05-17-2023 Planning Commission Agenda PacketPLANNING COMMISSION
REGULAR MEETING AGENDA
City Hall – Council Chambers
May 17, 2023 – 5:00 p.m.
1.CALL MEETING TO ORDER
2.ROLL CALL
3.APPROVAL OF MINUTES
Planning Commission Meeting of May 3, 2023
4.PUBLIC COMMENT
5.COMMISSION BUSINESS
a.Memorandum- Open Space Code Amendments Briefing Part 2
b.Public Hearing- ADU Proposed Code Amendments
6.STAFF BUSINESS
Manager’s Report
7.NEXT MEETING
June 7, 2023 5:00 p.m. – Regular Meeting
8.ADJOURNMENT
Planning Commission meetings are held in-person.
To request accommodation to attend or to provide public comment virtually, please contact Samantha Homan at
253-835-2601 or samantha.homan@cityoffederalway.com , no later than 5:00 p.m. on Tuesday, May 16, 2023.
Commissioners City Staff
Lawson Bronson, Chair Keith Niven, Community Development Director
Vickie Chynoweth, Vice Chair Samantha Homan, Office Manager
Diana Noble-Gulliford www.cityoffederalway.com
Tom Medhurst
Tim O’Neil
Anna Patrick
Jae So
Sanyu Tushabe, Alternate
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PLANNING COMMISSION MINUTES
City Hall – Council Chambers
May 3, 2023 – 5:00 p.m.
1.CALL MEETING TO ORDER
Chair Bronson called the meeting to order at 5:00pm
2.ROLL CALL
Commissioners: Diana Noble-Gulliford, Anna Patrick, Tim O’Neil, Lawson Bronson, Jae So, Tom
Medhurst, Vickie Chynoweth, Sanyu Tushabe (alternate)
City Staff Present: Community Development Director Keith Niven, City Attorney Kent van Alstyne,
Senior Planner Evan Lewis, Senior Planner Chaney Skadsen, Office Manager Samantha Homan
3.APPROVAL OF MINUTES
Commissioner O’Neil moved the April 5, 2023 minutes be approved as presented
Second by Commissioner So; Motion passed 7-0.
4.PUBLIC COMMENT (Non-Hearing)
No public comment
5.COMMISSION BUSINESS
a.Memorandum- Residential Open Space Codes Updates Briefing
Presented by Evan Lewis, Senior Planner
Evan presented a PowerPoint on proposed residential open space code updates focusing on Title 18
subdivisions code and Title 19 Zoning code. Potential updates include definition updates of current
definitions that create ambiguities in current code, changing method of calculation open space for
subdivisions, revising some fee in lieu of open space processes, improving consistencies of open
space requirements among multifamily uses, and expanding a 50% fee in lieu of common open
space options to BC zone. Next steps include SEPA determination on 5/12/2023 with second
briefing planned for next planning commission, 5/17/23 with potential for a third briefing if
necessary.
b.Memorandum- HAP Strategy #2 (Accessory Dwelling Unit)
Presented by Chaney Skadsen, Senior Planner
Chaney presented a PowerPoint on proposed ADU code amendments ahead of the 5/17 public
hearing. Focusing on maximum size for an attached ADU and additional driveway width. Proposed
changes included expediting permitting process by exempting ADU from land use reviews,
reducing costs for ADU productions by exempting ADUs from school impact fees and ADU
permit review fees, allowing ADUs in cluster subdivisions in single family zones, amending
definition of accessory to clarify that ADUs can be taller that primary dwelling unit, increasing
area for applicants to meeting parking requirements for ADUs, exempt legally nonconforming lots
from meeting minimum lot size and increasing maximum size, allowing home occupations in
ADUs, and removing own occupancy requirements.
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6.STAFF BUSINESS
Manager’s Report
Director Keith Niven announced the hire of new Planning Manager, scheduled to start June 1, 2023,
with the potential for all planning seats to be filled by July 2023.
TC3 updates: Director Keith Niven announced city has executed award letter with OneTrent. City is
working with Columbia Hospitality to determine need for new hotel in the city.
Director Keith Niven announced Mayor Ferrell is putting together a group to meet over the next few
months and provide recommendation to council regarding potentially moving City Hall to downtown.
7.NEXT MEETING
May 17, 2023 5:00 p.m. – Regular Meeting
8.ADJOURNMENT
Commissioner O’Neil moved that the meeting be adjourned;
Second by Commissioner So. Motion passed 7-0.
Meeting adjourned at 7:38 pm
ATTEST: APPROVED BY COMMISSION:
_______________________________________ _____________
SAMANTHA HOMAN, OFFICE MANAGER DATE
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M E M O R A N D U M
DATE: May 17, 2023
TO: Federal Way Planning Commission
FROM: Evan Lewis, Senior Planner; evan.lewis@cityoffederalway.com; 253-835-2646
SUBJECT: Residential Open Space Code Updates Briefing – Part 2
Objective:
This is the 2nd Planning Commission briefing on proposed residential open space code updates to Federal Way
Revised Code (FWRC) Titles 18 and 19. Residential code updates are intended to:
1)Improve the consistency of open space definitions and requirements between housing types and
zones;
2)Clarify aspects of Federal Way’s residential open space requirements that create ambiguity and
confusion;
3)Implement Housing Action Plan (HAPI) recommendations related to residential open space; and
4)Update the method for calculating open space for subdivisions which would provide a consistent
open space calculation method between single family and multifamily.
This briefing is intended to share and discuss a portion of the more significant proposed code updates. Updates
that affect the amount of required residential open space are left out of this briefing as they’ll be discussed in
more depth at the June 7, 2023 Planning Commission meeting.
Partial Code Updates
1)Expand and clarify the definition of ‘usable’ open space within FWRC 19.05: ‘Usable’ open space is
required for both single-family and multifamily residential development but currently lacks a clear or
consistent code definition. FWRC also doesn’t provide a way for passive open space amenities to count as
‘usable’ open space and isn’t specific on what amenities may count as usable open space. Below is a
suggested list of passive vs. active ‘usable’ open space amenities. This initial list was developed by
Federal Way planners:
Active Usable Open Space (proposed list) Passive Usable Open Space (proposed list)
Paved trails Unpaved trails
Hard-surface sports courts Boardwalks
Swimming pools Animal grazing areas
Splash parks Benches
Skate parks Picnic tables
Courtyards and similar gathering spaces for activities Wildlife viewing areas
Sports fields (marked) Rooftop terraces that are usable and
accessible to all residents in a development
Open lawns (unmarked) that are open and unobstructed
by trees, large rocks, walls, steep slopes, standing water,
pavement or other potential obstructions that restrict the
Bus waiting areas
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
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Active Usable Open Space (proposed list) Passive Usable Open Space (proposed list)
ability to move easily and spontaneously around open
space areas for the purpose of active recreation.
Playground equipment Dog parks
Shelters Plazas
Community gardens
Dog parks
The definitional code update would also:
a)Provide a way for applicants to propose additional amenities that can be considered by the
Community Development Director as ‘active’ or ‘passive’ recreation.
b)Clarify the area of and around the open space amenities that can count as ‘active’ vs. ‘passive’
open space.
c)Clarify other, existing open space definitions where needed.
2)Exempt smaller subdivisions from providing open space within FWRC 18.55:
Proposed code update: Exempt residential subdivisions of 5 or fewer lots from open space requirements.
FWRC currently requires that all residential subdivisions be subject to open space requirements. Staff
cannot find an example of other cities that require usable open space for all subdivisions regardless of the
number of lots. Also, maintenance of small pockets of open space can become difficult when that open
space is commonly owned and maintained by a small number of property owners.
3)Update open space calculation method for single-family subdivisions within FWRC 18.55:
Proposed code update: Update the method of calculating residential open space from a percent of the gross
land area basis to a square feet per unit basis for single-family subdivisions.
This update will make the method of calculating required open space consistent between single family and
multifamily.
4)Update fee in lieu of open space processes for subdivisions within FWRC 18.55.060:
Proposed code update: The method of calculating fees in lieu of open space for single family subdivisions
will be updated consistent with the updated method for calculating required open space.
The current fee in lieu calculation method for single-family subdivisions is based on 15% of the most
recent assessed value of the site. That calculation method will become incorrect once the method for
calculating the single family open space requirement changes; it is also inconsistent with the fee in lieu of
open space requirement for all other uses that require open space. Single family fee in lieu language will
be better aligned with FWRC 19.115.115(4) which currently states:
“The fee in lieu of open space shall be calculated based on the most recent assessed value of the
subject property, or an appraisal conducted by a state-certified real estate appraiser. If the applicant
offers to pay fee in lieu of open space, and if the city accepts the offer, the amount shall be determined
based upon the square footage of open space that otherwise would have been required to be provided,
multiplied by the then-current market value per square foot of the property.”
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5)Expand multifamily fee in lieu of open space option in FWRC 19.115.115:
Proposed code update: Expand the option to pay a fee in lieu of open space, to satisfy up to 50% of the
open space requirement, to the Community Business (BC) zone for multifamily uses.
The housing action plan implementation recommendations include an expansion of the option to pay a fee
in lieu of open space to more zones. Currently this option is only available for senior and special needs
housing in RS, RM, BN, BC, CC-C & CC-F zones, and stacked multifamily and permanent supportive
housing in CC-C & CC-F zones.
6)Remove option for landscape tracts to count toward open space requirement:
Proposed code update: Remove options for landscaping tracts to be credited toward open space
requirements as currently specified in FWRC 19.125.060 and in several zoning use charts.
FWRC currently allows landscaping tracts to be credited toward common open space requirements for
several uses. Since common open space is used interchangeably with usable open space in the context of
multifamily housing, landscaping areas shouldn’t count toward usable open space. Most landscaping areas
are constrained with trees, shrubbery and other groundcover, and irrigation systems and are not practically
usable.
Q&A from May 3, 2023 Planning Commission Meeting
The following requests for follow-up were made during the 5/3/23 Planning Commission meeting:
1.What was the intent behind Federal Way’s existing multifamily open space amounts?
a.Staff response: Below is one example found so-far for stacked multifamily which currently
requires either 100, 150, or 400 sq. ft. of open space per unit depending on the zone:
i.The required 400 sq. ft./unit in the RM zone was set in the City’s initial 1990 zoning
ordinance (ord 90.043; see pg. 66 of PDF). The intent behind that specific amount is
unknown.
ii.The required 150 sq. ft/unit in the BN zone came from the 2017 ord. 17-834 (see pg. 26
of PDF) which amended several design requirements for multifamily uses among
several zones. The intent behind that specific amount is unknown.
iii.The required 150 sq. ft/unit in the BC zone came from the 2010 ord. 10-678 (see pg. 6
of the PDF) which reduced the BC open space down from 300 sq. ft. Per the ordinance,
the intent was to encourage development on vacant or redevelopable land (presumably
for this specific zone); it’s otherwise unclear why 150 sq. ft/unit was specifically
selected.
iv.The required 100 sq. ft/unit in the CC-C and CC-F zones came from the 2012 ord. 12-
727 (see pg. 5 of the PDF) which aimed to reduce open space requirements in those
zones to be “more in line with urban, mixed use development to encourage the type of
development envisioned for the city center” and since (at that time) “recent proposals
for multi-unit, mixed use development”…“had difficulty” meeting open space
requirements.
For the stacked multifamily example above, for the two ordinances where the intent behind the
open space changes were clear, the reduced open space amounts appear meant to (at that time)
encourage multifamily housing in the BC, CC-C and CC-F zones. The reason behind the
specific quantity is unclear, other than being a 50% reduction from the totals that were
previously set for those respective zones.
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2.Could Americans with Disability Act (ADA)-compliant amenities be specified in these
amendments?
a.Staff response: From consultation with Building Division staff, the City has adopted the
Accessible and Usable Buildings and Facilities code, ICC A117.1-2009, which does cover
playground equipment under the building code.
3.How are fee in lieu funds are used by the Parks Dept?
a.Staff response: A representative from the Parks Dept. will be at the 5/17/23 meeting to address
this.
4.What is an appropriate slope for ‘usable’ open space? Could steep slopes ever be an asset for
‘usable’ open space?
a.Staff response: A representative from the Parks Dept. will be at the 5/17/23 meeting to address
this.
5.How can we factor in behavioral health and human-centered design research into our residential
open space requirements?
a.Staff response: Staff is still looking into this question.
Next Steps
1.Planning Commission Briefing #3: 6/7/23
2.Public Hearing: 6/21/23
3.LUTC: 7/10/23
4.Council 1st Reading: 7/18/23
5.Council 2nd Reading/Adoption: 8/15/23
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DATE: May 11, 2023
TO: Planning Commission
FROM: Chaney Skadsen, Senior Planner
Keith Niven, Community Development Director
SUBJECT: HAP Strategy #4 – Proposed ADU Code Amendments
HEARING DATE: May 17, 2023
POLICY QUESTION
Should the City amend the development regulations to encourage ADU production?
ATTACHMENTS
Exhibit A – Proposed Text Amendments to Federal Way Revised Code (FWRC) Title 19, “Zoning and
Development Code” and Title 18 “Subdivisions”
BACKGROUND
ADUs are small living spaces that share a parcel with an existing or concurrently-built house (the primary
dwelling unit). ADUs come in many configurations such as; attached located in the basement, attic, garage
conversion, or detached backyard cottage or garage apartment, that are not connected to a house. ADUs
provide an accessible housing opportunity for intergenerational households, aging populations, people with
disabilities, as well as, other household forms through the unique opportunity to create an independent living
space added to an existing lot.
Accessory dwelling units are increasingly popular particularly among property owners. Frequently the
applicants for ADUs are the property owners themselves and often lack familiarity with local permitting and
are not involved in the commercial development or construction industry.
Despite the interest by property owners in ADUs, Federal Way has seen relatively few of them built.
Therefore, as the City looks to removing barriers to the development of ADUs, it should also look for
opportunities to simplify or streamline the process currently in existence in Federal Way.
HOUSING BACKGROUND
Housing choice and housing affordability continue to be one the greatest challenges facing the Puget Sound
region. Rising demand continues to outpace supply and often does not result in the typology, size, and price
desired by existing and future residents.
MEMORANDUM
Community Development Department
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In 2019, the City of Federal Way received a $100,000 grant from the Washington State Department of Commerce
to prepare a Housing Action Plan (HAP).
The goal of a HAP, as stated in RCW 36.70A.040, is:
“to encourage construction of additional affordable and market-rate housing in a greater variety of housing types
and at prices that are accessible to a greater variety of incomes, including strategies aimed at the for-profit single-
family home market.”
In October 2021, the City Council approved the City’s Housing Action Plan which provides a strategic road map
for actions to encourage housing production, greater housing diversity, and expand housing choices. The HAP
identified 4 housing objectives and 8 strategies stated below:
Housing Objectives:
1.Promote new housing development that expands housing choices and is inclusive to community needs.
2.Encourage homeownership opportunities and support equitable housing outcomes.
3.Plan for continued growth and ensure that the built environment promotes community development and
increases the quality of life for Federal Way’s existing and future residents.
4.Preserve existing affordable housing stock to prevent displacement pressure.
Housing Strategies:
1.Promote a dense, walkable, and mixed-use City Center.
2.Promote mixed-use, walkable subareas and neighborhood centers.
3.Increase diversity in housing choice through expanding “missing middle” development opportunities.
4.Encourage accessory dwelling unit (ADU) production.
5.Ensure that financial and regulatory incentives for mixed-income housing are effective.
6.Review school impact fees on multifamily housing.
7.Coordinate affordable housing development and preservation with nonprofit developers, community
groups, and the South King Housing and Homelessness Partners (SKHHP).
8.Protect tenants and support pathways to homeownership.
Implementation
- Modify zoning and development regulations to remove potential barriers to ADU production
- Streamline permitting to promote ADU production
SUMMARY OF PROPOSED CHANGES.
The City-imitated proposal is an effort to remove regulatory and financial barriers to ADU production and
streamline the permitting process. Current development regulations create hurdles for compliance and provide
limited flexibility for property owners or builders. The proposed code amendments are responsive to the existing
housing stock and development pattern in the City. A summary of the code sections is listed below.
Streamline permitting process
1. FWRC 19.15.020 Exemptions
Exempt ADUs from land use review, allowing applicants to go straight to building permit. The removal of
this step will both quicken the permitting process and lessen the expense for the property owner.
Reduce cost for ADU production
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2. FWRC 19.95.060 Exemptions and credit
Exempt ADUs from school impact fees and remove ADU land use permit review fee
Remove regulatory barriers
3. FWRC 18.55.040 Cluster Subdivisions & FWRC 19.250.170 General provisions.
Allow ADU in Cluster Subdivisions in Single Family Zones. This will expand the number of properties
that are eligible for an ADU.
4. FWRC 19.05.010 A definitions.
Amend the definition of Accessory to clarify that ADUs can be taller than the primary dwelling unit.
This becomes a barrier for single story homes where an applicant would like to build an ADU above a
garage or has such a small amount of lot size that they would like a 2-story ADU.
5. FWRC 19.05.040 D definitions
Amend the definition of “Dwelling unit, accessory dwelling unit (ADU) to allow an ADU to be a
prefabricated and manufactured structure. Staff receive a number of requests from property owners for
these types of units that are currently expressly prohibited by City code. This would allow owners to
potentially reduce costs by not having to hire an architect.
6. FWRC 9.130.240 Driveways and parking areas.
Make it easier for applicants to meet the parking requirement by adding flexibility and increasing the area
in which a car is allowed to be parked within the front yard. Where an additional parking space is
required or desired for the ADU, allowing a wider driveway would ensure the vehicle associated with the
ADU does not interfere with the parking relating to the main residence.
7. FWRC 19.195.180 ADUs in the Suburban Estates Zone FWRC 19.200.180 ADUs in Single-Family
Zones
Exempt legally nonconforming lot from meeting minimum lot size. Allow home occupations within an
ADU. Remove owner occupancy requirement. By allowing ADUs on legally nonconforming lots, it
would expand the number of properties in the City eligible for an ADU. Increase maximum size up to
1,000 or one floor area. The revision to 1,000 sf or 1 floor has been adopted by other cities.
8. FWRC 19.270.030 Home occupations
Allow home occupations within an ADU The code currently has limitations for home occupations to
ensure they do not become a nuisance for their neighbors. By allowing ADUs to also have home
occupations, it would increase their appeal to some owners.
PROCEDURAL SUMMARY
The city’s Responsible Official determined that the proposal does not have a probable significant adverse impact
on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c).
This decision was made after review of a completed environmental checklist and other information on file with
the city.
On March 24, 2023, the city issued a Determination of Nonsignificance. No comments were received during the
comment period and no appeals were filed by the appeal deadline on April 28, 2023.
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Public notice of the Planning Commission hearing was published in the Federal Way Mirror and
posted on the city designated bulletin boards April 28, 2023. This staff report was issued on
May 11, 2023, and emailed to members of the Planning Commission and department
stakeholders.
BASIS FOR PLANNING COMMISSION ACTION
FWRC Title 19, " Zoning and Development Code," Chapter 19. 80, " Process VI Review," establishes
a process and criteria for development regulation amendments. Consistent with Process VI review,
the role of the Planning Commission is as follows:
1. To review and evaluate the proposed development regulation amendments.
2. To determine whether the proposed development regulation amendment meets the criteria provided by
FWRC 19. 80. 130, Development regulation amendment criteria below.
3. To forward a recommendation to Council Committee regarding adoption of the proposed development
regulation amendment.
DECISIONAL CRITERIA
FWRC 19. 80. 130 provides criteria for development regulation amendments. The following section analyzes the
compliance of the proposed amendments with the criteria provided by FWRC 19.80.130.
The city may amend the text of the FWRC only, if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan;
Staff Response — The proposed code amendment is consistent with the following goals and policies:
HG3 Develop a zoning code that provides flexibility to produce innovative housing
solutions, does not burden the cost of housing development and maintenance,
and diversifies the range of housing types available in the City.
HG4 Proactively plan for and respond to trends in housing demand.
HG7 Develop a range of housing opportunities that meet the requirements of people
with special housing needs, including the elderly, mentally ill, victims of
domestic abuse, and persons with physical and/or developmental disabilities.
HP3 Continue to allow accessory housing units within single-family neighborhoods in
a way that protects residential character, maintains specific design standards, and
complies with all applicable laws. Review accessory housing regulations and, if
necessary, revise any regulation that inappropriately limits their development.
HP9 Continue to provide streamlined permitting processes for development that is
consistent with the FWCP and FWRC, and that has minimum adverse impacts
HP14 Review zoning, subdivision, and development regulations to ensure that they
further housing policies, facilitate infill development and don’t create unintended
barriers.
HP20 Periodically review and update development regulations to incorporate
opportunities for new housing types.
2. The proposed amendment bears a substantial relation to public health, safety, or welfare;
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Staff Response — The propose code amendments bear a substantial relationship to public welfare as it
provides relief for regulatory barriers that impact the feasibility of ADUs in the city.
3. The proposed amendment is in the best interest of the residents of the city.
Staff Response — The propose code amendments are in the best interest of the city as it streamlines
permitting processes, reduces costs, and provides flexibility in the code.
PLANNING COMMISSION BRIEFING FOLLOW-UP
Home Occupations
Currently, home occupations are prohibited to be located within an accessory dwelling unit. Allowing a home
occupation to be located within an ADU is included in the proposed code revisions. The review criteria and
requirements for home occupations are not proposed to change. Home occupations within the primary dwelling unit
and ADU will be held to the same standards.
Per FWRC 19.05.080 “Home occupation” means 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.
Pursuant to FWRC 19.270.030, the current code permits a home occupation if it meets all of the following
requirements:
(a) The dwelling unit in which the business is located must be the primary residence of the business owner.
(b) The business must be carried on by a family member(s) who resides in the dwelling unit.
(c) The use must have no outside storage, exterior indication, or outside activity.
(d) The use must not involve those heavy equipment, power tools, or power sources which are not common
to a residential use.
(e) The use must not involve any pickups or deliveries by commercial vehicles over 26,000 pounds gross
vehicle weight rating (GVWR) as defined in RCW 46.25.010.
(f) The use must not include more than four persons per day coming to the subject property for goods or
services.
(g) The use must not create any noise, dust, glare, vibration, odor, smoke, or other impact adverse to a
residential area.
A home occupation which does not meet the requirements above shall apply for a process III, and is subject to the
criteria below:
(a) It will not harm the character of the surrounding neighborhood;
(b) It will not include outdoor storage or operation of machinery, commercial vehicles, building materials,
or tools which will be visible or audible from or have an effect on other properties; and
(c) It does not create a condition which injures or endangers the comfort, repose, health, or safety of
persons.
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Driveway Expansion
At the May 3rd ADU briefing, the Planning Commission discussed the advantages and disadvantages to allowing a
lot with an ADU to have a wider driveway to accommodate required on-site parking. A concern was raised regarding
the amount of hardscape within the front yard this code provision would permit. Adding a landscaping requirement
for wider driveways within the front yard was discussed as a possible mitigation approach but is not included in the
proposed code amendments.
PROPOSED SCHEDULE
5/17 Planning Commission Public Hearing
6/5 LUTC Presentation
6/20 City Council
7/5 City Council
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18.55.040 Cluster Subdivisions.
(1)Purpose. The term “cluster subdivision” applies to both long and short subdivisions. The purpose of cluster
subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and innovation consistent
with the site and the comprehensive plan; promote compatibility with housing on adjacent properties through lot
size and design; promote affordable housing; promote reduction of impervious surface; promote usable open space;
and promote the retention of native vegetation.
(2)Standards.
(a) The gross land area available for cluster subdivisions must be a minimum of two acres.
(b) Lots created in a cluster subdivision may be reduced in size below the minimum required in FWRC
Title 19, up to one-half of the size of the underlying zoning requirement, but in no case smaller than 5,000
square feet, per lot; provided, that minimum setback requirements are met. This provision cannot be used
together with FWRC 19.110.010(4)(a) (affordable housing bonus).
(c) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the proposed
development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning
minimum lot size minus 10 percent, whichever is smaller.
(d)Refer to FWRC 19.120.110 for additional development standards for sites with slopes of 15 percent or
greater.
(e)Open space.
(i)Open space created through cluster subdivisions shall be protected from further subdivision or
development by covenants filed and recorded with the final plat of the subdivision.
(ii)Any subdivision created by this section must provide all open space on-site and it must be all
usable except up to five percent can be buffer.
(iii)All usable open space must be readily identifiable with the development and easily accessible
by the residents. Usable open space should be the central focus and an amenity for the project.
(f)Cluster subdivisions can be constructed with zero lot lines under the following conditions:
(i)No more than two units shall share a common wall.
(ii)Zero lot line cannot occur in zones of RS 9.6 or greater.
(iii)Each dwelling unit shall be built to respect privacy of abutting homes.
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(iv) Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a
multifamily zone.
(v) Each unit shall be intended for owner occupancy.
(g) Cluster lots are not eligible for accessory dwelling units under FWRC 19.195.180 or 19.200.180.
(3) Approval criteria. The innovative or beneficial overall quality of the proposed development shall be
demonstrated by the following criteria:
(a) The subdivision provides innovative development, otherwise not allowed, but which promotes the goals
of the comprehensive plan for architectural compatibility with single-family housing on adjacent properties.
(b) The subdivision results in 15 percent common open space of which at least 10 percent of the gross land
area must be usable on-site open space, which is identified with the development and easily accessible to
residents.
(c) Native tree retention in accordance with FWRC 19.120.130 et seq.
(d) Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through
lot size and architecture to be compatible as approved by the community development services director.
(e) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features.
(f) Each dwelling unit shall meet the design standards in the FWRC community design guidelines for cluster
subdivisions.
(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 01-381, § 3, 1-16-01;
Ord. No. 98-330, § 3, 12-15-98; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41,
§ 1(16.240.10 – 16.240.30), 2-27-90. Code 2001 § 20-154.)
19.05.010 A definitions.
“Abandoned” means knowing relinquishment, by the owner, of right or claim to the subject property or structure
on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or
lessee, or of resuming the owner’s use of the property. “Abandoned” includes but is not limited to circumstances
involving tax forfeiture, bankruptcy, or foreclosure.
“Abandoned personal wireless service facility” means a WSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
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(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more
consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more
consecutive days.
“Accessory” means a use or structure which is subordinate and incidental to the principal use or structure on the
subject property, and supports the principal use or structure without displacing or dominating it. A structure is only
accessory within the meaning of this definition when it has less gross square footage and its height is equal to or
less than the height of the principal structure on the subject property, except in the case of accessory dwelling units
which may be taller than the primary structure and equal in gross square footage. See FWRC 19.265.010.
“Accessory living facility” means 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 owner/operator and that person’s family.
“Active uses” means uses that by their very nature generate activity, and thus opportunities for natural surveillance,
such as picnic areas, extracurricular school activities, exercise groups, etc.
“Adjoining” means 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 100 feet or more from a low density zone is not considered to
be adjoining that zone.
“Administrator” for the purpose of sign regulations means the director or his/her designated representative.
“Adult entertainment, activity, retail, 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 below) for observation by patrons therein and which excludes
minors by virtue of age.
(2)“Adult entertainment” 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
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mimic “specified sexual activities” (defined in FWRC 19.05.190) and which establishment excludes minors by
virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010.
(3) “Panorama” and “peepshow” shall mean as defined in FWRC 12.10.010.
(4) “Adult retail” shall mean a retail establishment which, for money or any other form of consideration, either:
(a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for
viewing, off the premises, any adult-oriented merchandise; or
(b) Provides, as its substantial stock-in-trade, for the sale, exchange, rental, loan, trade, transfer, and/or
viewing or use, off the premises, any adult-oriented merchandise.
Activities and uses defined as “adult entertainment, activity, retail, 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.
“Adult family home” means a residential home for which a person is licensed to provide personal care, special care,
room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the
person or persons providing the services. The number of residents in an adult family home may be no more than the
total of the residents being provided services, plus a family that includes at least one service provider. Any
limitation on the number of residents resulting from this definition shall not be applied to the extent it would
prevent 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). This definition shall not be applied to the extent that would cause a residential structure occupied
by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated
differently than a similar residential structure occupied by other related or unrelated individuals. See
FWRC 19.105.080.
“Adult-oriented merchandise” shall mean any goods, products, commodities, or other wares, including, but not
limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing
novelties which depict, describe, or simulate “specified anatomical areas” or “specified sexual activities” (defined
in FWRC 19.05.190).
“Agricultural use” means any agricultural, stable or livestock use listed as an allowable use in the suburban estate
zones. See definition of “urban agriculture.”
“Air rights” means the right to control the use of the space above the surface of the ground.
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“AKART” means “all known, available and reasonable methods of prevention, control and treatment,” and is the
most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants
associated with a point or nonpoint discharge. See also “best management practices.”
“Alluvium” means soil deposits transported by surface waters.
Animal Care Facility. See definition of “animal kennel.”
“Animal kennel” means any structure or premises in which animals are boarded (including day care) or bred for a
fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related
activities.
“Antique” or “collectible” means any article which, because of age, rarity, or historical significance, has a
monetary value greater than its original value, or which has an age recognized by the United States government as
entitling the article to an import duty less than that prescribed for contemporary merchandise.
“Applicant” means a person who, whether personally or through an agent, seeks, requests, or applies for any
permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is
the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in
development activity. “Applicant” includes both the principal and any agent.
“Aquifer” means a geological formation that is capable of yielding a usable amount of fresh water to a well or
spring.
“Arcade” means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but
not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may
be habitable space above the arcade.
“Architectural embellishments for sign regulations” means the aesthetic elements of the structure that includes or
encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base,
but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign.
“Average building elevation (ABE)” means the average of the highest and lowest existing or proposed elevations,
whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of
the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is
measured.
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“Average slope” means the average grade of land within each land area representing a distinct topographical
change.
“Awning” means a nonrigid, roof-like cover that projects from a building as a shelter, but that does not project
above the adjacent parapet or roof of a supporting building.
(Ord. No. 22-932, § 6, 5-3-22; Ord. No. 18-850, § 1, 6-5-18; Ord. No. 15-804, § 3, 11-3-15; Ord. No. 13-754, § 3,
12-3-13; Ord. No. 11-700, § 3, 9-20-11; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-
09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.1.)
19.05.040 D definitions.
“Day care facility, commercial” means the temporary, nonresidential care of persons on a recurring basis. See
FWRC Title 19, Division VI, Zoning Regulations.
“Dedication” means 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 purposes to which
the property has been devoted.
“Deleterious substance” includes, but is not limited to, chemical and microbial substances that are classified as
hazardous materials, as defined in this chapter, whether the substances are in usable or waste condition, that have
the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment-based
standards are enforced under Chapter 246-290 WAC.
“Development” means any human activity consisting of any construction, expansion, reduction, demolition, or
exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human-caused
change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at,
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above, or below ground or water level. Development includes, but is not limited to, any activity that requires a
permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas
ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development
ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that
requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special
use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding
site plan, site development, or right-of-way use permit. Development also includes, but is not limited to, filling,
grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of obstructions to
any right of public use; and the storage of equipment or materials.
“Development regulation” means controls placed on development or land use, but does not include decisions to
approve a project permit application even though they may be expressed in a resolution or ordinance.
“Diameter at breast height (dbh)” means the diameter of a tree trunk as measured at four and one-half feet above
the ground surface.
“Director” means the director of the department of community development, also known as the department of
community development services, unless the context indicates otherwise.
“Distillery” means an establishment primarily engaged in the production of distilled spirits, including all of the
equipment and materials required for such production, and may include accessory uses such as tours of the
distillery, sales, and/or on-site consumption, e.g., a tasting room.
“Domestic animal” means an animal which can be and is customarily kept or raised in a home or on a farm.
“Dredging” means removal of earth and other materials from a body of water, a watercourse, or a wetland.
“Dredging spoils” means the earth and other materials removed from a body of water, a watercourse, or a wetland
by dredging.
“Driveway” means an area of the subject property designed to provide vehicular access to a parking area or
structure located on the subject property.
“Dry land” means the area of the subject property landward of the high water line.
“Dwelling unit” means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage
containers and similar structures used or designed to be used as living facilities, providing complete, independent
living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and
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sanitation. A factory-built home or manufactured home is considered a dwelling unit under this title only if it meets
the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the
following 13 types of dwelling units:
(1) “Dwelling unit, attached” means 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” means a dwelling unit that is not attached or physically connected to any
other dwelling unit or other use.
(3) “Dwelling unit, efficiency” means a small one-room unit, which includes all living and cooking areas
with a separate bathroom.
(4) “Dwelling unit, stacked” means a dwelling unit that has one or more horizontal walls in common with
or attached to one or more other 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.
(5) “Dwelling unit, multifamily” means a building containing two or more dwelling units, which are either
attached or stacked. See definition of “dwelling unit, townhouse.”
(6) “Dwelling unit, senior citizen housing” means housing available for the exclusive occupancy of persons
over 55 years of age.
(7) “Dwelling unit, small lot detached” means detached residential dwelling units developed on
multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit’s sides
may rest on a lot line (zero lot line) when certain site development conditions are met.
(8) “Dwelling unit, special needs housing” means housing not specifically defined by this title, and which
will be processed under the classification most closely related to the proposed use, as determined by the
director.
(9) “Dwelling unit, studio” means a one-room unit, which includes all living and cooking areas with a
separate bathroom. Studios may have a wide open living space, and are typically larger than an “efficiency
apartment.” Studio apartments can contain a loft.
(10) “Dwelling unit, townhouse” means a type of attached multifamily dwelling in a row of at least two
such units in which each unit has its own front and rear access to the outside, no unit is located over another
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unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
(11) “Dwelling unit, zero lot line townhouse” means attached residential dwelling units with common (or
“party”) walls. Each unit is located on a lot in such a manner that one or more of the dwelling’s sides rest
on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract)
and, typically, each house is a complete entity with its own utility connections. Although most townhouses
have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard,
is owned in fee simple.
(12) “Dwelling unit, permanent supportive housing and transitional housing” means housing that combines
low-barrier affordable housing, health care, and supportive services for individuals and families
experiencing homelessness or at imminent risk of homelessness and persons with a disability that presents
barriers to employment and housing stability. Permanent supportive housing may prioritize people who
need comprehensive support services to retain tenancy and utilize admissions practices designed to use
lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing.
Permanent supportive housing has no limit on length of stay, whereas transitional housing is typically no
more than two years. Permanent supportive housing is paired with on-site or off-site voluntary services.
(13) “Dwelling unit, accessory dwelling unit (ADU)” means a dwelling unit that is accessory to the primary
dwelling unit located on the subject property, and which either:
(a) Is a freestanding detached structure or part thereof, excluding outdoor storage containers and
similar structures used or designed to be used as living facilities; or
(b) Has one or more vertical and/or horizontal walls in common with or attached to the primary
dwelling unit but is separate from the primary dwelling unit either because there is no interior
connection between the ADU and primary dwelling unit, or because any interior connection
between the ADU and primary dwelling unit is securable by lock from within the ADU.
Notwithstanding the general definition of dwelling unit, factory-built homes, manufactured homes, outdoor
storage containers, and similar structures used or designed to be used as living facilities may constitute
ADUs regardless of whether such a structure meets the standards and criteria of a designated manufactured
home established in RCW 35A.63.145.
(Ord. No. 22-932, § 7, 5-3-22; Ord. No. 21-921, § 3, 10-19-21; Ord. No. 20-898, § 8, 10-20-20; Ord. No. 18-844, §
22 of 40
4, 3-6-18; Ord. No. 17-834, § 3, 5-16-17; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-
09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.4.)
19.15.020 Exemptions.
Permits for the following are exempt from the provisions of process I through IV:
(1) The development of detached dwelling units and accessory dwelling units on pre-existing lots, except where a
land use process is triggered by the requirements of Chapter 19.145 FWRC.
(2) Any tenant improvements or normal maintenance on the subject property necessary to meet the varied
requirements of continuing or succeeding tenants, except as identified in FWRC 19.15.025.
(3) The director of community and economic development may exempt minor additions from the requirements of
this chapter such as but not limited to additions necessary to house mechanical equipment such as coolers, heating,
ventilation, and air conditioning type of equipment, minor exterior building facade modifications such as awnings
and canopies, installing or relocating windows or doors. The director may exempt other similar improvements, for
example improvements not visible from rights-of-way or residential uses or zones. Projects exempted from process
I through IV shall be reviewed for zoning compliance with the associated building, mechanical or other permit.
(Ord. No. 12-724, § 4, 6-5-12; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-32.)
19.30.085 Nonconforming lots (buildable lots).
The development of a nonconforming lot under this chapter shall be subject to the buildable lot provisions of
FWRC 19.105.010(2)–(3).
(Ord. No. 15-804, § 17, 11-3-15.)
19.95.060 Exemptions and credits.
(1) The following shall be exempt from the application of impact fees:
(a) Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long
as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are
recorded on the property to ensure that no children will reside in the development; or
(b) The replacement of a structure with a new structure of substantially the same size and use at the same site
or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure;
or
(c) Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing
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dwelling unit where no additional units are created and the use is not changed;
(d) Accessory dwelling units (“ADUs”), whether occupied as an ADU or not; provided, that as of December
21, 1995, such ADU satisfied the definition of an ADU set forth in FWRC 19.05.010; and provided further,
that such ADU registered with the city during the one-year period commencing on December 21, 1995, and
terminating on December 20, 1996.
(2) Arrangement may be made for later payment with the approval of the district only if the district determines that
it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined
by the district in its sole reasonable discretion, is provided to assure payment. Security shall be made to and held by
the district, which will be responsible for tracking and documenting the security interest.
(3) The developer shall receive a credit for any payment which has already been made for the lot or development
activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation
agreement. The fee amount due on the development activity shall be reduced by the amount of the credit.
(4) The developer can request that a credit or credits be awarded for the value of dedicated land, improvements, or
construction provided by the developer. The district shall first determine the general suitability of the land,
improvements, and/or construction for district purposes. Second, the district shall determine whether the land,
improvements, and/or the facility constructed are included within the district’s adopted capital facilities plan or the
board of directors for the district may make the finding that such land, improvements, and/or facilities would serve
the goals and objectives of the capital facilities plan of the district. The district shall forward its determination to the
city, including cases where the district determines that the dedicated land, improvements, and/or construction are not
suitable for district purposes.
(5) For each request for a credit or credits, if appropriate, the district shall select an appraiser from a list of independent
appraisers. The appraiser shall be directed to determine the value of the dedicated land, improvements, or construction
provided by the developer for the district. The developer shall pay for the cost of the appraisal.
(6) After receiving the appraisal, the district shall provide the developer with a letter or certificate setting forth the
dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and
the legal description or other adequate description of the project or development to which the credit may be applied.
The applicant must sign and date such letter or certificate indicating his/her agreement to the terms of the letter or
certificate, and return such signed document to the district before the city will award the impact fee credit. The failure
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of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit.
(7) Any claim for credit must be made no later than 20 calendar days after the submission of an application for a
building permit.
(8) In no event shall the credit exceed the amount of the impact fees due.
(Ord. No. 96-265, § 1, 4-2-96; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-214.)
19.105.010 Buildable lot.
(1)General. It is a violation of this title to erect a structure on or to otherwise use or occupy any lot or parcel unless
that lot or parcel is a buildable lot. A lot or parcel is a buildable lot if it meets all of the following criteria:
(a) It was created or segregated pursuant to all applicable laws, ordinances and regulations then in effect.
(b) Except as specified in subsection (2) of this section, it is at least as large as the minimum lot size
established by this title.
(c) It is adjacent to a street, access tract, or driveway providing access to that lot or parcel that meets the
minimum requirements of the International Fire Code and other code provisions established by or under this
title.
(d) Nothing in the above subsections eliminates the requirement to comply with all other provisions of the
FWRC, or other applicable regulations, prior to obtaining a building permit or other construction permit.
(2)Exception, detached dwelling units. Subject to all other requirements of this title, an applicant may build one
detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel, if:
(a) There is or has ever been a residence on the subject property; or
(b) It is a legal nonconforming lot and the owner does not own contiguous lots; or
(c) Lots less than 50 percent of the minimum lot size required by this title are combined with one or more
contiguous lots under the same ownership until the resulting lot equals at least 50 percent of the minimum
lot size required. If that is not possible, all lots under contiguous ownership are combined into one lot, which
may then be developed.
(d) The intent of this exception shall not be to construe remnant lots or tracts as buildable lots. Lots that are
not considered buildable lots are those that were not created for the purposes of land development and
include, but are not limited to, vacated rights-of-way, tracts, lot fragments resulting from surveying errors,
public or private easements, and assessor tax parcels created by segregation.
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(3) Exception, accessory dwelling units. Subject to all other requirements of this title, an applicant may build an
accessory dwelling unit on a lot or parcel regardless of the size of the lot of parcel.
(Ord. No. 15-804, § 28, 11-3-15; Ord. No. 90-43, § 2(115.80), 2-27-90. Code 2001 § 22-953.)
19.130.240 Driveways and parking areas.
Vehicles may not be parked in required yards except as follows:
(1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached
dwelling units.
(a) Generally. Vehicles may not be parked in a required side yard, but may be parked in the required front
and rear yards only if parked on a driveway and/or parking pad. A driveway and/or parking pad, in a required
front yard, may not exceed 20 feet in width except as specified in subsection (1)(b) of this section and may
not be closer than five feet to any side property line. Recreational vehicles to be used as a temporary dwelling
on a residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such
as fire, wind, earthquake, or other similar circumstance are not required to be parked on a driveway and/or
parking pad.
(b) Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if:
(i) It serves a three-car garage;
(ii) The subject property is at least 60 feet in width; and
(iii) The garage is located no more than 40 feet from the front property line.; or
(iv) It serves an ADU.
In addition, a driveway may flare at the front property line to a maximum width of 30 feet.
(2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply to driveways and
parking areas for stacked and townhouse (attached) dwelling units in residential zones.
(a) Parking areas may not be located in required yards.
(b) Driveways must be set back at least five feet from each property line, except the portion of any driveway
which crosses a required yard to connect with an adjacent street.
(3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1)(a) and (b) of this
section may be located within required setback yards.
(4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required yard
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between those uses.
(5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and driveways
for these uses may utilize shared parking and park in required yards as specified in FWRC 19.205.010, Zero lot line
townhouse and townhouse (attached) dwelling units; FWRC 19.205.020, Small lot detached dwelling units; and
FWRC 19.200.020, Zero lot line townhouse and townhouse (attached) dwelling units.
(Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 07-554, § 5(Exh. A(9)), 5-15-07; Ord. No. 90-43, § 2(115.115(5)),
2-27-90. Code 2001 § 22-1135.)
19.195.180 Accessory Dwelling Units
The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth
in this section:
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces SPECIAL
REGULATIONS AND
NOTES
Lot
Size
Required Yards
Lot
Coverage
Height of
Structure Front Side
(each) Rear ⇩ ⇨
Accessory dwelling
unit (ADU) in single-
family residences
None See
note
1
30
ft.
10 ft. 10
ft.
See note
2
30 ft.
above
average
building
elevation
1
parking
space
0 within
1/4 mile
of
major
transit
stop
See
note
113
1. An accessory dwelling
unit (ADU) shall meet the
definition outlined in
FWRC 19.05.0140.
Minimum lot size for
ADUs is based upon the
minimum lot size for the
existing primary dwelling
unit as set forth in
FWRC 19.195.010.
ADUs may be permitted
on a lot with a legally
nonconforming lot size as
provided in FWRC
19.105.010(3).
2. Only one ADU may be
created per subject
property. The ADU,
accessory structures and
the primary dwelling unit
together shall not exceed
the maximum lot
coverage prescribed in
FWRC 19.195.010.
3. An ADU shall be
designed so that, to the
27 of 40
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces SPECIAL
REGULATIONS AND
NOTES
Lot
Size
Required Yards
Lot
Coverage
Height of
Structure Front Side
(each) Rear ⇩ ⇨
degree reasonably
feasible, the appearance
of the building remains
that of a single-family
residence. The design and
size of an ADU and the
primary dwelling unit
shall conform to all
applicable standards in
the zoning, building,
plumbing electrical,
mechanical, fire, health,
and any other applicable
codes, as required for any
new construction. All
ADUs and primary
dwelling units shall also
meet the minimum
standards of the Uniform
Housing Code.
Certification by
appropriate utility
providers of availability
of sufficient water, sewer
and/or septic services to
the proposed ADU, must
be provided as part of the
application.
4. Refer to
Chapter 19.125 FWRC,
Outdoors, Yards, and
Landscaping, for
appropriate requirements.
5.Refer to
Chapter FWRC 19.270
FWRC contains
regulations regarding
home occupations
associated with this use.
contains regulations
regarding home
occupations and other
accessory uses, facilities
and activities associated
with this use. Home
28 of 40
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces
SPECIAL
REGULATIONS AND
NOTES
Lot
Size
Required Yards
Lot
Coverage
Height of
Structure Front Side
(each) Rear ⇩ ⇨
occupations are not
allowed in an ADU.
6. Attached ADUs may
be accessed through the
entrance to the primary
dwelling unit or through
an additional entrance on
the side or rear of the
residence. Only one
entrance is allowed on the
front of the residence.
7. The property owner,
must reside in either the
primary dwelling unit or
ADU for six months or
more of each calendar
year, and at no time
receive rent or other
compensation for the
owner-occupied unit.
87. The ADU, excluding
any garage, workshop and
similar nonliving areas,
shall contain between 300
– 800 no more than 1,000
sq. ft., An attached ADU
may exceed 1,000 sq. ft.,
up to a maximum of the
largest floor area of the
primary dwelling unit if
the creation of the ADU
does not necessitate an
exterior alteration of the
residence, except for
minimal alterations
necessary for the ADU to
be a functional separate
residence. but shall not
exceed 40% of the sq. ft.
of the primary dwelling
unit, excluding garage,
workshop and similar
nonliving areas.
8. The unit shall have no
more than two bedrooms.
29 of 40
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces SPECIAL
REGULATIONS AND
NOTES
Lot
Size
Required Yards
Lot
Coverage
Height of
Structure Front Side
(each) Rear ⇩ ⇨
9. Application for an
ADU permit shall be
made to the department of
community development
services in accordance
with the permit
procedures adopted by the
department, and shall
include a letter of
application from the
owner(s) stating that the
owner(s) shall occupy one
of the dwelling units on
the premises, except for
bona fide temporary
absences, for six months
or more of the calendar
year. An ADU application
shall also be filed as a
deed restriction with the
King County department
of records and elections to
indicate the presence of
an ADU, the requirement
of owner occupancy, and
other standards for
maintaining the unit as
described in this Code.
Cancellation of an ADUs
registration may be
accomplished by the
owner filing a letter with
the department of
community development
services for recording at
the department of records
and elections, or may
occur as a result of an
enforcement action.
109. For sign
requirements that apply to
the project, see
Chapter 19.140 FWRC.
11. ADUs are not
permitted on cluster
30 of 40
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces
SPECIAL
REGULATIONS AND
NOTES
Lot
Size
Required Yards
Lot
Coverage
Height of
Structure Front Side
(each) Rear ⇩ ⇨
subdivision lots under
FWRC 18.55.040(7).
102. For provisions that
relate to the keeping of
animals, see
Chapter 19.260 FWRC.
113. The director may
require the provision of
one off-street parking
space for an accessory
dwelling unit located
within one-quarter mile of
a major transit stop if the
director has determined
the accessory dwelling
unit is located in an area
without access to
available street parking
within 800 feet of the
property.
For other information
about parking and parking
areas, see
Chapter 19.130 FWRC.
For details of what may
exceed this height limit,
see FWRC 19.110.050 et
seq.
For details regarding
required yards, see
FWRC 19.125.160 et seq.
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC
(Ord. No. 22-932, § 23, 5-3-22; Ord. No. 10-651, § 3, 4-6-10; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 01-381, § 3,
1-16-01; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 95-245, § 3(c), 11-21-95. Code 2001 § 22-613.)
FWRC 19.200.180 Accessory Dwelling Units
The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes
set forth in this section:
31 of 40
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces SPECIAL
REGULATIONS AND
NOTES
Lot
Size
Required
Yards Lot
Coverage
Height of
Structure Front Side
(each) Rear ⇩ ⇨
Accessory dwelling
unit (ADU) in single-
family residences
None See
note
1
In RS 35.0
zones:
See note
2
30 ft.
above
average
building
elevation
1
parking
space
0 within
1/4 mile
of
major
transit
stop
See
note
124
1.An accessory dwelling
unit (ADU) shall meet the
definition outlined in
FWRC 19.05.0140.
Minimum lot size for
ADUs is based upon the
minimum lot size for the
existing primary dwelling
unit as set forth in
FWRC 19.200.010. ADUs
may be permitted on a lot
with legally
nonconforming lot size as
provided in FWRC
19.105.010(3).
2. Only one ADU may be
created per subject
property. The ADU,
accessory structures and
the primary dwelling unit
together shall not exceed
the maximum lot
coverage prescribed in
FWRC 19.200.010,. as
follows.
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 5.0 = 60%.
f. See
FWRC 19.110.020(2)(b)
for calculation of lot
coverage for flag lots.
3. An ADU shall be
designed so that, to the
degree reasonably
feasible, the appearance of
the building remains that
of a single-family
residence. The design and
size of an ADU and the
primary dwelling unit
shall conform to all
applicable standards in the
20
ft.
10
ft.
10
ft.
Otherwise:
20
ft.
See
note
4
5
ft.
32 of 40
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces SPECIAL
REGULATIONS AND
NOTES
Lot
Size
Required
Yards Lot
Coverage
Height of
Structure Front Side
(each) Rear ⇩ ⇨
zoning, building,
plumbing electrical,
mechanical, fire, health,
and any other applicable
codes, as required for any
new construction. All
ADUs and primary
dwelling units shall also
meet the minimum
standards of the Uniform
Housing Code.
Certification by
appropriate utility
providers of availability
of sufficient water, sewer
and/or septic services to
the proposed ADU must
be provided as part of the
application.
4. Side yard setback for a
corner lot for that portion
of the lot not adjacent to
the primary vehicular
access is 10 feet,
otherwise five feet.
5. Refer to
Chapter 19.125 FWRC,
Outdoors, Yards, and
Landscaping, for
appropriate requirements.
6. Chapter
FWRC 19.265.010 FWRC
contains regulations
regarding other accessory
uses and facilities and
activities associated with
this use. Home
occupations are not
allowed in an ADU.
7. Chapter 19.270 FWRC
contains regulations
regarding home
occupations associated
with this use.
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USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces SPECIAL
REGULATIONS AND
NOTES
Lot
Size
Required
Yards Lot
Coverage
Height of
Structure Front Side
(each) Rear ⇩ ⇨
78.Attached ADUs may
be accessed through the
entrance to the primary
dwelling unit or through
an additional entrance on
the side or rear of the
residence. Only one
entrance is allowed on the
front of the residence.
8. The property owner
must reside in either the
primary dwelling unit or
ADU for six months or
more of each calendar
year, and at no time
receive rent or other
compensation for the
owner-occupied unit.
9. The ADU, excluding
any garage, workshop and
similar nonliving areas,
shall contain between 300
– 800 no more than 1,000
sq. ft., An attached ADU
may exceed 1,000 sq. ft.,
up to a maximum of the
largest floor area of the
primary dwelling unit if
the creation of the ADU
does not necessitate an
exterior alteration of the
residence, except for
minimal alterations
necessary for the ADU to
be a functional separate
residence but shall not
exceed 40% of the sq. ft.
of the primary dwelling
unit, excluding any
garage, workshop and
similar nonliving areas.
The unit shall have no
more than two bedrooms.
(Continued on next page)
34 of 40
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces
SPECIAL
REGULATIONS AND
NOTES
Lot
Size
Required
Yards Lot
Coverage
Height of
Structure Front Side
(each) Rear ⇩ ⇨
For other information
about parking and parking
areas, see
Chapter 19.130 FWRC.
For details of what may
exceed this height limit,
see FWRC 19.110.050 et
seq.
For details regarding
required yards, see
FWRC 19.125.160 et seq.
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
19.200.180 Accessory dwelling units. (Continued)
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces
SPECIAL REGULATIONS
AND NOTES
Lot
Size
Required Yards
Lot
Coverage
Height
of
Structure Front Side
(each) Rear ⇩ ⇨
10. Application for an ADU
permit shall be made to the
department of community
development services in
accordance with the permit
procedures adopted by the
department, and shall
include a letter of
application from the
owner(s) stating that the
owner(s) shall occupy one
of the dwelling units on the
premises, except for bona
fide temporary absences, for
six months or more of the
calendar year. An ADU
application shall also be
filed as a deed restriction
with the King County
35 of 40
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces
SPECIAL REGULATIONS
AND NOTES
Lot
Size
Required Yards
Lot
Coverage
Height
of
Structure Front Side
(each) Rear ⇩ ⇨
department of records and
elections to indicate the
presence of an ADU, the
requirement of owner
occupancy, and other
standards for maintaining
the unit as described in this
Code. Cancellation of an
ADUs registration may be
accomplished by the owner
filing a letter with the
department of community
development services for
recording at the department
of records and elections, or
may occur as a result of an
enforcement action.
101. For sign requirements
that apply to the project, see
Chapter 19.140 FWRC.
12. ADUs are not permitted
on cluster subdivision lots
under FWRC 18.55.040(7)
or within cottage housing
under
Chapter 19.250 FWRC.
113. For provisions that
relate to the keeping of
animals, see
Chapter 19.260 FWRC.
124. The director may
require the provision of one
off-street parking space for
an accessory dwelling unit
located within one-quarter
mile of a major transit stop
if the director has
determined the accessory
dwelling unit is located in an
area without access to
available street parking
within 800 feet of the
property.
36 of 40
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces
SPECIAL REGULATIONS
AND NOTES
Lot
Size
Required Yards
Lot
Coverage
Height
of
Structure Front Side
(each) Rear ⇩ ⇨
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For other information about
parking and parking areas,
see Chapter 19.130 FWRC.
For details of what may
exceed this height limit, see
FWRC 19.110.050 et seq.
For details regarding
required yards, see
FWRC 19.125.160 et seq.
(Ord. No. 22-932, § 24, 5-3-22; Ord. No. 10-651, § 4, 4-6-10; Ord. No. 07-545, § 3(Exh. A), 1-2-07; Ord. No. 02-
424, § 3, 9-17-02; Ord. No. 01-381, § 3, 1-16-01; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 95-245, § 3(d), 11-21-95.
Code 2001 § 22-648.)
19.250.170 General provisions.
(1) CHDs in the RS zones are permitted as subdivisions, short subdivisions or condominium developments. CHDs in
the RM zones are permitted as subdivisions, short subdivisions, condominium developments or multifamily
developments.
(2) A community building, not exceeding 2,000 square feet, may be provided for the residents of the CHD. Roof
pitch, architecture, materials and colors shall be similar to that of the dwelling units within the CHD.
(3) An existing single-family home incorporated into a CHD that does not meet the requirements of this chapter is
permitted to remain on a site developed for cottage and CSF housing. Modifications or additions to the structure not
consistent with the provisions of this chapter shall not be permitted.
(4) Accessory dwelling units are not permitted in CHDs within the RM zones.
(5) CHDs may not utilize the cluster subdivision provisions of FWRC Title 18.
(6) For those CHDs processed as formal or short subdivisions, all development standards of this chapter shall be
reviewed by the director of community development as a component of the preliminary plat or short plat review
process. For all other CHDs the development standards of this chapter shall be reviewed as a component of process
III or IV review (see use zone charts for required review process). In either case, this shall include review of
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conceptual building elevations.
(Ord. No. 06-533, § 5(Exh. A), 9-19-06. Code 2001 § 22-923(15).)
19.265.010 Accessory uses, buildings, and structures.
(1) Generally. As limited by this section, accessory uses, buildings, and structures normally associated with a
permitted use, building, or structure are permitted as part of that use, building, or structure. Accessory uses, buildings,
or structures must be clearly secondary to the permitted principal uses, buildings, or structures.
(2) Authority of director. The director of community development services is authorized to determine if a particular
accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory to the
particular permitted principal use, building, or structure.
(3) Accessory building height and square footage limits. The height of accessory buildings and structures may not be
taller than the primary building or structure regardless of the building height allowed by the zone, except in the case
of ADUs which may be taller than the primary structure. The total gross square footage of the accessory building
must also be less than the total gross square footage of the principal building on the subject property.
(4) Exceptions and limitations. Where more specific limitations and regulations apply under this title to particular
accessory uses or structures, those limitations and regulations supersede the general statements in subsections (1)–
(3) of this section.
(Ord. No. 22-932, § 27, 5-3-22; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 90-43, § 2(115.10), 2-27-90. Code
2001 § 22-946.)
19.270.030 Home occupation.
(1) A home occupation is permitted if it meets all of the following requirements:
(a) The dwelling unit structure in which the business is located must be located on the same subject property
as the primary residence of the business owner.
(b) The business must be carried on by a family member(s) who resides on the same subject propertyin the
dwelling unit.
(c) The use must have no outside storage, exterior indication, or outside activity.
(d) The use must not involve those heavy equipment, power tools, or power sources which are not common
to a residential use.
(e) The use must not involve any pickups or deliveries by commercial vehicles over 26,000 pounds gross
38 of 40
vehicle weight rating (GVWR) as defined in RCW 46.25.010.
(f)The use must not include more than four persons per day coming to the subject property for goods or
services.
(g) The use must not create any noise, dust, glare, vibration, odor, smoke, or other impact adverse to a
residential area.
(2)A home occupation which does not meet the requirements of subsection (1) of this section may be approved using
process III, if:
(a)It will not harm the character of the surrounding neighborhood;
(b)It will not include outdoor storage or operation of machinery, commercial vehicles, building materials, or
tools which will be visible or audible from or have an effect on other properties; and
(c)It does not create a condition which injures or endangers the comfort, repose, health, or safety of persons.
(Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 00-375, § 21, 2000; Ord. No. 91-87, § 12(115.65(3)), 2-5-91; Ord.
No. 90-43, § 2(115.65(3)), 2-27-90. Code 2001 § 22-1068.)
19.265.020 Accessory dwelling units.
(1)Purpose. In order to provide affordable housing to the citizens of Federal Way and in order to comply with the
Growth Management Act and the Washington State Housing Policy Act, this section permits accessory dwelling units
(“ADU”) which comply with the conditions set forth in this Code.
(2)Definitions. Any words, terms or phrases used in this section and which are not otherwise defined shall have the
meanings set forth in Chapter 19.05 FWRC.
(3)Permit requirements. Prior to constructing or operating an ADU, property owners shall apply for and obtain an
ADU permit from the department of community development, comply with all the special regulations set forth in
FWRC 19.195.180 and 19.200.180, comply with all other applicable law, obtain all other necessary permits, and pay
all fees in connection with such construction or operation. The application shall be accompanied by the appropriate
application fee as established by the city’s adopted fee schedule. The department of community development services
may issue a certificate of ADU compliance on the basis of inspection(s) of the ADU, and may require corrections as
appropriate under the Uniform Building Code and other applicable codes or laws. In the event the ADU does not
comply with such applicable laws, the department of community development shall deny the ADU application unless
the ADU is exempt pursuant to subsection (4) of this section.
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(4)Exemption/nonconformance. No ADU permit is required for legal nonconforming ADUs which are permitted
pursuant to FWRC 19.30.140, Nonconformance.
(5)Enforcement. ADUs not complying with the provisions of this section within 12 months of the effective date of
adoption of the ordinance codified in this section and/or ADUs not constituting a legal nonconforming ADU pursuant
to FWRC 19.30.140 are subject to the enforcement provisions of Chapter 19.10 FWRC regarding enforcement of
Code violations and are subject to all other enforcement remedies available to the city by applicable law, including,
without limitation, the requirement for the property owner to immediately abate or discontinue such ADUs.
(Ord. No. 22-932, § 28, 5-3-22; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 95-245, § 3(B), 11-21-95. Code
2001 § 22-965.)
19.270.050 Accessory structure.
Structures, other than the dwelling unit, used to house or support the home occupation may not exceed 1,000 square
feet in area.
(Ord. No. 90-43, § 2(115.65(3)), 2-27-90. Code 2001 § 22-1070.)
40 of 40