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