HomeMy WebLinkAboutOrd 2176 - Retaining WallsCover page to Ordinance2176
The full text of the ordinance follows this cover page.
Ordinance2176was amended or repealedby the following ordinances.
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Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord#
21, 22741
2678
City of Tukwila
Washington
Ordinance No. 2/ 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1758, AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTERS 18.06 AND 18.50, TO ALLOW
RETAINING WALLS UP TO FOUR FEET HIGH IN SETBACKS, AND
ALLOW RETAINING WALLS OVER FOUR FEET HIGH IN SETBACKS
UNDER CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, several different standards exist for determining whether retaining
walls can be located in required setbacks, which leads to confusion and in some cases
unusable yards; and
WHEREAS, allowing retaining walls and rockeries with up to four feet of exposed
face in setbacks would align zoning and building code requirements; and
WHEREAS, allowing retaining walls higher than four feet in setbacks may be
appropriate in certain circumstances; and
WHEREAS, on May 24, 2007, the City of Tukwila Planning Commission held a
public hearing on proposed amendments addressing the retaining wall issue 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, 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 desirable;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1758 §1 (part), as codified at TMC 18.06.800, is hereby
amended to read as follows:
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.
Section 2. TMC Chapter 18.50, "Supplemental Development Standards," is hereby
amended to add the following section:
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TMC 18.50.150 Retaining Wall Setback Waiver
Retaining walls with an exposed height greater than four feet may be allowed in
required front, side or rear yard setbacks 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.
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 five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF IUKWILA, WASHINGTON,
at a Regular Meeting thereof this 1 day of 2007.
ATTEST/ AUTHENTICATED:
C
Jane. Cantu, 6,4C, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Steven M. Mullet, Mayor
Filed with the City Clerk: 7- /1-07
Passed by the City Council: 7- 7
Published: -1 `1 G 7
Effective Date: 7- D 7
Ordinance Number: 027 7
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SUMMARY OF ORDINANCE
No. 2176
City of Tukwila, Washington
On July 16, 2007, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2176, 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.1758, AS CODIFIED AT TUKWILA
MUNICIPAL CODE CHAPTERS 18.06 AND 18.50, TO ALLOW RETAINING WALLS
UP TO FOUR FEET HIGH IN SETBACKS, AND ALLOW RETAINING WALLS OVER
FOUR FEET HIGH IN SETBACKS UNDER CERTAIN CONDITIONS; 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.
Jane E. Cantu, 'CMC, City Clerk
Published Seattle Times: July 19, 2007