Ord 95-245
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ORDINANCE NO. Q5-2J..I5
AN ORDINANCE OF THE CITY COUNCIL OF THE CrTY
OF FEDERAL WAY, WASHINGTON, AMENDrNG THE
FEDERAL WAY ZONING CODE CHAPTER 22 BY ADDING
DEFINITIONS TO SECTION 22-1 RELATING TO
ACCESSORY DWELLING UNITS ("ADUS"), PRIMARY
DWELLING UNITS AND SrNGLE HOUSEKEEPING UNITS,
ALLOWrNG ADUs IN CITY OF FEDERAL WAY
RESIDENTIAL ZONES AND PROVIDING FOR LEGAL
NONCONFORMING ADUs.
WHEREAS, the City Council of the City of Federal Way
determined ,that
it
was
necessary
to
establish
reasonable
regulations regarding the location of Accessory Dwelling Units
("ADUs") in city of Federal Way residential zones; and
WHEREAS,
pursuant to the Growth Management Act,
RCW
36.70A,
the City of Federal Way is required to encourage the
availability of affordable housing to all economic segments of the
population and to promote a variety of residential densities and
housing types; and
WHEREAS, the Washington state Housing Policy Act requires
local governments to provide for and regulate the development and
placement of accessory apartments in areas zoned for single family
residential use; and
WHEREAS, it is necessary for the public health, safety
and general welfare that reasonable ADU regulations be in place;
and
ORD #W5-24-.'S
, PAGE 1
COpy
WHEREAS, amendments to the Federal Way City Code ("FWCC")
text are authorized by FWCC Sections 22-216 and 22-217 pursuant to
Process IV review; and
WHEREAS, the Federal Way city Council has considered a
proposed change to the FWCC relating to ADUs ("Proposal"); and
WHEREAS, the Federal Way city Council, pursuant to FWCC
section 22-517, having determined the Proposal to be worthy of
legislative consideration, referred the Proposal to the Federal Way
Planning commission for its review and recommendation; and
WIj:EREAS,
an
Environmental
Determination
of
Nonsignificance (DNS) was issued for the Proposal on December 13,
1994 and no appeal was made of that determination; and
WHEREAS,
the Federal Way Planning Commission,
having
considered the Proposal at public hearings on March 22,1995, March
29, ¡995 and April 5, 1995, pursuant to FWCC section 22-523, and
all public notices having been duly given pursuant to FWCC section
22-521; and
WHEREAS,
following the public hearings,
the Planning
commission submitted to the Land Use and Transportation Committee
of the city council its recommendation in favor of proposed zoning
text amendments to Article I, section 22-1, Definitions, Article IV
Nonconformance and Article XI District Reaulations; and
WHEREAS, the Land Use and Transportation Committee of the
city Council conducted special meetings of the whole city Council
on August 7,
1995, August 28,
1995 and September 18,
1995 to
consider the recommendations of the Planning Commission, following
ORD #q5~2L/.6
, PAGE 2
which it moved to forward the Planning Commission recommendations,
with modifications, to the full city Council; and
WHEREAS, there was sufficient opportunity for the public
to comment on the proposed zoning text amendments;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1. Findinqs.
After full and careful consideration,
the City Co~ncil of the City of Federal Way makes the following
findings with respect to the Proposal and the proposed amendments
to the Federal Way city Code ("FWCC");
1.
The
Washington
state
Housing
Policy
Act,
S.B.5584,
requires local governments to incorporate provisions designed to
encourage the development and placement of accessory apartments in
areas zoned for single family residential use in its development or
zoning regulations.
2.
Locating ADUs within the city will assist in making
efficient use of existing housing stock and infrastructure and will
help the City meet its housing needs and facilitate the provision
of affordable housing in the community.
3.
ADUs are self-contained, and provide separate facilities
for the sleeping,
cooking and sanitation needs of a separate
household.
ORD # q,5- 2'-/5
, PAGE 3
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4.
site
design
standards,
including
lot
coverage
and
additional entry requirements,
will ensure maintenance of the
single family neighborhood character.
section 2.
Conclusions.
Pursuant to FWCC Section 22-217 and
based upon 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 Proposal:
1.
The Proposal is consistent with the Comprehensive Plan
because
it
is
supported
by
the
following
Federal
Way
Compreqensive Plan ("FWCP") Housing and Population Policies:
(FWCP pg. 7)
"Use zoning and other types of regulatory
techniques to assure a mix of housing sizes and values,
and to maintain choice of housing and affordability for
a broad range of income groups."
(FWCP pg. 7)
"Encourage development of low-cost housing
in proper proportion to Federal Way's population, income
levels, employment and the amount of land available."
(FWCP
pg.
8)
"Recognize
all
types
of
residential
dwelling
units,
such
as
mobile
homes
and
modular
manufactured units, as acceptable sources of housing,
subject to good design and placement."
2.
The Proposal bears a substantial relationship to the
public
health,
safety
and
welfare
because
it
addresses
ORD # q5-2L/-5
, PAGE 4
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concerns
for
the
public
health,
safety,
and welfare
by
establishing coherent regulations that are consistent with
state law and reflect a reasoned balance between the rights of
individuals and the community interest.
3.
The Proposal is in the best interests of the residents of
the City because it responds to community concerns about
affordable housing.
By establishing comprehensive and concise
regulations by which to regulate ADUs, it provides city staff
with sufficient criteria by which to evaluate proposals, and
assist9 residents in providing adequate provisions to locate
ADUs.
section 3.
Amendments.
A.
Definitions.
FWCC section 22-1,
Definitions,
of
the
Federal
Way
city
Code
("FWCC")
shall
be
amended to
add
new
subsection definitions for Accessory dwelling unit
(ADU); ADU,
attached; ADU, detached; Primary dwelling unit, Single housekeeping
unit, and to modify the definitions of Accessory hardship dwelling
unit and Accessory living facility as follows:
Sec. 22-1.
Definitions.
The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Abandoned shall mean knowing relinquishment of right or claim
to the subject property or structure on that property.
ORD # qi)- 21../6
, PAGE 5
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Accessory shall mean a use, activity, structure or part of a
structure which is subordinate and incidental to the main activity
or structure on the subject property.
Accessory dwellina unit (ADU) shall mean either a freestandina
detached structure or an attached cart of a structure which is
subordinate and incidental to the main or primarv dwellina unit
located on the subiect crocertv. crovidina comclete. indecendent
livina facilities exclusivelv for one sinale housekeecina unit.
includina cermanent provisions for livina. sleepina. cookina and
sanitation. ,
ADU. attached. shall mean an accessorv dwellina unit that has
one or more vertical and/or horizontal walls.
in common with or
attached to. the crimarv dwellina unit.
ADU. detached. shall mean a freestandina accessorv dwellina
unit that is not attached or chvsicallv connected to the crimarv
dwellina unit.
Accessory hardship dwelling unit shall mean an attached ADU
which satisfies the criteria set forth in Section 22-633 of this
code.
oecaRàary li7ißEj quarters attachcd er \:itlÜR aR e)(istiREj
resiàeRee er )!!lace OR the same lot as aR eJlÌstiREj æ¡elliß'!J uRit.
Accessory ælCllin J uRits have 1dtefieR aßà/er coekiftEj facilities aRà
are usually iRtcnàeà te èe used ao se)!!arate m¡elliREj uRito.
Accessory living facility shall mean an area or structure on
the subject property, which is accessory to a permitted use on g
commercial ~ subject property, providing crovisions for livina.
ORD # q5- 24t:J
, PAGE 6
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cooking, sleeping and sanitation etheF resiàeRtial faeili~ies for
an employee on the subject property and that employee's family.
Adjoining shall mean property that touches or is directly
across a street from the subj ect property.
For the purpose of
height regulations, any portion of a structure which is more than
100 feet from a low density zone is not considered to be adjoining
that zone.
Adult entertainment activity or use shall mean all of the
following:
(1)
Aqult theater shall mean a building or enclosure or any
portion
thereof
used
for
presenting
material
distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual
activities or specified anatomical areas
(defined as
.follows)
for observation by patrons therein and which
excludes minors by virtue of age.
a.
Specified anatomical areas shall mean both of the
following:
1.
When
less
than
completely
and
opaquely
covered:
i.
Human genitals or pubic region.
ii.
Human buttock.
iii. Human
female
breast
below
a
point
immediately above the top of the areola.
ORD # q5-2L/:5
, PAGE 7
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2.
Human male genitals in a discernibly turgid
state,
even
if
completely
and
opaquely
covered.
b.
Specified sexual activities shall mean all of the
following:
1.
Human
genitals
in
a
state
of
sexual
stimulation or arousal.
2.
Acts of human masturbation, sexual intercourse
or sodomy.
3.
Fondling or other erotic touching of human
genitals, pubic region, buttock or breast.
(2)
Adult bookstore shall mean an establishment which in
whole
or
in
portion
thereof
has
a
substantial
or
significant
portion
of
its
stock
and
trade
books,
magazines or other periodicals, which are distinguished
or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities"
or "specified anatomical areas" and which excludes minors
by virtue of age.
(3)
Adult cabaret shall mean a cabaret, nightclub or other
establishment
which
features
go-go
dancers,
exotic
dancers, strippers, male or female impersonators, similar
entertainers or attendants, who are so clothed or dressed
as to emphasize "specified anatomical areas" and/or whose
performances
or
other
activities
include
or
mimic
ORD #Q6-21./6
, PAGE 8
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"specified sexual activities" and which establishment
excludes minors by virtue of age.
Activities
and
uses
defined
as
adult
entertainment
activity or use are only permitted in the zone where that
term is specifically listed as an allowable use and only
in conformance to the requirements as stated for that
use.
Agricultural
use
shall
mean
any
agricultural,
stable
or
livestock use listed as an allowable use in the suburban estate
zones.
Air rights shall mean the right to, in some manner, control
the use of the space above the surface of the ground.
Alluvium shall mean soil deposits transported by surface
waters.
Applicant shall mean both of the following, depending on the
content:
(1)
A person who applies for any permit or approval to do
anything governed by this chapter, which person must be
the owner of the subject property, the authorized agent
of the owner, or the city.
(2)
Any person who is engaging in an activity governed by
this chapter or who is the owner of property subject to
this chapter.
Average building elevation shall mean a reference datum on the
surface topography of a subject property from which building height
is measured. The reference datum shall be a point no higher than
ORD # Q5- 2'-16
, PAGE 9
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five feet above the lowest elevation taken at any exterior wall of
the structure either prior to any development activity or at
finished grade, whichever is lower, provided the reference datum is
equal to or lower than the highest elevation at any exterior wall
of the structure prior to development activity.
Average slope shall mean the average grade of land within each
land area representing a distinct topographical change.
Backfill shall mean material placed into an excavated area,
pit, trench or behind a constructed retaining wall or foundation.
Buildi~g shall mean a roofed structure used for or intended
for human occupancy.
Building mounted signs shall mean all of the following: wall
mounted signs, marquee signs, under marquee signs and projecting
signs.
Bulkhead shall mean a wall or embankment used for retaining
earth.
Cemetery shall mean land used or intended to be used for the
burial of the dead and dedicated for cemetery purposes, including
columbariums, crematories, mausoleums and mortuaries, and related
uses, when operated in conjunction with and within boundaries of
such cemetery.
Center identification sign shall mean a building mounted sign
or ground mounted sign which identifies the name of a development
containing
more
than
one
office,
retail,
institutional
or
industrial use or tenant and which does not identify any individual
use or tenant.
ORD # 45-24:5
, PAGE 10
"",',','"",
Change of use shall mean a change of use determined to have
occurred when it
is
found that the general character
of the
operation has been modified.
This determination shall
include
review of, but not be limited to:
(l) Hours of operation;
(2) Required parking;
(3) Traffic generation; and
(4) General appearance.
Changing message center shall mean a sign, message center or
similar dev!ce,whereby alternating public service information and
commercial messages are displayed on the same lamp bank.
Church, synagogue or other place of religious worship shall
mean an establishment, the principal purpose of which is religious
worship and for which the principal building or other structure
contains the sanctuary or principal place of worship, and which
establishment may include related accessory uses.
Class I home occupation shall mean those home businesses that
qualify as home occupations under this zoning chapter,
except
family child care homes.
Class II home occupation shall mean those family child care
homes that qualify under section 22-1069.
Commercial recreation facility shall mean an indoor facility
and use operated for profit, with private facilities, equipment or
services for recreational purposes including swimming pools, tennis
courts, playgrounds and other similar uses. The use of such an area
ORD # Q6-2L/es
, PAGE 11
may be limited to private membership or may be open to the public
upon the paymept of a fee.
Commercial use shall mean the uses allowed in the commercial
zones and not permitted in any other zones of the city.
Commercial
zones
shall
mean
the
BN,
BC
and
cc
zoning
districts.
Common recreational open space usable for many activities
shall mean any area available to all of the residents of the
subject property that is appropriate for a variety of active and
passive recrßational activities (including activities suitable for
all age groups) and is not:
(1)
(2)
Covered by buildings or parking or driving areas.
Covered by any vegetation that impedes access.
(3)
On a slope that is too steep for recreational activities.
Community recreation area or clubhouse shall mean an area
devoted to facilities and equipment for recreational purposes, such
as swimming pools, tennis courts, playgrounds, community clubhouses
and other similar uses which area is maintained and operated by a
nonprofit club or organization whose membership is limited to the
residents within a specified development or geographic area.
Comprehensive plan shall mean the ordinances of the city, as
adopted and amended from time to time, under RCW 35A.63.060 through
35A.65.080 and the shoreline master program.
Construction sign shall mean a sign which identifies the
architects, engineers, contractors and any other persons involved
with the construction of a building or use.
ORD # Q5-24.e)
, PAGE 12
Contour line shall mean the interconnection of points having
the same height above sea level.
Convalescent
center
shall
mean
an
inpatient
facility,
excluding facilities defined as hospitals, for patients who are
recovering from an illness or who are receiving care for chronic
conditions;
mental,
physical,
emotional
or
developmental
disabilities;
terminal
illness;
or alcohol
or drug treatment.
Outpatient care is limited to prior in-patients only.
Cross section (drawing) shall mean a visual representation of
a vertical qut through a structure or any other three-dimensional
form.
Curb cut shall mean the connection of a driveway with a
street, which may entail a structural alteration to the curb by
lowering the height of part of the curb.
Day care facility shall mean the temporary, nonresidential
care of persons in a residence or other structure on a regular,
recurring basis.
Dedication shall mean the deliberate appropriation of land by
its owner for public use or purpose, reserving no other rights than
those that are compatible with the full exercise and enjoyment of
the public uses or purpose to which the property has been devoted.
Development
activity
shall
mean
any
work,
condition
or
activity which requires a permit or approval under this chapter or
the city's building code.
ORD # q:!r21/:5
, PAGE 13
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"""'.""""""""""",."""""""",.,..",,,,-
Development permit shall mean any permit or approval under
this chapter or the city's building code that must be obtained
before initiating a use or development activity.
Domestic animal shall mean an animal which can be and is
customarily kept or raised in a home or on a farm.
Domestic Violence Shelters shall mean housing for adult women
or men and their dependent children, if any, who are victims of
domestic violence perpetrated by the spouse, domestic partner or
significant other of the adult victim.
Dredgi~g shall mean removal of earth and other materials from
the bottom of a body of water or watercourse or from a wetland.
Dredging spoils shall mean the earth and other materials
removed from the bottom of a body of water or watercourse or from
a wetland by dredging.
Driveway shall mean an area of the subject property designed
to provide vehicular access to a parking area or structure located
on the subject property.
Dry land shall mean the area of the subject property landward
of the high-water line.
Dwelling unit shall mean one or more rooms in a structure or
structures, excluding mobile homes, providing complete, independent
living facilities exclusively for one family, including permanent
provisions for living, sleeping, cooking and sanitation. A factory-
built home or manufactured home is considered a dwelling unit under
this chapter only if it meets the standards and criteria of a
ORD # Qj-21./:5
, PAGE 14
designated manufactured home established in RCW 35A.63.145. There
are the following three types of dwelling units:
(1)
Dwelling unit, attached, shall mean a dwelling unit that
has one or more vertical walls in common with or attached
to one or more other dwelling units or other uses and
does not have other dwelling units or other uses above or
below it.
(2)
Dwelling unit, detached, shall mean a dwelling unit that
is not attached or physically connected to any other
d~elling unit or other use.
Dwelling unit, stacked, shall mean a dwelling unit that
(3)
has one or more horizontal walls
in common with or
attached to one or more pther dwelling units or other
uses and may have one or more vertical walls in common
with or adjacent to one or more other dwelling units or
other uses.
Easement shall mean land which has specific air, surface or
subsurface rights conveyed for use by someone other than the owner
of the subject property or to benefit some property other than the
subject property.
Electrical sign shall mean a sign or sign structure in which
electrical wiring, connections and/or fixtures are used as part of
the sign proper.
Erosion and deposition shall mean the removal of soils and the
placement of these removed soils elsewhere by the natural forces of
wind or water.
ORD # CJ5~2LIt5
, PAGE 15
Fence shall mean a manmade barrier or wall constructed for the
purpose of enclosing space or separating parcels of land.
Fill material
shall mean dirt,
structural rock or gravel,
broken concrete and similar structural substances customarily used
to raise the level of the ground,
but excluding topsoil,
bark,
ornamental rocks or gravel placed on the surface of the ground.
Finished grade
shall mean the
final
contour of
the
land
surface prior to landscaping.
Floor shall mean the horizontal surface inside a structure
designed anq intended for human use and occupancy.
Fuel price sign shall mean a wall-mounted or pedestal sign
displaying the price of fuel for motorized vehicles.
Geologically hazardous areas shall mean areas which because of
their susceptibility to erosion,
land-sliding,
seismic or other
geological events are not suited to. siting commercial, residential
or industrial development consistent with public health or safety
concerns. Geologically hazardous areas include the following areas:
(l)
Erosion hazard areas are those areas having a severe to
very severe erosion hazard due to natural agents such as
wind, rain, splash, frost action or stream flow.
(2)
Landslide
hazard
areas
are
those
areas
potentially
subject to episodic downslope movement of a mass of soil
or rock including,
but not limited to,
the following
areas:
a.
Any area with a combination of:
1.
Slopes greater than 15 percent;
ORD # q'5~ 245
, PAGE 17
Excavate or excavation shall mean the mechanical removal of
soils and/or underlying strata.
Fami~y shall mean an individual or two or more individuals
related by not more than four degrees of affinity or consanguinity
and including persons under legal guardianship, or a group of not
more than five persons who are not related by four or fewer degrees
of
affinity
or
consanguinity;
provided,
however,
that
any
this
limitation
on
the
number
of
residents
resulting
from
definition shall not be applied if it prohibits the City from
making reasgnable accommodations to disabled persons in order to
afford such persons equal opportunity to use and enjoy a dwelling
as required by the Fair Housing Amendments Act of 1988,42 U.S.C.
3604(f) (3) (b).
Fami~y
chi~d
care
home
shall
mean
a
business
regularly
providing care during part of the 24-hour day to l2 or fewer
children (including the children of the day care provider) in the
family abode of the person or persons under whose direct care the
children are placed.
Fast food restaurant shall mean an establishment which offers
quick food service which is accomplished through one or more of the
following mechanisms:
(1)
(2)
Limited menu of easily produced items.
Orders are not taken at the customer's table.
(3)
Food is served in disposable wrappings or containers.
ORD # q5~ 24.'5
, PAGE 16
c,
d.
e.
f.
g.
2.
Permeable
sediment,
predominately
relatively
sand
and
gravel,
overlying
permeable
sediment or bedrock, typically silt and clay;
and
3.
Springs or groundwater seepage.
b.
which
Any
has
shown
area
movement
during
the
holocene epoch, from 10,000 years ago to present,
or which is underlain by mass wastage debris of
that epoch.
Any are a potentially unstable as a result of rapid
stream
incision,
or
stream
bank
erosion
undercutting by wave action.
Any area
located
in
ravine
an
active
a
or
on
alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
Those
identified
by
united
the
areas
States
Department of Agriculture Soil Conservation Service
as having a severe limitation for building site
development.
Those
mapped
class
(unstable),
areas
as
u
uos
(unstable old slides),
and urs
(unstable recent
slides) by the department of ecology.
Slopes having gradients greater than 80 percent
subject to rockfall during seismic shaking.
(3)
seismic hazard areas are those areas subject to severe
risk of earthquake damage as a result of seismically
ORD # Q5- 21./6
, PAGE 18
",,'<"" -
induced ground shaking, slope failure, settlement or soil
liquefaction, or surface faulting. These conditions occur
in areas underlain by cohesionless soils of low density
usually in association with a shallow groundwater table.
(4)
steep slope hazard areas are those areas with a slope of
40 percent or greater and with a vertical relief of ten
or more feet, a vertical rise of ten feet or more for
every
25
feet
of
horizontal
distance.
A
slope
is
delineated by establishing its toe and top, and measured
bX averaging the inclination over at least ten feet of
vertical relief.
Glare shall mean both of the following:
(1)
(2)
The reflection of harsh, bright light.
The physical effect resulting from high luminances or
insufficiently shielded light sources in the field of
view.
Government facility shall mean a use consisting of services
and facilities operated by any level of government, excluding those
uses listed separately in this chapter.
Gross floor area shall mean the total square footage of all
floors, excluding parking area, in a structure as measured from
either the interior surface of each exterior wall of the structure
or, if the structure does not have walls, from each outer edge of
the roof. Certain exterior areas may also constitute gross floor
area.
ORD # q5-24:5
, PAGE 19
Ground floor shall mean the floor of a structure that is
closest in elevation to the finished grade along the facade of the
structure that is principally oriented to the street which provides
primary access to the subject property.
Ground
mounted sign
shall
mean
both
pedestal
signs
and
monument signs.
Group Home Type II shall mean housing for juveniles under the
jurisdiction of the criminal justice system.
Such groups include
state-licensed group care homes or halfway homes for juveniles
which proviqe residence in lieu of sentencing or incarceration,
halfway houses providing residence to juveniles needing correction,
or for those selected to participate in state-operated work release
and pre-release programs.
The Director of Community Development
Services
shall have the discretion to
classify a
group home
proposing to serve juveniles convicted of the offenses listed under
Group Home Type III in this section as a Group Home Type III, and
any such home shall be sited according to the regulations contained
within the Type III classification.
Group Homes
Type
II-A:
Maximum
number
of
twelve
(l2)
residents including resident staff.
Group Homes Type II-B:
Thirteen
(13)
or more residents
including residential staff.
Maximum number to be determined
on a case by case basis.
The limitation on the number of residents in a Group Homes Type II
shall
not
be
applied
if
it
prohibits
the
City
from
making
reasonable accommodations to disabled persons in order to afford
ORD # Q5- 246
, PAGE 20
such persons equal opportunity to use and enjoy a dwelling as
required by the Fair Housing Amendments Act of 1988, 42 U.S.C.
3604(f)(3)(b).
Group Homes Type III shall mean housing for adults that have
been convicted of a violent crime against a person or property, or
have been convicted of a crime against a person with a sexual
motivation,
or have been convicted or charged as a sexual or
assaul ti ve violent predator.
These individuals are under the
jurisdiction of the criminal justice system or have entered a pre-
or
post-ch?rging
diversion
program.
Such
groups
involve
individuals selected to participate in state-operated work/training
release
and
pre-release
programs
or
similar
programs.
Such
category does not include full-time detention facilities.
Hardship shall mean a current or impending health condition
which requires a person to live in close proximity to, and/or share
housing with a caregiver.
Hazardous
waste
shall
mean
all
dangerous
and
extremely
hazardous waste, including substances composed of radioactive and
hazardous components (see RCW ch. 70.105).
Hazardous waste storage shall mean the holding of dangerous
waste for a temporary period (see WAC 173-303-040(85».
Hazardous waste treatment shall mean the physical, chemical or
biological processing of dangerous wastes to make such wastes
nondangerous or less dangerous, safer for transport, amenable for
energy or material resource recovery,
amenable for storage or
reduced in volume (see WAC 173-303-040(97».
ORD # q5-14;5
, PAGE 21
""'~"""'""'«"""«"""""""'<';"""""';';';"';"'"",',;¡"""""",;,;,o
Heat shall mean added energy that causes substances to rise in
temperature, fuse, evaporate, expand or undergo any other related
change.
Height of structure shall mean the vertical distance above the
average building elevation measured to the highest point of the
coping of a flat roof or to ,the deck line of a mansard roof, or to
the average height of the highest gable of a pitched or hipped
roof.
High density residential use shall mean attached or stacked
dwelling un~ts on a subject property which contains at least 1,800
square feet of lot area per dwelling unit but not more than 2,399
square feet of lot area per dwelling unit.
High density residential zones shall mean the following zones:
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Home occupation shall mean an occupation, enterprise, activity
or profession which is incidental to a residential use, which is
carried on for profit or customarily carried on for profit and
which is not an otherwise permitted use in the zone in which it
occurs.
Horizontal dimension shall mean the length of the facade of a
structure as measured along a plane, excluding eaves which extend
out
no
more
than
18
inches
from the
exterior
walls
of
the
structure.
Hospital shall mean an institution providing primary health
services
and medical
or
surgical
care
to
persons,
primarily
inpatients, suffering from illness, disease, injury, deformity and
ORD # q6- 24e)
, PAGE 22
""""-"""""""""""""""""~""""""-
other abnormal physical or mental conditions, and including, as an
integral part of the
institution,
related facilities
such as
laboratories,
outpatient
facilities,
extended
care
facilities
and/or training facilities.
Hotel or motel
shall mean a single building or group of
buildings
containing
individual
sleeping
units
intended
for
transient occupancy.
Improvement shall mean any structure or manmade feature.
Industrial use shall mean the uses allowed in the industrial
zones and nqt permitted in any other zones of the city.
Industrial zones shall mean the following zones: OP and MP.
Institutional uses shall mean the following uses: schools,
churches, colleges, hospitals, parks, governmental facilities and
public utilities.
Instructional sign shall mean a sign which designates public
information such as, but not limited to, public restrooms, public
telephones, exitways and hours of operation.
Integral sign shall mean a sign displaying a building date,
monument citation, commemorative inscription or similar historic
information.
Irrevocable
license
shall
mean
a
written
irrevocable
permission given by a property owner to the city for specified
purposes.
ORD #Q.5-2L./-5
, PAGE 23
.' ~
Junk shall mean old or scrap metal, rope, rags, batteries,
paper, rubber, machinery, scrap wood, debris, trash, or junked,
dismantled or wrecked automobiles or parts thereof.
Junkyard shall mean a property or place of business which is
maintained, operated or used for storing, keeping, buying, selling
or salvaging junk.
Kennel
shall
mean
an
establishment,
generally retail
in
nature, which houses, cares for, breeds, raises or sells dogs or
cats.
Land sqrface modification shall mean the clearing or removal
of trees,
shrubs,
ground
cover
and
other vegetation and all
grading, excavation and filling activities.
Landscaping shall mean the planting, removal and maintenance
of vegetation along with the movement and displacement of earth,
topsoil, rock, bark and similar substances done in conjunction with
the planting, removal and maintenance of vegetation.
Landward shall mean toward dry land.
Linear frontage of subject property shall mean the frontage of
the subject property adjacent to all open, improved rights-of-way
other than Interstate 5. If the subject property is not adjacent to
an open,
improved right-of-way,
linear frontage shall mean the
frontage of the subject property on any public access easements or
tracts which serve the subject property and adjacent unopened
and/or unimproved rights-of-way.
ORD # q5~ 24:5
, PAGE 24
Lot
shall mean a parcel of land having fixed boundaries
described by reference to a recorded plat; by reference to metes
and bounds; or by reference to section, township and range.
Low density use shall mean a detached dwelling unit on a
subject property that contains at least 7,200 square feet.
Low density zone shall mean the following zones: SE, RS 35.0,
RS
15.0,
RS
9.6,
RS
7.2
and
comparable
zones
in
other
jurisdictions.
Major stream shall mean any stream, and the tributaries to any
stream, whicþ contains or supports, or under normal circumstances
contains or supports a local or migratory fish population.
Manufactured
homes
shall
mean
a
factory-built
structure
transportable in one or more sections which is built on a permanent
chassis and designed to be a dwelling with or without a permanent
foundation when connected to required utilitiep. A manufactured
home shall be built to comply with the National Manufactured Home
Construction
and
Safety
Standards
Act
of
1974
(regulations
effective June 15, 1976).
Marquee sign shall mean any sign which forms part of, or is
integrated into, a marquee, canopy or awning and which does not
extend horizontally beyond the limits of such marquee, canopy or
awning.
Maximum lot coverage shall mean the maximum percentage of the
surface of the subject property that may be covered with materials
which will
not
allow
for
the
percolation
of
water
into
the
underlying soils. See section 22-946 et seq. for further details.
ORD # Q5-2LJ:!)
, PAGE 25
Mean sea level shall mean the level of puget Sound at zero
tide as established by the U.S. Army corps of Engineers.
Medium density use shall mean detached, attached or stacked
dwelling units on a subject property which contains at least 3,600
square feet of lot area per dwelling unit but not more than 7,199
square feet of lot area per dwelling unit.
Medium density zones shall mean the following zones: RS 5.0,
RM 3.6 and comparable zones in other jurisdictions.
Minor stream shall mean any stream that does not meet the
definition qf major stream.
Monument sign shall mean a ground mounted sign which is
attached to the ground by means of a wide base of solid appearance
and which complies with the standards of Plate 3.
Moorage facility shall mean a pier,
dock,
buoy or other
structure
providing
docking
or
moorage
space
for
waterborne
pleasure craft.
Multiuse complex shall mean all of the following: a group of
separate buildings operating under a common name or management; or
a single building containing multiple uses where there are specific
exterior entranceways for individual uses; or a group of uses on
separate but adjoining properties that request treatment as a
multiuse complex.
Natural features shall mean physical characteristics of the
subject property that are not manmade.
Natural materials shall mean materials chemically unaltered
from their natural state.
ORD # q5- 21.j/5
, PAGE 26
.."..,c""",.",...",-
Noise shall mean the intensity,
duration and character of
sound from any and all sources.
Nonconformance shall mean any use, structure, lot, condition,
activity or any other feature or element of private property or the
use or utilization of private property that does not conform to any
of the provisions of this chapter or that was not approved by the
city through the appropriate decision-making process required under
this chapter.
Nonliving ground cover shall mean gravel,
chipped bark or
similar
nolJpolluting
material
through
which
water
can
freely
percolate to the soil beneath.
Normal maintenance
shall mean normal maintenance
includes
interior and exterior repairs and incidental alterations. Normal
maintenance and repair may include, but is not limited to,
painting, roof repair and replacement, plumbing, wiring and
electrical systems, mechanical equipment replacement and
weatherization. Incidental alterations may include construction of
nonbearing walls or partitions.
Nursing home. See "convalescent center."
Occupant shall mean a person that legally occupies a structure
or property.
Odor shall mean stimulus affecting the olfactory nerves.
Off-site
directional
sign
shall
mean
a
sign which
gives
directions to a business or to merchandise, service, real estate,
goods or entertainment which are sold, produced or furnished at a
ORD # Q5- 2L15
, PAGE 27
place within the city other than the property on which the sign is
located.
Office use shall mean a place of employment providing services
other than production, distribution, sale or repair of goods or
commodities. The following is a nonexclusive list of office uses:
medical,
dental or other health care;
veterinary,
accounting,
legal,
architectural,
engineering,
consulting or other similar
professional services; management,
administrative,
secretarial,
marketing,
advertising,
personnel
or
other
similar
personnel
services; s~les offices where no inventories or goods are available
on
the
premises;
real
estate,
insurance,
travel
agent,
loan
companies, brokerage or other similar services. The following uses
are specifically excluded from the definition of office: banks,
savings and loan companies and similar financial institutions.
Office zones shall mean the PO zone.
Official
notification boards of the city shall mean the
bulletin boards in the public areas of city hall and other public
locations as designated by city council.
On-site hazardous waste treatment and storage facilities shall
mean facilities which treat and store hazardous wastes generated on
the same lot or geographically contiguous or bordering property.
Travel between two properties divided by a public right-of-way, and
owned,
operated
or
controlled
by
the
same
person,
shall
be
considered on-site travel if;
ORD #CJó- 24:5
, PAGE 28
(1)
The travel crosses the right-of-way at a perpendicular
intersection, or
(2)
The right-of-way is controlled by the property owner and
is inaccessible to the public (see WAC 173-303-040(39».
Open space shall mean land not covered by buildings, roadways,
parking areas
or
other
surfaces
through which water
can not
percolate into the underlying soils.
Ordinary high-water mark shall mean on lakes,
streams and
tidal waters, that mark that will be found by examining the bed,
banks or sh?re and ascertaining where the presence and action of
waters are so common and usual, and so long continued in ordinary
years, as to mark upon the soil or land a character distinct from
that of the abutting uplands; provided that any tidal area where
the ordinary high-water mark cannot be found based on the previous
text of this definition, the ordinary high-water mark shall be the
line of mean high tide.
Outdoor shall mean not contained within a building.
Outdoor storage shall mean any material or item (including
vehicles), being stored for or awaiting sale, lease, processing or
repair and not enclosed within a building.
OWner shall mean, in reference to real property, the person or
persons holding fee title to the property as well as the purchaser
or purchasers under any real estate contract involving the real
property.
ORD # Q5 - 2L/-,C)
, PAGE 29
Parking area shall mean any area designed and/or used for
parking vehicles.
Parking space shall mean an area which is improved, maintained
and used for the sole purpose of temporarily accommodating a motor
vehicle that is not in use.
Pedestal sign shall mean a ground mounted sign which conforms
to the standards of Plate 2.
Person shall mean any individual, partnership, association,
corporation, unit of government or any other legal entity.
Politiqal sign shall mean a sign advertising a candidate for
public office, a political party or a particular voting preference.
Portable outdoor sign shall mean an outdoor sign that is not
permanently attached into the ground or a structure.
primarv Dwellinq Unit shall mean the main structure located on
the subiect crocertv which is distinquishable from anv accessorv
dwellinq unit because it is qreater in total square footaqe.
Primary vehicular access shall mean the major street from
which the majority of vehicles enter the subject property.
Private
advertising sign
shall
mean
a
sign
announcing
a
temporary event, use or condition of personal concern to the sign
user such as, but not limited to, "garage sale" or "lost dog."
Private club shall mean an association of persons organized
for
some
common
purpose,
but
not
including
groups
organized
primarily
to
sell
merchandise
or
render
a
service
which
is
customarily carried on as a business.
ORD #qi-2L/:5
, PAGE 30
Private notice sign shall mean a sign announcing a restriction
or warning regarding the subject property, such as but not limited
to "no trespassing" or "beware of dog."
Private traffic direction sign shall mean a sign on private
property which provides information for vehicular movement while on
that property.
Projecting sign shall mean a sign, other than a wall mounted
or marquee sign, which is attached to and projects from a structure
or building face.
Proper~y line shall mean those lines enclosing the subject
property and those lines defining a recorded vehicular access
easement or tract. The following are categories of property lines:
(1)
The front property line is any property line that is
adjacent to a right-of-way which is more than 21 feet in
width, excluding Interstate 5. If the subject property is
adjacent to more than one right-of-way which is more than
21 feet in width, the applicant shall designate which of
the adjacent property lines is the front property line
and the remainder of such adjacent property lines will be
considered
as
either
a
rear
property
line
or
side
property line, based on the definition in this section.
If the subject property is not adjacent to a right-of-way
which is more than 21 feet in width,
then the front
property
line
is
the
property
line
adjacent
or
principally oriented to the street providing primary
vehicular access to the subject property, as determined
ORD # Q5-21../5
, PAGE 3l
by
the
director
of
the
department
of
community
development.
(2)
The rear property line is any property line that is
farthest from, and essentially parallel to, the front
property line.
(3)
The side property line is any property line other than a
front property line or a rear property line.
Public park shall mean a natural or landscaped area, provided
by a unit of government, to meet the active or passive recreational
needs of pe9ple.
Public utility shall mean the facilities of a private business
organization
such
as
a
public
service
corporation,
or
a
governmental agency performing some public service and subject to
special governmental regulations, the services which are paid for
directly by the recipients thereof. Such serv~ces shall include but
are not
limited to:
water
supply,
electric power,
telephone,
cablevision,
natural
gas
and
transportation
for
persons
and
freight. The term also includes broadcast towers,
antennas and
related facilities operated on a commercial basis.
Public
works
director
shall
mean
the
director
of
the
department of public works of the city.
Real estate, off-site sign, shall mean a readily removable
sign announcing the proposed sale or rental of property other than
the
property
upon
which
the
sign
is
located
and
providing
directions to the subject property.
ORD # QS-245
, PAGE 32
Real estate, on-site sign, shall mean a sign announcing the
sale or rental of the property upon which the sign is located.
Regulated lakes shall mean the following wetlands as shown in
the King County Wetlands Inventory Notebooks, Volume 3 South:
(1)
(2)
Lower puget Sound 6,7, 12, 15, 16 and 17.
Hylebos 2, 11, 13 and 16.
Regulated wetlands shall mean those areas that are inundated
or saturated by surface or groundwater at a frequency and duration
sufficient to support,
and that under normal circumstances do
support, a ~revalence of vegetation typically adapted for life in
saturated
soil
conditions.
Wetlands
generally
include
swamps,
marshes,
bogs,
and
similar
areas,
with the
exception
of
the
following
areas
shown
in
the
King
County Wetlands
Inventory
Notebook, Volume 3 South:
(1) Lower Puget Sound Beach;
(2) Lower Puget Sound 1 and 51; and
(3) Areas defined as a regulated lake.
Methodology in the January 1989 Federal Manual for Identifying and
Delineating Jurisdictional Wetlands and subsequent United States
Army Corps of Engineers regulatory guidance letters will be used
for regulatory delineations of wetlands within the city.
Although a site specific wetland may not meet the criteria
described above, it will be considered a regulated wetland if it is
functionally related to another wetland that meets the criteria.
ORD ¡Q5-246
, PAGE 33
Relative shall mean persons connected through blood, marriage
or other legal relationships by not more than four degrees or
affinity
or
consanguinity
and
including
persons
under
legal
guardianship.
Required yards shall mean the areas adjacent to and interior
from the property lines and high- water mark of a lot. If two or
more required yards are coincidental, the area will be considered
the required yard with the greater dimension. Required yards are
categorized as follows:
(1)
F~ont. That portion of a lot adjacent to and parallel
with the front property lines and at a distance therefrom
equal to the required front yard depth.
(2)
Rear. That portion of a lot adjacent to and parallel with
the rear property line and at a distance therefrom equal
to the required rear yard depth.
(3)
High-water line yard. That portion of a lot adjacent to
and parallel with the high-water mark and at a distance
landward therefrom established in this chapter.
(4)
side. That portion of a lot adjacent to and parallel with
each side property line and at a distance therefrom equal
to the required side yard depth. All required yards not
otherwise categorized shall be designated side yards.
Residential use shall mean developments and occupancy in which
persons sleep and prepare food, other than developments used for
transient occupancy.
ORD # q5- 2'-1-5
, PAGE 34
Residential zone shall mean the following zones: SE, RS 35.0,
RS 15. 0,
RS 9.6, RS 7.2,
RS 5.0,
RM 3.6,
RM 2.4,
RM 1. 8 and
comparable zones in other jurisdictions.
Restaurant or tavern shall mean commercial use (excluding fast
food restaurants)
which sells prepared
food or beverages
and
generally for consumption on the premises.
Retail establishment shall mean a commercial enterprise which
provides goods and/or services
directly to the consumer,
where such goods are available for
immediate p¥rchase and removal from the premises by the purchaser.
Right-of-way shall mean land dedicated or conveyed to the
public or a unit of government, the primary purpose of which is the
movement of vehicles and/or pedestrians and providing for access to
adjacent parcels, with the secondary purpose of providing space for
utility lines and appurtenances and other devices and facilities
benefiting the public.
Right-of-way realignment
shall
mean
the
changing
of
the
horizontal position of the improvements in a right-of-way.
Roofline shall mean the line formed by the outside of the
gable of the roof, or if the roof is flat or mansard, the top of
the roof or mansard.
Runoff shall mean the overland or subsurface flow of water.
Schools shall mean institutions of learning, excluding those
offering post secondary education,
offering instruction in the
several branches of
learning and study required by the Basic
ORD # CJj -21../:5
, PAGE 35
"""""'""""-"""""""""""",,-,
Education Code of the State of Washington to be taught in public,
private and parochial schools.
Shared access points shall mean a common point of vehicle
access from a street to more than one lot or use.
Sign shall mean any communication device, structure or fixture
using
graphics,
letters,
figures,
symbols,
trademarks
and/or
written copy,
which is
intended to do either or both of the
following:
(1)
(2)
To identify a building, use, business or event.
T9
promote
the
sale
or
recognition
of
a
product,
business, use, service or goods.
Painted wall designs or patterns which do not represent a product,
service or registered trademark,
and which do not identify the
user, are not considered signs. If a painted wall design or pattern
is combined with a sign, only that part of the design or pattern
which cannot be distinguished from the sign will be considered as
part of the sign.
Sign area shall mean the entire area of a sign on which
graphics, letters, figures, symbols, trademarks and/or written copy
is
to
be
placed,
excluding
sign
structure,
architectural
embellishments and framework. Sign area is calculated by measuring'
the perimeter enclosing the extreme limits of the module or sign
field
containing
the
graphics,
letters,
figures,
symbols,
trademarks and/or written copy; provided, however, that individual
letters, numbers or symbols using a canopy, awning or wall as the
background,
without added decoration or change in the canopy,
ORD # Cl5-2L/6
, PAGE 36
awning or wall color, have sign area calculated by measuring the
perimeter enclosing each letter, number or symbol and totalling the
square footage of these.
Sign field shall mean the background upon which the graphics,
letters, figures, symbols, trademark or written copy of a sign are
placed.
Significant natural vegetation shall mean any area containing
a concentration of significant trees;
any area of significant
biological
importance;
and any area containing dense,
mature,
native vege~ation.
Significant trees: A significant tree shall be defined as:
(1)
Twelve inches in diameter or 37 inches in circumference
measured four and one-half feet above ground; and
(2)
(3)
In good health; and
Not detrimental to the community (e.g. is not diseased,
dying, or likely of falling into public open space or
right-of-way,
etc. )
or obscuring safe sight distance
requirements. Significant trees shall not include red
alder, cottonwood, poplar or big leaf maple.
[add diagram from pg 1628.3 here]
silt or sediment shall mean the soil particles mobilized and
deposited by the processes of erosion and deposition.
sinale Housekeepina unit shall mean an individual or two or
more individuals related bv not more than four dearees of affinitv
or consanauinitv and includina cersons under leaal auardianshic. or
a arouc of not more than three cersons who are not related bv four
ORD # Q5- 245
, PAGE 37
"'",',',"""'""",~~
or fewer deqrees of affinitv or consanquinitv: crovided. however.
that anv limitation on the number of residents resultinq from this
definition shall not be acclied if it crohibits the citv from
makinq reasonable accommodations to disabled persons in order to
afford such cersons equal occortunitv to use and eniov a dwellinq
as required bv the Fair Housinq Amendments Act of 1988.42 U.S.C.
3604(f) (3) (b).
Single-use building shall mean a building which contains one
use.
Small pnimals shall mean dogs,
cats,
birds,
small exotic
animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats
and similar small wild animals.
Social Service Transitional Housing shall mean facilities
other than offices and group homes as defined in this chapter,
operated by a nonprofit social service agency, licensed as required
by the state,
providing temporary and transitional housing to
individuals on an as-needed basis including, but not limited to,
emergency
shelters,
homeless
shelters,
and
other
such
crisis
intervention facilities.
This classification includes domestic
violence shelters as defined herein,
except that such shelters
wherein the total number of residents does not exceed the maximum
number allowed under the family definition,
may be permitted
outright in all residential zones.
Type A:
Maximum number of residents to be consistent
with the maximum number of unrelated adults allowed under
the zoning definition of family.
ORD # Q:5-2L./,j
, PAGE 38
Type B:
All social service transitional housing not
meeting the definition of "Type A",
above.
Maximum
number to be determined on a case by case basis.
The
limitation on the number
of
residents
in
Social
Service
Transitional Housing shall not be applied if it prohibits the city
from making reasonable accommodations to disabled persons in order
to afford such persons equal opportunity to use and enjoy a
dwelling as required by the Fair Housing Amendments Act of 1988,42
U.S.c. 3604(f) (3) (b).
special, Needs Housing shall mean housing not specifically
defined by this chapter, and which will be processed under the
classification
most
closely
related
to
the
proposed
use,
as
determined by the Director of Community Development Services.
state environmental policy act shall mean RCW ch. 41.23C.
storm drainage shall mean the movement of water,
due to
precipitation, either surficially or subsurficially.
story shall mean the area or a structure between the floor and
the horizontal supporting members of the ceiling directly above
that floor. If a floor is, on average, at least three feet below
finished grade,
the
area between that
floor
and the
ceiling
directly above is not a story.
stream
shall
mean
a
course
or
route,
formed by nature,
including those modified by man, and generally consisting of a
channel with a bed, banks or sides throughout substantially all its
length, along which surface waters naturally and normally flow in
draining from higher to lower elevations.
ORD # CJ5-2L./..eJ
, PAGE 39
street shall mean both of the following:
(l)
(2)
A public right-of-way.
A vehicular access easement or tract.
street providing direct vehicle access shall mean the street
from which
a vehicle
can
enter the
subject property without
traversing another street or piece of property. In the case of a
multiuse complex, the street providing direct vehicular access is
the exterior street that borders the complex and not an internal
street surrounded by the complex.
struct~re shall mean anything which is built or constructed,
an
edifice
or
building
of
any
kind
or
any
piece
of
work
artificially built up or composed of parts joined together in some
definite manner.
structural alterations shall mean any change in the supporting
member of a building or structure.
Subject property shall mean the entire lot or parcel,
or
series of lots or parcels, on which a development, activity or use
is or will locate or on which any activity or condition regulated
by or subject to this chapter is or will occur or take place.
Temporary commercial sign shall mean a sign associated with a
business, which is painted on a window or constructed of cloth,
paper or similar flexible materials,
is readily removable,
and
displays a temporary commercial message,
but excluding a real
estate, on-site sign or real estate, off-site sign.
Tenant
improvement
shall
mean
any
work,
improvement
or
remodeling completely within the interior of a building necessary
ORD # q5-2L/:5
, PAGE 40
to
meet
the
varied
requirements
of
continuing
or
succeeding
tenants.
Topsoil shall mean the uppermost strata of soil containing a
large percentage of organic materials and which is capable of
providing suitable nourishment for vegetation.
Traffic control devices shall mean signs, signals, stripes and
other mechanical or graphic items which control the flow, direction
or speed of vehicular and pedestrian traffic.
Under marquee sign shall mean a sign which is attached to and
suspended f~om a marquee or canopy and which does not extend beyond
the marquee or canopy.
Use shall mean the nature of the activities taking place on
private
property
or
within
structures
thereon.
Each
separate
listing under the "Use" column in sections 22-596 through 22-878 is
a separate use.
Vehicle service station shall mean a commercial use supplying
petroleum products that are for immediate use in a vehicle.
Vehicle storage area shall mean an outside area which is used
for the storage and/or display of operational vehicles.
Vehicular access easement or tract shall mean privately owned
land
used
and
legally
committed,
through
easements,
plat
restrictions
or
similar
mechanisms,
to
providing
access
for
vehicles and pedestrians to properties other than the property
within the tract or easement. It may also provide space for utility
lines and appurtenances and other devices and facilities benefiting
nearby properties or the public.
ORD # q~-2L./5
, PAGE 41
Wall mounted sign shall mean a sign attached to and extending
not more than 18 inches from the facade or face of a building or a
mansard roof with the exposed face of the sign parallel to the
facade or face of the building or mansard roof.
Waterward shall mean toward the body of water.
Well head shall mean the top of the shaft of a well or similar
water extraction facility from which potable water is extracted.
Wholesale trade shall mean a commercial establishment which
sells to retail establishments.
.Zones ~hall mean use zones as described in sections 22-596
through 22-878.
Zoning map shall mean the series of maps adopted by the city,
and designated the official zoning map of the city, showing the
geographical location of use zones within the municipal boundaries.
(Ord. No. 90-43, § 2(3.10),2-27-90; Ord. No. 90-51, §§ 1,2,3-27-
90; Ord. No. 91-87, §§ 2--4, 2-5-91; Ord. No. 91-92, § 4, 4-16-9l;
Ord. No. 91-l00, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord.
No. 91-113, § 3, 12-3-91)
B.
Accessorv Dwellinq unit Requlations.
A new Section 22-
965,
Accessory Dwelling units,
shall be added to the FWCC as
follows:
section 22-965 Accessory Dwel1inQ Units.
1.&
Purcose.
In order to crovide affordable housinq to the
citizens of Federal Wav and in order to comclv with the Growth
Manaqement Act and the Washinqton State Housinq Policv Act. this
section cermits Accessorv Dwellinq Units ("ADU") which comclv with
the conditions set forth in this code.
ORD #Cìõ-2L!-e)
, PAGE 42
1.Ql
Definitions.
Anv words. terms or chrases used in this
section and which are not otherwise defined shall have the meaninas
set forth in sections 22-1 of this code.
l£.l
Permit Reauirements.
Owners desirina to construct and/or
ocerate an ADU shall be reauired to acclv for and obtain an ADU
cermi t from the Decartment of Communi tv Develocment Services.
comclv with all the scecial requlations set forth in FWCC sections
22-613 and 22-648. comclv with all other acclicable law. obtain all
other necessarv cermits and cav all fees in connection with such
construction or oceration.
The acclication shall be accomcanied bv
the
accrocriate acclication
fee as
established bv the citv's
adocted fee schedule.
The Decartment of Communitv Develocment
services mav issue a certificate of ADU comcliance on the basis of
inscection(s)
of
the
ADU.
and
mav
reauire
corrections
as
accrocriate under the Uniform Buildina Code and other acclicable
codes or laws.
In the event the ADU does not comclv with such
acclicable laws. the Decartment of Communi tv Develocment shall denv
the ADU acclication unless the ADU is exemct cursuant to subsection
.li!L..
l.9.l
Exemction/Nonconformance.
No ADU cermit is required for
leaal nonconformina ADUs which are cermitted cursuant to section
22-339 Nonconformance of this code.
ill
Enforcement.
ADUs not comclvina with the crovisions of
this section within twelve (12) months of the effective date of
adoction of this section and/or ADUs not constitutina a leaal
nonconformina ADU cursuant to section 22-339 of this code. are
ORD #9:;-245
, PAGE 43
,',"'."",.""
subiect to the enforcement crovisions of Division 5 of this code
reqardinq enforcement of code violations and are subiect to all
other enforcement remedies available to the citv bv acclicable law.
includinq without limitation.
the requirement for the crocertv
owner to immediatelv abate or discontinue such ADUs.
C.
Use Zone Chart - Suburban Estates.
A new Section 22-613
relating to ADUs in Suburban Estate ("SE") zones shall be added to
the
FWCC
as
contained
in
Exhibit
"A"
attached
hereto
and
incorporated by this reference.
D.
Use, Zone Chart - Sinale Familv Residential.
A new Section
22-648 relating to ADUs in Single Family Residential ("RS") zones
shall be added to the FWCC
as contained in Exhibit "B" attached
hereto and incorporated by this reference.
E.
Nonconformance.
A new section 22-339,
Nonconforming
Accessory Dwelling Units, shall be added to the FWCC as follows:
section 22-339 - Nonconforminq Accessory Dwellina units.
ill
Eliaibili tv.
Anv nonconforminq Accessorv Dwellinq unit
("ADU") located within the citv limits on the date of adoction of
this code. Februarv 28. 1990. or located in areas annexed to the
citv thereafter. which does not conform to sections 22-613.22-648.
22-965 or anv other crovisions of this code.
is eliqible for
desiqnation as a leqal nonconforminq ADU crovided it meets the
followina requirements:
.ill
The ADU was covered bv a cermit on the date of
adoction
of
this
code.
if
one
was
required
under
acclicable law: or
ORD # CJs -21./:5
, PAGE 44
ß.l.
If no cermit was required under acclicable law. the
ADU was in comcliance with acclicable law on the date of
adoction of this code.
1.Ql.
Allowed.
All
leaal
nonconformina ADUs
are
allowed
subiect to the crovisions relatinq to loss of nonconforminq status
and other limitations set forth in this chacter.
.ú<l
Loss
of
Leaal
Nonconformina
ADU
status.
All
nonconforminq ADDs shall be immediatelv removed or modified to
conform to all of the provisions of this code and a cermit secured
therefor. and shall lose their leaal nonconformina desianation when
one or more of the followinq events occur:
(1)
Increase
in Square Footaae.
The acplicant is
increasina the aross floor area of anv ADU;
(2)
other Alterations.
The acclicant is makinQ anv
chancre. alteration or cerformina work other than normal
maintenance or other than tenant imcrovements.
in anv
twelve (12) month ceriod to anv ADU and the fair market
value of such chancres. alterations or other work exceeds
fiftv cercent (50%) of the assessed value of that ADU as
determined bv the Kina Countv Assessor;
(3)
Abandonment or Cessation of Occucancv.
The subiect
crocertv containina the ADU is abandoned for ninetv (90)
or more consecutive davs or the ADU is not occucied for
one hundred eiahtv (180) consecutive davs; or
ORD # 95-21./:5
, PAGE 45
(4)
Chancre in Use.
There has been a chancre in use on
the subiect crocertv as that term is defined bv section
22-1 of this code.
section
4.
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
other persons or circumstances.
section 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 6.
Effective Date.
This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval, and publication, as provided by law.
this
PASSED by t~y council
2J day of vrlM)
CITY OF
of the city of Federal Way
, 1995.
FEDERAL WAY
MA*Y ~ G~
~STÎV j ~
/~~, ~
CI Y CLERK, N. CHRISTINE GREEN, CMC
ORD #qS- 2L£"5
, PAGE 46
APPROVED AS TO FORM:
'.....--?7~~
OI~Y ~~f¿~ K. ~~
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
11/01/95
¡ t./21/95
11/25/95
11/30/95
95-245
K:\ORDIN\ADU
ORD # tJ51L/:5
, PAGE 47
Sec. 22-613 Accessory Dwelling Units
' � USE ZONE CHART ,
z
� DIREGT[ONS: Frnsr. �.a a�. e rme ......n�+ .�,ou r« naovtana+s ZONE
�
� MINIMUMS MAXIMUMS y SS
� � � a
� REQUIRED YARDS � ,��,
' ~ � tl +�1 0 � �
� y 4 �y
v ��
�' � ° p � � � � �� �`
W y
�
� SPECIAL REGULATIONS AND NOTES
Accesaory Admini: See 30' 10' 10' See 30' See See 1. An acceeeory dwelling unit (ADin thall meet the de5ni4on outlined
dwelling unit -trative note 1. note 2. above note 4. note 5. in Section 22-1. Minimum lot iize for ADUs ii baud upon the
(ADin in aingle Review average minimum lot iiu for the exiating primary dwelling uait a� �et forih
family reaidencu building in Secdon 22-596. The [ninimum lot eiu from 2�596 i� 5 acre:.
eleva-
tion 2. Only one ADU may be created per subject pcopecty. The ADU and
the primary dwelling unit togethar ahall not exceed tha maximum lot
covenge preecribed ln Section 22-596.
3. An ADU ehall be deaigned eo that, to the degree reawnably
feasible, the appearance of the building remaine that of a ungla
family neidence. T6e deaign and �ize of an ADU and the primary
dwelling unit shall conform to all applicnble �tandard� in the zoaing,
building, plumbing, electrical, mechanical, fire, health, and any
other applicable codee, a� roquired for any new cosutcuction. All
ADUs and primary dwelling units shall alw meet the minimum
standarda of the Uniform Aouaing Coda Cecti6catioa by
npproptiate utility providen of availability of wPficient aater, aewer
and/or eeptic eervicea w the pzopoeed ADU, must be provided u
paR of the applicalion.
4. Refer to Article XVII, Lnndacaping, for appcopriate requiremente.
5. Standard parking nquiroments are set forih under Section 22-631.
Beyond these requirementa, one additional parking �ace is required
for an ADU.
6. Section 22-946 containa regulatione regarding home occupation� and
other acceasory uaea, facilitia and activitia aaaocisud with thia uee.
Home cecupations ace not allowed in an ADU.
Proeeu I, U red III aro dacn'bed 'm For other ioformatim abart par{dn� aod parlon� anma, see f 2Z1376 et �eq.
§¢ 22�386-22111, For detaila of the npuhtiaos m thn wte`oty, ree ¢ 2?r1596 d req.
22-t31-22-<60, For demiL ot the sa`uhtioo� in thi� caro�ory� tee i 431561 d ieq.
21r476-22-d98 rapectively. For demils o[ w�hat may e�ooeed thia heieht limit, �ee � 2?r1046 d aeq.
s�se �n tt�haw b d�r,'�a m 44 22��i-2z.�a Foc dem�. nprami r«n+ired rua�. .ee } n-ii31 a.eq.
- ' ..—� .."""`�
,
EXHIBIT "A"
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�` I
u
�d
Sec. 22-613 Accessory Dwelling Units
� USE ZONE CHART
z
� DIREC7TONS: rmsr. �e ao.�, b tme o....n�r+ .�w. t r neovuna+s Z�1VE
E+
Q
� MINIMUMS MAXIMUMS SE
� � a
USE REQUIRED YARDS W � y
� y � � � � � � u � �
i � �
� ° � � � �� � �`
�
, � SPECIAL REGULATIONS AND NOTES
7. ADU� may be acceeaed through the entrance to the primary
dwelling unit or through an nddidonal entrance oa the eide or rear
of the roeidence. Only one entrance i�. aUoaed oa the front of the
rosidence.
8. The property owner, muat reside in either the primary dwelling unit
or ADU for 6 montha or mote of each calendar yar, and at ao time
receive rent or other compenaation for the owner-occupied unit.
9. M ADU ahall contain between 300-800 aq. ft., but ahnll not exceed
40% of the aq. ft. of ihe primnry dwelling unit. The unit ahall have
no moro ihan two bedrooma.
10. No mon thnn one aingle houeekeeping unit may oocupy an ADU.
Proas. l, II and III ars dacn'bed 'm
4f 2y386—�2-411� For other ioformatiaa about pacidn� aad pnrl�f are�a, we; ?7 13�6 d req.
22131-22-r60. Fa demila o[ the mguhtioor ia thir catetmY� �es ¢ 2�1596 d ieq.
22�7�7L498 raP���Y• For detaih of the reguhtiooi in thia cabgory, �ee ¢ 2Z1561 d wq.
Sits Pkm Reviaw u Lesenbed 'm ¢� 2?.361-27r369 Fa de4iL� o[ what may exeeed thi� height limit, see ¢ 2y1046 et teq.
For dehaiL roprdin6 re4vired yard�, �ee 4 7?.11�1 d�eq.
•
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Sec. 22-613 Accessory Dwelling Units
•
•
' � USE ZONE CHART
z
� DIRF.CI'IONS: Pinsr. nd +o.� b Gee w...Tf�t .�,o.. ks neOVUnows ZQj�
r�
MINIMUMS MAXIMUMS SE
� � � �
USE REQUIRED YARDS � a
� y � � U O � `
:J y
� � O � � � a
�� � e � 8 �� �
� SPECIAL REGULATIONS AND NOTES
I 1. Application for an ADU pernut thall be made W ihe Depaitmeat of
Community Development Service� in accordance with the permit
procedure� adopted by the Department, and ahall include a letter of
epplication from ihe owner(s) stating that the owner(a) ahall occupy
one of the dwelling unita on the premieea, except for bom fide
temporary absencea, for six montha or more of the caleadar year.
An ADU applicacion shall nlw be filed aa a deed rest:iction with the
King County Department of Recorde and Electione W indicate the
pmsence of an ADU, the requirement of owner occupancy, aad
_ other etandnrde for maintaining the unit ae deacribed in thie code,
Cancellation of an ADU'a registration may be accompliehed by the
• owner &ling a letter with the Department of Comsnunity
Development Sevricea for recording at the Department of Record�
and Electione, or may occur ae a result of an enforcement acdon.
Proeeu I, Il �nd IlI are daen'bed 'm For other iatormatim about pnrlda` and paticint ama�, �aa ¢ 77 1376 d�eq.
�¢ 22-386-2Z-d11, For demiL ot the rogulatiaoa m tLis cate�ory, �ee } 27 1596 d seq.
22-431—T2-4fA, For dehiL ot the roguhCaos m thi� wu;oty, wa; 71ri561 et wq.
2217�22-498 reapeetively. For derails of what may exceed thi� height limit, we ¢ 72-3046 d teq.
Site P1aa Review u descn'bed 'm ¢¢ 22-361-22•369 For dereiL rogardint req�nred yanlr. �ee 4 22-11�1 d �eq.
�
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�` �
��
5
�
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Sec. 22-648 Acc.essory Dwelling Units
EXHIBIT �� B ��
y USE ZONE CHART ,
z
� DIRECTfONS: FtASr. �.edwa�o Ldw..Tirnt+.�w� forRaacTUna+s Z�NE
r7 �{
MINIMUMS MAXIMUMS �
a
USE � � REQUIRED YARDS U o ,c� y
� �
�
N �
� � 0 8 � � pp c � �
� � �C H � � Y �i � °'
� � SPECIAL REGULATIONS AND NOTES
Accesaory Adminia See In RS 35 zonea: See 30' See See 1, M accesaory dwelling unit (ADLn ahall meet the definition oudined
dwelling unit -trative note 1. 20' 10' 10' note 2. above note 4. note 5, in Section 22-1. Minimum lot siu for attached ADUe ia baaed upon
(ADin in single Review average ihe minimum lot eize for the exiedng primary dwelling unit a� at
family reaidences Othenviae: building focth in Section 22-631. Minimum lot eize for detached ADUs murt
20' S' S' eleva- be 15,000 equare feet or more in area.
tion
2. Only one ADU may be created per subject property. The ADU and
primary dwelling unit together ahall not exceed the mnximum lot
covecage preecribed in Secdon 22-631, aa followe:
a. In RS 35.0 = 50%
b. In RS 15.0 = 50%
c. In RS 9.6 = 60%
d. In RS 7.2 = 60%
e. In RS S.0 = 60%
3. M ADU ahall be deeigned eo that, to the degree reaeonsbly
feaaible, the appwrnnce of the building remaina that of a tiagla
family meidence. The deaign and �ize of an ADU and the primary
� dwelling unit ahall conform to all applicable rtandarda in the zoning,
building, plumbing, elecuicel, mechanical, fim, health, and aay
other applicable codee, se cequired for any new eonahuction. All
ADUe and primary dwelling unite �t►all aleo meet the minimum
atandacda of ihe Unifocm Houaing Code. Cettification by
appropriate utility providen of availability of aufficient water, aewer
and/or septic eeivicea to the proposed ADU, murt be provided aa
paR of the application.
4. Refer to Article XVII, Landacaping, for appropriate mquirecnenu.
5. Standacd parking nquinmenta sre ut forth in Section 22-631.
Beyond theee requirementa, one sdditioml parking epace i� required
for an ADU.
, Piocas I. II�od ID ue daen'bed 'm Fa atker in[amatlae about part�� wd parl�� ueu, �ee f Z7r1776 et seq.
ff 2?r386-22�411� For deh+iL of the ro�tioos m dw wte�ay, ws � 27.1396 d�eq.
71.431-22�160. Fa demiL of the re`uh6m� in t!w ate;ory, �es; �1561 d�eq.
27rS76-27.498 rape��vely. For dehiL ot wka! mry axceed thia ha�fit llmh. we f�r1046 d wq.
s;u rbn xav;ew i� ae.rn'bea ia 6i n361-2L3Ga Fq awn. �ev�dm� reqoiraa r,�ar..es � niu� d wy.
.
s
Sec. 22-648 Accessory Dwelling Units
.
•
� USE ZONE CHART �
z
0 DIRECi'IONS: rrnsr, �.a awa b rma ,»...rt�+ .�.� wr xswnana+s 7��;
C
MIIdIMUMS MAXIMUMS RS
�
USE � o REQUIRED YARDS t� w
� -r � 0. � V o F V
�' �
� o � � � � ��
� 8 � s � � �' d
� '� SPECIAL REGULATIONS AND NOTES
6. Section 22-946 conteina rogulndone regarding other acceasory usea,
fecilities nnd activitiee aaaociated with thit uee. Home occupationt
are not allowed in an ADU.
7. ADUe may be ecceaeed ffirough the entrance to the primary
dwelling unit or through an addidonal entrance on the �ide ot rear
of the residence. Only one entrance i� allowed on the front of the
cesidence.
8. The property owner, muat reside in either the primary dwelling unit
or ADU for 6 monthe or more of each calcndar year, and at no time
receive rent or other compenaadon for the owner-occupied unit.
9. M ADU ehall conuin between 300 and 800 �q. ft., but ahall not
exceed 40% of the aq. ft. of the primary dwelling unit. The unit
shall have no more thnn two bedrooma.
10. No moro than one single housekeepiag unit may occupy an ADU.
Pcoa�� I, II and III sue dacn'bed 'm
44 �2-386-22d11� For other in[ormatim aboutpnrldn; and poclont ac�aa, �ee 4�1376 d�eq.
�'� For delail� of the m hao� in thi� ate
E� � t�+Y. �ea y 22-1596 d�eq.
27r476-22-498 mpx4vely For deh+iL of the saguletim� in thi� ate�ory, we S 27 1361 d seq.
Sits PJoa Review is dc+en'bed 'm ¢§ 27 361-2b369 For dehsiL o[ what may ezeeed thi� heigLt ]imit, we ¢ 27.1046 ei seq.
For dehiL regardm` required yand�, ree ¢?yi131 d�eq.
r�
�J
�
' .�`
.��
i �;.:::: -
',, ' i
�,
�
�
Sec. 22-648 Accessory Dwelling Units
� USE ZONE CHART
z
0 �„ DIRECI'IONS: �sr, �a ao., e t=e +.....�t�r .�,a. ro� naouunor+s ZQ1VE
d
MINIMUMS MAXIMUMS RS
(� � 06
U.� 6i REQUIRED YARDS ,c�, Q �
• y I�j � � � Q � 4 � �
y
� � � � � � �� w �°'
� SPECIAL REGULATIONS AND NOTES
i l. Application for an ADU permit ahall be made to the Department of
Community Development Service� in accordance with the pemrit
pcoceduroe adopted by the Department, and ahall include a letter of
application from the owner(a) �tating that lhe owewr(�) �all occupy
one of the dwelling uniU on the pmmieea, eucept for boaa fide
temQorary abeencea, for wc monthi or mom of the calendar year.
An ADU applicatioa ahaU also ba filed u a deed rettriction with the
� King County Department of Recorda and Electione to iadicate ihe
proaence of an ADU, the requirement of owner occupancy, and
other standacde for maintaining the unit a� deacribed in thia oode.
Cancellation of an ADU't ngiatration may be accomplished by the
owner filing a letur with the Department of Commuaity
Development Sevricea for recording at ihe Department of Records
and Elecdona, or may occur na a msult of an enforccment acdon.
Procw 1, 11 �nd III are dacribed in For other infoim�atioa nbout paridng and parldn6 am�, see S Z2-1376 d req.
¢¢ T2J86—T2-411, For detaiL of the roguJatioos m this cate;ory � 4 z�is96 a.aq.
� 72-�31-7t-4b0, For detai4 of t6e reguhtiao� m thi� cate6ory. iee ¢ 71-1361 et �eq.
72-d76-22-498 re�pectively. For dctai6 of whot mey ezeeed thi� heij6t limit, �eo § 27 1046 et �eq.
Site Plm Raview u duenbed 'm §¢ 22-361-71-369 For detai� �egardin6 requiied yacd�. �ee 4 7L1131 d wq.
�J
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