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ORD 23-963 - Relating to ADUs (Amending Title 19)ORDINANCE NO. 23-963 AN ORDINANCE of the City of Federal Way, Washington, relating to accessory dwelling units; amending FWRC 19.05.010, 19.05.040, 19.15.020, 19.30.085, 19.95.060, 19.105.010, 19.130.240, 19.195.180, 19.200.180, 19.250.170, 19.265.010, 19.270.030; and repealing FWRC 19.265.020 (Amending Ordinance Nos. 90-43, 91-87, 95-245, 95-249, 96- 265, 00-375, 02-424, 06-533, 07-545, 08-585, 09-593, 09-605, 09-607, 10- 651, 11-700, 12-724, 13-754, 15-804, 18-850 and 22-932) WHEREAS, the City of Federal Way ("City) recognizes the need to periodically modify Title 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, Washington State is experiencing a housing affordability crisis; and WHEREAS, the housing supply in Federal Way falls short of meeting the current and future housing demand; and WHEREAS, accessible housing options with convenient living arrangements that allow family members or other persons to provide care and support without resulting in displacement or relocation for persons with disabilities, multigenerational households, and seniors desiring to age in place are very limited; and WHEREAS, the City adopted a Housing Action Plan ("HAP") in October 2021, which provides a strategic road map of actions the City can take to encourage housing production, and expand housing choices for residents of all income levels; and WHEREAS, strategy #4 of the HAP is to encourage accessory dwelling unit ("ADU") production; and Ordinance No. 23-963 Page 1 of 34 WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed various code amendments on March 24, 2023, the DNS was finalized on April 7, 2023, no appeals were filed and the appeal period expired on April 28, 2023; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on May 17, 2023, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the City Council of the City of Federal Way considered these code amendments on June 5, 2023, and recommended adoption of the proposed code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of Title 19 under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Ordinance No. 23-963 Page 2 of 34 Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: 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 Ordinance No. 23-963 Page 3 of 34 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 do not create unintended barriers. HP20 Periodically review and update development regulations to incorporate opportunities for new housing types. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they encourage the production of housing and expand housing choices in the City of Federal Way at a time when the increasing demand for housing is unmet. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they will remove regulatory barriers, reduce the cost, and expedite the permit review process for ADUs. Section 3. FWRC 19.05.010 is hereby amended to read as follows: 19.05.010 A definitions. "Abandoned" means knowing relinquishment, by the owner, ofright 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: Ordinance No. 23-963 Page 4 of 34 (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (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 piimaiy structure and equal in gross square footage. See FWRC 19.265.010. "Accessory livingfacility" 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. Ordinance No. 23-963 Page 5 of 34 "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 mimic "specified sexual activities" (defined in FWRC _I 9.05.190) 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. Ordinance No. 23-963 Page 6 of 34 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 l 9.105.080. "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. Ordinance No. 23-963 Page 7 of 34 "AK —ART" 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. Ordinance No. 23-963 Page 8 of 34 "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. "Area median income (AMI) " means the Metropolitan Statistical Area median income adjusted for household size as defined by the United States Department of Housing and Urban Development. "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. Allow ad Building Height I' Lowest Reieeence Bemdon datum (ABE) Hghest Seuxion "Average slope" means the average grade of land within each land area representing a distinct topographical change. Ordinance No. 23-963 Page 9 of 34 "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. Section 4. FWRC 19.05.040 is hereby amended to read as follows: 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, 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 Ordinance No. 23-963 Page 10 of 34 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 Ordinance No. 23-963 Page 11 of 34 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 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." Ordinance No. 23-963 Page 12 of 34 (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 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. Ordinance No. 23-963 Page 13 of 34 (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—e-tcluding-outdeew-storage c-entainers-and similar-structures-ttsed-eF-4esig�ned 4e-be-used-as-liviig-fac-i4i-tias; 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 Ordinance No. 23-963 Page 14 of 34 standards and criteria of a designated manufactured home established in RCW 35A.63.145. Section 5. FWRC 19.15.020 is hereby amended to read as follows: 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 as eeenemie-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. Section 6. FWRC 19.30.085 is hereby amended to read as follows: 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). Section 7. FWRC 19.95.060 is hereby amended to read as follows: 19.95.060 Exemptions and credits. (1) The following shall be exempt from the application of impact fees: Ordinance No. 23-963 Page 15 of 34 (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 dwelling unit where no additional units are created and the use is not changed; (d) Accessory dwelling units net; previded. a� e€ewer l ��93 secl3 ��the de#nitieo e€art Nt yet #ertlr+r�F-WR-G �-�1:8�:�9-aad-l�rev�ed-€m=tl�tl}at-stieh�B�1-reereel-�ifl��ecit}-dares-t1ieene-year fle-ried-ce ertEi en Deeember-211: 1995, d ter -on-4 ee-ember•2L@-.-4-996. (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. Ordinance No. 23-963 Page 16 of 34 (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 f'or district purposes. (5) For each request f'or 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 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. Ordinance No. 23-963 Page 17 of 34 (8) In no event shall the credit exceed the amount of the impact fees due. Section 8. FWRC 19.105.010 is hereby amended to read as follows: 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 Ordinance No. 23-963 Page 18 of 34 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. (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. 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. Section 9. FWRC 19.130.240 is hereby amended to read as follows: 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 Ordinance No. 23-963 Page 19 of 34 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. the subject property is at least 60 feet in width, and the garage is located no more than 40 feet from the front property line; (ii) It serves an ADU and Tthe subject property is at least 60 feet in width; grand (iii) It serves an ADU and the width of the driveway at the property line directly abutting the right-of-way does not exceed 20 feet44i,--gaage"eated-ne e-t-han 40- fFeff+- -hffent-p}opei4y4ine. 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 Ordinance No. 23-963 Page 20 of 34 required yard 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. Section 10. FWRC 19.195.180 is hereby amended to read as follows: 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 ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZQNE Required Yards Required Required SE USE REGULATIONS Review Process Lot Size Front Side ach) Rear Lol Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS 19 b AND NOTES Accessory dwelling None See 30 10 10 See 30 ft. 1 1. An accessory dwelling unit unit (ADU) iwsringle- note ft. ft. ft. note 2 above parking (ADU) shall meet the £afl-i45-f let s 1 average space definition outlined in building FWRC 19.05.04-40. Minimum elevation 0 within lot size for ADUs is based 1/4 mile upon the minimum lot size for of major the existing primary dwelling transit unit as set forth in stop FWRC 19.195.010. ADUs may be ermitted on a lot with See note leLlally nonconforming lot size as ,provided in FWRC 113 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. Ordinance No. 23-963 Page 21 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required SE Review Lot Lot Height of Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES 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. Tie dessranA sire Of awAIPI•aiTd-t-he-ofnafy d�+�eN-i+�-•t�+iit-sl►all-e�n€e�ru-fie all a yRlieable•staedafds-ji+-the zon' a building,-Pim"hin- eie ... . 'al. . IfeaA-. aftd-af,yr8the applieahleeodes. as-Feq*jF-ed for-aHy-H cei3s4ue4ie .--AJ4 :4BLls-af�l-priff�ar� dwell•if� fiH itsr Slfall-alsaf»ee t-tl�e miaiowm-st widards-e€ {he Lni€erie Hetisifig-C-9de- t=erti€i emieif-Iy-aypf epr-i ate f+ti-Iit� {eiders-e€ avai�al�ikity e€mac-ieift-water—sc�wei affNef-septic-seiviees- the prepesed#-ND -. ffiust-be prov4ded-as-path sI=tlfe app icat+eff-. 4. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 5. Refer to Chapter FAIR 19.270 F\\ RC. for re_ulationsregardin me occupations associated with this use. eefftai*s-f°efrulatiefts re,atdin #hei4w-aeeupat{effs and-eilfer aeceSsef-f-f ses, €aeflft-eS•ai d-actsvitieS assef-lated -wi (Ii II�iS tISC'.-#eiffe eeeupations-are Rtwallewed +if aft -A DI 1- 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 Ordinance No. 23-963 Page 22 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZO!ti E Required Yards Required Required SE USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS b AND NOTES residence. Only one entrance is allowed on the front of the residence. �fepefE ewftef +ust r-eside4 either-4ke-ffifeafy �•Ii/FV� Flint-��i�I�� 3iiEiFiifi"r�F•-ta38: Rch C-a�E'i9�Eif' j'23F-3}i��i3�t-f►?i2 feeei r-e at of-etlef eempens 69n-fef4heownef oce-upled ffFlit: 97. The ADU, excluding any garage, workshop and similar nonliving areas, shall contain bf+Ween-;08 SAA no more than 1.000 sq. ft.; An attached ADU may exceed I.000 sq. ft.. Up to a maximum of the largest floor area of the primary dNveilinc 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. Iaat-sl}all that-c�eee�i�I-° o-e�thP-scfi#-e€ tkiet.}a►e4Fif-esai e cli!lillan gai-att—L 6fli4l9fap aR4-,i ilIafla-i# Fll-eas 8. The unit shall have no more than two bedrooms. 4-teatte+t�atrAOU geFft�i•t-s#aaN-l�aac�e•�-tl�e fIl�fH@Flt-e�eeml�Fl �i+e�ApFlaeiii5ef� lffs iFl Faeeca3�aeee �wt#�NpefmFt precedujvs adopted-by-tk depai�eHt; atl� sl�al#-f+�k��-a � let�•efep�lf�t+e•»�f?►-the ewFlef }stati14ha4-4ke caw Fle+'i-s-I- s4F aa�-ec-eF t p� erteof �rYrflts@remeept €ef bang tei}iPefat;";cer€e�six Me" tiis•ef Nk6Fe e# tkte caleFldaF Ordinance No. 23-963 Page 23 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums Required Yards ZONE Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS 4 b AND NOTES ' yeaF-�4fr,4(�-a}�lasatic� sha14 alse-�€ded-as adeed festfieEietr with-tFirlti� Getmty res�r�s an&eleetieas icate-the prey e€ a �e9kl-tlte "tie Fell! eRt•@4feWn f fOF A6fMpaHe�; aR4#-BflleFsiafl�RF�S �S deserzibed-in thisrCede- GanceAatwwofaff-NDUs fegistfatierray �e aee em plished-by--i heew €►1it�a lerteF�ith-the depanmem-of-.�owoky derelepment-sefviees-ref ree-erd+Hg-a€t4e depae-teieR�-of feesrds aim elestiofrs-er-+uay ewer as- a r-e *Wef aH ea€er-eemew-,w6eiv. 189. For sign requirements that apply to the project, see Chapter 19.140 FWRC. ,-T BVs-are•i"fmitted e►r e1uste-P*t divis4�mvdef F C--1111? :1� 1lv - . 102. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 1131. 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. Process I, II, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Ordinance No. 23-963 Page 24 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ _ . THEN, across for REGULATIONS Minimums Maximums Required Yards ZONE Required Required SE Review Lot Lot Height of Parking Process Size FrontSide Rear Coverage Structure Spaces SPECIAL USE REGULATIONS (each) I AND NOTESGULATIONS IG b Chapter] FWRC, Chapter] 9.70 FWRC For details of what may exceed this height limit, see FWRC 19.1 1p.D?a et seq. For details regarding required yards, see FWRC 19 125,160 et seq. Section 11. FWRC 19.200.180 is hereby amended to read as follows: 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: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required �S Review Lot Lot Height of Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS 4 b AND NOTES Accessory dwelling None See In RS 35.0 See 30 ft. 1 1. An accessory dwelling unit unit (ADU) iwsi+tgle- note zones: note 2 above parking (ADU) shall meet the 1 average space definition outlined in 20 10 10 building FWRC 19.05.0-W0. Minimum ft. ft. ft. elevation 0 within lot size for ADUs is based Otherwise: 1/ 4mile upon the minimum lot size for of the existing primary dwelling 20 See 5 major unit as set forth in ft. note ft. transit FWRC 19_200.010. ADUs may 4 stop permitted on a lot with legally nonconforming lot size as provided in F\4RC See note 124 19.105.0100). 2. Only one ADU may be created per subject property. The ADU, accessory structures Ordinance No. 23-963 Page 25 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required RS USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES and the primary dwelling unit together shall not exceed the maximum lot coverage prescribed in FWRC 19.200.01%_ as -€allows: --' in& J�� WR-6. �7 "13: Pncc94-5-.9—[[(j94.. 1�. 7�RG-1 (bi (6f e�aleu latH�-of✓'t� eeve fe Ytag-fet&- 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. T4,-4esign-and 5i e€• a fr 4I�• a+�d•�•Fie�r+faaty d+vel I+�-�►H+t-sljal E se a €e�� • ka aff` app}iea�le standards-+r+ti�e �Alitt �HIi�Hi� l3 obi g elest6ea4- mechaH 9.-4ra ltealtlr. aHd-as}-etl3et app liea fife-Bodes—as-�ecfafred fef-aHu-i+ea cons e4ion A fI ,A-Bids-acuf--psi i��}F�elli+tg Hr;+ts• sl}a4l�lsa teeet-tlre 1+14vinium. drefdseftlae L440Hn-Heas+He Code: Cemifi iowbyapprapFiate uti 1•ity-pr-avfdefs efava4abili4y e€ •suf�ief?t-watef.-�e•�f andlar-septiF-ser+sEes-�•#He }�fepesed-4BL�-H}Hs1-fie pfavided as }raft e€ *e applieatie+1: 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. S. Refer to Chapter 19.125 FWRC, Ordinance No. 23-963 Page 26 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ ..THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required KS USE REGULATIONS Revie-W Process Lot Size Front Side (each) Rear Lot Height of Coverage Structure Parking Spaces SPECIAL REGULATIONS b AND NOTES Outdoors, Yards, and Landscaping, for appropriate requirements. 6. Refer to Chapter €AIRE 19.265�18 FWRC "ataims-for regulations regarding other accessory uses and facilities an4aefl-% •ies associated with this use. Nerve ec�t aEtonsafe ]%( al'ewej;p aii ADJU. 7. Refer to Chapter 19.270 FW RC for regulations re�!ardinL, home occupations associated with this use. 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. ��f-ie-}�Fepe�e��xet+r�st resale iweither tha pri+aaw d-well��►}i�er :4Bf�€aFsis Rtefitli4&F,RiSfe-Of eaGh ealer►dar yeae;-an4at-4+a'fiR4e f Ee► pesi5a;i faFilw ewne'r- eceupied unit- 9. The ADU, excluding any garage, workshop and similar nonliving areas, shall contain be�wec 300 800 no more than 1.000 sq. ft.; An attached ADU may exceed 1.000 sp. fi.. ip to a maximum of the lar est 1oor area of the primary welline unit if the creation of ie ADU does not necessitate an exterior alteration of the residence. except for minii-eal alterations necessary for the ADU to be a functional separate residence but -shall -*et Ordinance No. 23-963 Page 27 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Required Yardsi ZONE Required Required its Review Lot Lot Height of Parking Process Size Front Side Rea Coverage Structure Spaces SE REGULATIONS (each) SPECIAL REGULATIONS b AND NOTES eaeeed pFi�a�rdiuell+ag-etait: eheladi►F uB}-gaHgg� weF]tishej�-afld &imilK diving, areas. The unit shall have no more than two bedrooms. (Continued on next page) Process I, II, III and IV are described in For other information about Chapter ]9.55 FWRC, �— parking and parking areas, see Chapter] FWRC, Chapter 19.1LFWRC. Chapter] 9.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 14_ ] 1L�0 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.200.180 Accessory dwelling units. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required �tS Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rea Cove rage of Structure St Spaces SPECIAL REGULATIONS AND b JNOTES ll -1-4.-Applie06e11 #efast-ADW-peFR+4 sh al] • lie �a de- te-Nae�e�aa+Ne#-�€ eer��mmty-develep�}peat ser�+ees f{}�EgFt�EiFi6e-il=fth-the-Pe++�� pFaeed*fes-adepted-by t-he depar4mer&t-a►4-shalI a le4ef-e appficatie i*em-4he ' /�1 stat+f►a�kai tht! 0 ReFW shall eccctpy efle e€�liedvel]i +� its erg-ifie-pteFH+ses�e��e�-fef beaa €Fdetet�eFary-af�er�es-�eF Ordinance No. 23-963 Page 28 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums I Maximums Required Yards BONE Required Required Parkin K� Review Lot Lot Height of g Process Size Fron Side Rea Coverage Stnictttre Spaces SE REGULATIONS (each) SPECIAL REGULATIONS AND b Process I, II, III and IV are described in Chapter.19.55 FWRC, Chapter 19.60 FWRC, Chapter] FWRC, Chapter -19.70 FWRC respectively. Ordinance No. 23-963 yearA+i-�BU- apRllEatie�t-sl�ll alse•l�e -#fled-as-adeed-testrie-rise With-" J-�iegme t de�aFt+we+�t &f—Het-49-afffelee-tionste indicate the•presenee-e€ aa-�Bl�;-t1}e regmf-emeawe€ 9A"et-eseopasey.. aPA- other-sta►rdards#er +�a+sttain i�-NaetFRibaSdesE+i�ed lH tltis �edFaaeellatie� e€an BUs -fegistratie►rmay-lie aeeenlplished-by-the. a letter-�rith•the�e�t+�er�t-e€ ser�ttx++}ity �levelepr�et�t-sewiees €er-reeerdin� at~tlte•depar4►aeHa`e€ reeerds ar}d eleFtieReFRtay eeear asa-results-an-t4+fereemeat action, 103. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 44_.-APL1s-aFe *E+pefmitted-en c4*.4eF.gub4+v isi an-let-,*nd e+ eettage-hefts i rtg-ttndef E#apter� tl. 2541-��1� 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. For other information about parking and parking areas, see Chapter-19.130 FWRC. Page 29 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use . _ _ THEN, across for REGULATIONS Minimums Maximums _ Required Yards ZONE Required Required ]ZS Review height Lot Lot Parking RISE RCGUL.aTIONSProcess Size Front Side Rea Coverage°f Spaces (each) Structure SPECIAL REGULATIONS AND b NOTES For details of what may exceed this height limit, see FWRC 19.1 16.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 12. FWRC 19.250.170 is hereby amended to read as follows: 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 Ordinance No. 23-963 Page 30 of 34 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 conceptual building elevations. Section 13. FWRC 19.265.010 is hereby amended to read as follows: 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 ofcommunity 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 building or 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, except in the case ofADUs which may be equal in gross square footage to the principal building. (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 subsection (1) of this section. Section 14. FWRC 19.270.030 is hereby amended to read as follows: Ordinance No. 23-963 Page 31 of 34 19.270.030 Home occupation. (1) A home occupation is permitted if it meets all of the following requirements: (a) The dwellinguflit-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 proerer-4ihe-dwelling-af} 1. (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. (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 Ordinance No. 23-963 Page 32 of 34 safety of persons. Section 15. FWRC 19.265.020 is hereby repealed in its entirety. Section 16. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ection 17. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 18. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 19. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 5th day of July, 2023. [signatures to follow] Ordinance No, 23-963 Page 33 of 34 CITY OF FEDERAL WAY: FE LL, MAYOR ATTEST: ST4HANIE COURTNEY, C ITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 06/14/2023 PASSED B•Y THE CITY COUNCIL: 07/05/2023 PUBLISHED: 07/14/2023 EFFECTIVE DATE: 07/19/2023 ORDINANCE NO.: 23-963 Ordinance No. 23-963 Page 34 of 34