HomeMy WebLinkAboutOrd 2066 - Cargo Container Maximum Length PermittedCover page to Ordinance 2066
The full text of the ordinance follows this cover page.
Ordinance 2066was amended or repealedby the following ordinances.
AMENDEDREPEALED
Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord#
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22097, 209822119
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Ordinance No. 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1989 §9, AS CODIFIED
AT TUKWILA MUNICIPAL CODE (TMC) 8.50.060, INCREASING THE
MAXIMUM PERMITTED LENGTH OF CARGO CONTAINERS TO 40
FEET; AMENDING ORDINANCE NOS. 1768 §2 (PART), 1796 §3 (PART),
1847 §2, 1857 §7, AND 2005 §20, AS CODIFIED AT TMC 18.104.010,
ALLOWING THE HEARING EXAMINER TO HEAR APPEALS
REGARDING PLACEMENT OF CARGO CONTAINERS, CLASSIFIED AS
A TYPE II DECISION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations may be reviewed and updated as
appropriate; and
WHEREAS, in 2002 the City of Tukwila adopted development regulations to
regulate the use of cargo containers and shipping containers on residential and certain
commercial properties; and
WHEREAS, the City established a maximum length restriction of 30 feet for cargo
containers and shipping containers within residential zones and certain commercial
zones; and
WHEREAS, the City has found that cargo containers and shipping containers tend
to be largely available in lengths of 40 feet; and
WHEREAS, the City wishes to clarify which hearing body is responsible for
hearing appeals on land use actions made by the Director of Community Development
regarding the placement of cargo containers; and
WHEREAS, appeals regarding decisions of placing cargo containers or shipping
containers can appropriately be handled by the City's Hearing Examiner; and
WHEREAS, the City of Tukwila Planning Commission has recommended the
adoption of certain Zoning Code requirements; and
WHEREAS, after proper notice, the Planning Commission held a public hearing on
the proposed amendments on July 22, 2004; and
WHEREAS, the City Council, after having received and studied staff analysis and
comments from members of the public, believes that certain amendments to the City's
development regulations are necessary;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1989 §9, as codified in TMC Chapter 18.50,
"Supplemental Development Standards is hereby amended to read as follows:
Cargo 10/29/04 Page 1 of 5
18.50.060 Cargo containers as accessory structures.
A. Cargo containers are allowed outright in the LI, HI, MIC /L, MIC /H and TVS
zones, subject to building setbacks.
B. New containers may be allowed as accessory structures in LDR, MDR, and
HDR, for institutional uses and in RC, RCM, TUC 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.
feet.
C. Criteria for approval are as follows:
1. Only two cargo containers will be allowed per lot, maximum length of 40
2. The container is located to minimize the visual impact to adjacent
properties, parks, trails and rights -of -way as determined by the Director.
3. The cargo container is sufficiently screened from adjacent properties,
parks, trails and rights -of -way, as determined by the Director. Screening may be a
combination of solid fencing, landscaping, or the placement of the cargo containers
behind, between or within buildings.
4. If located adjacent to a building, the cargo container must be painted to
match the building's color.
5. Cargo containers may not occupy any required off street parking spaces.
6. Cargo containers shall meet all setback requirements for the zone.
7. Outdoor cargo containers may not be refrigerated.
8. Outdoor cargo containers may not be stacked.
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.
Section 2. Ordinance Nos. 1768 §2 (part), 1796 §3 (part), 1847 §2, 1857 §7, and 2005
§20, as codified at TMC 18.104.010, "Permit Application Types and Procedures are
hereby amended to read as follows:
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.
B. Type 1 decisions are made by City administrators who have technical expertise
as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner
who will hold a closed record appeal hearing based on the information presented to the
City administrator who made the decision. Public notice is not required for Type 1
decisions or for the appeals of those decisions.
Cargo 10/29/04 Page 2 of 5
TYPE OF PERMIT
Building Permit
Utility Permit
Sign Permit, except for those sign
permits specifically requiring
approval of the Planning
Commission or denials of sign
permits which are appealable
Land Alteration
Boundary Line Adjustment,
including Lot Consolidation
Minor Modification to PRD (TMC
18.46.130)
Minor modification to BAR approved
design (TMC 18.60.030)
Any land use permit or approval
issued by the City, unless specifically
categorized as a Type 2, 3, 4, or 5
decision by this Chapter
TYPE 1 DECISIONS
DECISION MAKER
Building Official
Public Works Director
Community Development Director
C. Type 2 decisions are decisions which 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, Planning Commission, City Council, or, in the
case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to
RCW 90.58.
TYPE OF PERMIT
Administrative Design
Review (TMC
18.60.030)
Administrative
Planned Residential
Development
(TMC 17.08.040)
Short Plat
(TMC 17.08.060)
Binding Site
Improvement Plan
(TMC Chap.17.16)
Shoreline Substantial
Development Permit
(TMC Chapter 18.44)
Decision regarding
Sensitive Areas (except
Reasonable Use
Exception)
(TMC 18.45.125)
Cargo 10/29/04 Page 3 of 5
TYPE 2 DECISIONS
INITIAL DECISION
MAKER
Community
Development Director
Short Plat Committee
Short Plat Committee
Short Plat Committee
Community
Development Director
Community
Development Director
Public Works Director
Community Development Director
Community Development Director
Community Development Director
As specified by Ordinance
APPEAL BODY
(open record appeal)
Board of Architectural
Review
Hearing Examiner
Hearing Examiner
Hearing Examiner
State Shoreline Hearings
Board
Planning Commission
Special Permission
Parking, and
Modifications to
Certain Parking
Standards
(TMC 18.56.060 and
.070)
Parking standard for
use not
specified
(TMC 18.56.100)
Code Interpretation
(TMC 18.90.010)
Special Permission
Sign, except "unique
sign" (various sections
of TMC Title 19)
Sign Permit Denial
(TMC Chapter 19.12)
Sign Area Increase
(TMC 19.32.140)
Placement of Cargo
Container
(TMC 18.50.060)
TYPE OF PERMIT
Shoreline Conditional
Use Permit
(TMC 18.44.050)
Reasonable Use
Exceptions under
Sensitive Areas
Ordinance
(TMC 18.45.115)
Cargo 10/28/04 Page 4 of 5
Community
Development Director
Community City Council
Development Director
Community
Development Director
Community
Development Director
Community
Development Director
Community
Development Director
Community
Development Director
D. 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 that may be appealed to the State Shoreline
Hearings Board pursuant to RCW 90.58.
TYPE 3 DECISIONS
TYPE OF PERMIT DECISION MAKER
Variance (zoning, shoreline, sidewalk, Hearing Examiner
land alteration, sign)
Resolve uncertain zone district Hearing Examiner
boundary
E. Type 4 decisions are quasi judicial decisions made by the Board of
Architectural Review or the Planning Commission, following an open record hearing.
Type 4 decisions may be appealed to the City Council, which will hold a closed record
appeal hearing based on the record established by the Board of Architectural Review or
Planning Commission, except Shoreline Conditional Use Permits, which are appealable
to the State Shoreline Hearings Board pursuant to RCW 90.58.
TYPE 4 DECISIONS
INITIAL DECISION
MAKER
Planning Commission
Planning Commission
City Council
Hearing Examiner
Planning Commission
Planning Commission
Planning Commission
Hearing Examiner
APPEAL BODY (closed
record appeal)
State Shorelines
Hearings Board
City Council
following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
Public Hearing Design
Review (TMC Chapter
18.60, 18.56.040 and
Shoreline Master
Program)
Modifications to
Certain Parking
Standards
(TMC Chapter 18.56.)
Conditional Use
Permit
(TMC Chapter 18.64)
Unique Signs
(TMC 19.28.010)
F. Type 5 decisions are quasi judicial decisions
TYPE OF PERMIT
Subdivision Preliminary Plat
(TMC 17.12.020)
Subdivision Final Plat
(TMC 17.12.030)
Planned Residential Development
(PRD), including Major Modifications
(TMC Chapter 18.46)
Unclassified Use
(TMC Chapter 18.66)
Rezone (TMC Chapter 18.84)
Shoreline Environment
Redesignation
(Shoreline Master Program)
ATTEST/ AUTHENTICATED:
Jai E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Cargo 10/28/04 Page 5 of 5
Board of Architectural
Review
City Council
Planning Commission City Council
Planning Commission City Council
Planning Commission City Council
TYPE 5 DECISIONS
made
DECISION MAKER
City Council
City Council
City Council
City Council
City Council
City Council
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
by the City Council
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
five (5) days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF ,TUKWILA, WASHINGTON,
at a Regular Meeting thereof this S1 day of /13( 2004.
SUMMARY OF ORDINANCE
No. 2066
City of Tukwila, Washington
On November 1, 2004, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2066, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, amending
Ordinance No. 1989 §9, as codified at Tukwila Municipal Code (TMC) 8.50.060,
increasing the maximum permitted length of cargo containers to 40 feet; amending
Ordinance Nos. 1768 §2 (part), 1796 §3 (part),1847 §2, 1857 §7, and 2005 §20, as
codified at TMC 18.104.010, allowing the Hearing Examiner to hear appeals regarding
placement of cargo containers, classified as a Type II decision; providing for
severability; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of November 1, 2004.
Jan' E. Cantu, CMC, City Clerk
Published Seattle Times: November 5, 2004