction Application 18.46.110 Minor and Major Adjustments 18.46.120 Expiration of PRD After Building Permit Issuance 18.46.010 Purpose A. It is the purpose of this chapter to encourage imaginative site and building design on parcels with environmentally critical areas by permitting greater flexibility in zoning requirements than is permitted by other sections of this title. Furthermore, it is the purpose of this chapter to: 1. Promote the retention of significant features of the natural environment, including topography, vegetation, waterways, wetlands and views; 2. Encourage a variety or mixture of housing types; 3. Encourage maximum efficiency in the layout of streets, utility networks, and other public improvements; and 4. Create and/or preserve usable open space for the enjoyment of the occupants and the general public. [turd. 2765 §83 (part), 2025] 18.46.020 Applicability A. Planned residential development (PRD) may be permitted in the CR and HDR zoning districts and in the TSO overlay, on parcels that contain environmentally critical areas and/or their associated buffers. [Ord. 2765 §83 (part), 2025] 18.46.030 Permitted Uses A. Only residential uses, and any associated accessory uses, that are permitted in the underlying zoning district are permitted in a PRD. [Ord. 2765 §83 (part), 2025] 18.46.040 Relationship to Other Standards A. Lot Size, Building Height and Setbacks: 1. Lot Size and Setbacks: A maximum reduction of 30% for lot areas and setbacks shall be permitted, provided that the following are also substantially provided: a. At least 15% of the natural vegetation is retained (in cases where significant stands exist). b. Advantage is taken or enhancement is achieved of unusual or significant site features such as views, watercourses, or other natural characteristics. Office of the City Clerk I City of Tukwila Page 226 of 356 Return to Title c. Separation of auto and pedestrian movement is provided, especially in or near areas of recreation. d. Development aspects of the PRD complement the land use policies of the Comprehensive Plan. 2. Building Height: Building heights may be modified within a PRD when the modification would assist the preservation of natural resources and significant vegetation and enhance views within the site. B. Off-street Parking: Off-street parking shall be provided in a PRD in the same ratio for types of buildings and uses as required in the Off-street Parking and Loading Regulations chapter of this title. However, up to 50% of the stalls may be permitted to be compact stalls allowance, and parking stalls in front of carports or garages will be allowed if the design does not affect circulation. If the applicant can demonstrate that installation of required parking necessitates tree removal, the parking requirements may be waived. C. Subdivision Requirements: The standards of the subdivision code for residential subdivisions shall apply to planned residential developments if such standards are not in conflict with the provisions of this chapter. Upon final approval of the PRD, filing of the PRD shall be in accordance with procedures of the subdivision code if any lots are to be transferred. D. Recreation Space Requirements. Environmentally critical areas, and stands of significant trees, may be counted as area required to meet the recreation space minimums, if usable passive recreation opportunities within these areas are demonstrated. Opportunities could include connection and continuation of area -wide trail systems, wildlife or scenic viewing opportunities, or picnic areas. E. Landscape and Site Treatment for Sites with Class 2, Class 3 and Class 4 Geologic Hazard Areas: 1. Downslope and Side Yard Buffers: Photomontage or computer-generated perspectives, taken from the nearest downslope off-site privately -owned property, shall show minimum landscape coverage of 25% of the structures at the time of project completion with anticipated 40% coverage within 15 years. This standard may supplement or be in lieu of the applicable landscape yard requirement. 2. Roads and Access Drives: Any road or access drive which cuts approximately perpendicular to a slope to the ridge line of a hill shall have minimum five-foot planted medians. Trees shall be a species that provides a branch pattern sufficient to provide, at maturity, 50% coverage of the pavement area. Roads or drives which require retaining walls parallel to the topographic line shall plant roadside buffers of Northwest native plant species. [Ord. 2765 §83 (part), 2025] 18.46.050 Density Standards A. The City Council may authorize a dwelling -unit density not more than 50% greater than permitted by the underlying zones, after entry of findings that the following are substantially provided: 1. A variety of housing types is offered. 2. At least 15% of the natural vegetation is retained (in cases where significant stands exist). 3. Advantage is taken or enhancement is achieved of unusual or significant site features such as views, watercourses, wetlands or other natural characteristics. 4. Separation of auto and pedestrian movement is provided, especially in or near areas of recreation. 5. Developmental aspects of the PRD complement the land use policies of the Comprehensive Plan. [Ord. 2765 §83 (part), 2025] 18.46.060 Open Space A. Planned residential developments shall set aside sensitive areas and their buffers in a sensitive areas tract as required by TMC 18.45.090, and will be exempted from other open space requirements of this section. [Ord. 2765 §83 (part), 2025] Office of the City Clerk I City of Tukwila Page 227 of 356 Return to Title 18.46.070 Application Procedures A. Filing of Application. Application for approval of the PRD shall be made on forms prescribed by the Department and shall be accompanied by a filing fee as required in the Application Fees chapter of this title and by the following: 1. Justification for the density increases, or lot size and setback reductions, if requested by the applicant; 2. Program for development including staging or timing of development; 3. Proposed ownership pattern upon completion of the project; 4. Basic content of any restrictive covenants; 5. Provisions to assure permanence and maintenance of common open space through a homeowners' association, or similar association, condominium development or other means acceptable to the City; 6. An application for rezone may be submitted with the PRD application if rezoning is necessary for proposed density. Fees for rezone request shall be in addition to those of the PRD application; 7. An application for preliminary subdivision may be submitted with the PRD application, if necessary. Fees for the subdivision shall be in addition to those of the PRD application; 8. Graphic images of development in any sensitive area or buffer, including photomontage or computer-generated perspectives in a standardized format required by the Director; 9. Every reasonable effort shall be made to preserve existing trees and vegetation and integrate them into the subdivision's design by preparing a tree inventory of the significant vegetation on-site as part of the preliminary subdivision application. A tree and vegetation retention/removal plan shall be part of any preliminary subdivision application. Such tree and vegetation retention/removal plan shall assure the preservation of significant trees and vegetation. B. Application Review. 1. PRD applications shall be processed pursuant to TMC 18.104. 2. The PRD shall be an exception to the regulations of the underlying zoning district. The PRD shall constitute a limitation on the use and design of the site unless modified by ordinance. [Ord. 2765 §83 (part), 2025] 18.46.080 Review Criteria A. The City Council shall find that the proposed development plans meet all of the following criteria in their decision making: 1. Requirements of the subdivision code for the proposed development have been met, if appropriate; 2. Reasons for density increases, or lot size and setback reductions, meet the criteria as listed in the Planned Residential Development District chapter of this title; 3. Adverse environmental impacts have been mitigated; 4. Compliance of the proposed PRD to the provisions of this chapter and the Sensitive Areas Overlay District chapter of this title; 5. Time limitations, if any, for the entire development and specified stages have been documented in the application; 6. Development in accordance with the Comprehensive Land Use Policy Plan and other relevant plans; 7. Compliance with design review requirements (see TMC 18.60); and 8. Appropriate retention and preservation of existing trees and vegetation recommended by the Director. [Ord. 2765 §83 (part), 2025] Office of the City Clerk I City of Tukwila Page 228 of 356 Return to Title 18.46.090 Restrictive Covenants A. The restrictive covenants intended to be used by the applicant in a planned residential development (PRD), which purport to restrict the use of land or the location or character of buildings or other structures thereon, must be approved by the City Council and the City Attorney before the issuance of any building permit. [Ord. 21b5 §83 (part), 2025] 18.46.100 Construction Application A. The following procedures are required for approval of construction for the proposed planned residential development: 1. Time Limitation: A complete application for the initial building permit shall be filed by the applicant within twelve months of the date on which the City Council approved the PRD. An extension of time for submitting an application may be requested in writing by the applicant, and an extension not exceeding six months may be granted by the Director. If application for the initial building permit is not made within twelve months or within the time for which an extension has been granted, the plan shall be considered abandoned, and the development of the property shall be subject to the requirements and limitations of the underlying zone and the subdivision code. 2. Application: Application for building permit shall be made on forms prescribed by the Department and shall be accompanied by a fee as prescribed by the building code. 3. Documentation Required: All schematic plans either presented or required in the approved PRD plans shall be included in the building permit application presented in finalized, detailed form. These plans shall include but are not limited to landscape, utility, open space, circulation, and site or subdivision plans. Final subdivisions and public dedication documents must be approved by the City Council before the issuance of any building permits. 4. Sureties Required for Staging: If the PRD is to be developed in stages, sureties or other security device as shall be approved by the City Attorney shall be required for the complete PRD. The various stages or parts of the PRD shall provide the same proportion of open space and the same overall dwelling unit density as provided in the final plan. 5. Department Action: The Department shall determine whether the project plans submitted with the building permit are in compliance with and carry out the objectives of the approved PRD. [Ord. 2765 §83 (part), 2025] 18.46.110 Minor and Major Adjustments A. If minor adjustments or changes are proposed following the approval of the PRD, such adjustments shall be approved by the Department prior to the issuance of a building permit. Minor adjustments are those which may affect the precise dimensions or siting of structures, but which do not affect the basic character or arrangement of structures approved in the final plan, or substantially alter the density of the development. Major adjustments are those which, as determined by the Department, substantially change the basic design, density, open space, or other substantive requirement or provision. If the applicant wishes to make one or more major changes, a revised plan must be approved pursuant to the Planned Residential Development District chapter of this title. [Ord. 2765 §83 (part), 2025] 18.46.120 Expiration of PRD After Building Permit Issuance A. Construction of improvements in the PRD shall begin within six months from the date of the issuance of the building/development permit. An extension of time for beginning construction may be requested in writing by the applicant, and such extension not exceeding six months may be granted by the Department upon showing of good cause. If construction does not occur within 12 months from the date of permit issuance or if this permit expires the plan shall be considered abandoned, and the development of the property shall be subject to the requirements and limitations of the underlying zone and TMC Title 17. [Ord. 2765 §83 (part), 2025] Office of the City Clerk I City of Tukwila Page 229 of 356 CHAPTER 18.47 DEVELOPMENT INCENTIVE PROGRAM Sections: 18.46.010 Purpose 18.46.020 Applicability and Eligibility 18.46.030 Community Benefits and Development Standards 18.47.010 Purpose A. It is the purpose of this chapter to incentivize certain types of new development to provide benefits for the Tukwila community by providing flexibility for certain standards. 18.47.020 Applicability and Eligibility A. A project within the Regional Center (RC) or Neighborhood Commercial Center (NCC) zoning districts may opt into the Development Incentive Program by voluntarily providing one or more of the listed Community Benefits in the Development Incentive Program table. A project must earn at least 100 points to comply with the standards of this program. All applicants wishing to participate in this program shall apply for and obtain a Type 2 Design Review Permit, via which verification of compliance with this program shall be determined. A detailed narrative is required to verify compliance. The Department may request any other information or certification necessary to determine compliance with the program and award points. B. The Development Incentive Program table shall be used to evaluate eligibility for a development to obtain one or more of the following: 1. Increased height beyond the base height limit within an applicable zoning district, up to the incentive height limit; and/or 2. In accordance with the provisions of TMC 18.60.070, a departure from the Multi -Family, Mixed Use, Hotel, and Motel Design Review Criteria. 18.47.030 Community Benefits and Development Standards A. See each Community Benefit for details regarding eligibility and development and design standards. Development Incentive Program Community Development Standards Points Benefits Eligibility 1. At least 5% of all units contain 3 or more bedrooms and at least 20% of all homes Family Sized contain 2 bedrooms; or 100 Homes 2. At least 10% of all units contain 3 or more bedrooms; or 3. At least 40% of all units contain 2 bedrooms Eligibility: Affordable For a minimum of at least 12 years, at least 20% of all units shall be affordable to those 100 Homes earning 80% or less of the King County Area Median Income. Development Incentive Program Community Development Standards Points Benefits Eligibility: At least 4 feet of additional frontage beyond minimum requirements in the underlying zoning district or other City standards. Required along all frontages of the development site. Required Frontage Zone Features: Enhanced The frontage shall feature at least 3 of the following: 100 Streetscapes 1. Additional landscaping beyond the minimum required; 2. Decorative paving; 3. Additional weather protection; 4. Artistic elements; 5. Structures that encourage active use, such as permanent street cafe features or play equipment, and retail patios; 6. Residential patios or stoops. Definition: A pedestrian pathway is an urban design intervention to increase pedestrian connectivity and increase the number activity areas located at corners and intersections. Eligibility: At project shall install at least one pedestrian pathway, with a minimum width of 16 feet and maximum width of 30 feet. A site is eligible for this benefit only when the Pedestrian midblock promenade can be sited more than 150 feet from the nearest public or 100 Pathways private intersection that provides public pedestrian access. Walkways shall incorporate textured paving, plantings, landscaping, pedestrian -scale lighting, and active residential or non-residential entrances and frontages. If stairs are incorporated, the stairs shall feature bicycle runnels. Easements: Permanent public easements for access are required. Terms of the public access may be established; however, terms may not include restrictions on walking bicycles or prohibitions of usage by the public after 6:00 AM or before 10:00 PM. Examples: Sport courts, child play areas, dog relief areas, climbing walls, and exercise equipment. Active Recreation Eligibility: 50 Area A project shall install at least one active recreation area, which may be located out -or - indoors. The recreation area shall be a minimum of 2,500 square feet and shall be accessible to the public. A fee may be charged for use, but usage may not be limited by means of membership or to building tenants/occupants. Definition: A publicly accessible continuous open space located within a building and covered to provide overhead weather protection, while providing substantial natural daylight. Examples are atriums or gallerias. Enclosed Eligibility: 50 Plaza A project shall install at least one enclosed plaza, which shall be open and accessible to the public during the same hours that the building in which it is located is open. The enclosed plaza shall provide signage to identify the space as open to the public and shall be visually and physically accessible from a publicly accessible space. The minimum area is 750 square feet, and the minimum horizontal dimension is 20 feet. Development Incentive Program Community Development Standards Points Benefits Eligibility: The applicant shall submit evidence that the project has achieved, or will achieve upon completion, one of the following: • Certification of compliance with the Living Building Challenge, in one of the following ways: o Achievement of all twenty Imperatives for new buildings - LBC full Green certification, or Building o Achievement of all Core Imperatives, in addition to all imperatives in either 100 Certification Water, Energy, or Materials Petal - Petal Certification. • Certification of compliance with LEED Platinum. • Certification of compliance with a different green building program that provides equivalent or superior sustainability and/or environmental benefits to Tukwila's natural resources or environment to that of the Living Building Challenge certification. A detailed narrative and documentation shall be required to determine points eligibility. Definition: Allocation of space for noncommercial neighborhood serving uses that bolster livability for residents. Eligible neighborhood serving uses include childcare, community meeting rooms, or nonprofit space. Neighborhood Eligibility: Serving Use The project shall dedicate at least 5,000 square feet for these uses for the life of the 100 Space project. Applicant shall record with King County Recorder's Office (or its successor agency) and provide a copy to the Director of a binding document allocating those spaces only for neighborhood serving uses for the life of the building. No other uses shall be approved for future tenancy in those spaces if they are not consistent with the uses outlined in the definition of neighborhood serving uses in this table. Spaces shall be visually accessible from the street. Definition: Small Leasable retail or commercial spaces that are no smaller than 500 square feet and no Business larger than 2,500 square feet. 25/ Spaces Space Eligibility: The project shall install at least one small business space. Development Incentive Program Community Development Standards Points Benefits Definition: For proposed amenities not identified in this table, the Flexible Benefit allows an applicant the opportunity to propose an additional benefit that would substantially increase livability in Tukwila. Eligibility: To obtain this incentive, the City may require the applicant to pay for an independent technical review by a consultant retained by the City. Consultant services may include but are not limited to economic evaluation of public benefits, impacts on property values, review of construction valuations, documentation related to constructability, Flexible and other input deemed necessary by the City. The number of points awarded shall be Benefit determined on a case-by-case basis. 10-100 The Director shall use the following criteria when evaluating a proposed flexible benefit: • The proposed benefit has merit and value for the community; and • The proposed benefit is outside of the anticipated Development Incentive Program structure; and • The proposed benefit does not conflict with existing Land Use Code regulations; and • The proposed benefit equals or exceeds what would be provided by the standard benefits provided above. Return to Title CHAPTER 18.48 TEMPORARY ENCAMPMENTS Sections: 18.48.010 Purpose 18.48.020 Application for Temporary Encampment Permit 18.48.030 Criteria of Approval and Operation 18.48.040 Revocation of Permit 18.48.010 Purpose A. The purpose of this chapter is to regulate temporary encampments within the City of Tukwila in compliance with the requirements and definitions of RCW 35A.21.360. The standards and requirements in this chapter are the minimum necessary to protect the public health and safety and do not substantially burden the decisions or actions of religious organizations regarding the location of housing or shelter for persons on property owned by such religious organizations. [Ord. 2745 §3, 2024] 18.48.020 Application for Temporary Encampment Permit A. A temporary encampment is an allowed use only on property owned or controlled by a religious organization that is acting as either the host agency or the managing agency, or both, for the temporary encampment. B. The application for a temporary encampment permit must be accompanied by an application fee established by resolution of the City Council. The application fee shall be based on actual costs associated with the review and approval of the application. The application shall not be considered complete unless and until the application fee is paid. C. An application for a temporary encampment permit must be filed at least 30 days before the date on which the temporary encampment is proposed to move onto the proposed location; provided, that the City may agree to a shorter period in the case of an emergency beyond the control of the host agency and managing agency. D. An application for a temporary encampment permit shall be processed as a Type 2 decision, subject to the provisions found at TMC Chapter 18.104. E. Informational Meeting: Prior to the opening of a Temporary Encampment, the host and/or managing agency shall participate in a community information meeting in coordination with the Department. The purpose of the meeting is to provide the surrounding community with information regarding the proposed duration and operation of the temporary encampment, conditions that will likely be placed on the operation of said encampment, requirements of the written code of conduct, and to answer questions regarding the temporary encampment. Comments provided to the Department at the community informational meeting shall not be used as a basis for consideration of the permit application. 1. Notice of Meeting: At least 10 days prior to the meeting, notice shall be provided via all the following methods: a. Mailed notice shall be issued to owners of record of property within 500 feet of the site, and to the occupants thereof to the extent the street addresses of such properties are different than the mailing addresses of the owners. b. Posted notice shall be provided by the applicant in accordance with the requirements for Type 2 permits found at TMC Section 18.104.110. c. Notice shall be provided on the City's website and to all entities who have requested notices of special meetings. F. A decision granting, granting with conditions, or denying a temporary encampment permit shall be subject to appeal as provided in TMC Chapter 18.116 for Type 2 permit decisions. [Ord. 2745 §4, 2024] Office of the City Clerk I City of Tukwila Page 230 of 356 Return to Title 18.48.030 Criteria of Approval and Operation A. An application for a Temporary Encampment permit shall demonstrate compliance with all the following requirements, in addition to any other requirements imposed by this chapter, prior to permit issuance. If at any point during the operation of a Temporary Encampment the Department determines that the criteria of approval and operation are not being met, the permit may be suspended or revoked by the Department pursuant to TMC Section 18.48.040. 1. The property or building shall be of sufficient size to accommodate the proposed number of tents and the on- site facilities required by this section. The maximum number of occupants shall be determined by taking into consideration the size and conditions of the proposed site; however, no encampment may exceed 40 occupants regardless of site conditions. 2. Adequate provision shall be made for the provision of drinking water, disposal of human waste, disposal of garbage and other solid waste, and the provision of other services, including, but not limited to, the following facilities: a. Sanitary portable toilets or other restroom facilities in the number required to meet health regulations for the residents and staff of the temporary encampment; and b. Hand washing stations by the toilets or restrooms and by food service areas; and c. Refuse receptacles meeting the requirements of the City's solid waste hauler; and d. A food service tent or other food service building or facility meeting health department and fire safety requirements; and e. A management tent or other management office or facility providing administrative and security services and readily identifiable to residents and visitors. 3. The temporary encampment shall meet all setbacks for the zoning district in which the property is located; provided, that where the temporary encampment abuts property containing residential uses, the temporary encampment shall be set back 20 feet from the property line. 4. A six -foot -tall sight obscuring fence shall be provided around the perimeter of the temporary encampment unless the City determines that there is sufficient vegetation, topographic variation, or other site conditions to provide equivalent screening of the use from adjacent properties. Entry points into the site should be limited and monitored. 5. Exterior lighting must be directed downward and contained within the temporary encampment. 6. A new encampment may not be permitted to open while there is a simultaneous encampment operating within 1000 feet. 7. Required minimum on-site parking for the host site's permanent/other uses shall not be either displaced by said encampment or used to meet said encampment's parking requirements, unless a shared parking agreement is executed with adjacent properties to compensate. 8. No animals shall be permitted in the temporary encampment, except for service animals. 9. The managing agency and/or the host agency shall submit a code of conduct for the temporary encampment and a statement describing how the code of conduct will be enforced. The code of conduct shall, at a minimum, contain the following: a. A prohibition on the possession or use of illegal drugs or alcohol. b. A prohibition on the possession of guns, knives with blades in excess of three inches, and weapons of all kinds. c. A prohibition on violence. d. A prohibition on open flames. e. A designated smoking area shall be provided on site in the location which would result in the least impact on neighboring properties based on distance. Office of the City Clerk I City of Tukwila Page 231 of 356 Return to Title f. A prohibition on trespassing into private property in the surrounding neighborhood. g. A prohibition on loitering in the surrounding neighborhood. h. Hours during which quiet is to be observed. 10. A transportation plan shall be submitted by the managing agency and/or the host agency providing for access to transit. 11. The temporary encampment shall comply with all regulations of Washington State, the City of Tukwila, and the best practices listed in the King County Public Health Sanitation and Hygiene Guide for Homeless Service Providers. The temporary encampment shall comply with the requirements of the International Fire Code and Washington Cities Electrical Code as adopted by the City of Tukwila. The managing agency and host agency shall permit inspections at all reasonable times by appropriate public officials from the agencies enforcing these codes for code compliance. 12. The managing agency shall take all reasonable and legal steps to obtain verifiable identification from prospective residents of the temporary encampments and use the identification to obtain sex offender and warrant checks from the appropriate agency. If the warrant and sex offender check reveals that a prospective resident or existing resident is a sex offender who is required to register with police or that the prospective resident has an outstanding warrant, the managing agency shall immediately contact the Tukwila Police Department. If someone is rejected or ejected from the temporary encampment and in the reasonable opinion of the on -duty member or on -duty security staff, the rejected/ejected person is a potential threat to the community, the managing agency shall immediately contact the Tukwila Police Department. 13. Adequate access for fire and emergency medical apparatus shall be provided. 14. Adequate separation between tents and other structures shall be maintained in order to limit fire exposure and provide for emergency exiting by residents 15. Temporary Encampment permits may be approved for a time period not to exceed four consecutive months. The encampment shall vacate the site for at least three months before another permit may be issued. No temporary encampment shall be permitted on any single property for more than 6 months in any calendar year. 16. The managing agency shall appoint a member to serve as a point of contact for the Tukwila Police Department. At least one member shall be on duty at all times at said encampment. The names of the on -duty members shall be posted daily. 17. Encampments are primarily intended to shelter adults. The managing agency may only permit children under the age of 18 to stay overnight at a Temporary Encampment if more suitable overnight accommodation for the child and parent or guardian is unavailable. If a child under the age of 18, either alone or accompanied by a parent or guardian, attempts to stay overnight, the camp host/manager shall endeavor to find alternative shelter for the child and any accompanying parent or guardian. 18. The temporary encampment shall not be materially injurious to the public health, safety, and welfare, or materially injurious to the property or improvements in the immediate vicinity. [Ord. 2745 §5, 2024] 18.48.040 Revocation of Permit A. The Department may suspend or revoke a temporary encampment permit for violations of any of the requirements of this chapter. The length of suspension shall be based on the time needed to correct the violation. The decision of the Department to revoke a temporary encampment permit shall be stayed during any appeal to the hearing examiner, but the stay will be lifted if the hearing examiner upholds the revocation. Decisions of the hearing examiner on a temporary homeless encampment permit revocation may be appealed to the King County Superior Court as provided in chapter 36.70C RCW. [Ord. 2745 §6, 2024] Office of the City Clerk I City of Tukwila Page 232 of 356 Return to Title CHAPTER 18.50 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: 18.50.010 Purpose 18.50.020 Special Height Limitation Areas 18.50.030 Special Height Exception Areas 18.50.045 Height Regulations Around Major Airports 18.50.050 Frontage Improvement Thresholds 18.50.060 Cargo Containers as Accessory Structures 18.50.070 Yard Regulations 18.50.080 Exemption of Rooftop Appurtenances 18.50.090 Height Limitation for Amusement Devices 18.50.110 Archaeological/Paleontological Information Preservation Requirements 18.50.130 Structures Over Public R -O -W 18.50.150 Retaining Wall Setback Waiver 18.50.170 Lighting Standards 18.50.180 Recycling Storage Space for Residential Uses 18.50.185 Recycling Storage Space for Non -Residential Uses 18.50.190 Design of Collection Points for Garbage and Recycling Containers Peer 18.50.200 Review of Technical Studies 18.50.210 Cannabis Related Uses 18.50.220 Accessory Dwelling Unit (ADU) Standards 18.50.230 Residential Conversions 18.50.240 Home Occupations 18.50.250 Emergency Housing and Emergency Shelter Criteria 18.50.260 Permanent Supportive Housing and Transitional Housing Criteria 18.50.270 Memorandum of Agreement for Emergency Housing, Emergency Shelter, Permanent Supportive Housing or Transitional Housing 18.50.010 Purpose A. It is the purpose of this chapter to establish development standards that supplement those established within the various use districts. These supplemental standards are intended to address certain unique situations that may cross district boundaries, and to implement related policies of the Tukwila Comprehensive Plan. [Ord. 2741 §4 (part), 2024] 18.50.020 Special Height Limitation Areas A. There are hereby established special height limitation areas, as depicted by Figure 18-3. [Ord. 2741 §4 (part), 2024] 18.50.030 Special Height Exception Areas A. There are hereby established special height exception areas as depicted by Figure 18-3, within which building heights of up to four, six, or ten stories, as illustrated by the Figure, are allowed, notwithstanding the height standards for zoning districts within which the subject property may lie. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 233 of 356 Return to Title 18.50.045 Height Regulations Around Major Airports A. For the purposes of regulating heights within the vicinity of major airports, there are established and created certain height limitation zones which include all the land lying within the instrument approach zones, non -instrument approach zones, transition zones, horizontal zones and conical zones. Such areas may be shown and defined on an "airport height map" which shall become a part of the ordinance codified in this section by adoption of the Council and found on file in the office of the City Clerk. No building or structure shall be erected, altered or maintained, nor shall any tree be allowed to grow to a height in excess of the height limit herein established in any of the several zones created by this section; provided, however, that this provision shall not prohibit the construction of or alteration of a building or structure to a height of 35 feet above the average finish grade of the lot. Where an area is covered by more than one height limitation zone, the more restrictive limitations shall prevail. Under the provision of this section, the City adopts the following airport height map: Airport Height Map: King County International Airport (Boeing Field), August 1, 1986, and as the same may be amended. [Ord. 2741 §4 (part), 2024] 18.50.050 Frontage Improvement Thresholds A. Frontage improvements that meet the requirements of TMC 17.20 are required for all new development that exceeds the following thresholds: 1. In the Community Residential zoning district: a. Any new residential structure, other than an ADU, that exceeds $700,000 in valuation, in 2025 dollars. b. Any new structure that establishes a new primary non-residential use on the subject site. 2. In all other zones: a. Any new residential structure, other than an ADU, that exceeds $700,000 in valuation, in 2025 dollars. b. Any proposed new structure that establishes a new primary use on the subject site. [Ord. 2765 §85, 2025] 18.50.060 Cargo Containers as Accessory Structures A. Cargo containers are allowed outright in the LI, HI, MIC/L, MIC/H and TVS zones, subject to building setbacks. B. New containers may be allowed as accessory structures in CR, and HDR for institutional uses, and in RC, RCM, TUC, TSO and C/LI for any permitted or conditional use. All new containers are subject to a Type 2 special permission decision and the restrictions in the various zoning districts. C. Criteria for approval are as follows: 1. Only two cargo containers will be allowed per lot, maximum length of 40 feet. 2. The container is located to minimize the visual impact to adjacent properties, parks, trails and rights-of-way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights-of-way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 4. If located adjacent to a building, the cargo container must be painted to match the building's color. 5. Cargo containers may not occupy any required off-street parking spaces. 6. Cargo containers shall meet all setback requirements for the zone. Office of the City Clerk I City of Tukwila Page 234 of 356 Return to Title 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. D. Licensed and bonded contractors may use cargo containers in any zone for temporary storage of equipment and/or materials at a construction site during construction that is authorized by a City building permit. [Ord. 2765 §86, 2025; Ord. 2741 §4 (part), 2024] 18.50.070 Yard Regulations A. Fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility to the detriment of public safety. The height of opaque fences along street frontages is limited to 4 feet, with lattice or other open material allowed up to 6 feet. B. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. C. Where the front yard that would normally be required on a lot is not in keeping with the prevailing yard pattern, the Department may waive the requirement for the normal front yard and substitute therefore a special yard requirement, which shall not exceed the average of the yards provided on adjacent lots. D. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. E. In the case of corner lots with more than two frontages, the Department shall determine the front yard requirements, subject to the following conditions: 1. At least one front yard shall be provided having the full depth required generally in the district; 2. The second front yard shall be the minimum set forth in the district; 3. In the case of through lots and corner lots, there will be no rear yards but only front and side yards; 4. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half depth front yards have been established shall be considered side yards. (See Figure 18-4.) [Ord. 2741 §4 (part), 2024] 18.50.080 Exemption of Rooftop Appurtenances A. The height limitations specified in this chapter shall not apply to church spires, monuments, chimneys, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and not intended for human occupancy or the provision of additional floor area; provided, that mechanical equipment rooms or attic spaces are set back at least 10 feet from the edge of the roof and do not exceed 20 feet in height. [Ord. 2741 §4 (part), 2024] 18.50.090 Height Limitation for Amusement Devices A. Amusement devices shall be allowed up to 115 feet in height in any commercial or industrial zones. Any devices that exceed the height limit of the zone in which they are located shall be subject to a conditional use permit. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 235 of 356 Return to Title 18.50.110 Archaeological/Paleontological Information Preservation Requirements A. The following provisions shall apply in all zones: 1. If there is reason to believe that archaeological resources will be disturbed, a cultural resources assessment shall be conducted and, if warranted, an archaeological response plan and provisions for excavation monitoring by a professional archaeologist shall be made prior to beginning construction. The assessment should address the existence and significance of archaeological remains, buildings and structures on the State or Federal historic registers, observable paleontological deposits and may include review by the State Archaeologist. 2. It is recommended that the applicant coordinate a predetermination study by a professional archaeologist during the geotechnical investigation phase, to determine site archaeological potential and the likelihood of disturbing archaeological resources. 3. Excavations into historically native soil, when in an area of archaeological potential, shall have a professional archaeologist on site to ensure that all State statutes regarding archaeological conservation/ preservation are implemented. The applicant shall provide a written commitment to stop work immediately upon discovery of archaeological remains and to consult with the State Office of Archaeology and Historic Preservation (OAHP) to assess the remains and develop appropriate treatment measures. These may include refilling the excavation with no further responsibility. 4. An applicant who encounters Indian burials shall not disturb them and shall consult with OAHP and affected tribal organizations pursuant to State statutes. 5. The Director is authorized to: a. conduct studies to generally identify areas of archaeological/ paleontological potential; b. make determinations to implement these provisions; and c. waive any and all of the above requirements, except for TMC 18.50.110-4 (reporting of discovered Indian burials), if the proposed action will have no probable significant impact on archaeological or historical resources that are eligible for listing in the National Register of Historic Places, or on observable paleontological resources. Examples of such actions include excavation of fill materials, disturbance of less than 10,000 square feet of native soils to a depth of 12 inches, penetration of native soils with pilings over a maximum 8% of the building footprint, and paving over native soils in a manner that does not damage cultural resources. The above examples are illustrative and not determinative. A case-by-case evaluation of archaeological/paleontological potential value and proposed disturbance must be made. [Ord. 2741 §4 (part), 2024] 18.50.130 Structures Over Public R -O -W A. A developer who controls parcels on both sides of a public right-of-way may request approval to bridge the street with a structure as a Type 2 special permission decision. Only the width of the building that extends across the street is exempt from setbacks; the remainder of the building must meet them. The developer must also obtain air rights and comply with all other relevant codes, including the Washington State Building Code. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 236 of 356 Return to Title 18.50.150 Retaining Wall Setback Waiver A. Retaining walls with an exposed height greater than four feet may be allowed in required front, side or rear yard setbacks as a Type 2 Special Permission decision to the Director under the following circumstances: 1. When the applicant's property is on the lower side of the retaining wall and it is not visible from adjacent properties or is screened by landscaping; or 2. When a wall built on a property line or perpendicular to it benefits the lots on both sides, and the owners of both properties agree to jointly maintain the wall; or 3. When a wall in a front yard is required due to roadway expansion or improvements. [Ord. 2765 §87, 2025; Ord. 2741 §4 (part), 2024] 18.50.170 Lighting Standards A. Parking and loading areas shall include lighting capable of providing adequate illumination for security and safety. Lighting standards shall be in scale with the height and use of the associated structure. Any illumination, including security lighting, shall be directed away from adjoining properties and public rights-of-way. B. In residential zones, porches, alcoves and pedestrian circulation walkways shall be provided with low level safety lighting. Pedestrian walkways and sidewalks may be lighted with lighting bollards. C. MIC/L and MIC/H. The following site lighting standards shall apply to portions of developments within 100 feet of the Tukwila Manufacturing/Industrial Center boundary as defined in the 1995 Comprehensive Plan: 1. The minimum light levels in parking areas, paths between the building and street or parking areas shall be 1 foot candle; 2. The maximum ratio of average: minimum light level shall be 4:1 for illuminated grounds; 3. Maximum illumination at the property line shall be 2 foot candles; 4. Lights shall be shielded to eliminate direct off-site illumination; and 5. General grounds need not be lighted. D. Variation from these standards maybe granted by the Director of the Department of Community Development based on technical unfeasibility or safety considerations. [Ord. 2765 §88, 2025; Ord. 2741 §4 (part), 2024] 18.50.180 Recycling Storage Space for Residential Uses A. Apartment and condominium developments over six units shall provide 1-1/2 square feet of recycling storage space per dwelling unit, which shall be located in collection points as follows: 1. No dwelling unit within the development shall be more than 200 feet from a collection point. 2. Collection points shall be located so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any public right-of-way. 3. Collection points shall not be located in any required setback or landscape area. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 237 of 356 Return to Title 18.50.185 Recycling Storage Space for Non -Residential Uses A. Recycling storage space for non-residential uses shall be provided at the rate of at least: 1. Two square feet per every 1,000 square feet of building gross floor area in office, medical, professional, public facility, school and institutional developments. 2. Three square feet per every 1,000 square feet of building gross floor area in manufacturing, industrial and other non-residential uses not specifically mentioned in these requirements. 3. Five square feet per every 1,000 square feet of building gross floor area in retail developments. B. Outdoor collection points shall not be located in any required setback or landscape area. C. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on- site, or project into any public right-of-way. [Ord. 2741 §4 (part), 2024] 18.50.190 Design of Collection Points for Garbage and Recycling Containers A. Residential and non-residential collection points shall be designed as follows: 1. An opaque wall or fence of sufficient size and height to provide complete screening shall enclose any outside collection point. Architectural design shall be consistent with the design of the primary structure(s) on the site. 2. Collection points shall be identified by signs not to exceed two square feet. 3. Weather protection of recyclables and garbage shall be ensured by using weather-proof containers or by providing a roof over the storage area. [Ord. 2741 §4 (part), 2024] 18.50.200 Peer Review of Technical Studies A. The Department will review all technical information submitted as part of any application to verify it meets all requirements of the Tukwila Municipal Code. At the discretion of the Director, any technical studies required as part of the application including, but not limited to, noise reports, lighting plans, and parking demand studies, may undergo peer review at the expense of the applicant. [Ord. 2741 §4 (part), 2024] 18.50.210 Cannabis Related Uses A. Applicable Regulations: The production, processing and retailing of cannabis is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed cannabis producers, cannabis processors, and cannabis retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. No cannabis business may be conducted as a home occupation or as part of a dwelling unit. The purposes of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Board of a state licensing procedure and to permit, but only to the extent required by state law, cannabis producers, processors, and retailers to operate in designated zones of the City. B. Prohibited zones: A. The production, processing, selling, or delivery of cannabis, cannabis -infused products, or useable cannabis may not be conducted in any of the following areas: Community Residential High Density Residential Mixed Use Office Office Residential Commercial Center Office of the City Clerk I City of Tukwila Page 238 of 356 Return to Title Neighborhood Commercial Center Regional Commercial Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/ Heavy C. Buffer Distances: No cannabis business may be established within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, public park, or playground or 300 feet from the entities listed below. The distance will be measured as the shortest straight-line distance from the property line of the proposed building or business location to the property line of the listed use. (a) Recreation center or facility; (b) Child care center; (c) Public transit center; (d) Library; or (e) Any game arcade (where admission is not restricted to persons age 21 or older). D. Safety Features. All cannabis business locations shall install protective barriers, such as bollards at entrances, and shatter -resistant film on all ground level windows. All door and window locks shall be commercial grade. All cannabis business locations shall provide security lighting per WAC 296-832-30015. E. Violations 1. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City under the applicable provisions of this code or state law. Such violations shall be enforced and appealed with the procedures set forth in TMC 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. 2. Any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code shall be subject to enforcement as prescribed in TMC 8.45 and the issuance of a Notice of Violation and Order, in accordance with TMC 8.45.070, that shall carry with it a cumulative monetary penalty of $1,000.00 per day for each violation from the date set for compliance until compliance with the Notice of Violation and Order is achieved. 3. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with this section shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. 4. Any penalties imposed under this section may be doubled should the violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, public park, or playground, or within 300 feet of a recreation center or facility, child care center, public transit center, or library, or any game arcade to which admission is not restricted to persons aged 21 years or older, as such terms are defined in WAC 314-55-010 as now enacted or hereafter amended. F. Medical cannabis: Growth of medical cannabis for the personal medical use of an individual qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all state regulations, procedures and restrictions as set forth or hereafter adopted at RCW 69.51 A. G. Cooperative prohibited: The establishment, location, operation, licensing, maintenance or continuation of a cooperative, as described in RCW 69.51, or medical cannabis collective gardens or dispensaries as described in RCW 69.51A.085, is prohibited in all zones of the City. Any person who violates this subsection (TMC 18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment. H. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this section of the TMC. The remedies and penalties provided herein are cumulative and shall be in addition to any other remedy provided by law. [Ord. 2769, 2765 §89, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 239 of 356 Return to Title 18.50.220 Accessory Dwelling Unit (ADU) Standards A. For the purposes of this section, "principal unit" shall mean the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit. B. General Standards. 1. Two (2) ADUs may be created per lot. The lot shall contain one (1) principal unit and a maximum of two (2) ADUs. These ADUs may be either attached to the principal unit or detached from the principal unit. 2. ADUs may be a maximum of 1,400 square feet. If built over a detached garage, the detached garage would not count toward the area limit for the ADU. 3. Detached ADUs may be up to 28 feet in height. 4. ADUs are subject to the development standards of the zoning district they are located within. Development standards relating to setbacks and development area maximum do not apply to conversions of existing non -conforming structures that are proposed for ADU conversion. New ADUs are not subject to rear yard setbacks on parcels where the rear yard abuts an alley. 5. ADUs may not be rented for periods of less than 30 days. [Ord. 2765 §90, 2025; Ord. 2741 §4 (part), 2024] 18.50.230 Residential Conversions A. Applicability. 1. Conversion of nonresidential space to residential units is subject to additional standards listed in TMC 18.50.230(B). These standards do not apply to: a. Buildings which have not received certificate of occupancy at least three years prior; b. Conversion to emergency shelters, transitional housing, emergency housing or permanent -supportive housing; c. Ground floor space required as part of a mixed use development adjacent to designated major pedestrian corridors (figure 61); and d. Buildings within zoning districts where residential development is not permitted. B. Additional Standards. 1. Density: In zoning districts with a maximum unit density standard, converted buildings may exceed the density limit by up to 50%. 2. Parking: No additional parking is required for conversion of non-residential space to residential use. Parking shall not be removed from the site if it contains, or would contain after removal, fewer parking stalls than would otherwise be required for the site's uses. 3. Design: No additional exterior design or architectural requirements shall be required beyond those deemed by the Director to be necessary for health and safety. 4. Nonconformity: No nonconforming aspects of the existing building shall prevent new residential conversions, unless the Director determines the nonconformity is causing a significant detriment to the surrounding area. If determined to be the case, the decision shall be provided with written findings. JOrd. 2158 X11, 2U25j 18.50.240 Home Occupations A. Home occupations shall meet the following standards: 1. There shall be no change in the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building. This provision shall not apply to adult family Office of the City Clerk I City of Tukwila Page 240 of 356 Return to Title homes as defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; 3. Traffic generated by a home occupation shall not exceed two (2) visitors at any given time, and no more than eight (8) total two-way visitor and non-resident employee trips per day; 4. The number of vehicles associated with a home -occupation shall not exceed two (2) vehicles and must be parked on-site. Vehicles associated with the business shall not exceed: a. A gross vehicle weight of 10,000 pounds; b. A height of ten (10) feet; or c. A length of 22 feet; 5. An off-street parking space shall be made available for any non-resident employee. All parking spaces shall meet all development standards; 6. The business shall not involve more than one person who is not a resident of the dwelling. This provision shall not apply to adult family homes as defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; and 7. Outdoor storage of materials associated with a home occupation is prohibited. [Ord. 2765 §91, 2025; Ord. 2741 §4 (part), 2024] 18.50.240 Tiny Home Villages Tiny Home Villages are allowed on properties owned or controlled by a religious organization subject to the following criteria: 1. It must be a 24 -hour -a -day facility where tiny homes are assigned to specific residents for the duration of their stay. 2. On-site services such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the facility and not available for drop-in use by non-residents. 3. The duration of the village will be for a minimum of a one-year term that is renewable according to the terms of a memorandum of understanding agreed to by the host organization and City. 4. The maximum unit square footage is one hundred twenty square feet each, with units set at least six feet apart. 5. Electricity and heat must be provided and are subject to inspection by the City. 6. Space heaters, if provided, must be approved by the local fire authority. 7. Doors and windows must be included and be lockable, with the managing agency and host organization also possessing keys. 8. Each unit must have a fire extinguisher. 9. Adequate restrooms and hygiene facilities must be provided, including restrooms solely for families if present, along with handwashing and potable running water to be available if not provided within the individual units, including accommodating black water. 10. The maximum number of units permitted on a site is constrained by adherence to life safety, infrastructure, and environmental codes but in no case will more than 30 units be permitted. 11. A Memorandum of Agreement between the host organization and the city per TMC 18.50.270 must be executed prior to the start of construction. Ord. 2732 Office of the City Clerk I City of Tukwila Page 241 of 356 Return to Title 18.50.250 Emergency Housing and Emergency Shelter Criteria A. Emergency housing and emergency shelter facilities are allowed subject to the following criteria: It must be a 24 -hour -a -day facility where beds or rooms are assigned to specific residents for the duration of their stay. 2. On-site services such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the facility and not available for drop-in use by non-residents. 3. The facility must be located within a half mile walking distance of a bus or rail transit stop. 4. Emergency shelters with a capacity for 50 persons or greater, and emergency housing facilities with a capacity for 75 persons or greater must be at least 500 feet from any other emergency housing or emergency shelter, calculated as a radius from the property lines of the site. This distance may be reduced upon the applicant submitting documentation that there is a barrier such as a river or freeway preventing access between the facilities, and the path of travel between them on public roads or trails is at least 500 feet. 5. The maximum number of residents in a facility is limited to the general capacity of the building but in no case more than 100. 6. Facilities must have secure entrances, or a secure site, staffed 24/7. [Ord. 2756 §2, 2025; Ord. 2741 §4 (part), 2024] 18.50.260 Permanent Supportive Housing and Transitional Housing Criteria A. Permanent supportive housing and transitional housing facilities are allowed subject to the following criteria: 1. On-site services such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the facility and not available for drop-in use by non-residents. 2. The facility must be located within a half mile walking distance of a bus or rail transit stop. 3. Facilities with a capacity of 50 persons or greater must be at least 500 feet from any other permanent supportive housing or transitional housing, calculated as a radius from the property lines of the site. This distance may be reduced upon the applicant submitting documentation that there is a barrier such as a river or freeway preventing access between the facilities, and the path of travel between them on public roads or trails is at 500 feet. 4. The maximum number of residents in a facility is limited to the general capacity of the building but in no case more than 45 in CR, and 75 in HDR or other zones. 5. Facilities must have secure entrances, ora secure site, staffed 24/7. [Ord. 2765 §92, 2025; Ord. 2756 §3, 2025; Ord. 2741 §4 (part), 2024] 18.50.270 Memorandum of Agreement for Emergency Housing, Emergency Shelter, Tiny Home Villages, Permanent Supportive Housing or Transitional Housing A. Prior to the start of operation, the City and facility operator shall develop and execute a Memorandum of Agreement containing, at a minimum, the following items: 1. A Good Neighbor Agreement addressing the following items: a. Quiet hours, b. Smoking areas, c. Security procedures, d. Litter, and e. Adequacy of landscaping and screening. 2. A Code of Conduct establishing a set of standards and expectations that residents must agree to follow. 3. A parking plan approved by the City showing that the facility has adequate parking to meet the expected demand Office of the City Clerk I City of Tukwila Page 242 of 356 Return to Title from residents, staff, service providers and visitors. Residents may not park off-site and all vehicles must be operational. 4. A coordination plan with both the Police and Fire Departments, including protocols for response to the facility and to facility residents throughout the City and a maximum number of responses threshold for law enforcement services as established by calls for services in TMC 5.60.040 through 5.60.060. If calls for law enforcement services exceed the agreed upon threshold in any given quarter, the facility operator will work with the City to reduce calls below the threshold level. 5. A requirement to provide regular reports to the City's Human Services Program Coordinator on how facilities are meeting performance metrics such as placement of residents into permanent housing or addiction treatment programs. [Ord. 2732, 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 243 of 356 Return to Title 18.52.010 Purpose A. The purpose of this chapter is to establish minimum requirements for landscaping to: 1. Implement the Urban Forestry Comprehensive Plan goals and policies by increasing tree canopy throughout the City to improve air quality; promote the health of residents, visitors and employees; and reduce heat islands and stormwater flows. 2. Support the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. 3. Promote safety. 4. Provide screening between incompatible land uses. 5. Mitigate the adverse effects of development on the environment. 6. Improve the visual environment for both residents and nonresidents. 7. Regulate the protection of existing landscaping. 8. Establish requirements for the long-term maintenance of required landscaping. 9. Establish procedures for modifying landscaping requirements and penalties for violations of the landscaping code [Ord. 2741 §4 (part), 2024] 18.52.020 Applicability A. This chapter sets forth rules and regulations to control maintenance, clearing and planting of landscaping and vegetation within the City of Tukwila on any developed properties that are zoned commercial, industrial, or multifamily; and on properties that are zoned CR and developed with a non -single-family or middle housing dwellings. For properties located within the Shoreline jurisdiction, the maintenance and removal of vegetation shall be governed by TMC 18.44, "Shoreline Overlay." For properties located within a critical area or its associated buffer, the maintenance and removal of vegetation shall be governed by TMC 18.45, "Critical Areas." Clearing and removal of trees on undeveloped land and any land zoned CR that is developed with a single-family or middle housing dwelling is regulated by TMC 18.54, "Urban Forestry and Tree Regulations." In case of conflict the most stringent regulations apply. [Ord. 2765 §93, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 243 of 356 CHAPTER 18.52 LANDSCAPE REQUIREMENTS Sections: 18.52.010 Purpose 18.52.020 Applicability 18.52.030 Landscaping Types 18.52.040 Perimeter and Parking Lot Landscaping Requirements by Zone District 18.52.050 Screening and Visibility 18.52.060 Significant Tree Retention 18.52.070 Tree Protection Standards 18.52.080 Plant Material Requirements and Tree Standards 18.52.090 Soil Preparation, Planting and Irrigation 18.52.100 Maintenance and Pruning 18.52.110 Landscape Plan Requirements 18.52.120 Request for Landscape Modifications 18.52.130 Violations 18.52.010 Purpose A. The purpose of this chapter is to establish minimum requirements for landscaping to: 1. Implement the Urban Forestry Comprehensive Plan goals and policies by increasing tree canopy throughout the City to improve air quality; promote the health of residents, visitors and employees; and reduce heat islands and stormwater flows. 2. Support the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. 3. Promote safety. 4. Provide screening between incompatible land uses. 5. Mitigate the adverse effects of development on the environment. 6. Improve the visual environment for both residents and nonresidents. 7. Regulate the protection of existing landscaping. 8. Establish requirements for the long-term maintenance of required landscaping. 9. Establish procedures for modifying landscaping requirements and penalties for violations of the landscaping code [Ord. 2741 §4 (part), 2024] 18.52.020 Applicability A. This chapter sets forth rules and regulations to control maintenance, clearing and planting of landscaping and vegetation within the City of Tukwila on any developed properties that are zoned commercial, industrial, or multifamily; and on properties that are zoned CR and developed with a non -single-family or middle housing dwellings. For properties located within the Shoreline jurisdiction, the maintenance and removal of vegetation shall be governed by TMC 18.44, "Shoreline Overlay." For properties located within a critical area or its associated buffer, the maintenance and removal of vegetation shall be governed by TMC 18.45, "Critical Areas." Clearing and removal of trees on undeveloped land and any land zoned CR that is developed with a single-family or middle housing dwelling is regulated by TMC 18.54, "Urban Forestry and Tree Regulations." In case of conflict the most stringent regulations apply. [Ord. 2765 §93, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 243 of 356 Return to Title 18.52.030 Landscaping Types A. General Standards for All Landscaping Types. 1. Trees. a. Trees shall be spaced based on the stature tree selected (small, medium or large stature of tree), excluding curb cuts and spaced regularly, except where there are conflicts with utilities. b. Large and medium stature tree species are required, per the Tukwila Approved Tree List, except where there is insufficient planting area (due to proximity to a building, street light, above or below ground utility, etc.) or the planned tree location does not permit this size tree at maturity. 2. Shrubs. Shrubs shall be spaced based on the mature size of the plant material selected and shall achieve a continuous vertical layer within 3 years. The shrubs will provide 4 feet clearance when mature when adjacent to any fire hydrant or fire department connection. 3. Groundcover. a. Sufficient live groundcovers of varying heights, colors and textures to cover, within 3 years, 100% of the yard area not needed for trees and shrubs. b. If grass is being used as the groundcover, a 4 -foot diameter ring of bark mulch is required around each tree. B. Type I — Light Perimeter Screening. 1. The purpose of Type I landscaping is to enhance Tukwila's streetscapes, provide a light visual separation between uses and zoning districts, screen parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. Trees: A mix of deciduous and evergreen trees. b. One shrub per 7 linear feet. c. Groundcover. C. Type II — Moderate Perimeter Screening. 1. The purpose of Type II landscaping is to enhance Tukwila's streetscapes, provide a moderate visual separation between uses and zoning districts, screen blank building walls and parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. Trees: A mix of deciduous and evergreen trees. b. One shrub per 4 linear feet, excluding curb cuts. c. Groundcover. D. Type III — Heavy Perimeter Screening. 1. The purpose of Type III landscaping is to provide extensive visual separation along property lines between highly incompatible development, such as warehousing and residential uses. 2. Plant materials shall consist of the following: a. Trees consisting of at least 50% evergreen along the applicable property line (75% along property line adjacent to residential uses). b. Privacy screen utilizing evergreen shrubs, screening walls or fences (up to 7 feet tall). c. Groundcover. Office of the City Clerk I City of Tukwila Page 244 of 356 Return to Title E. Parking Lot Landscaping. This landscaping is required to mitigate adverse impacts created by parking lots such as noise, glare, stormwater run-off, and increased heat and to improve their physical appearance. 1. General regulations. Trees shall be evenly distributed throughout the parking lot. Planting in continuous, landscaped planting strips between rows of parking is encouraged. Surface water management design may also be combined with landscaping in parking lots. In industrial districts (C/LI, LI, HI, MIC/L, MIC/H), clustering of interior parking lot landscaping may be permitted to accommodate site usage. 2. Landscape islands. a. Landscape islands must be a minimum of 6 feet wide, exclusive of overhang, and a minimum of 100 square feet in area. All landscaped areas must be protected from damage by vehicles through the use of curbs, tire stops, or other protection techniques. b. Landscape islands shall be placed at the ends of each row of parking to protect parked vehicles from turning movements of other vehicles. c. The number and stature of trees shall be based on the area available in the landscape island. A minimum of one large stature evergreen or deciduous tree or two medium stature trees are required for every 100 square feet of landscaped island, with the remaining area to contain a combination of shrubs, living groundcover, and mulch. d. For parking lots adjacent to public or private streets, the islands must be placed at minimum spacing of 1 for every 10 parking spaces. For parking areas located behind buildings or otherwise screened from public or private streets or public spaces, if landscape islands are used, islands shall be placed at a minimum of 1 for every 15 parking stalls. 3. Bioretention, which includes trees, shrubs and groundcover, may be used to meet interior parking lot landscaping requirements. The bioretention facility must be designed by a professional trained or certified in low impact development techniques as set forth in TMC 14.30. All bioretention facilities must be protected by curbing to prevent vehicle damage to the facility and for public safety. 4. Vehicular Overhang. a. Vehicle overhang into any landscaping area shall not exceed two feet. b. No plant material greater than 12 inches in height shall be located within two feet of the curb or other protective barrier in landscape areas adjacent to parking spaces and vehicle use areas. c. Raised curbs or curb stops shall be used around the landscape islands or bioretention facilities to prevent plant material from being struck by automobiles. Where bioretention is used, curb cuts shall be placed to allow stormwater runoff from adjacent pavements to enter the bioretention system. 5. Pervious pavement shall be used, where feasible, including parking spaces and pedestrian paths. 6. Parking lot landscape design shall accommodate pedestrian circulation. F. Street Trees in the Public Frontage. 1. Street tree spacing. Street tree spacing in the public frontage shall be as specified in TMC 18.52.080.B.2. based on the stature size of the tree. b. Spacing must also consider sight distance at intersections, driveway locations, and utility conflicts as specified in TMC 18.52.080.B.3. c. Street trees in the public frontage shall be planted using the following general spacing standards: (1) At least 3-1/2 feet back from the face of the curb. (2) At least 5 feet from underground utility lines. (3) At least 10 feet from utility poles. (4) At least 7-1/2 feet from driveways. Office of the City Clerk I City of Tukwila Page 245 of 356 Return to Title (5) At least 3 feet from pad -mounted transformers (except 10 feet in front for access). (6) At least 4 feet from fire hydrants and connections. d. Planting and lighting plans shall be coordinated so that trees are not planted in locations where they will obstruct existing or planned street or site lighting, while maintaining appropriate spacing and allowing for their size and spread at maturity. e. Planting plans shall consider the location of existing or planned signage to avoid future conflicts with mature trees and landscaping. 2. Tree grates. a. Tree grates are not encouraged, but when used, shall be designed so that sections of grate can be removed incrementally as the tree matures and shall be designed to avoid accumulation of trash. b. When used, tree grates and landscaped tree wells shall be a minimum 36 square feet in size (6' x 6'). Tree well size may be adjusted to comply with ADA standards on narrower sidewalks. See TMC 18.52.090.A.1., "Soil Preparation and Planting," for structural soil requirements. Root barriers may be installed at the curb face if structural soils are not used. 3. Maintenance and Pruning. a. Street trees are subject to the planting, maintenance, and removal standards and Best Management Practices (BMPs) as adopted by the International Society of Arboriculture, as it now reads and as hereafter amended. Street trees planted prior to the adoption of the most current tree planting standards shall be exempt from these planting standards but are still subject to current removal and maintenance standards. b. The following standards apply to street tree maintenance: (1) Street trees shall be maintained consistent with International Society of Arboriculture BMPs. (2) Street trees shall be maintained in a manner that does not impede public street or sidewalk traffic, consistent with the specifications in the Public Works Infrastructure Design Manual, including: (a) 8 feet of clearance above public sidewalks. (b)13 feet of clearance above public local and neighborhood streets. (c)15 feet of clearance above public collector streets. (d)18 feet of clearance above public arterial streets. (3) Street trees shall be maintained so as not to become a defective tree as per the definition in TMC 18.06. 4. Trees planted in a median shall be appropriate for the planting environment and meet the following requirements: a. Trees shall be consistent with previously approved median tree plans, given space constraints for roots and branches at maturity. b. Median plantings shall provide adequate species diversity Citywide and reasonable resistance to pests and diseases. c. Columnar trees may be considered for median plantings to avoid conflicts with vehicles and utilities. d. Structural soils shall be used to avoid the need for root barriers and to ensure the success of the median plantings. e. Any median tree that is removed must be replaced within the same median unless spacing constraints exist. Replacement trees shall be of the same stature or greater at maturity as the removed tree, consistent with other space considerations. [Ord. 2765 §94, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 246 of 356 Return to Title 18.52.040 Perimeter and Parking Lot Landscaping Requirements by Zone District A. In the various zone districts of the City, landscaping in the front, rear and side yards and parking lots shall be provided as established by the various zone district chapters of this title. These requirements are summarized in the following table (Table A), except for Tukwila Urban Center (TUC) requirements, which are listed in TMC 18.28. TABLE A ZONING FRONT LANDSCAPE LANDSCAPE LANDSCAPE LANDSCAPE LANDSCAPING FOR DISTRICTS YARD TYPE FOR FOR SIDE FOR REAR TYPE FOR PARKING LOTS (SECOND FRONTS YARD YARD SIDE/REAR (square feet) FRONT) (linearfeet) (linearfeet) (linear feet) CR 151, 2,11 Type 1 10 10 Type 1 20 per stall for (for uses other non-residential than residential) uses; 15 per stall if parking is placed behind building HDR 151, 2,11 Type 1 10 10 Type I Same as CR MUO 15 (12.5)211 Type 17 64 64,11 Type 17 20 per stall adjacent to street; 15 per stall if parking is placed behind building 0 15 (12.5)2 Type 17 6 64 Type 17 Same as MUO RCC 20 (10)2,3 Type 17 5; 10 if near CR, 1011 Type II Same as MUO MDR, HDR4 NCC 64,11 Type 17,13 04 04,11 Type II Same as MUO RC 10 Type 113 54 04 Type 118 Same as MUO RCM 10 Type 1 54 04 Type 118 Same as MUO C/LI 15 Type 16 55,12 05,12 Type 118 15 per stall; 10 Second Front: per stall for parking 12.5;15 if near placed behind CR, MDR, HDR building LI 152 Type 11 04,12 04,12 Type 111 15 per stall; 10 Second Front: per stall for parking 12.5 placed behind building HI 152 Type 11 04,12 04,12 Type 111 15 per stall Second Front: MIC/L 105 Type 11 05,12 05,12 Type 111 10 per stall MIC/H 105 Type II 05,12 05,12 Type 111 10 per stall Office of the City Clerk I City of Tukwila Page 247 of 356 Return to Title TABLE A [Ord. 2765 §95, 2025; Ord. 2741 §4 (part), 2024] 18.52.050 Screening and Visibility A. Screening. 1. Screening of outdoor storage, mechanical equipment and garbage storage areas and fences: a. Outdoor storage shall be screened from abutting public and private streets and from adjacent properties. Such screens shall be a minimum of 8 feet high and not less than 60% of the height of the material stored. The screens shall be specified on the plot plan and approved by the Community Development Director. In the MDR and HDR zones, outdoor storage shall be fully screened from all public roadways and adjacent parcels with a high obscuring structure equal in height to the stored objects and with a solid screen of exterior landscaping. b. Ground level mechanical equipment and garbage storage areas shall be screened with evergreen plant materials and/or fences or masonry walls. c. Fences. All fences shall be placed on the interior side of any required perimeter landscaping. Office of the City Clerk I City of Tukwila Page 248 of 356 TUC —See TMC 18.28 TVS — See TMC 18.40 TSO — See TMC 18.41 Notes: 1. Minimum required front yard landscaped areas in the HDR zones may have up to 20% of their required landscape area developed for pedestrian and transit facilities subject to the approval criteria in TMC 18.52.120.C. 2. In order to provide flexibility of the site design while still providing the full amount of landscaping required by code, the front yard landscape width may be divided into a perimeter strip and one or more other landscape areas between the building and the front property line if the perimeter strip is a minimum of 10 feet and the landscape materials are sufficient to provide landscaping along the perimeter and screening of the building mass. 3. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to the approval criteria in TMC 18.52.120.C. Bioretention may also be used as required landscaping subject to the approval criteria in TMC 18.52.120.E. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian -oriented space. 4. Increased to 10 feet if any portion of the yard is within 50 feet of CR, or HDR. 5. Increased to 15 feet if any portion of the yard is within 50 feet of CR, or HDR. 6. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage. 7. Increased to Type II if any portion of the yard is within 50 feet of CR, or HDR. 8. Increased to Type III if any portion of the yard is within 50 feet of CR, or HDR. g. Minimum required front yard landscaped areas in the CR and HDR zones may have up to 20% of their required landscape area to. Only required along public streets. 11. Increased to 10 feet for residential uses; or if adjacent to residential uses or non -TSO zoning. 12. In the CR and HDR districts and other districts where multifamily development is permitted, a community garden may be substituted for some or all of the landscaping. In order to qualify, a partnership with a nonprofit (501(c)(3)) with community garden expertise is required to provide training, tools and assistance to apartment residents. Partnership with the nonprofit with gardening expertise is required throughout the life of the garden. If the community garden is abandoned, the required landscaping must be installed. If the garden is located in the front landscaping, a minimum of 5 feet of landscaping must be placed between the garden and the street. 13. To accommodate the types of uses found in the C/LI, LI, HI and MIC districts, landscaping may be clustered to permit truck movements or to accommodate other uses commonly found in these districts if the criteria in TMC 18.52.120.D are met. 14. For NCC and RC zoned parcels in the Tukwila International Boulevard District, the front landscaping may be reduced or eliminated if buildings are brought out to the street edge to form a continuous building wall, and if a primary entrance from the front sidewalk as well as from off-street parking areas is provided. [Ord. 2765 §95, 2025; Ord. 2741 §4 (part), 2024] 18.52.050 Screening and Visibility A. Screening. 1. Screening of outdoor storage, mechanical equipment and garbage storage areas and fences: a. Outdoor storage shall be screened from abutting public and private streets and from adjacent properties. Such screens shall be a minimum of 8 feet high and not less than 60% of the height of the material stored. The screens shall be specified on the plot plan and approved by the Community Development Director. In the MDR and HDR zones, outdoor storage shall be fully screened from all public roadways and adjacent parcels with a high obscuring structure equal in height to the stored objects and with a solid screen of exterior landscaping. b. Ground level mechanical equipment and garbage storage areas shall be screened with evergreen plant materials and/or fences or masonry walls. c. Fences. All fences shall be placed on the interior side of any required perimeter landscaping. Office of the City Clerk I City of Tukwila Page 248 of 356 Return to Title 2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls. 3. Evergreen shrubs and evergreen trees shall be used for screening along rear property lines, around solid waste/recycling areas, utility cabinets and mechanical equipment, and to obscure grillwork and fencing associated with subsurface parking garages. Evergreen shrubs and trees shall be pruned so that 18 inches visibility at the base is maintained. B. Visibility. 1. Design of new landscaping and maintenance of existing landscaping shall consider Crime Prevention Through Environmental Design (CPTED) principals and visibility for safety and views. Appropriate plant species shall be specified to avoid the need for excessive maintenance pruning. 2. Landscaping shall not obstruct views from or into building windows, the driveway, sidewalk or street. Landscape design shall allow for surveillance from streets and buildings and avoid creating areas that might harbor criminal activity. 3. Landscaping at crosswalks and other locations where vehicles and pedestrians intersect must not block pedestrians' and drivers' views. 4. In general, deciduous trees with open branching structures are recommended to ensure visibility to retail establishments. More substantial shade trees or evergreens are recommended in front of private residences. [Ord. 2741 §4 (part), 2024] 18.52.060 Significant Tree Retention A. All significant trees located within any required landscape area that are not dead, dying, diseased, or a nuisance species, as identified in the Tukwila Approved Tree List, and that do not pose a safety hazard or conflict with overhead utility lines as determined by the City or an ISA certified arborist, shall be retained and protected during construction with temporary fencing or other enclosure, as appropriate to the site and following Best Management Practices for tree protection (see TMC 18.54). B. Topping of trees is prohibited and is subject to replacement. Additionally, pruning of more than 25% of canopy in a 36 -month period is prohibited and is subject to replacement per TMC 18.52.130, Table C. C. Retained significant trees maybe counted towards required landscaping. Additionally, the required landscaping may be reduced in exchange for retaining significant trees subject to Director approval and per TMC 18.52.120.F. D. The area designated for protection will vary based on the tree's diameter, species, age, and the characteristics of the planted area, and Best Management Practices for protection shall be utilized (see TMC Chapter 18.54). Property owners may be required to furnish a report by an ISA certified arborist to document a tree's condition if a tree is to be retained. The Director may require that an ISA certified arborist be retained to supervise tree protection during construction. Grade changes around existing trees within the critical root zone are not allowed. [Ord. 2741 §4 (part), 2024] 18.52.070 Tree Protection Standards A. All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6 -foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: Office of the City Clerk I City of Tukwila Page 249 of 356 Return to Title diameter. Director a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC 18.54." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary, a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. [Ord. 2741 §4 (part), Z024] 18.52.080 Plant Material Requirements and Tree Standards A. Plant Material Requirements. 1. Plants shall meet the American Standard for Nursery Plant Stock (American Nursery and Landscape Association-ANLA) (ANSI Z60.1) as it now reads and as hereafter amended, and shall be healthy, vigorous and well -formed, with well-developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on-site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2 -inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. Office of the City Clerk I City of Tukwila Page 250 of 356 Return to Title 4. Shrubs shall be at least 18 inches in height, and full and bushy at time of planting. 5. New plant materials shall include native species or non-native species with lower water requirements and that are adapted to the climatic conditions of the Puget Sound Region. There must be a diversity of tree and shrub genus and species in the site landscaping, taking into account species in existing development around the site. a. If there are more than 8 required trees, no more than 40 percent may be of one species. b. If there are more than 24 required trees, no more than 20 percent may be of one species. c. If there are more than 25 required shrubs, no more than 50 percent may be of one species. 6. Any species that is listed on the State of Washington or King County noxious weed lists or otherwise known to be a nuisance or invasive shall not be planted. 7. Plant materials shall be selected that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, cultural requirements, tolerance to urban conditions, maintenance needs and growth characteristics. 8. The classification of plant material as trees, shrubs and evergreens shall be as listed in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada, as it now reads and as hereafter amended. 9. Plant material requirements for bioretention facilities shall be in accordance with the City's Bioretention Plant List, unless approved by staff. 10. Non-developed site areas, such as utility easements, shall be landscaped and/or treated with erosion control planting or surfacing such as evergreens, groundcover, shrubs, trees, sod or a combination of similar materials. In areas with overhead utility lines, no shrubs or trees shall be allowed that could mature over 20 feet in height. Trees should not be planted within 10 feet of underground utilities, such as power, water, sewer or storm drainage pipes. B. Tree Standards. 1. Tree species shall be appropriate for the planting environment as determined by the Department Director in consultation with the City environmentalist and shall seek to achieve a balance of the following: a. Consistency with Tukwila Approved Tree List or the City's Bioretention Plant List. b. Compatibility with space constraints for roots and branches at maturity. c. Adequate species diversity Citywide and reasonable resistance to pests and diseases. 2. Trees shall be provided adequate spacing from new and existing trees according to the following standards wherever possible: a. Trees categorized as small stature on the tree list shall be spaced no greater than 20 feet on center and not closer than 15 feet on center from other newly planted or existing trees. b. Trees categorized as medium stature on the tree list shall be spaced no greater than 30 feet on center and not closer than 20 feet on center from other newly planted or any existing trees. c. Trees categorized as large stature on the tree list shall be spaced no greater than 40 feet on center and not closer than 30 feet on center from other newly planted or existing trees. d. Any tree determined to have a mature spread of less than 20 feet (a columnar or fastigiate variety) is discouraged except under specific conditions and shall be considered a small stature tree and spaced accordingly. 3. Trees shall be placed according to the following standards: a. Small stature trees shall be planted with the center of their trunks a minimum of 2 feet from any hard surface paving. Medium stature trees shall be planted with the center of their trunks a minimum of 2.5 feet from any hard surface paving. Office of the City Clerk I City of Tukwila Page 251 of 356 Return to Title c. Large stature trees shall be planted with the center of their trunks a minimum of 3 feet from any hard surface paving. d. Trees shall generally be planted a minimum of: (1) 4 feet on center from any fire hydrant, above -ground utility or utility pole; (2) 2 feet on center from any underground utility; (3) 5 feet on center from a street light standard; (4) 20 feet from a street intersection; however, a greater or lesser corner setback may be required based on an analysis of traffic and pedestrian safety impacts. (5) 5 to 10 feet from building foundations depending on species. 4. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. 5. Root barriers may be installed according to the manufacturer's specifications when a tree is planted within 5 feet of any hard surface paving or utility feature and in areas where structural soil is not required, subject to approval by the Department Director in consultation with the City's environmentalist. 6. Low water usage species are encouraged in order to minimize future irrigation requirements, except where site conditions within the required landscape areas ensure adequate moisture for growth. 7. Shade trees should be planted to shade buildings' east- and west -facing windows to provide a balance between summer cooling and winter heating through solar gain. [Ord. 2741 §4 (part), 2024] 18.52.090 Soil Preparation, Planting and Irrigation A. Soil Preparation and Planting. 1. For landscaping in sidewalks and parking lots, or in limited areas of soil volume, structural soils (Cornell University product or similar) must be used to a preferred depth of 36 inches to promote tree root growth and provide structural support to the paved area. Minimum soil volumes for tree roots shall be 750 cubic feet per tree (see specifications and sample plans for CU -Structural Soils). Trees and other landscape materials shall be planted according to specifications in "CU Structural Soils — A Comprehensive Guide," as it now reads and as hereafter amended, or using current Best Management Practices (BMPs) as approved by the Director. Suspended pavement systems (Silva Cells or similar) may also be used if approved by the Director. 2. For soil preparation in bioretention areas, existing soils must be protected from compaction. Bioretention soil media must be prepared in accordance with standard specifications of the Surface Water Design Manual, adopted in accordance with TMC 14.30, to promote a proper functioning bioretention system. These specifications shall be adhered to regardless of whether a stormwater permit is required from the City. 3. For all other plantings (such as large planting areas where soil volumes are adequate for healthy root growth with a minimum volume of 750 cubic feet per tree), soils must be prepared for planting in accordance with BMP T5.13, "Post Construction Soil Quality and Depth," from the Washington Department of Ecology Stormwater Management Manual for Western Washington (as it now reads and as hereafter amended), regardless of whether a stormwater permit is required by the City. 4. The applicant will be required to schedule an inspection by the City of the planting areas prior to planting to ensure soils are properly prepared. Soil must be amended, tilled and prepped to a depth of at least 12 inches. 5. Installation of landscape plants must comply with BMPs including: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball Office of the City Clerk I City of Tukwila Page 252 of 356 Return to Title b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. d. If using mulch around trees and shrubs, maintain at least a 6 -inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Irrigation. 1. The intent of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable due to lack of watering and to ensure their long term viability. 2. All required plantings must be served by a permanent automatic irrigation system, unless approved by the Director. a. Irrigation shall be designed to conserve water by using the best practical management techniques available, including BMPs, for daily timing of irrigation to optimize water infiltration and conservation. These techniques may include, but not be limited to: drip irrigation (where appropriate) to minimize evaporation loss, moisture sensors to prevent irrigation during rainy periods, automatic controllers to ensure proper duration of watering, sprinkler head selection and spacing designed to minimize overspray, and separate zones for turf and other landscaping and for full sun exposure and shady areas to meet watering needs of different sections of the landscape. b. Exceptions to the irrigation requirement may be approved by the Director, such as xeriscaping (i.e., low water usage plantings), plantings approved for low impact development techniques, established indigenous plant material, or landscapes where natural appearance is acceptable or desirable to the City. However, those exceptions will require temporary irrigation until established. 3. All temporary irrigation must be removed at the end of the 3 -year plant establishment period. [Ord. 2741 §4 (part), 2024] 18.52.100 Maintenance and Pruning A. Any landscaping required by this chapter shall be retained and maintained by the property owner for the life of the development in conformance with the intent of the approved landscape plan and this chapter. Maintenance shall also include keeping all planting areas free of weeds and trash and replacing any unhealthy or dead plant materials. B. Green roofs or rooftop gardens shall be maintained to industry standards and any dead or dying plant material replaced. C. Pruning of trees and shrubs is only allowed for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter amended. D. No tree planted by a property owner or the City to fulfill landscape requirements, or any existing tree, may be topped or removed without prior approval from the City. Any tree topped or removed without approval shall be subject to code enforcement action per TMC 8.45 in addition to the requirements of TMC 18.52.130, "Violations." E. Private property owners shall collect and properly dispose of all landscaping debris. Private property landscaping debris shall not be placed or blown into the public right-of-way for City collection. Violations will be subject to code enforcement action per TMC 8.45. F. As trees along the street frontages mature, they shall be limbed up, using proper ISA pruning techniques, to a minimum height of 8 to 18 feet depending on location of tree (over sidewalk, adjacent to road, etc.) to allow adequate visibility and clearance for vehicles. Trees may be pruned to improve views of signage and entryways by using such techniques as Office of the City Clerk I City of Tukwila Page 253 of 356 Return to Title windowing, thinning, and limbing up; however, no more than 114 of the canopy may be removed within any 2 -year period. All pruning shall be done in accordance with ANSI Standard A-300 specifications, as it now reads and as hereafter amended. G. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA certified arborist. The crown shall be maintained to at least 213 the height of the tree prior to pruning. Otherwise, trees shall not be topped. Illegal topping is subject to replacement. Additionally, pruning of more than 25% of canopy in a 36 -month period is prohibited and is subject to replacement per TMC 18.52.130, Table C. [Ord. 2741 §4 (part), 2024] 18.52.110 Landscape Plan Requirements A. Landscape plan design shall take into consideration the mature size of proposed landscape materials to minimize the future need for pruning (i.e. placement such that mature trees and shrubs will not cause problems for foundations, obscure signage, grow too close to overhead or underground utility lines, obstruct views of traffic, etc.). B. A Washington State licensed landscape architect or other accredited landscape design professional shall prepare 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. The plans shall, at a minimum, include the type, quantity, spacing and location of plants and materials; typical planting details; soil amend mentlinstallation; tree protection details as applicable; and the location of irrigation systems and significant trees within 20 feet of the property line on adjacent properties. Underground and at -ground utilities shall be shown on the plans so that planting conflicts are avoided. A detailed list of items to be included on the landscape plan is available in the Landscape Plan handout, available on-line or at the offices of the Department of Community Development. C. 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. Any plant substitutions shall be noted on the Declaration. If necessary, due to weather conditions or construction scheduling, the installation may be postponed to the next planting season (October — April) if approved by the 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. [Ord. 2741 §4 (part), 2024] 18.52.120 Request for Landscape Modifications A. Revisions to existing landscaping may be approved only if the following criteria are met: 1. The revision does not reduce the landscaping to the point that activities on the site become a nuisance to adjacent properties. 2. Proposed vegetation removal, replacement, and any mitigation measures proposed are consistent with the purpose and intent of this chapter and bring landscaping into conformance with standards of TMC 18.52. 3. Proposed revision will not be detrimental to the public health, safety or welfare or injurious to other property in the vicinity. 4. Any trees proposed to be removed shall be replaced with trees of similar or larger size at a minimum ratio of 1:1. B. The following deviations to the requirements of this chapter may be considered either as a Type 2, Special Permission Director decision, or through design review if the project is subject to that process. 1. Deviation from the requirements of Type I, II, or III landscaping, including but not limited to the use of the landscape area for pedestrian and transit facilities, landscape planters, rooftop gardens or green roofs, terraced planters or green walls, or revisions to existing landscaping. The amount of landscaping on commercially -zoned properties may be reduced by 15% if buildings are moved to the front of the site with no parking between the building and the front landscaping, to create a more pedestrian -friendly site design. Office of the City Clerk I City of Tukwila Page 254 of 356 Return to Title 2. Clustering and/or averaging of required landscaping. The landscape perimeter may be clustered if the total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to CR or HDR. In addition, up to 50% of the perimeter landscaping may be relocated to the interior parking to provide more flexibility for site organization. 3. Substitution of bioretention facility for required landscaping for Type I or II landscaping. Landscaping in a bioretention facility that includes trees, shrubs and groundcover may be counted up to 100% towards required landscaping depending on the location, type of bioretention facility proposed and proposed use. 4. Credit for retained significant trees towards landscaping requirement. C. The following criteria apply to requests for deviation from any required landscaping standards. 1. The deviation does not reduce the landscaping to the point that activities on the site become a nuisance to neighbors; and 2. The modification or revision does not diminish the quality of the site landscape as a whole; and 3. One or more of the following are met: a. The modification or revision more effectively screens parking areas and blank building walls; or b. The modification or revision enables significant trees or existing built features to be retained; or c. The modification or revision is used to reduce the number of driveways and curb cuts and allow joint use of parking facilities between neighboring businesses; or d. The modification or revision is used to incorporate pedestrian or transit facilities; or e. The modification is for properties in the NCC or RC districts along Tukwila International Boulevard, where the buildings are brought out to the street edge and a primary entrance from the front sidewalk as well as from off-street parking areas is provided; or f. The modification is to incorporate alternative forms of landscaping such as landscape planters, rooftop gardens, green roof, terraced planters or green walls; or g. The modification is to incorporate a community garden, subject to the provisions of TMC 18.52.040, Note D. Clustering or perimeter averaging of landscaping may be considered if: 1. It does not diminish the quality of the site landscape as a whole; and 2. It does not create a nuisance to adjacent properties; and 3. If adjacent to residential development, the impacts from clustering are minimized; and 4. One or more of the following criteria are met: a. Clustering or perimeter averaging of plant material allows more effective use of the industrial property; or b. Clustering or perimeter averaging of landscaping enables significant trees to be retained; or c. Clustering or perimeter averaging is used to reduce the number of driveways and curb cuts and/or allow joint use of parking facilities between neighboring businesses; or d. Clustering or perimeter averaging avoids future conflicts with signage. E. Landscaping in a bioretention facility that includes trees, shrubs, and groundcovers as identified on the City's approved Bioretention Plant List and as regulated in TMC 14.30, may be counted up to 100% towards required Type I or Type II landscaping. Bioretention facilities shall not be counted towards required Type III landscaping. All of the following criteria must be met: 1. The bioretention facility has been designed by a professional trained or certified in low impact development techniques; and Office of the City Clerk I City of Tukwila Page 255 of 356 Return to Title 2. The landscaping meets the screening requirements of the specified landscape type; and 3. Public safety concerns have been addressed; and 4. The number of trees required by the landscape type are provided. F. Credit for Significant Trees. 1. Credit for retained significant trees may be counted towards required landscaping if the following criteria are met: a. Assessment of trees by an ISA certified arborist as to tree health, value of the trees and the likelihood of survivability during and after construction is provided; and b. Retention of tree(s) supports the Tukwila Comprehensive Plan urban tree canopy goals and policies; and c. A financial assurance is posted based on 150% of the value of the retained tree(s) to ensure tree replacement should the retained trees be damaged or die as a result of construction impacts. The financial assurance shall be retained for three years. 2. The value of the significant tree(s) to be retained, as determined by an ISA certified arborist, shall be posted on the tree prior to site preparation and retained throughout the construction of the project. [Ord. 2765 §96, 2025; Ord. 2741 §4 (part), 2024] 18.52.130 Violations A. Violations. The following actions shall be considered a violation of this chapter: 1. Any removal or damage of landscaping that is required by this chapter. 2. Topping or excessive pruning of trees or shrubs, except as explicitly allowed by this chapter. 3. Failure to replace dead landscaping materials. B. Penalties. In addition to any other penalties or other enforcement actions, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the violator as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 1. The amount of the penalty shall be assessed based on Table B below. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 2. Penalties are in addition to the restoration of removed plant materials through the remedial measures listed in TMC 18.52.130.C. 3. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TABLE B — Fines Type of Violation I Allowable Fines per Violation Removal or damage of trees or specimen shrubs without applying for and obtaining required City approval $1,000 per tree, or up to the marketable value of each tree removed or damaged as determined by an ISA certified arborist. C. Remedial Measures. In addition to the penalties provided in TMC 18.52.130.B, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. 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. In addition, any shrubs and groundcover removed without City approval shall be replaced. Office of the City Clerk I City of Tukwila Page 256 of 356 Return to Title 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment may be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table C. TABLE C — Tree Replacement Requirements Diameter* of Tree Removed rmeasured at height of 4.5 feet from the round Number of Replacement Trees Required 4-6 inches (single trunk) OR 2 inches (any trunk of a multi -trunk tree 3 Over 6-8 inches 4 Over 8-20 inches 6 Over 20 inches 8 D. Enforcement. It shall be the duty of the Community Development Director to enforce this chapter pursuant to the terms and conditions of TMC 8.45 or as otherwise allowed by law. E. Inspection Access. 1. For the purposes of inspection for compliance with the provisions of a permit or this chapter, the Director or designee may enter all sites for which a permit has been issued, consistent with TMC 8.45. 2. Upon completion of all requirements of a permit, the permittee shall request a final inspection by contacting the planner of record. The permit process is complete upon final approval by the Director or designee. [Ord. 2765 §97, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 257 of 356 Return to Title CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Applicability 18.54.030 Tree Permits 18.54.040 Permit Approval Criteria, General 18.54.050 Tree Retention Standards 18.54.060 Tree Protection Standards 18.54.070 Tree Replacement 18.54.080 Tree Relocation 18.54.090 Tree Fund 18.54.100 Performance Assurance 18.54.110 Liability 18.54.120 Permit Exceptions 18.54.130 Permit Conformance 18.54.140 Soil Preparation, Plant Material and Maintenance Standards 18.54.150 Heritage Trees and Heritage Groves 18.54.160 Approved and Prohibited Trees 18.54.170 Violations and Penalties 18.54.180 Remedial Measures 18.54.190 Enforcement 18.54.010 Purpose A. The purpose of this chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the City; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. B. In particular, the purpose of this chapter is to: 1. Protect existing trees prior to and during development; 2. Establish protections for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 258 of 356 Return to Title 18.54.020 Applicability A. This chapter sets forth rules and regulations to control maintenance and clearing of trees within the City of Tukwila on any undeveloped land and any land zoned Community Residential (CR) that is developed with a single family or middle housing dwelling. For properties located within the Shoreline jurisdiction, maintenance and removal of vegetation shall be governed by TMC 18.44, "Shoreline Overlay." For properties located within a critical area or its associated buffer, the maintenance and removal of vegetation shall be governed by TMC 18.45, "Environmentally Critical Areas". TMC 18.52, "Landscape Requirements," shall govern the maintenance and removal of landscaping on developed properties that are zoned commercial, industrial, or multifamily; and on properties located in the CR zone that are developed with a non -single family or middle housing residential use. The most stringent regulations shall apply in case of a conflict. [Ord. 2765 §98, 2025; Ord. 2741 §4 (part), 2024] 18.54.030 Tree Permits A. Permit Required: 1. A Tree Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of these trees within the City, unless the action is exempt from this chapter. 2. A Tree Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown in a two-year period. 3. All Tree Permit applications shall meet the criteria outlined in this chapter for approval, or meet the criteria for a Tree Permit Exception per TMC 18.54.140. B. Application Requirements: 1. Application Materials: Applications to remove trees are subject to the permit requirements found at TMC 18.104 2. Application Type: Tree Permits shall be processed as Type 1 decisions pursuant to TMC 18.104. 3. Expiration: Tree permits expire one year after the date the permit is issued. C. Permit Exemptions: The following activities are exempt from the permit requirements of this chapter except as noted below: 1. The removal of trees that are less than 6 inches in Diameter at Breast Height (DBH) on a property zoned Community Residential and improved with a single-family or middle housing dwelling. 2. Removal of no more than four trees that are 6-8" DBH on a property zoned Community Residential and improved with a single-family or middle housing dwelling in any 36 -month period, as long as the property owner submits a tree inventory survey that includes the following: a. Number of and size of trees to be removed; b. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure; c. Photos of the tree(s) to be removed; d. The method of removal and identification of contractor; and e. Time schedule of tree removal. 3. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 4. Routine maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County, and routine maintenance within rights-of-way related to Interference, Sight Distance, Emergencies or Topping, as codified in TMC 11.20. Routine maintenance includes the removal of up to 25% of the existing tree crown in a 36 -month period. Office of the City Clerk I City of Tukwila Page 259 of 356 Return to Title 5. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high-risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Permit application within one week of the emergency action and replace tree(s) if required by this chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the Director. 6. The removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right-of-way. 7. Removal of trees as allowed with a Class I-IV forest practices permit issued by the Washington State Department of Natural Resources. pro. 2765 §99, 2025; Ord. 2741 §4 (part), 2024] 18.54.040 Permit Approval Criteria, General A. All Tree Permit applications shall meet the criteria outlined below for approval. 1. Existing trees will be retained on-site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the Qualified Tree Professional report, if applicable. 2. Tree protection will be implemented as required in TMC 18.54.070. 3. Tree replacement will be implemented as required in TMC 18.54.080; unless no replacement is required per TMC 18.54.080, Table A. 4. Tree replacement funds will be deposited into the City of Tukwila Tree Fund, as described in TMC 18.54.100, if required. 5. A performance assurance will be submitted as required in TMC 18.54.110. [Ord. 2741 §4 (part), 2024] 18.54.050 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a permit application such as, but not limited to, subdivision, design review, or building permit review, the Director may require reasonable alterations to the arrangement of buildings, parking or other elements of the proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. B. Topping and pruning of more than 25% of the canopy of trees is prohibited and considered removal and subject to replacement requirements of TMC 18.54.080. C. Removal or topping of trees located on undeveloped properties is prohibited except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Low with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a Target or Risk Target; or d. Extreme risk. 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures, and potential for root or canopy interference with utilities. Office of the City Clerk I City of Tukwila Page 260 of 356 Return to Title D. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off-site tree replacement as required by this chapter. E. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. F. The Department shall conduct a tree canopy assessment every five years from the date of the adoption of this chapter to ensure the tree canopy goals of the Comprehensive Plan are being met. [Ord. 2741 §4 (part), 2024] 18.54.060 Tree Protection Standards A. All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6 -foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC 18.54." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. Office of the City Clerk I City of Tukwila Page 261 of 356 Return to Title 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. [Ord. 2741 §4 (part), 2024] 18.54.070 Tree Replacement A. Replacement Exemption for Single -Family and Middle Housing Tree Removal. Except for Heritage Trees, the removal of Significant Trees within any 36 -month period on a property zoned Community Residential and improved with a single-family or middle housing dwelling, is permitted, subject to the requirements of Table A below. TABLE A — Single Family and Middle Housing Tree Removal without Replacement Limits Trees (DBH) # of Trees in 36 month period that can be removed without replacement (') >6-8" 4 >8-18" 2 >18" 1 and no other trees (1) A combination of trees of different sizes may be removed without replacement so long as the total number of trees removed does not exceed the number allowed for the largest tree removed in a 36 -month period. See Tree Permit Application for additional details. B. Replacement Standards. 1. Each existing Significant Tree removed, including removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 100 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Fund. 2. Tree Replacement Ratios. Table B (below) establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties zoned Community Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36 -month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, are not required to be replaced. Trees determined to be Defective by the City or a Qualified Tree Professional, are not required to be replaced. Any tree removal on undeveloped properties is subject to replacement ratios in Table B. Illegal topping and pruning more than 25% in a 36 -month period is subject to replacement ratios in Table B. TABLE B — Tree Replacement Requirements Trees (DBH) Replacement ratio for trees that are subject to replacement 6-8" 1:1 >8-18" 1:2 >18" 1:3 3. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 4. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Tree Fund in accordance with the Consolidated Permit Fee Schedule adopted by resolution of the City Council. 5. Tree replacement shall also meet the standards in TMC 18.54.160. Lord. 2765 §100, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk i City of Tukwila Page 262 of 356 Return to Title 18.54.080 Tree Relocation A. Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. [Ord. 2741 §4 (part), 2024] 18.54.090 Tree Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table B cannot be accommodated on-site, the Director shall require payment into the Tree Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2 -inch caliper deciduous or 6 -foot evergreen tree; 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes, etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree funds may be used by a single-family or middle housing property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, pursuant to TMC 18.54.160. [Ord. 2765 §101, 2025; Ord. 2741 §4 (part), 2024] 18.54.100 Performance Assurance A. To mitigate potential damages that may result from unauthorized tree removal or maintenance, the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Permit, subject to the following provision: 1. The applicant may be required to post a three year performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the fair market value of the tree. Prior to the Department's final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. If trees designated for retention are damaged, they shall be subject to replacement. 2. Where replacement trees are required, the applicant may be required to post a one-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. Submission of annual photos for three years documenting that the tree is in good health will satisfy this requirement for properties zoned Community Residential and improved with a single-family Office of the City Clerk I City of Tukwila Page 263 of 356 Return to Title or middle housing dwelling. Trees that do not survive the three-year maintenance period shall be replanted and the three year maintenance period shall restart at the time of replanting. 3. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance -assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this chapter. 4. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. 5. Performance assurances provided in accordance with this chapter may be enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. [Ord. 2765 §102, 2025; Ord. 2741 §4 (part), 2024] 18.54.110 Liability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Permit, will be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. The applicant shall at all times protect improvements to adjacent properties and public rights-of-way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. [Ord. 2741 §4 (part), 2024] 18.54.120 Permit Exceptions A. Exception Procedures. An applicant seeking an exception from this chapter shall submit for an exception as part of a Tree Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the City. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria: 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. Office of the City Clerk I City of Tukwila Page 264 of 356 Return to Title c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional at the expense of the applicant. [Ord. 2741 §4 (part), 2024] 18.54.130 Permit Conformance A. All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. [Ord. 2741 §4 (part), 2024] 18.54.140 Soil Preparation, Plant Material and Maintenance Standards A. Soil Preparation. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with Best Management Practices including, but not limited to: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root V11 b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 4 -inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material Standards. 1. Plant material shall be healthy, vigorous and well -formed, with well-developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on-site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown and be of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2 -inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case-by-case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning. Office of the City Clerk I City of Tukwila Page 265 of 356 Return to Title 1. Pruning of trees should be (1) for the health of the plant material, (2) to maintain sight distances or sight lines, or (3) if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest potential. Any tree pruned in excess of 25% of the canopy shall be subject to replacement ratios listed under TMC 18.54.080. 2. All protected and replacement trees and vegetation shown in approved Tree Permit shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 213 the height of the tree prior to pruning. [Ord. 2741 §4 (part), 2024] 18.54.150 Heritage Trees and Heritage Groves A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. B. Designation Criteria. A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. C. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. D. Heritage Tree or Heritage Grove Development Review. 1. When development is proposed for property that contains a Heritage Tree or Grove, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this chapter. 2. A tree preservation plan shall be composed of the following: A site plan indicating the location of Heritage Tree(s). The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) or Grove may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum Office of the City Clerk I City of Tukwila Page 266 of 356 Return to Title necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Tree(s) or Grove. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown shall apply for a Tree Permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by a Qualified Tree Professional; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan [Ord. 2741 §4 (part), 2024] 18.54.160 Approved and Prohibited Trees A. The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. [Ord. 2741 §4 (part), 2024] 18.54.170 Violations and Penalties A. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC 8.45. B. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. C. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to the marketable value of each tree removed or damaged as determined by a Qualified Tree Professional, whichever is greater. D. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the City's Tree Fund; 25% into the General Fund. Office of the City Clerk I City of Tukwila Page 267 of 356 Return to Title E. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. F. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC 18.54.200. G. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. [Ord. 2765 §103, 2025; Ord. 2741 §4 (part), 2024] 18.54.180 Remedial Measures A. In addition to the penalties assessed, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. 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. 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table B. 3. The applicant shall satisfy the permit provisions as specified in this chapter. 4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter. 5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice of Violation and Order is issued pursuant to TMC 8.45, or within the time period otherwise specified by the Director. 6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. [Ord. 2741 §4 (part), 2024] 18.54.190 Enforcement A. General. In addition to the enforcement measures prescribed in TMC 8.45, the Director may take any or all of the enforcement actions prescribed in this chapter to ensure compliance with, and/or remedy a violation of this chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Tree Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC 8.45. Office of the City Clerk I City of Tukwila Page 268 of 356 Return to Title C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Permit or this chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of a Tree Permit issuance to ensure compliance with this chapter. The permit process is complete upon final approval by the Director. [Ord. 2765 §104, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 269 of 356 Return to Title CHAPTER 18.56 OFF-STREET PARKING AND LOADING REGULATIONS Sections: 18.56.010 Purpose 18.56.020 Chapter Application 18.56.030 Reduction of Existing Parking Spaces 18.56.040 General Requirements 18.56.050 Required Number of Parking Spaces 18.56.060 Off -Street Loading Space 18.56.065 Access and Parking Standards for Residential Uses in the CR Zone 18.56.070 Cooperative Parking Facilities 18.56.080 Accessible Parking 18.56.090 Compact Car Allowance 18.56.100 Uses Not Specified 18.56.110 Landscaping and Screening 18.56.120 Filing of Plans 18.56.130 Development Standards for Bicycle Parking 18.56.135 Electric Vehicle Charging Station Spaces 18.56.140 Administrative Variance from Parking Standards 18.56.010 Purpose A. It is the purpose of this chapter to provide for adequate, convenient, and safe off-street parking and loading areas for the different land uses described in this title. [Ord. 2741 §4 (part), 2024] 18.56.020 Chapter Application A. Off-street parking and loading spaces shall be provided as an accessory use in all zones in accordance with the requirements of this chapter, at the time any principal building or structure is erected, enlarged or at the time there is a change in its principal use. [Ord. 2765 §105, 2025; Ord. 2741 §4 (part), 2024] 18.56.030 Reduction of Existing Parking Spaces A. Any off-street parking area already in use or established hereafter shall not be reduced below the limits required by this chapter by the construction of any addition to a building or structure, nor by the erection of an additional building or structure on the property. Any change of principal and/or secondary use must meet the parking requirements of the new use. [Ord. 2741 §4 (part), 2024] 18.56.040 General Requirements A. Required off-street parking and loading facilities shall be developed in accordance with the following standards: 1. Adequate ingress and egress from any required parking space for a commercial use shall be provided without moving another vehicle. 2. The slope of off-street parking spaces shall not exceed 5%. The slope of entrance and exit driveways providing access for off-street parking areas and internal driveway aisles without parking stalls shall not exceed 15%. 3. For commercial uses, the Public Works Director or the Community Development Director may require ingress separate from egress for safer flow of traffic. Office of the City Clerk I City of Tukwila Page 270 of 356 Return to Title 4. Parking Dimensions: Minimum parking area dimensions for required parking facilities shall be as provided in Figure 18-6. Standard and compact parking stalls shall be allowed a two -foot landscaping overhang to count towards the stall length. 5. Location: a. All off-street parking shall be accessory to a primary use or structure except as allowed by the Land Use Tables 18-2 and 18-6. b. Additionally, off -premises parking areas shall be subject to compliance with the covenant parking standards in TMC 18.56.070, "Cooperative Parking Facility." c. Wheel stops shall be installed on the periphery of parking lots so cars will not protrude off the parking lot or strike buildings. Wheel stops shall be two feet from the end of the stall of head -in parking. 6. Driveways and Maneuverability: a. Ingress and egress from required parking spaces shall not require reversing a vehicle further than 50 feet. b. Turning and maneuvering space shall be located entirely on private property unless specifically approved by the Director of Public Works. c. Ingress and egress to any off-street parking lot shall not be located closer than 15 feet from point of tangent to an intersection. d. The Director may require areas not designed or approved for parking to be appropriately marked, signed, or blocked to prevent parking. e. Parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. All traffic -control devices, such as parking stripes designating car stalls, directional arrows or signs, bull rails, curbs and other developments shall be installed and completed as shown on the approved plans. f. Where pedestrian walks are used in parking lots for the use of foot traffic only, they shall be curbed or raised six inches above the lot surface. 7. Surface: a. Off-street parking or loading facilities shall be paved with asphalt, concrete, permeable pavement, or other similar approved material(s) that maintains a durable uniform surface and shall be graded and drained as to dispose of all surface water, but not across sidewalks. 8. No obstruction that would restrict car door opening shall be permitted within five feet of the centerline of a parking space. 9. Any lighting on a parking lot shall illuminate only the parking lot, designed to avoid undue glare or reflection on adjoining premises. 10. Curb -Cuts: All parking areas shall have specific entrances and/or exits to the street. The dimensional standards of streets and curb -cuts shall comply with the requirements of TMC Title 17 and the Department of Public Works. 11. Use of Parking Stalls: Parking stalls shall not be used for permanent or semi-permanent parking or storage of trucks or materials. JOrd.17n5 g1 U , 2025; Ord. 2741 �4 (part), 2024] Office of the City Clerk I City of Tukwila Page 271 of 356 Return to Title 18.56.050 Required Number of Parking Spaces A. The minimum number of off-street parking spaces for the listed uses shall be as shown in Figure 18-7 and TMC 18.28.260. 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. B. A development that creates public new on -street parking spaces via frontage improvements or new streets, in accordance with the standards of TMC Title 17 and the Department of Public Works, may count the provided on -street spaces toward the total minimum requirements for the proposed uses of the premise. [Ord. 2765 §107, 2025; Ord. 2741 §4 (part), 2024] 18.56.060 Off -Street Loading Space A. 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 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 -trailers. These requirements may be modified if the 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. [Ord. 2765 §108, 2025; Ord. 2741 §4 (part), 2024] 18.56.065 Access and Parking Standards for Residential Uses in the CR Zone A. The following standards shall apply to all residential uses within the CR zone. 1. A pedestrian path that leads to each door that provides ingress/egress to a dwelling unit shall be provided. The path shall meet the following minimum standards: a. The minimum width shall be 6 feet. b. The pedestrian path shall extend from the exterior door to the nearest abutting public street, or private street for which the inhabitants of the dwelling unit have legal right of use. The path shall connect to any existing or proposed sidewalk that abuts the property. c. The pedestrian path shall either be paved with a permeable durable uniform surface or with decorative stone, brick, or other similar materials. Gravel shall not be permitted. d. For residential uses other than townhouses, the pedestrian path shall be separate and distinct from areas of the property used for the parking or loading of motor vehicles. e. The route of the pedestrian path shall be the shortest efficient and logical route possible, while avoiding impacts to significant trees and critical areas. f. Pedestrian pathways leading to dwelling units that are accessible to those with disabilities shall not feature inaccessible design elements such as stairs. 2. Each dwelling unit is permitted a maximum of one vehicular driveway. 3. Preference shall be given to the following vehicular access point design scenarios, in the order given. The applicant shall demonstrate why each scenario is infeasible for the site, due to site specific circumstances that are not the not the result of deliberate actions of the applicant or property owner, before proposing the next preferable vehicular access point scenario. For the purposes of this section, vehicular access points include curb cuts. a. First: The project proposes to reduce the total number of vehicular access points to existing streets. This may be accomplished by consolidating existing vehicular access points, both on- and off-site. b. Second: The project proposes the same total number of vehicular access points to existing streets. This may be accomplished by co -locating access with an existing vehicular access point, both on- and off-site. Office of the City Clerk I City of Tukwila Page 272 of 356 Return to Title c. Third: The project proposes no more than one additional vehicular access point to existing streets. This single vehicular access point shall serve all dwelling units on a parcel. d. Last: The project proposes more than one additional vehicular access point to existing streets. 4. Tandem parking spaces shall be permitted to satisfy minimum parking requirements. 5. Recreational vehicles, boats, and trailers shall be parked, kept or stored on an approved durable uniform surface and shall not be parked, kept or stored in required front yard setbacks, except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed, provided no recreational vehicle prevents access by emergency responders to all sides of a structure. 6. For parcels with street frontage: No more than 50% of the area of the first 15 feet of the property from the street frontage may be covered with a driveway or surface parking area. The Director may approve exceptions to this requirement for pie -shaped or other odd shaped lots where it is infeasible to meet this requirement. 7. No more than six (6) motor vehicles shall be parked on a surface parking area associated with a single dwelling unit for a period of more than 48 hours. The parking limitations in this subsection shall apply to all motor vehicles as defined by state law with the exception of motorcycles and mopeds. [Ord. 2765 §109, 2025; Ord. 2741 §4 (part), 2024] 18.56.070 Cooperative Parking Facilities A. Shared Parking: When two or more property owners agree to enter into a shared parking agreement, the setbacks and landscaping requirements on their common property line(s) may be waived with that land used for parking, driveway and/or building. B. Covenant Parking: When required parking is provided on a parcel other than the parcel containing the associated primary use, the following conditions shall apply: 1. Parking areas are only permitted associated with a primary use or in a zoning district which permits parking areas outright. A covenant parking agreement does not excuse an applicant from compliance with the use restrictions of the zoning district, as established by the Land Use Tables 18-2 and 18-6. 2. A covenant shall be executed between the owner or operator of the principal use that the covenant parking will serve, the owner of the parking spaces, and the City stating the responsibilities of the parties. This covenant and accompanying legal descriptions of the principal use and the lot upon which the spaces are to be located shall be recorded with King County, and a copy with the recording number and parking layouts shall be submitted as part of any permit application for development. 3. The covenant lot must be within 800 feet of the primary use or a shuttle service to the use must be provided with its route, service, and operations approved by the Director. C. When any Shared or Covenant parking agreement between parties, as referenced above, is modified or terminated, the owner of the parking spaces shall be responsible for notifying the Director. In this event, all affected parties shall provide documentation that a minimum of 50% of the required minimum parking will be available within 90 days following termination of the agreement, with the remainder to be available 365 days following termination of the original agreement. If a variance is sought, the application must be submitted within 14 days of the signed agreement to terminate and the reduction in parking spaces will only be allowed if the variance is approved. Office of the City Clerk I City of Tukwila Page 273 of 356 Return to Title D. Complementary Parking: A complementary use is a portion of the development that functions differently than the primary use but is designed to serve or enhance the primary land use without creating additional parking needs for the primary traffic generator. Up to 10% of the usable floor area of a building or facility may be occupied by a complementary use without providing parking spaces in addition to the number of spaces for the principal use. Examples of complementary uses include pharmacies in hospitals or medical offices, food courts or restaurants in a shopping center or retail establishments. E. Applications for shared, covenant or complementary parking shall be processed as Type 2 decisions, pursuant to TMC 18.108.020. [Ord. 2765 §110, 2025; Ord. 2741 §4 (part), 2024] 18.56.080 Accessible Parking A. All parking provided for the handicapped, or others meeting definitions of the 1991 Americans with Disabilities Act (ADA), shall meet requirements of the Chapter 11 of the 1994 Uniform Building Code, as amended by WAC 51.30, et seq. (See Figure 18-8.) [Ord. 2765 §111, 2025; Ord. 2741 §4 (part), 2024] 18.56.090 Compact Car Allowance A. A maximum of 50% of the total off-street parking stalls may be permitted and designated for compact cars. B. Each compact stall shall be designated as such, with the word COMPACT printed onto the stall, in a minimum of eight -inch letters and maintained as such over the life of the use of both the space and the adjacent structure it serves. C. Dimensions of compact parking stalls shall conform to the standards as depicted in Figure 18-6 of this chapter. D. Compact spaces shall be reasonably dispersed throughout the parking lot. [Ord. 2765 §112, 2025; Ord. 2741 §4 (part), 2024] 18.56.100 Uses Not Specified A. In the case of a use not specifically mentioned in this chapter, the requirements for off-street parking facilities shall be determined by the Director. Such determination shall be based upon the requirements for the most comparable use specified in this chapter. [Ord. 2741 §4 (part), 2024] 18.56.110 Landscaping and Screening A. Landscaping and screening requirements shall be as provided in the Landscape, Recreation, Recycling/ Solid Waste Space Requirements chapter of this title. [Ord. 2741 §4 (part), 2024] 18.56.120 Filing of Plans A. 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 Department. 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 18.108.020. [Ord. 2765 §113, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 274 of 356 Return to Title 18.56.130 Development Standards for Bicycle Parking A. Required Number of Bicycle Parking Spaces: The required number of parking spaces for bicycles are included in TMC 18.56.050, Figure 18-7. B. Types of Bicycle Parking: 1. Short-term: This type of bicycle parking is typically not used for overnight parking or for use longer than 4 hours, is typically unsheltered, and is typically available on a first-come, first -serve basis. The most common users are site visitors. 2. Secure: This type of bicycle parking is typically used for overnight parking or for use longer than 4 hours and is typically available only with prior authorization. The most common users are residents or employees of a site. C. General Standards: 1. Access to all bicycle parking spaces shall be step -free and shall not require the use of stairs. 2. Required secure bicycle parking shall be permitted in the following locations: a. On-site or within 50 feet of the main entrance of the use triggering bicycle parking requirements, within an access controlled and secure dedicated bike storage space that provides weather protection. This space may take the form of bicycle lockers, rooms, cages, hangars, or any other solution that meets the requirements of this section; or b. Within a designated space inside of a dwelling unit or a private residential garage. 3. All bicycle parking not located within a structure shall be separated from motor vehicle traffic by a barrier, curb, post, bollard or other similar device. 4. Short-term bicycle parking shall be located within 50 feet of the nearest entrance of the building to the use, unless the applicant demonstrates that, due to circumstances outside of the control of the applicant, such a location is infeasible. The applicant shall demonstrate that the location proposed is highly visible, safe, well -lit, accessible, and emphasizes user convenience and deterrence of theft. 5. Bicycle parking may be permitted on public property (such as within flex zones or clear zones of daylighted intersections) with approval of the Department of Community Development and the Department of Public Works. 6. Projects proposing new streets with on -street parking may substitute any area used for on -street parking with short-term or secure bicycle parking that meets the requirements of this section and all requirements of the Department of Public Works and the Department of Community Development. 7. A building shall not prevent the usage by a bicycle of any vehicle garage entrance unless an equivalently accessible entrance is provided for bicycle access. 8. Required bicycle spaces not located within an individual residential dwelling or private residential garage shall feature inverted "U" racks (also called staple racks or loop racks) and/or post -and -ring racks and/or two-tier parking with lift assists. Parking spaces shall not be designed in a manner that requires a user to lift a bicycle without mechanical assistance. 9. Required secure bicycle spaces located within an individual residential dwelling shall be permitted when the dwelling unit is accessible without the use of stairs and the bicycle parking is accessible without rolling the bicycle over carpeting or other porous flooring materials. Floor plans shall indicate the designated bicycle parking space within each dwelling unit. Bicycle parking spaces within dwelling units shall be excluded from the calculations of livable area. 10. Secure bicycle parking for commercial uses and residential uses with greater than 10 attached dwellings shall provide at least 50% of required bicycle parking spaces horizontally on the ground. Bicycle parking spaces shall have a minimum dimension of 3 feet by 6 feet. Individual bicycle parking spaces shall be spaced with racks no less than 30 -inches off -center, or 17 -inches off -center for high density offset arrangements. 11. Uses requiring greater than 10 bicycle parking spaces shall feature a minimum of one electrical wall outlet per 5 spaces, to be used for bicycle maintenance or electric bike charging. [Ord. 2765 §114, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 275 of 356 Return to Title 18.56.135 Electric Vehicle Charging Station Spaces A. Applicability: Regulations are applicable to all parking lots or garages, except those that include restricted electric vehicle charging stations. B. Number of stations: No minimum number of charging station spaces is required. C. Minimum Parking Requirements: An electric vehicle charging station space may be included in the calculation for minimum required parking spaces that are required pursuant to other sections of this chapter. D. Location and Design Criteria: The provision of electric vehicle parking will vary based on the design and use of the primary parking lot. The following required and additional locational and design criteria are provided in recognition of the various parking lot layout options. 1. Where provided, parking for electric vehicle charging purposes is required to include the following: a. Signage: Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operation shall be included if time limits or tow away provisions are to be enforced. Refer to the Manual on Uniform Traffic Control Devices for electric vehicle and parking signs. Electric Vehicle Parking Sign Examples: ELECTRIC® HOUR VEHICLECHARGING EXCEPT FOR CHARGINELECTRIC 7AM ro STATION VEHICLE / 6PM CHARGING 12" x 12" 12" x 18" 12" x 18" b. Maintenance: Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A telephone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or when other problems are encountered. c. Accessibility: Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-50-005. d. Lighting: Where charging station equipment is installed, adequate site lighting shall exist, unless charging is allowed during daytime hours only. 2. Charging station spaces for electric vehicles should also consider the following signage information: a. Information on the charging station, identifying voltage and amperage levels and any time of use, fees, or safety information. Office of the City Clerk I City of Tukwila Page 276 of 356 Return to Title b. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s). Refer to the Manual on Uniform Traffic Control Devices for electric vehicle and directional signs. Directional Sign Examples: ELECTRIC VEHICLE CHARGING STATION 12" x 6" 12" x 6" [Ord. 2741 §4 (part), 2024] 18.56.140 Administrative Variance from Parking Standards A. General: 1. A Type 2 request for an administrative variance from required parking standards must be received prior to any issuance of building or engineering permits. 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 after: a. All shared parking strategies are explored. b. On-site park and ride opportunities are fully explored. 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. 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. Office of the City Clerk I City of Tukwila Page 277 of 356 Return to Title d. Shared use of off-site parking. e. Combined on-site parking. f. Employee density. g. Adjacent land uses. D. Review: Applications for variances for reductions below minimum parking requirements shall be processed pursuant to TMC 18.104. [Ord. 2765 §115, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 278 of 356 Return to Title CHAPTER 18.58 WIRELESS COMMUNICATION FACILITIES Sections: 18.58.010 Purpose 18.58.020 Authority and Application 18.58.030 Exemptions 18.58.040 Definitions 18.58.050 General Provisions 18.58.060 Macro Facilities 18.58.070 New Towers 18.58.080 Removal of Abandoned Wireless Communication Facilities 18.58.090 Eligible Facilities Requests 18.58.100 Small Wireless Facility Application Process 18.58.110 Small Wireless Facility Application Requirements 18.58.120 Small Wireless Facility Review Criteria and Process 18.58.130 Small Wireless Facility Permit Requirements 18.58.140 Small Wireless Facility Modification 18.58.150 Decorative Poles 18.58.160 Small Wireless Facility Aesthetic, Concealment, and Design Standards 18.58.010 Purpose A. The purpose of this Chapter, in addition to implementing the general purposes of the Comprehensive Plan and development regulations, is to regulate the permitting, placement, construction, and modification of wireless communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. The purpose of this Chapter will be achieved through adherence to the following objectives: 1. Establish clear and nondiscriminatory local regulations concerning telecommunications providers and services that are consistent with Federal and State laws and regulations pertaining to telecommunications providers; 2. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities might create, including but not limited to impacts on aesthetics, environmentally sensitive areas, historically significant locations, and flight corridors; 3. Minimize potential adverse visual, aesthetic, and safety impacts of wireless communication facilities; 4. Establish objective standards for the placement of wireless communications facilities; 5. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services; 6. Encourage the location or attachment of multiple facilities within or on existing structures to help minimize the total number and impact of such facilities throughout the community; 7. Require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, in order to reduce cumulative negative impact upon the City; 8. Encourage wireless communication facilities to be configured in a way that minimizes the adverse visual impact of the wireless communication facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, and through assessment of the carrier's service objective, current location options, siting, future available locations, and innovative siting techniques; 9. Enhance the ability of the wireless communications facility providers to provide such services to the community quickly, effectively and efficiently; Office of the City Clerk I City of Tukwila Page 279 of 356 Return to Title 10. Provide for the removal of wireless communication facilities that are abandoned or no longer inspected for safety concerns and Building Code compliance, and provide a mechanism for the City to cause these abandoned wireless communication facilities to be removed, to protect the citizens from imminent harm and danger. B. In furtherance of these objectives, the City shall give due consideration to the Comprehensive Land Use Plan, zoning code, existing land uses, and environmentally sensitive areas in approving sites for the location of communication towers and antennas. C. These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize visual impact, while furthering the development of enhanced telecommunication services in the City. The provisions of this Chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This Chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting wireless service within the City. D. To the extent that any provision of this Chapter is inconsistent or conflicts with any other City ordinance, this Chapter shall control. Otherwise, this Chapter shall be construed consistently with the other provisions and regulations of the City. [Ord. 2741 §4 (part), 2024] 18.58.020 Authority and Application A. The provisions of this Chapter shall apply to the placement, construction or modification of all wireless communication facilities, except as specifically exempted in TMC 18.58.030. Any person who desires to locate a wireless communication facility inside or outside the right-of-way, which is not specifically exempted by TMC 18.58.030, shall comply with the applicable application permitting requirements, and design and aesthetic regulations described in this Chapter. In addition, applicants for wireless communication facilities inside the City's right-of-way must also obtain a franchise pursuant to TMC 11.32. [Ord. 2741 §4 (part), 2024] 18.58.030 Exemptions A. The provisions of this Chapter shall not apply to the following: 1. Routine maintenance and repair of wireless communication facilities (excluding structural work or changes in height or dimensions of support structures or buildings); provided that the wireless communication facilities received approval from the City for the original placement and construction and provided further that compliance with the standards of this code is maintained and right -of -use permit obtained if the wireless communication facility is located in the right-of-way. 2. Changing or adding additional antennas within a previously permitted concealed building -mounted installation is exempt provided there is no visible change from the outside. 3. Bird exclusionary devices. 4. Additional ground equipment placed within an approved equipment enclosure, provided the height of the equipment does not extend above the screening fence. 5. An antenna that is designed to receive or send direct broadcast satellite service and/or broadband signals, or other means for providing internet service including direct -to -home satellite services, and that is 1 meter or less in diameter or diagonal measurement, and when the antenna is attached to the residence or business that is utilizing the service. 6. An antenna that is designed to receive video programming services via multipoint distribution services, including multi -channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is 1 meter or less in diameter or diagonal measurement. 7. An antenna that is designed to receive television broadcast signals. 8. Antennas for the receiving and sending of amateur radio devices or ham radios, provided that the antennas meet the height requirements of the applicable zoning district, and are owned and operated by a Federally -licensed amateur Office of the City Clerk I City of Tukwila Page 280 of 356 Return to Title radio station operator or are used exclusively for receive -only antennas and provided further that compliance with the standards of this code is maintained. 9. Emergency communications equipment during a declared public emergency, when the equipment is owned and operated by an appropriate public entity. 10. Any wireless communication facility that is owned and operated by a government entity, for public safety radio systems, ham radio and business radio systems. 11. Antennas and related equipment no more than 3 feet in height that are being stored or displayed for sale. 12. Radar systems for military and civilian communication and navigation. 13. Automated meter reading ("AMR") facilities for collecting utility meter data for use in the sale of utility services, except for WIP and other antennas greater than two feet in length, so long as the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the City. 14. Eligible facilities requests. See TMC 18.58.090. [Ord. 2741 §4 (part), 2024] 18.58.040 Definitions A. For the purposes of this Chapter, the following terms shall have the meaning ascribed to them below. 1. "Antenna(s)" in the context of small wireless facilities and consistent with 47 CFR 1.1320(w) and 1.6002(b) means an apparatus designed for the purpose of emitting radiofrequency ("RF") radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless and any commingled information services. For the purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized by 47 CFR Title 15. 2. "Antenna equipment," consistent with 47 CFR 1.1320(4), means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and when collocated on a structure, are mounted or installed at the same time as the antenna. 3. "Applicant" means any person submitting an application for a wireless communication facility permit pursuant to this Chapter. 4. "Collocation" means: a. Mounting or installing an antenna facility on a preexisting structure; and/or b. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. 5. "Director" means the Department of Community Development Director or designee. 6. "Equipment enclosure" means a facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. "Associated equipment" may include, for example, air conditioning, backup power supplies, and emergency generators. 7. "FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. 8. "Macro Facility" means a large wireless communication facility that provides radio frequency coverage for wireless services. Generally, macro facility antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro wireless communication facilities (WCF) typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. Macro facilities include but are not limited to monopoles, lattice towers, macro cells, roof -mounted and panel antennas, and other similar facilities. 9. "Permittee" means a person who has applied for and received a wireless communication facility permit pursuant to this Chapter. Office of the City Clerk I City of Tukwila Page 281 of 356 Return to Title 10. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. 11. "Person" includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals. 12. "Service provider' shall be defined in accord with RCW 35.99.010(6). "Service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the construction of wireless communication facilities. 13. "Small wireless facility" shall be defined as provided in 47 CFR 1.6002(1). 14. "Stealth Technique" means stealth techniques specifically designated as such at the time of the original approval of the wireless communication facility for the purposes of rendering the appearance of the wireless communication facility as something fundamentally different than a wireless communication facility including, but not limited to, the use of nonreflective materials, appropriate colors, and/or a concealment canister. 15. "Structure" means a pole, tower, base station, or other building, whether or not it has an existing antenna equipment, that is used or to be used for the provision of personal wireless service (on its own or commingled with other types of services). 16. "Telecommunications service" shall be defined in accord with RCW 35.99.010(7). 17. "Tower' means any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services, and fixed wireless services such as microwave backhaul and the associated site. 18. "Traffic signal pole" means any structure designed and used primarily for support of traffic signal displays and equipment, whether for vehicular or nonmotorized users. 19. "Transmission equipment" means equipment that facilitates transmission for any FCC -licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 20. "Unified enclosure" means a small wireless facility providing concealment of antennas and equipment within a single enclosure. 21. "Utility pole" means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths. 22. "Wireless communication facilities" or "WCF" means facilities used for personal wireless services. 23. "Wireline" means services provided using a physically tangible means of transmission including, without limitation, wire or cable, and the apparatus used for such transmission. [Ord. 2741 §4 (part), 2024] 18.58.050 General Provisions A. No person may place, construct or modify a wireless communication facility subject to this Chapter without first having in place a permit issued in accordance with this Chapter. Except as otherwise provided herein, the requirements of TMC 18.100, TMC 18.104 and TMC 18.108 do not apply to this TMC 18.58. B. Macro facilities, as defined in TMC 18.58.040, are allowed in zones consistent with TMC 18.58.060.F and require a macro facility permit pursuant to TMC 18.58.020. Office of the City Clerk I City of Tukwila Page 282 of 356 Return to Title C. Small wireless facilities, as defined in TMC 18.58.040, are permitted uses throughout the City but still require a small wireless facility permit pursuant to TMC 18.58.020. Small wireless facilities located within the City's rights-of-way require a valid franchise. D. No provision of this Chapter shall be interpreted to allow the installation of a wireless communication facility to reduce the minimum parking or landscaping on a site. E. Applicants use various methodologies and analyses, including geographically -based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communication facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The City may at its discretion require an engineering and technical review as part of a permitting process. The reasonable costs actually incurred by the City for such technical review shall be borne by the applicant, provided that the City provides to the applicant an itemized accounting of the costs actually charged by said third party reviewer and incurred by the City. F. Appeals: Appeals related to wireless communication facilities shall be filed in King County Superior Court or in a court of competent jurisdiction. G. Permit Revocation — Suspension — Denial: A permit issued under this Chapter may be revoked, suspended or denied for any one or more of the following reasons: 1. Failure to comply with any federal, state, or local laws or regulations. 2. Failure to comply with the terms and conditions imposed by the City on the issuance of a permit. 3. When the permit was procured by fraud, false representation, or omission of material facts. 4. Failure to comply with federal standards for RF emissions. [Ord. 2741 §4 (part), 2024] 18.58.060 Macro Facilities In order to manage the City in a thoughtful manner that balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City, the City of Tukwila has adopted this administrative process for the deployment of macro facilities. Applicants are encouraged and expected to provide all related applications listed in TMC 18.58.060.A for each facility in one submittal unless they have already obtained a franchise or lease. A. Required applications: The Director is authorized to establish application forms to gather the information required by City ordinances from applicants. 1. Franchise: If any portion of the applicant's facilities are to be located in the right-of-way, the applicant shall apply for, and receive, a franchise consistent with TMC 11.32. An applicant with a franchise for the deployment of macro facilities in the City may apply directly for a macro facility permit and related approvals. 2. Macro Facility Permits: The applicant shall submit a macro facility permit application as required by TMC 18.58.020. Prior to the issuance of a macro facility permit, the applicant shall pay a permit fee in an amount in accordance with the fee schedule adopted by resolution of the City Council, or the actual costs incurred by the City in reviewing such permit application. 3. Associated Permit(s) and Checklist(s): The applicant shall attach all associated required permit applications including, but not limited to, applications required under TMC 11.08, and applications or check lists required under the City's Critical Areas, Shoreline or SEPA ordinances. 4. Leases: An applicant who desires to place a macro facility on City property outside the right-of-way or attach a macro facility to any structure owned by the City shall include an application for a lease as a component of its application. Leases for the use of public property, structures, or facilities shall be submitted to the City Council for approval. Office of the City Clerk I City of Tukwila Page 283 of 356 Return to Title B. Macro facility Applications: 1. A pre -application meeting is encouraged prior to submitting an application for a macro facility permit. 2. Public Notice: The City shall provide notice of a complete application for a macro facility permit on the City's website with a link to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public's information and is not a part of a hearing or part of the land use appeal process. 3. Review: The Director shall review the application for conformance with the application requirements in this Chapter and specifically the review criteria in TMC 18.58.060.0 to determine whether the application is consistent with this Chapter. 4. Decision: The Director shall issue a decision in writing. The Director may grant a permit, grant the permit with conditions pursuant to this chapter and the code, or deny the permit. a. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed. b. If no reasonable condition(s) can be imposed that ensure the application meets such requirements, the application shall be denied. c. The Director's decision is final. C. Macro Facility Review Criteria: 1. No application for a macro facility maybe approved unless all of the following criteria, as applicable, are satisfied: a. The proposed use will be served by adequate public facilities including roads, and fire protection. b. The proposed use will not be materially detrimental to uses or property in the immediate vicinity of the subject property and will not materially disturb persons in the use and enjoyment of their property. c. The proposed use will not be materially detrimental to the public health, safety and welfare. d. The proposed use complies with this Chapter and all other applicable provisions of this code. 2. The Director shall review the application for conformance with the following criteria: a. Compliance with prioritized locations pursuant to TMC 18.58.060.F. b. Compliance with development standards pursuant to TMC 18.58.060.G. D. Macro Facility Permit Requirements: 1. The permittee shall comply with all of the requirements within the macro facility permit. 2. The permittee shall allow collocation of proposed macro facilities on the permittees' site, unless the permittee demonstrates that collocation will impair the technical operation of the existing macro facilities to a substantial degree. 3. The permittee shall notify the City of any sale, transfer, assignment of a macro facility within 60 days of such event. 4. All installations of macro facilities shall comply with any governing construction or electrical code including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable. 5. A macro facility permit issued under this chapter must be substantially implemented within 24 months from the date of final approval or the permit shall expire. The permittee may request one extension to be limited to 12 months, if the applicant cannot construct the macro facility within the original 24 -month period. 6. Site Safety and Maintenance: The permittee shall maintain the macro facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly including, but not limited to, following any maintenance or modifications on the site. Office of the City Clerk I City of Tukwila Page 284 of 356 Return to Title E. Macro Facility Location Hierarchy: Macro facilities shall be located in the following prioritized order of preference: 1. Collocated on existing macro facility(ies) or another existing public facility/utility facility (i.e., an existing or replacement utility pole or an existing monopole/tower). 2. Collocated on existing buildings and structures located in nonresidential zones. 3. Collocated on existing building and structures in residential zones not used for residential uses (e.g. religious facility or public facility). 4. New monopole/tower proposed in an industrial, commercial, or business zone district, where the sole purpose is for wireless communication facilities; provided that approval for new monopole/tower is given pursuant to TMC 18.58.070. Said monopole/tower shall be the minimum height necessary to serve the target area but in no event may it exceed the height requirements of the underlying zoning district by more than 10 feet; however, the monopole/tower shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. Further, the monopole/tower shall comply with the setback requirements of the commercial or business zone districts, as applicable. In no case shall the monopole/tower be of a height that requires illumination by the Federal Aviation Administration (FAA). 5. New monopole/tower proposed in a residential zone district, where the sole purpose is for wireless communications, but only if the applicant can establish that the monopole/tower cannot be collocated on an existing facility or structure and receives approval pursuant to TMC 18.58.070. Further, the proposed monopole/tower shall be no higher than the minimum height necessary to serve the target area but in no event may it exceed the height requirements of the underlying zoning district by more than 10 feet; however, the structure shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. In no case shall the antenna be of a height that requires illumination by the FAA. F. Macro Facility Design and Concealment Standards: All macro facilities shall be constructed or installed according to the following standards: 1. Macro facilities must comply with applicable FCC, Federal Aviation Administration (FAA), state, and City regulations and standards. 2. Antennas shall be located, mounted and designed so that visual and aesthetic impacts upon surrounding land uses and structures are minimized, and so they blend into the existing environment. 3. Macro facilities must be screened or camouflaged employing the best available techniques, such as compatible materials, non -glare paint, location, color, artificial trees and hollow flagpoles, and other tactics to minimize visibility of the facility from public streets and residential properties. a. Macro facilities shall be designed and placed or installed on a site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures by: (1) Using existing site features to screen the macro facility from residential properties and the right-of-way; and (2) Using existing or new site features as a background in a way that helps the macro facility blend into the background. b. Asa condition of permit approval, the City may require the applicant to supplement existing trees and mature vegetation within its screened area to screen the facility. c. A macro facility shall be painted either in a nonreflective color or in a color scheme appropriate to the background against which the macro facility would be viewed from a majority of points within its viewshed, and in either case the color must be approved by the City as part of permit approval. d. Macro facilities may be subject to additional screening requirements by the Director to mitigate visual impacts to adjoining properties or public right-of-way as determined by site-specific conditions. Office of the City Clerk I City of Tukwila Page 285 of 356 Return to Title 4. If proposing to locate on a building, the macro facility shall meet the height requirements of the underlying zoning category; provided the macro facility may exceed the height requirements by 10 feet so long as the macro facility is shrouded or screened. 5. If proposing to locate on a replacement utility pole, the height of the replacement pole shall not exceed 15 feet taller than the existing pole and may not be greater than 50 feet tall in residential zones unless the applicant demonstrates in writing that an additional height increase is required for vertical clearance separation and it is the minimum extension possible to provide sufficient separation. Within all other zones, the height of the replacement utility pole shall not exceed 10 feet taller than the height requirements of the underlying zone. 6. The use of a utility pole for siting of a macro facility shall be considered secondary to the primary function of the pole. If the primary function of the pole serving as the host site of the macro facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the macro facility and the macro facility and all associated equipment shall be removed. 7. Equipment facilities shall be placed underground if feasible, or, if permitted above ground, shall: a. Be screened from any street and adjacent property with fencing, walls, landscaping, structures or topography or a combination thereof or placed within a building; and b. Not be located within required building setback areas. 8. If a security barrier is installed that includes a fence, wall or similar freestanding structure, the following shall apply: a. The height of the barrier shall be restricted by the height limitations in the zoning district. The height is measured from the point of existing or finished grade, whichever is lower at the exterior side of the barrier to the highest point of the barrier. b. Be screened from adjoining properties and City right-of-way through the use of appropriate landscaping materials including: (1) Placement of landscape vegetation around the perimeter of the security barrier, except that a maximum 10 -foot portion of the fence may remain without landscaping in order to provide access to the enclosure. (2) The landscaping area shall be a minimum of 5 feet in width. (3) The permittee shall utilize evergreen plants that shall be a minimum of 6 feet tall at the time of planting and shall obscure the site within 2 years. (4) Landscaping and the design of the barrier shall be compatible with other nearby landscaping, fencing and freestanding walls. (5) If a chain link fence is allowed in the zone district, it shall be green vinyl slats. 9. Sufficient space for temporary parking for regular maintenance of the proposed macro facility must be demonstrated. 10. Macro facilities may not: (i) produce noise in excess of the limitation set forth in TMC 6.04; and (ii) be used for mounting signs, billboards or message displays of any kind. 11. The Director shall consider the cumulative visual effects of macro facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the City.. [Ord. 2765 §116, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 286 of 356 Return to Title 18.58.070 New Towers A. Applicability: Any application for a new macro facility tower shall be reviewed, and approved or denied, by the Hearing Examiner as a Type 3 decision pursuant to TMC 18.104. B. Review Criteria: The Hearing Examiner shall review the application to construct a new macro facility tower, and shall determine whether each of the following requirements are met: 1. That collocation is not feasible because: a. Existing structures or towers do not have sufficient structural strength to support the applicant's proposed antenna and ancillary facilities; b. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna; c. The fees, costs or contractual provisions required by the owner or operator in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding new tower construction by 25% are presumed to be unreasonable; or d. The applicant demonstrates other limiting factors that render existing towers and structures or other sites unsuitable. All engineering evidence must be provided and certified by a registered and qualified professional engineer and clearly demonstrate the evidence required. 2. The proposed tower meets all applicable design standards in TMC 18.58.060. 3. Where the proposed tower does not comply with the requirements of this Chapter, the applicant has successfully demonstrated that denial of the application would effectively prohibit the provision of service in violation of 47 USC 253 and/or 332. C. Determination: The Hearing Examiner, after holding an open public hearing in accordance with TMC 18.112, shall either approve, approve with conditions, or deny the application. [Ord. 2741 §4 (part), 20241 18.58.080 Removal of Abandoned Wireless Communication Facilities A. Any wireless communication facility that, after the initial operation of the facility, is not used for the purpose for which it was intended at the time of filing of the application for a continuous period of 12 months shall be considered abandoned, and the owner of such facility shall remove same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove such abandoned facility shall result in declaring the facility a public nuisance. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower. [Ord. 2741 §4 (part), 2024] 18.58.090 Eligible Facilities Requests A. Under 47 USC 1455 and relevant FCC regulations (see 47 CFR §1.6100), a local jurisdiction must approve a modification of a wireless facility qualifying as an eligible facility request. Accordingly, the City adopts the following provisions for review of applications for eligible facility requests as defined by this chapter and federal law. B. Definitions: 1. 'Base station" shall mean and refer to the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower. Base station includes without limitation: Office of the City Clerk I City of Tukwila Page 287 of 356 Return to Title a. Equipment associated with wireless communications services regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small wireless facilities). b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including DAS and small wireless facilities). c. Any structure other than a tower that, at the time an eligible facilities modification application is filed with the City under this chapter, supports or houses equipment described in subparagraphs (a) and (b) of TMC 18.58.090.13, and that has been reviewed and approved under the applicable zoning or siting process, or under another State, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. d. The term does not include any structure that, at the time a completed eligible facilities modification application is filed with the City under this section, does not support or house equipment described in subparagraphs (a) and (b) of TMC 18.58.090.B. 2. "Coloration"shall mean the mounting or installing of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. 3. "Eligible facilities request" shall mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: a. Collocation of new transmission equipment; b. Removal of transmission equipment; or c. Replacement of transmission equipment. 4. "Eligible support structure" shall mean and refer to any existing tower or base station as defined in this chapter provided it is in existence at the time the eligible facilities modification application is filed with the City under this chapter. 5. "Existing" shall mean and refer to a constructed tower or base station that was reviewed and approved under the applicable zoning or siting process and lawfully constructed; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. 6. "Site"shall mean and refer to the current boundaries of the leased or owned property surrounding a tower (other than a tower in the public rights-of-way) and any access or utility easements currently related to the site and, for other eligible support structures, shall mean and be further restricted to, that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process. 7. "Substantial Change". A modification will substantially change the physical dimensions of an eligible support structure if it meets any of the following criteria: a. For towers not in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. The separation of antennas is measured by the distance from the top of the existing antennas to the bottom of the new antennas. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. b. For towers not in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the Office of the City Clerk I City of Tukwila Page 288 of 356 Return to Title appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet. c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed 4 cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure. d. For any eligible support structure: (1) it entails any excavation or deployment outside the current site; except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; (2) it would defeat the concealment elements of the eligible support structure; or (3) it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in this section. 8. "Tower" shall mean and refer to any structure built for the sole or primary purpose of supporting any antennas and their associated facilities, licensed or authorized by the FCC, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. 9. "Transmission Equipment" shall mean and refer to equipment that facilitates transmission for any wireless communication service licensed or authorized by the FCC, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. C. Application. The Director shall prepare and make publicly available an application form that shall be limited to the information necessary for the City to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. D. Qualification As an Eligible Facilities Request: Upon receipt of an application for an eligible facilities request, the Director shall review such application to determine whether the application qualifies as an eligible facilities request. E. Time Frame for Review. Applications for an eligible facilities request are reviewed by the Director or his/her designee, who will approve the application within 60 days of the date an applicant submits an eligible facilities request application, unless the Director determines that the application does not qualify under FWRC 19.257.020. F. Tolling the Time Frame for Review. The 60 -day review period begins to run when the application is filed and may be tolled only by mutual agreement by the City and the applicant or in cases where the City determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications. 1. To toll the time frame for incompleteness, the City shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application and including a citation to the publicly stated code provision requiring such information. The City recognizes that such a notice is limited to information "reasonably related" to determining whether the application meets the "eligible facilities request" requirements. 2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness. 3. Following a supplemental submission, the City will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is Office of the City Clerk I City of Tukwila Page 289 of 356 Return to Title tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. G. Determination That an Application is Not an Eligible Facilities Request: If the City determines that the applicant's request does not qualify as an eligible facilities request, the City shall deny the application. H. Failure to Act: In the event the City fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. I. Appeals: Applicants and the City may bring claims related to Section 6409 (a) of the Spectrum Act, 47 USC 1455(a) to any court of competent jurisdiction. [Ord. 2741 §4 (part), 2U24j 18.58.100 Small Wireless Facility Application Process A. Applicability: Any applications for small wireless facilities either inside or outside of the public right-of-way shall comply with the application requirements for a small wireless facility permit described in this Chapter. For small wireless facilities inside the right-of-way, the applicant must also comply with the requirements pursuant to TMC 11.32. B. Completeness: An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by TMC 18.58.110 and, to the extent relevant, has submitted all the applicable items in TMC 18.58.100.0 and the City has confirmed that the application is complete. Franchisees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional phases of a small wireless facilities deployment at any time subject to the commencement of a new completeness review time period for permit processing. C. Application Components: The Director is authorized to establish franchise and other application forms to gather the information required from applicants to evaluate the application and to determine the completeness of the application as provided herein. The application shall include the following components as applicable: 1. Franchise: If any portion of the applicant's facilities are to be located in the City's right-of-way, the applicant shall apply for, and receive approval of a franchise, consistent with the requirements in TMC 11.32. An application for a franchise may be submitted concurrently with an application for a small wireless facility permit(s). 2. Small Wireless Facility Permit: The applicant shall submit a small wireless facility permit application as required in the small wireless facility application requirements established in TMC 18.58.110 and pay the applicable permit fee in accordance with the fee schedule adopted by resolution of the City Council and which may be amended by the City Council from time to time. 3. Associated Application(s) and Checklist(s): Any application for a small wireless permit that contains an element not categorically exempt from SEPA review shall simultaneously apply under RCW 43.21C and TMC 21. Further, any application proposing small wireless facilities in a shoreline area (pursuant to TMC 18.44) or an environmentally sensitive area (pursuant to TMC 18.45) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities for new poles shall comply with the requirements in TMC 18.58.160.E. 4. Leases: An applicant who desires to attach a small wireless facility on any utility pole, light pole, or other structure or building owned by the City shall obtain a lease as a component of its application. City owned utility poles and the use of other public property, structures or facilities including, but not limited to any park land or facility, require City Council approval of a lease or master lease agreement. [Ord. 2741 §4 (part), 20241 Office of the City Clerk I City of Tukwila Page 290 of 356 Return to Title 18.58.110 Small Wireless Facility Application Requirements The following information shall be provided by all applicants for a small wireless permit. A. The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. The applicant shall specify ground -mounted equipment, conduit, junction boxes and fiber and power connections necessary for and intended for use in the small wireless facilities system regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. The applicant shall provide detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards. The application shall have sufficient detail to identify: 1. The location of overhead and, to the extent applicable, underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which project area shall include the location of the fiber source and power source). Further, the applicant shall include all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of the proposed project area. 2. The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or significant landscaping to be disturbed during construction. The applicant is discouraged from cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed the applicant must comply with applicable provisions of TMC 11.20 and TMC 18.54. 3 The applicant's plan for fiber and power service, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility, to the extent to which the applicant is responsible for installing such fiber and power service, conduits, cables, and related improvements. Where another party is responsible for installing such fiber and power service, conduits, cables, and related improvements, applicant's construction drawings shall include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain power and fiber service to the small wireless facility. 4. A photometric analysis of the roadway and sidewalk within 150 feet of the existing light if the site location includes a new light pole or replacement light pole if in a new location. 5. Compliance with the applicable aesthetic requirements pursuant to TMC 18.58.150 and 18.58.160. B. The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. The approval may be conditional (i.e. that the pole owner approves if the City also approves). Such written approval shall include approval of the specific pole, engineering and design specifications for the pole, as well as assurances that the specific pole can withstand wind and seismic loads as well as assurances in accordance with TMC 18.58.1101, from the pole owner, unless the pole owner is the City. For City -owned poles or structures, the applicant shall obtain a lease from the City prior to or concurrent with the small wireless facility permit application so the City can evaluate the use of a specific pole. C. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area and/or with similar designs. D. The applicant shall submit a sworn affidavit signed by a Radio Frequency (RF) engineer with knowledge of the proposed project affirming that the small wireless facility will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small wireless facility will operate. If facilities that generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions from the entire installation. The applicant may provide one emissions report for the entire batch of small wireless facility applications if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch. Office of the City Clerk I City of Tukwila Page 291 of 356 Return to Title E. The applicant shall provide proof of FCC or other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed, if such approvals are required. F. A professional engineer licensed by the State of Washington shall certify in writing, over his or her seal, that construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as required by applicable codes. The Building Official may accept alternative forms of the structural approval if the review and calculations are conducted by another agency, such as the pole owner. G. Those elements that are typically contained in the right-of-way permit pursuant to TMC 11.08, including a traffic control plan, to allow the applicant to proceed with the build -out of the small wireless facility. H. Proof of a valid City of Tukwila business license. I. Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the structural safety of City -owned poles and structures, and to formulate and publish application questions for use when an applicant seeks to attach to City -owned poles and structures. J. Such other information as the Director, in his/her reasonable discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations. [Ord. 2741 §4 (part), 2024] 18.58.120 Small Wireless Facility Review Criteria and Process A. The following provisions relate to the review of applications for a small wireless facility permit: 1. In any zone, upon application for a small wireless permit, the City shall permit small wireless facilities only when the application meets the applicable criteria of TMC 18.58. 2. Vertical clearance shall be reviewed by the Director in accordance with NESC or applicable pole safety codes to ensure the small wireless facilities will not pose a hazard to other users of the rights-of-way. 3. Replacement poles, new poles, and ground -mounted equipment shall only be permitted pursuant to the applicable standards in TMC 18.58.160. 4. No equipment shall be operated so as to produce noise in violation of TMC 8.22. 5. Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner's express written consent pursuant to TMC 18.58.160.A.1. B. Decision: All small wireless facility applications shall be reviewed and approved or denied by the Director. The Director's decision shall be final and is not subject to appeal under City code or further review by the City. C. Eligible Facilities Requests: Small wireless facilities may be expanded pursuant to an eligible facility request so long as the expansion: 1. does not defeat the specifically designated stealth techniques; and 2. incorporates the aesthetic elements required as conditions of approval set forth in the original small wireless facility approval in a manner consistent with the rights granted an eligible facility; and 3. does not exceed the conditions of a small wireless facility as defined by 47 CFR 1.6002(1). D. Public Notice: The City shall provide notice of a complete application for a small wireless facility permit on the City's website with a link to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed small wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public's information and is not a part of a hearing or part of the land use appeal process. E. Withdrawal: Any applicant may withdraw an application submitted at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the Director's decision, then reimbursement Office of the City Clerk I City of Tukwila Page 292 of 356 Return to Title of fees submitted in association with said application shall be reduced to withhold the amount of actual and objectively reasonable City costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Director's decision, there shall be no refund of all or any portion of such fee. F. Supplemental Information: Failure of an applicant to provide supplemental information as requested by the Director within 90 days of notice by the Director shall be grounds for denial of that application unless an extension period has been approved by the Director. If no extension period has been approved by the Director, the Director shall notify the applicant in writing that the application is denied. G. Consolidated Permit: The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the Public Works and the Community Development departments. The general standards applicable to the use of the rights-of-way described in TMC 11.08 shall apply to all small wireless facility permits. [Ord. 2741 §4 (part), 2024] 18.58.130 Small Wireless Facility Permit Requirements A. Permit Compliance: The permittee shall comply with all of the requirements within the small wireless facility permit. B. Post -Construction As-Builts: Upon request, the permittee shall provide the City with as-builts of the small wireless facilities within 30 days after construction of the small wireless facility, demonstrating compliance with the permit, visual renderings submitted with the permit application and any site photographs taken. C. Construction Time Limit: Construction of the small wireless facility must be completed within 12 months after the approval date by the City. The permittee may request one extension of no more than six months, if the permittee provides an explanation as to why the small wireless facility cannot be constructed within the original 12 -month period. D. Site Safety and Maintenance: The permittee must maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism of the small wireless facility and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. E. Operational Activity: The permittee shall commence operation of the small wireless facility no later than six months after installation. The permittee may request two extensions, each for an additional six-month period if the permittee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities. [Ord. 2741 §4 (part), 2024] 18.58.140 Small Wireless Facility Modification A. If a permittee desires to modify their small wireless facilities, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole -mounted or ground -mounted equipment, or modifying the stealth techniques, then the permittee shall apply for a new small wireless permit. B. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the stealth techniques used in the original small wireless facility and does not impact the structural integrity of the pole. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with TMC 11.08. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 293 of 356 Return to Title 18.58.150 Decorative Poles A. The City discourages the use or replacement of certain decorative poles for small wireless facilities due to the aesthetic impact to the City's streetscape. Accordingly, the pedestrian light pole (herein referred to as "decorative poles"), designated in the City's Infrastructure Design and Construction Standards Manual, are discouraged from use or replacement for small wireless facilities. B. Applications for small wireless facilities attached to decorative poles shall comply with TMC 18.58.160.F. [Ord. 2741 §4 (part), 2024] 18.58.160 Small Wireless Facility Aesthetic, Concealment, and Design Standards A. All small wireless facilities shall conform with the following general aesthetic, concealment, and design standards, as applicable: 1. Except for locations in the right-of-way, small wireless facilities are prohibited on any property containing a residential use in a residential zone; provided that where small wireless facilities are intended to be located more than 400 feet from a right-of-way and within an access easement over residential property, the location may be allowed if: a. the applicant affirms they have received an access easement from the property owner to locate the facility in the desired location; and b. the property owner where the facility will be installed has authority to grant such permission to locate the facility and related equipment at the designated location pursuant to the terms of the access easement; and c. the installation is allowed by, and consistent with, the access easement; and d. such installation will not frustrate the purpose of the easement or create any access or safety issue; and e. the location is in compliance with all land use regulations such as, but not limited to, setback requirements. 2. In the event power is later undergrounded in an area where small wireless facilities are located above ground on utility poles, the small wireless facilities shall be removed and may be replaced with a facility meeting the design standards for new poles in TMC 18.58.160.E. 3. Except for electrical meters with prior City approval, ground -mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that pole -mounted or undergrounded equipment is technically infeasible. If ground -mounted equipment is necessary, then the applicant shall submit a stealth technique plan substantially conforming to the applicable standards in TMC 18.58.160.E.3 and comply with the Americans with Disabilities Act, City construction standards, and state and federal regulations in order to provide a clear and safe passage within the public rights-of-way. Generators located in the rights-of-way are prohibited. 4. No signage, message, or identification other than the manufacturer's identification or signage required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs may be permitted as stealth technique where appropriate and safety signage as required by applicable laws, regulations, and standards is permitted. 5. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of the stealth technique requirements pursuant to TMC 18.58.160.E.3. 6. The design standards in this chapter are intended to be used solely for the purpose of concealment and siting. Nothing contained in this chapter shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would render the small wireless facility technically infeasible or otherwise have the effect of prohibiting wireless service, alternative forms of aesthetic design or concealment may be permitted that provide similar or greater protections from negative visual impacts to the streetscape. Office of the City Clerk I City of Tukwila Page 294 of 356 Return to Title B. General Pole Standards: In addition to complying with the applicable general standards in TMC 18.58.160.A, all small wireless facilities on any type of utility pole shall conform to the following general pole design requirements as well as the applicable pole specific standards: 1. The preferred location of a small wireless facility on a pole is the location with the least visible impact. 2. The City may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights- of-way when assessing proposed siting locations so as to not adversely affect the visual character of the City. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant. 3. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant's ability to provide telecommunications service in violation of 47 USC 253 and 332. 4. Replacement poles and new poles shall comply with the Americans with Disabilities Act, City construction and sidewalk clearance standards, City development standards, City ordinances, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible; comply with applicable traffic warrants; not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices); and not adversely affect the public welfare, health, or safety. 5. Replacement poles shall be located as near as possible to the existing pole, but in no event further than 10 feet from the existing pole. Compliance with the light standards in the Tukwila Infrastructure and Construction Standards Manual is required and the existing pole shall be removed. 6. Side arm mounts for antennas or equipment must be the minimum extension necessary, and for wooden poles may be no more than 12 inches off the pole, and for nonwooden poles no more than six inches off the pole. 7. The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. C. Nonwooden Pole Design Standards: In addition to complying with the applicable general standards in TMC 18.58.160.A and TMC 18.58.160.13, small wireless facilities attached to existing or replacement nonwooden poles inside or outside the right-of-way shall conform to the following design criteria: 1. All replacement poles shall conform to the City's standard small wireless facility pole design(s) published in the City's Infrastructure Design and Construction Standards Manual. The applicant, upon a showing that use or modification of the standard pole design is either technically or physically infeasible, or that the modified pole design will not comply with the City's ADA or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pole design and use the design standards as described in TMC 18.58.160.C., subsections 2 through 8. 2. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush -mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. For purposes of this section, "incompatible with the pole design" may include a demonstration by the applicant that the visual impact to the pole or the streetscape would be reduced by placing the antennas and equipment exterior to the pole. 3. The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole Office of the City Clerk I City of Tukwila Page 295 of 356 Return to Title 4. All conduit, cables, wires, and fiber must be routed internally in the pole. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment. 5. An antenna on top of an existing pole may not extend more than 6 feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so they appear as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas, which shall not require screening. To the extent technically feasible, all cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. 6. Any replacement pole shall substantially conform to the design of the pole it is replacing (including but not limited to color, shape and style) or the neighboring pole design standards utilized within the contiguous right-of-way. 7. The height of any replacement pole and antenna(s) may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height. 8. The diameter of a replacement pole shall comply with the City's setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole. D. Wooden Pole Design Standards: In addition to complying with the applicable general standards in TMC 18.58.160.A and TMC 18.58.160.6, small wireless facilities attached to existing or replacement wooden utility poles and other wooden poles inside or outside the right-of-way shall conform to the following design criteria: 1. The wooden pole at the proposed location maybe replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. 2. A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A "pole extender" as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. 3. Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the City. 4. The diameter of a replacement pole shall comply with the City's setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole or the otherwise standard size used by the pole owner. 5. All cables and wires shall be routed through conduits along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility. 6. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached. 7. Antennas shall not be mounted more than 12 inches from the surface of the wooden pole. 8. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna shall not be more than three cubic feet in volume. Office of the City Clerk I City of Tukwila Page 296 of 356 Return to Title 9. A canister antenna may be mounted on top of an existing or replacement wooden pole, which may not exceed the height requirements described in TMC 158.58.170.D.1. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole and, to the extent technically feasible, shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may install a side -mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole. 10. The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. 11. An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket. 12. All related antenna equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit that are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner. 13. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to TMC 18.58.160.A.3. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna, and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure(s) behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. 14. An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, do not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs. E. Standards for Small Wireless Facilities on New Poles in the Rights -Of -Way and Installations on Decorative Poles: In addition to complying with the applicable general standards in TMC 18.58.160.A and TMC 18.58.160.13, small wireless facilities proposed to be attached to new poles or decorative poles shall comply with following: 1. Applicability: New poles within the rights-of-way or installations on a decorative pole are only permitted if the applicant can establish that: a. The proposed small wireless facility cannot be located on an existing utility pole, electrical transmission tower, or on a site outside of the public rights-of-way such as a public park, public property, building, transmission tower or in or on a nonresidential use in a residential zone, whether by roof or building mount; and b. The proposed small wireless facility receives approval for a stealth technique design, as described in TMC 18.58.160.E.3; and c. The proposed small wireless facility also complies with the Shoreline Management Act, Growth Management Act, and State Environmental Policy Act, if applicable; and d. No new poles shall be located in a critical area or associated buffer required by the City's Environmentally Critical Areas ordinance, TMC 18.45, except when determined to be exempt pursuant to said ordinance. Office of the City Clerk I City of Tukwila Page 297 of 356 Return to Title 2. Review: An application for anew pole or installation on a decorative pole is subject to administrative review and approval or denial by the Director. 3. New Poles: All new poles shall conform to the City's standard pole design adopted in the City's Infrastructure Design and Construction Standards Manual and comply with the stealth technique design consistent with TMC 18.58.160.E.5. 4. Decorative Poles. If the applicant desires to place the small wireless facility on a decorative pole, and the City has adopted a small wireless facility standard for the decorative pole in the City's Infrastructure Design and Construction Standards Manual, then the applicant shall attempt to utilize the adopted decorative pole design. The applicant, upon a showing that using the standard decorative pole design is either technically or physically infeasible, or that a modified pole design will not comply with the city's ADA or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard decorative pole design and propose a stealth technique design consistent with TMC 18.58.160.E.5. 5. The stealth technique design shall include the design of the screening, fencing, or other concealment technique for the pole, equipment enclosure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections. a. The stealth technique design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design district, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Director otherwise approves a variation due to aesthetic or safety concerns. Any stealth technique design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other stealth technique methods include, but are not limited to, integrating the installation with architectural features or building design components; utilization of coverings or concealment devices of similar material, color, and texture—or the appearance thereof—as the surface against which the installation will be seen or on which it will be installed; landscape design; or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wires are installed internally within the structure. Further, applicant designs should, to the extent technically feasible, comply with the generally applicable design standards adopted pursuant to TMC 18.58.160.A and TMC 18.58.160.B. b. If the Director has already approved a stealth technique design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar stealth technique design, unless it can show that such stealth technique design is not technically feasible, or that such design would undermine the generally applicable design standards adopted pursuant to TMC 18.58.160.A and TMC 18.58.160.B. c. Even if an alternative location is established pursuant to TMC 18.58.160.E.1.a, the Director may determine, at the applicant's written request, that a new pole in the right-of-way is, in fact, a superior alternative based on the impact to the City, the stealth technique design, the City's Comprehensive Plan and the added benefits to the community. d. Prior to the issuance of a permit to construct a new pole or ground -mounted equipment in the right-of-way, the applicant must obtain a master lease agreement from the City to locate such new pole or ground -mounted equipment. This requirement also applies to replacement poles that are taller than the replaced pole, when the overall height of the replacement pole and the proposed small wireless facility is more than 60 feet. F. Standards for Small Wireless Facilities Attached to Cables: In addition to complying with the applicable general standards in TMC 18.58.160.A, all small wireless facilities mounted on existing cables strung between existing utility poles shall conform to the following standards: 1. Each strand -mounted facility shall not exceed three cubic feet in volume. 2. Only one strand -mounted facility is permitted per cable between any two existing poles on an existing cable. 3. The strand -mounted devices shall be placed as close as feasible to the nearest utility pole, in no event more than 10 feet from the pole unless that location is technically infeasible or is not allowed by the pole owner for safety clearance. Office of the City Clerk I City of Tukwila Page 298 of 356 Return to Title 4. No strand -mounted device shall be located in or above the portion of the roadway open to vehicular traffic. 5. Ground -mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets or required by a third party electrical service provider. 6. Pole -mounted equipment shall comply with the requirements of TMC 18.58.160.A and TMC 18.58.160.8. 7. Such strand -mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand). G. Standards for Small Wireless Facilities Attached to Existing Buildings: In addition to complying with the applicable general standards in TMC 18.58.160.A, all small wireless facilities attached to existing buildings shall conform to the following design criteria: Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme. 2. The interruption of architectural lines or horizontal or vertical reveals is discouraged. 3. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. 4. Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. 5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. 6. To the extent technically feasible, small wireless facilities shall be painted and textured to match the adjacent building surfaces. [Ord. 2765 §117, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 299 of 356 CHAPTER 18.60 DESIGN REVIEW Sections: 18.60.010 Purpose and Objectives 18.60.020 Scope and Applicability 18.60.030 Design Review Applications 18.60.040 Design Review Criteria Applicability 18.60.050 Commercial and Light industrial Design Review Criteria 18.60.060 Single -Family and Middle Housing Design Review Criteria 18.60.070 Multi -Family, Mixed -Use, Hotel, and Motel Design Review Criteria 18.60.080 Vehicular Areas and Parking Structure Design Review Criteria 18.60.090 Tukwila South Design Review Criteria 18.60.100 Commercial Redevelopment Areas 18.60.110 Expiration of Design Review Permits 18.60.010 Purpose and Objectives A. It is the purpose of this chapter to provide for the review of land development and building design to promote the public health, safety and welfare. The regulations herein provide a review process for evaluating the design and arrangement of development. These architectural and site design regulations are intended to be consistent with and implement the policies of the Tukwila Comprehensive Plan. The purposes of these design review regulations are to: 1. Foster good decision-making for development through architectural and site design within the context of the community's built and natural environmental character, scale and diversity; 2. Promote the use of appropriate scale of buildings and the configuration of open space and parking areas for development to safely and comfortably accommodate pedestrian activities; 3. Coordinate the interrelationship of buildings and public and private open space; 4. Discourage monotony in building design and arrangement, while promoting harmony among distinct building identities; and 5. Mitigate, through design and site plan measures, the visual impact of large building facades, particularly those which have high public visibility (encourage the creative use of architectural and landscape features in order to reduce the actual and perceived scale and bulk of structures). 18.60.020 Scope and Applicability A. The Director shall have the authority to approve, approve with conditions, or deny all projects submitted based on a demonstration of compliance with all of adopted guidelines referenced in this chapter, as judged by the preponderance of evidence standard. B. The Director is authorized to review projects subject to design standard review. The Director may approve, approve with conditions, modify and approve with conditions, or deny, the application for design standard review. The City shall grant design approval when the Director has determined that the applicable criteria listed in this chapter have been met by the development proposal. The Director may impose specific conditions upon the development proposal, including an increase in the standards of this title. These conditions may include, but are not limited to: restrictions on locations of structures and uses; structural restrictions that address safety, noise, light and glare, vibration, views, aesthetics, and other impacts; and increased buffering requirements, including open space, berms, fencing and landscaping. C. No changes shall be made to approved designs without Director approval and consideration of the change in the context of the entire project. D. Except for multi -family, mixed-use, hotel, and motel uses, which shall be subject to the thresholds found at TMC 18.60.070.A, all projects proposing new structures or additions to structures on a parcel or an integrated site, where the new development's floor area cumulatively exceeds 5,000 square feet, shall be required to apply for a Type 2 Design Review Permit. A building permit shall not be issued until the proposed development project has received design approval. For projects not meeting the threshold for the requirement to apply for a Type 2 Design Review Permit, compliance with the applicable design standards shall be reviewed via the development permit application. E. Any reference to the term `Board of Architectural Review' in any adopted design review guidelines or Code shall, unless otherwise stated, be understood to refer exclusively to the Director. 18.60.030 Design Review Applications A. Applications for `Design Review' permits shall be processed as Type 2 decisions, subject to the provisions of TMC 18.104. B. All applications shall meet the application submittal requirements found at TMC 18.104.060. C. The Director is authorized to request and rely upon any document, guideline, or other consideration they deem relevant or useful to satisfy the purpose and objectives of this chapter, specifically including but not limited to the following criteria. The applicant shall bear the full burden of proof that the proposed development plans satisfy all of the criteria. The Director may modify a literal interpretation of the design review criteria if, in their judgment, such modifications better implement the Comprehensive Plan goals and policies. 18.60.040 Design Review Criteria Applicability A. Commercial and Light Industrial Uses: All commercial and light industrial uses shall be evaluated using the design review criteria set forth in TMC 18.60.050, with the following exclusions: Mixed-use structures, hotels, or motels; or 2. Developments within the TSO District. B. Single -Family and Middle Housing Uses: All new single-family and middle housing dwellings shall be evaluated using the design review criteria set forth in TMC 18.60.060. C. Multi -Family, Mixed -Use, Hotel, and Motel Uses: All multi -family, mixed-use, hotel, and motel uses, as well as non-residential development in the CR zoning district, shall be evaluated using the applicable residential design review criteria set forth in TMC 18.60.070. D. Vehicular Areas and Parking Structure Design Review Criteria: The Vehicular Areas and Parking Structure Design Review Criteria set forth in TMC 18.60.080 shall be used whenever the provisions of this Title require a design review decision on proposed or modified parking structures. E. Tukwila South Design Review Criteria: The criteria found at TMC 18.60.090, as well as the guidelines contained in the Tukwila South Overlay District Design Manual or the Tukwila South Residential Design Guidelines, shall be used whenever the provisions of this Title require a design review decision on a proposed or modified development in the Tukwila South Overlay district. F. Southcenter Design Criteria: The criteria contained in the Southcenter Design Manual shall be used whenever the provisions of this title require a design review decision on a proposed or modified development in the Tukwila Urban Center districts. G. Shoreline Design Criteria. The criteria contained in the Shoreline Design Guidelines found at TMC 18.44.090 shall be used whenever the provisions of this title require a design review decision on a proposed or modified development in the Shoreline Overlay District. 18.60.050 Commercial and Light Industrial Design Review Criteria A. Relationship of Structure to Site: 1. The site should be planned to accomplish a desirable transition with streetscape and to provide for adequate landscaping and pedestrian movement. 2. Parking and service areas should be located, designed and screened to moderate the visual impact of large paved areas. 3. The height and scale of each building should be considered in relation to the site. B. Relationship of Structure and Site to Adjoining Area: 1. Harmony of texture, lines and masses is encouraged. 2. Appropriate landscape transition to adjoining properties should be provided. 3. Public buildings and structures should be consistent with the established neighborhood character. 4. Compatibility of vehicular pedestrian circulation patterns and loading facilities in terms of safety, efficiency and convenience should be encouraged. 5. Compatibility of on-site vehicular circulation with street circulation should be encouraged. C. Landscaping and Site Treatment: 1. Where existing topographic patterns contribute to beauty and utility of a development, they should be recognized, preserved and enhanced. 2. Grades of walks, parking spaces, terraces and other paved areas should promote safety, and provide an inviting and stable appearance. 3. Landscape treatment should enhance architectural features, strengthen vistas and important axis, and provide shade. 4. In locations where plants will be susceptible to injury by pedestrian or motor traffic, mitigating steps should be taken. 5. Where building sites limit planting, the placement of trees or shrubs in paved areas is encouraged. 6. Screening of service yards and other places that tend to be unsightly should be accomplished by use of walls, fencing, planting or combination. 7. In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone or gravel may be used. 8. Exterior lighting, when used, should enhance the building design and the adjoining landscape. Lighting standards and fixtures should be of a design and size compatible with the building and adjacent area. Lighting should be shielded, and restrained in design. Excessive brightness and brilliant colors should be avoided. D. Building Design: 1. Architectural style is not restricted; evaluation of a project should be based on quality of its design and relationship to its surroundings. 2. Buildings should be to appropriate scale and in harmony with permanent neighboring developments. 3. Building components such as windows, doors, eaves, and parapets should have good proportions and relationship to one another. Building components and ancillary parts shall be consistent with anticipated life of the structure. 4. Colors should be harmonious, with bright or brilliant colors used only for accent. 5. Mechanical equipment or other utility hardware on roof, ground or buildings should be screened from view. 6. Exterior lighting should be part of the architectural concept. Fixtures, standards, and all exposed accessories should be harmonious with building design. 7. Monotony of design in single or multiple building projects should be avoided. Variety of detail, form and siting should be used to provide visual interest. E. Miscellaneous Structures and Street Furniture: 1. Miscellaneous structures and street furniture should be designed to be part of the architectural concept of design and landscape. Materials should be compatible with buildings, scale should be appropriate, colors should be in harmony with buildings and surroundings, and proportions should be to scale. 2. Lighting in connection with miscellaneous structures and street furniture should meet the guidelines applicable to site, landscape and buildings. 18.60.060 Single -Family and Middle Housing Design Review Criteria A. Entrances: 1. Purpose: To ensure that entrances are easily identifiable, clearly visible, and accessible from streets, sidewalks, and common areas, to encourage pedestrian activity and enliven the street. 2. Applicability: The following standards apply to all residential building facades that face a public or private street, except those that are separated from the street by another building. 3. Standard: a. Each residential structure must have at least one main entrance fronting a public or private street, or within 10' of street facing building facade. b. Each unit with individual ground -floor entry and all shared entries must have a covered porch or stoop that is at least 25 square feet with the minimum dimension of 3'. B. Windows: 1. Purpose: To maintain a lively and active street face while increasing safety and general visibility to the public realm. 2. Applicability: the following standards apply to all building facades that face a public or private street, except those that are separated from the street by another building. 3. Standard: a. Windows shall be provided in fagades facing public or private streets, comprising at least twenty percent of the fagade area. b. Window area is considered the entire area within, but not including, the window casing, including any interior window grid. c. Windows in pedestrian doors may be counted toward this standard. d. Windows in garage doors may not be counted toward this standard. e. Open areas within covered porches may be counted toward this standard. �Oj TOTAL STREET FACING FACADE AREA CONTRIBUTING AREA C. Building Articulation: 1. Purpose: To ensure that buildings along any public or private street display the greatest amount of visual interest and reinforce the residential scale of the streetscape and neighborhood. 2. Applicability: The following standards apply to all building facades that face a public or private street, except those that are separated from the street by another building. 3. Standard: a. Horizontal street -facing facades wider than forty feet must include at least four of the following design features per fagade. At least one of these features must be used every forty feet. 1. Varied building heights 2. Use of different materials 3. Different colors 4. Building perimeter offsets minimum of 4' 5. Projecting roofs (minimum of twelve inches) 6. Recesses, minimum of 3' 7. Bay windows, must project a minimum of 1' and cover at least 10% of the facade. May project as much as 2', and cover up to 35% of the facade 8. Variation in roof materials, color, pitch, or aspect 9. Balconies, minimum of 25 square feet 10. Covered porch or patio 11. Dormers � Varied building heights Use of different materials Different colors Building perimeter offsets minimum of 4' [E� Projecting roofs (minimum of twelve inches) F Recesses, minimum of 3' Bay windows. May project as much as 2', up to 35% of the facade Variation in roof materials, color, pitch, or aspect Balconies Q) Covered porch or patio it Dormers D. Parking Facilities: 1. Purpose: To integrate parking facilities with the building and surrounding residential context, promote pedestrian -oriented environments along streets, reduce impervious surfaces, and preserve on -street parking and street tree opportunities. To minimize the visual impact of garage entrances. Garage entrances are limited as a percentage of the building facade but a single car garage is always allowed. The provision for allowing the garage door to be set back from front porches also incentivizes front porches. 2. Applicability: The following standards apply to all garage entrances that face a public or private street. 3. Standard: a. The combined width of all street -facing garage doors may be up to fifty percent (50%) of the length of the street -facing building fagade or ten feet per unit, whichever is greater. For attached housing, this standard applies to the combined length of the street -facing fagades of all units. For all other lots and structures, the standards apply to the street -facing facade of each individual building. b. Street -facing garage walls must be set back at least three feet from the primary street -facing building fagade or five feet from a covered porch. c. Garage entrances shall use materials and colors that match the residence. d. Parking structures, garages, carports, and parking areas other than driveways shall not be located between the principal structure and streets. i i i i i i i i i i i i i _FR7NT LCAT LINE cug cur STREET X= Length of street facing building facade E. Porches: 1. Purpose: To maintain a lively and active street face, reinforce the residential scale of the streetscape and neighborhood, while providing visual interest and community cohesion. 2. Applicability: The following standards apply to all residential building facades that face a public or private street, except those that are separated from the street by another building. 3. Standard: Covered porches may project eight feet into the front yard setback, measured from supporting columns. Covered porch eaves may project an additional two feet. F G VVI 1 -v11- -L Yll4 I I I I I I I I I I I I I I I II I 1 I I I I I II I I I I a� OZ a®Lm OD °LU IVE I _FR©NT LOT LIFE SIDEWALK STREET Balconies: 1. Purpose: Ability to stack balconies over porches makes structural logic and provides useful space for stacked flat and townhouse typologies. 2. Applicability: The following standards apply to all balconies in single-family and middle housing development. 3. Standard: Balconies are permitted stack over porches or other balconies. Bay Windows: 1. Purpose: Bay windows create visual interest and create usable interior square footage without increasing a building' s overall street presence. 2. Applicability: The following standards apply to all residential building facades. 3. Standard: a. Bay windows may project up to two feet into side or front yard setbacks. b. Each bay window may be up to twelve feet wide and up to sixty percent of the fagade. ICrllV4.11 CONTRIBUTING AREA H. Dormers: 1. Purpose: Dormers create visual interest and create usable interior square footage without enlarging a building's overall street presence. 2. Applicability: The following standards apply to all residential building roofs. 3. Standard: Each dormer may be up to nine feet wide and the total length of all can add up to 40% of the building length. 9'MAX 18.60.070 Multi -Family, Mixed Use, Hotel, and Motel Design Review Criteria A. Applicability: All development relating to the exterior of multifamily, mixed use, hotel, or motel projects within any zoning district other than the Tukwila Urban Center or Tukwila South Overlay shall comply with the design standards found in this section. Structures and sites, or portions of structures and sites, that consist of parking structures or areas for vehicular parking or movement, shall additionally be subject to the Vehicular Areas and Parking Structure Criteria found at TMC 18.60.080. Projects meeting at least one of the following criteria require a Type 2 Design Review permit application; for all other projects, compliance will be determined during review of development permit applications: 1. Any project that proposes alterations to existing structures with multi -family or mixed uses, when the value of the project is equivalent to or greater than 50% of the value of the existing structures proposed for alteration; or 2. Any project that proposes new structures that will contain multifamily or mixed -uses. B. Standards: 1. Transparency: Minimum ground floor transparency requirements are as follows: a. Commercial Frontages: A minimum of sixty (60) percent of the area of all ground floor facades between two (2) and eight (8) feet in height above ground level that face public streets shall be comprised of transparent doors or windows. b. Residential Frontages: A minimum of twenty-five (25) percent of the area of all walls along frontages must be comprised of transparent doors or windows. 2. Walls: Walls, other than blind walls (see TMC 18.06.072), shall continue patterns of openings and windows or, on ground floors, feature display windows. Blank walls, as defined at TMC 18.06.071, and blind walls (when no active permit application exists for an adjacent development to obscure the blind wall), shall include at least one of the following treatments that cover a minimum of sixty (60) percent of the wall's surface: a. Trellises with climbing vines or plant materials. b. Planting beds at least 5 feet wide or raised planter beds at least 2 feet wide and 3 feet long. Plant species shall be chosen that will obscure or screen 60% of the walls surface within 3 years. c. Illuminated artwork, such as mosaics or murals. d. Changed materials or textures with a minimum of 2 feet of depth. 3. Entrances: One (1) entrance is required per 75 linear feet of frontage. Walkways with a minimum width of 6 feet shall connect all entrances directly to a public sidewalk. 4. Weather Protection: All building entrances and fifty (50) percent of the area of all facades fronting along sidewalks shall provide continuous weather protection over the sidewalk. a. Weather protection may take the form of awnings, canopies, or arbors, which extend from the building facade a minimum projection of six (6) feet over the pedestrian area. Projection must be greater than eight (8) feet above sidewalk level. 5. Ground Floor Residential Uses: The following standards apply to ground floor residential uses. An applicant may design ground floor residential units to a modified specification from these standards without requesting a formal departure, provided the modification is demonstrated to meet one of the following criteria: (a) for units which are required by the underlying zoning district to be capable of being converted to commercial space, the modification provides greater customer or business access for the future commercial space, or (b) the modified design of the ground floor residential area exhibits features that mitigate the conditions of a street frontage with undesirable features such as constrained sidewalk widths or high levels of crime, and the modified design increases livability and safety for future tenants and the community. a. All residential units at ground level shall feature private entrances from the street with porches or stoops. Each porch or stoop shall be a minimum of 25 feet in area, with no dimension less than 5 feet. b. Finished floors for ground level residential uses shall be a minimum of 18 inches above adjacent sidewalk heights. c. Setback areas for ground floor residential uses that are not occupied by stoops or walkways shall be landscaped and shall include a minimum of one medium or large tree. 6. Building Facades: Street -facing facades shall include at least three of the following design features at intervals no greater than 30 feet of fagade. Buildings with glass curtain wall systems may, as an alternative to the below features, feature projecting horizontal and/or vertical mullions. a. Varied building heights. b. Window fenestration patterns or entries. c. Vertical piers or columns. d. Change in roofline form. e. Vertical elements such as landscaped trellises or art. f. Change in building height of at least 1 foot. g. Bay windows, porches, canopies, chimneys. h. Decorative cornices projecting at least 1 foot. Cornices shall extend along all frontages of the building. Changes in colors or materials. 7. Materials: The following exterior materials shall not be used unless not visible from adjacent streets, properties, or to occupants of the building or site: a. Non -mortared brick veneers. b. Reflective metal siding. c. Simulated stone with contradictory finishes, such as straight-line joints. d. Plywood panel siding. e. Plain (non -decorative) concrete block, unless on a blind wall. 8. Corners: Building corners at intersections of any existing or new streets shall feature one of the following design elements, which shall extend a minimum of 10 horizontal feet along each corner fagade: a. Corner towers, where a separate, relatively slender mass of the building rises above the height of the adjacent building mass by at least 10 feet. The corner tower shall extend a minimum of 10 horizontal feet along each corner facade. b. Projecting or recessed corner entrances, with at least 10 feet of offset. The area that is projecting or recessed shall extend a minimum of 10 horizontal feet along each corner fagade. c. Angled corners, where a fagade at least 20 feet wide faces towards the middle of the intersection. 9. Waste Disposal Areas and Loading Docks: a. All entrances to waste disposal areas, loading docks, and storage areas shall be located on a non -street facing facade, if one exists. b. Waste disposal areas visible from any non -alley street, pathway, public or private plaza, or public parking area, shall be screened with landscaping on the sides and rear and shall be surrounded by a durable wall or fence at least 6 feet high. Chain link fencing is not permitted. c. Collection points shall be located and configured such that the enclosure gate swing does not obstruct pedestrian or vehicle traffic and does not require that a hauling truck project into any non -alley street. 10. Utility Apparatus: a. Utility meters, electrical conduit and other utility apparatus shall be located in areas that are not visible from any non -alley street, pathway, public or private plaza, or public parking area, or shall be screened with landscaping or architectural features. b. Rooftop mechanical equipment shall be screened such that they are not visible from public streets or sidewalks within 300 feet of the subject property, unless from a point of view greater than 10 feet above the finished site grade of the subject property. 11. Lighting: Exterior lighting shall meet the following standards: a. Exterior walls and landscaping, if lit, shall be illuminated indirectly by concealing light features with the building or landscaping. Fagade uplighting is encouraged. b. Illumination level of 1 footcandle shall be provided in all pedestrian areas, including building entries, along walkways, parking areas, and other public areas. Stairways may feature integrated lighting elements. c. All public and residential entrances shall feature illumination. d. Lighting shall be shielded and cut off to prevent light spillover and glare on adjacent properties. e. Large areas shall be illuminated with multiple low -intensity light sources rather than single high-intensity light sources. f. Pole lights shall be no taller than 35 feet above a 36 -inch base in parking lots and traffic areas and no taller than 12 feet in pedestrian areas. g. The following outdoor lighting equipment is prohibited: (1) Lighting that flashes, chases, changes color, or changes intensity for any purpose other than serving as a safety light; and (2) Laser lighting. h. The correlated color temperature of all outdoor lighting shall be between 3000 and 6000 Kelvin with tolerance within the ANSI standards. C. Departures from Standards: As part of a Type 2 Design Review permit application, an applicant may request consideration of any architectural or site design that does not strictly comply with the design standards of this chapter. Nothing in this section prohibits an applicant from applying for a variance, pursuant to TMC 18.72. An applicant shall submit a detailed narrative that clearly articulates the reasons for seeking a departure. When considering a request for a departure, the Department shall confirm that the proposed departure meets the following evaluation standards: 1. The proposed departure does not conflict with any requirements other than those found in TMC 18.60.070; and 2. The proposed departure, if granted, would help accomplish the goals of the Comprehensive Plan to a similar or greater extent as would strict compliance with the codified standards; and 3. The proposed departure is necessary due to unique design features of the proposed site or structure; and 4. The proposed development requesting a departure has obtained a minimum of 1 development incentive point in accordance with TMC 18.47, "Development Incentive Program". 18.60.080 Vehicular Areas and Parking Structure Design Review Criteria A. Applicability: 1. In addition to the requirements in each individual zoning district and any other adopted City standards, all surface parking areas, driveways, or other areas for vehicle storage or movements within the HDR, RCC, NCC, and RC zoning districts shall be subject to TMC 18.60.080.B.1, "Vehicular Areas". 2. All proposed or modified parking structures shall be subject to TMC 18.60.080.B.2, "Parking Structures". B. Standards Vehicular Areas: a. No off-street surface parking shall be located between a building and any front property line. Surface parking lots greater than five thousand (5,000) square feet should provide clearly identifiable, lighted, and landscaped pedestrian paths that connect each aisle of parking to the building entrance or the sidewalk system. The lighting shall be pedestrian scaled. The landscaping shall consist of shrubs and groundcovers and may include trees. Pedestrian paths shall be raised to curb height when crossing streets or vehicle pathways and shall be at least six (6) feet in width through the surface parking lot to building entrance. Paths shall contain continuous landscaped areas of at least three (3) feet wide on at least one side of the path except where a pathway crosses vehicular pathways. b. Sidewalks and walkways shall continue at curb height across all drive aisles and vehicular entrances. The surface of pedestrian crossings at drive aisles or vehicular entrances shall be surfaced with decorative pavers, brick, stamped concrete, or any other material that reinforces pedestrian priority while obtaining compliance with the standards of the Americans with Disabilities Act. c. Applicants shall demonstrate that the overall design of the project and site meets the following standards for vehicular access: (1) Vehicular access points have been reduced to the minimum quantity and width possible; and (2) Vehicular access points are sited at the furthest possible location from street corners; and (3) All shared vehicular access point options with neighboring sites have been explored, and if not utilized, are incapable of being utilized due to circumstances outside of the control of the applicant or property owner; and (4) The location of all proposed vehicular access points requires the least alteration to existing features compliant with these or other Tukwila standards, including, but not limited to street trees, landscaping areas, utility infrastructure, bike facilities, and pedestrian pathways or sidewalks; and (5) The location of all proposed vehicular access points requires the fewest direct access points to or from any street designated as an arterial by the Comprehensive Plan that are possible for the proposed project. Applicants shall demonstrate that alternative, non -arterial vehicular access points are incapable of being utilized or cannot adequately serve the site, due to circumstances outside of the control of the applicant or property owner. 2. Parking Structures: a. Structured parking shall not be permitted to occupy more than 50% of any first - floor street fagade visible from a public right of way or adjacent property. All above ground structured parking shall be subject to the following standards: (1) Architectural features present on parking structures shall be consistent with exterior elements and features of the primary structure. (2) All exterior walls of parking structures, other than blind walls, shall be considered blank walls, and shall be subject to the requirements of TMC 18.60.070.B.2. 18.60.090 Tukwila South Design Criteria A. Site Planning: Site Design Concept and Site Relationships: a. Organize site design elements to provide an orderly and easily understood arrangement of buildings, landscaping, and circulation elements that support the functions of the site. b. Maintain visual and functional continuity between the development and adjacent properties where appropriate. 2. Site Design for Safety: a. Reduce the potential for conflicts between drivers and pedestrians. b. Provide building, site, and landscape designs that allow comfortable and safe navigation by employees, customers, and visitors. C. Provide lighting at building entries, along walkways, parking areas, and other public areas to enhance safety and visibility. edge. d. Avoid light trespass beyond the boundaries of the property lines. 3. Siting and Screening of Parking Areas: a. Organize site and building designs to deemphasize vehicular circulation and parking. b. Use building placement, walls, berms, and/or landscaping to create a distinct street 4. Siting and Screening of Service Areas and Mechanical Equipment: a. Reduce the visual, sound, and odor impacts of service areas from adjacent residential properties, public view and roadways through site design, building design, landscaping, and screening. b. Ensure that larger pieces of mechanical equipment are visually unobtrusive. c. Locate and/or screen roof -mounted mechanical equipment to minimize visibility from streets, trails, and adjacent properties. 5. Natural Features: a. Incorporate natural features and environmental mitigation areas such as existing topography, significant wooded areas, wetlands, and/or watercourses into the overall site plan where appropriate. b. Provide connections to existing and planned trails, open spaces, and parks per the Master Open Space and Trails Plan. 6. Pedestrian and Vehicular Circulation: a. Provide an efficient and comprehensive internal circulation system, including motorized and non -motorized access points, parking, loading, and emergency accessways. b. Create on-site pedestrian networks from streets and drives to building entrances, through parking lots to connect buildings to the street, and between sites. 7. Pedestrian Environment: a. Incorporate amenities in site design to increase the utility of the site and enhance the overall pedestrian/employee environment. b. Ensure that pedestrian amenities are durable and easy to maintain. c. Select site furnishings that complement the building and landscape design of the development. 8. Gateways: a. Designate gateways at key intersections into district and secondary gateways at major use nodes per the Tukwila South Master Plan. b. Provide special treatment at designated gateway locations. B. Building Design: Architectural Concept: a. Develop an architectural concept for structure(s) on the site that conveys a cohesive and consistent thematic or stylistic statement, and is responsive to the functional characteristics of the development. b. Reduce the apparent scale of large commercial and industrial buildings located adjacent to low density residential developments. c. Provide distinctive building corners at street intersections through the use of architectural elements and detailing and pedestrian -oriented features where possible. d. Provide prominent rooflines that contribute to the character of the area and are consistent with the type of building function and uses. 2. Building Elements and Architectural Details: a. Utilize durable, high quality building materials that contribute to the overall appearance, ease of maintenance, and longevity of the building. b. Buildings and site design should provide an inviting entry orientation. c. Colors used on building exteriors should integrate a building's various design elements or features. C. Landscape and Planting Design: 1. Landscape Design: a. Develop a landscape plan that demonstrates a design concept consistent with or complementary to the site design and the building's architectural character. b. Develop a landscape design concept that fulfills the functional requirements of the development, including screening and buffering. 2. Planting Design: a. Incorporate existing significant trees, wooded areas and/or vegetation in the planting plan where they contribute to overall landscape design. b. Select plant materials that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, maintenance needs and growth characteristics. D. Signage Design: 1. Provide signage that is consistent with the site's architectural theme. 2. Manage sign elements such as size, location and arrangement so that signs complement the visual character of the surrounding area and appear in proportion to the building and site to which they pertain. 3. Provide signage that is oriented to both pedestrians and motorists in design and placement. 4. Provide a wayfinding system within the development to allow for quick location of buildings and addresses, that coordinates with other sites and the district, where appropriate. 18.60.100 Commercial Redevelopment Areas A. Intent: The intent of this section is to create a more uniform commercial district along the Tukwila International Boulevard corridor and to better integrate mixed use or commercial developments with the adjacent neighborhoods. Development within the five identified commercial redevelopment areas that is not in accordance with the underlying zone's uses and standards may be approved by the Director if the development complies with this section. B. Eligibility and Process: Any CR or HDR zoned parcel within a Commercial Redevelopment Area (CRA) shall be permitted to aggregate with any adjacent parcel that is within the NCC or RC zoning districts. Aggregation does not require lot consolidation and may be accomplished via design review or development applications which propose multi -parcel development. The permitted uses and development standards of the subject parcel within the CRA shall be those of the adjacent RC or NCC zoning district to which the CR or HDR zoned properties are being aggregated. C. Criteria of Approval: The development shall include at least one parcel that fronts on Tukwila International Boulevard. It may include any number of additional adjacent parcels within the CRA. 18.60.110 Expiration of Design Review Permits A. A complete building permit application for a project which received an approved design review permit must be received by the Department within three (3) years from the date of the Notice of Decision of the Design Review Permit, or the approval decision of the Design Review Permit becomes null and void. Return to Title CHAPTER 18.64 CONDITIONAL USE PERMITS Sections: 18.64.010 Purpose 18.64.020 Uses Requiring a Conditional Use Permit 18.64.030 Conditional Use Permit Applications 18.64.050 Criteria 18.64.060 Expiration and Renewal 18.64.070 Revocation of Permit 18.64.080 Performance Bond and Other Security 18.64.090 Resubmittal of Application 18.64.010 Purpose A. It is the purpose of this chapter to establish review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity. The uses in this chapter may be located in any district, unless specifically not permitted, by special permission of the Hearing Examiner under such conditions as the Hearing Examiner may impose. [Ord. 2741 §4 (part), 20241 18.64.020 Uses Requiring a Conditional Use Permit A. The conditional uses listed in the specified use districts require a conditional use permit in order to locate and operate in an appropriate zone district within the City. [Ord. 2741 §4 (part), 2024] 18.64.030 Conditional Use Permit Applications A. Applications for Conditional Use Permits shall be processed as Type 3 decisions, subject to the provisions found at TMC 18.104. [Ord. 2741 §4 (part), 2024] 18.64.050 Criteria A. The following criteria shall apply in granting a conditional use permit: 1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improve- ments in the vicinity of the proposed use or in the district in which the subject property is situated; 2. The proposed use shall meet or exceed the performance standards that are required in the district it will occupy; 3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; 4. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan; 5. All measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 313 of 356 Return to Title 18.64.060 Expiration and Renewal A. A conditional use permit shall automatically expire one year after a Notice of Decision approving the permit is issued unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date a Notice of Decision approving the permit is issued. The Hearing Examiner may authorize longer periods for a conditional use permit if appropriate for the project. The Hearing Examiner may grant a single renewal of the conditional use permit if the party seeking the renewal can demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the original application for a conditional use permit was granted, which would not warrant such a renewal. No public hearing is required for a renewal of a conditional use permit. [Ord. 2741 §4 (part), 2024] 18.64.070 Revocation of Permit A. The Hearing Examiner may revoke or modify a conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representations. 2. That the use for which such approval was granted has been abandoned. 3. That the use for which such approval was granted has at any time ceased for a period of one year or more. 4. That the permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulations. 5. That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety. B. Any aggrieved party may petition the Director of Community Development in writing to initiate revocation or modification proceedings. C. Before a conditional use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting and appeals shall be the same as required by this chapter for the initial consideration of a conditional use permit application. [Ord. 2741 §4 (part), 20241 18.64.080 Performance Bond and Other Security A. A performance bond or other adequate and appropriate security may be required for any elements of the proposed project which the Hearing Examiner determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. [Ord. 2741 §4 (part), 2024] 18.64.090 Resubmittal of Application A. An application for a conditional use permit that has been denied may not be resubmitted within six (6) months from the date of the Hearing Examiner's disapproval. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 314 of 356 Return to Title CHAPTER 18.66 UNCLASSIFIED USE PERMITS Sections: 18.66.010 Purpose 18.66.020 Uses Requiring an Unclassified Use Permit (UUP) 18.66.030 Area and Dimensional Requirements 18.66.040 Unclassified Use Permit Applications 18.66.060 Criteria 18.66.070 Expiration and Renewal 18.66.080 Revocation of Permit 18.66.090 Performance Bond and Other Security 18.66.100 Resubmittal of Application 18.66.110 Normal Upkeep, Repairs and Maintenance - Replacement of Existing Structures 18.66.120 Expansion of Existing Unclassified Use - Animal Rendering Facilities 18.66.130 Performance Standards for Rendering Plants 18.66.010 Purpose A. It is the purpose of this chapter to establish procedures for the regulation of uses possessing characteristics of such unusual, large-scale, unique or special form as to make impractical their being included automatically in any class of use as set forth in the various use districts previously defined. [Ord. 2741 §4 (part), 2024] 18.66.020 Uses Requiring an Unclassified Use Permit (UUP) A. The unclassified uses listed in the specified use districts require an unclassified use permit processed as provided in this chapter. [Ord. 2741 §4 (part), 2024] 18.66.030 Area and Dimensional Requirements A. The requirements for front, rear and side yards and open spaces and landscaping applicable to the underlying zone classification in which any such use is proposed to be located shall prevail, unless specific modifications are required in granting the unclassified use permit. B. The provisions applying to height and minimum lot area and width applicable to the underlying zone classification in which any such use is proposed to be located shall prevail unless specific modifications are required in granting the unclassified use permit. [Ord. 2741 §4 (part), 2024] 18.66.040 Unclassified Use Permit Applications A. Applications for Unclassified Use Permits shall be processed as Type 4 decisions, subject to the provisions found at TMC 18.104. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 315 of 356 Return to Title 18.66.060 Criteria The City Council shall be guided by the following criteria in granting an unclassified use permit: 1. Where appropriate and feasible, all facilities shall be undergrounded. 2. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. 3. The proposed use shall meet or exceed the same standards for parking, landscaping, yards and other development regulations that are required in the district it will occupy. 4. The proposed development shall be compatible generally with the surrounding land uses. 5. The proposed development shall to the maximum extent feasible be consistent with and promote the goals, objectives, and policies of the Comprehensive Land Use Policy Plan and applicable adopted area plans. 6. The proposed unclassified use shall, to the maximum extent feasible, mitigate all significant adverse environmental impacts on public and private properties. Full consideration shall be given to: (a) alternative locations and/or routes that reduce or eliminate adverse impacts; and (b) alternative designs that reduce or eliminate adverse impacts. 7. In the event that a proposed essential public facility of a countywide or statewide nature creates an unavoidable significant adverse environmental or economic impact on the community, compensatory mitigation shall be required. Compensatory mitigation shall include public amenities, incentives or other public benefits which offset otherwise unmitigated adverse impacts of the essential public facility. Where appropriate, compensatory mitigation shall be provided as close to the affected area as possible. 8. For uses in residential areas, applicants shall demonstrate that there is no reasonable nonresidential alternative site for the use. 9. For uses in residential areas, applicants shall demonstrate that the use provides some tangible benefit for the neighborhood. 10. Secure community transition facilities shall be meet the following additional criteria: (a) No facility shall house more than four persons or the number of persons requested by DSHS after DSHS both demonstrates a need for additional beds in compliance with RCW 71.09 and it demonstrates compliance with RCW 71.09's "equitable distribution" requirements. (b) The facility shall be located in relation to transportation facilities in a manner appropriate to the transportation needs of the secure community transition facility residents. [Ord. 2741 §4 (part), 2024] 18.66.070 Expiration and Renewal A. An unclassified use permit shall automatically expire one (1) year after the date of issuance of a Notice of Decision granting approval of the application unless a building permit conforming to plans upon which the permit was granted is obtained within that period of time. An unclassified use permit shall automatically expire unless substantial construction shall be completed within two (2) years from the date of issuance of a Notice of Decision granting approval of the application, unless a renewal is granted or unless the unclassified use permit specifically provides for a period greater than two years. The City Council, may renew an unclassified use permit for a maximum period of one additional year. No more than one renewal shall be issued for any unclassified use permit. A renewal may be granted only if there have been no pertinent changes in conditions surrounding the property since the time of original approval. No public hearing is required for renewal of an unclassified use permit. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 316 of 356 Return to Title 18.66.080 Revocation of Permit A. The City Council may revoke or modify any unclassified use permit. Such revocation or modification shall be made on any one or more of the following grounds: 1. That the approval was obtained by deception, fraud, or other intentional and misleading representation; 2. That the use for which such approval was granted has at any time ceased for a period of one year or more; 3. That the use for which such approval was granted has been abandoned; 4. That the permit granted is exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law or regulation; 5. That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety. B. Any aggrieved party may petition the City Council in writing to initiate revocation or modification proceedings. C. Before an unclassified use permit may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting, and appeals shall be the same as required for the initial consideration of an unclassified use permit application. [Ord. 2741 §4 (part), 2024] 18.66.090 Performance Bond or Other Security A. A performance bond or other adequate and appropriate security maybe required by the City Council for any elements of the proposed project which the Council determines are crucial to the protection of the public welfare. Such bond shall be in an amount equal to 100% of the cost of the installation or construction of the applicable improvements. [Ord. 2741 §4 (part), 2024] 18.66.100 Resubmittal of Application A. An application for an unclassified use permit which has been disapproved by the Council cannot be resubmitted within six (6) months of the date of Council disapproval. [Ord. 2741 §4 (part), 2024] 18.66.110 Normal Upkeep, Repairs, and Maintenance; Replacement of Existing Structures A. Normal upkeep, repairs, maintenance, strengthening, or restoration to a safe condition of any building or structure being used as part of an unclassified use shall not require a new or revised unclassified use permit. The replacement of existing structures with either new structures of equivalent size and/or capacity, or with new structures which do not change the use and do not constitute an expansion or enlargement as described below, shall not require a new or revised unclassified use permit; provided that, in any event, any structure that is non -conforming by reason of its height, bulk, or setbacks shall not be re -constructed in a manner which increases the extent of the nonconformity. Nothing in this section shall modify applicable requirements that such construction work may require a building permit or other construction permits pursuant to TMC Title 16 (construction codes). [Ord. 2741 §4 (part), 2024] 18.66.120 Expansion of Existing Unclassified Use - Animal Rendering Facilities A. In addition to the structures permitted pursuant to TMC 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 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 Office of the City Clerk I City of Tukwila Page 317 of 356 Return to Title 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 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 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. 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 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. [Ord. 2741 §4 (part), 2024] 18.66.130 Performance Standards for Rendering Plants A. The following performance standards shall apply to rendering plants, in addition to the performance standards for the applicable zoning district.: 1. Any new facilities constructed at a rendering plant which will be used for storage or transmission of liquid or semi- liquid products will be protected by containment facilities capable of preventing the release of any product into surface or ground waters in the event of a spill or breakage. If more than one storage or transmission facility is protected by a containment facility, such containment facility shall be of sufficient size to contain a spill of the largest storage or transmission facility so protected. 2. Any new facilities will utilize the best feasible odor abatement control equipment and shall be designed, constructed and operated so that the new facilities will not increase the risk of odor emissions from the site. 3. The facility, including both existing and new facilities, shall comply with applicable air pollution control requirements of the Puget Sound Air Pollution Control Agency, including both procedural and substantive standards. 4. A copy of the current Spill Prevention Control and Countermeasure Plan (SPCCP) for the new facilities required by the Puget Sound Air Pollution Control Agency shall be on file with the Department. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 318 of 356 Return to Title CHAPTER 18.70 NONCONFORMING LOTS, STRUCTURES AND USES Sections: 18.70.010 Purpose 18.70.020 Construction Approved Prior to Adoption of Title 18.70.030 Substandard Lots 18.70.040 Nonconforming Uses 18.70.050 Nonconforming Structures 18.70.060 Repairs and Maintenance 18.70.070 Building Safety 18.70.080 Nonconforming Parking Lots 18.70.090 Nonconforming Landscape Areas 18.70.100 Conditional and Unclassified Uses 18.70.110 Nonconforming Adult Entertainment Establishment 18.70.120 Dedication of Property to the Public 18.70.130 Cargo Containers 18.70.010 Purpose A. It is the purpose of this chapter to establish limitations on the expansion and extension of nonconforming uses and structures which adversely affect the development and perpetuation of desirable residential, commercial, and industrial areas with appropriate groupings of compatible and related uses. [Ord. 2741 §4 (part), 2024] 18.70.020 Construction Approved Prior to Adoption of Title A. To avoid undue hardship, nothing in this title shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to adoption of this title and upon which actual building construction has been carried on in a diligent manner. Actual construction shall consist of materials in permanent positions and fastened in a permanent manner, and demolition, elimination and removal of one or more existing structures in connection with such construction; providing, that actual construction work shall be diligently carried on until the completion of the structure involved. [Ord. 2741 §4 (part), 2024] 18.70.030 Substandard Lots A. A lot which does not meet the minimum standard for average lot width and/or minimum lot area for the zone in which it is located, may still be developed, without the need for a variance, as a separate lot if the proposed use is one which is permitted in the zone, and the proposed development can comply with the remaining requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. Nothing in this subsection shall be deemed to prevent the owner of a sub -standard lot from applying for or receiving approval of variances pursuant to TMC 18.72. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 319 of 356 Return to Title 18.70.040 Nonconforming Uses A. Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC 18.06, so long as that use remains lawful, subject to the following: 1. No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this title. 2. No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title. 3. If any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located. 4. No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located; except where minor alterations are made, pursuant to TMC 18.70.050(1), TMC 18.70.060, or any other pertinent section, herein. 5. If a change of use is proposed to a use determined to be nonconforming by application of provisions in this title, the proposed new use must be a permitted use in its zone or a use approved under a Conditional Use or Unclassified Use Permit process, subject to review and approval by the Hearing Examiner and/or the City Council. For purposes of implementing this section, a change of use constitutes a change from one Permitted, Conditional or Unclassified Use category to another such use category as listed within the Zoning Code. 6. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed. [Ord. 2741 §4 (part), 2024] 18.70.050 Nonconforming Structures A. Where a lawful structure exists at the effective date of adoption of this title that could not be built under the terms of this title by reason of restrictions on area, development area, height, yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful subject to the following provisions: 1. No such structure maybe enlarged or altered in such away that increases its degree of nonconformity. Ordinary maintenance of a nonconforming structure is permitted, pursuant to TMC 18.70.060, including but not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equipment repair/replacement and weatherization. These and other alterations, additions or enlargements may be allowed as long as the work done does not extend further into any required yard or violate any other portion of this title. Complete plans shall be required of all work contemplated under this section. 2. Should such structure be destroyed by any means to an extent of more than 50% of its assessed value at time of destruction it shall not be reconstructed except in conformity with provisions of this title, except that residential structures that are nonconforming in regard to dimensional standards, critical area buffers, use or density may be reconstructed to their original dimensions and location on the lot. 3. Should such structure's physical location be changed, for any reason or any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. 4. When use of a nonconforming structure, or structure and premises in combination, ceases for 24 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of the zone in which it is located. Upon request of the owner, the City Council may grant an extension of time beyond the 24 consecutive months. 5. If a structure containing a primary use is demolished, all remaining dependent accessory structures on the parcel shall be removed, unless a primary permitted use on the site is established within one year of the demolition. A performance Office of the City Clerk I City of Tukwila Page 320 of 356 Return to Title bond or financial security equal to 150% of the cost of labor and materials required for the demolition of accessory structures shall be submitted prior to issuance of any permit granting demolition of a structure containing a primary use. 6. Residential structures and uses in existence at the time of adoption of this title shall not be deemed nonconforming in terms of any dimensional, use, or density provisions of this title. 7. In areas of potential geologic instability, coal mine hazard areas, and buffers, as defined in the Critical Areas Overlay District chapter of this title, existing structures may be remodeled, reconstructed or replaced, provided that: 18.45.120.C; The construction is subject to the geotechnical report requirements and standards of TMC 18.45.120.13 and b. The construction does not threaten the public health, safety or welfare; c. The construction does not increase the potential for soil erosion or result in unacceptable risk or damage to existing or potential development or to neighboring properties; and d. The structure otherwise meets the requirements of this chapter. [Ord. 2765 §128, 2025; Ord. 2741 §4 (part), 2024] 18.70.060 Repairs and Maintenance A. If any building is devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 25% of the current replacement value of the building. [Ord. 2741 §4 (part), 2024] 18.70.070 Building Safety A. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming building or part thereof declared to be unsafe by order of any City official charged with protecting the public safety. B. Alterations or expansion of a nonconforming use which are required by law or a public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed. [Ord. 2741 §4 (part), 2024] 18.70.080 Nonconforming Parking Lots A. Nothing contained in the Off-street Parking and Loading Regulations chapter of this title shall be construed to require a change in any aspect of a structure or facility covered thereunder including, without limitation, parking lot layout, loading space requirements and curb -cuts, for any structure or facility which existed on the date of adoption of this title. B. If a change of use takes place, or an addition is proposed, which requires an increase in the parking area by an increment less than 100%, the requirements of the Off-street Parking and Loading Regulations chapter of this title shall be complied with for the additional parking area. C. If a change of use takes place, or an addition is proposed, which requires an increase in the parking area by an increment greater than 100%, the requirements of the Off-street Parking and Loading Regulations chapter of this title shall be complied with for the entire parking area. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 321 of 356 Return to Title 18.70.090 Nonconforming Landscape Areas A. Adoption of the landscaping regulations contained in this title shall not be construed to require a change in the landscape improvements for any legal landscape area which existed on the date of adoption of this title, unless and until a change of use or alteration of the site exceeding 50% of the site's improvement value is proposed. B. At such time as a change is proposed that requires a change in the landscape improvements in accordance with TMC 18.70.090.A, submittal of a landscape plan which conforms to the requirements of this title shall be required. The Director may modify the standards imposed by this title when, in their judgment, strict compliance with the landscaping standards of this code would create substantial practical difficulties, the existing and proposed additional landscaping and screening materials together will adequately screen or buffer possible use incompatibilities, soften the barren appearance of parking or storage areas, and/or adequately enhance the premises appropriate to the use district and location of the site. [Ord. 2765 §129, 2025; Ord. 2741 §4 (part), 2024] 18.70.100 Conditional and Unclassified Uses A. A legal use does not become nonconforming because the zone in which it is located is changed to a zone which requires a conditional or unclassified use permit for the use, or because the use is changed from an allowed use to a conditional or unclassified use within the same zone; provided, however, the use may not be expanded nor may buildings be enlarged, altered or modified without first obtaining a conditional or unclassified use permit if required pursuant to requirements of TMC Chapters 18.64 or 18.66. [Ord. 2741 §4 (part), 2024] 18.70.110 Nonconforming Adult Entertainment Establishments A. Notwithstanding any other provision of this chapter, any adult entertainment use or establishment which is rendered nonconforming by the provisions of any ordinance of the City shall be terminated or discontinued within 90 days from the effective date of that ordinance. 1. The owner or operator of any adult entertainment use or establishment which is rendered nonconforming by the provisions of any ordinance of the City may appeal the 90 -day termination provision of this section by filing a notice of appeal with the City Clerk within 60 days of the effective date of this section. 2. Within ten days of receipt of a notice of appeal, the City Clerk shall schedule a hearing on the appeal before a hearing examiner. The hearing shall be no later than 20 days from the date of receipt by the City of the notice of appeal, unless extended by mutual agreement of the parties. The hearing examiner shall be the City Clerk or their designee. 3. Within ten days, excluding weekends and holidays recognized by the City, from the date of the hearing on an appeal under this section, the hearing examiner shall issue a written decision, which shall set forth the hearing examiner's findings of fact and conclusions of law. The hearing examiner shall consider the following factors and any other factors that they determine to be relevant or helpful in reaching a decision: a. The harm or hardship to the appellant caused by the 90 -day termination provision of this section; b. The benefit to the public to be gained from termination of the use; c. The nature of the leasehold or other ownership interest that an appellant may have in premises occupied by the adult entertainment use; d. Restrictions or lack of same imposed on an appellant's use of such premises by a lease or other binding agreement; e. Amounts expended by an appellant for improvements to such premises or for necessary equipment and the extent to which those amounts have been recovered through depreciation, tax savings, or whether such improvements are contemplated to be left as property of the lessor; and Office of the City Clerk I City of Tukwila Page 322 of 356 Return to Title Any clear evidence of substantial economic harm caused by enforcement of the 90 -day termination provision of this section. 4. Any appeal of the 90 -day termination provision filed pursuant to this section shall be classified as a Type 1 decision to be rendered by the Hearing Examiner pursuant to the provisions of TMC 18.104 and 18.108. [Ord. 2765 §130, 2025; Ord. 2741 §4 (part), 2024] 18.70.120 Dedication of Property to the Public A. No existing or proposed building shall become nonconforming relating to setbacks or landscaping requirements because portions of the property are dedicated to the City for frontage improvements. u.Ord. 7765 §131, 2025; Card. 2741 §4 (part), 2024] 18.70.130 Cargo Containers A. All cargo containers that have been installed in the LDR, MDR, HDR, MUO, 0, RCC, NCC, RC, RCM, TUC or CILI zones as of April 15, 2002 must either receive Type 2 special permission approval or be removed by April 15, 2003. Criteria for approval are as follows: 1. Only one cargo container will be allowed per lot. 2. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights-of-way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 3. If located adjacent to a building, the cargo container must be painted to match the building's color. 4. Cargo containers may not occupy any required off-street parking spaces. 5. Cargo containers shall meet all setback requirements for the zone. 6. Outdoor cargo containers may not be stacked. B. All containers so approved will be considered legal structures and may remain in place so long as the location and screening are not altered. If an approved cargo container is moved off a residential zoned property containing a residential use, no new container may be moved onto the property. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 323 of 356 Return to Title CHAPTER 18.72 VARIANCES Sections: 18.72.010 Purpose 18.72.020 Application Requirements 18.72.030 Criteria for Approval 18.72.040 Conditions of Approval 18.72.050 Expirations 18.72.060 Prohibited Variance 18.72.010 Purpose A. It is the purpose of this chapter to authorize, in specific cases, variances from the provisions of the land use regulatory ordinances of the City. [Ord. 2741 §4 (part), 2024] 18.72.020 Application Requirements A. Applications for Variances shall be processed as Type 3 decisions, subject to the provisions found at TMC 18.104. [Ord. 2741 §4 (part), 2024] 18.72.030 Criteria for Approval A. The Hearing Examiner shall consider all requests for variances. Variances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that the applicant has demonstrated all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. 6. The need for the variance is not the result of deliberate actions of the applicant or property owner. 7. If the proposal is a variance from the requirements of Title 19 (Sign and Visual Communication Code), the granting of such variance shall result in greater convenience to the public in identifying the business location for which a variance is sought. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 324 of 356 Return to Title 18.72.040 Conditions of Approval A. In authorizing the variance, the Hearing Examiner may attach thereto such conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter and in the public interest. [Ord. 2741 §4 (part), 2024] 18.72.050 Expirations A. A variance so authorized shall become void after the expiration of one (1) year or a longer period as specified at the time of the Hearing Examiner action, if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the Hearing Examiner may extend the period of variance authorization without a public hearing for a period not to exceed twelve (12) months upon a finding that there has been no basic change in pertinent conditions surrounding the property since the time of the original approval. [Ord. 2741 §4 (part), 2024] 18.72.060 Prohibited Variance A. Under no circumstances shall the Hearing Examiner grant a variance to permit a use not generally or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this Title in said zone. B. Under no circumstances shall the Hearing Examiner grant a variance to allow a sign type that is prohibited by the terms of Title 19 (Sign and Visual Communication Code). [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 325 of 356 Return to Title CHAPTER 18.80 AMENDMENTS TO THE COMPREHENSIVE PLAN Sections: 18.80.010 Applications to Amend the Comprehensive Plan 18.80.020 Comprehensive Plan Amendment Docket 18.80.030 Notice and Comment 18.80.040 Review Procedure for Comprehensive Plan Docket Requests 18.80.050 Decision Criteria 18.80.060 Staff Report 18.80.070 Planning Commission Recommendation 18.80.080 Council Decision 18.80.010 Applications to Amend the Comprehensive Plan A. Any interested person (including applicants, residents, City staff and officials, and staff of other agencies) may submit an application for an Amendment to the Comprehensive Plan to the Department. B. Applications for Amendments to the Comprehensive Plan shall be processed as Type 5 decisions, subject to the provisions found at TMC 18.104. [Ord. 2741 §4 (part), 2024] 18.80.020 Comprehensive Plan Amendment Docket A. Purpose: The purpose of this section is to establish procedures, pursuant to RCW 36.70A, for the review and amendment of the Comprehensive Plan. 1. The Growth Management Act, RCW 36.70A, provides that the Comprehensive Plan amendments be considered no more than once a year with limited exceptions. The Growth Management Act further provides that all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. 2. The Annual Comprehensive Plan Amendment Review Docket ("Annual Review Docket") will establish the annual list of proposed Comprehensive Plan amendments and related development regulations that the City Council determines should be included for review and consideration for any given year. 3. Placement of an amendment request on the Annual Review Docket does not mean the amendment request will be approved by the City Council. B. Emergency Changes: If either the Department or the Council determines that a proposed change is an emergency, the Department shall prepare the staff report described below and forward the proposed change to the Council for immediate consideration, subject to the procedural requirements for consideration of amendments. An emergency amendment is a proposed change or revision that necessitates expeditious action to address one or more of the following criteria: 1. Preserve the health, safety or welfare of the public. 2. Support the social, economic or environmental well-being of the City. 3. Address the absence of adequate and available public facilities or services. Office of the City Clerk I City of Tukwila Page 326 of 356 Return to Title 4. Respond to decisions by the Central Puget Sound Growth Management Hearings Board, the state or federal courts, or actions of a state agency or the legislature. C. Docket Submittal Timeline: Non -emergency applications to be considered during each year's Annual Review Docket shall be submitted by 5:00 p.m. on the first Monday of August of the preceding year. Any application received after the submittal deadline shall be considered during the following year's Annual Review Docket. . [Ord. 2741 §4 (part), 2024] 18.80.030 Notice and Comment A. The docket of proposed changes shall be posted on the Department's website. Notice shall be provided pursuant to TMC 18.104.160. [Ord. 2741 §4 (part), 2024] 18.80.040 Review Procedure for Comprehensive Plan Docket Requests A. Within the first quarter of each year, the Council will consider the following regarding whether or not to add an application to the Annual Review Docket: 1. Alignment with work plan items. 2. Budget and staff availability to complete a full review of the proposal. 3. Consistency with the City's current policies and programmatic priorities. B. The Director shall review, assess, and prepare a recommendation for each request on the Annual Review Docket based on the considerations found at TMC 18.80.040(A)(1-3). C. Following Council consideration, the Council shall take action as follows: 1. Add the proposed amendment to the Annual Review Docket; 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 and consider it as part of a future Annual Review Docket; or 3. Reject the proposed amendment. [Ord. 2741 §4 (part), 2024] 18.80.050 Decision Criteria A. The following criteria shall be used for the Planning Commission's recommendation and the City Council's decision on an application on the Annual Review Docket: 1. Is the amendment consistent with the Comprehensive Plan? 2. Does the amendment meet at least one of the following criteria: a. Eliminates conflicts between TMC and the Comprehensive Plan; or b. Accomplishes policy directives of the Councilor Administration; or c. Corrects errors in the Comprehensive Plan. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 327 of 356 Return to Title 18.80.060 Staff Report A. Prior to Planning Commission and Council consideration of any proposed amendment to the Comprehensive Plan, the Director shall prepare a report that analyzes and considers each proposal for conformance with the decision criteria detailed in TMC 18.80.050. [Ord. 2741 §4 (part), 2024] 18.80.070 Planning Commission Recommendation A. Following the public hearing, the Planning Commission will consider the decision criteria found at TMC 18.80.050 in deciding what recommendation to make to the City Council. [Ord. 2741 §4 (part), 2024] 18.80.080 Council Decision A. Following receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing on the proposal. B. The City Council shall consider the criteria found at TMC 18.80.050, as well as the recommendation of the Director and the Planning Commission, when making a decision on a proposed amendment. C. Pursuant to the decision processes found at TMC 18.108.050, the City Council shall: 1. adopt the amendment as proposed; or 2. modify and adopt the proposed amendment; or 3. reject the proposed amendment. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 328 of 356 Return to Title CHAPTER 18.82 AMENDMENTS TO DEVELOPMENT REGULATIONS Sections: 18.82.010 Application 18.82.020 Decision Criteria 18.82.030 Staff Report 18.82.030 Review Procedures 18.82.040 Council Decision 18.82.010 Application A. Any interested person (including applicants, residents, City staff and officials, and staff of other agencies) may submit an application for a text amendment to the Tukwila Municipal Code development regulations to the Department. B. Applications for Amendments to Development Regulations shall be processed as Type 5 decisions, subject to the provisions found at TMC 18.104. [Ord. 2741 §4 (part), 2024] 18.82.020 Decision Criteria A. The following criteria shall be used to review an amendment to development regulations: 1. Is the amendment consistent with the Comprehensive Plan? 2. Does the amendment meet at least one of the following criteria: a. Eliminates conflicts between TMC and the Comprehensive Plan; or b. Accomplishes policy directives of the Councilor Administration; or c. Corrects an error or errors in the TMC. [Ord. 2741 §4 (part), 2024] 18.82.030 Staff Report A. Prior to consideration of any proposed amendment, the Department shall prepare and submit to the reviewing body a staff report that addresses the following: 1. An evaluation of the application materials; 2. Impact upon the Tukwila Comprehensive Plan and Zoning Code; 3. Impact upon surrounding properties, if applicable; 4. Alternatives to the proposed amendment; and 5. Appropriate code citations and other relevant documents. B. The Department's report shall transmit a copy of the application for each proposed amendment, any written comments on the proposals received by the Department, and shall contain the Department's recommendation on adoption, rejection, or deferral of each proposed change. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 329 of 356 Return to Title 18.82.040 Review Procedures A. The following shall apply to processing a text amendment to development regulations: 1. The City Council shall decide whether the Council shall review or reject the amendment, or direct the Planning Commission to review the amendment. 2. If the Planning Commission is directed to review the amendment, the Planning Commission shall, after considering the amendment at a public hearing, vote and forward a written recommendation to the City Council. 3. The Planning Commission's written recommendation shall be presented to the City Council unchanged and accompanied by an Informational Memorandum that includes any staff proposed changes to the Planning Commission's recommendation. If any of staff's proposed changes are substantively different from the Planning Commission's recommendation, the City Council may remand the changes to the Planning Commission before proceeding further with action on the amendment. 4. At least one public hearing shall be held prior to the City Council acting on an amendment. The public hearing may be held before the Planning Commission or the City Council, or both. 18.82.050 Council Decision A. The City Council may: 1. Adopt the amendment as proposed; or 2. Modify and adopt the proposed amendment; or 3. Forward to the Planning Commission for further proceedings; or 4. Deny the proposed amendment. [Ord. 2741 §4 (part), 2024] [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 330 of 356 Return to Title CHAPTER 18.84 AMENDMENTS TO THE ZONING AND COMPREHENSIVE PLAN MAPS Sections: 18.84.010 Application 18.84.020 Review Procedures 18.84.030 Decision Criteria 18.84.040 Council Decision 18.84.010 Application A. Any interested person (including applicants, residents, City staff and officials, and staff of other agencies) may submit an application to rezone a property via an amendment to the Zoning and Comprehensive Plan Maps to the Department. B. Applications for amendments to the Zoning and Comprehensive Plan Maps shall be processed as Type 5 decisions, subject to the provisions found at TMC 18.104. [Ord. 2741 §4 (part), 2024] 18.84.020 Review Procedures A. Applications for amendments to the Zoning and Comprehensive Plan Maps shall be subject to TMC 18.80.020 through TMC 18.80.040. [Ord. 2741 §4 (part), 2024] 18.84.030 Decision Criteria A. Each determination granting or denying an amendment to the Zoning and Comprehensive Plan Maps shall be supported by written findings and conclusions, showing specifically that all of the following conditions exist or explaining why such conditions do not exist: 1. The proposed amendment to the Maps is consistent with the Comprehensive Plan; and 2. The proposed amendment to the Maps is consistent with TMC Title 18; and 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Maps; and 4. The proposed amendment to the Maps will be in the greater public interest, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. [Ord. 2741 §4 (part), 2024] 18.84.040 Council Decision A. The City Council may: 1. Adopt the rezone and map amendment; or 2. Modify the proposed rezone and map amendment; or 3. Deny the proposed rezone and map amendment. B. Action under TMC 18.84, which amends the official Zoning Map, shall require the adoption of an ordinance by the City Council pursuant to the Tukwila Municipal Code and State law. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 331 of 356 Return to Title CHAPTER 18.86 DEVELOPMENT AGREEMENTS Sections: 18.86.010 Development Agreements - Authorized 18.86.020 "Development Standards" Defined 18.86.030 Development Standards, Flexibility 18.86.040 Exercise of City Police Power and Contract Authority 18.86.050 Form — Public Hearing Required 18.86.060 Conditions of Approval 18.86.070 Recording 18.86.080 Discretionary, Legislative Act 18.86.010 Development Agreements - Authorized A. The City may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. [Ord. 2741 §4 (part), 2024] 18.86.020 "Development Standards" Defined A. For purposes of this chapter, the term "development standards" means and includes, but is not limited to: 1. Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes; 2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, or dedications; 3. Mitigation measures, development conditions, and other requirements under RCW 43.21 C; 4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; 5. Parks and open space preservation; 6. Phasing; 7. Review procedures and standards for implementing decisions; 8. A build -out or vesting period for applicable standards; and 9. Any other development requirement or procedure deemed appropriate by the City Council. [Ord. 2741 §4 (part), 2024] 18.86.030 Development Standards, Flexibility A. A development agreement shall be consistent with applicable development regulations to the fullest extent possible; provided, a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. Any approved development standards that differ from those in the Code shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval. The Office of the City Clerk I City of Tukwila Page 332 of 356 Return to Title development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the Tukwila Municipal Code. Subsequently adopted standards that differ from those of a development agreement adopted by the City as provided in this chapter shall apply to the covered development project only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases that are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes/regulations/ordinances and fire codes/ regulations/ordinances in effect when the permit is applied for. [Ord. 2741 §4 (part), 2024] 18.86.040 Exercise of City Police Power and Contract Authority A. As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the City's police power and contract authority. Accordingly, a development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. [Ord. 2741 §4 (part), 2024] 18.86.050 Form — Public Hearing Required A. Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development agreements shall be in a form and content as approved by the City Attorney. Development agreements shall be approved by ordinance or resolution and shall be subject to review and approval by the City Council after a duly noticed public hearing pursuant to RCW 36.70B.200. [Ord. 2741 §4 (part), 2024] 18.86.060 Conditions of Approval A. In approving a development agreement, conditions of approval shall at a minimum establish: 1. A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of non-residential development; 2. The expected build -out time period for the entire project and the various phases, if proposed; 3. Project phasing, if proposed, and other project -specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks; 4. Road and storm water design standards that shall apply to the various phases, if proposed, of the project; 5. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project; 6. The size and range of uses authorized for any non-residential development within the project; and 7. Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur. 8. Any other item deemed necessary by the City Council. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 333 of 356 Return to Title 18.86.070 Recording A. A development agreement shall be recorded with the real property records of the county in which the property is located pursuant to RCW 36.706.190. [bird. 2741 §4 (part), 2024] 18.86.080 Discretionary, Legislative Act A. The decision of the City Council to approve or reject a request for a development agreement shall be a discretionary, legislative act. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 334 of 356 Return to Title CHAPTER 18.88 APPLICATION FEES Sections: 18.88.010 Application Fees 18.88.020 Affordable Housing Fee Reductions 18.88.010 Application Fees A. Land use application fees and charges shall be paid at the time an application or request is filed with the City. All fees and charges shall be per the Land Use Fee Schedule most recently adopted by the City Council. [Ord. 2741 §4 (part), 2024] 18.88.020 Affordable Housing Fee Reductions A. Design review, reasonable use exception, subdivision, planned residential development, SEPA, conditional use, and shoreline permit fees, for the entitlement of dwelling units, may be reduced by the Director when requested in writing by the property owner prior to permit submittal and when all of the following conditions are met: 1. Fee reduction table. Unit Size Affordability Target Fee Reduction 2 or more bedrooms 80%2 40% 2 or more bedrooms 60%2 60% Any size 50%2 80% 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 2. If the project contains a mix of dwelling units that qualify for fee reduction per the table in subparagraph 1 above and units that do not qualify due to unit size or expense, the fee reduction shall be pro -rated to reflect the proportion of low- income units in the project. 3. If converted to market rate housing within 10 years of the issuance of the Certificate of Occupancy, the full applicable permit fees at the time of conversion shall be paid to the City. 4. If the project contains commercial tenant space that occupies more than 15% of the building, along with dwelling units that qualify for fee reduction per the table in subparagraph 1 above, the fee reduction shall be pro -rated to reflect the proportion of the total building square footage occupied by the low-income units. Commercial spaces that occupy less than 15% of the building are considered accessory and will not affect the fee reduction. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 335 of 356 Return to Title CHAPTER 18.96 ADMINISTRATION AND ENFORCEMENT Sections: 18.96.010 Administrative Responsibility 18.96.020 Interpretations 18.96.030 Review of Zoning Compliance 18.96.040 Performance Bond 18.96.050 Amount of Bond, or Equivalent 18.96.060 Change in Use 18.96.070 Record of Certificates Issued 18.96.110 Penalty 18.96.120 Other Legal Action 18.96.010 Administrative Responsibility A. The Director, as the duly authorized representative of the Mayor, is charged with the responsibility of carrying out the provisions of the zoning ordinance. They may be provided with the assistance of such other persons as the Mayor may direct. [Ord. 2741 §4 (part), 2024] 18.96.020 Interpretations A. An interpretation of this title by the Director or the Director's delegate may be requested in writing by any person or may be initiated by the Director. A decision by the Director that an issue is not subject to an interpretation request shall be final and not subject to administrative appeal. Any request for interpretation shall be a Type 2 Decision filed with the Director, accompanied by a fee according to the most recently adopted Land Use Fee Schedule. The interpretation of the Director shall be given substantial weight, and the burden of establishing the contrary shall be upon the appellant. [Ord. 2741 §4 (part), 2024] 18.96.030 Review of Zoning Compliance A. No department, official, or employee of the City shall issue an occupancy permit until there has been endorsed thereon certification of compliance with the applicable regulations of this title by the Director or their delegate. For the purposes of TMC 18.96, an occupancy permit shall mean the review and recording of zoning compliance as accomplished through the building permit and business license application procedures. [Ord. 2741 §4 (part), 2024] 18.96.040 Performance Bond A. The Department may authorize the issuance of a temporary occupancy permit conditioned upon the subsequent completion or satisfaction of unfulfilled requirements or regulations, or uncompleted development proposals. A condition for issuance of such temporary permit may be the posting with the City of a performance bond or its equivalent, to insure fulfillment of all conditions to which such permit is subject. The conditions to which such temporary occupancy permit is subject shall be listed upon the permit or attached thereto. No occupancy permit or certificate of occupancy shall be issued except as hereinabove provided. No occupancy permit shall be issued until all such conditions are satisfied. If the conditions are not satisfied within one year from the date of the deadline specified in the temporary occupancy permit, demand may be made by the City against the bond, or its equivalent, for completion and performance. Prior to such demand being given, the Director shall give ample notice to the person or persons involved. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 336 of 356 Return to Title 18.96.050 Amount of Bond, or Equivalent A. The performance bond, or equivalent, shall be in a form acceptable to the City Attorney, and represent a proportion of the fair cost estimate of the proposed development or improvement as determined by the Director, according to the following schedule: Fair Cost Estimate Amount of Bond Up to $50,000 100% of estimate $50,001 to $100,000 75% of estimate $100,001 to $250,000 50% of estimate $250,001 and over 25% of estimate [Ord. 2741 §4 (part), 2024] 18.96.060 Change in Use A. Whenever a change in use of land or structures takes place the owner of such land or structures shall be required to submit an application for an occupancy permit for the new use or structures within 15 days of the date of such change in use. Failure to do so shall be a violation of this title. [Ord. 2741 §4 (part), 2024] 18.96.070 Record of Certificates Issued A. The Director or their delegate shall circulate a request for an occupancy permit for a change in use to all City departments, and shall maintain a record of all occupancy permits issued. [Ord. 2741 §4 (part), 2024] 18.96.110 Penalty A. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to enforcement and penalties as prescribed in TMC 8.45 and the issuance of a Notice of Violation in accordance with TMC 8.45.070. [Ord. 2741 §4 (part), 2024] 18.96.120 Other Legal Action A. Nothing herein contained shall prevent the City from seeking such other legal or equitable remedies as may be available to prevent or remedy any violation. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 337 of 356 Return to Title CHAPTER 18.104 PERMIT APPLICATION TYPES AND PROCEDURES Sections: 18.104.010 Classification of Project Permit Applications 18.104.020 Consolidation of SEPA Procedures and Appeals 18.104.030 Consolidation of Permit Applications 18.104.040 Relationship to SEPA 18.104.050 Pre -application Conferences 18.104.060 Application Requirements 18.104.070 Notice of Complete Application to Applicant 18.104.080 Notice of Application - Contents 18.104.090 Notice of Application - Procedure 18.104.100 Party of Record 18.104.110 Posted Notice 18.104.120 Mailed Notice 18.104.130 Time Periods for Permit Issuance 18.104.140 Permit Cancellations 18.104.150 Revisions to Development Permit Applications After Issuance 18.104.160 Expiration of Development Permit Applications After Issuance 18.104.170 Development Permit Reactivations 18.104.180 Vesting 18.104.190 Hearing Scheduling - Notice of Hearing 18.104.200 Notice of Decision 18.104.210 Referral to Other City Departments 18.104.220 Date of Mailing 18.104.010 Classification of Project Permit Applications A. 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. (section continued on next page) Office of the City Clerk I City of Tukwila Page 338 of 356 Return to Title 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. TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Temporary Encampment Permit Revocation TMC 18.48)Director Administrative Variance for Noise — 30 days or less Director TMC 8.22.120 Any land use permit or approval issued by the City, unless specifically categorized as a As specified by ordinance Type 2, 3, 4, or 5 decision by this chapter Boundary Line Adjustment, including Lot Consolidation Director TMC 17.08 Critical Area Designation Permit TMC 18.45.050 Director Minor Modification of a Boundary Line Adjustment or Director Lot Consolidation Preliminary Approval TMC 17.08.030 Development Permit Building Official Minor Modification to PRD (TMC 18.46.130)Director Signs Director TMC 19.12.020 Tree Permit Director TMC 18.54 Wireless Communication Facility, Eligible Facilities Director (TMC 18.58) (section continued on next page) Office of the City Clerk I City of Tukwila Page 339 of 356 Return to Title 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, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS TYPE OF PERMIT DECISION MAKER NOTICING REQUIREMENTS Temporary Encampment Permit Director Type: Notice of Meeting (TMC 18.48) (TMC Section 18.48.020(E)) Cargo Container Placement Director TMC 18.50.060 Noticing not required. Code Interpretation Director TMC 18.90.010 Modification to Development Standards Director TMC 18.41.100 Parking standard for use not specified (TMC 18.56.100), and modifications to certain parking standards Director TMC 18.56.065, .070, .120, 140 Request for Landscape Modification Director TMC 18.52.120 Critical Area Tree Removal and Vegetation Clearing Director TMC 18.45.158 Shoreline Tree Permit Director TMC 18.44.060 Master Sign Program Director TMC 19.32.030 Minor Modification of a Preliminary Short Subdivision Director TMC 17.12.030 Minor Modification of a Preliminary Long Subdivision Director TMC 17.14.030 Final Long Subdivision Director TMC 17.14.050 Modification to TUC Corridor Standards Director TMC 18.28.110.0 Modification to TUC Open Space Standards Director TMC 18.28.250. D.4. d Transit Reduction to Parking Requirements Director (TMC 18.28.260.8.5.b) Wireless Communication Facility, Macro Facilities — No New Tower Director TMC.58.060 Critical Areas (except Reasonable Use Exception) Director Type: TMC 18.45 Notice of Application (TMC 18.104.080) Shoreline Substantial Development Permit* Director (TMC 18.44) Method of Notice: Design Review Director TMC 18.60.020 Posted (TMC 18.104.110) Short Subdivisions Short Subdivision Committee TMC 17.12 *Additional Notice Requirements for Administrative Planned Residential Development Short Subdivision Committee (TMC 18.46. 110) Shoreline Applications (TMC 18.104.090(2)) Binding Site Improvement Plan Subdivision Committee TMC 17.16)Short (section continued on next page) Office of the City Clerk I City of Tukwila Page 340 of 356 Return to Title 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 TYPE OF PERMIT DECISION MAKER NOTICING REQUIREMENTS Uncertain zone district boundary Hearing Examiner TMC 18.08.040 Type: Variance (TMC 18.72) Hearing Examiner TSO Special Permission Use Hearing Examiner TMC 18.41.060 Notice of Application ( 18.104.080) Conditional Use PermitTMC Hearing Examiner TMC 18.64 Notice of Hearing (TMC 18.104.190) Modifications to Certain Parking Standards Hearing Examiner (TMC 18.56) Method of Notice: Reasonable Use Exceptions under Critical Areas Ordinance Hearing Examiner (TMC 18.45.180) Posted (TMC 18.104.110) Variance for Noise in Excess of 30 Days TMC 8.22.120 Hearing Examiner & Mailed Variance from Parking Standards over 10% Hearing Examiner (TMC 18.104.120) (TMC 18.56.140) *Additional Notice Requirements for Preliminary Long Subdivision Hearing Examiner Shoreline Applications (TMC 17.14.020) (TMC 18.104.090(2)) Wireless Communication Facility, Macro Facility — New Tower Hearing Examiner TMC 18.58.070 Shoreline Conditional Use Permit* Hearing Examiner (TMC 18.44. 110) (section continued on next page) Office of the City Clerk I City of Tukwila Page 341 of 356 Return to Title 4. Type 4 Decisions are quasi-judicial decisions made by the City Council following an open record hearing. Type 4 decisions may be appealed only to Superior Court. TYPE 4 DECISIONS TYPE OF PERMIT DECISION MAKER NOTICING REQUIREMENTS Planned Residential Development (PRD), including Type: Major Modifications City Council Type: (TMC 18.46) TMC 18.82 Notice of Application TMC 18.80) & Notice of Hearing Development Agreement (TMC 18.104.080) TMC 18.104.190 Critical Area Master Plan Overlay City Council Notice of Hearing (TMC 18.104.190) (TMC 18.45.160) Notice of Application Method of Notice: TMC 18.84) Posted Site Specific Rezones, with Accompanying (TMC 18.104.110) Unclassified Use City Council & Mailed (TMC 18.66) (TMC 18.84) (TMC 18.104.120) 5. Type 5 Decisions are legislative decisions made by the City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court or the Growth Management Hearings Board. TYPE 5 DECISIONS TYPE OF PERMIT DECISION MAKER NOTICING REQUIREMENTS Comprehensive Plan Amendment Type: TMC 18.80 Notice of Application (TMC 18.104.080 and Amendments to Development Regulations TMC 18.82 City Council TMC 18.80) & Notice of Hearing Development Agreement (TMC 18.86) TMC 18.104.190 Type: Notice of Application (TMC 18.104.080 and TMC 18.84) Site Specific Rezones, with Accompanying Notice of Hearing (TMC 18.104.190) Comprehensive Plan Map Changes City Council (TMC 18.84) Method of Notice: Posted (TMC 18.104.110) Mailed (TMC 18.104.120) [Ord. 2765 §132, 2025; Ord. 2759 §3, 2025; Ord. 2745 §7, 2024; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 342 of 356 Return to Title 18.104.020 Consolidation of SEPA Procedures and Appeals A. Except as provided in TMC 21.04.280, no administrative appeals of procedural and substantive SEPA decisions shall be permitted. In any case in which an administrative appeal of a procedural or substantive SEPA decision is made, the hearing on such appeal shall be consolidated with the hearing on the merits of the underlying permit(s). [Ord. 2741 §4 (part), 2024] 18.104.030 Consolidation of Permit Applications A. Applicants shall have the right to request that all permit applications related to a single project be processed as a consolidated permit application. B. All permits included in consolidated permit applications that would require more than one Type of land use decision process, shall be processed together, including any administrative appeals, using the highest numbered land use decision Type applicable to the project application; except that decisions on Type 1 applications shall still be made by the responsible administrative agency or officer and shall not be subject to administrative review or appeal. [Ord. 2741 §4 (part), 2024] 18.104.040 Relationship to SEPA A. Land use permits that are categorically exempt from review under the State Environmental Policy Act ("SEPA") will not require a threshold determination. For all other projects, the SEPA review procedures codified in TMC 21.04 are supplemental to the procedures set forth in TMC 18.104. [Ord. 2741 §4 (part), 2024] 18.104.050 Pre -Application Conferences A. A pre -application conference shall be required prior to filing a permit application when the permit type is identified in a guidance document maintained by the department. When a pre -application conference is not required, an applicant may voluntarily request one. B. The purpose of the pre -application conference is to assist the applicant in understanding the applicable regulations, required permits, submittal expectations, and any known site constraints such as critical areas. C. The department shall schedule the pre -application conference in a timely manner once a complete request is submitted on forms provided by the department, along with any required fee set forth in the City's fee resolution, which shall be amended from time to time. Staff from other affected City departments or agencies may attend as determined necessary by the department. D. For permits that require a pre -application conference, the City will not accept an application under this chapter unless the applicant attended a pre -application conference under this section within six (6) months immediately prior to the date of application submittal. E. Applicants shall be charged a fee for the pre -application conference. If a permit application is submitted within six (6) months of the pre -application conference and the project scope remains consistent with what was presented, the pre - application fee shall be credited toward the permit application fee. F. Pre -application conferences do not vest the applicant's rights to any regulations in effect on the date of the conference. [Ord. 2759 §4, 2025; Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 343 of 356 Return to Title 18.104.060 Application Requirements A. The following standards for permit applications are established: 1. Applications shall be made by the property owner, lessee, contract purchaser, governmental agency, or by an authorized agent thereof. The Department shall not commence review of any application set forth in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications shall be considered complete upon determination by the Department that the materials submitted meet the requirements of this section and the listed application requirements on application forms made available by the Department. Except as provided in Subsection 2 of this section, all land use permit applications shall include the following: a. An application form provided by the Department and completed by the applicant. The applicant shall be allowed to file a consolidated application for all land use project permits requested by the applicant for the development proposal at the time the application is filed. b. The appropriate application and public notice mailing fee based on the official fee schedule. c. All items listed on official application forms made available by the Department for each permit. 2. The Director may waive any of the specific submittal requirements listed in this section that are determined to be unnecessary for review of an application. 3. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the Department and is sufficient for continued processing even though additional information may be required or project modifications may be subsequently undertaken. The determination of completeness shall not preclude the Department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the Department. 4. The applicant shall attest by written oath to the accuracy of all information submitted for an application. The Department shall have the authority to require the applicant to submit a title report or other proof of ownership of the property or other proof of the applicant's authority to submit an application regarding the property. [Ord. 2741 §4 (part), 2024] 18.104.070 Notice of Complete Application to Applicant A. Within 28 calendar days following receipt of a permit application, the Department shall send written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. To the extent known by the Department, the notice shall identify other agencies of local, state, regional or federal governments that may have jurisdiction over some aspect of the development proposal. B. An application shall be deemed complete under this section if the Department does not provide written notice to the applicant that the application is incomplete within the 28 -day period as provided herein. C. If the application is incomplete and the applicant submits the additional information requested by the Department, the Department shall send written notice to the applicant, within 14 days following the receipt of the additional information, whether the application is complete or what further information, specified by the Department as provided in TMC 18.104.070A, is necessary to make the application complete. An application shall be deemed complete if the Department fails to provide written notice to the applicant within such 14 -day period that the application is incomplete. D. An application shall be conclusively deemed to be complete on the Department's issuance of a notice of complete application as provided in Subsections A or C hereof, or the expiration of the time periods for issuance of such a notice as provided in Subsections B or C hereof. E. The Department shall cancel an incomplete application if the applicant fails to submit the additional information required by TMC 18.104.070A or 070C within 90 days following notification from the Department that the application is incomplete. The Department may extend this cancellation date up to 120 additional days if the applicant submits a written Office of the City Clerk I City of Tukwila Page 344 of 356 Return to Title request for an extension prior to cancellation. The request must clearly demonstrate that the delay is due to circumstances beyond the applicant's control (such as the need for seasonal wetland data) or unusual circumstances not typically faced by other applicants, and that a good faith effort has been made to provide the requested materials. F. The fact that an application is deemed complete pursuant to this section shall not, under any circumstances, prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project which is deemed necessary to a complete review of the proposed project. [Ord. 2741 §4 (part), 2024] 18.104.080 Notice of Application - Contents A. A Notice of Application shall be issued by the Department for permits as set forth in TMC 18.104 within 14 days following the Department's determination that the application is complete. B. If the Responsible Official has made a Determination of Significance (DS) under RCW 43.21 prior to the issuance of the Notice of Application, notice of the determination shall be combined with the Notice of Application. If a determination of significance (DS) has been made prior to the issuance of the Notice of Application, the Notice of Application shall also include the scoping notice required by WAC 197-11-360. C. All required Notices of Application shall contain the following information: 1. The file number. 2. The name of the applicant and the owner of the property, if different than the applicant. 3. A description of the project, the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed. 4. A statement establishing a public comment period, which shall be 14 days following the date of the Notice of Application. Public comment periods are extended for Shoreline Substantial Development Permits and for Shoreline Conditional Use Permits, as specified in RCW 90.58. 5. The procedures and deadline for filing comments, requesting notice of any required hearings, and any appeal rights. Any person may comment in writing on the application during the public comment period, and may participate by submitting either written or oral testimony, or both, at any hearings, and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application. 6. The date, time place and type of hearing, if applicable and scheduled at the time of notice. 7. The identification of all other related permits not included, to the extent known by the Department. 8. A statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation and for determining consistency with applicable City requirements. D. Additional information is required by RCW 90.58 for Notices of Application for projects which require a Shoreline Substantial Development permit. E. Except for a Determination of Significance, the Department shall not issue a threshold determination pursuant to RCW 43.21 C, and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. [Ord. 2741 §4 (part), 2U24] Office of the City Clerk I City of Tukwila Page 345 of 356 Return to Title 18.104.090 Notice of Application - Procedure A. Notice of Application shall be provided as follows: 1. For all permits that require mailed notice, as specified in the permit type tables found at TMC 18.104.010, the Notice of Application shall be processed pursuant to TMC 18.104.120. 2. For applications which require any Shoreline permit, additional notice shall be provided as required by RCW 90.58. 3. For preliminary subdivisions, additional published notice shall be provided as required by RCW 58.17.090(a). 4. The Director shall have the discretion in unusual circumstances (i.e., lengthy utility corridor or right-of-way construction projects) where posting and mailed notice would be impractical, to require the Notice of Application to be published in a newspaper of general circulation in the area where the proposal is located, in lieu of posting and mailed notice [Ord. 2741 §4 (part), 2024] 18.104.100 Party of Record A. Any person who (1) submits comments, in writing, on an application during the public comment period, (2) requests, in writing, copies of notice of any public hearing on an application (3) requests, in writing, copies of any decision on the application, (4) testifies on an application at a public hearing, or (5) who otherwise indicates, in writing, a desire to be informed of the status of the application, shall be a party of record. The applicant shall always be considered a party of record. [Ord. 2741 §4 (part), 2024] 18.104.110 Posted Notice A. Posted notice shall be provided for any permit as specified in the permit type tables at TMC 18.104.010, and as required by any section in any other Title. Posted notice for a proposal shall consist of one or more notice boards prepared and posted by the applicant as follows: 1. A single notice board shall be posted for a project. This notice board shall also be used for the posting of the Notice of Decision and any Notice of Hearing, and shall be placed by the applicant as follows unless otherwise approved by the Department: a. The notice board shall be located at the midpoint of the site street frontage or as otherwise directed by the Department for maximum visibility. b. The notice board shall be five feet inside the street property line except when the board is structurally attached to an existing building, provided that no notice board shall be placed more than five feet from the street property without approval of the Department. c. For Type 2 applications, notice boards shall be, at a minimum, 2 feet tall and 18 inches wide. They shall be installed in accordance with specifications promulgated by the Department. d. For Type 3 and 4 applications, and site specific rezones with a corresponding comprehensive plan map change, notice boards shall be at least four feet by four feet in size and shall be designed, constructed and installed in accordance with specifications promulgated by the Department. e. The top of the notice board shall be between seven to nine feet above grade f. The notice board shall be placed so that it is completely visible to pedestrians. 2. Additional notice boards may be required by the Department when: a. The site does not abut a public road; b. A large site abuts more than one public road; or c. The Department determines that additional notice boards are necessary to provide adequate public notice. Office of the City Clerk I City of Tukwila Page 346 of 356 Return to Title 3. Notice boards shall be maintained in good condition by the applicant for the duration of permit review. Neither a notice board nor its content may be removed prior to the end of an appeal period after issuance. 4. The Department shall have the discretion to determine that removal of the notice board prior to the end of the notice period, or failure to maintain it in good condition, is cause for discontinuance of review of the application until the notice board is replaced and remains in place for a specified time period. 5. An affidavit of posting shall be submitted to the Department by the applicant within 14 days following the Department's determination of completeness to allow continued processing of the application by the Department. [Ord. 2741 §4 (part), 2024] 18.104.120 Mailed Notice A. Mailed notice shall be provided for any permit as specified in the permit type tables at TMC 18.104.010, and as required by any section in any other Title. Mailed notice shall be issued by the Department within 14 days following the Department's determination of completeness as follows: 1. To owners of record of property within 500 feet of the site, and to the occupants thereof to the extent the street addresses of such properties are different than the mailing addresses of the owners. 2. To any agency or tribe which the Department may identify as having an interest in the proposal. 3. To any other party of record. B. Mailed notice shall be considered supplementary to posted notice and be deemed satisfactory despite the failure of one or more persons to receive mailed notice. [Ord. 2741 §4 (part), 2024] 18.104.130 Time Periods for Permit Issuance A. Review Periods: Final decisions by the City on Type 1, 2, 3, and 4 permits shall be issued as follows: 1. For any permit that does not require mailing or posting notice (pursuant to TMC 18.104.010): a. Within 65 calendar days from the date the Department issues the Determination of Completeness. 2. For any permit that requires mailing or posting notice (pursuant to TMC 18.104.010): a. Within 100 calendar days from the date the Department issues the Determination of Completeness. 3. For any permit that requires mailing or posting notice and a public hearing (pursuant to TMC 18.104.010): a. Within 170 calendar days from the date the Department issues the Determination of Completeness. B. The number of days an application is in review shall be calculated from the day completeness is determined, pursuant to RCW 36.70B.070, to the date a final decision is issued. The number of days includes every calendar day, but excludes the following time periods: 1. Any period from the day that the applicant has been requested in writing by any City department, agency, or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies, or provide additional information, to the day when responsive and adequate documents are submitted by the applicant. Pursuant to RCW 36.70B.070(4), within 14 days of the submittal, the Director shall determine the adequacy of the submitted information for continued review. 2. The period of time during which an environmental impact statement is being prepared following a determination of significance pursuant to RCW 43.21 C. Office of the City Clerk I City of Tukwila Page 347 of 356 Return to Title 3. The period of time during which an appeal affecting the proposal was head and decided upon. 4. Any additional period of time for administrative review agreed upon by the Department and the applicant. C. If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. [Ord. 2741 §4 (part), 2024] 18.104.140 Permit Cancellations A. Cancellation of Land Use Permits Before Issuance: Upon the passage of 90 calendar days from the date of the request, if the applicant for a land use permit fails to provide a requested correction or additional information, or fails to receive approval for an extension request, the Department shall cancel the application. A cancelled application cannot be renewed and is not entitled to a refund. To obtain a new permit, a new permit application shall be submitted along with the required submittal documents and a new fee shall be paid in accordance with the permit fee schedule adopted by resolution of the City Council, as amended. 1. Extension: The Department may extend this cancellation date up to 90 additional days if the applicant submits a written request for an extension prior to cancellation. The request must clearly demonstrate that the delay is due to circumstances beyond the applicant's control (such as the need for seasonal wetland data) or unusual circumstances not typically faced by other applicants, and that a good faith effort has been made to provide the requested materials. B. Cancellation of Development Permits Before Issuance: Upon the passage of 180 calendar days from the date of the request, if the applicant for a development permit fails to provide a requested correction or additional information, the Department shall cancel the application. A cancelled application cannot be renewed and is not entitled to a refund. To obtain a new permit, a new permit application shall be submitted along with the required submittal documents and a new fee shall be paid in accordance with the permit fee schedule adopted by resolution of the City Council, as amended. 1. Each time the Department receives responsive and adequate materials within the 180 -day time limit, the application will be extended for an additional 180 days before cancellation. [Ord. 27491 §4 (part), 2U24j 18.104.150 Revisions to Development Permit Applications After Issuance A. Major Revisions: Major revisions are defined here as: 1. Any revision that would result in a substantial change in an application's review requirements, as determined by the Director. 2. Any revision that amends the scope of an application such that the project fails to meet the application requirements found at TMC 18.104.060. B. Minor Revisions: Minor revisions are any revisions that do not meet the criteria in this section to be considered major revisions. C. Revision Process: Minor revisions to a development permit application may be submitted at any time between the date the permit is issued and the date that a final inspection is approved by the Department. Major revisions shall be submitted as new permit applications, subject to all requirements of TMC 18.104. No revisions shall be processed prior to issuance of a permit application. The Department shall require the payment of additional fees to review revisions, as adopted by resolution of the City Council in the latest Permit Fee Schedule. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 348 of 356 Return to Title 18.104.160 Expiration of Development Permit Applications After Issuance A. Development permits issued under the Washington State adopted codes and the TMC shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. 1. Inspection Extensions: The expiration date shall be extended 180 days from the date that a valid inspection is requested by the applicant. 2. Extension Requests: It shall be the responsibility of the applicant to request a permit extension. The extension shall be requested in writing and justifiable cause shall be demonstrated. The Building Official is authorized to grant a maximum of two extensions for periods not more than 180 days each. [Ord. 2741 §4 (part), 2024] 18.104.170 Development Permit Reactivations A. Expired development permits that have completed the inspection process and need only final inspection approval may be reactivated. 1. Reactivation Process: Reactivation shall require a written request from the applicant that demonstrates the criteria for reactivation are met. Fees for the review of reactivated development permits shall be at the hourly review rate, in accordance with the permit fee schedule adopted by resolution of the City Council. 2. Renewal Period: The Building Official may grant one 30 -day extension to an expired development permit for the purpose of performing a final inspection and closing out the development permit, provided not more than 90 days have passed since the permit expired. Provided no changes have been made or will be made in the plans or scope of work, the 30 -day extension commences on the date of written approval. If work required under a final inspection is not completed within the 30 -day extension period, the development permit shall expire. [Ord. 2741 §4 (part), 2024] 18.104.180 Vesting A. Type 1, 2, 3, and 4 applications shall be considered under the zoning and other land use control ordinances in effect on the date a complete application is filed meeting all of the requirements of TMC 18.104.070. The Department's issuance of a notice of complete application as provided in TMC 18.104.070A or 070C, or the failure of the Department to provide such a notice as provided in TMC 18.104.070B or 070C, shall cause an application to be deemed complete for purposes of the vested rights doctrine. B. Supplemental information required after filing of a complete application shall not affect the validity of the vesting for such application. C. Vesting of an application does not vest any subsequently required permits, nor does it affect the requirements for vesting of subsequent permits or approvals. D. A determination that an application is complete shall not be deemed to affect the requirement of the vested rights doctrine that an application is not vested if it fails to comply with the zoning and other land use control ordinances in effect at the time a complete application is filed. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 349 of 356 Return to Title 18.104.190 Hearing Scheduling - Notice of Hearing A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, the Department shall issue a Notice of Hearing on the City's website and in the newspaper of record. Notice requirements for secure community transition facilities shall be in accordance with RCW 71.09.315 as amended. In addition, at least 14 days before such hearing, the Director shall post the Notice of Hearing on any posted notice board(s) erected pursuant to TMC 18.104.110 and shall send the Notice of Hearing pursuant to TMC 18.104.120. Such Notice of Hearing shall include the following information: 1. The file number. 2. The name of the applicant. 3. A description of the project, the location, a list of the permits included in the application, and the location where the application, the staff report, and any environmental documents or studies can be reviewed. 4. The date, time, place and type of hearing. 5. The phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing. B. The Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines that such information would increase public awareness or understanding of the proposed project. [Ord. 2741 §4 (part), 2024] 18.104.200 Notice of Decision A. The Department shall provide written notice in a timely manner of the final decision on all permits. Such notice shall identify the threshold determination, if any, and the procedures for administrative appeals, if any. Notice shall be delivered to the applicant, to agencies with jurisdiction, and to all parties of record. B. Notices of Decision for Shoreline Substantial Development and Shoreline Conditional Use permits shall also comply with the requirements of RCW 90.58. [Ord. 2741 §4 (part), 2024] 18.104.210 Referral to Other City Departments A. The Department shall refer permit applications and portions of permit applications to other City departments and administrators with authority and/or expertise to review such applications. The Department shall incorporate the decisions and consider the recommendations of such other City departments and administrators in permits, approvals and recommendations issued pursuant to this Title. [Ord. 2741 §4 (part), 2024] 18.104.220 Date of Sending A. All notices issued pursuant to this chapter shall be deemed to have been issued on the date on which they are sent by the Department. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 350 of 356 Return to Title CHAPTER 18.108 DECISION PROCESSES Sections: 18.108.010 Type 1 Decision Process 18.108.020 Type 2 Decision Process 18.108.030 Type 3 Decision Process 18.108.040 Type 4 Decision Process 18.108.050 Type 5 Decision Process 18.108.010 Type 1 Decision Process A. Type 1 decisions shall be made by the City department or officer specified by ordinance. B. The Department is not required to enter findings of fact or conclusions when issuing Type 1 decisions. [Ord. 2741 §4 (part), 2024] 18.108.020 Type 2 Decision Process A. All Type 2 decisions shall be made by the Director, or in appropriate cases, the Short Subdivision Committee, pursuant to the procedures set forth in TMC 18.104. B. The Department is not required to enter findings of fact or conclusions when issuing Type 2 decisions, provided that findings of fact and conclusions are required for Shoreline permits. [Ord. 2741 §4 (part), 2024] 18.108.030 Type 3 Decision Process A. Type 3 decisions shall be made by the Hearing Examiner following an open record public hearing. Such public hearing shall be conducted in accordance with the procedures for open record public hearings specified in TMC 18.112. B. Following a public hearing on a Type 3 decision, the hearing body shall render a written decision, including findings of fact and conclusions that set forth and demonstrate the manner in which the decision is consistent with, carries out, and helps implement applicable state laws and regulations and the goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations, and other official laws, policies, and objectives of the City of Tukwila. C. Following the rendering of the written decision by the Hearing Examiner, the Department shall promptly issue a Notice of Decision pursuant to TMC 18.104.170. [Ord. 2741 §4 (part), 2024] 18.108.040 Type 4 Decision Process A. The City Council shall make Type 4 Decisions following an open record public hearing. B. Following a public hearing on a Type 4 decision, the City Council shall render a written decision, including findings of fact and conclusions that set forth and demonstrate the manner in which the decision is consistent with, carries out, and helps implement applicable state laws and regulations and the goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations, and other official laws, policies, and objectives of the City of Tukwila. C. Following the rendering of the written decision by the City Council, the Department shall promptly issue a Notice of Decision pursuant to TMC 18.104.170. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 351 of 356 Return to Title 18.108.050 Type 5 Decision Process A. Type 5 decisions shall be made by the City Council following an open record public hearing. B. Following a public hearing on a Type 5 decision, the City Council shall render a written decision, including findings of fact and conclusions that set forth and demonstrate the manner in which the decision is consistent with, carries out, and helps implement applicable state laws and regulations and the goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations, and other official laws, policies, and objectives of the City of Tukwila. C. Following the rendering of the written decision by the City Council, the Department shall promptly issue a Notice of Decision pursuant to TMC 18.104.170. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 352 of 356 Return to Title CHAPTER 18.112 PUBLIC HEARING PROCESSES Sections: 18.112.010 Rules Applicable to Public Hearings and Appeals 18.112.020 Report by Department, Notice of Hearing 18.112.030 Hearing Scheduling 18.112.040 Hearing Process - Limitations on Testimony 18.112.050 Scope of Decisions 18.112.060 Combined Public Hearing Processes - Other Agencies 18.112.010 Rules Applicable to Public Hearings and Appeals A. The provisions of this chapter shall apply to all public hearings and to all appeal hearings under this Title. The provisions of this chapter do not apply to the adoption or amendment of the Comprehensive Plan or Development Regulations, or other legislative decisions. [Ord. 2741 §4 (part), 2024] 18.112.020 Report by Department, Notice of Hearing A. When a Type 3, 4, or 5 decision has been set for public hearing, or an appeal of a Type 2 decision has been set for an open record appeal hearing, the Department shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application and shall prepare a report summarizing the factors involved and the Department's findings and recommendation, or decision, as appropriate. Attachments and appendixes to the report need not be mailed to parties, but shall be made available for inspection and copying during normal City business hours at the Department. Prior to the scheduled hearing, the report, and in the case of appeals, the Notice of Appeal submitted to the City, shall be filed with the hearing body which will conduct the hearing and copies thereof shall be mailed to all parties of record who have requested a copy thereof. B. If the Notice of Application did not identify a date for the public hearing, a Notice of Hearing shall be issued by the Department at least 14 days prior to any public hearing or open record appeal hearing under this chapter. Such Notice shall be mailed pursuant to TMC 18.104.120 and the posted notice erected pursuant to TMC 18.104.110 shall be modified to include the Notice of Hearing. C. All required Notices of Hearing shall contain the following information: 1. The file number. 2. The name of the applicant and the owner of the property, if different than the applicant. 3. A description of the project, the location, a list of the permits included in the application and the location where the application, staff report and any environmental documents or studies can be reviewed. 4. The date, time and place of the public hearing. 5. The name and telephone number of the Department staff person who can be called for further information. [Ord. 2741 §4 (part), 2024] 18.112.030 Hearing Scheduling A. Public hearings on Type 3, 4 and 5 decisions shall be scheduled by the Department to ensure that final decisions are issued within the time periods provided in TMC 18.104.130. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 353 of 356 Return to Title 18.112.040 Hearing Process - Limitations on Testimony A. To avoid unnecessary delay and to promote efficiency of the hearing process, the hearing body shall limit testimony to that which is relevant to the matter being heard, in light of adopted City policies and regulations, and shall exclude evidence and cross examination that is irrelevant, cumulative or unduly repetitious. The hearing body may establish reasonable time limits for the presentation of direct oral testimony, rebuttal testimony and argument. [Ord. 2741 §4 (part), 2024] 18.112.050 Scope of Decisions A. Any hearing body conducting a public hearing shall have the authority to approve, deny or approve with conditions a project permit application, based on the hearing body's findings of fact and conclusions. B. Said findings and conclusions shall set forth and demonstrate the manner in which the action is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the City's Comprehensive Plan, the City's Development Regulations and other applicable official laws, ordinances, rules and regulations. Any hearing body may adopt as its own, findings and conclusions recommended by the Department. C. In the event that a hearing body determines that it lacks adequate information on which to make findings of fact necessary to its decision, the hearing body may remand the project permit to the Department for additional information. [Ord. 2741 §4 (part), 2024] 18.112.060 Combined Public Hearing Processes - Other Agencies A. If requested to do so by the applicant, the Department, pursuant to RCW 36.70B.110(7), shall combine any public hearing held pursuant to this chapter with public hearings held by other agencies on the same project, so long as such joint hearing can be held within the time limits of TMC 18.104.130, unless the applicant agrees to a different hearing schedule. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 354 of 356 Return to Title Sections: 18.116.010 18.116.020 18.116.030 18.116.040 18.116.050 18.116.010 CHAPTER 18.116 APPEAL PROCESSES Processes for Permit Appeals Time for Filing Appeal Dismissal of Appeals Notice of Appeal — Contents Timely Processing Processes for Permit Appeals A. Type 1 and 2 permit decisions shall be final and conclusive unless a timely and complete appeal is filed. 1. Type 2 shoreline decisions shall be appealed to the State Shoreline Hearings Board, pursuant to RCW 90.58. 2. All other Type 1 and 2 decisions shall be appealed to the Hearing Examiner. 3. The decisions of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C. B. Type 3 permit decisions shall be final and conclusive unless a timely and complete appeal is filed. Shoreline Conditional Use permits shall be appealable only to the State Shorelines Hearings Board pursuant to RCW 90.58. 2. All other Type 3 decisions shall be appealable only to Superior Court pursuant to RCW 36.70C. C. Type 4 and 5 permit decisions shall be final and conclusive unless a timely and complete appeal is filed. 1. Type 4 decisions shall only be appealed to the Superior Court pursuant to RCW 36.70C. 2. Type 5 decisions shall be appealed to either the Superior Court or the Growth Management Hearings Board. [Ord. 2741 §4 (part), 2024] 18.116.020 Time for Filing Appeal A. Except for shoreline permits that are appealable to the State Shorelines Hearings Board, all notice of appeal of Type 1 and 2 land use decisions shall be filed within 14 calendar days from the date of issuance of the permit; provided that the appeal period shall be extended for an additional seven calendar days if the project involves any one or more of the following situations: 1. There is another agency with jurisdiction as defined in WAC 197-11-714(3). 2. The project involves the demolition of any structure or facility that is not categorically exempt under WAC 197- 11-800(2)(f) or 197-11-880. 3. The project involves a clearing or grading permit not categorically exempt under WAC 197-11 - 800 through 197-11-880. 4. A Mitigated Determination of Non -Significance was issued for the project pursuant to WAC 197-11-350. 5. A Declaration of Significance for the project has been withdrawn pursuant to WAC 197-11-360(4) and replaced by a Declaration of Non -Significance. Office of the City Clerk I City of Tukwila Page 355 of 356 Return to Title B. Any appeal from a code interpretation issued by the Director shall be filed within 14 days of the date of issuance of a final code interpretation by the Director. C. All notices of appeal of Type 1 and 2 decisions issued by City administrators shall be filed within 14 days of the date of the issuance of a final decision of a City administrator. D. Except as specifically provided in this chapter, no administrative appeals are permitted or required for Type 1, 2, 3, 4, or 5 land use decisions. [Ord. 2741 §4 (part), 2024] 18.116.030 Dismissal of Appeals A. On its own motion, or on the motion of a party, the Department or any hearing body shall dismiss an appeal for untimeliness or lack of jurisdiction. [Ord. 2741 §4 (part), 2024] 18.116.040 Notice of Appeal - Contents A. Every Notice of Appeal shall contain the following information: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 4. An appeal fee pursuant to the fee schedule. B. The Notice of Appeal shall be distributed by the Department to the body designated to hear the appeal and to parties of record pursuant to TMC 18.112.020A. [Ord. 2741 §4 (part), 2024] 18.116.050 Timely Processing A. Appeals shall be processed by the examiner as expeditiously as possible, giving appropriate consideration to the procedural due process rights of the parties. Unless a longer period is agreed to by the parties, or the examiner determines that the size and scope of the project is so compelling that a longer period is required, a prehearing conference or a public hearing shall occur within 45 days from the date the office of the hearing examiner is notified that a complete statement of appeal has been filed. In such cases where the examiner has determined that the size and scope warrant such an extension, the reason for the deferral shall be stated in the examiner's recommendation or decision. The time period may be extended by the examiner at the examiner's discretion for not more than 30 days. [Ord. 2741 §4 (part), 2024] Office of the City Clerk I City of Tukwila Page 356 of 356 Return to Title SHORELINE USE MATRIX* (Figure 18-1) P = May be permitted subject to development standards. C = May be permitted as a Shoreline Conditional Use. X = Not Allowed in Shoreline Jurisdiction. Shoreline Residential Urban Conservancy High Intensity Aquatic Environment Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer AGRICULTURE Farming and farm -related activities X X X P X X X Aquaculture X X X X X X X COMMERCIAL (1) General X X X P X P (2) P (3) Automotive services, gas (outside pumps allowed), washing, bodyand engine repair shops enclosed within a building)X X X C X C 2 X Contractors storage yards X X X C X C (2) X Water -oriented uses C P C P C P C Water -dependent uses P (4) P (5) P (4) P P (4) P P Storage P (6) P (5) P (6) P P (6) P X CIVIC/INSTITUTIONAL General X P X P X P X DREDGING Dredging for remediation of contaminated substances C (7) NA C (7) NA C (7) NA C (7) Dredging for maintenance of established navigational channel NA NA NA NA NA NA P (8) Other dredging for navigation NA NA NA NA NA NA C (9) Dredge material disposal X X X X X X X Dredging for fill NA NA NA NA NA NA X ESSENTIAL PUBLIC FACILITY (WATER DEPENDENT) P P P P P P P ESSENTIAL PUBLIC FACILITY (NONWATER DEPENDENT) 10 C C C C C C C FENCES P (11) P C (11) P C (11) P X FILL General C (12) P C (12) P C (12) P C (12) Fill for remediation, flood hazard reduction or ecological restoration P (13) P P (13) P P (13) P P (13) FLOOD HAZARD MANAGEMENT Flood hazard reduction (14) P P P P P P P Shoreline stabilization (15) P P P P P P P INDUSTRIAL (16) General X X P (3) P P (3) P (2) P (3) Animal rendering X X X C X X X Cement manufacturing X X X C X C (2) X Hazardous substance processing and handling & hazardous waste treatment and storage facilities (on or off-site) (17) X X X X X X X Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials X X X C X C (2) X Salvage and wrecking operations X X X C X C (2) X Tow -truck operations, subject to all additional State and local regulations X X X C X P (2) X Truck terminals X X X P X P (2) X Water -oriented uses X X C P C P C Water -dependent uses (17) X X P (4) P P (4) P P Return to Title SHORELINE USE MATRIX* (Figure 18-1) Shoreline Residential Urban Conservancy High Aquatic P = May be permitted subject to development standards. Intensity Environment C = May be permitted as a Shoreline Conditional Use. Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer X = Not Allowed in Shoreline Jurisdiction. MINING General X X X X X X X OVERWATER STRUCTURES (18) Piers, docks, and other overwater structures P (19) NA P (20) NA P (20) NA P (20,21) Vehicle bridges (public) P (31,4) P (31) P (31,4) P (31) P (31,4) P (31) P (31) Vehicle bridge (private) C C C C C C C Public pedestrian bridges P P P P P P P PARKING — ACCESSORY Parking areas limited to the minimum necessary to support permitted or conditional uses X P (5) X P X P X RECREATION Recreation facilities (commercial — indoor) X X X P X P (22) X Recreation facilities (commercial — outdoor) X X C (23,24) C (24) C (23,24) C (24) X Recreation facilities, including boat launching (public) P (23) P P (23,24,25) C P (23,25) P P (3) Public and private promenades, footpaths, or trails P P P (26) P P (26) P X RESIDENTIAL—SINGLE FAMILY/MULTI-FAMILY Dwelling X (27) P X P X X X Houseboats X X X X X X X Live-aboards X X X X X X P (21,28) Patios and decks P (29) P P (29) P P P X Signs (30) P P P P P P X Shoreline Restoration P P P P P P P TRANSPORTATION General C C C C C C C (3) Park & ride lots X X X C (9) X C (9) X Levee maintenance roads P (32) P (32) P (32) P (32) P (32) P (32) NA Railroad X P X X X X X UTILITIES General (10) P (4) P P (4) P P (4) P C Provision, distribution, collection, transmission, or disposal of refuse X X X X X X X Hydroelectric and private utility power generating plants X X X X X X X Wireless towers X X X X X X X Support facilities, such as outfalls P (33) P P (33) P P (33) P C (33) Regional detention facilities X X P (34) P (34) P (34) P (34) X USES NOT SPECIFIED C C C C C C C * This matrix is a summary. Individual notes modify standards in this matrix. Permitted or conditional uses listed herein may also require a shoreline substantial development permit and other permits. (1) Commercial uses mean those uses that are involved in wholesale, retail, service and business trade. Examples include office, restaurants, brew pubs, medical, dental and veterinary clinics, hotels, retail sales, hotel/motels, and warehousing. (2) Nonwater-oriented uses may be allowed as a permitted use where the City determines that water -dependent or water -enjoyment use of the shoreline is not feasible due to the configuration of the shoreline and water body. (3) Permitted only if water dependent. (4) Structures greater than 35 feet tall require a conditional use permit. (5) Permitted if located to the most upland portion of the property and adequately screened and/or landscaped in accordance with the Vegetation Protection and Landscaping section. (6) Outdoor storage within the shoreline buffer is only permitted in conjunction with a water -dependent use. (7) Conditionally allowed when in compliance with all federal and state regulations. Return to Title SHORELINE USE MATRIX* (Figure 18-1) Shoreline Residential Urban Conservancy High Aquatic P = May be permitted subject to development standards. Intensity Environment C = May be permitted as a Shoreline Conditional Use. Buffer Non -Buffer Buffer Non -Buffer Buffer Non -Buffer X = Not Allowed in Shoreline Jurisdiction. (8) Maintenance dredging of established navigation channels and basins is restricted to maintaining previously dredged and/or existing authorized location, depth and width. (9) Conditionally allowed when significant ecological impacts are minimized and mitigation is provided. (10) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative to locating the use within shoreline jurisdiction. (11) The maximum height of the fence along the shoreline shall not exceed four feet in residential areas or six feet in commercial areas where there is a demonstrated need to ensure public safety and security of property. The fence shall not extend waterward beyond the top of the bank. Chain-link fences must be vinyl coated. (12) Fill minimally necessary to support water -dependent uses, public access, or for the alteration or expansion of a transportation facility of statewide significance currently located on the shoreline when it is demonstrated that alternatives to fill are not feasible is conditionally allowed. (13) Landfill as part of an approved remediation plan for the purpose of capping contaminated sediments is permitted. (14) Any new or redeveloped levee shall meet the applicable levee requirements of this chapter. (15) Permitted when consistent with TMC 18.44.050.F. (16) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling and/or storing of finished or semi -finished goods with supportive office and commercial uses. Examples include manufacturing processing and/or assembling such items as electrical or mechanical equipment, previously manufactured metals, chemicals, light metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously prepared materials; warehousing and wholesale distribution; sales and rental of heavy machinery and equipment; and intemet data centers. (17) Subject to compliance with state siting criteria RCW 70.105 (See also Environmental Regulations, Section 9, SMP). (18) Permitted when associated with water -dependent uses, public access, recreation, flood control or channel management. (19) Permitted when the applicant has demonstrated a need for moorage and that the following alternatives have been investigated and are not available or feasible: (a) Commercial or marina moorage; (b) Floating moorage buoys; (c) Joint use moorage pier/dock. Return to Title 150' 7 F I Category IV -= 10' setback , 54' ' 18' --� Single Family/Multifamily I Residential I , -10' setback I I Type 4 Watercourse I , Ordinary High Water I Mark --- --- -- - Watercourse buffers 57th Ave South Type 1- subject to shoreline overlay Type 2-100 foot wide buffer Type 3-80 foot wide buffer Type 4-50 foot wide buffer Wetland buffers N Not to Scale Category I and II- 100 foot wide buffer Category III -80 foot wide buffer Category IV -50 foot wide buffer Figure 18-2 Sample Residential Sensitive Area Site Plan Submittal Return to Title ` v —' —•♦ 7� 1 N au � [I Special Height Exception Area: Up to Ten (10) Stories Allowed Westfield Shoppingtown Southcenter Mall I REVISED April 2012 i \I Figure 18-3 Building Height Exception Areas Special Height Exception Area: Up to Six (6) Stories Allowed Special Height Exception Area: Up to Four (4) Stories Allowed Special Height Limitation Area: Limited to No More than Six (6) Stories Westfield Shoppingtown Southcenter Mall I REVISED April 2012 i \I Figure 18-3 Building Height Exception Areas Return to Title Location and Measurement of Yards on Lots -- _ _= 1_- _ _ =-- --- _- - _`----------------- -V/ �- - -_-_ _ ----- _ --= = � -=-�j _ _ - - Yards Rear Side Q Front ® Second Front — — — Lot Lines Figure 18-4 Location and Measurement Yards on Lots Return to Title S Vertical Modulation 2 Units 2 Units Max Max Horizontal Modulation 50' Max Figure 18-5 Multi -Family Design Guideline P =Permitted (See 'IMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) Table 18-6: Land Uses Allowed by District Anyreference to Table 18-2 is understood to referto Table 18-6. See Figure 18-1 forthe Shoreline Use Matrix. Commercial Uses Emir CR HDR W MUO O RCC 0_wMIC/ NCC RC RCM C/LI LI HI MIC/ TVs TSO PRO TUC TUC TUC TUC TUC L H RC TOD P CC WP Adult Day Cares A A A A A A A P Adult Entertainment subject to location restrictions' P P P P P P P Amusement Parks C C C C C P Animal Shelters &Kennels subject to additional State &local regulations. no permit C C C C C C C required for fewer than 4 cats/dogs. Animal Veterinaries including associated temporary indoor boarding. acces s p p p p p p p p p P P P P P to an arterial required, Bed &Breakfast Lodging C P P P P no size limit specified Bed &Breakfast Lodging C C P P P not more than twelve guests5 Day Care Centers P P P P P P P P P P P P P P P P P P P Drive -In Theatres C C C C C Drive-Throughs A A A A A A A A A A42 A A Eating&Drinking Establishments P P P P P P P P P P P P P P P P P P43 Electric Vehicle Charging Stations A A A A A A A A A A A A A P P A A A A A Leve 11 &Leve 12 Electric Vehicle Charging Stations Level &battery exchange stations &rapid charging A A A A A A A P P P P P P P P A P42 A A A stations see TMC 18.50.140 Extended -Stay Hotels P P P P P P P P P Page 1 P =Permitted (See 'IMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) Commerclaluses CR HDR MUO O RCC NCC RC RCM C/LI LI HI MIC/ MIC/ TVs TSO PRO TUC TUC TUC TUC TUC L H RC TOD P CC WP Farming&Farm-Related Activities P P Greenhouses or Nurseries P P P P P P P commercial Home Occupations A A A A A A A A A A A A A A see TMC 18.50.240 Hotels P34 P P P P C C P P P P P Laundries P P P P P P commercial Laundries P P P P P P P P P P P P P P P P P P self -serve, dry cleaning, tailor, dyeing Marijuana Producers or Processors P P P19 State issued license required Marijuana Retailers P P P P19 P P State issued license required Morticians &Funeral Homes P P P P P C Motels P P P P C C P P P P P Nightclubs P P P P P P P P41 P P Offices including profe s s ional, outpatient medical/dental, P22 P P22 P P P P P P P9 P24 P P P P P P P government services, research, banking, real estate, or C10 C25 other similar uses Parking commercial &principal or primary use P7 P7 P36 P7 P7 P P P P45 P45 P45 P45 P45 Pawnbrokers / Payday Lenders C P P P P P Recreation Facilities commercial &indoor P P P P P P P P C3 P P P P P P P P maximum usable floor area of 10,000 square feet Recreation Facilities commercial&indoor C C P P P P P P P P P no usable floor area maximum Recreation Facilities CC C C P commercial &outdoor Retail General Retail &Services p P4 p p P P P P P C3 C3 P P P P P P P Page 2 P =Permitted (See 'IMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) Comm0rC111USeS CR HDR MUO O RCC NCC RC RCM C/LI LI HI MIC/ MIC/ TVS TSO PRO TUC TUC TUC TUC TUC L H RC TOD P CC WP Theaters p p p p p P P P31 P P P not including "Adult Entertainment Establishments" Vehicle Fueling Stations P P P P P P P P42 P P and typical appurtenances, including car washes Vehicle Maintenance Facilitiesp p p p p p P p P41 P not including vehicle fueling or major repair Vehicle Rental Facilities P36 P P P P P P P P P P42 P non -CDL ve hic le s Vehicle Rental Facilities P P P P P P P CDLvehicles Vehicle Sales Lots2 P P P P P P P P42 P P Vehicle Storage (no customers onsite) P does not include park -and -fly operations Continued next page Page 3 P =Permitted (See 'IMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See 'IMC 18.06.890 and TMMC 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) Land Use Designations MIC/ MIC/ TUC TUC 'IUC TUC TUC Residential Uses CR HDR MUO O RCC NCC RC RCM C/LI LI HI L H TVS TSO PRO RC TOD P CC WP Convalescent&Nursing Homes&Assisted Living Facilities P P P P P P P P P Daycare Family Home (Family Child Care Home)12 and/or Adult Family Homes A A A A A A A A A A A A A A within parcels containing two or fewer dwelling units Diversion Facilities &Diversion Interim Services Facilities U south of Strander Blvd only Domestic Shelters P P P P Dormitories C C A A A A A A A A A A A A A accessoryto permitted use Dwellings Co -living Housing" P P P P P P P P P P P P46 Dwellings P P P P P Cottage Housing Dwellings P P P P P Courtyard Apartments Dwellings Detached Single Family P P P47 P47 P47 P47 P Dwellings P P P P Detached Zero -Lot Line Units Dwellings P P P P P Duplex, Triplex or Fourplex, Fiveplexor Townhouse40 Dwellings Multi -Family (mixed-use ) P P P P P C15 P P P P P46 Dwellings P P P P P P P P46 Multi-Family(single-use) Dwellings P P P 60/a 60/a P P 60/a C15 P P P P P46c Senior Citizen Housing / Assisted Living Facility c c Dwellings P P P P P Stacked Flat Dwellings p p p p p P P P P P46 Townhouses Dwellings Accessory16 A A A A A A A Emergency Housing&EmergencyShelters 37 P P P P P P P P P P P P Garages or Carports (private) A not exceeding 1,500 square feet Page 4 P =Permitted (See TMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See 'IMC 18.06.890 and TN4C 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) Land Use Designations Residential Usesor CR HDR MUO O RCC NCC RC RCM C/LI LI HI MIG L MIC/ H TVS TSO PRO TUC RC TUC TOD 'IUC P TUC CC TUC WP Greenhouses &Storage Sheds (noncommercial) not exceeding 1,000 square feet A A A Manufactured &Mobile Home Parks " P Permanent Supportive Housing38 P P P P P P P P P P P P P P P P P P P46 Residences for Security or Maintenance Personnel A A A A A A A A A A A A A Secure Community Transition Facilities 28 U Tiny Home Villages 39 P P P P P P P P P P P P P Transitional Housing 38 P P P P P P P P P P P P P P P P P P P46 Continued next page Page 5 P =Permitted (See 'IMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See 'IMC 18.06.890 and TN4C 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) Land Use Designations CR HDR MUO O RCC NCC RC RCM C/LI LI HI MIC/ MIC/ TVS TSO PRO �TUITUC TUCTUCTUCIndus trial Uses L H RTOC P CC WP Animal Rendering U P Cargo Containers see TMC 18.50.060 A&S A&S A&S A&S A&S P P P P P A Cement Manufacturing U U U U U U Contractor Storage Yards P P P P P P Etching, Film Processing, Lithography, Printing & P P P P P P P P P Publishing Hazardous Waste Treatment &Storage Facilities (off-site) (subject to compliance with state siting criteria. See RCW C C Chapter 70.105 &TMC 21.08 Heavy Equipment Repair&Salvage P P P P P P Industrial Uses, Heavy of otherwise listed C C P C P C see TMC 18.06.452. Industrial Uses, Light of otherwise listed P P P P P P P P P43 see TMC 18.06.451 Internet Data/Telecommunication Centers P P P P P P P nufacturingand/orAssemblythat Includes: rock crushing/ asphalt or concrete batching or mixing/ C C P C P C C stone cutting/ brick manufacturing/ marble works Manufacturing, Refining or Storing: ighlyvolatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, U U U U matches, fertilizer or insecticides; except for accessory storage Medical &Dental Laboratories P P A P P P P P P P P P P Minor Expansion ofan Existing Warehouse 20 S Removal &Processing of: sand, gravel, rock, peat, blacksoil &othernatural deposits U U U U U U o etherwith associated structures Research &Development Facilities P P Sales &Rental Facilities P P P P P P P ofHeavy Machinery &Equipment so Page 6 P =Permitted (See TMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See 'IMC 18.06.890 and T N4C 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) Land Use Designations MIC/ MIC/ TUCTUCTUCIndus trial Uses CR HDR MUO O RCC NCC RC RCM C/LI LI HI LH TVS TSO PRO �TUITUC RTOC P CC WP Salvage &Wrecking Operations P49 P49 P P49 P C P49 Self -Storage Facilities P P P P P P P P P Storage (outdoor)of: materials allowed to be manufactured or handled within P P P P P P P P A facilities conformin to uses underthis chapter" Storage (outdoor) of. P P P C C anymaterials not otherwise listed. s' Tow -Truck Operations P P P P P P P subject to all additional State &local regulations Truck Terminals P P P P P P Warehouse Storage and/or Wholesale Distribution P P P P P Fa c ilitie s P P P P Continued next page Page 7 P =Permitted (See TMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See 'IMC 18.06.890 and TN4C 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) Land Use Designations CR HDR MUO O RCC NCC RC RCM C/LI LI HI NUC/M[c/ TVS TSO PRO TUC TUc TU TUC TUC Transportation, Communication, and Infrastructure Uses L H RC TOD P CC WP Airports, Landing Fields &Heliports U U U U U U U except emergency sites Hydroelectric & U U U U U U U U rivateUtilityPowerGeneratingPlants Park &Ride Lots C C A A C C C C C C C C U U U U operated bya public agency Parking Areas A A A A A A A A A A A A A A A A A A A A for anyuse not otherwise listed Parking Areas C C C C C C C C C C C C C C P for Municipal Uses &Police Stations Radio, Television, Microwave, C C C C C C C C C C C C C C C C C C C C or Observation Stations &Towers Railroad Freight or Classification Yards U U U U Railroad Tracks P P P P P P including lead, spur, loading or storage Telephone Exchanges &Internet Data Centers P P P P P P P P P P P Transfer Stations U U U U refuse &garbage, operated bya public agency Transit Facilities C C C C C P P P P P P P P P P P P P P P us and/or rail Utility Facilities C C C C C C C C C C C C C C P C C C C P above ground Utility Facilities P P P P P P P P P P P P P P P P P P P P under ground Vertical Take -Off &Landing Pads C48 C as accessoryuses Wireless Telecommunications Facilities P P P P P P P P P P P P P P P P P P P P P see TMC 18.58 Continued next page Page 8 P=Permitted (See TMC 18.06.880) A=Permitted as an accessory use (See TMC 18.06.870) C=Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S= Requires Special Penn ission Permit (Administrative approval by the Director) LandUse Designations CR HDR MUO O RCC NCC RC RCM C/LI Ll HI MIC/ MIC/ TVS TSO PRO TUC TUC TUC TUC TUC Civic &Institutional Uses L H RC TOD P CC WP Cemeteries &Crematories C C C C C C C C C C Colleges &Universities C C C C C C C C C6 C6 C6 P P P P Convention &Exhibition Facilities P P P P P P P P P42 P including Multipurpose Arenas Correctional Institutes Ulf U U U Cultural Facilities including Libraries, Museums, Art Galleries, Performing Arts C P P P C P P P P P P P P P P P P P Centers Fire &Police Stations C C C C C C C C C C C C C C P C C C P P Golf Courses P ubliclyowned&operated Hospitals C C C C C C C C P Parks, Trails, Community Centers, Sports Courts not including Amusement Parks, Golf Courses, or P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 Commercial Recreation P44 Religious Institutions C C P P P P P P P P P P P P P P P P less than 750 sfofassembly area Religious Institutions C C C C C C C C C C C C C C C C C C greaterthan 750 sfofassemblyarea Sanitariums C or s im ilar in s titute s Schools C C C C C C C C CIO C P44 P P P publicor private, elementary through high school C Page 9 P =Permitted (See TMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) Land Use Designations MIC/ MIC/ TUC TUC TUC TUC TUC Miscellaneous Uses CR HDR MUO O RCC NCC RC RCM C/LI LI HI L H TVs TSO PRO RC TOD P CC WP Essential Public Facilities not otherwise listed U U U U U U U U U U U U U U U U U U U U Landfilling &Excavating which has received a Determination of Significance U U U U U U U U U U U U U U ursuant to the State Environmental Policy Act Stables _F] A29 A29 P private [Vote: Foruses not specifically listed in Table 18-6, the Director of Community Development will determine whetherthe use maybe permitted in a zoning district. The Director shall consider whether the proposed use is: Et. Similar in nature to and compatible with other uses permitted outright within a similar zone; and b. Consistent with the stated purpose ofthe zone; and c. Consistent with the policies ofthe Tukwila Comprehensive Plan. 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 Citylimits: (1) In orwithin 1,000 feet of any CR, HDR, MUO, O, NCC, RC, RCMorTUC zone districts or any other residentially -zoned property; (2) In orwithin 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, pre schools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail orpublic recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in this section shallbe measured byfollowinga straight line from the nearestpoint ofthe property parce I upon which the proposed use is to be located, to the nearest point ofthe parcel ofproperty or land use district boundaryline from which the proposed land use is to be separated. C. No adult entertainment establishment shallbe allowedto locate within 1,000 feet ofan existing adult entertainment establishment. The distance specified in this section shallbe measured byfollowinga straight line between the nearest points ofpublic entryinto each establishment. 2. No dismantling ofcars or travel trailers or sale ofused parts allowed. 3. Retail sales and services are limited to uses of type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. Retail sales as part of planned mixed-use development whereat least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g. drive-ins, service stations). Bed and breakfast facilities, provided: a. the manager/owner must live on-site, b. the maximum number ofresidents, eitherpermanent or temporary, at anyone time is twelve, two on-site parking spaces forthe owner and permanent residents and one additional on-site parking space is provided for each bedroom rented to customers, Page 10 P =Permitted (See 'IMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See 'IMC 18.06.890 and TMC 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) d. the maximum length of continuous staybya guest is 14 days, e. breakfast must be offered on-site to customers, and f. allnecessarypermits orapprovals are obtained from the Health Department. 6. Colleges and universities with primarilyvocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. Commercial parking; provided it is: a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted bythe parking use; or b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 9. Offices including, but not limited to, software development and similar uses, financial services, schools forprofessional and vocational education ifassociated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education ifassociated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 11. Correctional institution operated bythe CityofTukwila. 12. Family child care homes, provided the facility shall be licensed bythe Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 15. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed-use development that is non -industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 16. See TMC Section 18.50.220 for accessory dwelling unit standards. 17. Manufactured/mobile home park, meetingthe following requirements: a. the development site shallcomprise not less than two contiguous acres; b. overall development densityshallnot exceed eight dwellingunits peracre; C. vehicular access to individual dwelling units shallbe from the interior ofthe park; and d. emergencyaccess shallbe subjectto the approvalofthe Tukwila Fire Department. 19. Where the underlying zoning is HI orTVS. 20. Minor expansion of an existing warehouse ifthe following criteria are met: a. The area ofthe proposed expansion may not exceed 5% of the floor area of the existing warehouse; and b. The proposed expansion will not increase anybuilding dimension that is legallynon-conforming; and C. Onlyone minor expansion maybe permitted per warehouse inexistence as of the date of adoption of the Tukwila South Project Development Agreement; and d. The proposed expansion must be constructed within two years ofthe date ofapproval; and e. The proposed development shallbe compatible generallywith the surrounding land uses in terms oftraffic and pedestrian circulation, building and site design; and f Allmeasures have been taken to minimize the possible adverse impacts the proposed expansion mayhave on the area in which it is located. 22. Offices, when such offices occupyno more than the first two stories of the building or basement and floorabove. 24. Offices; must be associated with another permitted use (e.g., administrative offices fora manufacturing companypresent within the NUC). 25. Offices not associated with otherpermitted uses and excludingmedical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) Newoffice developments shallnot exceed 100,000 square feet ofgross floor area per lot that was legally established priorto 09/20/2003. (2) No new offices shallbe allowed on lots that abut the Duwamish River and are north ofthe turningbasin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. Page 11 P =Permitted (See TMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) b. An existingoffice development established priorto 12/11/1995 (the effective date ofthe Comprehensive Plan)thatexceeds the maximum size limitations maybe recognized as a conforming Conditional Use underthe provisions ofthis code. An existingoffice development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) mayconvert to a stand-alone office use subject to the provisions ofthis code. 28. Secure community transition facility, subject to the following location restrictions: a. No secure communitytransition facility shall be allowed within the specified distances from the followinguses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet ofanyresidential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of "risk potential activity/facility"as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (i) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from anyexisting secure community transitional facilityor correctional institution. No secure community transition facilityshallbe allowed on anyisolated parcelwhich is otherwise considered eligible byapplyingthe criteria listed underTMC 18.38.050-12.a, but is completely surrounded byparcels ineligible forthe location ofsuch facilities. The distances specified in TMC 18.38.050-12.a shallbe measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is byfollowing a straight line from the nearest point ofthe propertyparcel upon which the secure community transitional facilityis to be located, to the nearest point ofthe parcel ofpropertyor land use district boundaryline from which the proposed land use is to be separated. d. The parcels eligible forthe location ofsecure community transition facilities byapplyingthe sitingcriteria listed above and information available as ofAugust 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Anychanges in the development pattern and the location ofrisk sites/facilities overtime shallbe taken into consideration to determine ifthe proposed site meets the siting criteria at the time ofthe permit application. 29. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from aside or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total oftwo ofthe above mentioned animals shallbe allowed on the same lot. 31. Theaters for live performances, not including adult entertainment establishments and movie theaters with three or fewer screens are permitted. Movie theaters with more than three screens will require a Special Permission Permit. Approval ofthe Special Permission permit will require the applicant to demonstrate through an economic analysis that the theater: a. will not have a significant financial impact on any other theater in Tukwila; and b. will be compatible generallywith the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; and c. willbe substantiallyin conformance with the goals and policies ofthe Comprehensive Land Use Policy Plan and the Tukwila South MasterPlan; d. has taken all measures to minimize the possible adverse impacts the proposed theater mayhave on the area in which it is located. 34. Permitted if the following are provided: a full-service restaurant and a Class Aliquor license, 24-hour staffed reception, all rooms accessed offinterior hallways or lobby, and a minimum 90 rooms. 36. South ofSR518 only. No surface parking. 37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270. 38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270. 39. TmyHome Villages are permitted, subject to the criteria and conditions at TMC Sections 18.50.240 and 18.50.270. Page 12 P =Permitted (See 'IMC 18.06.880) A=Permitted as an accessoryuse (See TMC 18.06.870) C=Requires a ConditionalUse Permit (See TMC 18.06.875 and TMC 18.64) U=Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66) S=Requires Special Permis sion Permit (Administrative approvalbythe Director) 40. Subject to meeting underlying density allowances forunit type. 41. Newbusinesses are limited to locations within the FreewayFrontage Corridor. See additional design standards in the Southcenter Design Manual. 42. East ofthe Green River only. 43. 3,500 sfmaxperuse. 44. Public only. 45. Dayuse only. 46. Only on properties frontingthe Green River orMmklerPond. 47. One detached single family dwelling per existing lot permitted in MUO, O, RCC, TVS. 48. South of SR 518 only. 49. Operations must be entirely enclosed within a building. 50. Screening in accordance with TMC 18.52 required. 51. Permitted up to a height of20 feet with a front yard setback of25 feet, and to a height of50 feet with a front yard setback of 100 feet. Securityrequired. 52. Permitted only on parce is for which the underlying zoning district permits 6 or greater dwelling units. Page 13 All Uses Figure 18-7: Minimum Automobile and Bicycle Parking Requirements Within Half a Mile from a Major Transit Stop' Greater than Half a Mile from a Major Transit Stop' Residential Uses which: • Meet the definition of affordable (RCW 36.70A.030); or • Limit occupancy to senior citizens or those with disabilities; or • Meet the definition of Accessory Dwelling Units; or • Are permitted as emergency or permanent supportive housing; or • Meet the definition of Co -Living Housing; or • Contain less than 1,200 sf of interior livable floor area. Residential Uses which: • Do not meet one of the criteria above; and • Meet the definition of middle housing or multi -family housing. Residential Uses which: • Do not meet one of the criteria above; and • Meet the definition of single-family housing. Commercial and Industrial Uses which: • Serve alcohol for on-site consumption; or • Contain less than 3,000 sf of usable floor area (UFA); or • Are childcare uses, such as commercial daycares. All Other Commercial and Industrial Uses which: • Do not require conditional or unclassified use permits All Uses which: • Do not require conditional or unclassified use permits; and • Will be sited within existing buildings that are proposed for new occupancy or change of use; or • Are permitted as accessory uses; or • Are Transportation, Communication, and Infrastructure Uses; or • Are Civic and Institutional Uses. None None 1 vehicle parking space dwelling unit 2 vehicle parking spaces dwelling unit None 1 vehicle parking space 1000 sf of UFA None The provision of parking may be All Other Uses which: required as a condition of • Require conditional or unclassified use permits approval to mitigate potential transportation impacts. See TMC 18.56 for Off -Street Parking and Loading Regulations. Nothing in this table exempts new construction from compliance with the requirements for parking spaces permanently marked for the exclusive use of individuals with disabilities, in compliance with the Americans with Disabilities Act. 'See TMC 18.06.556, "Major Transit Stop". Residential Uses: 1 space / dwelling unit 1 space/ 20 dwelling units Colleges, Universities, or Schools Civic and Cultural Facilities and Institutional Religious Institutions Uses: Fire & Police Stations Hospitals with on-site Commercial customers Uses: no on-site customers Industrial Uses with: habitual transportation demands Transportation Facilities which: are not an accessory use 3 spaces / classroom 1 space / 4,000 sf of UFA 1 space / 5,000 sf of UFA 1 space / 4,000 sf of UFA 1 space / classroom 1 space / 2,000 sf of UFA 2 spaces / facility 1 space/ 10,000 sf of U FA 1 space / 5,000 sf of UFA 1 space / 1,000 sf UFA 1 space / 5,000 sf of UFA 1 space/ 10,000 sf of U FA 1 space / 5,000 sf of UFA 1 space / 20,000 sf of U FA 20 spaces / facility 10 spaces / facility The provision of bicycle parking may be required as a All Other Uses: condition of approval to mitigate potential transportation impacts. See TMC 18.56.130 for bicycle parking standards. 'Any fraction shall be rounded up to the nearest whole number. 2The Director shall have the discretion to reduce the amount of required secure bicycle parking if it can be demonstrated that the occupancy of the use will be limited to a group that is less likely to travel by bicycle. The age of occupants does not, on its own, serve to demonstrate this. 3The Director, in consultation with the Director of Public Works, shall have the discretion to require more bicycle parking spaces based on the following factors: Area topography; pattern and volume of expected bicycle users; nearby residential and employment density; proximity to a trails system and other existing and planned bicycle facilities; projected transit ridership and expected access to transit by bicycle; and other relevant transportation and land use information. Return to Title 12"x18" Sign with International smbol of access T-0" to 5-0" above grade * International symbol of - access painted on paving Firm stable (paved) surface sloping not more than 1:48 * Walkway stripes painted on surface to discourage parking violation Parking For The Handicapped TMC 18.56.080 "Van Accessible" Sign below international symbol 16 feet min van space Paved walkway to building entrance 13 feet min Figure 18-8 Parking for The Handicapped Return to Title S 128 ST 63 S135 Zoning Designations LDR-Low Density Residential MDR -Medium Density Residential HDR -High Density Residential O -Office MUO-Mixed Use Off -ice NCC -Neighborhood Commercial Center RC -Regional Commercial C/LI-Commercial/Light Industrial Tukwila City Limits IMCommercial Redevelopment Areas Dimensions are approximate ��i: � unn� it �'■: -_ p_ � ►•_ � 1 1� man ��� lila A■ _, �� Its /� �u.�• .W 1`n.'.1116w .W .o 11 1 �1111111� il.'zl�u� i. ■ 1 Iltllllllll i= �� � %1 If used for commercial /:..• air_ �L purposes must be assembled 39 ST with lot to north 40 ST 206, Ingo' V ST ©96,development parcels 11 perimeter must front on 148 ST Tukwila International Blvd S 148 ST S 150 ST 9 154 ST , 128' L 0 ---{�_ Cl) s 1sa s 400- ' Q� F" 195• a 9y No Scale J '1019 E{ o! 5 , Commercial Redevelopment Areas in the Tukwila International Boulevard Corridor Figure 18-9 Return to Title Seattle ,______ ,_ Unincorporated King County Burien aeaTac City of Tukwila Zoning Map ®m® Illlllli nnu,•.. % . Zoning Districts and Overlays CR - Community Residential HDR - High Density Residential MUO - Mixed Use Office _t - 0 - Office SR -51 E 0 RICC - Residential Commercial Center NCC - Neighborhood Commercial Center RC - Regional Commercial District RCM - Regional Commercial Mixed -Use C/LI - Commercial/Light Industrial LI - Light Industrial HI - Heavy Industrial MIC/L- Manufacturing Industrial Center (Light) 0 MIC/H - Manufacturing Industrial Center (Heavy) TVs I -Tukwila Valley South TUC -P - Pond TUC -RC - Regional Center ® TUC -CC - Commercial Corridor TUC -WP - Workplace TUC-TOD - Transit Oriented Development Tukwila South Overlay ® Urban Renewal Overlay ® Manufacturing Ind. Center Overlay ® Public Recreation Overlay Potential Annexation Area I 0UfI center BI Figure 18-10 Unincorporatec" King County n / 0 0.5 1 Mi Created 4/9/2025 1 1 1 1 Return to Title Figure 18-11 °•e _a_a,.__.,..-�,,,,�°, Eligible Parcels for Location of °•° Secure Community Transition Facility LAI am st • C 9, l,.a. s..a.a_�..A,M r i 7't qit ♦ l! " i i7 in t _i3._t._ gE♦ r % �\� �; gl 491 i.124 C L � ♦ west r � ■i l �--•r' t 'I.m � isaug � �r� `� � W,a ��, zf, � �, s- Le end ,4 9 Tukwila City Limits S133St. v Y�%�1111� Eligible Parcels . < ,� S j q Return to Title Legend ------ MIC Boundary MIC/H Parcels Ineligible for new stand alone office uses 9 13 'm Figure 18-12 MICIH Parcels Ineligible for Stand -Alone Office Uses Return to Title Figure 18-13 HOUSING OPTIONS PROGRAM STANDARDS Housing Types • Cottages. • Compact single-family. • Duplexes designed to look like a single-family home or with zero lot lines for fee simple ownership; and included with at least one other housing type in a proposed development (the other housing type may be traditional single- family). • A combination of the above types. Unit Size Limits • Cottages = 800 square feet minimum and 1,000 square foot maximum floor A covenant restricting any increases in area. unit size after initial construction shall • Compact single-family = 1,500 square foot maximum floor area. be recorded against the property. • Duplexes = 1,500 square foot maximum floor area per unit. • Side yard setbacks are waived so that these homes may be sold on fee simple lots. Equivalent Units • Cottages = two per each single-family unit that could be built on an existing There is no minimum lot size, but there lot, or a maximum of one unit for every 3,250 net square feet. is a maximum project density. • Compact single family = one and one-half per each single-family unit that The number of allowable dwelling units could be built on the lot, or a maximum of 4,875 net square feet. shall be totalled for each of the existing • Duplexes = overall development not to exceed one and one-half times the lots in order to determine equivalent number of single-family units that could be built on the lot, or a maximum of units. 4,875 net square feet. Existing single-family homes may • Rounding up to the next whole number of equivalent units is allowed when remain on the subject property and will the conversion from typical single-family units to equivalent units results in a be counted as units in the equivalent fraction of one-half or above. unit calculation. Locations • All LDR, MDR & HDR districts, but not within 1,500 feet of another housing options proposal under review or approved under TMC Chapter 18.120. Floor Area • Variety in building sizes and footprints is required. Access Requirements • Determine flexibility for road widths, public versus private, and turnaround requirements with input from Public Works and Fire Departments. Development Size • Minimum of 8 units, maximum of 36 units. • Cottages may have a maximum of 12 units per cluster. Parking Requirements • 1.5 stalls per unit for units 800 to 1,000 square feet in size. • 2 stalls per unit for units over 1,000 square feet in size. Building Coverage • 35 Ownership Structure • Subdivision • Condominium Distance Between Structures • 10 feet minimum Common Open Space for cottages and • Provide required area according to Recreation Space Requirements (TMC projects of 20 or more homes. 18.52.060) (1). Exceptions to Floor Area Limitations • Spaces with a ceiling height of 6 feet or less measured to the exterior walls, such as in a second floor area under the slope of the roof. • Unheated storage space located under the main floor of a cottage. • Architectural projections, such as bay windows, fireplaces or utility closets not greater than 18 inches in depth and 6 feet in width. • Detached garages and carports. • Attached roofed porches. Accessory Dwelling Units m Shall not be allowed as part of this Housing Options Program. Return to Title 4 N Access Rwerton}. �� �-- Foster: Thornd ke ,�����;McMicken I 'f / ;Heights;; S 160 St U) ♦ / II / S 164 St 16 /Imo• ! ;�♦ /e !, /♦ m c f.l Y' 16MIA Hill P¢y Figure 18-14 Tukwila Neighborhoods Point Baker Strander Blvd LU m a Return to Title ® Commercial Redevelopment Areas s Urban Renewal Overlay District Tukwila International Blvd Urban Renewal Overlay District Figure 18-15 Return to Title Figure 18-16: District Map Districts Commercial Corridor Pond Regiona I Center Transit Oriented Development. oN i t� Workplace �y S 56th •�•• Southcenter Plan Boundary ,4 -- E ans Bl ac r � 1 7'I 1 Bak BI s I 1 a '1 z S an er Ivd � Tr s GMS Cor orate r g Blvd e Co orate Minkler8lVd Mi ler d ; Ian nr ! 4 r ialan Dr n nstuo ❑r r -� Tr an Dr 'I i� 178 y ale Park D Dry �11 N Return to Title Figure 18-17: Block face length LU n m BLOCK FACE LENGTH M � r Z V rn C/i I' - LU STREET m Figure 18-18: Corridor Definition of Terms BACK OF SIDEWALK �, � 4 BACK OF SIDEWALK i CURB CDRB1 PRIVATE V PUBLIC THOROUGHFARE PUBLIC PRIVATE FRONTAGE FRONTAGE \ FRONTAGE FRONTAGI STREET Return to Title Figure 18-19: Corridor Type Map Corridor L �'1Commercial Corridor li N Freeway Frontage Corridor" t� �•�Future Commercial Corridor Neighborhood Corridor _ t c. Future Neighborhood Corridor �••�• Pedestrian Walkway Tukwila Pond Esplanade f�"f�"`��• k�Wla.Rlcv�yr.-��•�= !` Urban Corridor Mi ler jvd Future Urban Corridor =F Walkable Corridor Evans Blacl�pr V �••�• Future Walkable Corridor ' 1 al Workplace Corridor Baker Blvd Y c �••�• Future Workplace Corridor a 1 fsn Strander iii �f 1 It Treck Dr 'i i; S 168th St o` a 465 03JA f ` i ....5 op al e P ark D Dr 56th St 5 Longacres WaY ur) orate [fir N li N Wg Blvd Co�oraie�rS-� !` Minkler Blvd, I, Mi ler jvd ' 1 i � 1 _ tJ land Dr Midland Dr ( V� Costco Dr +f ' m t£ .......... Triland Dr li ;Il A } i i ....5 op al e P ark D Dr 56th St 5 Longacres WaY Return to Title Figure 18-20: Walkable Corridor Standards Note: This is a summary of key corridor standards. See 18.28.120 to .210 for supplemental details. THOROUGHFARE • • • • I Existing street No change New street Public frontage only BUILDING •' • Total required 15 ft width Required Sidewalk width 15 ft minimum 10 ft Landscaping Street trees, located at back of curb face. Also see 18.28.240 Front yard landscaping (waived if General Landscaping. Tree spacing 20-30 ft, depending on species. Lighting Pedestrian and vehicular -scale decorative street lighting. BUILDING •' • LANDSCAPING./ •/ Building orientation to street Required Frontage building coverage minimum 65% Front yard setback maximum 10 ft On-site surface parking locations Side or rear of building Front yard landscaping (waived if 15 ft min of Public Frontage improvements are streetscape built to standard) 6atk of sidt.vtk Street tree r 5pac.ng: 20-3{Y min. Public frontage i i i i i di BUILDING Cl of —i i i i ?55°,ti of lot frontage S -T 11 1 Frontage building coverage minimum Facade articulation increment Commercial / mixed-use maximum 30 ft Residential maximum 30 ft Major vertical modulation maximum 120 ft Transparenq 75% min Ground level transparency ,Artiouiaoon 30' max —�z Commercial -use minimum 75% Facade articulation and ground level transparency Return to Title Figure 18-21: Pedestrian Walkway Corridor Standards Note: This is a summary of key corridor standards. see 18.28.120 to .210 for supplemental details. Existing street j n/a New pedestrian See new cross-section walkway Total required 20-30 ft width Landscaping Street trees, along outside edges of walkway. Also see 18.28.240 General Landscaping. Tree spacing 20-30 ft, depending on species. Lighting Pedestrian -scale decorative street lighting. BUILDING •' • LANDSCAPING (See •/ •/ Building orientation walkway Not required Front yard setback minimum 0 ft On-site surface parking locations Front, side or rear of building Front yard landscaping (waived if Public Frontage improvements are built to standard) Required, except where buildings are adjacent to walkways Fa5ade articulation increment Commercial/mixed-use maximum 30 ft Residential maximum 30 ft Major vertical modulation 120 ft maximum Ground level transparency Commercial -use minimum 75 #BACK OF SIDEWALKY I I I I I 20'-310' PEDESTRIAN WALKWAY Thoroughfare cross-section Transparencl 75% min Facade articulation and ground level transparency Return to Title Figure 18-22: Tukwila Pond Esplanade Standards Note: This is a summary of key corridor standards. See 18.28.120 to .210 for supplemental details. • • • • 4/ Existing streets n/a New esplanade See new cross-section Total required 25 ft width minimum Landscaping Street trees in grates, except where buildings are adjacent to esplanade. Also see 18.28.240 and 18.28.250 Open Space Regulations. Lighting Pedestrian -scale decorative street lighting. Building orientation to esplanade I Required Frontage building coverage 65% minimum Front yard setback maximum 0 ft On-site surface parking locations Permitted rear of building. Fa5ade articulation increment Commercial/mixed-use maximum 30 ft Residential maximum 30 ft Major vertical modulation 120 ft maximum Ground level transparency Commercial -use minimum 175% POND PROPERTY UNE r BACK OF SIDEWALK �'� • �. '� WANAIM. Transpareflq 75°-.. min i 2s' ESPIANDE Thoroughfare cross-section I I I wl BUILDING •�I 76: —I i --------------- ,65% of lot frontage STRrI Frontage building coverage Facade articulation and ground level transparency ' These standards are not applicable until the City invests in design & construction of the esplanade (in part or in its entirety). In addition, for those properties bordering the esplanade that are already developed with structures and improvements oriented away from the pond and esplanade, the Corridor Standards will be applied only when a complete redevelopment of the property is proposed. Return to Title Figure 18-23: Neighborhood Corridor Standards APPLIED TO: Existing Streets: Andover Park E. (Tukwila Pkwy to Trek Christensen), Trek Dr, Industry Dr, Minkler (Andover Park E.), to River, Wig Dr, Bauch Dr, Nelson PI, S. 156th St New Streets: As indicated on Corridor Type Map Note: This is a summary of key corridor standards. See 18.28.120 to .210 for supplemental details. THOROUGHFARE• • 4/ Existing street No change New street See new cross-section Total required 15 ft; 10 ft on Minkler width minimum Residential maximum Landscaping Street trees, located at back of curb face. On streets/ open spaces Minkler, trees in a continuous landscaped strip Front yard setback a minimum of 5 ft wide located at back of curb minimum face. Also, see 18.28.240 General Landscaping. Tree spacing 20-30 ft, depending on species. Lighting Pedestrian and vehicular -scale decorative street lighting. BUILDING ORI ENTATION/PLACEMLANDSCAPING Commercial/mixed-use maximum .i •0 Residential maximum Building orientation to Required streets/ open spaces Ground level transparency Front yard setback 15 ft minimum On-site surface parking Side or rear of building. locations Street Front: 1 double -loaded aisle of parking between building and primary street (maximum 63 ft in width). z Front yard landscaping 15 ft of streetscape minimum (waived if Public Frontage Improvements are built to standard) Facade articulation increment Commercial/mixed-use maximum 50 ft Residential maximum 30 ft Major vertical modulation maximum 120 ft Ground level transparency Commercial -use minimum 50% I 14— Back of sidewalk sidewalk Public frontage Pa�nF dke o-aud lane uaref lane WNe parhw� New thoroughfare cross-section Transparencq 50% min Facade articulation and ground level transparency 2 New street south of Tukwila Pond shall only have on -street parking on the south side of the street. Return to Title Figure 18-24: Urban Corridor Standards APPLIED TO: Existing Streets: Andover Park W. (Tukwila Pkwy S. to Minkler), Longacres Way, Strander Blvd New Streets: As Indicated on Corridor Type Map Note: This is a summary of key corridor standards. See 18.28.120 to .210 for supplemental details. -ITHOROUGHFARE• • i1 Existing street No change New street See new cross-section PUBLIC FRONTAGE STANDARDS (see 18.28.150) Total required 15 ft width Sidewalk width 8 ft minimum Landscaping Trees in a continuous landscaped strip 7 ft wide located at back of curb on existing streets; trees in wells on new streets. Also see 18.28.240 General Landscaping Street tree spacing 20-30 ft, depending on species. Lighting Pedestrian and vehicular -scale decorative street lighting. BUILDING ORI ENTATION/PLACEM LAN DSCAPI NG (see . fi • fi Building orientation to street Required 15 ft Front yard setback minimum On-site surface parking Side or rear of building. locations Street Front: 1 double -loaded aisle of parking between building and primary street (max 63 ft in width). Front yard landscaping 15 ft of Streetscape minimum (waived if Public Frontage Improvements are built to standard) A RCHITECTURAL DESIGN STANDARDS Fa4ade articulation increment Commercial/mixed-use maximum 50 ft Residential maximum 30 ft Major vertical modulation maximum 200 ft Ground level transparency Commercial -use minimum 160% 4— Back of sidewalk sidewalk planting strip Is 21 Public frontage 1-1* 6A - 7.5 6.0' 11.0' 11-9 6.0' 7.S parking hike travel lane travel lane bike parking New thoroughfare cross-section I Tramparencv 60%mIn Facade articulation and ground level transparency Return to Title Figure 18-25: Commercial Corridor Standards Note: This is a summary of key corridor standards. See 18.28.120 to .210 for supplemental details. THOROUGHFARE CROSS-SECTION (see iI Existing street No change New street See new cross-section PUBLIC FRONTAGE STANDARDS (see 18.28.150) Total required 15 ft width 200 ft Sidewalk width 6 ft minimum 50% Landscaping Street trees in a continuous landscaped strip 9 ft wide located at back of curb. Also see 18.28.240 General Landscaping. Street tree spacing 20-30 ft, depending on species. Lighting Vehicular -scale decorative street lighting. Building orientation to streets Not required Front yard setback minimum 15 ft On-site surface parking locations Front, side or rear of building Front yard landscaping minimum 15 ft of Streetscape (waived if Public Frontage Improvements are built to standard) Facade articulation increment Commercial/mixed-use maximum 50 ft Residential maximum 30 ft Major vertical modulation maximum 200 ft Ground level transparency Commercial -use minimum 50% I I+-- Back of sidewalk I F6D9' .'_�� .6�� sidewalk planting strip 1, i s.a•----I Public frontage Facade articulation and ground level transparency Return to Title Figure 18-26: Freeway Frontage Corridor Standards Note: This is a summary of key corridor standards. See 18.28.120 to .210 for supplemental details. THOROUGHFARE CROSS-SECTION (see 18.28.140) .*Existing street • Pi IRI it 1:R(1NTAl;1: CTANr1ARr1C icon Back of sidewalk I sidewalk planting strip I� f s.4, ----i 7ransparenq 2D% min Public frontage Facade articulation and ground level transparency **Minimum ground -level transparency Total required 15 ft width 100 ft Sidewalk width 6 ft minimum finished grade of the structure; or 2) there is Landscaping Street trees in a continuous landscaped another building located directly between the strip 9 ft wide located at back of curb or a street frontage and the proposed building, combination of curb landscaping and 20% street trees integrated into sidewalk, provided total public frontage meets from the street. required width. Also see 18.28.240 General Landscaping. Street tree spacing 30-50 ft, depending on species. Lighting Vehicular -scale decorative street lighting. BUILDING ORI ENTATION/PLACEM LANDSCAPING (See 18.28.160-190) Building orientation to street Not required Front yard setback minimum 15 ft On-site surface parking locations Front, side or rear of building Front yard landscaping minimum 15 ft of streetscape (waived if Public Frontage Improvements are built to standard) Back of sidewalk I sidewalk planting strip I� f s.4, ----i 7ransparenq 2D% min Public frontage Facade articulation and ground level transparency **Minimum ground -level transparency Fa4ade articulation increment requirements do not apply when: 1) the Commercial/mixed-use maximum 100 ft sidewalk grade is 10 feet or more above the Major vertical modulation maximum 200 ft finished grade of the structure; or 2) there is another building located directly between the Ground level transparency** street frontage and the proposed building, Commercial -use minimum 20% screening the view of the proposed building from the street. Return to Title Figure 18-27: Workplace Corridor Standards APPLIED TO: Existing Streets: Minkler Blvd (Southcenter Pkwy to APW, Costco Dr), Upland Dr, Midland Dr, Triland Dr, N./W. between Costco Dr and S. 180th St, Andover Park W. (Minkler to S. 1801h St), Andover Park E. (Trek to S. 180th St), Sperry Dr New Streets: As indicated on Corridor Type Map Note: This is a summary of key corridor standards. See 18.28.120 to 2.10 for supplemental details. '• • • 4I Existing street No change New street See new cross-section BUILDING ORI ENTATION/PLACEM LAN DSCAPI NG (see .i •0 Total required 15 ft width On-site surface parking locations Sidewalk width 6 ft minimum Front yard landscaping minimum Landscaping Street trees in a continuous landscaped pnrki, strip 9 ft wide located at back of curb. V"brit. Also see 18.28.240 General Landscaping. Street tree spacing 30-50 ft, depending on species. Lighting Vehicular -scale street lighting. BUILDING ORI ENTATION/PLACEM LAN DSCAPI NG (see .i •0 Building orientation to street Not required Front yard setback minimum 15 ft On-site surface parking locations Front, side or rear of building Front yard landscaping minimum 15 ft of streetscape (waived if Public Frontage Improvements pnrki, are built to standard) V"brit. INW, 201.11 Fa4ade articulation increment Non-residential maximum 140 ft Residential maximum 30 ft Major vertical modulation maximum 280 ft Ground level transparency Warehouse/light industrial buildings 20% minimum Commercial -use minimum 150% a sidewalk planting strip k Is n' Public frontage New thoroughfare cross-section Transpire JQ%_50% Facade articulation and ground level transparency ILA Ib' ISA' 17A' 7S pnrki, tr"Wa V"brit. Psr" New thoroughfare cross-section Transpire JQ%_50% Facade articulation and ground level transparency Return to Title Figure 18-28: Examples of public frontages F Back of sidewalk Stmethee 1 'pacing: 20.30 k' no— sidewalk 'ABACK OF 51 DEWA LK Y' I if-•t� q r��.� ryS'" I I I 30' t PEDESTRIAN WALKWAY Figure 18-29: Example of a building oriented to the street Direct pedestrian entries into building from sidewalk POND PROPERTY LINER �S r' p( BACK OF SIDEWALK `f I 25'- E5PIAN�E Vehicular access to the side of building with parking to the side, rear, and/or under/within building Return to Title Figure 18-30: Example of features on a building oriented to street Weather protection: At least 6' deep — Windows/ transparency: At least 75% of facade between 24" and 10' Figure 18-31: Examples of Building Orientation to Streets/Open Space Treatments Return to Title Figure 18-32: Frontage Building Coverage FRONT STREET BACK OF SIDEWALK MIN. FRONT YARD SETBACK MAX. FRONT YARD SETBACK Y l ' FRONTAGE N COVERAGE ZONE Q n I n H 1 FRONTAGE - X O W rc COVERAGE - X 100 zi `°'°' Figure 18-33: Example of exceeding maximum building setbacks to provide pedestrian space Figure 18-34: Surface Parking — Front Return to Title Figure 18-35: Street Front Parking Examples Figure 18-36: Surface Parking — Side Street Figure 18-37: Surface Parking — Rear Return to Title Figure 18-38: Example of vertical modulation and horizontal modulation Horizontal modulation (upper level stepback) Figure 18-39: Facade articulation example for a mixed-use building Inc rernen Entries and fenestration pattern Return to Title Figure 18-40: Example of articulating the facade of a residential building 0' max. 0' max. 0' max. Return to Title Figure 18-41: Major Vertical Modulation Example Major vertical modulation tij • r; Facade articulation increments Figure 18-42: Ground level transparency requirements apply to the transparency percentage for the area between the height of 2 and 10 feet along the length of a building fagade Return to Title Figure 18-43: Examples of percentage of transparency between 2-10'along the length of a building facade a 75% Transparency Figure 18-44: Display window example This example meets the criteria. 50% Transparency This does not. Return to Title Figure 18-45: Encroachment provisions for building overhangs or weather protection features Return to Title Figure 18-46: Illustrating the various side and rear yard treatment standards and options. 1. Heavy landscape screening 2. Moderate landscape screening I 3a. Shared pathway -Property Line 3b. Shared internal roadway 0 .Property Line :_Property Line `Property Line 3c. Privacy fence 3d. Other option - low hedge or fence `- Property Line `,Property Line Return to Title Figure 18-47: Not OK— A single tree planted with no other materials and little room for viability. Figure 18-48: Using evergreen landscaping to screen utilities 711 Figure 18-49: Examples of landscaped tree wells Return to Title Figure 18-50: Examples of Pedestrian Spaces Figure 18-51: Examples of pedestrian passages r Return to Title Figure 18-52: Common open space examples Figure 18-53: Rooftop Garden Return to Title Figure 18-54: Example of Driveway level with the height of the sidewalk Driveway With Planting; Strips Planting strips allow the sidewalk to remain level and in a continuous directinn. Figure 18-55: Not OK— Not enough room on-site to exit loading area, resulting in disruption of traffic movements Return to Title Figure 18-56: Parking lot walkway standards and example Figure 18-57: Example of good internal pedestrian circulation. Note connections from the street, between buildings and through parking lots Return to Title Figure 18-58: Internal walkway standards and an example along retail or mixed-use buildings Street trees every 30' Return to Title Figure 18-59 Critical Area Tracts in Tukwila South 3 El_.. -- II y s ' �f % jy r ;y f / f� fg 10 P4:q 0 �f U --JL ,11 Return to Title Figure 16-60: Tukwila International Boulevard (TIB) Study Area TIB Study Area CITY of SEATAC HDR LN JR -CR oil1 0 CIIn i"- IAMM T1 MEHMR! Return to Title Figure 61 Major Pedestrian Corridor 152n 3 Ii Major Pedestrian Corridor Pedestrian Corridor 1/18/2025 �. 3 Ii Major Pedestrian Corridor Pedestrian Corridor 1/18/2025 Return to Title Table 18-1: Summary of applicable review process and standards/guidelines. See subsection 18.28.030 (D) for detailed provisions. * Not required to meet corridor -based architectural design standards Applicable Standards/Guidelines m °� -a L v E C (a v C O IA Review L to L C M W = '� W L O ,°+_' Project Type Type � Ln U Ln Ln NLA 06 Projects located in the TUC -RC, TUC-TOD, TUC -P, or TUC -CC Districts Minor remodels or very small projects Type 1 • • * • see subsection (D)(1)(d) Major remodels and small-scale projects Type 2 see subsection (D)(1)(b) Large-scale projects Type 4 • • • • see subsection (D)(1)(c) (BAR) Projects located in the TUC -Workplace District Residential/mixed-use building — small scale project Type 2 • • • • see subsection (D)(2)(a)(1) Residential/mixed-use building — major remodel Type 2 • • • • see subsection (D)(2)(a)(2) Residential/mixed-use building — large scale project Type 4 • • • • see subsection (D)(2)(a)(3) (BAR) Other small scale new construction or exterior Type 2 expansions, see subsection (D)(2)(b)(1) Other major remodels Type 2 • • • • see subsection (D)(2)(b)(2) Other large-scale new construction or exterior Type 4 • • • • expansions —see subsection (D)(2)(b)(3) (BAR) Minor remodels or very small projects • • * • see subsection (D)(2)(c) * Not required to meet corridor -based architectural design standards V CL CL Y v a ¢ a a Q a s a>> a a a� a a a u u a a a s �' �' `o x= x a s `o o` u a a u a a>> a a u u a a U D Z) Cv C E O U Q a Q a a a a a u a u a a>> CL a a ] a a u u a ^a > > > c 0 CL CL CL p a u a a> j¢ a u u a a Q a Q a d a d a F D D v c v V CL a u a a Z) 7 Q a u U a a a Q d a d a c O UD v c > > > a o L > -o m .. m N C N m w b0 O Q L L m 2 m 0) O C_ O fo O m N 7 b 0 O O O o O c`a O o_ ° ar L am,, N C m 7 N N 2 w Y - vOi O O v Q N m N 30 a) Y m E ~ u m L O Q 00 m Y L E '� 1 N m V O N 0) a) L> u 3 C o u7 m- m U s g Y _T v N W CL ti m O N = ° c Y N LO F 'u im O ac) a LL m vl .O m T Q$," v O C c >' Ll m 7 CL N m in a1 m LL N w C 0 m N o a) N O by b0 N E 7Y 7 v7i O li ` vii '6 N _ N C vii C O N m E l0 Op C m C C 7 vEi '� — U C u 7 O. 7 L N Ol = C a) O ' m N N M N 7 O O t U C C 7 al U H �_ u '^ CML 7 C 7 -O 'L y N w a+ L U 7 m O OC X a>+ �-I O ^ N aJ u O w �6 u N p_ E v �n O = Q) C w 00 N •� C 0 U a) O L v� OL C C C O c O Q) i N 0a O i O C L O N E 11 u C Lm m U a) a vYOi m m m o c L N m v o T o +L.+ fl +. C r O° o C c N j o o tl0 E Fes°- c 3 �o N �O o •N U i' y Ol Y atl V E O C 41 U U /b O L U w X N N '6 > j= C O bL '7 b0 ' O) 00 y O C N �C 7 0) C al m p 7 LL N x N 00 N C u N to m E T a O w i0 N L b0 N Y -O 7 m '6 N aiS m OL 00 O ~ E V V a N 3 Q _ m b0 O a) C v O. "- am+ E m E C al C m E y,,, .- m ` N U a) > Q) '6 �b >: v to .- Y ° w C II C O C O w N V c N L m u m N .vim t' O E y d a) w L p aJ 0) b0 V b.0u C m. Y a) aa) — ° -0 C 7 u C E m c 0) 'N a' 7 +O+ CL 7 ¢O S 3 N EN O N 'O 7 u a a) 'V - i LL C W O N m 7 `Y O v o L 7= E m v v o a v mi o o a U i u J N Y _ v y E o m x n n +-' Of Y N— C C — L ' +m+ a O_ CL C bD m bD N C E > C C O 7 Y al M O Y Y ' 7 a F m m V o= N> c a) .�' - = O m N N C 7 U m c u c c a) C O C E ` U w N 7 7' m C o OZS m bA 7 N - O Y N 'p E C a O N '° m N 7 O O V "O O 0 -O Q t� O1 F V m w U m l U N C bD U O C w - b`0 7 N b`0 C' m N U 0 .o o :. V E- O m .- N o c 7 -0 O a0- O. O L a O Y E N c c m bA c F u >> v a C w a E n Y •bD •bn m c v°> o .0 °D `m E v a) a Y y v a E v E E w E w v a m F a) O CL d y O a N 4! m u .� a v b0 = X N c N x- v n m e 7 N O a v) F O u N w m a m a 7 a m z>> Y Y v w o O 3 D o x p u > > > > v > 0 N y 7U O N O N O 0) O V1 0) O O1 O l0 N O V O I, w 0) 0 N 0 N O 00 w N w 0) VC c -I N (U C '-I 0 I, m 00 00 c -I Ln K 0) 0) c -I N M w n n K K c -I M OC Ln N 4/ f6 O_ O O O u 00 .� .c �n t � O O .CU � C N E 00 3 N E 004 C v g C_ m E O 01 00 00 O N N ti 7 00 OL) u p. V 01 m > E O 01 � O w u ON H w en vii c4 N M 4 N l6 I -Z 00 Ol Return to Title Table 18-3 District Standards: 18.28.070 Structure Height' Minimum Height Maximum Height without Incentives Frontal Improvement Height Incentive Multi -Family Height Incentive 25 ft fronting 25 ft fronting Regional Corridor n/a District Standards Center TOD Pond District Comm. Workplace 18.28.070 Structure Height' Minimum Height Maximum Height without Incentives Frontal Improvement Height Incentive Multi -Family Height Incentive 25 ft fronting 25 ft fronting Baker BI. Baker BI. n/a n/a n/a 45 ft 45 ft 45 ft 85 ft 45 ft 70 ft, 115' if 115 ft, or 214 combined with ft w/in 300 ft of MF, LEED or 70 ft, no Tukwila Pkwy Affordable increase w/in & Southcenter Housing 150 ft of Pond Pkwy Incentive edge n/a n/a 70 ft, 115' if combined with 115 ft, or 214 Frontal Imp., ft w/in 300 ft of LEED or 70 ft, no Tukwila Pkwy Affordable increase w/in 70 ft River & Southcenter Housing 150 ft of Pond adjacent Pkwy Incentive edge n/a parcels only 18.28.080 Maximum Block Face Length Provision of New Streets 850 ft max2 700 ft max 700 ft max 900 ft max 900 ft max 18.28.090 Permitted Corridor Types for New Streets - - Pedestrian Corridor permitted permitted - Walkable Corridor permitted permitted - - Neighborhood Corridor permitted permitted permitted permitted3 Urban Corridor permitted permitted permitted Commercial Corridor permitted permitted Workplace Corridor - - permitted permitted Tukwila Pond Esplanade - permitted Pedestrian Walkway permitted 18.28.100 Side and Rear Setbacks Side and Rear Yards 5 ft 4 5 ft 4 5 ft 4 5 ft 5 ft 18.28.110 Side and Rear Landscaping Requirements Side and Rear Yards 5ft 4 5ft 4 5ft 4 Oft 0 ft 18.28.220 Special Corner Feature Special Corner Feature on Building permitted permitted permitted 1) Portions of the building that extend above the primary building mass, such as non -habitable space (clock towers, roof -top cupolas, elevator and mechanical equipment enclosures), unenclosed space (roof deck trellises, gazebos), and other special architectural features, shall not exceed the maximum height requirement by more than 20 feet, provided they are set back a minimum of 10 feet from the edge of the roof (see also TMC 18.50.080). 2) Does not apply to Freeway Frontage Corridors 3) Permitted adjacent to residential uses. 4) May be waived as part of design review if Building and Fire Code requirements are met. Return to Title Table 18-4 Provision of Open Space Districts Regional Center TOD Neighborhood & Commercial Corridor & Pond 11 Workplace Use Type Required Type/Amount of Open Space (minimums) Pedestrian space: 30 sf/1,000 Pedestrian space: 30 sf/1,000 sf Retail sf of building footprint; min of building footprint; min 100 sf -- 100 sf and max 3,000 sf per site Civic & Institutional Pedestrian space: 50 sf/1,000 Pedestrian space: 50 sf/1,000 sf Pedestrian space: 50 Office sf/1,000 sf of building sf of building footprint of building footprint footprint Pedestrian space: 50 sf/1,000 Pedestrian space: 50 sf/1,000 sf Lodging sf of building footprint of building footprint 10% of residential unit floor 10% of residential unit floor 10% of residential unit Residential area, may be any area, may be any combination floor area, may be any combination of common or of common or private open combination of common or private open space space private open space Transportation, Communication -- -- -- & Infrastructure Industrial, Manufacturing -- -- -- & Warehouse Legend -- Open Space Not Required Return to Title Table 18-5 Provision of Parking Last adopted — Ordinance 2765 RegionalDistricts .. Commercial All Districts Neighborhood & Pond Corridor & District Workplace Required Minimum Required Minimum Required Minimum Use Vehicular Parking Vehicular Parking Bicycle Parking Retail, except as listed below 3.3 spaces/1,000 sf of ufa See TMC Figure 18-7 Required Number of See TMC Figure 18-7 Required Number of Eating & Drinking Establishments 6 spaces/1,000 sf of ufa Parking Spaces for Parking Spaces for Automobiles and Bicycles Automobiles and Bicycles Planned Shopping Center 100,000 - 4 spaces/1,000 sf of ufa 500,000 sf of ufa Planned Shopping Center 500,000 - 5 spaces/1,000 sf of ufa 1,000,000 sf of ufa Planned Shopping Center over 1 4 spaces/1,000 sf of gross million square feet gross leasable leasable floor area floor area including pad buildings' Entertainment & Recreation 6 spaces/1,000 sf of ufa, or as determined by DCD Director Business & Personal Services 3 spaces/1,000 sf of ufa Civic & Institutional As determined by DCD Director Office 3 spaces/1,000 sf of ufa Lodging 1 space/guest room Residential Studio 0.75 spaces/unit 1+ bedroom unit 1space/unit Home occupation 1 space/employee in addition to spaces otherwise required Senior citizen housing 1 space per unit for the first 15 units, .5 space per unit for additional units Senior citizen housing and 1 for 15 beds with a minimum of housing for persons with 2, to accommodate staff and disabilities within one- visitors quarter mile of a transit stop that receives transit service at least four times per hour for twelve or more hours per day *See RCW 36.70A.620(2) Industrial, Manufacturing & Not permitted Warehouse Essential Public Facilities As determined by DCD Director Last adopted — Ordinance 2765 RETURN TO TITLE TITLE 21 ENVIRONMENTAL REGULATIONS Chapters: 21.04 State Environmental Policy Act 21.08 Siting Criteria for Hazardous Waste Treatment and Storage Facilities TITLE 21 — ENVIRONMENTAL REGULATIONS Produced by the City of Tukwila, City Clerk's Office Page 21-1 RETURN To TITLE CHAPTER 21.04 STATE ENVIRONMENTAL POLICY ACT Sections: Categorical exemptions - Determination 21.04.010 Adopted - Authority 21.04.020 General provisions -Adoption by reference 21.04.030 Definitions - Adoption by reference 21.04.040 Definitions - Additional 21.04.050 Designation of responsible official 21.04.060 Lead agency - Determination - Responsibilities 21.04.070 Lead agency - Transfer of status to State Incomplete or unavailable information agency 21.04.080 Categorical exemptions and threshold Information required of applicants determinations - Adoption by reference 21.04.100 Categorical exemptions - Adoption by reference 21.04.110 Categorical exemptions - Flexible thresholds for 197-11-736 Minor New Construction 21.04.120 Categorical exemptions - Determination 21.04.130 Threshold determination - Review conceptual stage 21.04.140 Threshold determinations - Environmental checklist 21.04.150 Threshold determinations - Mitigated DNS 21.04.156 Designating a development as a planned action 21.04.158 Planned action development review process 21.04.170 EIS - Adoption by reference 21.04.180 EIS - Preparation 21.04.185 Time for preparation 21.04.190 EIS - Additional elements 21.04.200 EIS- Commenting- Adoption by reference 21.04.210 Public notice- Procedure 21.04.220 Consulted agency responsibilities - Official designated 21.04.230 Using existing environmental documents -Adoption by reference 21.04.240 SEPA - Decisions - Adoption by reference 21.04.250 SEPA - Decisions - Substantive authority 21.04.260 SEPA-Compliance-Adoption by reference 21.04.270 SEPA - Policies 21.04.280 Appeals 21.04.290 Notice - Statute of limitations 21.04.300 Environmentally sensitive areas 21.04.310 Fees 21.04.320 Forms - Adoption by reference 21.04.340 Severability TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.010 Adopted -Authority A. The City adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 197-11-904. This chapter contains the City's SEPA procedures and policies. B. The SEPA rules contained in WAC Chapter 197-11 must be used in conjunction with this chapter. (Ord. 1331 §1, 1984) 21.04.020 General provisions - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference: 197-11-040 Definitions 197-11-050 Lead agency 197-11-055 Timing of the SEPA process 197-11-060 Content of environmental review 197-11-070 Limitations on actions during SEPA process 197-11-080 Incomplete or unavailable information 197-11-090 Supporting documents 197-11-100 Information required of applicants Decision maker (Ord. 1331 §2, 1984) 21.04.030 Definitions - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference, as supplemented in this chapter: 197-11-700 Definitions 197-11-702 Act 197-11-704 Action 197-11-706 Addendum 197-11-708 Adoption 197-11-710 Affected tribe 197-11-712 Affecting 197-11-714 Agency 197-11-716 Applicant 197-11-718 Built environment 197-11-720 Categorical exemption 197-11-722 Consolidated appeal 197-11-724 Consulted agency 197-11-726 Cost -benefit analysis 197-11-728 County/City 197-11-730 Decision maker 197-11-732 Department 197-11-734 Determination of Non -Significance (DNS) 197-11-736 Determination of Significance (DS) 197-11-738 EIS 197-11-740 Environment 197-11-742 Environmental checklist 197-11-744 Environmental document 197-11-746 Environmental review 197-11-748 Environmentally sensitive area Produced by the City of Tukwila, City Clerk's Office Page 21-2 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 197-11-750 Expanded scoping 197-11-752 Impacts 197-11-754 Incorporation by reference 197-11-756 Lands covered by water 197-11-758 Lead agency 197-11-760 License 197-11-762 Local agency 197-11-764 Major action 197-11-766 Mitigated DNS 197-11-768 Mitigation 197-11-770 Natural environment 197-11-772 NEPA 197-11-774 Non -project 197-11-776 Phased review 197-11-778 Preparation 197-11-780 Private project 197-11-782 Probable 197-11-784 Proposal 197-11-786 Reasonable alternative 197-11-788 Responsible official 197-11-790 SEPA 197-11-792 Scope 197-11-793 Scoping 197-11-794 Significant 197-11-796 State agency 197-11-797 Threshold determination 197-11-799 Underlying governmental action (Ord. 1331 §27,1984) 21.04.040 Definitions - Additional In addition to those definitions contained within WAC 197-11- 700 through 799, when used in this chapter the following terms shall have the following meanings, unless the content indicates otherwise: 1. "Department" means any division, subdivision or organizational unit of the City established by ordinance, rule or order. 2. "Early notice" means the City's response to an applicant stating whether it considers issuance of the Determination of Significance likely for the applicant's proposal. 3. "Environmentally sensitive area". see TMC 21.04.300 and TMC Chapter 18.45. 4. "Notice of action" means the notice (as specified in RCW 43.21C.080) of the time for commencing an appeal of a SEPA determination that the City or the applicant may give following final City action upon an application for a permit or ap- proval when the permit or approval does not have a time period set by statute or ordinance for commencing an appeal. 5. "SEPA Rules" means WAC Chapter 197-11, as now adopted or hereafter amended by the Department of Ecology. (Ord. 2711 §2, 2023; Ord. 1770 §81, 1996; Ord. 1599 §7(1), 1991; Ord. 1344 §1, 1985; Ord. 1331 §3, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-3 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.050 Designation of responsible official A. For those proposals for which the City is a lead agency, the responsible official shall be the Community Development Director or their designee or such other person as the Mayor may designate in writing. B. For all proposals for which the City is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required Environmental Impact Statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA Rules that have been adopted by reference. (Ord. 2711 §3, 2023, Ord. 1344 §2, 1985, Ord. 1331 §4, 1984) 21.04.060 Lead agency - Determination - Responsibilities A. The responsible official shall determine the lead agency for that proposal under WAC 197-11-050 and WAC 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the responsible official is aware that another department or agency is in the process of determining the lead agency. B. When the City is not the lead agency for a proposal, all departments of the City shall use and consider as appropriate eitherthe Determination of Non -Significance (DNS) or the final EIS of the lead agency in making decisions on the proposal. No City department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency unless the City determines a supplemental environmental review is necessary under WAC 197-11-600. C. If the City, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11- 940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAG 197-11-946 within the 15 -day time period. Any such petition on behalf of the City may be initiated by the responsible official or Mayor. D. The responsible official is authorized to make agreement as to lead agency status or shared lead agency's duties for a proposal under WAC 197-11-942 and 197-11-944. E. The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction. (Ord. 1344 §3, 1985; Ord. 1331 §5, 1984) 21.04.070 Lead agency - Transfer of status to State agency For any proposal for a private project where the City would be the lead agency and for which one or more State agencies have jurisdiction, the City may elect to transfer the lead agency duties to the State agency. The State agency with jurisdiction appearing first on the priority list in WAC 197-11-936 shall be the lead agency. To transfer lead agency duties, the responsible official must transmit a notice of the transfer, together with any relevant information available on the proposal, to the appropriate State agency with jurisdiction. The responsible official shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 1344 §4, 1985; Ord. 1331 §6, 1984) 21.04.080 Categorical exemptions and threshold determinations - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11 and RCW 43.21 C.410, as now existing or as may be amended hereafter, by reference as supplemented in this chapter: 197-11-300 Purpose of this part 197-11-305 Categorical exemptions 197-11-310 Threshold determination required 197-11-315 Environmental checklist 197-11-330 Threshold determination process 197-11-335 Additional information 197-11-340 Determination of Non -Significance (DNS) 197-11-350 Mitigated DNS 197-11-355 Optional DNS process 197-11-360 Determination of Significance (DS)/initiation of scoping 197-11-390 Effect of threshold determination 43.21C.410 Battery Charging and exchange station installation (Ord. 2324 §14, 2011; Ord. 2173 §1, 2007, Ord. 1331 §10, 1984) 21.04.100 Categorical exemptions -Adoption by reference The City adopts the following rules for categorical exemption of WAC Chapter 197-11, as now existing or as may be amended hereafter, by reference, as supplemented in this chapter: 197-11-800 Categorical exemptions 197-11-880 Emergencies 197-11-890 Petitioning DOE to change exemptions (Ord. 1331 §28, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-4 RETURN To TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.110 Categorical exemptions -Flexible thresholds for Minor New Construction A. The City establishes the following exempt levels for minor new construction as allowed under WAC 197-11-800(1)(c) and (d), based upon local conditions: 1. For single-family residential projects, up to thirty (30) dwelling units; 2. For multifamily residential projects, up to two hundred (200) dwelling units; 3. For agricultural structures, up to forty thousand (40,000) square feet; 4. For office, school, commercial, recreational, service or storage buildings, up to thirty thousand (30,000) square feet; 5. For parking facilities, up to ninety (90) parking spaces; 6. For fills or excavations, up to one thousand (1,000) cubic yards. All fill or excavation, of any quantity, necessary for an exempt project in subsections 1 through 4 of this section shall be exempt. B. The exemptions in this subsection apply except when the project: Is undertaken wholly or partly on lands covered by water; 2. Requires a license governing discharges to water that is not exempt under RCW 43.21C.0383; 3. Requires a license governing emissions to air that is not exempt under RCW 43.21C.0381 or WAC 197-11-800 (7) or (8); or 4. Requires a land use decision that is not exempt under WAC 197-11-800(6). C. Whenever the City establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c). (Ord. 2711 §4, 2023; Ord. 2502 §1, 2016; Ord. 2173 §1, 2007, Ord. 1344 §6, 1985; Ord. 1331 §11, 1984) 21.04.120 Categorical exemptions - Determination A. When the City receives an application for a license or, in the case of governmental proposals, a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal. B. In determining whether or not a proposal is exempt, the responsible official shall made certain the proposal is properly defined and shall identify the governmental license required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the consideration is exempt. C. If a proposal includes both exempt and nonexempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: 1. The City shall not give authorization for: a. Any nonexempt action; b. Any action that would have an adverse environmental impact; or c. Any action that would limit the choice of reasonable alternatives. 2. The responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the nonexempt actions were not approved; and 3. The responsible official may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. (Ord. 1331 §12, 1984) 21.04.130 Threshold determination - Review at conceptual stage A. If the City's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications. B. In addition to the environmental documents, an applicant may be required to submit the following information: 1. Conceptual site plans and building plans; 2. Other information as the responsible official may determine; 3. Environmentally sensitive areas studies as described in TMC 21.04.140 for sensitive areas. (Ord. 1599 §7(2), 1991; Ord. 1344 §5, 1985; Ord. 1331 §9, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-5 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.140 Threshold determinations - Environmental checklist A. A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate or other approval not exempted by this chapter. The checklist shall be in the form of WAC 197-11-960. B. If the site is an environmentally critical area, a critical area study that meets the requirements of TMC Chapter 18.45 may be required. The SEPA official may waive any study requirements determined to be unnecessary for review of a particular use or application. Funding for a qualified professional, selected and retained by the City, shall be paid for by the applicant to review the geotechnical reports on Class 2 and Class 3 landslide, seismic and coal mine hazard areas if the geotechnical report indicates Class 3 or Class 4 characteristics, and will be required in all Class 4 landslide hazard areas. Applicants may also be required to pay for peer review of wetland and watercourse studies per TMC Section 18.45.040.E. C. A checklist is not needed if the City and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. D. The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for making the threshold determination. E. For private proposals, the applicant is required to complete the environmental checklist. The City may provide information as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. F. The City may decide to complete all or part of the environmental checklist for a private proposal, if either of the following occurs: 1. The City has technical information on a question or questions that is unavailable to the private applicant; or 2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 2711 §5, 2023; Ord. 1599 §7(3), 1991; Ord. 1344 §7, 1985; Ord. 1331 §13, 1984) 21.04.150 Threshold determinations - Mitigated DNS A. The responsible official may issue a Determination of Non -Significance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. B. An applicant may request in writing early notice of whether a Determination of Significance (DS) is likely. The request must: 1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and 2. Precede the City's actual threshold determination for the proposal. C. The responsible official's written response to the request for early notice shall: 1. State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the City to consider a DS; and 2. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. D. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the City shall base its threshold determination on the changed or clarified proposal. 1. If the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a Determination of Non -Significance if the City determines that no additional information or mitigation measures are required. 2. If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate. 3. The applicant's proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific. 4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. E. The City shall not act upon a proposal for which a mitigated DNS has been issued for 15 days after the date of issuance. F. Mitigation measures incorporated in the mitigated DNS shall deemed conditions of approval of the licensing decision and may be enforced in the same manner as any term or condition of the permit or enforced in any manner specifically prescribed by the City. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued. G. If the City's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigation DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11- 340(3)(a) relating to the withdrawal of a DNS. H. The City's written response under 21.04.150C shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. (Ord. 1599 §7(4), 1991; Ord. 1344 §8, 1985; Ord. 1331 §14, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-6 RETURN To TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.156 Designating a development as a planned action A. The Director of the Department of Community Development shall be authorized to designate a specific development proposal which is eligible to be a planned action, has mitigated all of its significant adverse impacts, and is consistent with the Comprehensive Plan, as a planned action. B. This designation shall be final, with no administrative appeals. (Ord. 1853 §8, 1998) 21.04.158 Planned action development review process Designation of a planned action would relieve the application from any SEPA review including a threshold determination, any final threshold determination, public notice of SEPA action, and any administrative appeals. A notice of complete application would NOT be sent for Type 1 applications which choose the planned action option. (Ord. 1853 §9, 1998) 21.04.170 EIS - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference as supplemented by this chapter: 197-11-400 Purpose of EIS 197-11-402 General requirements 197-11-405 EIS types 197-11-406 EIS timing 197-11-408 Scoping 197-11-410 Expanded scoping 197-11-420 EIS preparation 197-11-425 Style and size 197-11-430 Format 197-11-435 Cover letter or memo 197-11-440 EIS contents 197-11-442 Contents of EIS on non -project proposals 197-11-443 EIS contents when prior non -project EIS 197-11444 Elements of the environment 197-11-448 Relationship of EIS to other considerations 197-11-450 Cost -benefit analysis 197-11-455 Issuance of DEIS 197-11460 Issuance of FEIS (Ord. 1331 §15,1984) 21.04.180 EIS - Preparation A. Preparation of draft EIS's (DEIS) and final EIS's (FEIS) and supplemental EIS's(SEIS) shall be under the direction of the responsible official. Before the City issues an EIS, the responsible official shall be satisfied that it complies with this chapter and WAC Chapter 197-11. B. The DEIS and FEIS or SEIS shall be prepared at the City's option by the City staff, the applicant, or by a consultant approved by the City. If the responsible official requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the City's procedure for EIS preparation, including approval of the draft and final EIS priorto distribution. C. The City may require an applicant to provide information the City does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency; provided, however, this does not apply to information the City may request under another ordinance or statute. (Ord. 1344 §9, 1985, Ord. 1331 §16, 1984) 21.04.185 Time for preparation Unless a different time limit is agreed to by the Department and the applicant, the time limit for completion of environmental impact statements for purposes of TMC 18.104.130 shall be 365 calendar days from the date of issuance of a Declaration of Significance. The following periods shall be excluded from this 365 -day period: 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the EIS to correct plans, perform required studies, or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of (a) the date the department, agency or hearing body determines whether the additional information satisfies the request, or (b)14 days after the date the information has been provided to the department, agency or hearing body. If the department, agency or hearing body determines that the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. 2. Any additional time period for preparation of the EIS agreed upon by the Department and the applicant. (Ord. 1770 §83, 1996) Produced by the City of Tukwila, City Clerk's Office Page 21-7 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.190 EIS - Additional elements The following additional elements may be part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function of purpose under this chapter: 1. Economy; 2. Social policy analysis; 3. Cost -benefit analysis; 4. Such other elements as may be required by the responsible official. (Ord. 1331 §17, 1984) 21.04.200 EIS - Commenting - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference as supplemented in this chapter: 197-11-500 Purpose of this part 197-11-502 Inviting comment 197-11-504 Availability and cost of environmental documents 197-11-508 SEPA Register 197-11-535 Public hearings and meetings 197-11-545 Effect of no comment 197-11-550 Specificity of comments 197-11-560 FEIS response to comments 197-11-570 Consulted agency costs to assist lead agency (Ord. 1331 §18, 1984) 21.04.210 Public Notice -Procedure 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 an Optional Determination of Non -Significance (ODNS) per WAC 197-11-355; 2. When the City issues a Determination of Non - Significance (DNS) per WAC 197-11-340; 3. When the City issues a Mitigated Determination of Non -Significance (MDNS) per WAC 197-11-350; 4. When the City issues a Determination of Significance (DS) to commence scoping per WAC 197-11-360; 5. When a draft EIS (DEIS) is issued per WAC 197-11- 455; 6. Whenever the City holds a public hearing pursuant to WAC 197-11-535, provided that if the project requires a Type 3, 4 or 5 decision such hearing shall be consolidated with the public hearing on the merits of the project; or 7. Whenever the responsible official determines that public notice is required. C. The threshold determination shall be sent to the applicant, parties of record and agencies with jurisdiction, and posted to the SEPA Register per WAC 197-11-508 for the projects listed under subsection B above. Public notice of the threshold determination shall be made available on the City's website, or using one of the notice procedures set forth in WAC 197-11-510. D. The City may require an applicant to compensate the City for the costs of compliance with the public notice requirements for the applicant's proposal and/or provide services and materials to assist. (Ord. 2743 §2, 2024; Ord. 2374 §1, 2012; Ord. 1770 §84, 1996; Ord. 1344 §10, 1985; Ord. 1331 §19, 1984) 21.04.220 Consulted agency responsibilities - Official designated A. The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping and reviewing of a draft EIS. B. The responsible official shall be responsible for the City's compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. (Ord. 1331 §20, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-8 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.230 Using existing environmental documents - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference: 197-11-600 When to use existing environmental documents 197-11-610 Use of NEPA documents 197-11-620 Supplemental environmental impact statements 197-11-625 Addenda - Procedures 197-11-630 Adoption - Procedures 197-11-635 Incorporation by reference - Procedures 197-11-640 Combining documents (Ord. 1331 §21, 1984) 21.04.240 SEPA - Decisions - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference: 197-11-650 Purpose of this part 197-11-655 Implementation 197-11-660 Substantive authority and mitigation 197-11-680 Appeals 197-11-700 Definitions (Ord. 1331 §22, 1984) 21.04.250 SEPA - Decisions - Substantive authority A. The City may attach conditions to a license or approval for a proposal so long as: 1. Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter; and 2. Such conditions are in writing; and 3. Such conditions are reasonable and capable of being accomplished; and 4. The City has considered whether other local, State or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one or more policies in TMC 21.04.270 and cited in the permit, approval, license or other decision document. B. The City may deny a permit or approval for a proposal on the basis of SEPA so long as: 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS; and 2. A finding is made that there are no reasonable mitigation measures that are insufficient to mitigate the identified impact; and 3. The denial is based on one or more policies identified in TMC 21.04.270 and identified in writing in the decision document. (Ord. 1331 §23, 1984) 21.04.260 SEPA- Compliance - Adoption by reference The City adopts the following sections of WAC Chapter 197- 11, as now existing or as may be amended hereafter, by reference, as supplemented in this chapter: 197-11-900 Purpose of this part 197-11-902 Agency SEPA policies 197-11-916 Application to ongoing actions 197-11-920 Agencies with environmental expertise 197-11-922 Lead agency rules 197-11-924 Determining the lead agency 197-11-926 Lead agency for governmental proposals 197-11-928 Lead agency for public and private proposals 197-11-930 Lead agency for private projects with one agency with jurisdiction 197-11-932 Lead agency for private projects requiring licenses for more than one agency, when one of the agencies is a county/city 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/ city, and one or more State agencies 197-11-936 Lead agency for private projects requiring licenses from more than one State agency 197-11-938 Lead agencies for specific proposals 197-11-940 Transfer of lead agency status to a State agency 197-11-942 Agreements on lead agency status 197-11-944 Agreements on division of lead agency duties 197-11-946 DOE resolution of lead agency disputes 197-11-948 Assumption of lead agency status rd. 1331 §29, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-9 RETURN TO TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.270 SEPA - Policies A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City. B. The City adopts by reference the policies in the following City codes, ordinances, resolutions and plans as now exist or as may be amended hereafter: 1. Annexation Policy Plan 2. Comprehensive Land Use Policy Plan 3. Comprehensive Water Plan 4. International Building Code 5. Long Range Parks and Open Space Plan 6. Sanitary Sewer Comprehensive Plan 7. Shoreline Master Plan 8. Sidewalk Ordinance 9. Southcenter Subarea Plan 10. Southcenter Design Manual 11. Standard Specifications for Municipal Construction 12. Subdivisions and Plats — TMC Title 17 13. Surface Water Comprehensive Plan 14. Transportation Improvement Plan 15. Zoning Code — TMC Title 18 (Ord. 2502 §4, 2016, Ord. 1757 §2, 1995; Ord. 1599 §7(5), 1991; Ord. 1344 §14, 1985; Ord. 1331 §24, 1984) 21.04.280 Appeals A. In the event that the Department issues a Mitigated Determination of Non -Significance (MDNS), any party of record may file an appeal challenging either the conditions, which were imposed, or the failure of the Department to impose additional conditions. No other administrative SEPA appeal shall be allowed. B. At the time the appeal is filed, the appealing party shall pay an appeal fee pursuant to the fee schedule. C. All appeals filed pursuant to this section must be filed in writing with the Department within 14 calendar days of the date of the decision appealed from. D. All appeals pursuant to this section shall be consolidated with the public hearing on the merits of a Type 3, 4 or 5 decision. In the event that an appeal related to a Type 2 decision is filed pursuant to this section, such appeal shall be consolidated with an appeal on the merits of the application. No appeals pursuant to this section shall be permitted for proposals which involve only Type 1 decisions. E. The substantive and procedural determination by the City's responsible official shall carry substantial weight in any appeal proceeding. (Ord. 2120 §5, 2006, Ord. 1770 §85, 1996; Ord. 1344 §11, 1985; Ord. 1331 §25, 1984) 21.04.290 Notice - Statute of limitations A. The City shall give official notice whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. B. The City, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21 C.080 for any action. 1. The form of the notice of action shall be substantially in the form provided in WAC 197-11-990. 2. The notice of action shall be published by the City Clerk, applicant or proponent pursuant to RCW 43.21 C.080. (Ord. 1344 §12, 1985, Ord. 1331 §26, 1984) 21.04.300 Environmentally sensitive areas A. Environmentally critical areas designated on the zoning maps, and/or as defined in TMC Section 18.45.030 as of the effective date of the ordinance from which this section derives and as thereafter amended, designate the locations of environmentally critical areas within the City and are adopted by reference. In addition to those areas identified in WAC 197-11-908 and for purposes of this chapter, environmentally critical areas shall also include wooded hillsides, and the Green/Duwamish River and its shoreline zone as defined by the Tukwila Shoreline Master Program. For each environmentally critical area, all categorical exemptions within WAC 197-11-800 are applicable. B. The City shall treat proposals located wholly or partially within an environmentally critical area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally critical area. C. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. 2711 §10, 2023, Ord. 1608 §2, 1991; Ord. 1599 §7(6), 1991; Ord. 1344 §13, 1985; Ord. 1331 §30, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-10 RETURN To TITLE Return to Ch. 21.04 TITLE 21 — ENVIRONMENTAL REGULATIONS 21.04.310 Fees The City shall require the following fees for its activities in accordance with the provisions of this chapter: 1. Threshold Determination. For every environmental checklist the City will review when it is lead agency, the City shall collect a fee according to the adopted Land Use Fee Schedule from the proponent of the proposal prior to undertaking the threshold determination; provided that no fee shall be charged to or collected from the proponents of any proposal for annexation to the City, and the City shall review such checklists without charge. Where payment of a fee is required, the time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee is received by the City. 2. Environmental Impact Statement. a. When the City is the lead agency for a proposal requiring an EIS and the responsible official determines the EIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the City in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation. b. The responsible official may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the City, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by the City. Also, the City will charge an administrative fee in addition to the consultant fees, according to the adopted Land Use Fee Schedule. c. The applicant shall pay the projected amount to the City prior to commencing work. The City will refund the excess, if any, at the completion of the EIS. If the City's costs exceed the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under a. or b. of this subsection which remain after incurred costs, including overhead, are paid. 3. The City shall collect a fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal according to the adopted Land Use Fee Schedule. 4. The City may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by chapter 42.17 RCW. (Ord. 2711 §11, 2023, Ord. 1650 §1, 1992, Ord. 1576 §6, 1990, Ord. 1425 §1, 1987; Ord. 1331 §31, 1984) 21.04.320 Forms - Adoption by reference The City adopts the following forms and sections of WAC Chapter 197-11, as now existing or as may be amended hereafter, by reference: 197-11-960 Environmental checklist 197-11-965 Adoption notice 197-11-970 Determination of Non -Significance (DNS) 197-11-980 Determination of Significance and scoping notice (DS) 197-11-985 Notice of assumption of lead agency status 197-11-990 Notice of action (Ord. 1331 §32, 1984) 21.04.340 Severability If any section, sentence, clause or phrase of this chapter, including any section adopted by reference, should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter or any other section adopted by reference. (Ord. 1331 §35, 1984) Produced by the City of Tukwila, City Clerk's Office Page 21-11 RETURN TO TITLE CHAPTER 21.08 SITING CRITERIA FOR HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES Sections: 21.08.010 State criteria adopted 21.08.020 Specific siting criteria 21.08.010 State criteria adopted Siting criteria for on-site and off-site hazardous waste treatment and storage facilities set forth in RCW 70.105 are adopted. (Ord. 1489 §4, 1988) 21.08.020 Specific siting criteria Siting criteria for on-site and off-site hazardous waste treatment and storage facilities in the City shall be as set forth in Table 1. TITLE 21 — ENVIRONMENTAL REGULATIONS TABLE 1 TUKWILA SITING CRITERIA FOR HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES CRITERIA ON-SITE As defined in TMC 18.06.420 OFF-SITE As defined in TMC 18.06.415 Structural Stabilit Unstable slopes/soils 200 feet X Coastal flooding X X Surface Water Quality Protection Proximity to nearest surface water M 1/4 mile FEMA 100 -year flood zone X X Shorelines of statewide si nificance M 1/2 mile Protection of Domestic Water Watersheds 1/2 mile 1/2 mile Distance to ground water intake 1/4 mile 1/2 mile Air Quality Protection Ambient air quality M M Sensitive Area Protection Threatened and endangered species X X Wetlands X 1/4 mile State shorelines M X Parks and recreational areas X 1/4 mile Archaeological and historic areas and national monuments X 1/4 mile Transportation Routes Traffic flow and capacity* M M Safety standards for transport routes M M Adjacent Land Use Considerations Buffer zone M 200 feet Minimum distance from residential zones/ residences 750 ft/ 1/2 mile/ Motels and hotels 100 feet 500 feet Minimum distance from occupied structures 100 feet 1/2 mile Agricultural lands/ agricultural zone 500 feet 500 feet Public gathering place 750 feet 750 feet Host Community Considerations Utilities and public services M M Costs for ewer enc services M M X - A proposed facility is prohibited from siting under this criterion. M - Mitigation measures required to site in this area. * - Hazardous substance land uses shall be prohibited from using traffic routes which pass through residential zones. In the event that Tukwila's hazardous waste siting criteria conflict with development criteria of specific zoning districts or siting criteria to be developed and adopted by the State of Washington, the more restrictive standard shall apply. (Ord. 1489 §4, 1988) Produced by the City of Tukwila, City Clerk's Office Page 21-12 RETURN TO TITLE