Ord 97-307
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ORDINANCE NO. 97-307
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING CHAPTERS 16 AND 22 OF THE
FEDERAL WAY CITY CODE, PERTAINING TO LAND USE AND ZONING,
ADOPTING NEW DEFINITIONS, REVISING EXISTING
NONCONFORMANCE PROVISIONS AND CONSOLIDATING THE
REQUIREMENTS FOR PUBLIC IMPROVEMENTS INTO THE
NONCONFORMANCE, ARTICLE IV OF CHAPTER 22.
A.
Amendments to the Federal Way City Code (FWCC) text are authorized pursuant
to FWCC Sections 22-216 and 22-217 pursuant to Process VI review; and
B.
The Federal Way City Council has considered a proposed change to the FWCC
relating to the nonconformance provisions of the code; and
C.
The Federal Way City Council, pursuant to FWCC 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
D.
The City of Federal Way SEPA responsible official has determined that the
proposed amendments are procedural in nature and categorically exempt from SEPA as
authorized by WAC 197-11-800(20); and
E.
The public was given opportunities to comment on the Proposal during the
Planning Commission review; and
F.
The Federal Way Planning Commission, having considered the Proposal at a
public workshop on April 16, 1997 and public hearings on May 7th and May 21st, 1997 pursuant
to FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC
Section 22-521; and
Ordinance No. 97-307, Page 1
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G.
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 affecting various sections of the FWCC as noted previously; and
H.
The Federal Way Land Use and Transportation City Council Committee met on
.
July 21, August 18, September 3, September 15, and October 6, 1997 to consider the
recommendation of the Planning Commission and amendments thereto, and to take public
comment. The Land Use and Transportation Committee has moved to forward the Proposal,
with amendments, to the full City Council; and
I.
There was sufficient opportunity for the public to comment on the Proposal; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council 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 proposed code revisions will provide more flexibility relative to structures and
developments that were built in accordance with the codes and laws in effect at the time of
construction; and
2.
The proposed code revision will require improvements that are reasonably related
to the work. being proposed on a given property; and
3.
The City of Federal Way is experiencing a high occupancy rate of commercial
properties, particularly in the City Center Core and Frame areas; and
Ordinance No. 97-307, Page 2
4.
The Federal Way SEPA responsible official has determined that the proposed
amendments are procedural in nature and categorically exempt from SEPA as authorized by
WAC 197-11-800(20); and
5.
The proposed code amendments would not adversely affect the public health,
safety or welfare; and
6.
The Planning Commission, following notice thereof as required by RCW
35A63.070, held work sessions and public hearings on the proposed regulatory amendments
and has considered the testimony, written comments, and material from the public by and
through said hearings.
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 following Comprehensive Plan goals and
policies:
A.
LUG2 - Develop an efficient and timely development review process based
on a public/private partnership.
B.
LUP6 - Conduct regular reviews of development regulations to determine
how to improve upon the permit review process.
2.
The Proposal bears a substantial relationship to the public health, safety and
welfare because it addresses concerns for the public health, safety, and welfare by
establishing coherent regulations that reflect a reasoned balance between the rights of
individual property owners and the broader community interest.
Ordinance No. 97-307, Page 3
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3.
The Proposal is in the best interests of the residents of the City in that the
proposed code revision allows structures which complied with the applicable codes and
laws in effect at the time of construction, to continue to be utilized with reasonably related
upgrades of the subject property and improvements required by the nonconformance
provisions of the zoning code.
Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended to
provide as set forth in Attachments A through C which are attached and by this reference are
incorporated herein.
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 the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this / /.¡; fly day
of ,~A/ ,1997.
CITY OF FEDERAL WAY
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Ordinance No. 97-307, Page 4
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APPROVED AS TO FORM:
~. LO~DI K.' LlNDE~
FILED WITH THE CITY CLERK:
10-14-97
PASSED BY THE CITY COUNCIL:
12-16-97
PUBLISHED:
12-20-97
EFFECTIVE DATE:
12-21-97
ORDINANCE NO. 97-307
Ordinance No. 97-307, Page 5
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ATTACHMENT A
SECTION 22-1- DEFINITIONS
Ordinance No. 97-307, Page 6
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Abandoned shall mean knowing relinquishment, bv the owner. of right or claim to the
subject property or structure on that property, without any intention of transferrina rights to the
property or structure to another owner tenant or lessee or of resuming the owner's use of the
prooertv "Abandoned" shall include but not be limited to circumstances involvino tax forfeiture
bankruptcy or mortgage foreclosure)
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 dwelling unit (ADU) shall mean either a freestanding detached structure or an
attached part of a structure which is subordinate and incidental to the main or primary dwelling
unit located on the subject property, providing complete, independent living facilities exclusively
for one single housekeeping unit, including permanent provisions for living, sleeping, cooking
and sanitation.
ADU, attached shall mean an accessory dwelling unit that has one or more vertical and/or
horizontal walls, in common with or attached to, the primary dwelling unit.
ADU, detached shall mean a freestanding accessory dwelling unit that is not attached or
physically connected to the primary dwelling unit.
Accessory hardship dwelling unit shall mean an attached ADU which satisfies the criteria
set forth in Section 22-633 of this Code.
Accessory living facility shall mean an area or structure on the subject property, which is
accessory to a permitted use on a commercial subject property, providing provisions for living,
cooking, sleeping and sanitation for an employee on the subject property and that employee's
family, or for the business ownerloperator and that person's family.
Adjoining shall mean property that touches or is directly across a street from the subject
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 )
Adult 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:
(2)
Any person who is engaging in an activity governed by this chapter or who is the
owner of property subject to this chapter.
Ordinance No. 97-307, Page 7
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Average building elevation shall mean a reference datum on the surface topography of
a subject property from which building height is rne&SlM'ed. The reference datum shall be a point
no higher than 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 ar~a representing
a distinct topographical change.
Backfill shall mean material placed into an excavated area, pit, trench or behind a
constructed retaining wall or foundation.
Building 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.
Business college shall mean a post secondary institution that offers instruction in
business principles and practices that will enhance one's ability to perform in a business setting,
Le., secretarial, accounting, purchasing, computers.
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.
Change of use shall mean a change of use detenninecl 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:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation; end
(4) General appearance;
(5) TvDe extent or amount of indoor or outdoor storaae' and
Ordinance No. 97-307, Page 8
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(6) Constituents of surface water discharoe or runoff.
*
*
*
*
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 of 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.
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 or public property. or the use or utilization of private or public
procertv that does not conform to any of the provisions of this chapter or that was not approved
by the City of Federal Way eity-through the appropriate decision-making process required under
this chapter.
Nonliving ground cover shall mean gravel, chipped bark or similar nonpolluting 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.
Ordinance No. 97-307, Page 9
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Normal maintenance - sians mav include but is not limited to" replacina liaht bulbs
paintinQ faded or peelina oaint reolacina small pieces of a damaaed si!}n This does not
include chan!}e of color materials si!}n Me size hei!}ht or text except for that $pecificel~
permitted for a new tenant chan!}e to a multi tenant sign
On-site hazardous waste treatment and storage facilities shall mean facilities which treat
and $tore hazardou$ wa$te$ generated on the $Sme lot or geographically contiguou$ or
bordering property. Travel between two propertie$ divided by a public right-of-way, and owned,
operated or controlled by the same person, shall be considered on-site travel if:
(1 )
(2)
The travel crosses the right-of-way at a perpendicular intersection, or
The right-of-way is controlled by the property owner and is inaccessible to the
public (see WAC 173-30:HI40(39».
Properly 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 )
(2)
(3)
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 by the director of the department of community development.
The rear property line is any property line that is farthest from, and essentially
parallel to, the front property line.
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 govemment,
to meet the active or passive recreational needs of people.
Public utility shall mean the facilities of a private business organization such as a public
service corporation, or a govemmental agency performing some public service and subject to
special govemmental regulations, the services which are paid for directly by the recipients
thereof. Such services 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.
Ordinance No. 97-307, Page 10
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Public works director shall mean the director of the department of public works of the city.
Ordinance No. 97-307, Page 11
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ATTACHMENT B
ARTICLE IV - NONCONFORMANCE
Ordinance No. 97-307, Page 12
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ARTICLE IV. NONCONFORMANCE*
*Cross reference(s)-Effective date of the zoning regulations and requirements, § 22-9;
district regulations, § 22-571 et seq.; supplementary district regulations, § 22-946 et seq.
Sec. 22-325. Purpose and Intent
The puroose of this Article is to allow for the continuance and maintenance of leoally
established nonconformina uses and structures and to provide standards delineatina the
circumstances in which nonconforming uses and structures must be brouaht into conformance with
the standards and provisions orescribed within this chaoter In oarticular the intent of this Article
is to'
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Ensure a reasonable oooortunitv for use of leaallv created lots which do not meet
current minimum code reouirements for the zonina district in which thev are located
Ensure a reasonable opoortunity for use maintenance and minor improvement of
leaallv constructed buildinas structures and site development features encouraae
a reasonable oooortunitv for a chance of tenants usina such buildinas structures
or features even where those buildinQs structures and features do not comolv with
development re9ulations prescribed by this chapter and orovide more flexibility
relative to structures and develooments that were built in accordance with the codes
and laws in effect at the time of construction'
Ensure a reasonable oooortunitv for continuation of leaally established uses which
do not conform to use regulations for the zoning district in which they are located
Encouraae the replacement of nonconforming uses havino potentiallY undesirable
impacts on conforming uses
Encouraae the uoorading of nonconformina buildinas structures and site
develooment features which do not comolv with develooment reaulations orescribed
by this chaoter
Sec. 22-326. Administration.
This article establishes when and under what circumstances nonconforming aspects of a
use or development must be brought into conformance with this chapter. The provisions of this
article should be used only if there is some aspect of the use or development on the subject
property that is not permitted under this chapter.
COrd. No. 90-43, §2{165.05), 2-27-90; Ord. No. 91-113, §4(165.05), 12-3-91; Ord. No. 92-135,
§ 3(165.05), 4-21-92; Ord. No. 92-144, § 3(165.05),6-16-92)
Ordinance No. 97-307, Page 13
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Sec. 22-327. When conformance Is required.
If an aspect, element, activity or use of or on the subject property conformed to the
applicable zoning chapter in effect at the time that aspect, element, activity or use was constructed
or initiated, that aspect, element, activity or use may continue and need not be brought into
conformance with this chapter unless a provision of this article requires conformance.
(Ord. No. 90-43, § 2(165.10),2-27-90; Ord. No. 91-113, § 4(165.10), 12-3-91; Ord. No. 92-135,
§ 3(165.10),4-21-92; Ord. No. 92-144, § 3(165.10),6-16-92)' .
Sec. 22-328. Regulations applicable to legal nonconforming use.
If a use is nonconforming in the zone in which it is located, this chapter does not establish
applicable dimensional or other regulations. If the use is a legal nonconforming use Therefore,
to determil'le ,'+'at regulatiol'ls appl~, the city will. in order to identify applicable reaulations
determine the zone that allows the l'Iol'lcomrmil'lg useJ¡ that is most similar to the zone in which
the-nonconforming use is located and apply the development regulations of that zone. If the use
is a legal nonconformina use that is allowed in one or more zones other than the zone in which it
is located the Citv determine the zone most similar to the zone in which the nonconformina use
is located and apply the development regulations of that zone
(Ord. No. 90-43, § 2(165.15),2-27-90; Ord. No. 91-113, § 4(165.15),12-3-91; Ord. No. 92-135,
§ 3(165.15),4-21-92; Ord. No. 92-144, § 3(165.15), 6-16-92)
Sec. 22-329. Abatement of nonconformance that was illegal when initiated.
(a) Generally. Except as specified in subsection (b) of this section, any nonconformance that
was illegal when initiated must immediately be brought into conformance with this article. The city
may, using the provisions of article IV of this chapter or any other applicable law, immediately
abate any nonconformance that was illegal when initiated.
(b) Exceptions. If a nonconformance has ever been in complete conformance with an
applicable zoning code it may continue to exist subject to the provisions of this article, and it is not
subject to abatement under subsection (a) of this section.
(Ord. No. 90-43, § 2(165.20),2-27-90; Ord. No. 91-113, § 4(165.20), 12-3-91; Ord. No. 92-135,
§ 3(165.20), 4-21-92; Ord. No. 92-144, § 3(165.20),6-16-92)
Sec. 22-330. Immediate compliance with certain provisions required.
(a) Generally. Regardless of any other provision of this article, the following
non conformances must be immediately brought into conformance with the applicable provisions
of this chapter.
(1 )
Nonconformance with the noise standards in section 22-956;
Ordinance No. 97-307, Page 14
(2)
(3)
(4)
(5)
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Nonconformance with the lighting standards in section 22-954;
Nonconformance with the heat emission standards in section 22-951;
Nonconformance with the radiation standards in section 22-959;
Nonconformance with the air quality standards in section 22-947;
(6) Nonconformance with the water C tlalit) standards in section 21 100 et seq ~
Uniform Fire Code and FWCC sections 8-51 - 8-120 to the extent that the nonconformance Doses
a threat to life or safetv as determined bv the Director in consultation with the appropriate fire
safety officials:
(7)
(8)
(9)
Nonconformance with the odor standards in section 22-958;
Nonconformance with the provisions in section 22-1111 et seq.; regarding parking
and storage of large vehicles in residential zones;
Nonconformance with the provisions in section 22-952 regarding junk;
(10) Nonconformance with the glare standards in section 22-950;
(11) Nonconformance with the provision in section 22-1596 regarding portable outdoor
signs;
(12) Nonconformance with the provision in section 22-1596 regarding location of signs
extending over rights-of-way.
(b) Abatement. The city may. using any of the provisions of section 22-121 et seq. or any
other applicable law, to immediately abate or seek discontinuance of any nonconformance listed
in subsection (a) of this section.
(Ord. No. 90-43, § 2(165.25),2-27-90; Ord. No. 91-113, § 4(165.25),12-3-91; Ord. No. 92-135,
§ 3(165.25), 4-21-92; Ord. No. 92-144. § 3(165.25), 6-16-92)
Cross reference(s)-Enforcement of the provisions regarding nonconformance with the
zoning regulations, § 22-121 et seq.; maximum environmental noise levels, § 22-956; lighting
standards, § 22-954; heat regulation, § 22-951; radiation. § 22-959; air quality, § 22-947; odors,
§ 22-958; water quality, § 22-1196 et seq.; parking and storage of outdoor equipment, § 22-1111
et seq.; junk and junkyards, § 22-952; glare regulations, § 22-950; portable outdoor signs, § 22-
1596 et seq.; signs extending over rights-of-way, § 22-1596 et seq.
Sec. 22-331. Certain nonconfonnances specifically regulated-Generally.
(a) Sections 22-332 through ~ 22-336 specify when and under what circumstances
certain nonconformances must be corrected. If a nonconformance must be corrected under this
Ordinance No. 97-307, Page 15
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section, the applicant must, as part of the application for any development permit, submit all
information that the city reasonably needs to review the correction. In addition, the city will not
issue a certificate of zoning compliance or permit occupancy until the correction is made.
(b) If section 22-330 applies to a specific nonconformance, the provisions of this section do
not apply to that same nonconformance.
(Ord. No. 90-43, §2(165.35(1», 2-27-90; Ord. No. 91-113, §4(165.35(1», 12-3-91; Ord. No. 92-
135, § 3(165.35(1», 4-21-92; Ord. No. 92-144, § 3(165.35(1», 6-16-92) ,
Sec. 22-332. Same-Nonconforming use.
Any nonconforming use must be terminated brought inte conformance or discontinued if:
(1 )
(2)
(3)
(-4)
The applicant is making structural alterations or increasing the gross floor area of
any structure that houses or supports the nonconforming use;
Other than as specified in subsection (1) of this section, the applicant is making
changes or alterations or doing work, other than normal maintenance, in any Qœ
consecutive 12 month period to any structure that houses or supports the
nonconforming use and the fair market value of that change, alteration or work
exceeds 15 percent of the assessed or appraised value of that structure. The
applicant may provide an appraisal of the impre.ement structure on the subject
procerty ..hien has been damaQed. The appraisal must be from a source that is
acceptable to the city. The community development director may require the
applicant to provide an appraisal from a source acceptable to the city if the assessed
valuation appears to be inappropriate. If an appraisal is provided by the applicant or
required by the city, the larger of the two amounts (value of assessment or appraised
value) shall be used;
The subject property has been abandoned for ga or more conseetlti.e de)s or the
nol'lcol'lferming use has ceased for 180 or more conseetrti.e da~s, or
The applicant replaess the use ..ith a different use. The cit~ ma~ allow this change
in use, if threugh precess II the cit~ determines that the preposed ne.. use ..iII be
less nonconforming and .lill he.e fa..er detrimental effects on the neighborhood than
did the existing use.
(Ord. No. 90-43, § 2(165.35(2»,2-27-90; Ord. No. 91-113, § 4(165.35(2»,12-3-91; Ord. No. 92-
135, § 3(165.35(2», 4-21-92; Ord. No. 92-144, § 3(165.35(2», 6-16-92)
Cross reference(s)-Building code standards, § ~.
Sec. 22 333. Same Nonconfonning procedure.
Ordinance No. 97-307, Page 16
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If the subject propert¡ contains a use.at: aspect, aeti..ity or de.elopment Me¡uiring appro.al
througn process I, II, or III, or 1'1 and tne use or acti.it\ Mlich was not appro.ed or m.ie..ed ~
tne Ilearine! Cxsrninar thl'Ctl;n a~ e¡uasi judicial precess 1::11 ICIer this ehaptar or an:1 prior appli~bi;
zoning pro.ision, that use.at: aspect, acti.i~ or de.'8lopment must be re.iewed end appro.ed
using the appropriate process Pi under this chapter if.
(1 )
(21)
(32)
(4æ
There is a change in use and tnis enapter 8stablisned different or mOM rigorous
standards for the ne.. usa than for the 8 (isting tlse;
The appliesl'lt is maldng additions, changes or al16retions or doing ..orl(, otner tnan
normal Maintenance or other than tenant impro.ements, to the subject propeFt) in
one conseeuti.e 12 month period the fair market .altl8 of .mien exceeds SO percent
of tne assessed or appreised .alue of all structure! on the !ubject propel't:J. The
appliesnt ma~ pro.ide an appreisal of the sttuctures on tne subiect propel't.
impro.ement .ñ1ich nas been damaged. The appreisal mtlst be from a source tnat
is aeeeptable to tne eit~. rne commtlnit) de.elopment director m~ ree¡uire the
appliesnt 16 pro.ide an appraisal from a source eeoepteble to tne oil) if tne assessed
.aluation appears 16 be inapprcpliete. If an appraisal is pro.ided b~ the appliesnt or
ree¡uired b:1 the eit~, tne larger of the "..0 amounts snail be used,
The subject property has been abandoned for QO or more conseeuti.e da~s or Tne
use conducted on tne subject propert~ nas coased for ~ 180 or more consecuti.e
deys;-or
Tne director of cemmunit~ de.elopment determines tnat tnere ..iII be substantial
enan;!)s in the impacts on the neignbomooel or the cit~ as a result of tne proposed
cnange The apoliesnt proposes to inel ease tne Clress floor area of an. tlse on tne
subiect prooert. b) 25% or more either throulJh addition of ne.. floors ..ithin tne
struettlre or enlal'gem6nt of the existil'lCl buildino foot orint.
(Ore!. Uo. 90-43, § 2(1CS.3S(3}), 2 27 30, Ord. No. ~1 113, § 4(1CS.35{3}), 12<391, Ord. No. 02
13S, § 3(1CS.35(3})," 21 92, Ord. No. 92 1+4, § 3(1CS.35(3}), 61692)
Sec. 22-334. Same-Nonconfonnina Development
If any aseed structure imcrovement or development does not conform to the development
regulations prescribed in this chapter thai aspect structure improvement or development must
be brought into conformance or otherwise improved as set forth below If tnere are fe..er parking
spacos for the uses conducted e!n the subject property than are ree¡tlired tinder tnis chapter, the
additional reCitliMd number of spaces must be pro.ided if:
(1 )
Change of use - sinale tenant site. If an applicant DrQposes a chance of use on
orooerty used or OCClIpied bv a sinale tenant or use the acclicant shall meet those
crovisions determined by the Director to be reasonably related and applicable to the
change of use These provisions shall apply to the entire site
Ordinance No. 97-307, Page 17
(4)
(5)
(6)
..<'.,,",1111
!2)
Chance of use - multi tenant site" If an applicant Droposes a chanQe of use on only
a portion of Droperty DCCUpied by multiple tenants or uses the aPDlicant shall meet
those DI'Ovisions determined by the Director to be reasonably related and apDlicable
to the chan!;!e of use These provisions shall apply only to that Q8OQraDhic portio~
of the site related to the use or tenant $pace on which the chanae is oroposed =Fhe
applicant is going to ei'lange the I:Ise condtleted on the stlbject prepel'l) and this
chapter reql:lires more parldng spaces for the new I:Ise than fer the fol'lTler I:Ise;
(3)
Increase in Gross Floor Area" If:fhe-an applicant proposes to is-inérease inet casing
the gross floor area of any use on the subject property in anyone of the following
wavs the applicant shall complv with the development reaulations in effect at the
time of the proposal as specified below:
iL. If expansion of aross floor area of an existing buildina occurs either
through addition of new floors within the structure or enlargement of the existing
buildina foot print the applicant shall comply with all development reaulations in
effect at the time the eXDansion is proposed If the Dropertv on which the eJ<Pansion
is Proposed is CJCa!pied by multiple tenants or uses the applicant shall comDly with
those development reQulations applicable to the Qeoaraohic portion of the site on
which the expansion is proposed" or .
b.. If a new and separate structure is being constructed on an already
developed site the applicant shall complv with all development reQulations
applicable to the aeoQraohic portion of the site on which the new structure and anv
related improvements are to be constructed
Abandonment" If an applicant proposes any wor1<, including tenant improvements, on
the subject property tbs!t has been abandoned fer 00 or more consocuti v e da~ s. ~
applicant shall comolv with all development regulations applicable to the subiect
property to the extent phvsically or technicallv Dracticable on the site" or the I:Ise
condl:lcted on tRo subject preport; Ras ceased for 180 or more consecutive da~s.
The use conducted on the subiect propertY has ceased for more than one year in
which case the applicant shall repair and/or restore the improvements on the site
(e a drainaQe landscaping curbing parkin!;! parkin!;! lot landscapina etc) to a
condition as near as physicallv DOssible to the condition required by the requirements
of approval of the existing development"
The applicant is makina any alteration or chan!;!es or doinQ any work other than
normal maintenance or other than tenant improvements in anv one consecutive 12
month period to an improvement that is nonconformina and the fair market value of
the alteration chanQe or other work exceeds 50 percent of the assessed or
appraised value of that improvement The applicant may provide an appraisal of the
improvement The appraisal must be from a source acceptable to the City The
Director may reauire the applicant to provide an appraisal from a second source
acceptable to the CitY if the assessed valuation aDpears to be inaccurate or
Ordinance No. 97-307, Page 18
. ","'."""",-
inappropriate If more than one acpraisal is orovided by the applicant or required by
the City the lal'Qer of the two amounts shall be used. In the event this subsection is
trigoered with respect to a sinole-tenant or singlEHX:CUpant site the apolicant shall
meet all develooment re~lUlations apolicable to the proœrty In the event this
subsection is triooered with resœct to a site QCCUoied bv multiple tenants or uses
the applicant shall complv with those development regulations apolicable to the
oeooraohie oortion of the site on which the alteration chance or imorovement is
proposed For purposes of this determinino value under this section improvements
required oursuant to Sections 22-334 (NonconforminQ DevelOpment). 22-336
(street/sidewalk improvements) 22-337 (Nonconformino Water Quality
Improvements) and 22-1473 (street/sidewalk improvements) shall not be counted
towards the 50% threshold which would triQoer aoplication of this subsection (22-
~
This section (22-334) does not govern aoolication of Article XIX CommunitY Design Guidelines'
application of Article XIX is governed by FWCC 22-1630 - 22-1639 as amended This section (22-
334) also does not govern application of development reQulations relatino to water quality siQns
or street/sidewalk imorovements' aoolication of those development regulations is ooverned by
FWCC 22-337 22-335 22-336 and 22-1473 all as amended
(Ord. No. 90-43, §2(165.35(4», 2-27-90; Ord. No. 91-113§ 4(165.35(4»,12-3-91; Ord. No. 92-
135 § 3 (165.35(4», 4-21-92; Ord. No. 92-144 § 3 (165.35(4», 6-16-92).
Cross reference(s)-Zoning district regulations, § 22-571 et seq.; plan unit developments,
§ 22-921 et seq; off street parking regulations, § 22-1376 et seq.
Sec. 22-335. Nonconfonnlng signs.
(a) Purpose In order to ease the economic impact of this code on businesspersons with
substantial investment in signs in existence on the date of adoption of this code, this section
provides for up to ten years of continued use of a nonconforming sign in its existing state. During
this period, it is expected that the sign may be amortized in its value over this ten-year time period
and/or may be amortized for federal income tax purposes; provided, however, that whether a sign
is amortized for tax purposes shall not affect the application of this section.
(b) Definitions. A nonconforming sign shall mean any sign as defined by section 22-1597
which was legally in existence on the effective date of this code, February 28, 1990 but which does
not comply with the sign regulations of Article XVIII, "signs" or any other sections of this code. Any
words, terms or phrases used in this section and which are not otherwise defined shall have the
meanings set forth in sections 22-1 and 22-1597 of this Code.
(c) Legal nonconformance.
(1 )
Eligibility. Any nonconforming sign located within the city limits on the date of
adoption of this code, February 28, 1990, or located in areas annexed to the city
thereafter which does not conform with the provisions of this code, is eligible for
Ordinance No. 97-307, Page 19
(2)
(3)
characterization as a legal nonconforming sign provided it meets the following
requirements:
(I)
The sign was covered by a sign permit on the date of adoption of this code,
if one was required under applicable law; or
(ii)
If no sign permit was required under applicable law for the sign, the sign was
in all respects in compliance with applicable law on the date of adoption of
this code.
Allowed. All legal nonconforming signs are allowed subject to all permit requirements,
the provisions covering loss of legal nonconforming status and other limitations set
forth in this section.
Exclusions. No temporary signs, portable signs, special signs, or incidental signs
shall be eligible for characterization as legal nonconforming signs.
(d) Legal nonconforming sign permit.
(1 )
(2)
(3)
Required. A legal nonconforming sign permit is required for each legal
nonconforming sign. The permit shall be obtained by the sign user or the sign owner,
or the owner of the property upon which the sign is located, within 60 days of
notification by the city that the sign is legal nonconforming. The permit shall be
issued for no fee and shall expire at the end of the applicable amortization period
prescribed in FWCC 22-335(E).
Necessary information. Applications for a legal nonconforming sign permit shall
contain the name and address of the sign user, the sign owner and the owner of the
property upon which the sign is located, and such other pertinent information as the
director of community development may require to ensure compliance with the code,
including proof of the date of installation of the sign.
Faüure to comply. A legal nonconforming sign for which no permit has been issued
within the 6O-day period shall within six months be brought into compliance with the
code or be removed. Failure to comply shall subjE;lct the sign user, owner and/or
owner of the property on which the sign is located to the remedies and penalties of
section 22-1604.
(e) Amortization. All legal nonconforming signs shall be discontinued and removed or made
conforming within ten years from the effective date of this code, on or before February 28, 2000,
and all signs which are made nonconforming by a subsequent amendment to this code shall be
discontinued and removed or made conforming within five years after the date of such amendment
(collectively the "amortization period"). Upon the expiration of the amortization period, the sign
shall be brought into conformance with this code, with a permit obtained, or be removed. A sign
prohibited pursuant to section 22-1600 may not be brought into conformance and must therefore
be immediately removed upon the expiration of the amortization period.
Ordinance No. 97-307, Page 20
(f) Extension or exemption from amortization period.
(1 )
(2)
(3)
(4)
Applicability. This subsection applies to any sign which is required to be removed
pursuant to subsection (e) of this section following expiration of the amortization
period.
Purpose. A sign amortization exemption or extension is a mechanism by which the
city may provide relief from the effect of the sign amortization program when its
enforcement would fail to noticeably improve the appearance of the neighborhood
and the city any when a hardship would result from its enforcement.
Who may apply. the property owner or the person displaying the sign which is
required to be removed pursuant to subsection (e) of this section may apply for a
sign amortization extension or exemption.
Decisional criteria. An application for a sign amortization exemption or extension may
be approved or approved with modification if it satisfies all of the following criteria:
(a)
The sign is compatible with the architectural design of structures on the
subject property.
(b)
The sign substantially complies with the requirements of the sign code for the
land use district in which it is located. For purposes of this subsection,
"substantial compliance" shall mean that the height of the sign is within ten
percent of the sign height required by Article XVIII of this code and that the
sign area of the sign is within 20 percent of the sign area required by article
XVIII of this code. Minor deviations from these percentages may be approved
by the administrator if he or she concludes that the resulting sign is
harmonious with the character of the primary structures on the subject
property and with the signs and structures on surrounding properties;
(c)
The enforcement of this code would result in a substantial hardship to the
applicant due to the size, shape, topography, location or surroundings of the
subject property and such hardship was not created by any action of the
applicant or would result in a substantial economic hardship to the applicant
because the applicant erected a sign, or made an application for a sign
permit, between February 28, 1990 and June 6, 1995 in compliance with the
existing sign code.
(d)
The sign complies with the city's minimum sign distance at intersection
requirements pursuant to section 22-1151 et seq.;
If illuminated, the sign is oriented away from residentially developed or zoned
property or is adequately screened so that the source of light is not correctly
visible;
(e)
Ordinance No. 97-307, Page 21
(5)
(t)
(g)
It is consistent with the city' comprehensive plan; and
It is consistent with the public health, safety and welfare.
Applicable procedure. Except as otherwise provided by this subsection (t), the city
will process an application for a sign amortization exemption or extension through
Process I, Article VI of this code.
(g) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately
removed or modified to conform to all the provisions of this chapter, and a new permit secured
therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation
when one or more of the following events occurs:
(1 )
(2)
(3)
(4)
(5)
(6)
Structural changes. The applicant is making structural alterations or increasing the
gross floor area of any structure that houses or supports the use with which the legal
nonconforming sign is associated;
Other alterations. The applicant is making any change, alteration or performing wor1<
other than normal maintenance or other than tenant improvements, in any 12-month
period to any structure that houses or supports the use with which the nonconforming
sign is associated and the fair mar1<et value of those changes, alterations or other
wor1< exceeds 25 percent of the assessed value of that structure as determined by
the King County Assessor,
Abandonment or business cessation. The subject property containing the sign is
abandoned for 90 or more consecutive days or the activity conducted on the subject
property ceases for 180 consecutive days;
Sign alterations. The applicant is making changes, alterations or performing any wor1<
to the legal nonconforming sign other than regular and normal maintenance.
Prohibited sign alterations include relocating the sign or replacing the sign; provided,
however, that replacing any individual tenant's identification sign in either a center
identification sign which separately identifies the tenants or in a tenant directory sign
shall not result in the loss of such sign's legal nonconforming sign designation.
Change in use. There has been a change in use on the subject property as that term
is defined by section 22-1 of this code.
Change in tenant. There has been a change in tenant or business on the subject
property.
In connection with any multiuse or multitenant complex, the foregoing events which require
that a nonconforming sign be either removed or brought into confonnance with this code, shall
apply only to the individual owner's or tenant's building mounted or freestanding signs who has
triggered the elimination of the legal nonconformance and not to the other signs located on the
Ordinance No. 97-307, Page 22
subject property, including any copy change in a center identificetion or tenant director sign in
order to include such tenant's name.
(h) Historic signs. Nonconforming on-site historicel signs may be retained through Process
II, Article VII of this code, if the sign is determined to be of historic significance by satisfying all of
the following criteria:
(1 )
(2)
(3)
(4)
The sign is used in connection with a building which has been designated as a
historic building pursuant to any federal, state or localpreservatian authority;
The subject sign or signs are substantially unchanged or unaltered since initial
installation;
The subject sign or signs are a good example of the prevailing signage during the
period in time it was installed; and
The subject sign or signs have been well maintained and are not materially
detrimental to the public health, safety and welfare.
(I) Exemption. The city may elect not to apply any provisions of this section 22-335 if the
removal of a sign would require the city to pay compensation under any federal, state or other law,
including RCW ch. 47.42.
(Ord. No. 90-43, § 2(165.35(5»,2-27-90; Ord. No. 91-113, § 4(165.35(5», 12-3-91; Ord. No. 92-
135, § 3(165.35(5», 4-21-92; Ord. No. 92-144, § 3(165.35(5»,6-16-92; Ord. No. 95-235, § 3, 6-6-
95)
Cross reference{s)-Sign regulations, § 22-1596 et seq.
Sec. 22-336. When public improvements must be Installed. Same Nonconforming buffers.
An applicant for a development cermit for anv tvee of activitY on procerty on which a
nonconformance is located shall provide the improvements required bv Article XVI of this chapter
as provided in FWCC 22-1473 as amended
lOrd No 90-43 § 2(110 20) 2-27-90\
Cross reference(s)-Streets sidewalks and other public places ch 13' riQhts-of-way § 13-
26 et seq . subdivision req!Jired imorovements & 20-176 et seq . drainage program § 21-26 et seq
If tl'le subject propert) does not contain the btlffers reqtlired by this ctlapter, the reqtlired
buffers must be pre.ided if.
(1 )
"FI'Iere is al'!y inel8898 in the gross flOOt 81 ee t1f ~ stn;¡cttlre on tl'lo stlbjeet propert).
Ilo"e,er, the btJffðrs adjaeð"t to preexistil'lg btlildings on the subject property need
only be i"creased to the extel'lt tl'lat the land is a,aHablo for the increase,
Ordinance No. 97-307, Page 23
(2)
(3)
(-t)
, "."..-
There is a change in t/se on the stlbject property and tl'lis eI-Iapter reqtlires larger or
donser buffers for the ne.. tlse tl'lan for the former tlse,
Cxoept as 3peCifieci in Stlbseetion (1) of this section, the 8I'Plicant is making chanaes,
alterations 01 doing other wor!<, otfoIer 1Ran normal maintenan08 or other 11'1an tenant
impre.emel'lts, in an~ 12 month period to an~ strtlcttlre O" 11'1e st/billet property and
fair market .alt/e of tl'lese eI-Ianges, alteretiol'ls or other ..or!< exeeeds sa percent of
tRe assessed er appraised .alue of 11'18t struettlre. The appliea...t me)' pro. ide a...
appraisal of the impro.ement which 1'188 been damaged. The appraisal ml:lst be from
a souree that is aeeepteble to the eit). The oommtlnit; de.elopment director ma)'
r-equire tRe applicant to pro. ide en appraisal fr~m a souree aeeeptable to t"'e eit) if
the assessed .alt/ation appears to be inappropriate. If al'l appraisal is pro.ided b)'
the applicant or required b)l tRe ei1)1, t"'e larger of t"'e two amotlnts snail bo t/sed,
"'o,',o.er, tRe buff~rs adjaeent to preexisting btlildings on tRe subject propert)' need
onl)l be increased to the extent that the land is a.ailable for the increase, or
TRe subject prope~ Ras been abandoned for 90 or moro conseeuti.e da)'s or iRe
use conducted on the 3IJbjeet propert) has ceased for 1 00 or mOl e conseetlti ie da~ s.
(Ore. No. :X>43, § 2(1C5.35(C)), 2 27 90, Ore. Uo. 91 113, § 4(1C5.35(6)), 12--331, Ore. No. :32
135, § 3(165.35(6», 4 21 02, Ore. t~o. 92144, § 3(165.35(6»,6 1C 02)
Cross referenee(s) Landscaping, § 22 1561 et see¡.
Sec. 22-337. Same An)' other noneonfo.",anee.
ImDrovements.
Nonconformlna Water Qualitv
This section sets forth the standards when and under what circumstances a structure
imerovement or develoement or prooerty that does not conform to the develoement reoulations
prescribed in Chaeter 21 of the FWCC (as amended) relating to water Qualitv or does not conform
to the development regulations contained in Article XIII Division 12 of this chapter (FWCC sections
22-1196 - 22-1220 as amended) must be brouoht into compliance with the development
reDulations in Chaoter 21 oertaininD to water quality and Article XIII Division 12 of this chapter
(FWCC sections 22-1196 - 22-1220 as amended)
úù Redeveloement AM oerson oroeosing to redevelop a structure imorovement
development or property must bring that structure improvement development or property into
compliance with the development regulations in Chaeter 21 oertaininD to water quality and Article
XIII Division 12 of this chaoter (FWCC sections 22-1196 - 22-1220 as amended) where the
eroeosed redevelopment meets or exceeds the thresholds set forth below For the purposes of this
section 'redeveloe" or "redevelooment" means on an already developed site' the creation or
addition of impervious surface' the expansion of a buildino footprint or addition or reDlacement of
a structure' structural develoement including an increase in DroSS floor area and/or exterior
construction or remodeling where the structural development exceeds 50 oercent of the assessed
or aDDraised value of the structure or imDrovement beinD redevelooed' the repair or replacement
of impervious surface that is not part of a routine maintenance activity. a chanGe of use which has
Ordinance No. 97-307, Page 24
a DOtentia/ to release a new DOI/utant's! to the Citv's surface water svstems' or land disturbing
activities associated with imcervious redevelocment
ill
(2).
Q.1
ill
@.
.(2).
ill
Redevelopment which involves the aeation or addition of imcervious surfaces having
an area of 5 000 square feet or more'
Redevelopment which involves the construction or reDlacement of a buildinc footprint
or other structure havinQ a surface area of 5 000 scuars feet or more or which
involves the expansion of a buildinc footcrint or other structure by 5 000 square feet
of surface area or more'
Redevelocment which involves the repair or replacement of 5 000 square feet or
more of an imcervious surface when such redevelocment is not part of a routine
maintenance activity'
Redevelopment which involves the collection and/or concentration of surface and/or
storm water runoff from a drainace area of 5 000 square feet or more'
Redevelopment which contains or directlv discharces to a floodplain stream lake
wetland or closed depression Qroundwater recharge area or other water quality
sensitive area determined by the Public Works Director based on a written maD
oolicv water aua/itv monitorina data or alan in existence or imo/emented bv the
Director orior to submission of a redeve/ooment aoo/ication which is determined to
triaaer aoo/ication of this subsection or based on information deve/oDed durina
review of a oarticu/ar redeve/ooment aoo/ication'
Redevelopment which involves a chance in use and the changed use has a potential
to release a new pollutantes) to surface water systems within the City For the
purposes of this subsection "new collutant(s)" means a pollutant that was not
discharged at that location immediately prior to the change in use as well as a
pollutant that was discharced in less quantities immediately prior to the chance in
~
Redevelocment other than normal maintenance or other than tenant imcrovements,
but inc/udina anv increase in DroSS floor area, in anyone consecutive 12 month
period which exceeds 50 cercent of the assessed or aPpraised value (whichever is
greater) of the structure or imcrovement beinc redeveloped The apclicant may
provide an accraisal of the imcrovement The acpraisal must be from a source
acceptable to the City The Director may recuire the applicant to crovide an
appraisal from a second source acceptable to the City if the assessed valuation
appears to be inaccurate or inappropriate If more than one appraisal is provided bv
the acclicant or req Jired bv the Citv the greater of the two amounts shall be used
For purposes of this determining value under this section improvements required
pursuant to Sections 22-334 (Nonconforming Develocmenn 22-336 (streeUsidewalk
imcrovements) 22-337 (Nonconformina Water Quality Improvements) and 22-1473
Ordinance No. 97-307, Page 25
(streeUsidewalk improvements) shall not be counted towards the 50% threshold
which would triac~er acclication of this subsection (22-337(7».
(81
Redevelooment of crooertv which drains or discharQes to a receivinQ water that has
a documented water quality problem as determined by the Public Works Director
based on a maD D/an wEtter aualitv monitorina data or a written DOlicv in existence
or imDlemented bv the Director Drior to submission of a redeveloDment BDDlication
determined to triaaer aDDlication of this subsection where the Director determines
that the redevelopment reQuires additional soecific controls. to address the
documented water Quality problem
!Q). ,"'hasin~ A ðef301'1 proðOsint:1 rede..ero"",ent Ib. a sift! g, aate, than one Be. r: i/'l sirt;
malf aehielle {;omðfi8l1oo with the rcqtlireme"ts ofth:.! secfion bw dewe!oð.;"t:1and ¡"'ðfemel'lting a
stëJ,m^ater m8n8ffem(;/'It pla/'l The p,'tJn ml:Jst be BolJ.ð.Bd b.. the .'"'tJbl;e V/ð.l<s D:.eetð, PM, to
eft:. aoBfð.8,' of the P",ððSed rede,f(;!~ment and "'fjst {;ontai/'l a detailed schcdli{c extending no
mole than fi.e ..cars from the date of ap",ð.a{ of the rede.clðfJment for eo"sti'Y1dÍfJn af a:/
;mo, o.emenfs l'CðtÙad b.. th,s seet;on (PI/CO 22 3371 A ðerson choosirJ" tð pmceed /:Jnder th:s
stJb3ect:a" (22 337fbl> !h8,\' pm..ide Brio, tð aoom..iII: at the sW""M/8te. man8t:1e",ent o:a" 8
perfo,m8nce bond and bond a".cBment that (11 ha.e ate.", _l to the eon!t.l:Jction schedu'e
ÐroPOSed ;/'1 the o,'Bn and f4) eom":.. with the alJ"l,œb1e rcqtii. ament! at sections 22 147 22 175
8S amended
TImina All imDrovements reQuired bv this section (FWee 22-3371 shall be
constructed or installed concurrent with the redevelODment triaaerina aDolication of this section
unless an aoDlicant for redeveloDment oats to Dursue incrementa} construction of reQuired
imorovements In that event the aDolicant shall develoo and submit to the Public Works Director
a stormwater manaGement alan detailinG all of the imorovements reQuired bv this section and
oroceed accordinG to the followinG subsections,
(1) Extent of Construction of ReQuired Water Qualitv Imørovements.
Where the Public Works Director determines that incremental construction is Dhv$icallv feasible.
the aoolicant shall construct that DOmon of the reQuired imorovements accordinG to the followinG
schedule'
% of Redevelooment
% of Water aualitv imorovements
f2::2ß
25-49%
~
~
~
wm.
Where construction of 100% of water Gualitv imDrovements is reQuired under this subsection the
imDrovements may be constructed over a Deried extendinG no more than five vears from the date
of aoDroval of the redeveloDment A Derson choosinG to utilize such extended construction shall
orovide. Drior to aDDroval of the stormwater manaGement Dlan a Derformance bond and bond
aGreement that. (1) have a term eaual to the construction schedule OroDOSed in the alan' and (2)
comolv with the aoolicable reQuirements of sections 22-147 - 22-175 as amended
Ordinance No. 97-307, Page 26
(2) Incremental construction not feasible. Wham the Public Worlcs Director
determines that incmmental construction is not Dhvsicallv feasible 100% of the reauired water
aualitv imDmvements must be installed concurrent with the redeveloDment
(3) Calculation of redevelooment value. For oumoses of calculatino the
value of redeveloDment in order to aDDlv section 22-337(b)(1) the Public Works Director shall
consider the cost of the Drooosed redevetoDment as a œrœntaae of the assessed or aDDraised
value (whichever is areater) of all structums on the subiect DfDœrtv If an aDDraisat is used it must
be DreDared bv an MAl aDDraiser acceDtable to the Citv and Daid for and submitted bv the
aDDficant
(4) SubseQuent redeve/oDment. Whenever any œrson seeks aDDmval for
redevetoDment on Dmœrtv for which incremental construction of reauired water aualitv
imDrovements was Dreviouslv authorized Dursuant to this section (22-337(bH any additional water
auatitv imDrovements to be reauired shall be determined bv aDDfication of the schedule in section
22-337(b)(2) based on the stormwater manaaement Dlan DreDared as Dart of the first reauest for
authorization of incremental construction. If water Qualify reauirements have chanaed since
DreDaration of the initial stormwater manaaement Dlan a new Dlan shall be DreDared detailino
imDrovements reauired to comDlv with any existina and new reauirements and the schedule in
section 22-337(b)(2) shall also be aDDfied to the new Dlan
!kl Location of water Quality improvements A person procosina redevelopment on a
property or site havina a Federal Way Comcrehensive Plan designation of CC-F (City Core -
Frame) or CC-C (City Core - Center} may construct water Quality facilities reQuired by this section
below grade
Cross references: Chapter 21 FWCC; FWCC 22-1196 - 22-1220.
If al'l~ l'Iol'lcol'lformal'lce exists 01'1 t"e subject prepe~, ottler thal'l as speeifjcell~ listed il'l
sadiol'ls 22 333 t"reug" 22 336 ..it" t"e exceptiol'l of Article XIX Oommul'li~ Desigl'l Ouidelil'les,
these must be brought il'lto conformance if.
t+t
The applical'lt is makil'lg al'l~ alteratiol'l er eI'Ial'lf e3 or deil'lg al'l~ ..or\<, other Ü'lal'l
l'Iormal mail'ltel'lal'lce or ot"er thal'l tel'lal'lt impr-o.e,mel'lts, il'l al'l~ col'lsecuti.e 12
mol'lt" period to al'l impre.emel'lt that is 1'I0l'leol'lformil'lg or "OI:.l36S, StlppO"S or is
supporied by Ü'le I'IOI'Icol'lformal'lco 8t'Ic:I the fair market .alue of t"e alteratiol'l, chal'lge
or ot"er wor\< exeeed3 50 pereel'lt of the assessed ðI appraised .altle of that
impro.emerlt. "Fi'Ie applieant ~ pro. ide an appraisal of the impre'w'emel'lt wtlich "as
beel'l damaged. The appraisal mtlst be from a sotlree Ü'lat is acceptable to the cit).
T"e commul'li~ cle.elopmel'lt director m~ require Ü'le appliall'lt to pre. ide al'l
appraisal from a sotlree acceptable to t"e cit¡ if the assessed .aluatiel'l al'I'ear3 to
be il'lapptopriete. If an appraisal is pro.ided by the applical'lt or required b~ the cit),
t"e larger of the two amoul'lts 3"all be tlsed,
Ordinance No. 97-307, Page 27
t2t
(3)
The tlse on the stlbject propert¡ is ch8naed and this chapter establishes more
stringent or diffet ent standards or re~tlirements for the nonconforming aspect of the
ne.. LIse than this ehapter est8bli3hes for the former tIes; or
The stlbject propert) "es been abandoned for 90 or more conseet.lti.e days or-the
tlS8 COIlClueted on the Stlbjoct 1'1 opert) I'I8s ceased for 180 ðI more conseCtlti. e da~ s.
(Ord. No. 90""3, § 2(105.35),22790, Ord. No. 91 113, § 4(105.a5), 12301, Orc!. No. 92 135,
§ 3(165.35), 4 21 92, Orc!. Uo. ~ 144, § 3(165.35), 6-16 ~)
Sec. 22 338. Additional pro.lsion if a quasi judicial decision is required. Nonconforming
In addition to an)' other I'ro.isiens of this article, if a de.elopment aeti.it) or tlse on the
subject I'1'OI'el'l) is being decided LlI'°n using either proeess I, II or III, the eil)' shall, in sLlen
I'rooe3s, consider the degree of nonconformance and its relationship tð the preposed tlSS or
de.elol'ment acti.it), and the eit) m8)' re~uire that the al'pliccnt correct an)' nonconformance that
exists on the stlbject prepeFt~.
(Ord. No. 00""3, § 2(1C5.40), 2 27 90, Ord. No. 91 113, § 4(165.40), 12~ 91, Orc!. No. 92 135,
§ 3(165.40), 4 21 92, Ord. t~o. 02 144, § 3(165.40}, 6 16 92)
Sec. 22-33.119. Special provisions for residential uses.
If the subject property contains a residential use that became nonconforming as to use or
density as a result of the adoption of this chapter, that noneonforming tlS8 or densil)' is exempt from
the pre.ision3 of sections 22327 ttlreUS" 22 338 and, instead, the following regulations apply:
(1 )
(2)
If the improvements on the subject property are damaged or destroyed by any
sudden cause, the structure may be rebuilt; provided that the number of dwelling
units and the gross floor area in and on the subject property may not be increased
from that which existed immediately prior to the damage or destruction and any other
nonconformity of or on the subject property may not in any way be increased. The
provisions of this subsection (1) are only available if the applicant applies for a
building permit within 12 months after the sudden damage or destruction and
construction is commenced and completed under that building permit.
Other than as specified in subsection (1) of this section, the nonconforming use or
density must be corrected if the applicant is making changes, alterations or doing
other work, other than normal maintenance, in any 12-month period to any structure
on the subject property and fair market value of these changes, alterations or other
work exceeds 50 percent of the assessed or appraised value of that structure. The
applicant may provide an appraisal of the improvement which has been damaged.
The appraisal must be from a source that is acceptable to the city. The community
development director may require the applicant to provide an appraisal from a source
acceptable to the city if the assessed valuation appears to be inappropriate. If an
Ordinance No. 97-307, Page 28
appraisal is provided by the applicant or required by the city, the larger of the two
amounts shall be used.
{3}
Fhe entire BtJbjed properly 1783 been abe.1doned for 99 ðl more oonBeetifi\e d8)s Of
aft tiSa l:Ofldl:JCwd on the sttb;eet p,opcrt) has ceased fo, 166 0. mo,e l:Oflsecuti\e
d8ys-.
(Ord. No. 90-43, § 2(165.45),2-27-90; Ord. No. 91-113, § 4(165.45), 12-3-91; Ord. No. 92-135,
§ 3(165.45),4-21-92; Ord. No. 92-144, § 3(165.45), 6-16-92)
Cross reference(s)-District regulations, § 22-571 et seq.
Sec. 22-33.8.9.1. Nonconfonning accessory dwelling units.
(a) Eligibility. Any nonconforming accessory dwelling unit CADU") located within the city
limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the
city thereafter, which does not conform to Sections 22-613,22-648, 22-965 or any other provisions
of this Code, is eligible for designation as a legal nonconforming ADU provided it meets the
following requirements:
(1 )
(2)
The ADU was covered by a permit on the date of adoption of this Code, if one was
required under applicable law, or
If no permit was required under applicable law, the ADU was in compliance with
applicable law on the date of adoption of this Code.
(b) Allowed. All legal nonconforming ADUs are allowed subject to the provisions related to
loss of nonconforming status and other limitations set forth in this chapter.
(c) Loss of legal nonconforming ADU status. All nonconforming ADUs shall be immediately
removed or modified to conform to all of the provisions of this Code and a permit secured therefor,
and shall lose their legal nonconforming designation when one or more of the following events
occur:
(1 )
(2)
(3)
Increase in square footage. The applicant is increasing the gross floor area of any
ADU;
Other aIteraoons. The applicant is making any change, alteration or performing work
other than normal maintenance or other than tenant improvements, in any 12-month
period to any ADU and the fair market value of such changes, alterations or other
work exceeds 50 percent of the assessed value of that ADU as determined by the
King County Assessor,
Abandonment or cessation of occupancy. The subject property containing the ADU
is abandoned for 90 or more consecutive days or the ADU is not occupied for 180
consecutive days; or
Ordinance No. 97-307, Page 29
(4)
Change in use. There has been a change in use on the subject property as that term
is defined by Section 22-1 of this Code.
(Ord. No. 95-245, § 3(E), 12-5-95)
Editor's note-Provisions enacted by § 3(E) of Ord. No. 95-245, adopted Dec. 5, 1995, as
§ 22-339, have been included herein at the discretion of the editor as § 22-339.1.
Sec. 22-33i4Ø. Special provisions for compliance with government regulations.
The provisions of this section will be followed regardless of any conflicting regulations of this
article. Any regulations of this article which do not conflict with the provisions of this section are
unaffected by this section.
(1 )
Oil tanks. My excavation, development activity or construction performed to comply
with the "Underground Storage Tanks; Technical Requirements and State Program
Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter
amended or with the provisions of RCW ch. 90.76, or any regulations adopted
thereunder, may not be used as the basis, or part of the basis, for requiring that
nonconformance on the subject property be corrected.
(2)
Other government regulations. Other than as specified in subsection (1) of this
section, the city may, using process" ß[, exempt a property or use from any of the
requirements of this article if:
a.
The actions or events which form the basis of requiring that nonconformance
on the subject property be corrected are necessitated solely to comply with
local, state or federal regulation;
b.
The actions necessitated to comply with those regulations will not significantly
extend the expected useful life of the nonconforming aspect; and
c.
The public benefit of complying with the local, state or federal regulation
clearly outweighs the public benefit in correcting the nonconformance.
(Ord. No. 90-43, § 2(165.50),2-27-90; Ord. No. 91-113, § 4(165.50), 12-3-91; Ord. No. 92-135,
§ 3(165.50), 4-21-92; Ord. No. 92-144, § 3(165.50),6-16-92)
Sec. 22-34,01-. Prohibition on Increasing nonconformance.
No nonconformance may. in any way. be enlarged, expanded. increased. intensified,
compounded or in any other way made greater, except as specifically permitted in this article.
(Ord. No. 90-43. § 2(165.55),2-27-90; Ord. No. 91-113, § 4(165.55), 12-3-91; Ord. No. 92-135,
§ 3(165.55),4-21-92; Ord. No. 92-144, § 3(165.55),6-16-92)
Ordinance No. 97-307, Page 30
Sec. 22-341~. Applicability of unlfonn codes.
Nothing in this article in any way supersedes or relieves the applicant from compliance with
the requirements of the city's building codes the Uniform Building Code the Uniform Fire Code
and other construction-related codes as adopted and amended from time to time by the city.
(Ord. No. 9043, §2(165.60), 2-27-90; Ord. No. 91-113, §4(165.60), 12-3-91; Ord. No. 92-135,
§ 3(165.60), 4-21-92; Ord. No. 92-144, § 3(165.60), 6-16-92)
Cross reference(s)-Buildings and building regulations, ch. 5.
Sec. 22-3423. Special provision for damaged improvements.
If a nonconforming improvement is damaged by sudden accidental cause, that improvement
may be reconstructed only if it meets the following requirements and not otherwise:
(1 )
(2)
(3)
The cost of reconstructing the damaged improvement does not exceed 75 percent
of the assessed or appraised value of that improvement prior to the damage. The
applicant may provide an appraisal of the improvement which has been damaged.
The appraisal must be from a source that is acceptable to the city. The community
development director may require the applicant to provide an appraisal form a source
acceptable to the city if the assessed valuation appears to be inappropriate. If an
appraisal is provided by the applicant or required by the city, the larger of the two
amounts shall be used.
The improvement, as reconstructed, is not any more nonconforming than it was
immediately prior to the damage.
The applicant applies for a building permit to reconstruct the damaged improvement
within six months of the date of the damage and reconstructs the improvement
pursuant to that building permit.
(Ord. No. 90-43, § 2(165.30),2-27-90; Ord. No. 91-113, § 4(165.30), 12-3-91; Ord. No. 92-135,
§ 3(165.30), 4-21-92; Ord. No. 92-144, § 3(165.30), 6-16-92).
Sec. 22-343. Appeals.
Notwithstandina anv other provision in this chapter a decision of the Director or the Hearina
Examiner with respect to the aoolication of any provision of this Article shall be appealable as part
of and under the orocess applicable to anv appeal of a decision of the Director or the Hearing
Examiner on the underlying aoplication or proiect for which City approval is souaht
(Ord No 93-43 Section 2 (175 10m) 2-27-90' Om No 97-291 See 22-368 4-01-97)
Cross-reference: See 22-368 (concerning appeal of Process II decision)' See 22-400
(concerning scope of appeal of Process IllliIpproval1
Ordinance No. 97-307, Page 31
Ordinance No. 97-307, Page 32
ATTACHMENTC
OTHER FEDERAL WAY CITY CODE SECTIONS
Ordinance No. 97-307, Page 33
Sec. 16-46. Underground requirements-New facilities.
(a) All major additions of new facilities (three or more spans and/or 500 feet or more) shall
be underground.
(b) Minor additions of new facilities may be constructed aerially where existing facilities are
aerial.
(c) A permit from the city public works department shall be required.
(Ord. No. 91-90, § 3(A), 3-19-91)
Sec. 16-47. Same-Rebuilds, replacements and additions.
(a) A relocation necessitated by a public works project including, but not limited to, road
realignment, widening or sewer and water main projects; a major rebuild; or replacement of existing
aerial facilities (three or more spans and/or 500 feet or more) shall be underground and a permit
from the city public works department shall be required; except: undergrounding shall not be
required in those cases where the public works director finds that undergrounding will not be in the
best interest of the public.
(b) A minor rebuild, replacement or relocation of existing aerial facilities may be constructed
aerially. No permit shall be required.
(c) When there is casualty damage to an overhead service system or other major service
outage, the facilities may be restored aerially. No permit shall be required.
(d) An addition of three phase conductors or reconductoring which does not constitute a
major rebuilding will be allowed on existing aerial facilities. No permit shall be required.
(e) The provisions of this section shall not apply to-8re8s when constructing sinale familv
homes in areas zoned for single-family residences, or in other zones if 75 percent of the affected
parcels within the perimeters of the specific project is made up of single-family residences.
(Ord. No. 91-90, §3(B), 3-19-91)
Sec. 16-48. Same-Service connections.
Service connections are facilities extending from a distribution system and terminating on
private property to serve a customer or subscriber. Service connections shall be underground,
unless the distribution system serving the customer or subscriber is aerial, and the building,
structure or facility to be served is new construction or an addition, alteration, or repair thereto is
under $20,000.00 in value.
Ordinance No. 97-307, Page 34
Sec. 22-1113. Commercial and Industrial uses.
(a) Generally. Subject to the requirements of subsections (b) through (g) of this section, the
uses and activities that are permitted on a site under this chapter may be conducted out of doors
unless otherwise regulated or prohibited by this chapter.
(b) Site plan. The applicant shall submit, for approval to the department of community
development, a site plan drawn to scale showing and describing the following items:
(1 )
(2)
(3)
(4)
(5)
(6)
,
Locations and dimensions of all structures and fences on the subject property.
Locations and dimensions of all parking and driving areas on the subject property.
Locations and dimensions of all existing and proposed outdoor use, activity or
storage areas on the subject property.
Locations and description of all existing landscaping and buffer on the subject
property.
The nature of the outdoor use, activity or storage.
The intended duration of the outdoor use, activity or storage.
(c) Specific use and development requirements. The city will administratively review and
either approve or deny any application for outdoor use, activity and storage based on the following
standards:
(1 )
(2)
(3)
(4)
(5)
All outdoor use, activity and storage areas must comply with required buffers for the
primary use.
A minimum six-foot-high solid screening fence or other appropriate screening
approved by the director of community development is required around the outside
edges of the area devoted to the outdoor use, activity or storage.
Outdoor use, activity or storage areas located adjoining residential zones or
permitted residential uses may not be located in the required yards adjoining the
residential use or zone.
If the outdoor storage area is surrounded on all sides by industrial zones, then the
height of the outdoor storage shall not exceed the height of the primary structure on
the subject property. In all other cases, the height of items stored outdoors shall not
exceed six feet above finished grade.
The outdoor use, activity or storage area may not inhibit safe vehicular and
pedestrian movement to, from and on the subject property.
Ordinance No. 97-307, Page 35
(d) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities,
when located in commercial and industrial zones, are exempt from the requirement of subsections
(b) and (c) of this section, provided that the use, activity or storage shall not inhibit safe vehicular
and pedestrian movement to, from and on the subject property:
(1 )
(2)
(3)
(4)
(5)
Outdoor Christmas tree lots if these uses will not operate more than 30 days in any
year.
Outdoor amusement rides, carnivals and circuses and parking lot sales which are
accessory to the indoor sale of the same goods and services if these uses will not
operate more than seven days in any six-month period.
Outdoor dining and refreshment areas, including espresso carts.
Outdoor display of vehicles for sale or lease; provided that the display area complies
with the parking area screening from rights-of-way requirements in section 22-
1567(e).
Year round outdoor sales and storage of lawn and garden stock, which are
accessory to the indoor sale of the sale goods and services, provided that the use
does not include outdoor play equipment, storage sheds, furniture or mechanical
equipment.
(e) Gross ffoorarea. For the purpose of this chapter, an outdoor use, activity or storage area
will be used in calculating the gross floor area of a use or development if this area will be used for
outdoor use, activity or storage for at least two consecutive months out of every year.
(1) Improvements. If the outdoor use, activity or storage is located on an unimproved area
of the site, the underlying ground must be improved as required by the departments of public works
and community development.
(g) Modificaüon. The applicant may request a modification of the requirements of subsection
(c) of this section. This request will be reviewed and decided upon under process II. The city may
approve the modification if:
(1 )
(2)
(3)
The modification will not create a greater impact on any nearby residential use than
would be created without the modification.
The modification will not detract from the character of any use.
The modification will not be injurious to public health, safety or welfare.
(Ord. No. 9043, § 2(115.105(3», 2-27-90; Ord. No. 96-270, § 3(C), 7-2-96)
Ordinance No. 97-307, Page 36
Sec. 22 1402. Buffa, requirements.
The buffer reqtliremems of section 22 1440 m~ be ",odified if.
(1)
The existing topoc raph:r of or adjacent to the stlbject pl'Opel1) deC! eases or
eliminates the need for .i3t1alsCl88ning,
(2)
The modificetion ..iII be of more benefit te tfole adjoil'linc prepel1) ~ catisil'lC les8
impejrmel'lt of .jew or stll'lli¡:¡ht, Ot
(3)
The modification will pre.ide a .istlal !lei eel'l thet is comperable or superior to the
bllffer required b:r section 22 1440.
k:\ordinlnconfuse.or2
Ordinance No. 97-307, Page 37