Ord 02-420
ORDINANCE NO. 02-420
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL
WAY CITY CODE TO ADDRESS NONCONFORMING SINGLE F AMIL Y
RESIDENTIAL STRUCTURES
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996, which
significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning).
WHEREAS, the City of Federal Way finds that the amendment to FWCC, Chapter 22 (Zoning),
to allow the expansion of a non-conforming single family residential structure located in a zoning district
which allows single family residential uses, so long as the extent of the existing nonconformity is in no
way expanded, will provide for improved review processes.
WHEREAS, the City of Federal Way finds that the code amendment to allow the expansion of a non-
conforming single family residential structure located in a zoning district which allows single family
residential uses will implement and is consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City's SErA Responsible Official adopted the Determination ofNonsignificance
issued on August I J, 200 J for the code amendment to allow the expansion of a non-conforming single family
residential structure located in a zoning district which allows single family residential uses, on or about
March 26, 2002; and
WHEREAS, no comments or appeals were received prior to the established SEP A deadlines of
August 27,2001, and September] 0,2001, respectively, and the initial Determination ofNonsignificance
became final without modification; and
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WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendment relating to the expansion of a non-confonning single family residential structure located in a
zoning district which allows single family residential uses on May 15, 2002, and forwarded a
recommendation of approval to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council
considered the code amendment to allow the expansion of a non-conforming single family residential
structure located in a zoning district which allows single family residential uses, on June 3, 2002,
following which it recommended adoption of the text amendment.
WHEREAS, the City Council finds that the code amendment to allow the expansion of a non-
conforming single family residential structure located in a zoning district which allows single family
residential uses is consistent with the intent and purpose ofFWCC, Chapter 22 (Zoning) to provide for
and promote the health, safety, and welfare ofthe general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendment will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposal:
I. The proposed FWCC text amendment is consistent with, and substantially implements, the
following Comprehensive Plan goals and policies:
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Preserve and protect Federal Way's single family neighborhoods.
HGI
Preserve and protect the quality of existing residential neighborhoods and
require new development to be of a scale and design that is compatible
with existing neighborhood character.
2.
The proposed amendment bears a substantial relationship to public health, safety, or welfare
because it facilitates the renovation of existing nonconforming single family residential
structures, so long as the existing nonconformity is in no way expanded or enlarged;
and
3.
The proposed amendment is in the best interest ofthe residents of the city because it affords
owners of single family residential structures the flexibility to renovate and modernize existing
nonconforming structures in a manner which will not increase or expand the extent of the
existing nonconformity.
Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit C-l.
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 any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date ofthis
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
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PASSED by the City Council of the City of Federal Way at a regular meeting of the City
Council on th~ day of ~~ ' 2002.
ApPROVED:
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... "J~R"m='
L
ApPROVED AS TO FORM:
~~.~
CITY ATTORNEY, BOB STERBANK
FILED WITH THE CITY CLERK: 06/11/02
PASSED BY THE CITY COUNCIL: 07/02/02
PUBLISHED:
07/06/02
07/11/02
EFFECTIVE DATE:
ORDINANCE No.:
02-420
ORD # 02-420
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Exhibit C-l
22-334 Nonconforming development.
If any aspect, structure, improvement or development does not conform to the deyelopment
regulations preseribed in this chapter, that aspect, strueture, improvement or development
must be brought into eonformance or otherwise improved as set forth below.
(1) Change of use - Single-tenant site. If any applicant proposes a change of use on property
used or occupied by a single tenant or use, the applicant shall meet those proYisions
determined by the direetor to be reasonably related and applicable to the change of use. These
proyisions shall apply to the entire site.
(2) Change of use - Multi-tenant site. If an applieant proposes a change of use on only a
portion of property occupied by multiple tenants or uses, the applieant shall meet those
provisions determined by the director to be reasonably related and applicable to the change of
use. These provisions shall apply only to that geographic portion of the site related to the use
or tenant space on which the change is proposed.
(3) Increase in gross floor area. If an applicant proposes to inerease the gross floor area of
any use on the subject property in anyone of the following ways, the applicant shall comply
with the development regulations in effeet at the time of the proposal, as specified below:
a. If expansion of gross floor area of an existing building occurs either through
addition of new floors within the strueture or enlargement of the existing building footprint,
the applicant shall comply with all development regulations in effect at the time the expansion
is proposed. If the property on which the expansion is proposed is occupied by multiple
tenants or uses, the applieant shall comply with those development regulations applicable to
the geographie portion of the site on whieh the expansion is proposed; or
b. If a new and separate strueture is being constructed on an already developed site,
the applicant shall comply with all development regulations applieable to the geographic
portion of the site on which the new structure and any related improvements are to be
constructed~
c. If the increase in gross floor area involves an existing single family residential
dwelling. the applieant shall eomDly with the development regulations in effect at the time of
the DroDosai. For singIe'family residences. existing nonconformities may remain and eontinue
so long as the existing nonconformities are not being inereased or expanded in anv way. New
construetion or renoyation which involyes the inerease in gross floor area of a nonconforming
ORD # 07-470 . PAGE 5
sineJe familv structure is subieet to all aPDlicable reQuirements of the Federal Wav City Code
including but not limited to Dfoyisions related to EnyironmentaIlv Sensitive Areas (FWCC Art.
XIV) Off-street Parking (FWCC Art. XV)' Improvements (FWCC Art. XVI) and
Landseapinl! (FWCC Art. XVII).
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