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Home My WebLink AboutOrd 2077 - Sensitive Area Buffers - Exemptions for Some Structures (Repealed by Ord 2625)City of'Tukwila Washington Cover page to Ordinance 2077 The full text of the ordinance follows this cover page. AN ORDINANCE OFT HE C171"Y COUNCIL, OFTHE CITY OF TUKWILA, WASIIING'rON, AMENDINC. ORDINANCE NO., 1819 §1 (PART), PROVIDING EXEMPTIONS FOR SOME STRUCTURES AS THEY REL,A'TE TO SENSITIVE AREA. BUFFERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHIN G AN EFFECTIVE DAT E. Ordinance 2077 was amended or repealed by the following ordinances. J,1:10111: Settion(s) Amended, Amended by'Ord #, SetZion( s) Repealed Repealed by Ord 9 1 2175 2625 1 2518 LA tj 0 Jiq ?W'•. City of u i a Washington Ordinance No. 2077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1819 §1 (PART), PROVIDING EXEMPTIONS FOR SOME STRUCTURES AS THEY RELATE TO SENSITIVE AREA BUFFERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has established limitations on the expansion and extension of nonconforming uses and structures; and WHEREAS, single- family development may be affected by adoption of the new sensitive area regulations; and WHEREAS, TMC Section 18.70.050 contains an exemption under certain circumstances for structures that have nonconforming yard setbacks; and WHEREAS, it is appropriate to apply the same exemption found in Section 18.70.050 to nonconforming structures as they relate to sensitive area buffers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regulations Amended. Ordinance No. 1819, Section 1 (part), as codified at TMC Section 18.70.050, is hereby amended to read as follows: Chapter 18.70 NONCONFORMING LOTS, STRUCTURES AND USES 18.70.050 Nonconforming Structures 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, lot coverage, 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 may be enlarged or altered in such a way that increases its degree of nonconformity. Ordinary maintenance of a nonconforming structure is permitted, pursuant to TMC Section 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 replacement cost at time of destruction, in the judgment of the City's Building Official, it shall not be reconstructed except in conformity with provisions of this title, except that in the LDR zone, structures that are nonconforming in regard to yard setbacks or sensitive area buffers, but were in conformance at the time of construction may be reconstructed to their original dimensions and location on the lot. 3. Should such structure be moved 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 a nonconforming 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 Nonconforming Lots, Structures and Uses 18.70 12/10/04 Page 1 of 2 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. Residential structures and uses located in any single family or multiple- family residential zoning district and in existence at the time of adoption of this title shall not be deemed nonconforming in terms of bulk, use, or density provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions and bulk, but may not be changed except as provided in the non- conforming uses section of this chapter. 6. Single family structures in single- or multiple- family residential zone districts, which have legally nonconforming building setbacks, shall be allowed to expand along the existing building line(s) if the existing distance from the nearest point of the structure to the property line is not reduced. 7. In wetlands, watercourses and their buffers, existing structures that do not meet the requirements of the Sensitive Areas Overlay District chapter of this title may be remodeled, reconstructed or replaced, provided that: a. The new construction does not further intrude into or adversely impact an undeveloped sensitive area or the required buffer; b. The new construction does not threaten the public health, safety or welfare; and c. The structure otherwise meets the requirements of this chapter. 8. In areas of potential geologic instability, coal mine hazard areas, and buffers, as defined in the Sensitive Areas Overlay District chapter of this title, existing structures may be remodeled, reconstructed or replaced, provided that: a. The new construction is subject to the geotechnical report requirements and standards of Section 18.45.080E and 080F; b. The new construction does not threaten the public health, safety or welfare; c. The new 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. 9. A nonconforming use, within a nonconforming structure, shall not be allowed to expand into any other portion of the nonconforming structure. Section 2. 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 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCI OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this o5 day of 2004. ATTEST/ AUTHENTICATED: t t%� `tz f �G 6 L 1_, (7t (j' Steven M. Mullet, Mayor L Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: /2. ®g- oil APPROV O BY: Passed by the City Council:]2 13 Published: /2- 17. OLT Effective Date: 2. 22.04 Office of4rgtity orney Ordinance Number: 2 Nonconforming Lots, Structures and Uses 18.70 12/10/04 Page 2 of 2 SUMMARY OF ORDINANCE No. 2077 City of Tukwila, Washington On December 13, 2004, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2077, 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. 1819 §1 (Part), providing exemptions for some structures as they relate to sensitive area buffers; 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 a Special Meeting of December 13 2004. ,ts Jane E. Cantu, CAC, City Clerk Published Seattle Times: December 17, 2004 /b. /P/