HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 09/19/2005 Planning & Economic Development
Committee Agenda
Councilmembers: RonHarmon.Bruce White-Tim Clark, Chair
WnS H_I.N GTO n__
September 19,2005
4:00 p.m.
Item Description Action Speaker Time Page
1. Approval of the Minutes of 8/151,05 YES 1 Min 1
2. Zoning Code Amendment#ZCA-2005-3 YES Damien Hooper 20 Min 3
Commercial Motor Vehicles in Residential
Zoning Districts.
3. Zoning Code Amendment;#ZCA-2005-7 YES Damien Hooper 10 Min 35
Shipping Containers in Residential
Zoning Districts.
4. Growth Management Hearings Board NO Kim Adams Pratt 10 Min 63
Decision on Recent Urban Density Case
City of Bothell
Unless otherwise noted,the Planning and Economic Development Committee meets the 3`d Monday of
each month at 4:00 p.m. in Council Chambers East,Kent City Hall, 220 4th Avenue South, Kent,98032-
5895. For information on the above items,the City of Kent's Website can be accessed at
http://www.ci. cut.wa".us/CiyCCouncil/committees/plannino.as or contact Pamela Mottram or the
respective project planner in Planning Services at(253) 856-5454.
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Any person requiring a disability accommodation should contact the City Clerk's Office at
(253)856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay
Service at 1-800-833-6388.
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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
• AUGUST 15,2005
Committee Members: Chair Tim Clark, Ron Harmon,Bruce White
The meeting was called to order by Chair Clark at 4:00 P.M.
Approval of Minutes
Member White moved and Member Harmon seconded a motion to approve the minutes of
June 20, 2005. Motion Passed 3-0.
ZCA 2005 6 Townhouse Ownership Options in MR-T Zoning Districts
Planning Manager Charlene Anderson gave a brief synopsis on this proposal, indicating that the
Land Use and Planning Board recommended approval of this amendment. Community
Development Director Fred Satterstrom stated that this amendment helps to create a mechanism
to ensure ownership more than the condominium actually does.
After deliberations with staff, Member Harmon moved to recommend approval of ZCA-2005-6
amending Chapter 15 of the Kent City Code to provide for ownership options in the MR-T
Multifamily Residential Townhouse District as recommended by the Land Use and Planning
Board. Member White seconded the motion. Motion Passed 3-0.
ZCA 2005-4 Multifamily Dwelling Units in MR-T Zones in Downtown Districts
Ms. Anderson stated that this amendment provides for stacked dwelling units in addition to
townhouses in the MR-T zones in downtown. This is more reflective of the City's goals to
increase residential density in downtown. She stated that the Land Use and Planning Board
recommend approval.
. Member White moved to recommend approval of ZCA-2005-4 amending Chapter 15 of the Kent
City Code to allow multifamily dwelling units in the MR-T Multifamily Residential Townhouse
districts located in downtown districts as recommended by the Land Use and Planning Board.
Member Hannon seconded the motion. Motion Passed 3-0.
ZCA-2005-5 Processing of Applications for Rezone
Ms. Anderson stated Kent's Hearing Examiner proposed this amendment to clarify that rezones
could be processed separately or simultaneously with other types of land use applications such as
a plat.
Member Harmon moved to recommend approval of ZCA-2005-5 amending Chapter 12 of the
Kent City Code regarding the processing of applications for a rezone as recommended by the
Land Use and Planning Board. Member White seconded the motion. Motion Passed 3-0.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Ms. Anderson stated that this proposed amendment is intended to clarify an existing code, and is
a recommendation to limit the storage and parking of commercial motor vehicles in residential
zoning districts including single family and multifamily zones. Ms. Anderson stated that the
police department regulates on-street parking of these types of vehicles, but this issue relates to
semi-truck and trailers, and tractors parked on private residential property. She stated that the
Land Use and Planning Board recommended approval by a 5-1 vote.
Community Development Director Fred Satterstrom explained why he and the City's Code
Enforcement Officer Brian Swanberg believes this issue to have become problematic in the
recent past, citing visibility, public safety and noise issues. Member White requested additional
infonnation on the number and location of complaints.
After deliberations, Member Harmon moved to recommend approval of ZCA-2005-3 amending
Chapter 15 of the Kent City Code to limit storage and parking of commercial motor vehicles in
residential zoning districts as recommended by the Land Use and Planning Board. Chair Clark
seconded the motion. Motion Passed 2-1 with Member White opposed.
ZCA 2005 7 Shipping Containers in Residential Zoning Districts
Ms. Anderson stated that this proposal attempts to limit the placement of shipping containers in
residential zoning districts; and clarifies the interpretation of an existing code. This amendment
would exempt containers collecting debris or accepting household goods for moving as long as
the container is on the property for less than 72 hours. Ms. Anderson stated that the Land Use
and Planning Board voted for unanimous approval of this amendment.
The Committee discussed their concerns with staff and opted to defer this amendment to another
meeting until staff can obtain further information as requested.
Ms. Anderson stated that staff proposes sending to Council the amendments that passed
unanimously as ordinances under the Consent Calendar and the one amendment not passing
unanimously would go to City Council under Other Business. The Committee concurred.
Growth Management Hearings Board Decisions on Urban Density
Assistant City Attorney Kim Adams Pratt presented information from a memo prepared by the
Legal Department describing two "Recent Urban Density Cases—Normandy Park and Issaquah
From the Central Puget Sound Growth Management Hearings Board' (GMHB). Ms. Pratt
stated that these two decisions show us how the GMHB will analyze our urban densities to
determine if they are appropriate under the Growth Management Act.
Ms. Pratt said that the City of Kent is before the GMHB regarding the urban density issue,
stating that the City of Kent's Comprehensive Plan Update was appealed by 1000 Friends of
Washington(now known as Futurewise).
Ms. Pratt discussed six questions with the Committee, referred to in her memo, that the GMHB
would ask each city that comes before it on the urban density issue. Ms. Pratt stated that while
planning staff has been going through the City's urban density study, the City's Legal
Department and Futurewise have been obtaining extensions from the GMHB on the case
schedule.
Ms. Pratt and Planner Gloria Gould-Wessen addressed Chair Clark's concerns with respect to
density issues along Kent's steep slopes and relinquishment of development rights.
Ms. Pratt stated that the Land Use and Planning Board has scheduled public hearings for
August 22, and September 12, 2005, on the urban density issue. She stated that legal briefs in
the GMHB case are not due until September and the Legal Department is negotiating with
Futurewise for another 90 day extension. If the extension is not granted, the City would end up
before the GMHB defending the densities in Kent's Comprehensive Plan without any changes
that may be adopted as a result of the urban density study. Ms. Pratt stated that the GMHB
would decide if the current Comprehensive Plan meets GMA requirements for accommodating
urban densities. If the GMHB decided against the City, staff would have been completing the
Urban Density Study and Council's decisions on density designations could be presented to the
GMHB for the Board's determination as to whether the new densities comply with the Growth
Management Act.
Adiournment
Chair Clark adjourned the meeting at 5:00 p.m.
Pamela Mottram,
Admin Secretary, Planning Services
S.,TermitlPian Tlanning Committee120051MinuwIO81505min.doc
P&EDC Meeting Minutes—8/15/05
Page 2 of 2
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom,AICP,Director
PLANNING SERVICES
KENT Charlene Anderson,AICP,Manager
W,s H „G,o I Phone:253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
September 12, 2005
TO: Chair Tim Clark and Planning & Economic Development Committee Members
FROM: Damien Hooper, Planner
RE: Zoning Code Amendment#ZCA-2005-3/KIVA RPP6-2052401
Commercial motor vehicles in residential zoning districts.
MOTION: I move to approve/deny/modify Zoning Code Amendment#2005-3, as
recommended by the Land Use &Planning Board.
SUMMARY: On September 6, 2005 the City Council remanded to the Planning & Economic
Development Committee the proposal to amend Kent City Code to limit the storage and parking
of commercial motor vehicles in residential zoning districts. On August 15, 2005 the Planning&
Economic Development Committee had voted 2:1 to approve the Land Use & Planning Board
recommendation of approval of the proposal, albeit with a request for staff to provide additional
information related to the number of complaints the City has received on this issue.
BUDGET IMPACT: None
BACKGROUND: The City's Zoning Code recognizes the need of all legitimate uses of land to
be protected from other uses which are unrelated or incompatible (KCC 15.01.020.C.2). The
City has received a number of complaints related to parking of commercial motor vehicles in
residential neighborhoods. Commercial motor vehicles present an incompatibility with
residential uses on several levels, including noise, visual blight, and safety issues.
Current Home Occupation regulations (KCC 15.08.040) typically disallow outdoor storage in
conjunction with a home-based occupation. However, where no home-based occupation is being
conducted, the code does not specifically disallow the parking/storage of commercial motor
vehicles. Their prohibition has been enforced by interpretation of the Planning Manager.
The Planning & Economic Development Committee and Land Use & Planning Board previously
recommended the following code amendments:
KCC 15.08.085: Commercial motor vehicles are not permitted to be parked on residentially-
zoned property unless actively loading or unloading goods or unless approved through a Home
Occupation permit or other land use permit. "Commercial motor vehicles" include: 1) vehicles
used in a commercial enterprise which exceed 19 feet in length; and 2) truck tractors used in the
drayage of semi-truck trailers.
KCC 15.02.XXX: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer
propelled or drawn by mechanical power used on highways, or any other vehicle required to be
registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer,
or semitrailer operated exclusively on a rail.
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The SEPA Responsible Official has detennined the proposed amendments are procedural in
nature and categorically exempt from environmental review.
Planning staff and the City's Code Enforcement Officer will be present at the Committee
meeting to answer questions about this proposal. Also included in the Committee's packet are
copies of relevant regulations from other cities.
CAIDHIpm S:IPermifiPlanIZONECODEAMEND1200512052401-2005-3pedc091905.doc
Encl.. Code excerpts from Puyallup,Auburn,Redmond,Bellevue,Renton, Tacoma. Tukrcila,AIRSC research
cc'. Fred N.Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Mgr
Kim Marousek,Principal Planner
Damien Hooper,Planner
Project File
Parties of Record:
Barry N.Bender Jr.,Ms.Margaret Bauer,Ms.Tanya Reeves,Robert Bray
Page 1 of 5
Title 20 ZONING CODE f�� L
20.20.040 Performance standards - RS zones.
The following special requirements and performance standards shall apply to
properties located in the RS zones, except as otherwise authorized through
approval of a planned development:
(1) Panhandle Lot Setbacks. For panhandle lots, yard setbacks shall be as
specified in Table 20.20.020. Alternatively, all structures on a panhandle lot may
maintain a minimum 15-foot setback from all property lines.
(2) Required Landscaping. Required front and street side yards shall be
landscaped. All required landscaping shall be maintained in a neat condition.
(3) Outdoor Storage of Vehicles. The personal, noncommercial outdoor storage
of vehicles and vehicle accessories is permitted in the RS zones, provided the
following standards are met. For purposes of this section, "storage" means the
keeping of such vehicles and accessories on any portion of any parcel of property
for a period of 72 continuous hours.
(a) Recreational Vehicles. Where a rear yard is reasonably accessible or a side
yard is of sufficient size to accommodate the recreational vehicle, said recreational
vehicle shall not be stored in the front yard of a lot. In no instance shall a
recreational vehicle be stored such that any portion of the vehicle encroaches upon
a site distance area established by subsection (10) of this section; nor shall a
recreational vehicle be stored on or overhang a public right-of-way. If located
within a required front or street side yard, the storage area for a recreational
vehicle shall be improved with a durable and dustless surface.
(b) Inoperable Vehicles and Motor Vehicle Accessories. No more than two
inoperable vehicles may be stored on a lot. The outdoor storage of inoperable
vehicles, or parts thereof, and vehicle accessories such as camper shells and
equipment trailers shall be screened from neighboring properties and public rights-
of-way and prohibited from required front and street side yards.
(c) In no event shall any RS-zoned property be used for the purpose of storing
for any period of time any vehicle having more than two axles or exceeding 84
inches in width, and intended for commercial use such as a truck tractor, truck
trailer or other truck, unless such vehicle is stored within a building or is otherwise
screened so as not to be visible from another property or from any public right-of-
way.
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10.36.190 Parking of semitrailers,truck tractors,trailers,boats,camping trailers and motorhomes on a public
roadway or public right-of way,including all residential districts within the city of Auburn.
A. Semitrailers Not Attached to Truck Tractor.Any semitrailer parked on a public roadway or in the public right-of-way
within the city limits of Auburn, including all residential districts, which are not attached and fully engaged onto a truck
tractor used primarily for drawing a semitrailer is prohibited and shall be an infraction punishable by a monetary penalty not
to exceed$250.00. The monetary penalty provided for by this section may be forfeited, or a contested or mitigated hearing
may be requested,as authorized by law.
B. Semitrailer Attached to the Truck Tractor.No semitrailer that is attached and fully engaged onto a truck tractor used
primarily for drawing a semitrailer shall be parked on a public roadway or in the public right-of-way in a residential district
in the city for a period exceeding one hour's continuous time,except for the expeditious loading or unloading of articles and
materials. This includes the truck tractor without the trailer. Parking of the truck tractor without the semitrailer is also
prohibited.
C. Boats, Boat Trailers, Utility Trailers, RV Trailers, or Any Other Licensed Trailer. Any boat, boat trailer, utility
trailer, RV trailer, or any other licensed trailer not included in subsections A or B of this section that is parked on a public
roadway or in the public right-of-way in all residential districts is prohibited, except when the trailer is attached and fully
engaged to the towing vehicle. If the trailer is attached and fully engaged to the towing vehicle, it may not be parked on a
public roadway or in the public right-of-way for more than 24 hours.
D. Motorhomes. Motorhomes may be legally parked on a public roadway or in the public right-of--way in all residential
districts for no more than 24 hours.
E. All Vehicles Not Included in Subsection A, B, C or D of This Section. Any vehicle not included in subsection A,B,
C or D of this section which exceeds seven and one-half feet in width or exceeds 20 feet in length is prohibited from parking
on a public roadway or in the public right-of-way in all residential districts in the city for a period exceeding one hour's
continuous time except for the expeditious loading or unloading of articles and materials.(Ord. 5492§ 1,2001.)
10.36.200 Leaving unattended vehicle.
No person having control or charge of a motor vehicle shall park or angle park such vehicle on any street unattended without
first setting the brakes and stopping the motor of the vehicle and,when parked upon a perceptible grade,without turning the
wheels of such vehicle to the curb or the side of the street or highway, so that in the event of release of the brakes such
vehicle will not move.(Ord.5212§ 1 (Exh.F), 1999; 1957 code§9.22.070.)
10.36.205 Parking in unlicensed vehicle.
A. It is a violation of this section to stop,stand or park a vehicle on a street,highway,alley or public property within the
city limits of the city unless such vehicle possesses a proper and current vehicle license plate or plates, and such plate or
plates are properly mounted thereon in accordance with the State of Washington Department of Licensing rules and
regulations.
B. It is a violation of this section to stop,stand or park a vehicle on a street,highway,alley or public property within the
city limits of the city with switched license plates or switched license plate tabs (license plates/tabs belong on another
vehicle).
C. It is a violation of this section to stop,stand or park a vehicle on a street,highway,alley or public property within the
city limits of the city without current,properly displayed month and year license tabs.
D. Penalty. Any violation of this section shall be an infraction and punishable by a monetary penalty of$86.00. (Ord.
5841 § 1,2004;Ord. 5724§2,2002;Ord.5212§ 1 (Exh.F), 1999;Ord. 5110 §2, 1998;Ord.4172 § 1, 1986.)
10.36.210 Parked vehicle obstructing roadway.
It is unlawful for any person to stop,park or angle park any vehicle upon a street in such a manner or under such conditions
as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic, except temporarily
during the actual loading or unloading of passengers, or when necessary to avoid traffic conflict, or in obedience to traffic
regulations or traffic signs or signals or a police officer.(Ord.5212§ 1 (Exh.F), 1999; 1957 code§9.22.090(A).)
10.36.220 Parking in alleys.
When,under the provisions of this chapter, it is unlawful to park in an alley,it is unlawful for any person to stop or park in
such alley any noncommercial vehicle,except for loading or unloading purposes,for periods in excess of five minutes,unless
a written permit first is secured from the chief of police. *Commercial N*vehicles N may stop or park in such restricted
areas for loading or unloading purposes only.(Ord.5212§ 1 (Exh.F), 1999; 1957 code§9.22.090(B).)
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From Redmond:
20C.30.75 Outdoor Storage in Residential Zones.
20C.30.75-010 Purpose.
The purpose of the residential outdoor storage regulations is to ensure that
adequate opportunity is allowed for the outdoor storage of vehicles and materials
in residential zones while not impacting the character and uses intended for
residential zones in Redmond. (Ord. 2149; Ord. 1901)
20C.30.75-020 Requirements.
(1) Limitations. Outdoor storage is prohibited in all residential zones except when
the items stored are customarily associated with and accessory to the use of the
dwelling and comply with the requirements of RCDG 20C.30.75.
(2) Allowed Outdoor Storage. Items customarily associated with the residential
use of a dwelling may be stored outside provided the following conditions are
met:
(a) Outdoor storage may only take place outside of the front yard setbacks, side
yard setbacks, waterfront building setbacks, slopes greater than 15 percent,
designated open spaces or recreational areas, sensitive areas, sensitive area
buffers, and floodways.
i (b)Except for vehicles allowed under RCDG 20C.30.60-030 or subsection(3) or
(4) of this section,outdoor storage shall not be visible from a public or private
street. Fences or screening may be used to ensure that an outdoor storage area is
not visible from the street.
(c) Outdoor storage areas shall not prevent emergency access to the residence or
any outbuilding.
(d) Outdoor storage shall not cover more than 200 square feet of land area.
(e)Materials stored outdoors shall not attract pests or vermin and shall not be
dangerous.
(f)Except for motor vehicles allowed under RCDG 20C.30.60-030 or subsection
(3) or(4) of this section,materials stored outdoors shall not be owned by or used
in any business or industry including a home business.
(g) Except for vehicles allowed under RCDG 20C.30.60-030 or subsection(3)or
(4) of this section,materials stored outdoors shall not exceed a height of six feet
nor shall they be stacked or stored higher than six feet.
(3) Recreational and Utility Vehicles. See RCDG 20D.130.10-050, Parking and
Storage of Recreational/Utility and Commercial Vehicles in Residential
Neighborhoods.
(4) Commercial Vehicles.
(a)Allowed Commercial Vehicles.
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(i)Within a residential zone,no more than one commercial vehicle may be parked
on a lot(s) occupied by a residence or on a street(s)adjoining the residence.
Where a lot includes more than one residence, one commercial vehicle may be
parked on the lot(s) or an adjoining street for each residence.Notwithstanding this
provision, where an accessory dwelling and a primary dwelling occupy one or
more lots, only one commercial vehicle may be parked on the lot(s) occupied by
the residences or on the street(s)adjoining the residences.
(ii)Only residents may park a commercial vehicle within a residential zone. The
commercial vehicle shall only be parked on the lot(s)occupied by the commercial
vehicle user or a street which adjoins the user's residence.
(iii)The commercial vehicle shall be operable.
(iv) Other than cleaning the commercial vehicle, maintenance and repairs shall
not be performed on the commercial vehicle within a residential zone except on
the premises of a home business which meets the requirements of RCDG
20C.30.60-030(12).
(v) The commercial vehicle shall not be parked or stored on a lawn or in any
landscaped area.
(b)Prohibited Commercial Vehicles. Except as provided in subsection(4)(c) of
this section,truck tractors,truck tractor trailers, vehicles over 10,000 pounds
gross weight, and commercial vehicles which do not comply with this subsection
(4) shall not be parked or stored within a residential zone.
(c)Vehicles used in a business may be parked in a residential zone when making
pickups or deliveries or being used in conjunction with the performance of a
service on property within a residential zone. (Ord. 2149; Ord. 1901)
20C.30.60-030 Requirements.
The following standards shall apply to all home businesses.An applicant wishing to apply for a
business license for a home business must demonstrate compliance with these standards prior to
obtaining a business license.
(1)Location.A home business shall be carried on wholly within the principal building or within an
accessory structure. No home business nor any storage of goods, materials,or products
connected with a home business shall be allowed outside of the principal building or
accessory structure,except as allowed for family day care providers.Where an accessory
dwelling unit exists,a home business may be conducted in either the primary dwelling unit or
the accessory dwelling unit but not both.
(2)Number. No more than one home business shall be permitted within any single dwelling unit,
including an accessory dwelling unit and all accessory structures.
(3)Size. No more than 25 percent of the gross floor area of the principal dwelling unit may be
used for the home business. In the case of home businesses being conducted within
accessory structures or detached accessory dwelling units,there shall be no size restriction
placed upon the usable area for the home business.
(4)Residency.A home business must be conducted by a family member who resides in the
dwelling unit. Floor space in either the primary dwelling unit or an accessory structure may
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not be rented out to persons not residing within the primary dwelling unit or accessory
dwelling unit for business purposes. No more than one person outside the family group that
resides on the premises shall engage in the business and be located on the premises.
(5)Restricted Materials. No toxic, explosive,flammable, combustible, corrosive,etiologic,
radioactive,or other restricted materials shall be used or stored on the site.
(6)Maintaining Residential Character.The business shall be conducted in a manner which will
not alter the normal residential character of the premises by exterior alteration of the property,
expansion of parking,construction, creation of a separate entrance,the use of color,
materials, lighting,signs(other than on the applicant's vehicle), exterior storage of materials,
goods or merchandise,or by the emission of sound,electric interference, vibration, dust,
glare, heat, smoke, odors or liquids.
(7) Business Traffic.Visitors,customers,deliveries or other business traffic shall be limited to two
visitors per hour and eight per day, and shall not require additional parking spaces.
(8)Vehicles. Vehicles larger than 10,000 pounds gross weight shall not be operated out of the
premises or park on the property or adjacent streets. No more than one vehicle used in the
business may be parked on the premises or operated out of the premises.
(9) Parking. The home business shall not displace or impede the use of required parking spaces
for primary or accessory dwelling units.
(10)Utility Demand. Utility demand (water, sewer,electricity,garbage or natural gas)shall not
exceed normal residential levels.
(11)Applicable Codes. Structures must meet City building, construction,fire and land use
regulations.
(12)Motor Vehicle Related Home Businesses.
(a)Office-only activities for motor-vehicle related uses may be allowed as home businesses
provided all other requirements of this section are met.
(b)Office-only motor vehicle related home businesses and stock-in-trade within the residence
may be allowed provided that the following activities related to the office use are
performed at other locations:washing and waxing, paint striping and detail application,
window repair or replacement and repairing and tuning of boats.
(c)Except as provided in RCDG 20C.30.60-030(9)and subsection (12)(b)above and for
businesses legally licensed as such within the City of Redmond as of June 14, 1995, no
motor vehicle related businesses shall be allowed as home businesses including, but not
limited to:auto, truck, or heavy equipment repair; body work,welding,detailing,or
painting;or taxicab,van shuttle, limousine,or other transportation services.
(13) Family Day Care Providers.
(a)Family Day Care Providers are permitted as home businesses.All other day care
providers are prohibited in all residential zones except the R-20 and R-30 zones. The
Family Day Care Provider shall not care for more than 12 children at any time.
(b)Family Day Care Providers may operate from 5:30 a.m.to 9:00 p.m.
(c) Family Day Care Providers shall comply with all Building, Fire, Safety, Health Codes,and
all applicable development standards.
(d)Family Day Care Providers shall obtain a business license and maintain the use license
as long as the use operates.
(e) Family Day Care Providers shall obtain all required State approvals.
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(f)Before beginning operation,the State Department of Licensing shall certify that the
proposed Family Day Care Provider will have a safe passenger loading area.
(g)The other requirements of this section shall not apply to Family Day Care Providers. (Ord.
1901)
20D.130.10-050 Parking and Storage of Recreational, Utility and Commercial Vehicles in
Residential Neighborhoods.
(1) Purpose.The intent of this section is to define permitted locations for the parking of
recreational, utility and commercial vehicles within residential areas of the City such that
neighborhood quality and character are maintained.
(2)Exemptions. Pickup or light trucks, 10,000 pounds gross weight or less,with or without a
mounted camper unit,which are primarily used by the property owner for transportation
purposes are exempt from this section.
(3)Recreational and Utility Vehicles—Requirements.
(a) General Requirements.Vehicles may be parked in any area which is either residentially
zoned or used for residential purposes, including City Center, provided the following
conditions are met:
(i)Vehicles shall not intrude into a right-of-way or access easement or obstruct sight
visibility from adjacent driveways, rights-of-way or access easements.
(ii)Recreational vehicles shall be operable and maintained in a clean, well-kept state that
does not detract from the appearance of the surrounding area.
(Ili) Recreational vehicles equipped with liquefied petroleum gas containers shall meet the
standards of the Interstate Commerce Commission.Valves or gas containers shall be
closed when the vehicle is stored,and, in the event of leakage, immediate corrective
action must be taken.
(iv)Vehicles shall not be parked in a waterfront building setback,on slopes greater than
15 percent, in designated open spaces or recreational areas, in sensitive areas, in
sensitive area buffers, or in Floodways.
(v)Recreational vehicles may be occupied on a temporary basis not to exceed 30 days
within one calendar year.
(vi)Unless the Uniform Building Code or Uniform Fire Code dictate otherwise, there shall
be no minimum building separation for recreational and utility vehicles.
(vii)Screening Requirements.
(A)Vehicles parked on the side or rear of a residential property must be sight
screened from the closest abutting street right-of-way when the vehicle is not
parked perpendicular to the right-of-way.
(B)Type I landscaping or an equivalent method as determined by the Code
Administrator that meets the intent of this section shall be used.
(C) Other screening may be required at the discretion of the Code Administrator.
(b) Permitted Parking Locations. A vehicle may be located in the following areas listed in
order of priority, provided the general requirements of subsection (3)(a)of this section are
met:
(i)Within a vented garage or carport;
(ii) In a side or rear yard;
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(iii)Within a front yard on a driveway only, parked perpendicular to the right-of-way. See
Appendix 20D-3, Construction Specification and Design Standards for Streets and
Access;
(iv) In other locations if determined by the Code Administrator to be less obtrusive than the
above locations. Screening the recreational vehicle with landscaping,fencing or a
combination of the two may be required to meet this standard;
(v) If none of the above locations are feasible,the recreational/utility vehicle must be
stored off-site.
(c) Effective Date. Notwithstanding any other provision of this section, for a maximum two-
year period from the effective date of the first ordinance codified in this subsection,a
recreational or utility vehicle which was owned and was being parked on a property by the
occupant of the property on the effective date of this ordinance may continue to be
parked; provided,that all such vehicles must be in compliance with all relevant
requirements in effect prior to the adoption of the revisions.
(4)Truck Tractors and Trailers, Large Commercial Vehicles. Parking of commercial vehicles over
10,000 pounds gross weight is prohibited in residential areas. (Ord. 2149; formerly
20C.20.150(25))
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Bellevue Code
Commercial Vehicles. Any vehicle with or without identifying commercial signage which
is used primarily for a commercial purpose. (Ord. 3985, 2-21-89, § 5)
20.20.192 Commercial vehicles in residential land use districts.
Commercial vehicles are not permitted to be parked overnight on residential properties
unless approved through a Home Occupation Permit. "Commercial vehicles" include: 1)
vehicles used in a commercial enterprise which exceed 19 feet in length; and 2) truck
tractors used in the drayage of semi-truck trailers. (Ord. 5089, 9-15-98, § 14)
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- ''Title X TRAFFIC Page 1 of 17
10-10-12 OVERNIGHT PARKING OF CERTAIN VEHICLES
PROHIBITED:
It shall henceforth be unlawful to park within any residential zone (SR-1, SR-2, R-1
through R-4,T and G)within the City from the hours of nine o'clock(9:00) P.M. to six o'clock(6:00)
A.M. the following types of vehicles:
A. All types trailers designed to be drawn by a motor vehicle except recreation trailers.
B. Buses and trucks used for business purposes in whole or in part excluding pickup or panel trucks
of less than one ton rated capacity. (Ord. 3428, 4-28-80; amd. Ord. 4271, 6-18-90)
10-10-13 PARKING OF CERTAIN COMMERCIAL VEHICLES OR
VEHICLES OVER TWELVE THOUSAND POUNDS GROSS VEHICLE
WEIGHT REGULATIONS:
A. Parking; Residential Developments: It shall be unlawful to park any commercially licensed or any
vehicle over twelve thousand (12,000) pounds gross vehicle weight on any public right-of-way
in which all of the adjacent structures are occupied as residential dwellings. Adjacent
structures shall mean those structures on the same side of the right-of-way as the area for
parking and within the same block.
B. Existing Commercial Developments: On any public right-of-way in which not all of the adjoining
structures are developed and occupied as residential units but there are existing developed
commercial or business occupancies, parking will be permitted for commercial vehicles or
vehicles above twelve thousand (12,000) pounds gross vehicle weight only on that portion of
the public right-of-way abutting developed commercial or business property. For purposes of
this Section, public right-of-way abutting commercial property shall mean that public right-of-
way bounded by lines created by the commercial property line extended to where they
intersect the public right-of-way and on the same side of the public right-of-way as the
commercial property.
C. Hours: Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross vehicle
weight are prohibited from parking on public right-of-way between the hours of twelve o'clock
(12:00) midnight and three o'clock (3:00) A.M. Between the hours of nine o'clock (9:00) P.M.
and six o'clock (6:00) A.M. no person shall park a commercial vehicle upon the public right-of-
way within five hundred feet (500D of residential dwellings and permit any motor, engine,
compressor or other device to operate for more than ten (10) consecutive minutes or a total of
ten (10) minutes within any two (2) hour period.
D. Time Limit: Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross vehicle
weight are prohibited from parking on public right-of-way for more than two (2) hours.
E. Gross Vehicle Weight: "Gross vehicle weight" is defined in RCW 46.16.111, or as amended.
F. Home Business: For purposes of this Section, any structure or residence enjoying a home
business occupancy permit shall be considered a residential occupancy and not a commercial
occupancy.
G. Public Right-of-Way: Public right-of-way shall include any dedicated or developed property used
or intended for use as public streets, alleys or other means of public ingress, egress or
passage whether the property of the City, County or State.
H. Exemptions:
1. Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross vehicle
weight engaged in deliveries or as support to an ongoing business activity such as construction
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"Title X TRAFFIC Page 2 of 18
or moving are exempt from the provision of this Section, but only for the time reasonable and
necessary to support the activity or make the delivery.
2. Commercial vehicles typically used for passenger or commuting purposes (sedan, station
wagon, small van, small pickups) that are under twelve thousand (12,000) pounds are exempt
from the provisions of this Section.
3. Privately owned recreational vehicles and boats shall not be regulated under this Section
unless the vehicles are being parked as part of a commercial activity such as repairs, sales or
servicing or are being used for a commercial purpose.
4. Utility trucks when owned by a public or quasi-public agency and when the drivers are
required by their employment to respond to emergencies. (Ord. 4046, 3-2-87)
I. Trailers and Semi-Trailers: No person may park or stand, or cause to be parked or stood, any
trailer to semi-trailer disconnected from a commercial vehicle on any street or public property
in the City at any time.
J. Central Business District: A person may park a commercial vehicle in the street in the central
business district, under the following conditions:
1. There must be a minimum of two (2) lanes of travel in the same direction;
2. Said person must be loading or unloading merchandise or passengers;
3. Such parking shall not exceed a period of fifteen (15) minutes; and
4. Said parking shall not block more than one lane of travel. (Ord. 4271, 6-18-90)
K. Impound: Any vehicle found to be in violation of this Section is declared to be a public nuisance,
and such vehicle may be impounded if no operator is present who will immediately comply
with this Section. (Ord. 4046, 3-2-87; amd. Ord. 4271, 6-18-90)
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Y
19
t
Tacoma Municipal Code
Ord.25208§3;passed Nov.24, 1992:Ord.22767 such parking space shall constitute a separate offense
§ 1;passed Sept.7, 1982:Ord.22666§ 1;passed and be punishable as such. (Ord.26336§3;passed
Apr.6, 1982:Ord.21827§ 1;passed May 6, 1980: Dec. 8, 1998:Ord.25247§2;passed Dec.22, 1992:
Ord.22038§ 1;passed Apr.22, 1980:Ord.21563 Ord.25208§3;passed Nov.24, 1992:Ord.21511
§ 1;passed Dec. 19, 1978:Ord.21513 § 1;passed § 1;passed Oct. 17, 1978.Formerly 11.24.040)
Oct. 17, 1978:Ord.20732§ 1;passed May 25, 1976:
Ord.20133 § 1;passed Jun.4, 1974:Ord. 19572§ 1; 11.05.180 Illegal parking-Removal of
passed May 16, 1972:Ord. 19444§ l;passed Oct. 5, mark.
1971:Ord. 19374§ 1;passed Jun. 15, 1971: It shalt be unlawful for any person to erase,eradicate,
Ord. 18824;passed May 20, 1969:Ord. 18786, or otherwise remove a mark placed on the tire of any
passed Apr. 15, 1969:Ord. 18537§ 1;passed vehicle by a Parking Checker or Police Officer,while
Mar.26, 1968:Ord. 18442;passed Dec.5, 1967: such vehicle remains parked in the same space in
Ord. 18196;passed Dec.29, 1966:Ord. 18035§ 1; which it was located at the time the mark was placed
passed Apr. 12, 1966;Ord. 17702;passed Nov.4, upon the tire of such vehicle,and such act shall be
1964:Ord. 17104§ 1;passed Jul. 3, 1967: punishable by a penalty of not less than$50.00.
Ord. 16370§ 1;passed Jun. 15, 1959,Formerly (Ord.26336§4;passed Dec.8, 1998:Ord.25247
11.20.010) §2;passed Dec.22, 1992:Ord.25208§3;passed
11.05.160 Construction work-Special Nov.24, 1992:Ord.21511 § 1;passed Oct. 17, 1978.
Formerly 11.24.050)
permit required.
Whenever it becomes necessary for any person or 11.05.190 Illegal parking-Chain parking.
persons engaged in construction work on or in a It shall be unlawful for any person to move and
building to render a parking space unusable to the repark a parked vehicle within two blocks of the
general public for a period of time longer than the original parking space in order to avoid a parking
legal limit of that parking space,a permit from the time limit regulation,and such act shall be
office of the Traffic Engineer shall be required. punishable by a penalty of not less than$50.00. For
Written application for such permit shall be made to purposes of this section,a block shall be defined as a
the office of the Traffic Engineer and shall state City street or alley section located between
therein the time for which a parking space is required consecutive intersections. (Ord.26336§5;passed
and the license number of the vehicle or trailer using Dec.8, 1998:Ord.25247§2;passed Dec.22, 1992:
it as applicable.Upon approval of said application Ord.25208§3;passed Nov.24, 1992:Ord.24835
and payment of the fee for overtime parking permits § 1;passed Feb. 19, 1991.Formerly 11.24.060)
set forth in Chapter 2.09 of the Official Code of the
City of Tacoma,the Traffic Engineer shall issue such 11.05.200 Parking of commercial vehicles in
permit.All such permits so issued shall be renewable
upon application therefor prior to the expiration date residential neighborhood
upon terms and conditions applicable to the issuance prohibited.
of the original permit.Such permits shall be obtained A.It shall be unlawful for any owner,agent,
at least one working day preceding the effective date operator,or person in charge of any bus,semitrailer,
of the permit. In the event such a special permit is trailer,motor truck,tractor,and/or truck tractor,as
not obtained,the minimum penalty to be assessed for previously defined,or any commercial vehicle over
violation of this section shall be$50.00. (Ord.26336 12,000 pounds gross vehicle weight,to park,store,or
§2;passed Dec.8, 1998:Ord.25247§2;passed keep such motor vehicle on any residential property
Dec.22, 1992:Ord.25208§3;passed Nov.24, or on any public street,avenue,alley,or other
1992:Ord.22885 §2;passed Mar. 15, 1983: thoroughfare,or any right-of-way in any residential
Ord.21511 § 1;passed Oct. 17, 1978.Formerly district in the City of Tacoma for a period in excess
l 1.24.020) of one hour unless engaged in legitimate loading or
unloading activities.
11.05.170 Illegal parking-Overtime. Such acts shall be punishable by a penalty in an
It shall be unlawful for a vehicle to remain parked in amount not less than those amounts set forth below:
any parking space beyond the parking time limit for
such parking space,and such over-parking shall be Minimum
punishable by a fine of not less than$15.00;provided Type of Vehicle Amount
that each additional like period of limited time a Commercial vehicle-overtime $150
vehicle is parked beyond the parking time limit for parking-first offense
(Revised 1112004) 11-10
City Gerk's Ofi
20
Tacoma Municipal Code
Commercial Vehicle-overtime $200 stored or kept entirely within a garage or accessory
parking-second offense building which meets all applicable laws and codes
of the City of Tacoma. (Ord.25247§2;passed
B.It shall be unlawful for any owner of property in
Dec.22, 1992:Ord.25208§3;passed Nov.24,
any residential district in the City of Tacoma to park 1992:Ord.25058§4;passed Mar.3, 1992.Formerly
on,cause to be parked on,or allow to be parked on 11.28.024)
his or her residential property more than two vehicles
of 12,000 pounds or less gross vehicle weight which 11.05.220 Parking of commercial trailers
are used for commercial purposes. prohibited.
Such acts shall be punishable by a penalty in an No person,without permission from the Traffic
amount not less than those amounts set forth below: Engineer,shall park within a public right-of-way any
Minimum detached trailer,semitrailer,pole trailer,or any other
Type of Vehicle Amount trailer used for commercial purposes,unless such
Commercial vehicle-too many $150 vehicle is being actively loaded or unloaded,and
parked-first offense such act shall be punishable by a penalty in an
Commercial Vehicle-too $200 amount of not less than$75.00. (Ord.26336§ 7;
many parked-second offense passed Dec.8, 1998:Ord.25247§2;passed Dec.22,
Commercial Vehicle-too $250 1992:Ord.25208§3;passed Nov.24, 1992:
many parked-third offense Ord.24826§ 1;passed Jan.29, 1991.Formerly
11.28.027)
(Ord.26336§6;passed Dec.8, 1998:Ord.25247
§2;passed Dec.22, 1992:Ord.25208 §3;passed 11.05.225 Parking prohibited within two
Nov.24, 1992:Ord.25058 §4;passed Mar.3, 1992. feet of a mailbox.
Formerly 11.28.022) No person shall park a vehicle within two feet of a
mailbox during the hours of 9:00 a.m.to 4:00 p.m.on
11.05.210 Delivery and construction vehicles all days of scheduled delivery by the United States
—Emergency repairs. Postal Service. (Ord.26294§ 1;passed Sept.22,
A.The restrictions of Section 11.05.200 shall not 1998)
apply to the temporary parking of such vehicles on 11.05.230 Parking,extended period.
private property,or on a public street,avenue,alley,
or other public thoroughfare adjacent to said property No person shall park a vehicle,boat trailer,recreation
in residential districts,whereon construction is trailer,camper,or other licensed or unlicensed
underway,for which a current and valid building vehicle or device for a period of time longer than
permit has been issued by the City of Tacoma and seven calendar days on any public street or alley
said permit is properly displayed on the premises;or right-of-way,and such act shall be punishable by a
whereon construction not requiring a building permit penalty in an amount of not less than$35.00.
(e.g.,landscaping)is underway. (Ord.26336§8;passed Dec. 8, 1998:Ord.25247
§2;passed Dec.22, 1992: Ord. 25208§3;passed
B.The restriction of Section 11.05.200 to one hour in Nov.24, 1992:Ord.22390§3;passed Apr.28,
residential districts shall not apply to routine 1981.Formerly 11.28.060)
deliveries by tradesmen,or the use of trucks in
making service calls,provided that such time in 11.05.235 Residential parking zones-
excess of one hour is actually in the course of authority.
business deliveries or servicing.
The City may,at its discretion,establish a restricted
C.The restrictions of Section 11.05.200 shall not parking zone in an area where any of the following
apply to a situation where such vehicle becomes instances occur:
disabled and,as a result of such emergency,is
required to be parked within a residential district for A. On-street parking is reserved for the exclusive
longer than one hour.However,any such vehicle use of residents in a prescribed vicinity,their visitors,
shall be removed from the residential district within and service vehicles serving such residences.
24 hours,by wrecker towing if necessary,regardless B. On-street parking is reserved during certain
of the nature of the emergency. posted hours for such exclusive use and available at
D.The restrictions of Section 11.05.200 shall not all other times without restrictions.
apply to vehicles,whether or not operative,which are
11-11 (Revised 1112004)
city Clem',ofia
— — 21
TUKWILA MUNICIPAL CODE
• Chapter 9.28 4. Commercial vehicles are allowed to park
in the private driveway of the owner of such vehicle,
MISCELLANEOUS REGULATIONS provided that
a. No more than one commercial
vehicle is allowed to be parked.
Sections:
9.28.010 Railroad trains not to block streets b. Commercial vehicles shall not intrude
9.28,020 Commercial vehicles in residential areas into sidewalks, ped paths, or public rights of way, and
9.28.030 Inattentive driving shall not obstruct sight visibility from adjacent drive-
9.28.035 Negligent operation of skateboards and other ways. c Commercial vehicles shall be main-
devices prohibited tained in a clean, well-kept state which does not detract
9,28.040 Penalty from the appearance of the surrounding area.
d. Commercial vehicles shall not be
9.28.010 Railroad trains riot to block streets allowed in parking lots of apartments, condominiums.
It is unlawful for the directing officer or the operator or other living arrangements other than a single-family
of any railroad train to direct the operation of or to home. e Trailers normal) used as art of a
operate the same in such a manner as to prevent the Y P
use of any street for purposes of travel for a period of tractor trailer combination shall not be allowed to park
time longer than five minutes, except that this in residential zoned areas.
Commercial vehicles shalt not be
provision shall not apply to trains or cars in motion parked in residential areas except on the normal
other than those engaged in switching. rivewa of the vehicle operator's house.
(Ord. 1794 §I(part), 1997) Y P
5. Utility trucks owned by a public or quasi-
9.28.020 Commercial vehicles in residential areas public agency when the drivers are required by their
A. Definitions. For purposes of this section: employment to engage in public works or repairs.
1. "Commercial vehicle" means: 6. Tukwila school district buses for a period of
a. Any vehicle 8 feet or larger in width, three hours during the days and hours when pupils
20 feet or longer in length, or 9 feet or taller in height, are in school or during special events, if they do not
• the principal use of which is the transportation of obstruct traffic flow or block sight distance on the road
commodities, merchandise, produce, freight or or from driveways.
animals, or (Ord. 1810§I, 1997; Ord. 1794§1(pan), 1997)
b. Bulldozers, cranes and similar con- 9,28.030 Inattentive driving
struction equipment;
2. Residential area means any district which It shall be an infraction for any person to operate a
is zoned LDR, MDR, or HDR by the City. motor vehicle within the City in an inattentive
3. Trailer means any vehicle without motive manner. For the purposes of this section, 'inattentive
power designed for carrying persons or property manner" means the operation of a motor vehicle in a
within or on itself, and drawn by a vehicle with manner which evidences a lack of the degree of
motive power. The term "trailer" includes trailer attentiveness required to safely operate the vehicle
coach, tractor-trailer, semi-trailer or utility trailer, but under
the otherilingficco dittons e off the
estria d a d
does not include recreational vehicles. P p p
B. Conduct Prohibited. No person shall park a weather conditions. The offense of operating a motor
commercial vehicle or trailer in any residential area vehicle in an inattentive manner shall be considered to
except as allowed in the following section. be a lesser offense than, but included in the offense of,
C. Exemptions. operating a motor vehicle in a negligent manner.
1. While loading or unloading, providing that (Ord. 1794 §t(part), 1997)
the vision of traffic is not obstructed. Further, for y 28 035 Negligent o ration of skateboards and
purposes of this section, only a reasonable amount ofPe
time shall be allowed for loading and unloading, the other devices prohibited
amount of which time is to be determined according to It is unlawful for any person to rollerskate,
the nature and extent of the loading and unloading rollerblade or operate a skateboard, coaster, toy vehicle
operation. or similar device in a negligent, or reckless manner on
2. When necessary to avoid conflict with any roadway, sidewalk, publicly-owned parking lot or
other traffic, or in compliance with law or the direction park . For the purpose of this section, "to operate in a
of a peace officer or a traffic-control device. negligent or reckless manner" means the rollerskating,
3. In order to make non-recurring, rollerblading or operation of a skateboard, coaster, toy
emergency repairs. vehicle or similar device in such a manner as to
9-8 Printed February 2005
22
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'Message Page 1 of 14 23
Anderson, Charlene
From: Anderson, Charlene
Sent: Tuesday,August 23, 2005 11:44 AM
To: 'John Carpita'
Subject: RE: Truck Trailer Use
Thanks, again!
-----Original Message-----
From: John Carpita [mailto:jcarpita@mrsc.org]
Sent: Tuesday, August 23, 2005 11:16 AM
To: Anderson, Charlene
Subject: RE: Truck Trailer Use
In addition to the following inquiry, look at http://www.mr5c.org/SuWggl5!Legal/n.uisances/rvst-or.aspx
INQ. NO.: 00-0008
YIN: Y
CITY/COUNTY: PORT ORCHARD
DATE: 1/6/00
REC: CRE
INQUIRER: BRETT BURES
TITLE: ASSOCIATE PLANNER
FC: T 7.1700; T 7.1750
RE: Request for sample ordinances restricting or prohibiting the parking of RVs, trucks, etc. on
private property
w w w w w
January 7,2000
Mr. Brett Bures, Associate Planner
City of Port Orchard
216 Prospect Street
Port Orchard,WA 98366
Dear Brett:
In response to your request for sample ordinances restricting or prohibiting the parking of RVs, trucks, etc.
on private property, we are enclosing the following:
On loan, MRSC compilation, "Regulations on the Storage of Recreational Vehicles," 1999—I have
marked the provisions from Bellevue, Davenport, Des Moines, Everett, Issaquah, and Redmond. You will
notice that the Des Moines, Issaquah, and Redmond provisions pertain to both RVs and utility and
commercial vehicles
Redmond Community Development Code, sec. 20C.30.75—covers recreational, utility, and
commercial vehicles in residential zones
Tacoma Municipal Code,sec. 11.05.200—prohibits parking of commercial vehicles in residential
neighborhoods
Tukwila Municipal Code, sec. 9.28.020(B)and (C)—covers commercial vehicles in residential
areas
We trust these enclosures will be helpful. We would appreciate return of the loan item by the due date
• indicated on the loan slip. If we may be of any further assistance, please let us know.
8/26/2005
Message
Page 2 of 24
Sincerely,
Connie R. Elliot
Research Associate
Pamela K. James
Legal Consultant
Enclosures
From: Anderson, Charlene [mailto:CAnderson@ci.kent.wa.us]
Sent: Tuesday,August 23, 2005 10:10 AM
To: John Carpita
Subject: RE: Truck Trailer Use
Hello John—that was a quick response...thank you! I'm noticing that most of the restrictions on on public right of way
in residential districts...I'm particularly interested on restrictions for private property in residential zones. In other
words are there codes restricting the parking of such vehicles in a residential driveway or back yard or side yard?
-----Original Message-----
From:John Carpita fmailto:jcarpita@mrsc.org]
Sent:Tuesday,August 23,2005 9:19 AM
To:Anderson,Charlene
Subject:Truck Trailer Use
TEL, INQ,NO.: 03-0670
Y/N: Y
CITY/COUNTY: PIERCE COUNTY
DATE: 2/12/03
REC: BKK
INQUIRER: SUSAN MATTHEW
TITLE: ASSISTANT TO COUNTY COUNCILMEMBER
FC: T 7.1700
RE: RFSO restricting parking of large commercial vehicles in residential neighborhoods
ksrrr
This is in response to your telephone inquiry requesting sample ordinances regulating the parking of
large commercial trucks in residential neighborhoods.
Many cities have adopted regulations that restrict the parking of large commercial vehicles on city
8/26/2005
Message
— _ Page 3 of 1. 25
rights-of-way.I checked a few county codes but did not see any similar regulations. Truck
parkingregulations are typically based on concerns relating totraffic safety, noiseand, to a certain
extent, aesthetics. Regulations of this type often strictly limit or even completely prohibit the
parking of large commercial vehicles, particularly within residential zones, except for the purposes
of loading and unloading. Cities often prohibit overnight parking of large commercial vehicles on
public rights-of-way throughout the city. See for example:
Auburn Municipal Code
10.36.190 Parking of semitrailers,truck tractors, trailers,boats, camping trailers and motorhomes on
a public roadway or public right-of-way,including all residential districts within the city of Auburn.
A.Semitrailers Not Attached to Truck Tractor. Any semitrailer parked on a public roadway or in the
public right-of-way within the city limits of Auburn, including all residential districts,which are not
attached and fully engaged onto a truck tractor used primarily for drawing a semitrailer is prohibited
and shall be an infraction punishable by a monetary penalty not to exceed $250.00. The monetary
penalty provided for by this section may be forfeited, or a contested or mitigated hearing may be
requested,as authorized by law.
B.Semitrailer Attached to the Truck Tractor.No semitrailer that is attached and fully engaged onto a
truck tractor used primarily for drawing a semitrailer shall be parked on a public roadway or in the
public right-of-way in a residential district in the city for a period exceeding one hour's continuous
time, except for the expeditious loading or unloading of articles and materials. This includes the
truck tractor without the trailer.Parking of the truck tractor without the semitrailer is also prohibited.
C.Boats, Boat Trailers, Utility Trailers, RV Trailers, or Any Other Licensed Trailer. Any boat, boat
trailer, utility trailer, RV trailer, or any other licensed trailer not included in subsections A or B of
this section that is parked on a public roadway or in the public right-of-way in all residential districts
is prohibited, except when the trailer is attached and fully engaged to the towing vehicle. If the
trailer is attached and fully engaged to the towing vehicle, it may not be parked on a public roadway
or in the public right-of-way for more than 24 hours.
+ D.Motorhomes. Motorhomes may be legally parked on a public roadway or in the public right-of-
way in all residential districts for no more than 24 hours.
E.AII Vehicles Not Included in Subsection A, B, C or D of This Section. Any vehicle not included
in subsection A,B, C or D of this section which exceeds seven and one-half feet in width or exceeds
20 feet in length is prohibited from parking on a public roadway or in the public right-of-way in all
residential districts in the city for a period exceeding one hour's continuous time except for the
expeditious loading or unloading of articles and materials. (Ord. 5492 § 1, 2001.)
Battle Ground Municipal Code
10.12.020 Truck and trailer parking on residential rights-of-way.
A.No person shall park or leave standing on any public right-of-way in any residential area of the
city of Battle Ground any of the following:
LA truck with a gross weight capacity in excess of twelve thousand pounds;
2.A trailer in excess of twenty feet in length.
B.The provisions of this section shall not apply to any vehicle which is parked or left standing
expressly for the purpose of loading or unloading providing, the vision of traffic is not obstructed.
For the purposes of this section, a reasonable amount of time on any day or successive days shall be
allowed for loading and unloading, the amount of which time is to be determined according to the
nature and extent of the loading and unloading operation.
8/26/2005
Message Page 4 of 1. 26
C.No recreational vehicle will be allowed to park or be stored permanently in a public right-of-way
in a residential area of the city of Battle Ground. For the purpose of this section, "permanent" shall
be defined as more than ten days within a hundred and twenty day period of successive days. (Ord.
625 §), 1988)
Lynnwood Municipal Code:
10.12.300 Noises prohibited.
B.Specific Prohibitions. The following acts, among others, are declared to be noise disturbance in
violation of the ordinance codified in this chapter, but the enumeration shall not be deemed
exclusive,namely:
2.The use of any automobile, truck, motorcycle, transit vehicle, or other vehicle, or engine, either
stationary or moving, or any instrument, device or thing so out of repair, so loaded, or in such
manner as to create loud and unnecessary grating,squealing,grinding,rattling or other noise;
5.No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight
rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle,
for a period longer than 10 minutes in any hour while the vehicle is stationary,for reasons other than
traffic congestion, within 150 feet of a residential zone or designated noise sensitive area, between
the hours of 10:00 p.m. and 7:00 a.m. the following day;
Renton Municipal Code:
10-10-13 Parking of Certain Commercial Vehicles or Vehicles Over Twelve Thousand Pounds
Gross Vehicle Weight Regulations:
A. Parking; Residential Developments: It shall be unlawful to park any commercially licensed or
any vehicle over twelve thousand (12,000) pounds gross vehicle weight on any public right-of-way
in which all of the adjacent structures are occupied as residential dwellings.Adjacent structures shall
mean those structures on the same side of the right-of-way as the area for parking and within the
same block.
B. Existing Commercial Developments: On any public right-of-way in which not all of the adjoining
structures are developed and occupied as residential units but there are existing developed
commercial or business occupancies,parking will be permitted for commercial vehicles or vehicles
above twelve thousand (12,000) pounds gross vehicle weight only on that portion of the public
right-of-way abutting developed commercial or business property. For purposes of this Section,
public right-of-way abutting commercial property shall mean that public right-of-way bounded by
lines created by the commercial property line extended to where they intersect the public right-of-
way and on the same side of the public right-of-way as the commercial property.
C. Hours: Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross vehicle
weight are prohibited from parking on public right-of-way between the hours of twelve o'clock
(12:00) midnight and three o'clock (3:00) A.M. Between the hours of nine o'clock (9:00) P.M. and
six o'clock (6:00) A.M. no person shall park a commercial vehicle upon the public right-of-way
within five hundred feet(500') of residential dwellings and permit any motor, engine, compressor or
other device to operate for more than ten (10) consecutive minutes or a total of ten (10) minutes
within any two(2)hour period.
D. Time Limit: Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross
8/26/2005
Message Page 5 of 1� 27
vehicle weight are prohibited from parking on public right-of-way for more than two(2)hours.
E. Gross Vehicle Weight: "Gross vehicle weight" is defined in RCW 46.16.111,or as amended.
Sumner Municipal Code:
10.36.020 Trucks and trailer parking.
A.It is unlawful for any person to park or leave standing on any street within a residential area or on
that portion of a street abutting a residential area,any of the following:
1. A truck with a gross vehicle weight rating (GVWR) in excess of 24,000 pounds, or being in
excess of 22 feet in length;
2. A trailer having a GVWR in excess of 10,000 pounds or being in excess of 20 feet in length;
3. A commercial vehicle having a width of 96 inches(eight feet)or more;
4.Any truck or trailer not having a current and valid truck or trailer license;
5. Any truck, trailer or other motor vehicle which constitutes a street or driveway sight distance
obstruction or impairs the movement of emergency vehicles along the street;
6. Any recreational vehicles of 24,000 pounds GVWR or being greater than 28 feet in length
regardless of GVWR, except as provided in SMC 10.36.114; provided, however, notwithstanding
SMC 10.36.114, RVs exceeding eight feet, six inches in width, 14 feet in height and 32 feet in
length,shall be prohibited from parking on residential streets.
B. No person shall further park or allow to remain standing on or in the public right-of-way any
commercial truck,trailer or truck-trailer combination, as follows:
1. No person shall park or allow to remain standing for more than eight hours at a time any truck,
trailer or truck-trailer combination over 24,000 pounds gross weight capacity upon any of the
streets,avenues or alleys within the city limits unless otherwise specified in this chapter.
2. No commercial trailer may be detached from a motorized vehicle and left unattended in the public
right-of-way unless otherwise specified in this chapter.
3. No unattended vehicle of any size carrying hazardous materials shall be allowed to park at any
time upon any of the streets,avenues or alleys within the city limits.
4. Commercial vehicles or vehicles over 24,000 pounds gross vehicle weight are prohibited from
parking on the public right-of-way between the hours of 12:00 midnight and 3:00 a.m. unless
otherwise posted.
5. Between the hours of 9:00 p.m. and 6:00 a.m., no person shall park a commercial vehicle upon
the public right-of-way within 500 feet of residential dwellings and permit any motor, engine,
compressor or other device to operate for more than 10 consecutive minutes or a total of I0 minutes
within any two-hour period.
C. Any vehicle found to be in violation of this section is declared to be a public nuisance, and such
vehicle may be impounded if no operator is present who will immediately comply with this section.
(Ord. 1871 §2, 1999: Ord. 1448 § 2, 1989: Ord. 1331 §§ 1,2, 1986: Ord. 1117 §§ 8, 10, 1979)
TumwaterMunicipal Code
10.20.020 Truck,trailer and recreational vehicle parking on residential streets prohibited.
It is unlawful for any person to park or leave standing on any street within a residential area or on
that portion of a street abutting a residential area,any of the following:
A. A truck with a gross vehicle weight rating (GVWR) in excess of twelve thousand (12,000)
pounds,or being in excess of twenty-two feet(22')in length;
B.A trailer having a GVWR in excess of ten thousand(10,000)pounds or being in excess of twenty
8/26/2005
Message Page 6 of 1� 28
feet(20)in length;
C.A commercial vehicle having a width of eighty inches(80")or more;
D.Any truck or trailer not having a current and valid truck or trailer license;
E. Any truck, trailer or other motor vehicle which constitutes a street or driveway sight distance
obstruction or impairs the movement of emergency vehicles along the street;
F. Any unlicensed recreational vehicles or licensed recreational vehicles in excess of twelve
thousand (12,000) GVWR or being greater than twenty-eight feet (28) in length regardless of
GVWR, except as provided in Section 10.20.035 below. Provided however, notwithstanding
10.20.035 below, RVs exceeding eight feet six inches (8'6") in width, fourteen feet (14') in height
and thirty-two feet(32') in length shall be prohibited from parking on residential streets.
(1051,Added, 12/02/1985;093-003,Amended,08/15/1995)
10.20.030 Truck and trailer parking on residential streets prohibited-- Exceptions.
The provisions of this chapter shall not apply to any motor vehicle, trailer or truck parked or left
standing for the purpose of loading or unloading persons or property, provided such parking or
standing shall not extend beyond the time necessary for the loading or unloading.
(1051, Added, 12/02/1985;095-003,Amended,08/15/1995)
Renton Municipal Code
10-10-12 OVERNIGHT PARKING OF CERTAIN VEHICLES PROHIBITED:
It shall henceforth be unlawful to park within any residential zone (SR-1, SR-2, R-I through R-4, T
and G) within the City from the hours of nine o'clock (9:00) P.M. to six o'clock (6:00) A.M. the
following types of vehicles:
A.AII types trailers designed to be drawn by a motor vehicle except recreation trailers.
B.Buses and trucks used for business purposes in whole or in part excluding pickup or panel trucks
of less than one ton rated capacity. (Ord. 3428,4-28-80;amd. Ord.4271, 6-18-90)
10-10-13 PARKING OF CERTAIN COMMERCIAL VEHICLES OR VEHICLES OVER
TWELVE THOUSAND POUNDS GROSS VEHICLE WEIGHT REGULATIONS:
A.Parking; Residential Developments: It shall be unlawful to park any commercially licensed or any
vehicle over twelve thousand (12,000) pounds gross vehicle weight on any public right-of-way in
which all of the adjacent structures are occupied as residential dwellings. Adjacent structures shall
mean those structures on the same side of the right-of-way as the area for parking and within the
same block.
B.Existing Commercial Developments:On any public right-of-way in which not all of the adjoining
structures are developed and occupied as residential units but there are existing developed
commercial or business occupancies, parking will be permitted for commercial vehicles or vehicles
above twelve thousand (12,000) pounds gross vehicle weight only on that portion of the public
right-of-way abutting developed commercial or business property. For purposes of this Section,
public right-of-way abutting commercial property shall mean that public right-of-way bounded by
lines created by the commercial property line extended to where they intersect the public right-of-
way and on the same side of the public right-of-way as the commercial property.
C.Hours: Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross vehicle
8/26/2005
Message Page 7 of i. 29
weight are prohibited from parking on public right-of-way between the hours of twelve o'clock
(12:00) midnight and three o'clock(3:00) A.M. Between the hours of nine o'clock(9:00) P.M. and
six o'clock (6:00) A.M. no person shall park a commercial vehicle upon the public right-of-way
within five hundred feet(500')of residential dwellings and permit any motor, engine,compressor or
other device to operate for more than ten (10) consecutive minutes or a total of ten (10) minutes
within any two(2)hour period.
D.Time Limit: Commercial vehicles or vehicles over twelve thousand(12,000)pounds gross vehicle
weight are prohibited from parking on public right-of-way for more than two(2)hours.
E.Gross Vehicle Weight: "Gross vehicle weight" is defined in RCW 46.16.111,or as amended.
F.Home Business: For purposes of this Section,any structure or residence enjoying a home business
occupancy permit shall be considered a residential occupancy and not a commercial occupancy.
G.Public Right-of-Way: Public right-of-way shall include any dedicated or developed property used
or intended for use as public streets, alleys or other means of public ingress, egress or passage
whether the property of the City,County or State.
H.Exemptions:
1.Conunercial vehicles or vehicles over twelve thousand (12,000) pounds gross vehicle weight
engaged in deliveries or as support to an ongoing business activity such as construction or moving
are exempt from the provision of this Section, but only for the time reasonable and necessary to
support the activity or make the delivery.
2.Commercial vehicles typically used for passenger or commuting purposes (sedan, station wagon,
small van, small pickups) that are under twelve thousand (12,000) pounds are exempt from the
provisions of this Section.
3.Privately owned recreational vehicles and boats shall not be regulated under this Section unless the
vehicles are being parked as part of a commercial activity such as repairs, sales or servicing or are
being used for a commercial purpose.
4.Utility trucks when owned by a public or quasi-public agency and when the drivers are required by
their employment to respond to emergencies. (Ord. 4046,3-2-87)
I.Trailers and Semi-Trailers:No person may park or stand,or cause to be parked or stood,any trailer
to semi-trailer disconnected from a commercial vehicle on any street or public property in the City
at any time.
J.Central Business District: A person may park a commercial vehicle in the street in the central
business district,under the following conditions:
1.There must be a minimum of two(2)lanes of travel in the same direction;
2.Said person must be loading or unloading merchandise or passengers;
3.Such parking shall not exceed a period of fifteen(15)minutes; and
4.Said parking shall not block more than one lane of travel. (Ord.4271, 6-18-90)
K.Impound: Any vehicle found to be in violation of this Section is declared to be a public nuisance,
and such vehicle may be impounded if no operator is present who will immediately comply with this
Section.(Ord.4046,3-2-87; amd. Ord.4271,6-18-90)
Woodinville Municipal Code
10.03.140 Overnight parking prohibited in residential areas.
8/26/2005
Message Page 8 of 1. 30
(1) It is unlawful to park, or otherwise leave, overnight, between the hours of 12:01 a.m., and 6:00
a.m., on any street or highway in the City of Woodinville within or abutting an area classified as
residential (R-1 through R-48 zoning codes)by the official zoning ordinance, the following types of
trailers and/or vehicles:
(a) All types of trailers exceeding 80 inches in width designed to be drawn by a motor vehicle
except recreation trailers;
(b) Buses and trucks used for business purposes in whole or in part, excluding pickup or panel
trucks of less than one ton rated capacity.
(2) It is not necessary that restricted parking or other traffic signs be erected for the purpose of
enforcing this section.
(3)Any violation of this section shall be an infraction with a fine of not more than$250.00. (Ord. 93
§20, 1994)
10.03.150 Prohibition of trucks exceeding 26,000 pounds gross vehicle weight rated.
(1)Trucks exceeding 26,000 pounds gross vehicle weight rated shall be prohibited from traveling on
the following streets:
(a) 156th Avenue NE: Between the north City limits and the Woodinville-Duvall Road;
(b) 124th Avenue NE/NE 173rd Place/127th Place NE: Between NE 160th Street and 782 feet north
of NE 162nd Street, and between 200 feet north of 169th Street and Woodinville-Redmond Road
(SR 202);
(c) NE 143rd Place/137th Place NE/NE 145th Street from 132nd Avenue NE to Woodinville-
Redmond Road(SR 202).
(2)The following exemptions shall not apply to the above weight restrictions:
(a) Local pick up and deliveries to establishments or residences located along or only accessible by
the above listed roadways;
(b) Local residents(whether in the City or not): (i)who are located on the above listed roadways and
cannot reasonably access their residence by using alternative routes; and(ii) own and operate heavy
equipment or trucks, which shall not be loaded for commercial purposes; provided, however, this
shall not apply to access for commercial purposes and the resident shall comply with WMC
10.03.140 regarding overnight parking of heavy equipment/trucks;
(c) The City Traffic Engineer and the Police Administrator have determined that when operating
large equipment and trucks on a constant basis, that section of 75th Avenue SE (Bostian Road)
between 244th Street SE(Snohomish/King County Line)to Paradise Lake Road could provide some
problems for reasonable and safe exit at the North terminus on Paradise Lake Road. Therefore, local
residents(i)who are located on that section of 75th Avenue SE (Bostian Road), or within a one mile
radius thereof, in Snohomish County; and (ii) own and operate heavy equipment or trucks, which
shall not be loaded for commercial purposes, shall be exempt from this section as it applies to
subsection(1)(a), 156th Avenue NE;
(d)Emergency vehicles such as fire trucks;
(e)School buses utilizing regular or established routes;
(f) All utility vehicles (including, but not limited to, water, public works, Puget Power, telephone,
cable,waste pick up, etc.);
(g)Washington Department of Transportation vehicles.
(3) The offense of operating a truck exceeding 26,000 pounds gross vehicle weight rated on the
above listed streets shall be considered an infraction punishable by a fine of not more than$250.00.
(Ord. 130 §1, 1995; Ord. 95 §3, 1995;Ord. 93 §21, 1994)
8/26/2005
Message Page 9 of 1_ 31
Formore sample ordinances, see MRSC's Web page on "Overnight Parking of Commercial
Vehicles" at:http://www.rnrse.org/Subjects/PubSafe/night.aspx
Ihope this information will be of assistance. Please don't hesitate to call or e-mail me if I can be of
any further assistance.
Byron Katsuyama
Public Policy Consultant
MRSC
Visit our Web site!
www.mrsc.org
TEL. INQ. NO.: 02-6802
Y/N: Y
CITY/COUNTY: WEST RICHLAND
DATE: 10/18/02
REC: BKK
INQUIRER: DENNIS RHODES
TITLE: DIRECTOR OF COMMUNITY DEVELOPMENT
FC: T 7.1700
RE: RFSO prohibiting the operation of automatic starting systems and/or refrigeration
units on vehicles, including vans, trucks,buses, RVs and semi-tractor rigs,that are parked in or near
residential districts.
s * rr *
E-mail response:
Dennis,
This is in response to your e-mail inquiry requesting sample ordinances prohibiting the operation of
automatic starting systems and/or refrigeration unitsonvehicles, including vans, trucks, buses, RVs
and semi-tractor rigs, that are parkedin or near residential districts. The problem, of course, arises
when the mechanical systems on these vehicles crank up in the middle of the night and disturb the
otherwisepeaceful slumber of nearby residents.
I was unable to find any sample ordinances that were right on point and none that specifically
regulated automatic starting systems.
The most common regulations found in this area are those aimed at restricting the parking of large
commercial vehicles on city rights-of-way. These regulationsare typically based on concerns
relating to parking,traffic safety and, to a certain extent, aesthetics.Regulations of this typeof3en
8/26/2005
a Message Page 10 of 1- 32
strictly limit or even completely prohibit the parking of large commercial vehicles,
particularlywithin residential zones, except for the purposes of loading and unloading. Cities often
prohibit overnight parking of large commercial vehicles on public rights-of-way throughout the city.
These restrictions are usuallyplaced without regard to the presence of auxiliary equipment such as
refrigeration units. See for example:
Auburn Municipal Code
10.36.190 Parking of semitrailers, truck tractors,trailers,boats, camping trailers and motorhomes on
a public roadway or public right-of-way, including all residential districts within the city of Auburn.
A.Semitrailers Not Attached to Truck Tractor. Any semitrailer parked on a public roadway or in the
public right-of-way within the city limits of Auburn, including all residential districts,which are not
attached and fully engaged onto a truck tractor used primarily for drawing a semitrailer is prohibited
and shall be an infraction punishable by a monetary penalty not to exceed $250.00. The monetary
penalty provided for by this section may be forfeited, or a contested or mitigated hearing may be
requested, as authorized by law.
B.Semitrailer Attached to the Truck Tractor. No semitrailer that is attached and fully engaged onto a
truck tractor used primarily for drawing a semitrailer shall be parked on a public roadway or in the
public right-of-way in a residential district in the city for a period exceeding one hour's continuous
time, except for the expeditious loading or unloading of articles and materials. This includes the
truck tractor without the trailer. Parking of the truck tractor without the semitrailer is also prohibited.
C.Boats, Boat Trailers,Utility Trailers, RV Trailers, or Any Other Licensed Trailer. Any boat,boat
trailer, utility trailer, RV trailer, or any other licensed trailer not included in subsections A or B of
this section that is parked on a public roadway or in the public right-of-way in all residential districts
is prohibited, except when the trailer is attached and fully engaged to the towing vehicle. If the
trailer is attached and fully engaged to the towing vehicle, it may not be parked on a public roadway
or in the public right-of-way for more than 24 hours.
D.Motorhomes. Motorhomes may be legally parked on a public roadway or in the public right-of-
way in all residential districts for no more than 24 hours.
E.AII Vehicles Not Included in Subsection A, B, C or D of This Section. Any vehicle not included
in subsection A,B,C or D of this section which exceeds seven and one-half feet in width or exceeds
20 feet in length is prohibited from parking on a public roadway or in the public right-of-way in all
residential districts in the city for a period exceeding one hour's continuous time except for the
expeditious loading or unloading of articles and materials.(Ord. 5492 § 1,2001.)
Battle Ground Municipal Code
10.12.020 Truck and trailer parking on residential rights-of-way.
A.No person shall park or leave standing on any public right-of-way in any residential area of the
city of Battle Ground any of the following:
LA truck with a gross weight capacity in excess of twelve thousand pounds;
2.A trailer in excess of twenty feet in length.
B.The provisions of this section shall not apply to any vehicle which is parked or left standing
expressly for the purpose of loading or unloading providing, the vision of traffic is not obstructed.
For the purposes of this section,a reasonable amount of time on any day or successive days shall be
allowed for loading and unloading, the amount of which time is to be determined according to the
nature and extent of the loading and unloading operation.
C.No recreational vehicle will be allowed to park or be stored permanently in a public right-of-way
in a residential area of the city of Battle Ground. For the purpose of this section, "permanent" shall
be defined as more than ten days within a hundred and twenty day period of successive days. (Ord.
625 §1, 1988)
I did frnda few ordinances (from Lynnwood, Renton and Sumner)that regulate late-night noise from
auxiliary equipment on trucks that are parked within a certain distance from residential zones.
Interestingly,these provisions restrict, but do not totally prohibit the operation of auxiliary
equipment, during late-night hours. These sample provisions limitthe operation of auxiliary
8/26/2005
Message Page 11 of 1.. 33
• equipment to no longer than "10 consecutive minutes or a total of 10 minutes within any two-hour
period." See the full text below:
Lynnwood Municipal Code:
10.12.300 Noises prohibited.
B.Specific Prohibitions. The following acts, among others, are declared to be noise disturbance in
violation of the ordinance codified in this chapter, but the enumeration shall not be deemed
exclusive,namely:
2.The use of any automobile, truck, motorcycle, transit vehicle, or other vehicle, or engine, either
stationary or moving, or any instrument, device or thing so out of repair, so loaded, or in such
manner as to create loud and unnecessary grating,squealing,grinding,rattling or other noise;
5.No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight
rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle,
for a period longer than 10 minutes in any hour while the vehicle is stationary, for reasons other than
traffic congestion, within 150 feet of a residential zone or designated noise sensitive area, between
the hours of 10:00 p.m.and 7:00 a.m.the following day;
Renton Municipal Code:
10-10-13 Parking of Certain Commercial Vehicles or Vehicles Over Twelve Thousand Pounds
Gross Vehicle Weight Regulations:
A. Parking; Residential Developments: It shall be unlawful to park any commercially licensed or
any vehicle over twelve thousand (12,000)pounds gross vehicle weight on any public right-of-way
in which all of the adjacent structures are occupied as residential dwellings.Adjacent structures shall
mean those structures on the same side of the right-of-way as the area for parking and within the
same block.
B. Existing Commercial Developments: On any public right-of-way in which not all of the adjoining
structures are developed and occupied as residential units but there are existing developed
commercial or business occupancies, parking will be permitted for commercial vehicles or vehicles
above twelve thousand (12,000) pounds gross vehicle weight only on that portion of the public
right-of-way abutting developed commercial or business property. For purposes of this Section,
public right-of-way abutting commercial property shall mean that public right-of-way bounded by
lines created by the commercial property line extended to where they intersect the public right-of-
way and on the same side of the public right-of-way as the commercial property.
C. Hours: Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross vehicle
weight are prohibited from parking on public right-of-way between the hours of twelve o'clock
(12:00) midnight and three o'clock (3:00) A.M. Between the hours of nine o'clock (9:00) P.M. and
six o'clock (6:00) A.M. no person shall park a commercial vehicle upon the public right-of-way
within five hundred feet(500)of residential dwellings and permit any motor, engine,compressor or
other device to operate for more than ten (10) consecutive minutes or a total of ten (10) minutes
within any two(2)hour period.
D. Time Limit: Commercial vehicles or vehicles over twelve thousand (12,000) pounds gross
vehicle weight are prohibited from parking on public right-of-way for more than two(2)hours.
E.Gross Vehicle Weight: "Gross vehicle weight" is defined in RCW 46.16.111,or as amended.
Sumner Municipal Code:
10.36.020 Trucks and trailer parking.
A. It is unlawful for any person to park or leave standing on any street within a residential area or on
that portion of a street abutting a residential area,any of the following:
8/26/2005
Message Page 12 of 1. 34
1. A truck with a gross vehicle weight rating (GVWR) in excess of 24,000 pounds, or being in
excess of 22 feet in length;
2.A trailer having a GVWR in excess of 10,000 pounds or being in excess of 20 feet in length;
3.A commercial vehicle having a width of 96 inches(eight feet)or more;
4.Any truck or trailer not having a current and valid truck or trailer license;
5. Any truck, trailer or other motor vehicle which constitutes a street or driveway sight distance
obstruction or impairs the movement of emergency vehicles along the street;
6. Any recreational vehicles of 24,000 pounds GVWR or being greater than 28 feet in length
regardless of GVWR, except as provided in SMC 10.36.114; provided, however, notwithstanding
SMC 10.36.114, RVs exceeding eight feet, six inches in width, 14 feet in height and 32 feet in
length,shall be prohibited from parking on residential streets.
B. No person shall further park or allow to remain standing on or in the public right-of-way any
commercial truck,trailer or truck-trailer combination,as follows:
1. No person shall park or allow to remain standing for more than eight hours at a time any truck,
trailer or truck-trailer combination over 24,000 pounds gross weight capacity upon any of the
streets, avenues or alleys within the city limits unless otherwise specified in this chapter.
2.No commercial trailer may be detached from a motorized vehicle and left unattended in the public
right-of-way unless otherwise specified in this chapter.
3. No unattended vehicle of any size carrying hazardous materials shall be allowed to park at any
time upon any of the streets,avenues or alleys within the city limits.
4. Commercial vehicles or vehicles over 24,000 pounds gross vehicle weight are prohibited from
parking on the public right-of-way between the hours of 12:00 midnight and 3:00 a.m. unless
otherwise posted.
5. Between the hours of 9:00 p.m. and 6:00 a.m., no person shall park a commercial vehicle upon
the public right-of-way within 500 feet of residential dwellings and permit any motor, engine,
compressor or other device to operate for more than 10 consecutive minutes or a total of 10 minutes
within any two-hour period.
C. Any vehicle found to be in violation of this section is declared to be a public nuisance, and such
vehicle may be impounded if no operator is present who will immediately comply with this section.
(Ord. 1871 § 2, 1999: Ord. 1448 §2, 1989: Ord. 1331 §§ 1, 2, 1986: Ord. 1117 §§ 8, 10, 1979)
Perhaps some combination of parking and equipment operation restrictions within so many feet of
residential zones adapted from these ordinances would be effective. It seems to me that a restriction
based on a reasonable distance from residential zones, without regard to the zone the noise is
emanating from,would be the best way to go.
I hope this information will be of assistance. Please don't hesitate to call or e-mail me if I can be of
any further assistance.
Byron Katsuyama
Public Policy Consultant
MRSC
Visit our Web site!
8/26/2005
35
COMMUNITY DEVELOPMENT
Fred N. Satterstrom,AICP,Director
PLANNING SERVICES
KE N T Charlene Anderson,AICP,Manager
A 5 N I N G.T O.1.
Phone:253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
September 19, 2005
TO: Chair Tim Clark and Planning& Economic Development Committee Members
FROM: Damien Hooper, Planner
RE: Zoning Code Amendment#ZCA-2005-7/KIVA RPP6-2052605
Shipping Containers in residential zoning districts.
MOTION: I move to recommend/not recommend approval of#ZCA-2005-7, amending
Chapter 15 of Kent City Code to limit the placement of shipping containers in residential
zoning districts, as recommended by the Land Use & Planning Board.
SUMMARY: At their August 15 meeting, the Planning & Economic Development Committee
requested additional information from staff regarding a proposal to limit the placement of
shipping containers in residential zoning districts. After holding a public hearing on August 81h
the Land Use &Planning Board unanimously recommended approval of the proposal.
BUDGET IMPACT: None
BACKGROUND: The City's Zoning Code recognizes the need of all legitimate uses of land to
be protected from other uses which are unrelated or incompatible (KCC 15.01.020.C.2). The
City has received a number of complaints related to shipping containers located in residential
neighborhoods. These containers present an incompatibility with residential uses, particularly
related to visual blight.
The Land Use &Planning Board is recommending the following code amendments:
KCC 15.04.170: Add Note 34 in "Additional Standards" section of all SR, MR and MHP
zoning districts. KCC 15.04.180 (34) would read "Shipping Containers. No person shall place
or cause to be placed any shipping container on any portion of a property located within this
zone. This restriction does not apply to containers collecting debris or accepting household
goods for moving that are located on residential property for less than 72 hours.
The SEPA Responsible Official has determined the proposed amendments are procedural in
nature and categorically exempt from environmental review.
Planning staff and the City's Code Enforcement Officer will be present at the Committee
meeting to answer questions about this proposal. Also included in the Committee's packet are
copies of relevant regulations from other cities.
DHiCA/pm/S:APermitVPlan�ZONECODEAMENDA2005\2052605-2005-7pedco91905.doc
Encl.: Code excerprs from Puyallup,Auburn,Redmond,Bellevue,Renton,Tacoma,Tukwila,MRSC research
ee: Fred N.Sanerstrom,A ICP,CD Director
Charlene Anderson,AICP,Planning Mgr
Kim Marousek,Principal Planner
Damien Hooper,Planner
Brian Swanberg,Code Enforcement Officer
Project File
Parties of Record: Robert Bray
36
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•
RE: Research Request Page 1 of _ 37
Anderson, Charlene
From: Sue Enger[senger@mrsc.org]
Sent: Monday, September 12, 2005 3:55 PM
To: Anderson, Charlene
Subject: RE: Research Request
The following codes address shipping containers in residential areas or in general:
o Burien Municipal Code, §19.17.040
htm://www.ci.burien.wa.us/commdvlpmnt/zoning/zoningcode 17.pdf
o SeaTac Municipal Code - Secs. 15.10.098
http://www.ci.seatac.wa.us/mcode/smcl51009800.htm, 15.13.062, 15.13.063, and
15.13.064 -httwww.ci.seatac.wa us/mcode/.smcl_51300000_.htm
o Moses Lake Municipal Code, Chapter 18.76 Cargo Containers - ham://www.ci.moses-
lakew.a.us/files/documents/municipal_code/CHAP18 www
.766_pdf and, http:// .ci.moses-
lake.wa us/files/documents/municipalcode/CHAPI806.pdf
o Tukwila Municipal Code, §18.50.060 — Cargo Containers as Accessory Uses, 18.06.137
(definition), 18.10.030(7), 18.12.030(7), and 18.14.030(6) — permitted uses in various
residential zones -ham://www.ci.tukwila.wa.us/tmc/titlel8_ndf
o Tukwila Ordinance No. 1989 -htty://www.mrsc.orWords/tgo1989.pdf
• o Riverside (CA) Municipal Code, §19.73.010, 19.73.060 — 090 -
http•//www riversideca.gQv/city=clerk/Title/62019/19.pdf
These codes simply prohibit cargo containers:
o Brewster Municipal Code, see. 17.10.120 — see section B — prohibits cargo containers as
accessory building - http//__nt5.sc_bbs.coni/cgi-bin/om_isapi.d_ll?
clientID=267879&infobase=brewster.nfo&jump=17.10&softt age=PL_frame#JUMPDEST
o Cheney Municipal Code, secs. 21.08.455 — definition
<hLtp://www.bpcnet.com/codes__/cheney/_DATA/TITLE2 LChapter_21_08_Definitions.html
and 21.48.070> and
http//www.bpcnet.cQmLodes/cheney/_DATA/TITLE2I/Chapter_21_48_General_Use_Prol
—prohibits shipping containers as storage buildings or living units
o Pasco Municipal Code, secs. 25.12.430, 25.22.030(3), 25.24.030(3), and 25.26.030 —
prohibits container storage- http://www,ci.vasco wa_us/pmc/Title25.html
o Cashmere Municipal Code - Secs. 17.08.010(S) and 17.58.090(A)(5) -
http;//www.ci�ofcashrrere.Qr i dudes/title17-incl.htm
o Lakewood Municipal Code, §18A.50.140(E) — prohibits in residential zones
http://municode.cityoflakewood.us/toc.php?TitleNumber--18A#
o Puyallup Municipal Code, §20.20.040(15) & 20.20.040(17)
http://www,mrsc.org/mc/puvallup/Puva1120.html#20.20
9/12/2005
RE: Research Request Page 2 of . 38
Burien and SeaTac have the most comprehensive regulations I could find concerning cargo containers.
Note how SeaTac has defined cargo containers as structures when used for purposes other than storage.
Susan C. Enger
Planning Consultant
Municipal Research &Services Center
2601 4th Ave, Suite 800
Seattle, WA 98121-1280
Phone: (206)625-1300
Fax: (206)625-1220
E-mail: senger@mrsc.org
-----Original Message---
From: Shannon Shaffer On Behalf Of Receptionist
Sent: Friday, September 09,2005 1:29 PM
To: Sue Enger
Subject: FW: Research Request
----Original Message-----
• From: Canderson@ci.kent.wa.us[mailtoCanderson@ci.kent.wa_.us]
Sent: Friday, September 09, 2005 12:41 PM
To: Receptionist
Subject: Research Request
Name: Charlene Anderson
City or County Employed by: City of Kent
Department: Community Development
Position: Planning Manager
Phone: (253)856-5431
Fax: (253)856-6454
Address:
220 4th Avenue South
Kent, WA 98032-5895
E-mail: Canderson@ci.kent.wa.us
Research Request:
Do you know of cities who regulate the placement of shipping containers/rail cars to be used for storage in
residential zoning districts?
9/12/2005
--- 39
D. The availability or lack of alternative locations for the proposed adult entertain r fadlity and
E. The extent to which the proposed adult agatairk=t fadi4 can be avoided by alternative
vehicular and pedestrian routes;and
F. The extent to which the appliarm can minimize the adverse secondary effects associated with
the proposed adult artatai, r t fadlity.[Ord.396$ 1,2003,Ord.291§2,2000]
.040 Cargo Containers
1. Purpose. The purpose of this section is to promote vibrant,attractive pedestrian mixed use areas
while protecting residential neighborhoods and allow use of m7w mmlirm byButien businesses,
contractors and community-related usa to provide secure,easily accessible awwory storage at
relatively inexpensive levels.
2. Temporary Use. Cargo casinos may be used for temporary storage of equipment and/or
materials at a construction site during active construction that is authorized by a city pemti.
3. CkV aruarr>as are not allowed in the Downtown Commercial(DC),Office(0),Neighborhood
Center-(C,�and Special Planning Area 1 (SPA 1) zones,except as permitted in BMC 19.17.0402.
4. QvW arrairm are permitted as aassouy uses in 75idaaial zcw at a cmrrnoriy faalays gouwrroit
faalay,hcapual,p Axpok and mmui t faaluy,or sdxd.
A. All requirements,permits and approvals of BMC Titles 15, 18 and 19 pertaining to str imm
• shall apply,including but not limited to setbacks,la oxerage,oitiavlaras and transition area
requirements.
B. Ca7 arrwxis located within a rsi lmv zone shall be no greater in size than ten(10) feet by
twenty(20)feet,and shall have a stick built stnc!ure constructed to completely enclose the atV
amain .Upon removal of the=W xtrainer the screening stmawe shall also be removed. No
stick-built smam shall be required if the angoaxraiiwis totallysaamai from abutting m dauial
zare las as determined by the Dina ..
C. Caren a raisrers shall not be stacked.
D. Cargo arraiixr shall not occupy any required off-saw pzrkingspads,vehicular access,
pedestrian facilities or landscape areas for the site,
5. CaV araainm are pemutted as aassory wa in the Industrial(0,Intersection Commercial(a),
Community Commercial(0,31 and CG2),Regional Commercial(CR),Special Planning Area 3
(SPA-3),Special Planning Area 4(SPA-4) zones and in the SPA-2 zone as pan of the master plan
review(pursuant to BMC 19.15.060.1). Caro mrrairers in these zones are subject to the requirements
below. Ahpkvz un¢ lozd detias located in the I and SPA-4 zones are not regulated as arrgo xrrai7rrs.
A All requirements,permits and approvals of BMC Titles 15,18 and 19 pertaining to snuazas
shall apply,including but not limited to sedu&s,la mtewg;oitical am and transition area
requirements.
B. Capp arrainas shall be saumai from abutting rights-cf u y and ad Dying lass with a minimum of
10 feet of Type I larrlscog. The Di7war may approve alternate sovmi?g*that achieves the intent
of a visual barrier. In reviewing alternate sotertarg,the Dirazcv shall consider the proposed
Chapter 19.17-Misc. Standards City of Burien,Washington
(Revised 4/05) Page 17.7
40
location of the avW cwavrr,amount of usable space on the site for lac dkVirg,view of the azr�o
arnamrrfrom abutting rigs-cf uuy and a4ciwg Icy,and the physical condition of the ango
mtabrr. All proposed sowwC shall be submitted for the review and approval by the Diraror.
G Cargoartairrrs shall not be located between a Irrrildirrg and front prTertyliw. On a sitewith all
fA n pnpenyli,z,the wW arnaitrrshall be placed in a location that minimizes visual impact of
the azr u c r&vrr from surrounding stress and properties.
D. Came artairrrs shall be painted to match the primary color of the adjacent building If the argv
catairrr is located within a hdLi gor not visible from abutting rights-gfvjry and acl'ararg Ids as
determined by the Dire ,painting is not required.
E. A ar7 aarnairrr located within 100 feet of a rsAnial zar shall be no greater in size than ten
(10)feet by twenty(20) feet,and shall have a stick-built struawr constructed to completely
enclose the azr�o avuabxr.Upon removal of the a rgrrartairrr the screening sw&wr shall also be
removed.No stick-built s&uawr shall be required if the avw arnairrris totallysomr d from
abutting mizlazrdzowka as determined by the Dirasw:
F. Cargr ctrtazners shall not occupy any required off-stret pPkirgspaQ5,vehicular access,
pedestrian facilities or landscape areas for the site
G. CwW artairrrs may be stacked two-high in the Industrial(I)zone,and shall not be stacked in
any other zone.
H. Cargo artavxn shall not be used for warehouse/storage as the primary use of the property.
I. Outdoor archer avnainers shall not be refrigerated.
6. Legal Nonconforming Cargo Containers: Cargo m7airrrs that have been legally located on a site
prior to November 12,2002 shall be a legal rn mqx nr stnrtrere In addition to the provisions for
nonconforming structures in BMC 19.55,avgo mrtairrrs shall lose legal nmmg674rg status under the
following circumstances:
A. Any legal norwarrirgazV mta wthat is moved to a different location on a site shall
comply with the requirements of BMC 19.17.040.
B. If a legal nonconforming azV mrrainer is removed from a sire,any subsequent avW mrtairrrs
placed on the sire shall comply with the requirements of BMC Titles 15, 18 and 19.
7. Illegal Cargo Containers: CxW artabm located on a site prior to{Effective date of ordinance)
that do not have all required permits and approvals are considered illegal and shall have until (12
months after effective date of ordinance) to either come into compliance with BMC Titles 15,18
and 19 or be removed.
8. Permits for azrbaami,=shall include all necessary approvals from the Dior,Building Official
and Fire Marshal. Required permits include a building permit and a General Use Fire Permit.Use of
the container shall not inhibit the Building Official and/or Fire Marshal from conducting all
necessary inspections. [Ord.396§1,2003,Ord.369$1,2002;Ord.313 $1,2000]
Chapter 19.17-Misr.Standards City of Burien,Washington
(Revised 4105) Page 17-5
15.10.098 Cargo Containers Page 1 of 41
Ole ;
15.10.098 Cargo Containers
A standardized, reusable vessel, designed without an axle or wheels,
which was:
A. Originally, specifically, or formerly designed for or used in the
packing, shipping, movement or transportation of freight, articles,
goods or commodities; and/or
B. Designed for or capable of being mounted or moved on a rail car;
and/or
C. Designed for or capable of being mounted on a chassis or bogie
for movement by truck trailer or loaded on a ship.
When used for any purpose other than those listed in subsection A of
this section, a cargo container is a structure (SMC 15.10.631). (Ord.
01-1010 § 1)
Updated July 7, 2005 City Of SeaTdC
Current Through Ord. 05-1008
Home Pao
T ki Voice:206.973.4660
Fax:206.973.4809
E-mail
http://www.ci.seatac.wa.us/mcode/smcl51009800.htm 9/12/2005
15.10.631 Structure Page 1 of 42
• c.
15.10.631 Structure
Anything which is built or constructed (above or below grade), an
edifice of building of any kind, or any piece of work artificially built-up
or composed of parts joined together in some definite manner,
excluding benches, statuary, utility boxes/lights, light poles, minor
utility apertures, planter boxes less than forty-two (42) inches in
height, fences seventy-two (72) inches or under in height, and
residential tent structures. (Ord. 03-1016 § 2; Ord. 95-1016 § 6; Ord.
92-1041 § 1)
Updated July 7, 2005 City of SeaTac
Current Through Ord. 05-1008
1. Home.Page
Voice:206.973.4660
Fax:206.973.4809
E-mail
•
http://www.ci.seatac.wa.us/mcode/smcl51063100.htm 9/12/2005
15.13.062 Cargo Containers — Where Allowed and Regulations Page 1 of 43
i y ..
� . a
15.13.062 Cargo Containers —Where Allowed and Regulations
Cargo containers shall be allowed only within the Community
Business (CB), Community Business-Urban Center (CB-C), Aviation
Business Center (ABC) and Industrial (1) zones, subject to the
following provisions:
A. Cargo containers shall be stacked no more than two (2) containers
high. Stacking of cargo containers within a building is prohibited;
B. Cargo containers shall be screened from adjacent properties and
rights-of-way. Screening may be a combination of solid fencing,
landscaping, or the placement of the cargo containers behind,
between, or within buildings. All proposed screening shall be
submitted for the review and approval by the Director of Planning
and Community Development;
C. Cargo containers within the CB-C zone shall not be used for
warehouse/storage as the primary use of the property;
D. If a cargo container is located on a lot adjacent to a residential
zone, the cargo container shall be no greater in size than ten (10)
feet by twenty (20) feet, and shall have a stick-built structure, with
a peaked roof, constructed to completely enclose the container.
No stick-built structure shall be required if the cargo container is
totally screened from adjacent residential properties as
determined by the Director of Planning and Community
Development.
Adjacent property is defined as property that abuts the residential
zone. Property located across a public right-of-way is not regarded
as adjacent property;
E. Cargo containers shall not occupy any required off-street parking
spaces for the site or property and the location must comply with
all setback requirements;
F. The location and use of cargo containers on a site shall conform to
all requirements and approvals of SMC Titles 13 and 15;
G. The location of a cargo container within a structure shall be
approved by the Fire Department and Building Division. (Ord. 01-
http://www.ci.seatac.wa.us/mcode/smcl5l3O6200.htm 9/12/2005
15.13.062 Cargo Containers — Where Allowed and Regulations Page 2 of . 44
. 1010 § 2)
Updated July 7, 2005 City of SeaTac
Current Through Ord. 05-1008 Home Page
TOG Voice:206.973.4660
Fax:206.973.4809
E-mail
http://www.ci.seatac.wa.us/mcode/smcl5l306200.htm 9/12/2005
15.13.063 Cargo Containers —Accessory Use Page 1 of 45
Y
V.
y.
oi
15.13.063 Cargo Containers — Accessory Use
A. The Director of Planning and Community Development may allow
a cargo container as an accessory use for permitted or conditional
uses, but not including dwelling units, in all other zones not listed
in SMC 15.13.062, subject to the criteria set forth in subsection B
of this section.
B. Cargo containers allowed as an accessory use shall conform with
the following criteria:
1. Be located to minimize the visual impact to adjacent
properties, streets, and pedestrian facilities;
2. Be painted to match the color(s) of the adjacent building. If the
container is located within a building or not visible from
adjacent properties as determined by the Director of Planning
and Community Development, painting is not required;
3. Be screened from adjacent properties and rights-of-way.
Screening may be a combination of solid fencing, landscaping,
or the placement of the cargo containers behind, between, or
within buildings. All proposed screening shall be submitted for
review and approval by the Director of Planning and
Community Development;
4. The location and use of cargo containers on a site shall
conform to all requirements and approvals of SMC Titles 13
and 15;
5. The location of a cargo container within a structure shall be
approved by the Fire Department and Building Division;
6. Cargo containers shall not occupy any required off-street
parking spaces for the site or property and the location must
comply with all setback requirements;
7. If a cargo container is located on a lot within, or adjacent to a
residential zone, the cargo container shall be no greater in size
than ten (10) feet by twenty (20) feet, and shall have a stick-
built structure, with a peaked roof, constructed to completely
http://www.ci.seatac.wa.us/mcode/smc151306300.htm 9/12/2005
15.13.063 Cargo Containers — Accessory Use Page 2 of 46
enclose the container. No stick-built structure shall be required if
the cargo container is totally screened from adjacent properties
as determined by the Director of Planning and Community
Development;
8. Only one (1) cargo container shall be allowed on property
located within a residential zone or on property located
adjacent to a residential zone. The property owner may
request additional cargo containers subject to the Conditional
Use Permit (CUP) process under SMC 15.22,_030.
Adjacent property is defined as property that abuts the
residential zone. Property located across a public right-of-way
is not regarded as adjacent property;
9. Cargo containers shall not be stacked. (Ord. 01-1010 § 3)
Updated July 7, 2005 City of SeaTac
Current Through Ord. 05-1008
_ Home Page
Voice:206.973.4660
Fax:206.973.4809
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15.13.064 Cargo Containers— Loss of Nonconforming Status Page 1 of 47
"�,;' Toc
15.13.064 Cargo Containers— Loss of Nonconforming Status
Cargo containers that have been legally located on property prior to
the adoption of the ordinance codified in SMC 15.13.062 and
15.13.063 shall be a legal nonconforming use of the property. Cargo
containers shall lose legal nonconforming status under the following
circumstances:
A. Any legal nonconforming cargo container that is moved to a
different location on a site shall comply with the requirements of
SMC 15.13.062 and/or 15.13.063.
B. If a legal nonconforming cargo container is removed from a
property, any subsequent cargo containers placed on the property
shall comply with the requirements of SMC 15.13.062 and/or
15.13..063.
C. If a legal nonconforming cargo container is moved off a residential
zoned property containing a residential use, no new container may
be moved onto the property. (Ord. 01-1010 § 4)
Updated July 7, 2005 City of SeaTac
Current Through Ord. 05-1008
Home-Page
Voice:206.973.4660
'i Fax:206.973.4809
E-mail
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48
This page intentionally left blank.
49
TUKWILA MUNICIPAL CODE
18.06.105 Building Line 2. Designed for or capable of being mounted
"Building line" means the line of face or corner of or moved on a rail car; and/or
part of a building nearest the property line. 3. Designed for or capable of being mounted
(Ord. 1758§I(part), 1995) on a chassis or bogie for movement by truck trailer or
loaded on a ship.
18.06.110 Building, Nonconforming (Ord. 1989§I, 2000)
"Nonconforming building" means a building or
structure which does not conform in its construction, 18.06.140 Certified Arborist
area, yard requirements or height to the regulations of "Certified arborist" means an arborist certified by
the district in which it is located. the International Society of Arboriculture or National
(Ord. 1758§](part), 1995) Arborist Association.
(Ord. 1758§1(part), 1995)
18.06.115 Building Permit
"Building permit" means a permit for construction 18.06.145 Clearing
in accordance with specific approved plans that are on "Clearing" means removal or causing to be
file with the DCD. removed, through either direct or indirect actions, any
(Ord. 1758§1(part), 1995) vegetation from a site. Actions considered to be clearing
include, but are not limited to, causing irreversible
18.06.118 Bulk Retail damage to roots or trunks; poisoning; destroying the
"Bulk Retail" is a business or store that specializes structural integrity; and/or any filling, excavation, grad-
in the sale of large goods, requiring large on-site storage. ing, or trenching in the root area of a tree which has the
Bulk retail is further distinguished by a lower trip potential to cause irreversible damage to the tree.
generation rate than other retail stores, as evidenced by (Ord. 1758§1(part), 1995)
a traffic study or other appropriate analysis. Examples
include furniture stores, appliance stores and other 18.06.150 Clinic
uses as approved by the Director. "Clinic" means a building designed and used for
(Ord. 1795§i(part), 1997) the medical, dental and surgical diagnosis and treatment
of patients under the care of doctors and nurses and/or
18.06.120 Bus Station practitioners.
"Bus station" means a facility providing connec- (Ord. 1758§1(part), 1995)
tions between buses serving different inter-city routes.
(Ord. 1758§I(part), 1995) 18.06.152 Closed Record Appeal
"Closed record appeal" means a quasi-judicial
18.06.125 Caliper appeal to a hearing body designated by this chapter
"Caliper" means the American Association of Nur- from a decision regarding a project permit application
serymen standard for measurement of trunk size of that was made after an open record hearing. Testi-
nursery stock. Caliper of the trunk shall be taken 6 mony and submission of relevant evidence and
inches above the ground. information shall not be permitted at a hearing on such
(Ord. 1758§162art), 1995) an appeal. The hearing on such an appeal shall be
limited to argument based on the testimony, evidence
18.06.130 Canopy and documents submitted at the open record hearing
"Canopy" means an area encircling the base of a conducted on the project permit application.
tree, the minimum extent of which is delineated by a (Ord. 1768§1(part), 1996)
vertical line extending from the outer limit of a tree's
branch tips down to the ground. 18.06.155 Club
(Ord. 1758§1(part), 1995) "Club" means an incorporated or unincorporated
18.06.135 Canopy Cover association of persons organized for a social, education,
PY literary or charitable purpose.
"Canopy cover" means the cumulative areal
extent of the canopy of all trees on the site. (Ord. 1758 §I(part), 1995J
(Ord. 1758 §!(part), 1995) 18.06.165 Comprehensive Plan
"Comprehensive Plan" means the adopted City of
18.06.137 Cargo Container Tukwila Comprehensive Plan.
"Cargo container" means a standardized, reusable (Ord. 1758§](part), 1995)
vessel that was:
1. Originally, specifically or formerly designed
for or used in the packing, shipping, movement or
transportation of freight, articles, goods or commodities;
and/or,
Page 18-8 Printed February 2005
50
TUKWILA MUNICIPAL CODE
which shall become a part of the ordinance codified in 18.50.070 Yard Regulations
this section by adoption of the Council and found on A. Fences, walls, poles, posts, and other cus-
file in the office of the City Clerk. No building or struc- tomary yard accessories, ornaments, furniture may be
ture shall be erected, altered or maintained, nor shall permitted in any yard subject to height limitations and
any tree be allowed to grow to a height in excess of the requirements limiting obstruction of visibility to the
height limit herein established in any of the several detriment of public safety.
zones created by this section; provided, however, that B. In the case of through lots, unless the pre-
this provision shall not prohibit the construction of or vailing front yard pattern on adjoining lots indicates
alteration of a building or structure to a height of 35 feet otherwise, front yards shall be provided on all
above the average finish grade of the lot. Where an frontages.
area is covered by more than one height limitation C. Where the front yard that would normally be
zone, the more restrictive limitations shall prevail. required on a lot is not in keeping with the prevailing
Under the provision of this section, the City adopts the yard pattern, the DCD may waive the requirement for
following airport height map: Airport Height Map: King the normal front yard and substitute therefor a special
County International Airport (Boeing Field), August 1, yard requirement which shall not exceed the average
1986, and as the same may be amended. of the yards provided on adjacent lots.
(Ord. 1758 91(parr), 1995) D. In the case of corner lots, a front yard of the
required depth shall be provided in accordance with
18.50.060 Cargo Containers as Accessory the prevailing yard pattern, and a second front yard of
Structures half the depth required generally for front yards in the
A. Cargo containers are allowed outright in the LI, district shall be provided on the other frontage.
HI, MIC/L, MIC/H and TVS zones, subject to building E. In the case of corner lots with more than two
setbacks. frontages, the DCD shall determine the front yard
B. New containers may be allowed as accessory requirements, subject to the following conditions:
structures in LDR. MDR, and HDR, for institutional uses 1. At least one front yard shall be provided
and in RC, RCM, TUC and C/Ll for any permitted or having the full depth required generally in the district;
conditional use. All new containers are subject to a 2. The second front yard shall be the
Type 2 special permission decision and the restrictions minimum set forth in the district;
in the various zoning districts. 3. In the case of through lots and corner lots,
C. Criteria for approval are as follows: there will be no rear yards but only front and side
1. Only two cargo containers will be allowed yards;
per lot, maximum length of 40 feet. 4. In the case of through lots, side yards shall
2. The container is located to minimize the extend from the rear lines of front yards required. In
visual impact to adjacent properties, parks, trails and the case of corner lots, yards remaining after full and
rights-of-way as determined by the Director. half-depth front yards have been established shall be
3. The cargo container is sufficiently screened considered side yards. (See Figure 18-4.)
from adjacent properties, parks, trails and rights-of-way, (Ord. 1758 91(part), 1995)
as determined by the Director. Screening may be a
combination of solid fencing, landscaping, or the 18.50.080 Exemption of Rooftop Appurtenances
placement of the cargo containers behind, between or The height limitations specified in this chapter shall
within buildings. not apply to church spires, monuments, chimneys,
4. If located adjacent to a building, the cargo water towers, elevator towers, mechanical equipment,
container must be painted to match the building's color. and other similar rooftop appurtenances usually
5. Cargo containers may not occupy any required to be placed above the roof level and not
required off-street parking spaces. intended for human occupancy or the provision of
6. Cargo containers shall meet all setback additional floor area; provided, that mechanical equip-
requirements for the zone. ment rooms or attic spaces are set back at least ten feet
7. Outdoor cargo containers may not be from the edge of the roof and do not exceed 20 feet in
refrigerated. height.
8. Outdoor cargo containers may not be (Ord. 1758§/(part), 1995)
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.
(Ord. 2066,§l, 2004; Ord. 1989 99. 2002)
Page 18-102 Printed February 2005
51
Not an Official Copy.
CITY OF TUKWILA,WASHINGTON
Ordinance No.1989
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
1758, AND 1976 AND CHAPTERS 18.06, 18.10, 18.12, 18.14, 18.24,
1&26, 18.28, 18.30, 18.50 AND 18.70 OF THE TUKWILA
MUNICIPAL CODE, TO CLARIFY AND UPDATE ZONING
CODE PROVISIONS REGULATING THE USE OF CARGO
CONTAINERS AS ACCESSORY BUILDINGS;PROVIDING FOR
SEVERABILITY;AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations may be reviewed and updated as
appropriate;and
WHEREAS, the City recognizes the proliferation of cargo or shipping containers being
used as accessory buildings;and
WHEREAS,shipping or cargo containers are appropriate for use as permanent accessory
buildings or storage sheds in residential or commercial zones only if they are properly located
and screened;and
WHEREAS, due to their size and industrial appearance, no new shipping or cargo
containers are desired in residential zones except for use by specific institutions;and
WHEREAS,the City of Tukwila Planning Commission has recommended the adoption of
certain Zoning Code requirements;and
WHEREAS, the City Council held a public hearing on the proposed amendments March
18,2002,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 necessary;
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF TUKWILA,WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. "Cargo Container" Defined. TMC Chapter 18.06, Definitions, is hereby
amended to add the following section:
18.06.137 Cargo container.
"Cargo container"means a standardized,reusable vessel that was:
1. Originally,specifically or formerly designed for or used in the packing, shipping,
movement or transportation of freight,articles,goods or commodities,and/or,
2. Designed for or capable of being mounted or moved on a railcar,and/or
3. Designed for or capable of being mounted on a chassis or bogie for movement by
truck trailer or loaded on a ship.
Cargo Cmwiw,0,dJ30,01
52
Section 2. Ordinance 1976§18,Ordinance 1758§1(part),as codified at Section 18.10.030 of
the Tukwila Municipal Code, (Low Density Residential)Accessory Uses, is hereby amended to
read as follows:
18.10.030 Accessory uses.
The following uses and structures customarily appurtenant to a permitted use,and clearly
incidental to such permitted use,are allowed within the Low Density Residential district.
1. Adult day care.
2. Accessory dwelling unit,provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet,whichever is less;
c. one of the residences is the primary residence of a person who owns at least
50%of the property;
d. dwelling unit is incorporated into the primary detached single-family
residence,not a separate unit,so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet,and a minimum of four spaces for units over 600 square feet;and
f. the units are not sold as condominiums.
3. Family child care homes,provided the facility shall be licensed by the Department
of Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Garage or carport(private)not exceeding 1,500 square feet in floor area,provided
it is located on the same lot as the principal use and is subject to the regulations affecting the
main building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet
in floor area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools,or government facilities
may have two cargo containers per lot with approval as a Type 2 decision;criteria are listed at
TMC 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than 30
feet from a side or rear lot line. It shall provide capacity for not more than one horse,mule or
pony for each 20,000 square feet of stable and pasture area,but not more than a total of two of
the above-mentioned animals shall be allowed on the same lot.
Ca,go Cd1W,.ee Ord S/J0.01
53
iSection 3. Ordinance 1976§21,Ordinance 1758§1(part),as codified at Section 18.12.030 of
the Tukwila Municipal Code,(Medium Density Residential)Accessory Uses,is hereby amended
to read as follows:
18.12.030 Accessory uses.
The following uses and structures customarily appurtenant to a permitted use,and clearly
incidental to such permitted use,are allowed within the Medium Density Residential district.
1. Adult day care.
2. Accessory dwelling unit,provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet,whichever is less;
c. one of the residences is the primary residence of a person who owns at least
50%of the property;
d. dwelling unit is incorporated into the primary detached single-family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet,and a minimum of four spaces for units over 600 square feet;and
f. the units are not sold as condominiums.
3. Family child care homes,provided the facility shall be licensed by the Department
of Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Garage or carport(private)not exceeding 1,500 square feet in floor area,provided
it is located on the same lot as the principal use and is subject to the regulations affecting the
main building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet
in floor area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government facilities
may have two cargo containers per lot with approval as a Type 2 decision;criteria are listed at
TMC 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than 30
feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or
pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of
the above-mentioned animals shall be allowed on the same lot.
ca.ga Cbmd rOra MOM
54
iSection 4. Ordinance 1976§25,Ordinance 1758§1(part),as codified at Section 18.14.030 of
the Tukwila Municipal Code,(High Density Residential)Accessory Uses,is hereby amended to
read as follows:
18.14.030 Accessory uses.
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use,are allowed within the High Density Residential district.
1. Adult day care.
2. Accessory dwelling unit,provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet,whichever is less;
c. one of the residences is the primary residence of a person who owns at least
50%of the property,
d. dwelling unit is incorporated into the primary detached single-family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet,and a minimum of four spaces for units over 600 square feet;and
f. the units are not sold as condominiums.
3. Family child care homes,provided the facility shall be licensed by the Department
of Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet
in floor area.
5. Home occupations.
6. Institutional uses such as hospitals, food banks, schools, or government facilities
may have two cargo containers per lot with approval as a Type 2 decision;criteria are listed at
TMC 18.50.060.
7. Parking areas.
8. Private stable, if located not less than 60 feet from front lot line nor less than 30
feet from a side or rear lot line.It shall provide capacity for not more than one horse, mule or
pony for each 20,000 square feet of stable and pasture area,but not more than a total of two of
the above-mentioned animals shall be allowed on the same lot.
Section 5. Ordinance 1976 §43 and Ordinance 1758 §1 (part), as codified at Section
18.24.030 of the Tukwila Municipal Code, (Regional Commercial) Accessory Uses, is hereby
amended to read as follows:
18.24.030 Accessory uses.
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use,are allowed within the Regional Commercial district.
Cnrgo CanW~Ord5,30,W
55
1. Adult day care.
2. Cargo container;two may be allowed per lot with approval as a Type 2 decision;
criteria are listed at TMC 18.50.060.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches,universities,colleges or schools.
4. Family child care homes,provided the facility shall be licensed by the Department
of Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Parking areas.
6. Recreational area and facilities for employees.
7. Residences for security or maintenance personnel.
Section 6. Ordinance 1976 §46 and Ordinance 1758 §1 (part), as codified at Section
18.26.030 of the Tukwila Municipal Code, (Regional Commercial Mixed Use)Accessory Uses,is
hereby amended to read as follows:
18.26.030 Accessory uses.
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial Mixed Use
district.
1. Adult day care.
2. Cargo container;two may be allowed per lot with approval as a Type 2 decision;
criteria are listed at TMC 18.50.060.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches,universities,colleges or schools.
4. Family child care homes,provided the facility shall be licensed by the Department
of Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
Section 7. Ordinance 1976 §49 and Ordinance 1758 §1 (part), as codified at Section
18.28.030 of the Tukwila Municipal Code, (Tukwila Urban Center) Accessory Uses, is hereby
amended to read as follows:
18.28.030 Accessory uses.
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use,are allowed within the Tukwila Urban Center district.
1. Adult day care.
Cargo Co Ironer Ord5130,W
56
2. Cargo container;two may be allowed per lot with approval as a Type 2 decision;
criteria are listed at TMC 18.50.060.
3. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches,universities,colleges or schools.
4. Family child care homes,provided the facility shall be licensed by the Department
of Social and Health Services Office of Child Care Policy and shall provide a safe passenger
loading zone.
5. Home occupation.
6. Parking areas.
7. Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
Section 8. Ordinance 1976 §52 and Ordinance 1758 §1 (part), as codified at Section
18.30.030 of the Tukwila Municipal Code, (Commercial Light Industrial) Accessory Uses, is
hereby amended to read as follows:
18.30.030 Accessory uses.
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use,are allowed within the Commercial Light Industrial district.
1. Cargo container;two may be allowed per lot with approval as a Type 2 decision;
criteria are listed at TMC 18.50.060.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches,universities,colleges or schools.
3. Parking areas.
4. Recreational area and facilities for employees.
5. Residences for security or maintenance personnel.
Section 9. A new section is hereby added to TMC Chapter 18.50, Supplemental
Development Standards,of the Tukwila Municipal Code to read as follows:
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/Ll 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.
C. Criteria for approval are as follows:
1. Only two cargo containers will be allowed per lot,maximum length 30 feet.
2. The container is located to minimize the visual impact to adjacent properties,
parks,trails and rights-of-way as determined by the Director.
Ca,ga Co seiner Ord Sli0W
57
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 10. A new section is hereby added to TMC Chapter 18.70, Nonconforming Lots,
Structures and Uses,of the Tukwila Municipal Code to read as follows:
18.70.130 Cargo containers.
A. All cargo containers that have been installed in the LDR,MDR,HDR, MUO,Q,RCC,
NCC, RC, RCM, TUC or C/LI zones as of April 15, 2002 must either receive Type 2 special
permission approval or be removed by April 15,2003. Criteria for approval are as follows:
1. Only one cargo container will be allowed per lot.
2. 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.
3. If located adjacent to a building,the cargo container must be painted to match the
building's color.
4. Cargo containers may not occupy any required off-street parking spaces.
5. Cargo containers shall meet all setback requirements for the zone.
6. Outdoor cargo containers may not be stacked.
S. All containers so approved will be considered legal structures and may remain in
place so long as the location and screening are not altered. If an approved cargo container is
moved off a residential zoned property containing a residential use,no new container may be
moved onto the property.
Section 11. 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.
i
Cargo Con ..Ord590.07
19
Section 12 Effective Date. This ordinance or a sununary thereof shall be published in the 58
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 15 day of April 2002.
Steven M.Mullet,Mayor
ATTEST/AUTHENTICATED:
Jane E.Cantu,CMC,City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
C41W C.M.,Ord3/30,02
Page 1 of . 59
E. Railroad cars, shipping containers, and semi-truck trailers shall not be placed or maintained
in any single-family residential, mixed residential, or multi-family residential zoning district.
(Ord. 307 ? 20, 2003; Ord. 277 ? 1(part), 2002; Ord. 264 ? 1 (part), 2001.)
http://municode.cityoflakewood.us/show-section.php?id=4735 9/12/2005
60
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•
Title 20 ZONING CODE Page 1 of � 61
. (15) Shipping Containers. No person shall place or cause to he placed any
shipping container on any property located within this zone. (Ord. 2754 § 4, 2003;
Ord. 2704 § 1, 2001; Ord. 2683 § 4, 2001; Ord. 2525 § 1, 1997; Ord. 2507 § 2,
1997; Ord. 2513 § 1 (Att. A § 2), 1997; Ord. 2454 § 1, 1995; Ord. 2316 § 1, 1992;
Ord. 2212 § 1, 1989; Ord. 2196 § 2, 1989; Ord. 2147 Exh. A, 1987).
•
http://www.mrsc.org/mc/puyallup/Puya1120.html 9/12/2005
62
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•
63
• LAW:DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5770
K1EN T Fax: 253-856-6770
WASH I NGTCN
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
September 19, 2005
TO: Planning and Economic Development Committee
FROM: Kim Adams Pratt, Assistant City Attorney it-IV
CC: Charlene Anderson, Planning Manager
Gloria Gould-Wessen, Planner/GIS Coordinator
Imo,: Recent Urban Density Case—City of Bothell
This memorandum is being sent as a follow up to my August 15, 2005, memorandum in
which I sutmnarized the Central Puget Sound Growth Management Hearings Board's (the
"Board") decisions on the issue of appropriate urban densities in Kaleas v. Normandy Park and
1000 Friends VII v. Issaquah. On August 29, 2005, the Board issued its decision in Fuhriman v.
City of Bothell, CPSGMHB Case No. 05-3-0025c, which is a challenge to the urban densities in
Bothell's 2004 Comprehensive Plan Update. In its Update, Bothell eliminated all of its R-1, R-2,
and R-3 land use designations, but created designations of R-40,000 square feet (1.08 dwelling
units per acre (du/ac)) and R-9600 square feet (4.5 du/ac). As you know, in Normandy Park and
Issaquah, the Board provided a set of six factors that it said would be used to determine if a
municipality 'had complied with the Growth Management Act's ("GMA") requirement for
appropriate urban densities. Below are the factors used by the Board and the how the Board
applied those factors to Bothell's case.
1. Is the municipality able to accommodate its share of the 20 year growth forecast, now
and in the future?
In the Bothell case, it was undisputed that Bothell is accommodating the growth projected
by OFM, and allocated to it by King and Snohomish County.
2. Is the municipality encouraging and stimulating urban growth?
3. Is the municipality providing for compact urban growth (providing for urban
densities)?
64
MEMORANDUM:
Planning and Economic Development Committee
September 19„ 2005
Page: 2
The Board found that Bothell was providing for urban growth. The focus of this issue,
however, was different then the focus in the Normandy Park and Issaquah cases. hr Bothell, the
Petitioners argued that Bothell was not satisfying the bright line rule of 4 du/ac with its R-9600
because Bothell based its calculations on net, rather than gross acreage. The Board upheld
Bothell's use of net densities finding that the Board had acknowledged in previous decisions that
certain "deductions" from gross area are an appropriate means of determining buildable area and
determining the net density yield in units per acre.
Bothell included in its definition of net buildable acreage deductions for roads, right-of-
way, critical areas, lands dedicated to the City, stormwater retention and detention, water quality
facilities, and critical areas buffers. The Board held that the specific items deducted in the net
density calculation "is a policy choice .for local government to make, so long as they are
supported by evidence in the record and consistent with the goals and requirements of the Act."
The Board found that the categories listed by Bothell have generally been recognized as
unavailable for housing and may be deducted from gross acreage to determine buildable acres.
The Board added that a review of relevant provisions of the Bothell's 2004 Plan Update suggest
that the City has taken appropriate steps, such as eliminating the R-1, R-2, and R-3 designations,
and has provided for a yield of 4 du/ac with the R-9600 residential designation in its Plan. The
Board explained that it was "mindful that de minimus variations may occur. However, such
variations should be minimized through techniques such as lot-size averaging, density bonuses or
credits, cluster development, perhaps maximum lot sizes, and other innovative techniques."
4. Has the municipality determined that its critical areas regulations do not adequately
protect identified and designated critical areas?
The Board found that Bothell had made a determination of inadequacy. For the 357 acres
designated R-40,000, Bothell found that its present critical areas regulations were inadequate in
protecting the critical areas at issue and needed the added protection of a low density
designation. This was evidenced by a report that Bothell had commissioned (the "Litowitz
Report") and the fact that Bothell's Planning Commission recommended a special overlay
designation to protect the area, applied in addition to the critical area ordinance.
5. For those areas designated by the municipality at less than 4 du/ac, do these areas
include the_following rational for allowing an exception to the 4 du/ac bright line rule:
a) contain large scale, complex, high value critical areas that require an
additional level of protection? (Litowitz test)
Yes, for Bothell's Fitzgerald Subarea. Bothell's Litowitz report concluded that the
Fitzgerald Subarea "contained critical areas that were large in scope, complex in function and
structure and of high rank order value." The area was "hydrologically connected through
65
MEMORANDUM:
Planning and Economic Development Committee
September 19, 2005
Page: 3
numerous wetland and several creeks, contained fish and wildlife habitat conservation areas and
geologically hazardous areas." Within this subarea there were 14 wetlands covering 33 acres
and a large 18 acre wetland linked to other wetlands. Landslide and seismic hazard areas were
also present. The Board stated that "the overall size and interconnectedness of the affected
hydrologic system is well documented; it is not inappropriate to look at sub-basin or related
hydrological features to assess critical areas in a specific area. "
b) contain limited unique geologic or topographical features that require the
additional protection through low densities than can be provided by critical area
regulations?
The Bothell case is the first to provide case specific analysis for this question. The Board
found that Bothell's Norway Hill Subarea satisfied this criterion. Bothell argued that for Norway
Hill a designation higher than R-40,000 was inappropriate due to physical constraints deriving
from steep slopes, erosive soils, and the difficulty of providing urban services. The City also
relied on the fact that this area included aquifer recharge areas, which are a potential cold water
source for Chinook salmon. The City acknowledged that its Norway Hill Subarea would not
meet the Litowitz test, but found that the area had its own special factors for needing low density
protection, and that the decision to provide this protection was within the discretion afforded the
City by GMA.
hn the Normandv Park case, Board member Paigler addressed in her concurring opinion
what type of evidence would be necessary to satisfy this criterion. She explained that a City
would need the geologically hazardous critical areas mapped using best available science, and
that the functions and values of those areas would need to be identified. The City would then
need to articulate why the critical area protections need to be supplemented by low density
designations in order to protect those functions. In Bothell, the evidence used to support the
Norway Hill designation included geologic hazard area maps (landslides, erosive soils) that
corresponded to the R-40,000 Norway Hill area. Bothell's Comprehensive Plan Update also
contained policies specific to soils, slopes, and geologically hazardous areas. The Board noted
positively that the maps were created in 2002 based on a combination of high-quality elevation
data and best available geologic information.
c) contain existing equestrian communities?
d) impermissibly perpetuating an existing low density pattern?
e) fall within phasing contingent on provision of urban services that limits low
density to a date certain?
66
MEMORANDUM:
Planning and.'Economic Development Committee
September 19., 2005
Page: 4
6. Whether the municipality "as a whole, is providing for appropriate net urban
densities"as required by GMA, considering the following:
a) the percentage of residential land designated at densities of 4 du/ac or more
("in particular, the extent to which considerable higher densities are allowed
and encouraged"
b) the percentage of residential land designated at densities less than 4 du/ac, and
c) what portion of low densities designated as vacant, underdeveloped, and
redevelopable infill7
In Bothell, the Board's decision did not focus on the percentages of land allotted to
various land use designations as it had in Normandy Park and Issaquah. The Board did,
however, acknowledge that Bothell has a variety of housing designations.
I will be at the September 12, 2005, public hearing to answer any questions that you may
have regarding the Bothell case or any other related legal issues. Also, feel free to call me at
(253) 856-5786 before the hearing if that would be more convenient.
P:ACin➢Fl LF,510pwFficslp9]G�PE�CMcmo-U51905.doc
CITY OF KENT
�1 L, ILyl r,
OFFICE OF THE CITY COUNCIL
SUBJECT: Planning and Econ. Dev. Committee Agenda Packets Sent on 9114/05
TO: Brenda Jacober, City Clerk
FROM: Pamela Mottram SIGNATURE: 7)awe&4 Wto&izam
es of the 9/19105 PLANNING& ECON DEV. COMMITTEE Agenda Packets were distributed as follows.
< ,�
City Council Members- Full Packet*(7) Deliver to City Clerk's Office—(7) Hard Pam Mottram
Tim C, JulieP, BruceW, RonH, LesT,DeborahR,DebbieRaplee Copies) in Cncl Mmbers Mail Bxes
TomB, RobertN, FredS, CharleneA, KimM, Gloria GouldWessen, Email Note: Distribute Hard Copies to: Pam Mottram
BrendaJacober, Bill Osborne, KimP, ReneeC Full Packet—(10) FS/CA/KP/RC/BJ > *(5)—hd copies)
Web Page —Mary Simmons Agenda &Full Packet Email: Front Page Mary Simmons
King County Journal Place in Box @-City Clerks- Full Packet FAX: 9-872-6611 >>Agenda Pam Mottram
Kent Reporter, Morris Malakoff Agenda EMAIL:morris,malakoffo�,reporiernewspaperscom Pam Mottram
Marcelle Pechler, Chamber of Commerce Full Packet Email: Mpechler(a)kentchamber.com Pam Mottram
Garrett Huffman, SKCtyMgr 425-451-7920E>d.236 Full Packet Email: ghuffman(a)mbaks.com Pam Mottram
Master Elders Assoc, 335 1161h Ave SE, Bellevue,WA 98004
Don Shalfer,KEdCAR.E.S,2070 North 78PSt,Seatle,WA 98103 FudPadret US Mail (1)
William T. Miller, 827 W. Valley Hwy#95, Kent 98032 Agenda US Mail (KBAB) Pam Mottram
Michael D. Manderville, 11415 SE 196 , Renton 98055 Agenda US Mail (KBAB) Pam Mottram
Ryan Zulauf, 24502 98 Ave. S., Kent 98030 Agenda US Mail Pam Mottram
Jennifer Gorman/Warren Perkins Agenda Email: warren.perkins@gwest.com Pam Mottram
Qwest Communications, 23315 66'h Ave S, Kent WA 98032
JStorment„EdCrawford,LBlanchard, GGill, MGillespie, JHodgson, Email: Pam Mottram
B Lopez,RGivens,KSenecaut,KSprotbery,MayorWhite,MMartin,
BColeman, BHutchinson, NTorgelson,TWhite,JSchneider, MHubner,
SMullen, LFlemm, BBilodeau, CHolden,JMorroW CBarry,SHeiserman, AGENDAS(37)
MGilbert,CHankins, KHanson, DHooper, MBockelie, LMoorehead, Email AGENDAS(7)
LUPB Members:Jon Johnson, Dana Ralph, Kenneth l%ndling,Steve
ell, David Malik, Elizabeth Watson,Tim Gimenez
attle Post Intelligencer(P.I.) Agenda Email:citvdesk d1seattlepi.com Pam Mottram
Kelly Snyder, Roth Hill Engineering Agenda Email: ksnyder(&rothhill.com Pam Mottram
Pam Cobley, Roth Hill Engineering Agenda Email: pcobley@rothhill.com Pam Mottram
14450 NE 291h PI, Suite 101, Bellevue,WA 98007
Shaunta Hyde, The Boeing Co., 206-655-3640 Agenda Email: shaunta.r.hyde@boeing.com Pam Mottram
Local Gvmt Relations Mgr. POB 3707 MC 14-49, Sea,WA 98124
Ted Nixon, Campbell/Nixon Assoc. Agenda Email:ten@cn-architects.com Pam Mottram
10024 SE 2401h, Suite 102, Kent 98031
Doug Corbin, Puget Sound Energy, Agenda Email::douglas.corbin(uipse.com Pam Mottram
3130 S 38`h St., TAC-ANX,Tacoma,WA 98409 PH: 1-800-321-4123/395-6867
Lobby of City Hall Agenda POST Pam Mottram
Kent.Downtown Partnership PO Box 557,Kent WA98035. Agenda Email: kdp(a)kentdowntown.org Pam Mottram
(Jacquie Alexander) Ph: 253-813-6976
Sam Pace, Seattle K.C. Assoc of Realtors, 12015 115 Agenda Mail:
Ave. NE, Suite 195, Kirkland,WA 98034 (Hsg Specialist) Ph:
David Hoffman, 25334 45 Ave S, Kent, 98032-4223 Agenda Email: David.W.Hoffman(a)Boeing.com Pam Mottram
(KBAB) Hm: 253-852-4683 Wk: 253-773-2861
Melvin L. Roberts, 9421 S. 2415 St., Kent 98031 Agenda Email: Melvin,L.RobertsaBoeing.com Pam Mottram
(KBAB) Hm: 253-854-0952 Wk: 425-865-3695
Jacob W. Grob, 5408 S. 236,nSt., Kent 98032-3389 Agenda Email: Jacob.W.Grob(&Boeing.com Pam Mottram
(KBAB) Hm: 253-813-3809 Wk: 425-234-2664
ven M. Nuss,26220 42na Ave. S, Kent, 98032 Agenda Email: SteveNuss(a)Red DotCorp.com Pam Mottram
AB) H m: 253-854-7561
Thomas Hale, 23327 115 PI SE, Kent 98031-3426 Agenda Email: sthale2(cDcom cast.net Pam Mottram
(KBAB) Hm: 253-854-0734
Aaron Renner, (KBAB) Kent, WA 98032 Agenda Email: aaron renner .yahoo.com Pam Mottram
13 Full Packets+2 for Mtg (7 original Letterhead Agenda Covers forCC)4 Hd copy Agdas (Revised 4M3105) S:1Permlt%PlanTlann1ng CommitteelPEDC-MasterDistributionList.doc
PARTIES OF'RECORD:
1) #ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts:
Barry N. Bender, Jr.,benderNmv ametzero.net
Margaret Bauer, 15410 SE 272"a St., Sp 108, Kent, WA 98042 margaret-bauer'ga webtv.net
Tanya Reeves, TMa.reeves(a�seattle.gov
Robert Bray, 10604 SE 244`h St., Kent, WA 98030
2) #ZCA-2005-7 Shipping Containers in Residential Zoning Districts
Barry N. Bender, Jr., benderblmvnnetzero.net
•
F
Mottram, Pamela
m: Mottram, Pamela
t: Tuesday, September 13, 2005 11:59 AM
To: Coleman, Bonnie
Subject: Attached "PEDC Agenda Packet- 9/19/05
Importance: High
For your information,
Please find attached the agenda packet for the 9/19/05 PEDC Meeting.
Per our conversation, I will attach this packet on S/Public/ printshopcopier faxrequisitionto 4749 for the printshop to
download and print out with numbering - which I will indicateis needed both in my email and on the faxed printshop
requisition - sent to multimedia.
Ill
PEDC_Packet_091
905.Of(5 MB)
Thank you.
Pam
aking: Recipient Read
Coleman, Bonnie Deleted:9/13/2005 5:07 PM
1 9/14/2005 10:58 AM
10:58 AM
Mottram, Pamela
m: Mottram, Pamela
t: Tuesday, September 13, 2005 3:24 PM
To: Warren Perkins, Qwest Communications; Corbin, Doug; Puget Sound Energy; Dana Ralph
(Theralphs4@msn.com); David Malik (dpmalik@hotmail.com); Elizabeth Watson; Garrett
Huffman, SKC Mgr; Jon Johnson Qonkjohnson@attbi.com); Kenneth Wendling
(kenwendling@hotmail.com); Kent Downtown Partnership (Jacquie Alexander); Kent
Reporter; Pam Cobley, Roth Hill Engineering; Renner, Aaron T. , KBAB; Seattle Post
Intelligencer(P.I.); Snyder, Kelly Roth Hill Engr; Steve Dowell (dowell16@msn.com); Ted
Nixon; Tim Gimenez, LUPB; White, Tammy; Pratt, Kim Adams; Anderson, Charlene; Barry,
Cathleen; Bilodeau, Bernie; Bockelie, Marit; Brubaker, Tom; Cameron, Renee; City Council;
Coleman, Bonnie; Crawford, Ed; Flemm, Lori; Gilbert, Matthew; Gill, Gary; Gillespie, Mike;
Givens, Rosalie; Gould-Wessen, Gloria; 'Grob, Jacob W. KBAB'; 'Hale, Thomas KBAB';
Hankins, Chris; Hanson, Kurt; Heiserman, Steve; Hodgson, John; 'Hoffman, David KBAB';
Holden, Chris; Hooper, Damien; Hubner, Mike; Hutchinson, Robert; Jacober, Brenda;
Blanchard, Larry; Lopez, Barbara; Marousek, Kim; Martin, Mike; Simmons, Mary; Hubner,
Mike; Moorehead, Lydia; Morrow, Judy; Mullen, Steve; Nachlinger, Robert; 'Nuss, Steven M
KBAB; Osborne, William; 'Pechter, Marcelle - Kent Chamber of Commerce'; Peterson, Kelly;
'Roberts, Melvin L KBAB'; Satterstrom, Fred; Schneider, Jim; Senecaut, Kathleen; 'Shaunta
Hyde, the Boeing Co.'; Sprotbery, Kevin; Storment, Jim; 'Thomas A. Goeltz'; Torgelson,
Nathan; White, Jim
Cc: 'Benderbjmv@netzero.net'; 'Margaret-bauer@webtv.net'; 'Tanya.reeves@seattle.gov'
Subject: Agenda Packet- PEDC Meeting of Monday, September 19, 2005
Importance: High
Please find attached the 9/19/05 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AGENDA PACKET.
0KM
PEDC_Packet_091
905.pdf(5 MB)
If you should have any questions or need further assistance, please contact myself or the applicable planner
as indicated on each staff report.
Sincerely,
PovxeLR A. Mcttia,v�
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Tracking: Recipient Delivery
Warren Perkins,Qwest Communications
Corbin, Doug; Puget Sound Energy
Dana Ralph(Theralphs4@msn.com)
David Malik(dpmalik@hotmail.com)
Elizabeth Watson
1 9/14/2005 10:59 AM
10:59 AM
Recipient Delivery
• Garrett Huffman,SKC Mgr
Jon Johnson Qonkjohnson@attbi.com)
Kenneth Wendling(kenwendling@hotmail.com)
Kent Downtown Partnership(Jacquie Alexander)
Kent Reporter
Pam Cobley, Roth Hill Engineering
Renner,Aaron T. , KBAB
Seattle Post Intelligencer(P.I.)
Snyder, Kelly Roth Hill Engr
Steve Dowell(dowel 116@msn.com)
Ted Nixon
Tim Gimenez, LUPB
White,Tammy Delivered: 9/13/2005 3:24 PM
Pratt, Kim Adams Delivered: 9/13/2005 3:24 PM
Anderson,Charlene Delivered: 9/13/2005 3:24 PM
Barry,Cathleen Delivered: 9/13/2005 3:24 PM
Bilodeau, Bernie Delivered: 9/13/2005 3:24 PM
Bockelie, Marit Delivered: 9/13/2005 3:24 PM
Brubaker,Tom Delivered: 9/13/2005 3:24 PM
Cameron, Renee Delivered: 9/13/2005 3:24 PM
City Council Delivered: 9/13/2005 3:24 PM
Coleman, Bonnie Delivered: 9/13/2005 3:24 PM
• Crawford, Ed Delivered: 9/13/2005 3:24 PM
Flemm, Lori Delivered: 9/13/2005 3:24 PM
Gilbert, Matthew Delivered: 9/13/2005 3:24 PM
Gill,Gary Delivered: 9/13/2005 3:24 PM
Gillespie, Mike Delivered: 9/13/2005 3:24 PM
Givens, Rosalie Delivered: 9/13/2005 3:24 PM
Gould-Wessen,Gloria Delivered:9/13/2005 3:24 PM
'Grob,Jacob W. KBAB'
'Hale,Thomas KBAB'
Hankins,Chris Delivered:9/13/2005 3:24 PM
Hanson, Kurt Delivered:9/13/2005 3:24 PM
Heiserman,Steve Delivered:9/13/2005 3:24 PM
Hodgson,John Delivered:9/13/2005 3:24 PM
'Hoffman, David KBAB'
Holden,Chris Delivered:9/13/2005 3:24 PM
Hooper, Damien Delivered:9/13/2005 3:24 PM
Hubner, Mike Delivered: 9/13/2005 3:24 PM
Hutchinson, Robert Delivered: 9/13/2005 3:24 PM
Jacober, Brenda Delivered: 9/13/2005 3:24 PM
Blanchard, Larry Delivered: 9/13/2005 3:24 PM
Lopez,Barbara Delivered: 9/13/2005 3:24 PM
Marousek, Kim Delivered:9/13/2005 3:24 PM
Martin,Mike Delivered:9/13/2005 3:24 PM
Simmons, Mary Delivered:9/13/2005 3:24 PM
2 9/14/2005 10:59 AM
10:59 AM
Recipient Delivery
Hubner, Mike
Moorehead, Lydia Delivered: 9/13/2005 3:24 PM
Morrow,Judy Delivered: 9/13/2005 3:24 PM
Mullen, Steve Delivered: 9/13/2005 3:24 PM
Nachlinger,Robert Delivered: 9/13/2005 3:24 PM
'Nuss,Steven M KBAB'
Osborne,William Delivered: 9/13/2005 3:24 PM
'Pechter, Marcelle-Kent Chamber of Commerce'
Peterson, Kelly Delivered: 9/13/2005 3:24 PM
'Roberts, Melvin L KBAB'
Satterstrom, Fred Delivered: 9/13/2005 3:24 PM
Schneider,Jim Delivered: 9/13/2005 3:24 PM
Senecaut, Kathleen Delivered: 9/13/2005 3:24 PM
'Shaunta Hyde,the Boeing Co.'
Sprotbery, Kevin Delivered: 9/13/2005 3:24 PM
Storment,Jim Delivered: 9/13/2005 3:24 PM
'Thomas A.Goeltz'
Torgelson, Nathan Delivered: 9/13/2005 3:24 PM
White,Jim Delivered: 9/13/2005 3:24 PM
'Benderbjmv@netzero.n et'
'Margaret-bauer@webty.net'
• 'Tanya.reeves@seattle.gov'
I*
3 9/14/2005 10:59 AM
10:59 AM
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