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Home My WebLink AboutOrd 2175 - Expansion of Houses in Non-Conforming Setback Restriction (Repealed by Ord 2625)City of'Tukwila Washington Cover page to Ordinance 2175 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF T'UKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1819 AND 2077, AS CODIF11.0 ATCHAPTER 18,70 OF TUMILA MUNICIPAL Co[M." 1 0 RESTRICT EXPANSION OF HOUSES INTO NON -CONFORMING SETBACKS;, PROVIDING FOR, SEVERABILITY; AM) ESTABIJSHING AN EFFEcr'IVE DATE. Ordinance 2175 was amended or repealed by the following ordinances. 111:4 REPEALED tion7(s7),Amendeid Amended by'Ord # ��tion(s),Repoaled, Repealed by Ord I I 7Sec 1 177 2518 2625 City of Tukwila Washington Ordinance No. 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1819 AND 2077, AS CODIFIED AT CHAPTER 18.70 OF THE TUKWILA MUNICIPAL CODE, TO RESTRICT EXPANSION OF HOUSES INTO NON CONFORMING SETBACKS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, limiting the expansion of single family structures that have legally non- conforming building setbacks will reduce the impact upon neighboring properties; and WHEREAS, on May 24, 2007, the City of Tukwila Planning Commission held a public hearing on proposed amendments that address non conforming residential setbacks, and has recommended the adoption of certain Zoning Code changes; and WHEREAS, the City Council held a public hearing on these proposed amendments July 16, 2007, after proper notice; and WHEREAS, after having received and studied staff analysis, the City Council believes that certain amendments to the City's development regulations are desirable; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance Nos. 1819 §1 (part) and 2077 §1, as codified at TMC 18.70.050, are hereby amended to read as follows: 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 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. C:\Documents and Settings\All Users\Desktop \Kelly\MSDATA \Ordinances \Non conforming Setbacks.doc NG:ksn 7/12/2007 Page 1 of 3 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 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 the ground floor only along the existing building line(s), so long as the existing distance from the nearest point of the structure to the property line is not reduced, and the square footage of new intrusion into the setback does not exceed 50% of the square footage of the current intrusion. 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; and b. The new construction does not threaten the public health, safety or welfare; 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. C:\Documents and Settings\All Users\ Desktop\ Kelly \MSDATA \Ordinances\Non conforming Setbacks.doc NG:ksn 7/12/2007 Page 2 of 3 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 COUNCIL Of THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this J day of LA (L-1 2007. ATTEST/ AUTHENTICATED: Jar `E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Cffice-of "the Cit4torney Steven M. Mullet, Mayor Filed with the City Clerk: 9-11 -Cl Passed by the City Council: h C^ Published: 7 /?-c)7 /9- Effective Date: "7-,2 i f 7 Ordinance Number: f C:\Documents and Settings\A11 Users\ Desktop \Kelly\MSDATA \Ordinances\Non conforming Setbacks.doc NG:ksn 7/12/2007 Page 3 of 3 SUMMARY OF ORDINANCE No. 2175 City of Tukwila, Washington On July 16, 2007, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2175, 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 NOS.1819 AND 2077, AS CODIFIED AT CHAPTER 18.70 OF THE TUKWILA MUNICIPAL CODE, TO RESTRICT EXPANSION OF HOUSES INTO NON CONFORMING SETBACKS; 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 Regular Meeting on July 16, 2007. jx,t4uL Ja E. Cantu, CMC, City Clerk Published Seattle Times: July 19, 2007