HomeMy WebLinkAboutOrd 0889 - Grant Certain Functions to Board of Adjustment (Repealed by Ord 1758) t
CITY OF TUKWILA
WASHINGTON
ea,4ecf 9 7 DINANCE NO. 889 k
ORDINANCE AMENDING TITLE 18 OF THE TUKWILA
MUNICIPAL CODE GRANTING TO THE BOARD OF
ADJUSTMENT CERTAIN FUNCTIONS WHICH HAVE
PREVIOUSLY BEEN PERFORMED BY THE PLANNING
COMMISSION.
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
That Title 18 of the Tukwila Municipal Code be amended
to read as follows:
Section 1. That Section 18.56.090 be amended to read
as follows:
Apartments Exceptions or Modifications. The
Board of Adjustment may make an exception to any
of the requirements of Sections 18.56.020 and
18.56.030 upon showing by an applicant at a
public hearing of any unnecessary hardship or
practical difficulty constituting an unreasonable
deprivation of use as distinguished from merely
granting a privilege.
Section 2. That Section 18.56.130 be amended to read
as follows:
Places of Public Assembly Exceptions. The Board
of Adjustment may vary, waive or make exception to,
any of these requirements after a public hearing
if undue hardship in complying with any of the
provisions in Section 18.56.110 and 18.56.120 is
shown. In passing upon a variance or exception
the Board shall be limited to the following condi-
tions:
(1) That the proposed location of the parking facili-
ties shall be within the same block as the structure
to be used for public assembly, or on the opposite
side of the street or alley from the building sites,
and within the nearest intersecting streets, except
in a C -1 district and in the industrial districts,
where it shall be within one thousand feet, on premi-
ses zoned for business or industry;
(2) That the distance from the nearest point of the
building site to the nearest point of the parking
facilities is less than five hundred feet, except
in a C -i district;
(3) That the location of the parking facility will
not unduly adversely affect the use of the neigh-
boring property.
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Section 3. That Section 18.56.140 be amended to read
as follows:
Hospitals, convalescent homes or institutions. For
all hospitals, philanthropic or eleemosynary insti-
tutions hereafter erected, or for any buildings
converted to such use or occupancy, provision shall
be made for the parking of motor passenger vehicles
on the premises. One parking space shall be pro-
vided for each three hospital beds (less bassinets.)
For all convalescent homes hereafter erected, or for
any buildings converted to such use or occupancy,
there shall be provided on the premises one parking
space for each four patients.
The Board of Adjustment may vary any of the above
requirements, after a public hearing, under the
same limitations as are provided for places of public
assembly.
Section 4. That Section 18.56.160 be amended to read
as follows:
Office and Professional Buildings. All office and
professional buildings hereafter erected, and all
buildings converted to such use or occupancy shall
provide on the premises three and one -tent4 parking
spaces for each one thousand square feet of gross
floor area or four parking spaces for each one
thousand square feet of gross rentable area, except
basement space and other areas within the building
used for parking cars, or in districts C -P within
one thousand feet on premises zoned for commercial
or industrial uses.
The Board of Adjustment may vary any of these re-
quirements as is provided for places of public
assembly.___
Section 5. That Section 18.56.170 be amended to read
as follows:
Business or Commercial Buildings. All retail business
or commercial buildings hereafter erected, or any
building converted to such use or occupancy, except in
a C -P district, shall provide one off street parking
space for each four hundred square feet of gross floor
area or fraction thereof, except basement space and
other areas within the building used for parking cars,
for each business or commercial establishment within
the building. Such parking space shall be provided
on the premises or within one thousand feet, on prop-
erty zoned for business or industrial purposes or
approved by the Board of Adjustment.
The Board may vary any of these requirements as are
provided for places of public assembly.
Section 6. That Section 18.56.210 be amended to read
as follows:
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Business or Commercial Building Off Street Loading.
In district C -1 or C -2, 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.
In the C -2 and M -1 districts, for every building, struc-
ture, or part thereof, hereafter erected and occupied for
manufacturing, storage, warehouse, goods display, depart-
ment store, wholesale store, market, mortuary, laundry,
dry cleaning, or other uses similarly involving the re-
ceipt or distribution by vehicles, of materials or mer-
chandise, there shall be provided and maintained on the
premises adequate space for standing, loading and un-
loading services in order to avoid undue interference
with public use of the streets and alleys. Each space,
unless otherwise adequately provided for, shall consist
of a ten foot by twenty -five foot loading space with
fourteen foot height clearance for small trucks such as
pick -up trucks, and a ten foot by forty -five foot loading
space with fourteen foot height clearance for large
trucks, including tractor trailers.
The following table prescribes the number of spaces
required:
SQUARE FEET OF GROSS FLOOR AREA (Except Basement Area)
Number of Buildings for Retail and Department Store
Spaces Use, Manufacturing, Storage, etc.
1 Under 10,000
2 10,000 to 25,000
3 25,000 to 85,000
4 85,000 to 155,000
5 155,000 to 235,000
6 235,000 to 325,000
7 325,000 to 425,000
8 425,000 to 535,000
9 535,000 to 655,000
10 655,000 to 775,000
11 775,000 to 925,000
Office Buildings, Hotels, Hospitals and
Institutions
1 3,000 to 100,000 (excl.)
2 100,000 to 335,000
3 335,000 to 625,000
4 625,000 to 945,000
5 945,000 to 1,300,000
6 1,300,000 to 1,695,000
7 1,695,000 to 2,130,000
8 2,130,000 to 2,605,000
9 2,605,000 to 3,120,000
10 3,120,000 to 3,675,000
These requirements may be reduced by the Board of
Adjustment, upon appeal and after hearing, where the
Board finds that such reduction will not result in
injury to neighboring property nor obstruction of fire
lanes or traffic and will be in harmony_with the purposes
and intent of this chapter,
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Section 7. That Section 18.60.060 be amended to read
as follows:
Exemption to Height Requirements. Subject to the pro-
visions of this title, the Board of Adjustment may,
after public notice and hearing, and subject to condi-
tions and safeguards that will protect the appropriate
use of neighboring property, permit the erection of a
building or portion of a building to a height in excess
of the limits prescribed in this chapter.
Section 8. That Section 18.60.070 be amended to read
as follows:
Height Report by Aviation Department. Prior to final
action in such matters, the Board of Adjustment shall
request a report from the aviation department or other
departments which may be interested or affected with
reference to the possible effect of such height limita-
tions.
Section 9. That Section 18.60.080 be amended to read
as follows:
Residential Districts Modification of Front Yard
Requirements. In the R -1 to R -4 district, inclusive,
where the frontage upon the same block is occupied or
partially occupied by a building or buildings with front
yards, some or all of which are of less depth than re-
quired by this title, or where the topography of the
ground is such as to make compliance with the front yard
requirements impractical, the Board of Adjustment may
permit such modification of the front yard requirements
applicable to the remaining frontage upon the same side
of such street within the same block as is consistent
with the front yards already established.
Section 10. That Section 18.60.090 be amended to read
as follows:
Residential Districts Lot Depth Restriction. In the
R -1 to R -4 districts, inclusive, where the frontage upon
the same side of the street within a block is occupied
or partially occupied by a building or buildings with
front yards, all of a greater depth than required by
this title, no other lot on the same side of the street
within the same block shall be occupied by a building
with a front yard of less depth than the least depth
of any such existing front yard, except after a hearing
and permission by the Board of Adjustment, and except
where a recorded plat has been filed establishing
front building lines or front yard requirements which
are of equal or greater depth than the depth required
by this title, any building may be built to these es-
tablished building lines or front yard requirements.
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Section 11. That Section 18.68.040 be amended to read
as follows:
Extension of Use to Portion of Building Structural
Change of Nonconforming Building. The extension of
a lawful nonconforming use to any portion of a build-
ing, which portion was arranged or designed for such
legal nonconforming use on December 23, 1957, shall
be permitted, provided no structural alterations are
made.
A building arranged or designed for or devoted to a
lawful nonconforming use on December 23, 1957 may not
be extended or enlarged or structurally altered unless
the use of such building is changed to a conforming
use, or except by special permit from the Board of
Adjustment in case of evident hardship. Such extension
shall not exceed twenty -five percent of the ground area
of the original building.
Section 12. That Section 18.68.060 be amended to read
as follows:
Resumption of Discontinued or Abandoned Use Desig-
nated.
(a) A lawful nonconforming use, when discontinued or
abandoned, shall not be resumed. Discontinuance or
abandonment shall be defined as follows:
(1) When unimproved land used as a lawful noncon-
forming use ceases to be used in a bona fide manner
for six consecutive calendar months;
(2) When a building designed or arranged for a non-
conforming use ceases to be used in a bona fide manner
as a lawful nonconforming use continuously for a period
of twenty -four consecutive calendar months;
(3) When a building designed or arranged for a con-
forming use ceases to be used in a bona fide manner as
a lawful nonconforming use for a period of twelve con-
secutive calendar months.
(b) Upon evidence of hardship, the Board of Adjustment
shall have the power to extend the above time limits
not to exceed six months.
Section 13. That Section 18.72.010 be amended to read
as follows:
(Variances) Criteria for granting. To authorize upon
appeal in specific cases such variances from the pro-
visions of the zoning ordinance ("Tit le?r 18, Tukwila
Municipal Code) or other land use regulatory ordinances
as the City may adopt, which will not be contrary to the
public interest; but only where owing to special condi-
tions, a literal enforcement of the provisions of such
ordinance(s) would result in unnecessary hardship. A
variance from the provisions of such ordinance(s) shall
not be granted by the Board of Adjustment unless the
Board 1 Adj. 1 finds that 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, and
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(2) That such variance is necessary, because of
special circumstances relating to the size, shape,
topography, location, or surrounding of the subject
property, to provide it with use rights and privi-
leges permitted to other properties in the vicinity
and in the zone in which the subject property is
located, and
(3) That the special conditions and circumstances
do not result from the actions of the applicant,
and
(4) That the granting of such variance will not be
materially detrimental to the public welfare or in-
jurious to the property or improvements in the vicinity
and in the zone in which the subject property is situated;
(5) The authorization of such variance will not
adversely affect the implementation of the comprehensive
land use plan;
(6) That the granting of such a variance is necessary
for the preservation and enjoyment of a substantial
property right of the applicant possessed by the own-
ers of other properties in the same zone or vicinity.
Section 14. That Section 18.72.020 be amended to read
as follows:
Conditions for Granting Extension. In authorizing
the variance, the Board of Adjustment may attach
thereto such conditions that it deems to be necessary
or desirable in order to carry out the intent and pur-
poses of this chapter and in the public interest. A
variance so authorized shall become void after the
expiration of one year or longer period as specified
at the time of the Board of Adjustment action, if no
building permit has been issued in accordance with the
plans for which such variance was authorized, except
that the Board of Adjustment may extend the period of
variance authorization without public hearing upon a
finding that there has been no basic change in pertinent
conditions surrounding the property since the time of
the original approval.
Section 15. That Section 18.72.030 be amended to read
as follows:
Application Fee. An application to the Board of
Adjustment for the issuance of a variance may be made
by any property owner, tenant, authorized agent or
any government officer, department, board of bureau
affected. Such application, together with all plans,
specifications and other papers pertaining to the
application, shall be filed with the city clerk. Each
application shall be accompanied by receipt to the
City treasurer showing payment by the applicant of a
fee of seventy -five dollars.
Section 16. That Section 18.72.040 be amended to read
as follows:
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Application Hearing Notice. When an application
for a variance has been filed in accordance with
the provisions of this title, the chairman of the
Board of Adjustment shall set a date for hearing the
same. Notice of such hearing shall be given not less
than fifteen days prior to the date of such hearing
by publication and by posting not less than four
placards in conspicuous public places within three
hundred feet of property concerned, and by mailing
written notice to owners of properties in the same
block front, in the block front facing across a
street, alley or public place using for this purpose
property ownership records of the county treasurer,
and to the applicant personally or by mail.
Section 17. That Section 18.72.050 be amended to read
as follows:
Application Hearing Decision. The Board of
Adjustment shall decide all applications at a public
hearing not later than forty -five days after the filing
of an application.
Section 18. That Section 18.72.060 be amended to read
as follows:
Board Decision Final. The action of the Board of
Adjustment in granting or denying the application for
a variance shall be final and conclusive, unless,
within ten days from the date of the action, the origi-
nal applicant or an adverse party makes an application
to the Superior Court of King County for a writ of
certiorari, a writ of prohibition, or a writ of
mandamus.
Section 19. That Section 18.88.010 be amended to read
as follows:
Petition. Any person or persons jointly or severally
aggrieved by any decision made by a city official in
the administration or enforcement of the provisions
of this title may present to the Board of Adjustmsnt
a petition, duly verified, requesting Board of
Adjustment review of such decision and its findings.
Such petition shall be presented to the Board of
Adjustment within thirty days after the decision of
the city official.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, And approved by the Mayor at a regular meeting thereof
y
this day of 41' 1974.
Mayor
Attest:
Approved as to Form: 4
Cit i Clerk
ty Attorney
Published: /io /ir e, /rr,es /10/7