ORD 10-651ORDINANCE NO. 10 -651
AN ORDINANCE of the City of Federal Way, Washington, relating to
Accessory Dwelling Units (ADU) amending FWRC 19.195.180 and 19.200.180.
(Amending Ordinance Nos. 07 -545, 02 -424, 01 -381, 97 -291, and 95 -245.)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt new amendments for
the FWRC which establishes development regulations for excluding garages, workshops, and
similar non - living areas from the size calculation of an Accessory Dwelling Unit (ADU) within
the City of Federal Way; and
WHEREAS, it is in the public interest for the City Council to adopt new amendments for
the FWRC which establishes development regulations removing the 15,000 square foot lot size
limitation for a detached Accessory Dwelling Unit (ADU); and
WHEREAS, it is in the public interest for the City Council to adopt new housekeeping
amendments for the FWRC which removes duplicative and irrelevant language; and
WHEREAS, an Environmental Threshold Determination was not necessary as the
amendment is related solely to governmental procedures and therefore, categorically exempt
from the State Environmental Policy Act; and
Ordinance No. 10 -651 Page I of 7
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on February 17, 2010, and forwarded a recommendation of approval;
and
WHEREAS, the Land Use /Transportation Committee (LUTC) of the Federal Way City
Council considered these code amendments on March 1, 2010, and recommended adoption of
the text amendments as recommended by the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by providing clarification of areas to be included in the Accessory
Dwelling Unit (ADU) size calculation, providing additional housing opportunities for property
owners with lot sizes less than 15,000 square feet, and providing housekeeping amendments to
remove inaccurate and irrelevant information.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC
and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the FWRC.
Ordinance No. 10 -651 Page 2 of 7
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUP4 — Maximize efficiency of the development review process.
LUP6 — Conduct regular reviews of the development regulations to determine how to
improve upon the permit review process.
HP3 — Continue to allow accessory housing units within single - family neighborhoods
in a way that protects residential character, maintains specific design standards, and
complies with all applicable laws. Review accessory housing regulations and, if
necessary, revise any regulation that inappropriately limits their development.
(b) The proposed FWRC amendment bears a substantial relationship to the public health,
safety, and welfare because it will remove ambiguity regarding what is and is not included in
maximum Accessory Dwelling Unit (ADU) square footage. Additionally, the proposed
amendment allows those homeowners with adequate lot sizes the ability to construct a detached
Accessory Dwelling Unit (ADU).
(c) The proposed amendment is in the best interest of the public and the residents of the
City of Federal Way because it provides clarity to an existing code provision and provides
homeowners the ability to construct a detached Accessory Dwelling Unit (ADU) if the
underlying lot contains the prescribed minimum density standards.
Ordinance No. 10 -651 Page 3 of 7
Section 3 . FWRC 19.195.180 is hereby amended to read as follows:
Ordinance No. 10 -651 Page 4 of 7
USE ZONE CHART
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Minimums
Maximums
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SPECIAL REGULATIONS AND NOTES
Accessory
Izreeess
See
30 ft.
10 ft.
10 ft.
See
30 ft.
See Note
1. An accessory dwelling unit (ADU) shall meet the definition outlined in FWRC 19.05.010. Minimum lot size for ADUs is based
dwelling
I
note 1
note 2
above
3
upon the minimum lot size for the existing primary dwelling unit as set forth in FWRC 19.195.010. The ..,.mi lot size ` em
unit (ADU)
None
average
t Parking
.
Space
in single-
building
2. Only one ADU may be created per subject property. The ADU accessory structures and the primary dwelling unit together shall
family
elevation
not exceed the maximum lot coverage prescribed in FWRC 19.195.010.
residences
3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single- family
residence. The design and size of an ADU and the primary dwelling unit shall conform to all applicable standards in the zoning,
building, plumbing electrical, mechanical, fire, health, and any other applicable codes, as required for any new construction. All
ADUs and primary dwelling units shall also meet the minimum standards of the Uniform Housing Code. Certification by appropriate
utility providers of availability of sufficient water, sewer and/or septic services to the proposed ADU, must be provided as part of the
application.
4. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements.
fei:th FWRG 19-200.010. Beyond these one additiona of lig space
5. Standard pafking fequirements are set under- fequifernents, PaFlE
is FeqUifed fef an ADU.
6 5 FWRC 19.265.010 contains regulations regarding home occupations and other accessory uses, facilities and activities associated
with this use. Home occupations are not allowed in an ADU.
-7 6. ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of
the residence. Only one entrance is allowed on the front of the residence.
8 7. The property owner, must reside in either the primary dwelling unit or ADU for six months or more of each calendar year, and at
no time receive rent or other compensation for the owner - occupied unit.
9 8. An The ADU, excluding an gara workshop and similar non - living areas, shall contain between 300 — 800 sq. ft., but shall not
exceed 40% of the sq. ft. of the primary dwelling uni excluding garage, workshop and similar non - living areas The unit shall have no more
than two bedrooms.
418 9. No more than one single housekeeping unit may occupy an ADU.
44 10. Application for an ADU permit shall be made to the department of community development services in accordance with the
permit procedures adopted by the department, and shall include a letter of application from the owner(s) stating that the owner(s) shall
occupy one of the dwelling units on the premises, except for bona fide temporary absences, for six months or more of the calendar
year. An ADU application shall also be filed as a deed restriction with the King County department of records and elections to
indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in
this Code. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the department of community
development services for recording at the department of records and elections, or may occur as a result of an enforcement action.
42 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
4-3 t2. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7).
4-413. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC.
Process I, II, III and IV are described in
Chapter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC.
L___�
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 10 -651 Page 4 of 7
Section 4 . FWRC 19.200.180 is hereby amended to read as follows:
Ordinance No. 10 -651 Page 5 of 7
USE ZONE CHART
Z
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
O
d
Minimums Maximums
Re uired Yards ZONE
�D
� 6
U
w
o RS
P �° a
3 _ I r. SPECIAL REGULATIONS AND NOTES
USE
o
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w
Accessory
Weems
See
In RS 35.0 zones:
See
30 ft.
See Nete 6
1. An accessory dwelling unit (ADU) shall meet the definition outlined in FWRC 19.05.010. Minimum lot size for ettaehed ADUs is based
dwelling
I
note 1
note
above
1 Parkins
upon the minimum lot size for the existing primary dwelling unit as set forth in FWRC 19.200.010. Minknum let led ADUs must
20 ft. 110 ft.
10 ft.
unit
in
None
Otherwise:
2
average
building
Space
2 Only one ADU be created subject a The ADU accessory structures and the p rimary dwe unit ether shall not exceed
y m p er subject �' p *Y g t
20 ft.
See
5 ft.
(ADU)
the maximum lot coverage prescribed in FWRC 19.200.010, as follows:
single-
note
elevation
a. In RS 35.0 = 50%
family
4
b. In RS 15.0 = 50%
residences
c. In RS 9.6 = 60
d. In RS 7.2 = 60%
e. In RS 5.0 = 60%
f. See FWRC 19.110.020(2)(b) for calculation of lot coverage for flag lots.
3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single - family
residence. The design and size of an ADU and the primary dwelling unit shall conform to all applicable standards in the zoning, building,
plumbing, electrical, mechanical, fire, health, and any other applicable codes, as required for any new construction. All ADUs and primary
dwelling units shall also meet the minimum standards of the Uniform Housing Code. Certification by appropriate utility providers of
availability of sufficient water, sewer and/or septic services to the proposed ADU, must be provided as part of the application.
4. Side yard setback for a comer lot for that portion of the lot not adjacent to the primary vehicular access is 10 feet, otherwise five feet.
5. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements.
€eratt ADU
-7 6. FWRC 19.265.010 contains regulations regarding other accessory uses, facilities and activities associated with this use. Home occupations
are not allowed in an ADU.
8 7. ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the
residence. Only one entrance is allowed on the front of the residence.
9 8. The property owner must reside in either the primary dwelling unit or ADU for six months or more of each calendar year, and at no time
receive rent or other compensation for the owner - occupied unit.
40 9. AwThh& ADU excluding g rage .workshop. and similar non - living areas shall contain between 300 -800 sq. ft., but shall not exceed 40%
of the sq. ft, of the primary dwelling uni excluding aMgg. workshop, and similar non - living areas The unit shall have no more than two
bedrooms.
44 10. No more than one single housekeeping unit may occupy an ADU.
Continued
Process I, 11, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 10 -651 Page 5 of 7
19.200.180 Accessory dwelling units. (Continued)
Ordinance No. 10 -651 Page 6 of 7
USE ZONE CHART
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DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
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SPECIAL REGULATIONS AND NOTES
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4-211. Application for an ADU permit shall be made to the department of community development services in
accordance with the permit procedures adopted by the department, and shall include a letter of application from the
owner(s) stating that the owner(s) shall occupy on of the dwelling units on the premises, except for bona fide
temporary absences, for six months or more of the calendar year. An ADU application shall also be filed as a deed
restriction with the King County department of records and elections to indicate the presence of an ADU, the
requirement of owner occupancy, and other standards for maintaining the unit as described in this Code.
Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the department of
community development services for recording at the department of records and elections, or may occur as a result
of an enforcement action.
43 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
414 13. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7) or within cottage housing
under Chapter 19.250 FWRC.
43 14. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC.
Process I, II, III and IV are described in
For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.70 FWRC respectively.
For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 10 -651 Page 6 of 7
Section 5. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 6. Corrections The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto
Section 7. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of April, 2010.
CITY OF FEDERAL WAY
MA OR, LINDA K CHMAR
ATTEST:
&4'e
�G
CITY CLERK, CAROL MCNVVLY, CMC
APPROVED AS TO FORM:
44fw��
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 3 -9 -2010
PASSED BY THE CITY COUNCIL: 4 -6 -2010
PUBLISHED: 4 -10 -2010
EFFECTIVE DATE: 4 -15 -2010
ORDINANCE NO.: 10 -651
Ordinance No. 10 -651 Page 7 of 7