Ord 04-468
ITY OF FEDERAL WAY
ORDINANCE NO. 04 - 468
AN ORDINANCE 0 THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGT N, AMENDING FEDERAL WAY CHAPTER 18
(ENVIRONMENTAL PROTECTION) AND 22 (ZONING), RELATED TO
PROTECTION OF RITICAL AQUIFER RECHARGE AREAS AND
WELLHEAD PROT CTION AREAS AND AMENDING CHAPTER 18
(ENVIRONMENTAL PROTECTION) TO ADDRESS CHANGES TO
CHAPTER 197-11 W C, SEPA RULES.
WHEREAS, the City of Feder 1 Way adopted Ordinance No. 96-270 in July 1996, which significantly
I
revised the Federal Way City Cod (FWCC) Chapter 22 (Zoning);
WHEREAS, the City of Fe eral Way finds that amending FWCC Chapter 18 (Environmental
Protection) and FWCC Chapter 2 (Zoning) to add new definitions related to Wellhead Protection Areas
I
and Critical Aquifer Recharge
ivision 7 (Land Modifications); and Article XIV (Environmentally
eas and to modify existing sections of Chapter 22, Article IV
(Nonconformance); Article XIII,
Sensitive Areas) meet the intent 0 Chapter 36.70A RCW, Growth Management;
I
I
WHEREAS, the City of Fed I ral Way finds that these code amendments will implement and are
mprehensive Plan;
consistent with the Federal Way
WHEREAS, the Planning C mmission conducted a duly noticed public hearing on these code
I
amendments on September 1, 200 , and forwarded a recommendation of approval to the City Council;
WHEREAS, the Land/Use Trl nsportation Committee of the Federal Way City Council considered
these code amendments on Octob r 4, and October 18, 2004, following which it recommended adoption
of the text amendments as reco mended by the Planning Commission and amended by the Land
Use/Transportation Committee;
WHEREAS, the City Counci finds that the code amendments relating to protection of Wellhead
Protection Areas and Critical A ifer Recharge Areas are consistent with the intent and purpose of
Ord No. 04468, Page I
ORl GfNAL
FWCC Chapter 22 (Zoning) to pr vide for and promote the health, safety, and welfare of the general
public.
I
I
I
I
Now, THEREFORE, THE CITYI COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
I
FOLLOWS:
Section 1. Findings. After ful and careful consideration, the City Council of the City of Federal Way
finds that the proposed code am dments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. P
uant to FWCC Sections 22-216 and 22-528, and based upon the
Federal Way City Council makes the following Conclusions of Law
Findings set forth in Section 1, t
with respect to the decisional crite ia necessary for the adoption ofthe proposal:
1.
The proposed FW C text amendments are consistent with, and substantially implement, the
Federal Way Com rehensive Plan concept to preserve the natural environment by adopting
policies and regul ions to protect the quality of groundwater, aquifer recharge areas, and
wellhead protectio areas.
2.
I
I
The proposed ame dment bears a substantial relationship to public health, safety, and
welfare because it rovides regulations that will protect the City's drinking water supply.
These regulations stablish Critical Aquifer Recharge Areas and Wellhead Protection
Areas, within whi certain activities could present a risk of contaminating the City's
drinking water su ly. A review process is established for proposed activities within these
areas whereby pot ntial risks to drinking water can be identified and mitigated through the
environmental rev ew process.
I
The proposed FW C text amendments are in the best interest of the residents of the City
because they prove for increased protection of the residents' primary supply of drinking
water.
3.
Section 3. Amendment. FW C Chapters 18 and 22 are amended as set forth in the attached Exhibit A.
Section 4. Severability. Th provisions of this ordinance are declared separate and severable. The
invalidity of any clause, senten, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application the eof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or th validity of its application to any other persons or circumstances.
Ord No. 04 -468 Page 2
Section 5. Ratification. Any ct consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and af rmed.
Section 6. Effective Date.
his ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council fthe City of Federal Way at a regular meeting of the City Council on
the
16thdayof November
,2004.
APPROVED:
///7 ( ?(j:C
I ':...¿:¿ /2/
or, Dean McColgan
APPROVED AS TO FORM:
ORDINANCE No:
11/9/04
11/16/04
11/20/04
11/25/04
04-468
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
1:\2004 Code Amendments\Wellhead
Ordinance. doc/ II /9/2004 II :02 AM
tection\City Council\Exhibit A to Adoption Ordinance\2nd Reading Adoption
Ord No. 04 -468, Page 3
EXHIBIT A
TO A OPTION ORDINANCE
FE
ERAL WAY CITY CODE
HAPTER 22. ARTICLE I.
22-1
Definitions.
I
The following words, terms a phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except wh e the context clearly indicates a different meaning:
Abandoned means knowing re inquishment, by the owner, of right or claim to the subject property or
structure on that property, without ny intention of transferring rights to the property or structure to
another owner, tenant, or lessee, 0 of resuming the owner's use of the property. "Abandoned" shall
include but not be limited to circu stances involving tax forfeiture, bankruptcy, or mortgage foreclosure.
Abandoned personal wireless ervice facility means a PWSF that meets the following:
(1) Operation has volunta ly ceased for a period of 60 or more consecutive days; or
(2) The effective radiated ower of an antenna has been reduced by 75 percent for a period of 60
or more consecutive days; or
(3) The antenna has been
structure; or
(4) The number oftransm sions from an antenna has been reduced by 75 percent for a period of
60 or more consecutive days.
Accessory means a use, activi , structure or part of a structure which is subordinate and incidental to
the main activity or structure on t subject property.
Accessory dwelling unit (AD means either a freestanding detached structure or an attached part of a
structure which is subordinate and 'ncidental to the main or primary dwelling unit located on the subject
property, providing complete, ind endent living facilities exclusively for one single housekeeping unit,
including permanent provisions fo living, sleeping, cooking and sanitation.
ADU, attached means an acce sory dwelling unit that has one or more vertical and/or horizontal
walls, in common with or attached to the primary dwelling unit.
ADU, detached means a freest nding accessory dwelling unit that is not attached or physically
connected to the primary dwelling nit.
Accessory hardship dwelling it means an attached ADD which satisfies the criteria set forth in
FWCC 22-633. I
Accessory living facility mean an area or structure on the subject property, which is accessory to a
permitted use on a commercial su ect property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the bject property and that employee's family, or for the business
owner/operator and that person's mily.
Adjoining means property that ouches or is directly across a street from the subject property. For the
purpose of height regulations, any ortion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoi ng that zone.
Adult entertainment activity 0 use shall mean all of the following:
(1) Adult theater shall me a building or enclosure or any portion thereof used for presenting
material distinguished or character zed by an emphasis on matter depicting, describing or relating to
specified sexual activities or speci ed anatomical areas (defined as follows) for observation by patrons
therein and which excludes minor by virtue of age.
a. Specified anatomic areas shall mean böth of the following:
1. When less than ompletely and opaquely covered:
i. Human geni als or pubic region;
ii. Human bu ck;
iii. Human fe ale breast below a point immediately above the top of the areola;
located at a point less than 80 percent of the height of the support
2. Human male g itals in a discernibly turgid state, even if completely and opaquely
covered.
b. Specified sexual ac ivities shall mean all of the following:
1. Human genital in a state of sexual stimulation or arousal;
2. Acts of human asturbation, sexual intercourse or sodomy;
3. Fondling or ot r erotic touching of human genitals, pubic region, buttock or breast.
(2) Adult bookstore shall ean an establishment which in whole or in portion thereof has a
substantial or significant portion its stock and trade books, magazines or other periodicals, which are
distinguished or characterized by n emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified an omical areas" and which excludes minors by virtue of age.
(3) Adult cabaret shall m n a cabaret, nightclub or other establishment which features go-go
dancers, exotic dancers, strippers, ale or female impersonators, similar entertainers or attendants, who
are so clothed or dressed as to em hasize specified anatomical areas and/or whose performances or other
activities include or mimic specifi d sexual activities and which establishment excludes minors by virtue
of age.
Activities and uses defined as 'adult entertainment activity or use" are only permitted in the zone
where that term is specifically list d as an allowable use and only in conformance to the requirements as
stated for that use.
Agricultural use means any a icultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
Air rights means the right to, i some manner, control the use of the space above the surface of the
ground.
AKARTmeans ".. . all known vailable and reasonable methods of revention control and treatment"
as inte reted in the Washin ton ministrative Code WAC 173-201A-020 . This is a technolo -based
a roach to limitin ollutants fro wastewater dischar es which re uires both an en ineerin and
economic judgment.
Alluvium means soil deposits ansported by surface waters.
Antenna(s) means any system f electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit 0 receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limite to:
(1) Omni-directional (or' hip") antenna(s) transmits and receives radio frequency signals in a
360-degree radial pattern.
(2) Directional (or "pane') antenna(s) transmits and receives radio frequency signals in a
specific directional pattern of less han 360 degrees.
(3) Parabolic antenna(s) r "dish") antenna(s) is a bowl-shaped device for the reception and/or
transmission of communications s als in a specific directional pattern.
(4) Ancillary antenna is a antenna that is less than 12 inches in its largest dimension and that is
not directly used to provide perso I wireless communications services. An example would be a global
positioning satellite (GPS) antenn .
Applicant means both of the fì llowing, depending on the content:
(1) A person who applies r any permit or approval to do anything governed by this chapter,
which person must be the owner 0 the subject property, the authorized agent of the owner, or the city.
(2) Any person who is en ging in an activity governed by this chapter or who is the owner of
property subject to this chapter.
A ui er means a water-bearin
groundwater to wells or springs.
Average building elevation (A E) means a reference datum on a subject property from which
building height is measured. ABE s the average of the highest and lowest existing or proposed
elevations, whichever is lowest, ta en at the base of the exterior walls of the structure; provided, that ABE
shall not be greater than five feet ove the lowest existing or proposed elevation.
ificant amount of
FWCC - Section 22-1, Definitions
Page 2
Average slope means the aver ge grade of land within each land area representing a distinct
topographical change.
Backfill means material place into an excavated area, pit, trench or behind a constructed retaining
wall or foundation.
BMP's or Best Mana ement actice s means maintenance measures and 0 erational ractices that
are considered the most effective ractical means of reventin or reducin ollution from non oint or
oint sources. BMPs are defined trade or anizations overnment a encies and other or anizations
involved in ollution revention a d environmental re ulation.
Building means a roofed struc re used for or intended for human occupancy.
Building mounted signs mean all of the following: Wall-mounted signs, marquee signs, under
marquee signs and projecting sign .
Bulkhead means a wall or em nkment used for retaining earth.
Business or vocational school eans a post-secondary institution that offers instruction in business
principles and practices that will e hance one's ability to perform in a business setting, i.e., secretarial,
accounting, purchasing, computer rogramming or usage, or training in fields such as health services,
restaurant management, real estat beautician training, or professional training or continuing education in
these or similar fields.
Cell-on-wheels (C-O-W) mea a mobile temporary personal wireless service facility.
Cemetery means land used or tended to be used for the burial of the dead and dedicated for
cemetery purposes, including colu bariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction wit and within boundaries of such cemetery.
Change of use means a chang of use determined to have occurred when it is found that the general
character of the operation has bee modified. This determination shall include review of, but not be
limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation;
(4) General appearance;
(5) Type, extent or amoun of indoor or outdoor storage; and
(6) Constituents of surfac water discharge or runoff.
Church, synagogue or other p ce of religious worship means an establishment, the principal purpose
of which is religious worship and r which the principal building or other structure contains the
sanctuary or principal place ofwo hip, and which establishment may include related accessory uses.
Class I home occupation mea those home businesses that qualify as home occupations under this
zoning chapter, except family chil care homes.
Class II home occupation mea s those family child care homes that qualify under FWCC 22-1069.
College or university means a ost-secondary institution for higher learning that grants associate or
bachelor degrees and may also ha research facilities and/or professional schools that grant master and
doctoral degrees. This may also in lude community colleges that grant associate or bachelor degrees or
certificates of completion in busin ss or technical fields.
Collocation means the placem nt and arrangement of multiple providers' antennas and equipment on
a single support structure or equip ent pad area.
Commercial recreation facilit means an indoor facility and use operated for profit, with private
facilities, equipment or services fo recreational purposes including swimming pools, tennis courts,
playgrounds and other similar use The use of such an area may be limited to private membership or may
be open to the public upon the pa ent of a fee.
Commercial use means the us s allowed in the commercial zones and not permitted in any other
zones of the city. I
Commercial zones means the N, BC, CC-C and CC-F zoning districts.
FWCC - Section 22-1, Definitions
Page 3
Common recreational open sp ce usable for many activities means any area available to all of the
residents of the subject property t t is appropriate for a variety of active and passive recreational
activities (including activities suit Ie for all age groups) and is not:
(1) Covered by buildings r parking or driving areas.
(2) Covered by any veget ion that impedes access.
(3) On a slope that is too eep for recreational activities.
Community recreation area 0 clubhouse means an area devoted to facilities and equipment for
recreational purposes, such as swi ing pools, tennIS courts, playgrounds, community clubhouses and
other similar uses, which area is intained and operated by a nonprofit club or organization whose
membership is limited to the resid nts within a specified development or geographic area.
Comprehensive plan means th ordinances of the city, as adopted and amended from time to time,
under RCW 35A.63.060 through A.65.080 and the shoreline master program.
Contour line means the interc nnection of points having the same height above sea level.
Convalescent center means a inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illnes or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disab ities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
Critical a ui er rechar e are
infiltration. These areas are h dro
otential includin but not limite
rotection oundwater mana em
rechar in effect on a uifers used
Cross-section (drawing) mea
other three-dimensional form. I
Curb cut means the connectio I
the curb by lowering the height of
Day care facility means the te
on a regular, recurring basis. I
Dedication means the deliber e appropriation of land by its owner for public use or purpose,
reserving no other rights than thos that are compatible with the full exercise and enjoyment ofthe public
uses or purpose to which the prop has been devoted.
Deleterious substance include but is not limited to chemical and microbial substances that are
classified as hazardous materials der FWCC 22-1 "hazardous materials" whether the substances are in
usable or waste condition that ha the otential to ose a si ificant oundwater hazard or for which
monitorin re uirements of trea nt based standards are enforced under Cha ter 246-290 WAc.
Development activity means a y work, condition or activity which requires a permit or approval
under this chapter or the city's bu' ding code.
Development permit means a permit or approval under this chapter or the city's building code that
must be obtained before initiating use or development activity.
Domestic animal means an an mal which can be and is customarily kept or raised in a home or on a
farm.
Domestic violence shelters m ns housing for adult women or men and their dependent children, if
any, who are victims of domestic iolence perpetrated by the spouse, domestic partner or significant other
of the adult victim. I
Dredging means removal of e rth and other materials from the bottom of a body of water or
watercourse or from a wetland.
Dredging spoils means the ea h and other materials removed from the bottom of a body of water or
watercourse or from a wetland by redging.
Driveway means an area ofth subject property designed to provide vehicular access to a parking
area or structure located on the su ~ect property.
of a driveway with a street, which may entail a structural alteration to
art ofthe curb.
porary, nonresidential care of persons in a residence or other structure
FWCC - Section 22-1, Definitions
Page 4
Dry land means the area ofth subject property landward of the high water line.
Dwelling unit means one or re rooms in a structure or structures, excluding mobile homes,
providing complete, independent ving facilities exclusively for one family, including permanent
provisions for living, sleeping, co king and sanitation. A factory-built home or manufactured home is
considered a dwelling unit under t is chapter only if it meets the standards and criteria of a designated
manufactured home established i RCW 35A.63 .145. There are the following three types of dwelling
units:
(1) Dwelling unit, attache, means a dwelling unit that has one or more vertical walls in common
with or attached to one or more ot er dwelling units or other uses and does not have other dwelling units
or other uses above or below it.
(2) Dwelling unit, detach, means a dwelling unit that is not attached or physically connected to
any other dwelling unit or other u .
(3) Dwelling unit, stacke means a dwelling unit that has one or more horizontal walls in
common with or attached to one 0 more other dwelling units or other uses and may have one or more
vertical walls in common with or djacent to one or more other dwelling units or other uses.
Easement means land which s specific air, surface or subsurface rights conveyed for use by
someone other than the owner of t e subject property or to benefit some property other than the subject
property. I
EMF means electromagnetic eld, which is the field produced by the operation of equipment used in
transmitting and receiving radio fì quency signals.
Equipment shelter means the cture associated with a PWSF that is used to house electronic
switching equipment, cooling syst m and back-up power systems.
Erosion and deposition mean the removal of soils and the placement of these removed soils
elsewhere by the natural forces of ind or water.
Essential public facility is any facility or conveyance which has the following attributes:
(1) It is typically difficult. 0 site due to unusual site requirements and/or significant public
. . I
opposItIon; :
(2) It is necessary compoti nt of a system, network or program which provides a public service or
good;
(3) It is owned or operate
organization under contract with
service obligation;
(4) It meets a general an r specific category for facility types or individual facilities listed
below in Class I and Class II esse ial public facilities.
a. Qlass I: Facilities 0 a county, regional or state-wide nature. Those essential public
facilities intended to serv a population base that extends significantly beyond the boundaries of
the city, and which may i lude several local jurisdictions or a significant share of the Puget
Sound regional populatio Such facilities may include, but are not limited to, the following:
1. State or region education facilities (except minor branch facilities).
i. Research fa ilities;
ii. University ranch campuses;
iii. Communi college.
2. State or region transportation facilities.
i. Light and/o standard rail lines;
ii. Commuter erminals;
iii. Transit ce ters;
iv. Park and e lots in residential zones.
3. State or region correctional facilities.
4. Solid waste ha ling facilities (large scale).
i. Transfer sta ion;
by a unit of local or state government, private or nonprofit
receiving government funding, or private firms subject to a public
FWCC - Section 22-1, Definitions
Page 5
ii. Recycling enter.
5. Sewage treatm nt plants.
6. Power plants.
b. Class II: Facilities f a local nature. Those essential public facilities that are intended to
meet the service needs of he local community. In any cases local facilities are characterized by
providing some type of in patient care, assistance, or monitoring. Such facilities may include, but
are not limited to, the foIl wing:
1. Substance abu facilities.
2. Mental health cilities.
3. Group homes/s ecial need housing.
4. Local schools.
i. Elementary chool.
ii. Middle sc 01.
iii. High scho 1.
5. Social service ansitional housing.
i. Domestic v 1ence shelter.
ii. Homeless elter.
iii. Work-rele se.
Excavate or excavation mean the mechanical removal of soils and/or underlying strata.
Family means an individual 0 two or more individuals related by not more than four degrees of
affinity or consanguinity and incl ing persons under legal guardianship, or a group of not more than five
persons who are not related by fo or fewer degrees of affinity or consanguinity; provided, however, that
any limitation on the number of r idents resulting from this definition shall not be applied if it prohibits
the city from making reasonable a commodations to disabled persons in order to afford such persons
equal opportunity to use and enjo a dwelling as required by the Fair Housing Amendments Act of 1988,
42 use 3604(f)(3)(b).
Family child care home mean a business regularly providing care during part of the 24-hour day to
12 or fewer children (including th children of the day care provider) in the family abode of the person or
persons under whose direct care t children are placed.
Fast food restaurant means a establishment which offers quick food service which is accomplished
through one or more of the follow g mechanisms:
(1) Limited menu of easil produced items.
(2) Orders are not taken a the customer's table.
(3) Food is served in disp sable wrappings or containers.
Fence means a manmade ba r or wall constructed for the purpose of enclosing space or separating
parcels of land.
Fill material means dirt, struc al rock or gravel, broken concrete and similar structural substances
customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel
placed on the surface of the groun .
Finished grade means the fin contour of the land surface prior to landscaping.
Floor means the horizontal su face inside a structure designed and intended for human use and
occupancy.
Geologically hazardous area means areas which because of their susceptibility to erosion, land-
sliding, seismic or other geologic events are not suited to siting commercial, residential or industrial
development consistent with publ health or safety concerns. Geologically hazardous areas include the
following areas: I
(1) Erosion hazard areas re those areas having a severe to very severe erosion hazard due to
natural agents such as wind, rain, plash, frost action or stream flow.
(2) Landslide hazard are are those areas potentially subject to episodic downslope movement
of a mass of soil or rock includin but not limited to, the following areas:
FWCC - Section 22-1, Definitions
Page 6
a. Any area with a co bination of:
1. Slopes greater an 15 percent;
2. Permeable sedi ent, predominately sand and gravel, overlying relatively impenneable
sediment or bedrock, ically silt and clay; and
3. Springs or gro dwater seepage.
b. Any area which ha shown movement during the holocene epoch, from 10,000 years ago to
present, or which is under in by mass wastage debris of that epoch.
c. Any area potentiall unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave acti n.
d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flow or flooding.
e. Those areas identifi d by the United States Department of Agriculture Soil Conservation
Service as having a sever limitation for building site development.
f. Those areas mappe as class U (unstable), UOS (unstable old slides), and URS (unstable
recent slides) by the Depa ent of Ecology.
g. Slopes having grad nts greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas e those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaki , slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas u erlain by cohesionless soils oflow density usually in association with
a shallow groundwater table.
(4) Steep slope hazard are s are those areas with a slope of 40 percent or greater and with a
vertical relief of 10 or more feet, vertical rise of 10 feet or more for every 25 feet of horizontal distance.
A slope is delineated by establishi g its toe and top, and measured by averaging the inclination over at
least 10 feet of vertical relief. I
Glare means both of the folIo ing:
(1) The reflection of hars bright light.
(2) The physical effect res lting from high luminances or insufficiently shielded light sources in
the field of view.
Government facility means a e consisting of services and facilities operated by any level of
government, excluding those uses isted separately in this chapter.
Gross floor area means the to I square footage of all floors, excluding parking area, in a structure as
measured from either the interior face of each exterior wall of the structure or, if the structure does not
have walls, from each outer edge the roof. Certain exterior areas may also constitute gross floor area.
Ground floor means the floor f a structure that is closest in elevation to the finished grade along the
facade of the structure that is prind pally oriented to the street which provides primary access to the
subject property. I
Groundwater means water tha occurs in subsurface 0 enin s in the earth such as the s aces between
articles in unconsolidated de osi or alon fractures in consolidated de osits.
Groundwater contamination eans the resence of an substance desi ated b the U.S.
Environmental Protection A enc EPA or the State of Wash in ton De artment of Ecolo DOE as a
or seconda water uali arameter in excess of the maximum allowable containment level
(MCL).
Group home type II means ho sing for juveniles under the jurisdiction of the criminal justice system.
Such groups include state-license group care homes or halfway homes for juveniles which provide
residence in lieu of sentencing or i carceration, halfway houses providing residence to juveniles needing
correction, or for those selected to articipate in state-operated work release and pre-release programs. The
director of community developme t services shall have the discretion to classify a group home proposing
to serve juveniles convicted of the ffenses listed under group home type III in this section as a group
home type III, and any such home hall be sited according to the regulations contained within type III
classification.
FWCC - Section 22-1, Definitions
Page 7
Group homes type II-A: Maxi um number of 12 residents including resident staff.
Group homes type II-B: Thirteen more residents including residential staff. Maximum number to be
determined on a case-by-case basi.
The limitation on the num er of residents in a group homes type II shall not be applied if it
prohibits the city from making rea onable accommodations to disabled persons in order to afford such
persons equal opportunity to use a d enjoy a dwelling as required by the Fair Housing Amendments Act
of 1988, 42 USC 3604(f)(3)(b).
Group homes type III means h using for adults that have been convicted of a violent crime against a
person or property, or have been c nvicted of a crime against a person with a sexual motivation, or have
been convicted or charged as a se al or assaultive violent predator. These individuals are under the
jurisdiction of the criminal justice ystem or have entered a pre- or post-charging diversion program. Such
groups involve individuals selecte to participate in state-operated work/training release and pre-release
programs or similar programs. Su category does not include full-time detention facilities.
Gymnasium means a room or uilding equipped for sports, which must be accessory to a school
facility, health club, social service lub such as the Boys and Girls Club, or similar facility. A gymnasium
may also be used as an auditorium 0 hold concerts and other performing arts.
Hardship means a current or i pending health condition which requires a person to live in close
proximity to, and/or share housin with a caregiver.
Hazardous li uid means: a troleum etroleum roducts or anh drous ammonia as those terms
are defined in 49 c.F.R. Part 195 i effect March I 1998' and b carbon dioxide.
Hazardous materials means a material either sin ularl or in combination that is a h sical or
health hazard as defined and class' led in the International Fire Code whether the materials are in usable
or waste condition' and an mater 1 that ma de ade oundwater ualit when im ro erl stored
handled treated used roduced c cled dis osed of or otherwise mismana ed. Hazardous materials
shall also include an hazardous ste hazardous substance dan erous waste or extremel hazardous
waste that is a h sical or health h zard as defined or classified in Cha ter 70.105 RCW and Cha ter 173-
303 WAC whether the materials e in usable or waste condition. Hazardous materials shall also include
etroleum or etroleum roducts t at are in a li uid hase at ambient tem eratures includin an waste
oils or sludge.
Hazardous waste means all d
composed of radioactive and haza
Hazardous waste storage mea
173-303-040(85)).
Hazardous waste treatment mans the physical, chemical or biological processing of dangerous
wastes to make such wastes nond gerous or less dangerous, safer for transport, amenable for energy or
material resource recovery, amen Ie for storage or reduced in volume (see WAC 173-303-040(97)).
Heat means added energy tha causes substances to rise in temperature, fuse, evaporate, expand or
undergo any other related change.
Heavy equipment means high apacity mechanical devices for moving earth or other materials,
mobile power units, including but ot limited to carryalls, graders, loading/unloading devices, cranes,
drag lines, trench diggers, tractors ver 80 HP, augers, caterpillars, concrete mixers and conveyors,
harvesters, combines, or other maj r agricultural equipment, and similar devices operated by mechanical
power as distinguished from man wer.
Height of structure means the ertical distance above the average building elevation measured to the
highest point of a flat roof or to th deck line of a mansard roof, or to the mid-point between eave and
ridge of the highest principal roof fa gable, hip, gambrel, or similar sloped roof. For single-family
residential structures where the to I area of dormers exceeds 35 percent of the total area ofthe underlying
sloped roof, height will be measur d to the ridge of the highest principal gable.
High density residential zone means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2,
RS 9.6, and comparable zones in er jurisdictions.
gerous and extremely hazardous waste, including substances
ous components (see Chapter 70.105 RCW).
s the holding of dangerous waste for a temporary period (see WAC
FWCC - Section 22-1, Definitions
Page 8
Home occupation means an 0 upation, enterprise, activity or profession which is incidental to a
residential use, which is carried 0 for profit or customarily carried on for profit and which is not an
otherwise permitted use in the zon in which it occurs.
Horizontal dimension means t e length of the facade of a structure as measured along a plane,
excluding eaves which extend out' 0 more than 18 inches from the exterior walls of the structure.
Hospital means an institution pro ding primary health services and medical or surgical care to persons,
primarily inpatients, suffering fro illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including, s an integral part of the institution, related facilities such as
laboratories, outpatient facilities, tended care facilities and/or training facilities.
Hotel or motel means a single uilding or group of buildings containing individual sleeping units
intended for transient occupancy. I
Improvement means any struc e or manmade feature.
Industrial use means the uses llowed in the industrial zones and not permitted in any other zones of
the city. I
Industrial zones means the B zoning district.
Inoperable motor vehicle shal be any vehicle that has been in a stationary position for more than 14
days, is apparently inoperable or r quires repairs in order to be operated legally on the public roads or is
unable to move a distance of 10 fe t on level pavement under its own power.
Institutional uses mean the fol owing uses: Schools, churches, colleges, hospitals, parks,
governmental facilities and public tilities.
Irrevocable license means a itten irrevocable permission given by a property owner to the city for
specified purposes. I
Issuance, when used with res ct to a decision of the director of community development services or
a decision of the hearing examine issued under this chapter, means the date that is three days after the
date the written decision of the di ctor or hearing examiner is mailed. Proof of mailing shall be by
affidavit or by declaration under pi nalty of perjury.
Issuance, when used with res ct to a city council decision made by ordinance or resolution while
sitting in a quasi-judicial capacit means the date on which the council passes the ordinance or
resolution, as evidenced by the da of passage indicated on the face of the ordinance or resolution.
Junk means old or scrap meta rope, rags, batteries, paper, rubber, machinery, scrap wood, debris,
trash, or junked, dismantled, wrec ed or inoperable motor vehicles or parts thereof.
Junk or junked vehicle means any ehicle substantially meeting at least two of the following conditions:
(1) Is extensively damage, such damage including but not limited to any of the following: A
broken window or windshield or issing wheels, tires, motor, or transmission;
(2) Is apparently inoperab e;
(3) Is without a current, v lid registration plate.
Junkyard means a property or lace of business which is maintained, operated or used for storing,
keeping, buying, selling or salvag g junk.
Kennel means an establisbme t, generally retail in nature, which houses, cares for, breeds, raises or
sells dogs or cats.
Land surface modification me ns the clearing or removal of trees, shrubs, groundcover and other
vegetation and all grading, excav ion and filling activities.
Landscaping means the pI anti g, removal and maintenance of vegetation along with the movement
and displacement of earth, topsoil rock, bark and similar substances done in conjunction with the
planting, removal and maintenanc of vegetation.
Landward means toward dry nd.
Linear frontage of subject pr erty means the frontage of the subject property adjacent to all open,
improved rights-of-way other tha Interstate 5. If the subject property is not adjacent to an open,
improved right-of-way, linear fro' age means the frontage of the subject property on any public access
FWCC - Section 22-1, Definitions
Page 9
easements or tracts which serve th subject property and adjacent unopened and/or unimproved rights-of-
way.
Lot means a parcel of land hav ng fixed boundaries described by reference to a recorded plat, by
reference to metes and bounds, or y reference to section, township and range.
Low density use means a detac ed dwelling unit on a subject property that contains at least five acres.
Low density zone means the fo lowing zones: SE and comparable zones in other jurisdictions.
Major stream means any strea ,and the tributaries to any stream, which contains or supports, or
under normal circumstances conta' s or supports, resident or migratory fish. If there exists a natural
permanent blockage on the stream ourse which precludes the upstream movement of anadromous
salmonid fish, then that portion of he stream which is downstream of the natural permanent blockage
shall be regulated as a major strea .
Manufactured homes means a actory-built structure transportable in one or more sections which is
built on a permanent chassis and d signed to be a dwelling with or without a permanent foundation when
connected to required utilities. A anufactured home shall be built to comply with the National
Manufactured Home Construction nd Safety Standards Act of 1974 (regulations effective June 15,
1976). I
Maximum lot coverage means he maximum percentage of the surface of the subject property that
may be covered with materials wh h will not allow for the percolation of water into the underlying soils.
See FWCC 22-955 et seq. for fort r details.
Mean sea level means the leve ofPuget Sound at zero tide as established by the u.S. Army Corps of
Engineers. .
Medium density zones means t e following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
Microcell means a wireless co munication facility consisting of an antenna that is either:
(1) Four feet in height and ith an area of not more than 580 square inches; or
(2) If a tubular antenna, n more than four inches in diameter and no more than six feet high.
Minor facility means a wireles communication facility consisting of up to three antennas, each which
is either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, n more than four inches in diameter and no more than six feet in length;
and the associated equipment cabi et that is six feet or less in height and no more than 48 square feet in
floor area. I
Minor stream means any strea that does not meet the definition of "major stream."
Moorage facility means a pier dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
Multiuse complex means all 0 the following: A group of separate buildings operating under a
common name or management; orl single building containing multiple uses where there are specific
exterior entranceways for individu 1 uses; or a group of uses on separate but adjoining properties that
request treatment as a multiuse co plex.
Natural features mean physic characteristics of the subject property that are not manmade.
Natural materials means mat ials chemically unaltered from their natural state.
Noise means the intensity, dur tion and character of sound from any and all sources.
Nonconformance means any u¡ e, structure, lot, condition, activity or any other feature or element of
private or public property or the u e or utilization of private or public property that does not conform to
any of the provisions ofthis chapt r or that was not approved by the city of Federal Way through the
appropriate decision-making proc ss required under this chapter.
Nonliving groundcover mean gravel, chipped bark or similar nonpolluting material through which
water can freely percolate to the s il beneath.
Normal maintenance means n rmal maintenance includes interior and exterior repairs and incidental
alterations. Normal maintenance d repair may include, but is not limited to, painting, roof repair and
FWCC - Section 22- I, Definitions
Page 10
replacement, plumbing, wiring an electrical systems, mechanical equipment replacement and
weatherization. Incidental alterati s may include construction of non bearing walls or partitions.
Nursing home. See "Convales ent center."
Occupant means a person that legally occupies a structure or property.
Odor means stimulus affectin the olfactory nerves.
Office use means a place of e ployment providing services other than production, distribution, sale
or repair of goods or commodities The following is a nonexclusive list of office uses: Medical, dental or
other health care; veterinary, acco nting, legal, architectural, engineering, consulting or other similar
professional services; manageme , administrative, secretarial, marketing, advertising, personnel or other
similar personnel services; sales 0 fices where no inventories or goods are available on the premises; real
estate, insurance, travel agent, loa companies, brokerage or other similar services. The following uses
are specifically excluded from the efinition of office: Banks, savings and loan companies and similar
financial institutions.
Office zones means the PO, 0 and CP-l zoning districts.
Official notification boards 0 the city means the bulletin boards in the public areas of City Hall and
other public locations as designat by city council.
On-site hazardous waste trea ent and storage facilities mean facilities which treat and store
hazardous wastes generated on th same lot or geographically contiguous or bordering property. Travel
between two properties divided b a public right-of-way, and owned, operated or controlled by the same
person, shall be considered on-sit travel if:
(1) The travel crosses the 'ght-of-way at a perpendicular intersection; or
(2) The right-of-way is c trolled by the property owner and is inaccessible to the public (see
WAC 173-303-040(39)).
I
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and sub ission of evidence and information, under procedures prescribed by
the city's hearing examiner or the) ity council. An open record hearing may be held prior to the city's
decision on an application, or as rt of an appeal.
Open space means land not c vered by buildings, roadways, parking areas or other surfaces through
which water cannot percolate into he underlying soils.
Ordinary high water mark m ns, on lakes, streams and tidal waters, that mark that will be found by
examining the bed, banks or shor and ascertaining where the presence and action of waters are so
common and usual, and so long c ntinued in ordinary years, as to mark upon the soil or land a character
distinct from that of the abutting lands; provided, that any tidal area where the ordinary high water
mark cannot be found based on t previous text of this definition, the ordinary high water mark shall be
the line of mean high tide. I
Outdoor means not contained within a building.
Outdoor storage means any aterial or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and no enclosed within a building.
Owner means, in reference to eal property, the person or persons holding fee title to the property as
well as the purchaser or purchase under any real estate contract involving the real property.
Parking area means any area esigned and/or used for parking vehicles.
Parking space means an area hich is improved, maintained and used for the sole purpose of
temporarily accommodating a m~ or vehicle that is not in use.
Person means any individualj partnership, association, corporation, unit of government or any other
legal entity.
Personal wireless services mans commercial mobile services, unlicensed wireless services, and
common carrier wireless exchan access services, as defined by federal laws and regulations.
Personal wireless servicefac ity (PWSF) means a wireless communication facility, including a
microcell, that is a facility for the ansmission and/or reception of radio frequency signals, and which
I
I
I
FWCC - Section 22-1, Definitions
Page II
may include antennas, equipment elter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and recep on and transmission devices and antennas.
Preapplication conference me ns a meeting, between an applicant and members of the development
review committee, which is held p ior to formal application, during which the project is discussed relative
to city and other pertinent codes a or regulations.
Primary dwelling unit means t e main structure located on the subject property which is
distinguishable ITom any accesso dwelling unit because it is greater in total square footage.
Primary vehicular access mea s the major street from which the majority of vehicles enter the subject
property .
Principal use means the prima or predominant use of any lot or parcel.
Private club means an associa . on of persons organized for some common purpose, but not including
groups organized primarily to sell erchandise or render a service which is customarily carried on as a
business.
Property line means those lin enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adjacent to a right-of-way which is more
than 21 feet in width, excluding In erstate 5. If the subject property is adjacent to more than one right-of-
way which is more than 21 feet in idth, the applicant shall designate which of the adjacent property lines
is the front property line and the r ainder of such adjacent property lines will be considered as either a
rear property line or side property ine, based on the definition in this section. If the subject property is not
adjacent to a right-of-way which i more than 21 feet in width, then the front property line is the property
line adjacent or principally oriente to the street providing primary vehicular access to the subject
property, as determined by the dir ctor of the department of community development.
(2) The rear property line s any property line that is farthest from, and essentially parallel to, the
front property line. I
(3) The side property line I s any property line other than a front property line or a rear property
line. :
Public park means a natural o' landscaped area, provided by a unit of government, to meet the active
or passive recreational needs of p pIe.
Public utility means the facilit es of a private business organization such as a public service
corporation, or a governmental ag ncy performing some public service and subject to special
governmental regulations, the se ces which are paid for directly by the recipients thereof. Such services
shall include but are not limited to Water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and frei ht. The term also includes broadcast towers, antennas and related
facilities operated on a commerci basis.
Public works director means t e director of the department of public works of the city.
uali led roundwater scientl t means a h dro- eolo ist or en ineer who meets the followin
criteria:
FWCC - Section 22-1, Definitions
Page 12
Regulated wetlands see the d mition of "re lated wetlands" under the definition of "wetlands."
means:
ef
Relative means persons conne ted through blood, marriage or other legal relationships by not more
than four degrees or affinity or co sanguinity and including persons under legal guardianship.
Required yards means the are s adjacent to and interior from the property lines and high water mark
of a lot. If two or more required y ds are coincidental, the area will be considered the required yard with
the greater dimension. Required y rds are categorized as follows:
(1) Front. That portion of lot adjacent to and parallel with the front property lines and at a
distance therefrom equal to the re uired front yard depth.
(2) Rear. That portion of lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required re r yard depth.
(3) High water line yard. at portion of a lot adjacent to and parallel with the high water mark
and at a distance landward therefr m established in this chapter.
(4) Side. That portion of lot adjacent to and parallel with each side property line and at a
distance therefrom equal to the re uired side yard depth. All required yards not otherwise categorized
shall be designated side yards.
Residential use means develo ments and occupancy in which persons sleep and prepare food, other
than developments used for transi nt occupancy.
Residential zone means the fo lowing zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6,
RM 2.4, RM 1.8 and comparable ones in other jurisdictions.
Restaurant or tavern means c mmercial use (excluding fast food restaurants) which sells prepared
food or beverages and generally fì r consumption on the premises.
FWCC - Section 22-1, Definitions
Page 13
Retail establishment means a
the consumer, where such goods a
the purchaser.
Retail sales, bulk, means a ret I establishment engaged in selling goods or merchandise to the general
public as well as to other retailers, ontractors, or businesses, and rendering services incidental to the sale
of such goods. Bulk retail involve a high volume of sales of related and/or unrelated products in a
warehouse setting and may includ membership warehouse clubs, i.e., "big box" retail. Bulk retail is
differentiated from general retail b any of the following characteristics:
(1) Items for sale includ large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating lxtures and supplies, wholesale and retail nursery stock, etc.; and may
also include a variety of carry out oods, e.g., groceries, household, and personal care products;
(2) A large inventory of oods and merchandise is stored on the subject site in high-ceiling
warehouse areas, high-rack displa , and/or outdoor storage areas; and
(3) High volume truck ffic, regular pick up and delivery of large items, a designated
contractor pick-up area, and high rking to building ratios.
Retail sales, general and specl lty, is differentiated from bulk retail by the size of the building, size of
items purchased and sales volume. General and specialty retail includes the sale of smaller items such as
groceries, drug store sundries, spe ialty hardware, paint supplies, and sports equipment, etc. Typically not
a discount or volume warehouse s reo Typical user is the general public.
Right-of-way means land dedi ated or conveyed to the public or a unit of government, the primary
purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent
parcels, with the secondary purpo of providing space for utility lines and appurtenances and other
devices and facilities benefiting th public.
Right-of-way realignment me s the changing of the horizontal position of the improvements in a
right-of-way.
Roojline means the line forme by the outside of the gable of the roof, or if the roof is flat or mansard,
the top of the roof or mansard.
Runoff means the overland or ubsurface flow of water.
Schools means institutions of arning, excluding those offering post-secondary education, offering
instruction in the several branches f learning and study required by the Basic Education Code of the
State of Washington to be taught i public, private and parochial schools, including those disciplines
considered vocational, business-re ated, or trade in nature.
Shared access points means a ommon point of vehicle access from a street to more than one lot or
use. I
Significant natural vegetation I eans any area containing a concentration of significant trees; any area
of significant biological importan ; and any area containing dense, mature, native vegetation.
Significant trees. A "significa t tree" shall be defined as:
(1) Twelve inches in dia ter or 37 inches in circumference measured four and one-half feet
above ground; and I
(2) In good health; and I
(3) Not detrimental to the ommunity (e.g., is not diseased, dying, or likely of falling into public
open space or right-of-way, etc.) obscuring safe sight distance requirements. Significant trees shall not
include red alder, cottonwood, po lar or big leaf maple.
Silt or sediment means the soi particles mobilized and deposited by the processes of erosion and
deposition. i
Single housekeeping unit mea s an individual or two or more individuals related by not more than
four degrees of affinity or consan uinity and including persons under legal guardianship, or a group of
not more than three persons who e not related by four or fewer degrees of affinity or consanguinity,
provided, however, that any limit ion on the number of residents resulting from this definition shall not
be applied if it prohibits the city m making reasonable accommodations to disabled person in order to
FWCC - Section 22-1, Definitions
mmercial enterprise which provides goods and/or services directly to
available for immediate purchase and removal from the premises by
Page 14
afford such persons equal opportu ity to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988, 42 US 3604(t)(3)(b).
Single-use building means a b ilding which contains one use.
Small animals mean dogs, cat birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.),
foxes, bobcats and similar small w Id animals.
Social service transitional ho ing means facilities other than offices and group homes as defined in
this chapter, operated by a nonpro t social service agency, licensed as required by the state, providing
temporary and transitional housin to individuals on an as-needed basis including, but not limited to,
emergency shelters, homeless shel ers, and other such crisis intervention facilities. This classification
includes domestic violence shelter as defined herein, except that such shelters wherein the total number
of residents does not exceed the m ximum number allowed under the "family" definition, may be
permitted outright in all residentia zones.
Type A: Maximum numbe of residents to be consistent with the maximum number of unrelated
adults allowed under the zoning d mition offamily.
Type B: All social service ansitional housing not meeting the definition of "Type A," above.
Maximum number to be determin on a case-by-case basis.
The limitation on the num er of residents in social service transitional housing shall not be
applied if it prohibits the city fro making reasonable accommodations to disabled persons in order to
afford such person equal opportun ty to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988, 42 US 3604(t)(3)(b).
Special needs housing means ousing not specifically defined by this chapter, and which will be
processed under the classification ost closely related to the proposed use, as determined by the director
of community development servic s.
State Environmental Policy A t means Chapter 43.21 C RCW.
Storm drainage means the mo ement of water, due to precipitation, either surficially or
subsurficially. I
Story means the area or a stru re between the floor and the horizontal supporting members of the
ceiling directly above that floor. I a floor is, on average, at least three feet below finished grade, the area
between that floor and the ceiling irectly above is not a story.
Stream means a course or rou , formed by nature, including those which have been modified by
humans, and generally consisting f a channel with a bed, banks or sides throughout substantially all its
length, along which surface water naturally and normally flow in draining from higher to lower
elevations. A stream need not con in water year round. In a developing setting, streams may run in
culverts or may be channeled in a oncrete, rock or other artificial conveyance system. This definition is
not meant to include irrigation dit hes, stormwater facilities or other artificial watercourses unless they
are used by resident or anadromo salmonid fish, or the feature was constructed to convey natural
streams which existed prior to co truction of the watercourse.
Street means both of the folIo ing:
(1) A public right-of-way
(2) A vehicular access ea ment or tract.
Street providing direct vehicl access means the street from which a vehicle can enter the subject
property without traversing anoth r street or piece of property. In the case of a multiuse complex, the
street providing direct vehicular a cess is the exterior street that borders the complex and not an internal
street surrounded by the complex.
Structure means anything wh
piece of work artificially built up
Structural alterations means
Structured parking means pa
above- or below-grade. Structure
FWCC - Section 22-1, Definitions
h is built or constructed, an edifice or building of any kind or any
r composed of parts joined together in some definite manner.
y change in the supporting member of a building or structure.
ing provided on more than one level and within a structure, either
parking shall not include a surface parking lot.
Page 15
Subject property means the ent re lot or parcel, or series of lots or parcels, on which a development,
activity or use is or will locate or 0 which any activity or condition regulated by or subject to this chapter
is or will occur or take place.
Support structure means any b ilt structure, including any guy wires and anchors, to which antenna
and other necessary associated har ware is mounted. Support structures may include the following:
(1) Lattice tower. A suppo structure which consists of a network of crossed metal braces,
forming a tower which is usually angular or square in cross-section.
(2) Guy tower. A support s cture such as a pole or narrow metal framework which is held erect
by the use of guy wires and anchor.
(3) Monopole. A support s cture which consists of a single steel or wood pole sunk into the
ground and/or attached to a concre pad.
(4) Existing nonresidentia structure. Existing structures to which a PWSF may be attached with
certain conditions. I
Temporary personal wireless ~ rvice facility means a personal wireless servic.e facility which is to be
placed in use for a limited period 01 time, is not deployed in a permanent manner, and does not have a
permanent foundation. I
Tenant improvement means an work, improvement or remodeling completely within the interior of a
building necessary to meet the va . d requirements of continuing or succeeding tenants.
Threshold determination mea the decision by the responsible official (the community development
services director) whether or not a environmental impact statement (ElS) is required for projects that are
not categorically exempt under the State Environmental Policy Act (SEP A).
Topsoil means the uppermost ata of soil containing a large percentage of organic materials and
which is capable of providing suit Ie nourishment for vegetation.
Trade school means a post-se ndary institution that trains persons for qualification in specific trades
or occupations, i.e., mechanics; co struction trades such as carpentry, HV AC, and wiring; electronics
repair and service including comp ters; plumbing; chefs and culinary training; upholstery; bartending.
Traffic control devices means igns, signals, stripes and other mechanical or graphic items which
control the flow, direction or spee of vehicular and pedestrian traffic.
Use means the nature of the aq ivities taking place on private property or within structures thereon.
Each separate listing under the "U e" column in FWCC 22-596 through 22-878 is a separate use.
Vehicle service station means commercial use supplying petroleum products that are for immediate
use in a vehicle. I
Vehicle storage area means a outside area which is used for the storage and/or display of operational
vehicles.
Vehicular access easement or I ract means privately owned land used and legally committed, through
easements, plat restrictions or sim ar mechanisms, to providing access for vehicles and pedestrians to
properties other than the property ithin the tract or easement. It may also provide space for utility lines
and appurtenances and other de vi s and facilities benefiting nearby properties or the public.
Waterward means toward the odyofwater.
Well means a hole or shaft su into the earth to ta an under ound su I of water.
Wellleid means an area conta in two or more wells with overla in zones of contribution that
supply a public water system. I
Wellhead means the top ofth9 shaft of a well or similar water extraction facility from which potable
water is extracted. I
Wellhead ca ture zone means n area in which oundwater is calculated to travel to a um in well.
Ca ture zones are usuall defined ccordin to the time that it takes for water within a articular zone to
travel to a well. Calculated ca tur zones usuall onl a roximate actual ca ture zones as a result of
assum tions re uired to conduct t e calculation.
FWCC - Section 22-1, Definitions
Page 16
or
2. Are eater tha one acre in size in its entiret . or
3. Are less than 0 e ual to one acre in size in its entire and have two or more wetland
classes with neither class dominated b non-native invasive s ecies.
c. Cate 0 III wetla s are eater than 2 500 s uare feet in area and do not exhibit those
characteristics of Cate 0 I or II wetlands.
2 See definition of "Re lated lakes."
Wholesale trade means a co ercial establishment which sells to retail establishments.
Zones means use zones as de ribed in FWCC 22-596 through 22-878.
Zoning map means the series fmaps adopted by the city, and designated the official zoning map of
the city, showing the geographica location of use zones within the municipal boundaries. (Ord. No. 90-43,
§ 2(3.10), 2-27-90; Ord. No. 90-51, ~ 1,2,3-27-90; Ord. No. 91-87, §§ 2 -4, 2-5-91; Ord. No. 91-92, § 4,4-16-91;
Ord. No. 91-100, § 4, 6-4-91; Ord. N .91-105, § 3, 8-20-91; Ord. No. 91-113, § 3,12-3-91; Ord. No. 94-223 §
3(A), 10-18-94; Ord. No. 95-245, § 3 A), 11-21-95; Ord. No. 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A), 7-2-96;
Ord. No. 97-295, § 3, 5-20-97; Ord. 0.97-291, § 3,4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3,
9-16-97; Ord. No. 97-307, § 3,12-1697; Ord. No. 99-337, § 2, 3-2-99; Ord. No. 99-348, § 2, 9-7-99; Ord. No. 99-
353, § 3, 11-16-99; Ord. No. 99-357, 3, 12-7-99; Ord. No. 00-363, § 2, 1-4-00; Ord. No. 01-385, § 3,4-3-01; Ord.
No. 02-424, § 3, 9-17-02; Ord. No. 0 -443, § 3, 5-20-03)
1:\2004 Code Amendments\ Wellhead Pr ection\City Council\Exhibit A to Adoption Ordinance\definitions.doc/I 0/26/20043:33
PM
FWCC - Section 22-1, Definitions
Page 17
FE ERAL WAY CITY CODE
C APTER 22. ARTICLE XIV.
CRITICAL AREAS
I
I
22-1221 Purpose. II
22-1222 Applicable Provisions.
22-1223 Jurisdiction.
22-1224 Other authority andju
22-1225 Liability.
22-1226 - 22-1240 Reserved.
Sections:
Division 1. Generally
sdiction.
Division 2. Administration
22-1241 Administration.
22-1242 Maps adopted.
22-1243 Basis for determinatio .
22-1244 Reasonable use of the ubject property.
22-1245 Appeals of determinat n made under article.
22-1246 Bonds. I
22-1247 Dedication.
22-1248 Exemptions.
22-1249 - 22-1265 Reserved.
Divis n 3. General Site Design Requirements
2-1266 Responsibility of appl ant.
22-1267 Physical barriers.
22-1268 Vehicle circulation ar s.
22-1269 Time limitation.
22-1270 Other requirements. i
22-1271 - 22-1285 Reserved.
Division 4 Geologically Hazardous Areas Development
22-1286 Limitations.
22-1287 - 22-1305 Reserved.
Division 5. Streams
22-1306
22-1307
22-1308
22-1309
22-1310
22-1311
Setbacks.
Relocation.
Bulkheads.
Culverts.
Removal of streams
Rehabilitation.
m culverts.
22-1312 Intrusion into setbac .
22-1313 Additional requireme ts for land surface modification.
22-1314 - 22-1330 Reserved.
Division 6. Regulated Lakes
22-1331 Conformance with di ision.
22-1332 Setback areas. i
22-1333 Activities and impro ments waterward of the ordinary high water mark.
22-1334 Activities and impro ments within the required setback areas from regulated lakes.
22-1335 Rehabilitation.
22-1336 Bulkheads. I
22-1337 - 22-1355 Reserved. I
Division 7. Regulated Wetlands
22-1356 Determination of wet nd and regulated wetland.
22-1357 Wetland categories a d standard buffers.
22-1358 Structures, improve nts and land surface modifications within regulated wetlands.
22-1359 Structures, improve nts and land surface modification within regulated wetland buffers.
22-1360 - 22-1368 Reserved.
Division 8. Regulated Well Heads
22-1369 Criteria.
22 1370 22 1375 Reserved.
Division 9. Critical
uiCer Rechar e Areas and Wellhead Protection Areas
22-13 70
22-1371
22-1372
22-13 73
22-1374
22-1375
22-1375.1
Division 1. Generally
22-1221 Purpose.
The purpose of this article is protect the environment, human life and property from harm and
degradation. This is to be achieve by precluding or limiting development in areas where development
poses serious or special hazards; y preserving and protecting the quality of drinking water; and by
preserving important ecological eas such as steep slopes, streams, lakes and wetlands. The public
purposes to be achieved by this a icle include protection of water quality, groundwater recharge,
shoreline stabilization, stream flo maintenance, stability of slope areas, wildlife and fisheries habitat
I
FWCC
Critical Areas
Page 2
maintenance, protection of human ife and property and maintenance of natural stormwater storage
systems. (Ord. No. 90-43, § 2(80.10) 2-27-90; aId. No. 91-105, § 4(80.10), 8-20-91; aId. No. 91-123, § 3(80.10),
12-17-91)
22-1222 Applicable provision.
The provisions of this article a ply throughout the city and must be complied with regardless of any
other conflicting provisions of this hapter. The provisions of this chapter that do not conflict with the
provisions of this article apply to t e subject property. (Ord. No. 90-43, § 2(80.15),2-27-90; Ord. No. 91-105,
§ 4(80.15), 8-20-91; Ord. No. 91-123, 3(80.15),12-17-91)
22-1223 Jurisdiction.
This article applies to the subj ct property if it:
(1) Contains or is within 25 et of a regulated slope geologically hazardous area;
(2) Contains or is within 10 feet of a well head;
(3) Contains or is within 10 feet of the ordinary high water mark of a major stream;
(4) Contains or is within 50 et of the ordinary high water mark of a minor stream;
(5) Contains or IS within 25 et of any regulated lake; or
(6) Contains or is within 20 feet of the edge of any regulated wetland, including regulated
wetlands associated with any maj stream, minor stream, or regulated lake.
7 Is located within a critic rechar e area or a wellhead rotection area 1 5 or 10- Year
Wellhead Capture Zone). (Ord. No. 90-43, § 2(80.20), 2-27-90; aId. No. 91-105, § 4(80.20), 8-20-91; aId. No.
91-123, § 3(80.20),12-17-91; aId. N .99-353, § 3,11-16-99)
22-1224 Other authority and urisdiction.
Nothing in this article in any ay limits, or may be construed to limit, the authority of the city under
any other applicable law, nor in a way decreases the responsibility of the applicant to comply with all
other applicable local, state and fe erallaws and regulations. (Ord. No. 90-43, § 2(80.25), 2-27-90; aId. No.
91-105, § 4(80.25), 8-20-91; aId. N°'191-123, § 3(80.25),12-17-91)
I
22-1225 Liability. I
(a) Prior to issuance of any ilding permit or other permit by the building official, the applicant
may be required to enter into an a eement with the city, in a form acceptable to the city attorney,
releasing and indemnifying the ci from and for any damage or liability resulting from any development
activity on the subject property w ch is related to the physical condition of the steep slope, stream,
regulated lake or regulated wetlan . This agreement shall be recorded in the county, at the applicant's
expense, and shall run with the pr erty.
(b) The city may also requir the applicant to obtain insurance coverage for damage to city or
private property and/or city liabili related to any such development activity. (Ord. No. 90-43, § 2(80.55),
2-27-90; aId. No. 91-105, § 4(80.55) 8-20-91; aId. No. 91-123, § 3(80.55),12-17-91)
22-1226 - 22-1240 Reserved. I
Division 2. Administration
22-1241 Administration.
Except as otherwise establish in this article, this article will be implemented and enforced as part of
the city's review of any developm nt activity on the subject property. If the development activity requires
approval through process I, II or I , the provisions of this article will be implemented as part of these
processes. If the development acti ity does not require approval through process I, II or III, the provisions
of this article will be implemente through site plan review under FWCC 22-361 et seq. (Ord. No. 90-43, §
2(80.30(1»,2-27-90; Ord. No. 91-10 , § 4(80.30(1», 8-20-91; aId. No. 91-123, § 3(80.30(1», 12-17-91)
FWCC -
Critical Areas
I
I
I
Page 3
22-1242 Maps adopted.
The city hereby adopts the June 19,
1999 Ci of Federal Wa Final etland Invento Re ort, to show the locations of regulated lakes and
certain regulated wetlands in the ci . The City hereby adopts the Lakehaven Utility District Wellhead 1 ,
5 and 10-Year Ca ture Zones Ma s as now existin or amended. (Ord. No. 90-43, § 2 (80.30(2», 2-27-90;
Ord. No. 91-105, § 4(80.30 (2»,8-20- 1; Ord. No. 91-123, § 3(80.30(2»,12-17-91)
22-1243 Basis for determinati n.
The determinations regarding hether the subject property is regulated under this article, as well as
the extent and nature of the regula ons that will apply to the subject property, will be determined based
on environmental information and apping possessed by the city as well as other information and
mapping provided by or through t applicant. The city may require the applicant, at the applicant's
expense, to provide any informati , mapping, studies, materials, inspections or reviews that are
reasonably necessary to implemen this article and to require that such information, studies, mapping,
materials, inspections and reviews e provided or performed by a qualified professional acceptable to the
city. Other provisions of this articl detail other information and inspections that may be required in some
instances. (Ord. No. 90-43, § 2(80.3 3»,2-27-90; Ord. No. 91-105, § 4(80.30(3», 8-20-91; Ord. No. 91-123, §
3(80.30(3»,12-17-91) I
22-1244 Reasonable use ofth subject property.
(a) The provisions ofthis secti n establish a mechanism whereby the provisions of this article may be
modified or waived on a case-by-c se basis if their implementation would deprive an applicant of all
reasonable use of the subject prop
(b) An applicant may apply fo a modification or waiver of the provisions of this article using process
IV; except, that applications for pr dects on single-family residential lots platted prior to the incorporation
of the city may use process III.
(c) The city may approve a m
case basis based on the following
(1) The application of the
property.
(2) It is solely the implem ntation of this article, and not other factors, which precludes all
reasonable use of the subject prop rty.
(3) The applicant has in n way created or exacerbated the condition, which forms the limitation
on the use of the subject property, or in any way contributed to such limitation.
(4) The knowledge of the pplicant of limitations on the subject property when he or she acquired
the subject property.
(5) The waiver or modific tion will not lead to, create nor significantly increase the risk of injury
or death to any person or damage improvements on or off the subject property.
(d) If the city grants a request nder this section, it shall grant the minimum necessary to provide the
applicant with some reasonable u of the subject property, considering the factors described in
subsections (c)(1) through (c)(5) this section. The city may impose any limitations, conditions and
restrictions it considers appropria to reduce or eliminate any undesirable effects or adverse impacts of
granting a request under this secti n. (Ord. No. 90-43, § 2(80.35),2-27-90; Ord. No. 91-105, § 4(80.35), 8-20-
91; Ord. No. 91-123, § 3(80.35), 12- -91; Ord. No. 99-353, § 3, 11-16-99)
ification or waiver ofthe requirements of this article on a case-by-
riteria:
rovisions of this article eliminates all reasonable use of the subject
22-1245 Appeals of determin tion made under article.
Any determination made by t e director of community development under this article may be
appealed using the procedures est blished for appeals of interpretations under FWCC ~ 22-350. (Ord.
No. 90-43, § 2(80.40),2-27-90; Ord. 0.91-105, § 4(80.40), 8-20-91; Ord. No. 91-123, § 3(80.40),12-17-91)
FWCC -
Critical Areas
Page 4
22-1246 Bonds.
The city may require a bond der FWCC 22-146 et seq. to insure compliance with any aspect of this
article. (Ord. No. 90-43, § 2(80.45), -27-90; Ord. No. 91-105, § 4(80.45), 8-20-91; Ord. No. 91-123, § 3(80.45),
12-17-91)
22-1247 Dedication.
The city may require the appl" ant to dedicate development rights or an open space easement to the
city to insure protection of steep s pes, wells, streams, regulated lakes and regulated wetlands and other
areas within the jurisdiction ofthi article. (Ord. No. 90-43, § 2(80.50), 2-27-90; Ord. No. 91-105, § 4(80.50),8-
20-91; Ord. No. 91-123, § 3(80.50),1 -17-91)
22-1248 Exemptions.
The following activities are e mpt from the provisions of this article:
(1) Emergencies, that in the pinion of the director of community development, threaten the public
health, safety and welfare;
(2) Normal and routine mai tenance and repair of the following facilities, for which a maintenance
plan has been approved by the pu ic works director:
a. Existing drainage ditch s provided, however, that this exception shall not apply to any ditches
used by salmonids other than to p it free migration of salmonid to their spawning grounds;
b. Surface water facilities provided that such activities shall not involve conversion of any
regulated wetland not currently b ng used for such activity;
c. Existing public facilitie and utility structures or right-or-way.
The maintenance plan may be esigned to address individual facilities or facility components, area-
wide facilities or city-wide syste . The maintenance plan shall identify the nature of the potential
maintenance or repair activities, s ecifications for work which may occur within potential sensitive areas,
specifications for restoring and/or I itigating impacts, specifications for timing of maintenance or repair
activities, and process for contacti g or notifying the city of pending maintenance or repair activities to
ensure compliance with the appro ed plan. The public works director may require that an appropriate
bond or security be maintained wi h the city to ensure restoration of disturbed areas. (Ord. No. 91-105, §
4(80.37),8-20-91) I
22-1249 - 22-1265 Reserved.
Divi I on 3. General Site Design Requirements
22-1266 Responsibility of ap licant.
The applicant shall locate all' provements on subject property to minimize adverse impacts ffi to
steep slopes eolo icall hazardo s areas, wells, streams, regulated lakes~ aflè regulated wetlands. and
critical a uifer rechar e and well ad rotection areas. (Ord. No. 90-43, § 2(80.60(1)), 2-27-90; Ord. No. 91-
105, § 4(80.60(1)), 8-20-91; aId. No 91-123, § 3(80.60(1)),12-17-91)
22-1267 Physical barriers. I
The applicant shall install a b
following completion of develop
any disturbed area onto or into a
well head, a stream, a regulated I
91-105, § 4(80.60(2», 8-20-91; aId.
I
I
, curb or other physical barrier during construction and, if necessary,
ent of the subject property, to prevent direct runoff and erosion from
geologically hazardous area, any area within 100 feet of a
e or a regulated wetland. (Ord. No. 90-43, § 2(80.60(2), 2-27-90; aId. No.
0.91-123, § 3(80.60(2»),12-17-91)
FWCC
Critical Areas
Page 5
22-1268 Vehicle circulation a as.
The applicant shall locate all p rking and vehicle circulation areas as far as possible from any steep
~ eolo icall hazardous area well head, stream, regulated lake and regulated wetland. (Ord. No. 90-
43, § 2(80.60(3)), 2-27-90; Ord. No.9 -105, § 4(80.60(3)), 8-20-91; Ord. No. 91-123, § 3(80.60(3»,12-17-91)
22-1269 Time limitation.
The city may limit developme activities which involve any land surface modification to specific
months of the year and to a maxim m number of continuous days or hours in order to minimize adverse
impacts. (Ord. No. 90-43, § 2(80.60( ),2-27-90; Ord. No. 91-105, § 4(80.60(4)), 8-20-91; Ord. No. 91-123, §
3(80.60(4»),12-17-91)
I
22-1270 Other reqUirements~
The city may require other co truction techniques, conditions and restrictions on development in
order to minimize adverse impacts n steep slopes geologicallv hazardous areas, wells, critical aquifer
rechar e areas and wellhead rote ion areas, streams, regulated lakes~ or regulated wetlands. (Ord. No. 90-
43, § 2(80.60(5)), 2-27-90; Ord. No.9 -105, § 4(80.60(5», 8-20-91; Ord. No. 91-123, § 3(80.60(5»,12-17-91)
I
I
22-1271- 22-1285 Reserved.
Division 4 Geologically Hazardous Areas Development
22-1286 Limitations.
(a) This section regulates deve opment activities and land surface modifications on or within 25 feet
of a geologically hazardous area.
(b) Development activities, la surface modifications or the installation and maintenance of
landscaping normally associated th residential, commercial or park use may not occur on or within 25
feet of a geologically hazardous ar a unless no reasonable alternative exists and then only if the
development activity or land surf a e modification will not lead to or create any increased slide, seismic or
erosion hazard. :
(c) Before approving any deve opment activity or land surface modification under this section, the
city may require the applicant to s bmit the following information:
(1) A soils report prepare by a qualified professional engineer licensed in the state which
describes how the proposed devel ment will impact each of the following on the subject property and
nearby properties:
a. Slope stability, Ian lide hazard and sloughing.
b. Seismic hazards.
c. Groundwater.
d. Seeps, springs and ther surface waters.
e. Existing vegetation
(2) Recommended founda ion design and optimal location for roadways improvements.
(3) Recommended metho s for mitigating identified impacts and a description of how these
mitigating measures may impact ~acent properties.
(4) Any other information he city determines is reasonably necessary to evaluate the proposal.
(d) If the city approves any de elopment activity or land surface modification under this section, it
may, among other appropriate co itions, impose the following conditions of approval:
(1) That the recommendation of the soils report be followed.
(2) That the applicant pay for e services of a qualified professional engineer selected and retained
by the city to review the soils rep and other relevant information.
(3) That a qualified professio I engineer be present on site during all land surface modification
activities.
FWCC
Critical Areas
Page 6
(4) That trees, shrubs and gro dcover be retained except where necessary for approved development
activities on the subject property.
(5) That additional vegetation e planted in disturbed areas. (Ord. No. 90-43, § 2(80.65),2-27-90; Ord.
No. 90-79, § 3,12-18-90; Ord. No. 91 105, § 4(80.65),8-20-91; Ord. No. 91-123, § 3(80.65),12-17-91)
I
22-1287 - 22-1305 Reserved.
Division 5. Streams
22-1306 Setbacks.
(a) No land surface modificati n or improvements may take place or be located in a stream or within
the following setback areas excep as allowed within this article:
(I) The setback area for a ajor stream includes all areas within 100 feet outward from the
ordinary high water mark of a maj r stream.
(2) The setback area for a inor stream includes all areas within 50 feet outward from the
ordinary high water mark of a mi r stream.
(b) The setback areas establis d by this section do not apply to any segment of a stream that is
presently within a culvert, unless t at stream will be taken out of the culvert as part of development of the
subject property. (Ord. No. 90-43, § 2(80.75), 2-27-90; Ord. No. 90-79, § 4,12-18-90; Ord. No. 91-105, §
4(80.75), 8-20-91; Ord. No. 91-123, 3(80.75), 12- I 7 -91; Ord. No. 99-353, § 3, 11-16-99)
e subject property is permitted subject to all of the conditions and
22-1307 Relocation.
(a) Relocation of a stream on
restrictions of this section.
I
(b) A proposal to relocate a s am will be reviewed and decided upon using process IV in FWCC 22-
43letseq. I
(c) As part of any request und r this section, the applicant must submit a stream relocation plan,
prepared by a qualified profession 1 approved by the city, that shows the following:
(1) The creation of a natu I meander pattern.
(2) The formation of gent side slopes, at least two feet horizontally to one foot vertically, and
the installation of erosion control atures for stream side slopes.
(3) The creation of a narr subchannel, where feasible, against the south or west bank.
(4) The utilization ofnatu al materials, wherever possible.
(5) The use of vegetation ormally associated with streams, including primarily native riparian
vegetation.
(6) The creation of spawn ng and nesting areas, wherever appropriate.
(7) The re-establishment fthe fish population, wherever feasible.
(8) The restoration ofwat r flow characteristics compatible with fish habitat areas, wherever
feasible.
(9) The filling and revege ation of the prior channel.
(10) A proposed phasing Ian specifying time of year for all project phases.
(d) The city will allow a strea to be relocated only if water quality, habitat and stormwater retention
capability of the streams will be s ificantly improved by the relocation. Convenience to the applicant in
order to facilitate general site desi may not be considered.
(e) Prior to diverting water in the new channel, a qualified professional approved by the city shall
inspect the new channel followin its completion and issue a written report to the director of community
development stating that the cha el complies with the requirements of this section.
(t) The amount of flow and v ocity of the stream may not be increased or decreased as the stream
enters or leaves the subject prope . (Ord. No. 90-43, § 2(80.80), 2-27-90; Ord. No. 91-105, § 4(80.80), 8-20-
91; Ord. No. 91-123, § 3(80.80),12- 7-91; Ord. No. 99-353, § 3,11-16-99)
FWCC
Critical Areas
Page 7
22-1308 Bulkheads.
(a) A bulkhead may not be 10 ted in or along a stream except as establíshed in this section.
(b) A request for a bulkhead i or along the stream will be reviewed and decided upon using process
III in FWCC 22-386 et seq.
(c) A request to locate a bul ad in or along the stream will only be granted ifthe bulkhead is
needed to prevent significant eros n and the use of vegetation will not sufficiently stabilize the bank to
prevent this erosion.
(d) The bulkhead, ifpermitte must be designed to minimize the transmittal of water current to other
properties. Changes in the horizo al or vertical configuration of the land in or around the stream must be
kept to a minimum. (Ord. No. 90-4 , § 2(80.85), 2-27-90; Ord. No. 91-105, § 4(80.85), 8-20-91; Ord. No. 91-123,
§ 3(80.85),12-17-91; Ord. No. 97-29 , § 3,4-1-97)
22-1309 Culverts.
(a) Culverts are permitted in seams only if approved under this section.
(b) The city will review and d cide upon applications under this chapter using process III in FWCC
22-386 et seq.
(c) The city will allow a strea to be put in a culvert only if:
(1) No significant habitat rea will be destroyed; and
(2) It is necessary for so reasonable use of the subject property. Convenience to the applicant
in order to facilitate general site d sign will not be considered. The applicant must demonstrate, by
submitting alternative site plans s owing the stream in an open condition, that no other reasonable site
design exists.
(d) The culvert must be desi ed and installed to allow passage of fish inhabiting or using the stream.
The culvert must be large enough 0 accommodate a 100-year storm.
I
(e) The applicant shall, at all mes, keep all culverts on the subject property free of debris and
sediment so as to allow free passa e of water and, if applicable, fish. The city shall require a bond under
FWCC 22-146 et seq. to ensure intenance of the culvert approved under this section. (Ord. No. 90-43, §
2(80.90),2-27-90; Ord. No. 91-105, 4(80.90),8-20-91; Ord. No. 91-123, § 3(80.90),12-17-91; Ord. No. 97-291, §
3,4-1-97) I
I
22-1310 Removal of streams rom culverts.
If development of the subject roperty requires approval through process I, II or III of this chapter,
the city may require the stream to e taken out ofthe culvert and restored to a natural-like configuration
as part of the city's approval of d elopment of the subject property. (Ord. No. 90-43, § 2(80.95), 2-27-90;
Ord. No. 91-105, § 4(80.95), 8-20-91 Ord. No. 91-123, § 3(80.95),12-17-91)
22-1311 Rehabilitation.
The director of community d elopment may permit or require the applicant to rehabilitate or
maintain a stream by requiring th removal of detrimental materials such as debris, sediment and
invasive, non-native vegetation. proval of stream rehabilitation shall be based on a review of a plan
containing, at a minimum, an ana sis of existing conditions, identification of the source, if possible, of
the degradation of the stream or arian zone, proposed corrective actions, including installation of native
species within the riparian corrid ,performance standards, monitoring schedule, planting plans, erosion
and sedimentation control plans, d grading plans as necessary. The director shall require an applicant to
retain the services of a qualified ofessional in preparing the restoration plan. These actions may be
permitted or required at any time at a condition detrimental to water quality, stability of stream banks,
degradation of existing naturally egetated buffers, or in stream habitat exists. Intrusions into regulated
steep slopes and associated setba s will be allowed for purposes of approved stream rehabilitation
projects. (Ord. No. 90-43, § 2(80.10 ),2-27-90; Ord. No. 91-105, § 4(80.100), 8-20-91; Ord. No. 91-123, §
3(80.100), 12-17-91; Ord. No. 99-35 , § 3,11-16-99)
I
FWCC
Critical Areas
Page 8
22-1312 Intrusion into setba s.
(a) Essential public facilities, ublic utilities and other public improvements. The director of
community development may pe it the placement of an essential public facility, public utility or other
public improvements in a setback rom a stream ifhe or she determines that the line or improvement must
traverse the setback area because 0 feasible alternative location exists based on an analysis of technology
and system efficiency. The specifi location and extent of the intrusion into the setback area must
constitute the minimum necessa encroachment to meet the requirements of the public facility or utility.
"Public utility and other public i rovements" shall not include improvements whose primary purpose is
to benefit a private development, cluding without limitation interior roads or privately-owned detention
facilities installed within or durin the construction of a residential subdivision, binding site plan, or other
commercial development.
(b) Minor improvements. Mi r improvements such as footbridges crossing the stream, walkways
and benches may be located withi the setback area if approved through process III, based on the
following criteria:
( 1) It will not adversely a ect water quality;
(2) It will not adversely a ect the existing quality of wildlife habitat within the stream or setback
area;
(3) It will not adversely a ect drainage or stormwater retention capabilities;
(4) It will not lead to unst ble earth conditions nor create erosion hazards;
(5) It will not be material detrimental to any other property nor to the city as a whole; and
(6) It is necessary to corr t anyone ofthe adverse conditions specified in subsections (b)(l)
through (b)( 5) of this subsection.
(c) Other intrusions. Other th
approve any request to locate an i
setback areas only through proces
(1) It will not adversely a
(2) It will not adversely a
area;
as specified in subsections (a) and (b) of this section, the city may
provement or engage in land surface modification within stream
IV, based on the following criteria:
ect water quality;
ect the existing quality of wildlife habitat within the stream or setback
(3) It will not adversely a ect drainage or stormwater retention capabilities;
(4) It will not lead to unst ble earth conditions nor create erosion hazards;
(5) It will not be material detrimental to any other property in the area of the subject property
nor to the city as a whole, includi g the loss of significant open space; and
(6) It is necessary for rea nable development of the subject property. (Ord. No. 90-43, § 2(80.105),
2-27-90; Ord. No. 91-105, § 4(80.10 ),8-20-91; Ord. No. 91-123, § 3(80.105),12-17-91; Ord. No. 99-353, § 3,11-
16-99)
22-1313 Additional require ents for land surface modification.
If any land surface modificati n is permitted within the stream or stream setback area, the applicant
shall comply with the following a ditional requirements:
(1) All fill material used ust be nondissolving and nondecomposing. The fill material must not
contain organic or inorganic mate 'al that would be detrimental to water quality or the existing habitat.
(2) The applicant may de osit dredge spoils on the subject property only if part of an approved
development on the subject prop
(3) The applicant shall st ilize all areas left exposed after land surface modification with native
vegetation normally associated w h the stream or setback area. (Ord. No. 90-43, § 2(80.110),2-27-90; Ord.
No. 91-105, § 4(80.110),8-20-91; 0 . No. 91-123, § 3(80.110),12-17-91)
FWCC
Critical Areas
Page 9
22-1314 - 22-1330 Reserved;
Division 6. Regulated Lakes
22-1331 Conformance with di ision.
No structure, improvement no land surface modification may be constructed or take place within
regulated lakes or within setback a eas from regulated lakes except as allowed in this article. (Ord. No. 90-
43, § 2(80.115),2-27-90; aId. No. 91 105, § 4(80.115), 8-20-91; aId. No. 91-123, § 3(80.115), 12-17-91)
22-1332 Setback areas.
All areas landward 25 feet in e ery direction from the ordinary high water mark of a regulated lake is
within the setback area from a reg ated lake. (Ord. No. 90-43, § 2(80.120), 2-27-90; aId. No. 91-105, §
4(80.120),8-20-91; aId. No. 91-123, 3(80.120),12-17-91)
22-1333 Activities and impro ements waterward of the ordinary high water mark.
This section regulates structur s, improvements and activities waterward of the ordinary high water
mark of regulated lakes.
(1) Dredging and filling. cept as permitted in conjunction with activities regulated under
process III and IV, FWCC 22 176 2-386 et seq. and 2251622-431 et seq., dredging and filling
waterward of the ordinary high w er mark of a regulated lake is prohibited.
(2) Structures and improv ents. Except as permitted in conjunction with activities regulated
under process III and IV, FWCC 22-386 et seq. and 22 51622-431 et seq., the only structures or
improvements that may be located waterward of the ordinary high water mark of a regulated lake are
moorage structures. The city will view and decide upon any proposal for a moorage structure waterward
of the ordinary high water mark u ng process III. The city may grant a request under this section if the
moorage structure is accessory to dwelling unit or public park on the subject property and no significant
habitat area will be damaged by it construction or use. A moorage structure, if permitted, may not extend
waterward further than is reasona y necessary to function properly, but in no event more than 200 feet
waterward of the ordinary high w er mark. Moorage structures may not be treated with creosote, oil base
or other toxic substances. The top f the moorage structure may not be more than two feet above the
ordinary high water mark. (Ord. N .90-43, § 2(80.125),2-27-90; aId. No. 91-105, § 4(80.125), 8-20-91; aId.
No. 91-123, § 3(80.125),12-17-91; 0 d. No. 99-353, § 3,11-16-99)
22-1334 Activities and impro ements within the required setback areas from regulated lakes.
No structure, improvement no land surface modification may be located or take place within the
setback area from a regulated lake except as allowed in this section.
(1) Landscaping and land urface modification. Except as otherwise specifically permitted in this
section, the setback area from a re ulated lake may not be covered with an impervious surface.
Installation and maintenance of n al residential or park-like landscaping may take place within the
required setback area, provided th t no fertilizers, pesticides or other chemicals or substances are applied
within the setback area that will d grade water quality or hasten eutrophication of the lake. Land surface
modification beyond installation d maintenance of normal residential or park-like landscaping may only
be permitted within the setback ar a if approved through process III based on the following criteria:
a. The proposed land urface modification is necessary for the reasonable use of the subject
property .
b. The land surface m dification will not increase or decrease the size of the regulated lake.
c. The land surface m dification will not change the points where any water enters or leaves
the subject property nor in any w change drainage patterns to or from adjacent properties.
d. The proposed land urface modification will not be detrimental to water quality or habitats
in or around the lake.
FWCC
Critical Areas
Page 10
(2) Minor structures and i provements. Minor improvements such as walkways, benches,
platforms for storage of small boa and small storage lockers for paddles, oars, life preservers and similar
boating equipment may be locate within the setback area if approved by the director of community
development based on the followi g criteria:
a. The minor improve ent will not adversely affect water quality.
b. The minor improve ent will not destroy nor damage a significant habitat area.
c. The minor improve ent will not adversely affect drainage or stormwater retention
capabilities.
d. The minor improve ent will not be materially detrimental to any other property in the area
of the subject property nor to the ty as a whole.
(3) Essential public facilit s and utilities. The director of community development may permit
the placement of an essential publ facility or utility in the setback area if he or she determines that the
line or improvement must travers the setback area because no feasible alternative location exists based
on an analysis oftechnology and stem efficiency. The specific location and extent ofthe intrusion into
the setback area must constitute t minimum necessary encroachment to meet the requirements of the
public facility or utility.
(4) Other intrusions.
a. Where the properti immediately abutting the subject property have dwelling units which
extend into the setback area, the a plicant may construct a dwelling unit on the subject property that
extends into this setback area to t extent permitted in subsection (4)(b) of this section.
b. Where subsection ( )(a) of this section applies, the dwelling unit on the subject property
may be no closer to the ordinary h gh water mark of the regulated lake than the average ofthe distance of
the two dwelling units on the pro rties immediately abutting the subject property. If one of the properties
immediately abutting the subject operty does not contain a dwelling unit or the dwelling unit on that
abutting property is more than 25 eet from the ordinary high water mark of the regulated lake, the
setback of the dwelling unit on th lot will be presumed to be 25 feet for the purposes of calculating the
permissible location for the dwell' g unit on the subject property under this section.
(5) Revegetation. The ap icant shall stabilize all areas left exposed after land surface
modification with appropriate veg tation. (Ord. No. 90-43, § 2(80.130), 2-27-90; Ord. No. 90-79, § 5,12-18-90;
Ord. No. 91-105, § 4(80.130), 8-20-9 ; Ord. No. 91-123, § 3(80.130),12-17-91; Ord. No. 99-353, § 3,11-16-99)
I
22-1335 Rehabilitation.
The director of community de elopment may permit or require the applicant to rehabilitate or
maintain a regulated lake by requi ing the removal of detrimental materials such as debris, sediment and
inappropriate vegetation and by r uiring the planting of native vegetation. These actions may be
permitted or required at any time at a condition detrimental to water quality or habitat exists. (Ord. No.
90-43, § 2(80.135), 2-27-90; Ord. No 91-105, § 4(80.135), 8-20-91; Ord. No. 91-123, § 3(80.135),12-17-91)
I
22-1336 Bulkheads. I
(a) General. A bulkhead is pe
this section.
(b) Required permit. The city ill review and decide upon an application under this section using
process III.
(c) Criteria. The city may pe
(I) The bulkhead is need
(2) The use of vegetation
eroslOn.
(d) Design features. A bulkhe d may not be located between a regulated lake and a wetland. Changes in
the horizontal or vertical configur tion of the land must be kept to a minimum. The bulkhead must be
designed to minimize the transmi al of wave energy to other properties. (Ord. No. 90-43, § 2(80.140), 2-27-90;
Ord. No. 91-105, § 4(80.140), 8-20-9 ; Ord. No. 91-123, § 3(80.140),12-17-91; Ord. No. 99-353, § 3,11-16-99)
I
itted within or adjacent to a regulated lake subject to the provisions of
it a bulkhead to be constructed only if:
to prevent significant erosion.
ill not sufficiently stabilize the shoreline to prevent the significant
FWCC
Critical Areas
Page II
22-1337 - 22-1355 Reserved.
Division 7. Regulated Wetlands
22-1356 Determination of wet and and regulated wetland.
(a) Generally. This section con ains procedures and criteria for determining whether an area is defined
as a regulated wetland under this c apter.
(b) Evaluation. Ifthe city dete ines that a wetland may exist on or within 200 feet of the subject
property, the director of communit development shall require the applicant to submit a wetland report,
prepared by a qualified profession approved by the city, that includes the information set forth in
subsections (b)(1) through (b )(7) a d (c) of this section. The director of community development shall use
the information required by subsec ions (b)( I) and (b )(2) to determine if the area is a regulated wetland
and, if so, shall use the informatio required by subsections (b )(3) through (b )(7) and (c) to determine the
category and the precise boundarie of that regulated wetland.
(1) An evaluation of whet r the area in question is a regulated wetland, based on the definition
of "regulated wetland" in FWCC -1.
(2) An overview of the me hodology used to conduct the study.
(3) A description of the w land and plant communities found therein, a map delineating the edge
of the wetland and location of Pla1 communities, and a detailed description of the method used to
identify the wetland edge.
(4) The wetland c1assifica on, according to the U.S. Fish and Wildlife Service "Classification of
Wetlands and Deep Water Habitat in the U.S."
(5) A list of observed plan and wildlife species, using both scIentific and common names, and a
description oftheir relative abund ceo
(6) A list of potential plan or animal species based on signs or other observation.
(7) An evaluation and ass sment of the existing or potential functions and values of the wetland
based on the following factors: Su face water control; wildlife habitat; pollution and erosion control;
groundwater exchange; open spac and recreation; and educational and cultural opportunities.
(c) Drainage facilities. Surfac water ponds, drainage ditches, and other such facilities which were
designed to impound or convey w ter for an engineered purpose are not considered regulated wetlands
under this article provided they m t all of the following criteria:
(1) The drainage facility ust have been intentionally human created. This is to differentiate from
those wetland sites that are accide tal consequences of development actions, such as road construction or
culvert placement. Such sites mayl e considered regulated wetlands by the director upon a review, under
subsection (b)(7) of this section, 0 the ecological functions and values of the site.
(2) The drainage facility ust have been originally constructed on uplands (nonwetland areas). If
the drainage facility is located wit in a straightened, channelized, or otherwise disturbed natural
watercourse, it may be considered a regulated wetland by the director upon a review, under subsection
(b )(7) of this section, of the ecolo ical functions and values of the site.
(3) The facility must be a ively operated as for use as a surface water drainage facility.
Abandoned drainage facilities ma be considered regulated wetlands by the director upon a review, under
subsection (b)(7) of this section, the ecological functions and values of the site.
(4) Wetland conditions h e not expanded beyond the originally constructed drainage facility
boundary. In such a case the expa ded area may be considered a regulated wetland by the director upon
review, under subsection (b)(7) 0 this section, of the ecological functions and values of the site.
(5) The drainage facility as not designed or constructed as a requirement to mitigate previous
wetland impacts.
FWCC
Critical Areas
Page 12
(6) The director finds that mited ecological functions and values do not warrant application of
the city's wetland regulations. (Ord No. 90-43, § 2(80.145), 2-27-90; aId. No. 91-105, § 4(80.145),8-20-91;
Ord. No. 91-123, § 3(80.145),12-17-9 ; Ord. No. 99-353, § 3,11-16-99)
22-1357 Wetland categories a d standard buffers.
(a) Regulated wetlands are cIa ified into the following categories:
(1) Category I wetlands m t one of the following criteria:
a. Contain the presenc of species or documented habitat recognized by state or federal
agencies as endangered, threatene or potentially extirpated plant, fish or animal species; or
b. Contain the presenc of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptiona local significance including but not limited to estuarine systems, peat
bogs and fens, mature forested wet ands, groundwater exchange areas, significant habitat or unique
educational sites; or
c. Have three or more etland classes, one of which is open water.
(2) Category II wetlands a greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetla ds, and meet one of the following criteria:
a. Are contiguous with ater bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
b. Are greater than one re in size in its entirety; or
c. Are less than or equal 0 one acre in size in its entirety and have two or more wetland classes,
with neither class dominated by n -native invasive species.
(3) Category III wetland a greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II etlands.
(b) Standard buffer widths for egulated wetlands are established as follows:
(1) Category I wetlands s II have a standard buffer width of200 feet.
(2) Category II wetlands s all have a standard buffer width of 100 feet.
(3) Category III wetlands all have a standard buffer width of 50 feet for wetlands that are
greater than 10,000 square feet in rea, and shall have a standard buffer width of 25 feet for wetlands that
are between 2,500 to 10,000 squar feet in area. (Ord. No. 90-43, § 2(80.150),2-27-90; Ord. No. 91-105, §
4(80.150),8-20-91; Ord. No. 91-123, 3(80.150),12-17-91; Ord. No. 99-353, § 3, 11-16-99)
22-1358 Structures, improve ents and land surface modifications within regulated wetlands.
(a) Generally. No land surface modification may take place and no structure or improvement may be
located in a regulated wetland exc pt as provided in this section.
(b) Public park. The city may llow pedestrian access through a regulated wetland in conjunction with
a public park. The access, if appro ed, must be designed to the maximum extent feasible to protect the
wetland from any adverse effects r impacts of the access and to limit the access to the defined access
area.
(c) Rehabilitation. The directq of community development may permit or require an applicant to
rehabilitate and maintain a regulat d wetland by removing detrimental material such as debris and
inappropriate vegetation and by r uiring that native vegetation be planted. These actions may be
required at any time that a conditi n detrimental to water quality or habitat exists.
(d) Modification. Other than specified in subsections (b) and (c) of this section, the city may
approve any request to locate an i provement or engage in land surface modification within a regulated
wetland using process IV. The sp ific location and extent of the intrusion into the regulated wetland
must constitute the minimum nec sary encroachment. Approval of a request for improvements or land
surface modification within a reg ated wetland through process IV shall be based on the following
criteria:
(1) It will not adversely a
(2) It will not adversely a
(3) It will not adversely a
ect water quality.
ect the existing quality of the wetland's or buffer's wildlife habitat.
ect drainage or stormwater retention capabilities.
FWCC -
Critical Areas
Page 13
(4) It will not lead to unst Ie earth conditions nor create erosion hazards.
(5) It will not be materiall detrimental to any other property in the area of the subject property
nor to the city as a whole, includi the loss of open space.
(6) It will result in no net ss of wetland area, function or value.
(7) The project is in the b t interest of the public health, safety or welfare.
(8) The applicant has dem nstrated sufficient scientific expertise and supervisory capability to
carry out the project.
(9) The applicant is com tted to monitoring the project and to make corrections if the project
fails to meet projected goals.
(e) Required information. As art of any request under this section, the applicant shall submit a
report, prepared by a qualified pro essional approved by the city, that includes the following information:
(1) Mitigation plan. A mit gation plan shall include the following elements:
a. Environmental goa and objectives.
b. Performance stand ds.
c. Detailed constructi n plans.
d. Timing.
e. Monitoring progra for a minimum of five years.
f. Contingency plan.
g. Subject to the appli ant's election of timing alternatives provided in subsection (e)(4) of
this section, a performance and m intenance bond in an amount of 120 percent of the costs of
implementing the mitigation plan r the contingency plan, whichever is greater.
(2) Mitigation. Mitigation of wetland impacts shall be restricted to restoration, creation or
enhancement, within the same ba n, of in-kind wetland type which results in no net loss of wetland area,
function or value. Where feasible,! itigation measures shall be designed to improve the functions and
values of the impacted wetland. I
(3) Minimum acreage mit gation ratio. The following are ratios for providing restoration, creation
or enhancement of impacted wetl d areas. The first number of the ratio specifies the acreage of wetland
requiring restoration, creation or r placement and the second specifies the acreage of wetlands impacted.
Wetland Category eation and
storation
Enhancement
Category I
(all types)
Category II:
Forested
Scrub/Shrub
Emergent
Category III:
Forested 2:1 4:1
Scrub/Shrub 1.5:1 3:1
Emergent 1.25:1 2.5:1
The director may permit r require the above replacement ratios to be increased or decreased
based on the following criteria: I
a. Probable success 0 the proposed mitigation.
b. Projected losses in unction or value.
c. Findings of special studies coordinated with agencies with expertise which demonstrate
that no net loss of wetland functi or value is attained under an alternative ratio.
d. In no case shall th minimum acreage replacement ratio be less than 1.25: 1.
(4) Timing. All required etland mitigation improvements, including monitoring, shall be
completed and accepted by the di ector of community development prior to beginning activities that will
disturb regulated wetlands, or the! pplicant shall provide the performance and maintenance bond
I
I
i
6:1
12: 1
3: 1
2:1
2:1
6:1
4:1
4:1
FWCC
Critical Areas
Page 14
specified in subsection (e)( 1 )(g) 0 this section. In either event, the applicant may not take any action that
disturbs a regulated wetland or its uffer until the director has reviewed and approved the mitigation plan.
All wetland- or buffer-disturbing ctivities, and all mitigation, shall be timed to reduce impacts to existing
plants and animals.
(5) Inspections. The appli ant shall pay for services of a qualified professional selected and
retained by the city to review the etland mitigation report and other relevant information, conduct
periodic inspections, issue a writt report to the director of community development stating that the
project complies with requiremen of the mitigation plan, and to conduct and report to the director on the
status ofthe monitoring program. Ord. No. 90-43, § 2(80.155), 2-27-90; Ord. No. 90-79, § 6,12-18-90; Ord.
No. 91-105, § 4(80.155),8-20-91; Or . No. 91-123, § 3(80.155),12-17-91; Ord. No. 99-353, § 3,11-16-99)
22-1359
buffers.
(a) Generally. Except as allo d in this section, no land surface modification may take place and no
structure or improvement may be ocated within a regulated wetland buffer.
(b) Buffer averaging. Buffers ay be averaged only when the wetland or the buffer which is proposed
to be reduced contains habitat typ s which have been so permanently impacted that reduced buffers do
not pose a detriment to the existin or expected habitat functions. Through process III, the applicant must
demonstrate to the satisfaction of e director of community development that the proposed buffer
averaging will meet all of the foIl wing criteria:
(1) Reduced buffers will ot affect the water quality entering a wetland or stream;
(2) Reduced buffers will ot adversely affect the existing quality of wildlife habitat within the
wetland or the buffer;
(3) Reduced buffers will ot result in unstable earth conditions nor create erosion hazards; and
(4) Reduced buffers will ot be detrimental to any other public or private properties, including the
loss of open space. I
At no point shall the buffer w th be reduced to less than 50 percent of the required standard buffer
width, unless the buffer, in existi conditions, has already been permanently eliminated by previous,
legally permitted actions. The tot area contained within the buffer after averaging shall be equal to the
area required for standard buffer' mensions.
(c) Essential public facilities, ublic utilities and other public improvements. The director of
community development may pe it the placement of an essential public facility, public utility or other
public improvements in a regulat wetland buffer if he or she determines that the line or improvement
must traverse the buffer because feasible or alternative location exists based on an analysis of
technology and system efficiency The specific location and extent of the intrusion into the buffer must
constitute the minimum necessa encroachment to meet the requirements of the public facility or utility.
(d) Minor improvements. Mi or improvements such as footbridges, walkways and benches may be
located within the buffer from a r gulated wetland if approved through process III, based on the following
criteria:
(1) It will not adversely a fect water quality;
(2) It will not adversely a fect the existing quality ofthe wetland's or buffer's wildlife habitat;
(3) It will not adversely a fect drainage or stormwater retention capabilities;
(4) It will not lead to uns ble earth conditions nor create erosion hazards; and
(5) It will not be material detrimental to any other property in the area of the subject property
nor to the city as a whole.
(e) Buffer reduction. Throug process III, the director of community development may reduce the
standard wetland buffer width by p to 50 percent, but in no case to less than 25 feet, on a case-by-case
basis, if the project includes a bu er enhancement plan which utilizes appropriate native vegetation and
clearly substantiates that an enha ced buffer will improve and provide additional protection of wetland
functions and values, and where e of the following conditions can be demonstrated:
Structures, improve ents and land surface modification within regulated wetland
FWCC
Critical Areas
Page 15
(1) Existing conditions are such that the required standard buffer exists in a permanently altered
state (e.g., roadways, paved parkin lots, permanent structures, etc. which does not provide any buffer
function, then the buffer can be re ced for that portion where the intrusions are existing.
(2) Except for Category I etlands, existing conditions are such that the wetland has been
permanently impacted by adjacent evelopment activities, as evidenced by such things as persistent
human alterations or the dominanc of non-native invasive species.
(3) A project on an existin single-family lot platted prior to the incorporation of the city, where
imposition ofthe standard buffer uld preclude reasonable use of the lot.
The director shall have the authori to determine if buffer averaging is warranted on the subject property
and, if so, may require additional ffer area on other portions of the perimeter of the sensitive area.
(t) Modification. Other than a specified in subsections (b) and (c) of this section, the city may
approve any request to locate an i provement or engage in land surface modification within the buffer
from a regulated wetland through ocess IV, based on the following criteria:
(1) It will not adversely af ct water quality;
(2) It will not adversely af ct the existing quality of the wetland's or buffer's wildlife habitat;
(3) It will not adversely af ct drainage or stormwater retention capabilities;
(4) It will not lead to unst Ie earth conditions nor create erosion hazards; and
(5) It will not be materiall detrimental to any other property in the area of the subject property
nor to the city as a whole, includin the loss of open space.
Any modification under this s section shall not reduce the standard buffer by more than 50 percent,
and in no case shall the remaining uffer be less than 25 feet. The city may require, as a condition to any
modification granted under this su section, preparation and implementation of a wetland buffer
enhancement plan to protect wetla d and buffer functions and values.
(g) Revegetation. The applica shall stabilize all areas left exposed after land surface modification
with native vegetation normally as ociated with the buffer.
(h) Buffer increases. The dire or shall require increased environmentally sensitive area buffer widths
on a case-by-case basis when the rector determines that a larger buffer is necessary to protect
environmentally sensitive area fun tions, values or hazards based on site-specific conditions. This
determination shall be supported b appropriate documentation showing that additional buffer width is
reasonably related to protection 0 nvironmentally sensitive area functions and values, or protection of
public health, safety and welfare. uch determination shall be attached as permit conditions. The
determination shall demonstrate t t at least one of the following factors are met:
(1) There is habitat for sp ies listed as threatened or endangered by state or federal agencies
present within the sensitive area a d/or its buffer, and additional buffer is necessary to maintain viable
functional habitat;
(2) There are conditions 0 features adjacent to the buffer, such as steep slopes or erosion hazard
areas, which over time may pose additional threat to the viability of the buffer and/or the sensitive
area. In such circumstances the ci may choose to impose those buffers, if any associated with the
condition or feature posing the thr at in addition to, or to a maximum, beyond the buffer required for the
subject sensitive area. (Ord. No. 90 3, § 2(80.160), 2-27-90; Grd. No. 90-79, § 7, 12-18-90; Grd. No. 91-105, §
4(80.160),8-20-91; Grd. No. 91-123, 3(80.160),12-17-91; Grd. No. 99-353, § 3,11-16-99)
22-1360 - 22-1368 Reserved.
Division 8. Regulated Well Heads
22-1369 Criteria.
Any well constructed after M ch 1, 1990, must comply with the siting criteria of Chapter 173-160
WAc. Any improvement or use 0 the subject property erected or engaged in after March 1, 1990, must
FWCC
Critical Areas
Page 16
comply with the requirements in apter 173-160 WAC regarding separation of wells from sources of
pollution. (Ord. No. 90-43, § 2(80.7 ,2-27-90)
Division 9. Critical
Direr Rechar e Areas and Wellhead Protection Areas
22 1370 22 1375 Reserved.
State
FWCC -
Critical Areas
Page 17
water features:
determines would
oundwater
FWCC -
Critical Areas
Page 18
FWCC -
Critical Areas
Page 19
ui ment on the construction site are in accordance with the
1:\2004 Code Amendments\Wellhead Pro ction\City Council\Exhibit A to Adoption Ordinance\Final Env Sensitive
Areas.doc/10/26/2004 4:28 PM
FWCC
Critical Areas
Page 20
FE ERAL WAY CITY CODE
HAPTER 22. ARTICLE IV.
NONCONFORMANCE
Sections:
22-325 Purpose and intent.
22-326 Administration.
22-327 When conformance i
22-328 Regulations applicab
22-329 Abatement of non co
22-330 Immediate complian
22-331 Certain nonconform
22-332 Nonconforming use.
22-333 Nonconforming proc dure.
22-334 Nonconforming dev opment.
22-335 Nonconforming sign .
22-336 When public improv ments must be installed.
22-337 Nonconforming wat quality improvements.
22-338 Special provisions fo residential uses.
22-338.1 Nonconforming acce sory dwelling units.
22-338.2 Nonconforming adul entertainment, activity, retail, or use.
22-339 Special provisions fo compliance with government regulations.
22-340 S ecial rovisions fì critical a uifer rechar e areas and wellhead
22 31022-341 Prohibition on in reasing nonconformance.
22 311 22-342 Applicability of' building codes.
22 34222-343 Special provisio for damaged improvements.
22 31322-344 Appeals.
22 311 Reserved.
required.
to nonconforming use.
ormance that was illegal when initiated.
with certain provisions required.
ces specifically regulated - Generally.
rotection areas.
22-325 Purpose and intent.
The purpose of this article is 0 allow for the continuance and maintenance oflegally established
nonconforming uses and structur s, and to provide standards delineating the circumstances in which
nonconforming uses and structur s must be brought into conformance with the standards and provisions
prescribed within this chapter. In articular, the intent ofthis article is to:
(1) Ensure a reasonable portunity for use oflegally created lots which do not meet current
minimum code requirements for he zoning district in which they are located.
(2) Ensure a reasonable pportunity for use, maintenance and minor improvement of legally
constructed buildings, structures nd site development features, encourage a reasonable opportunity for a
change of tenants using such bui ings, structures, or features, even where those buildings, structures and
features do not comply with dev opment regulations prescribed by this chapter, and provide more
flexibility relative to structures a d developments that were built in accordance with the codes and laws in
effect at the time of construction
(3) Ensure a reasonable pportunity for continuation oflegally established uses which do not
conform to use regulations for t zoning district in which they are located.
(4) Encourage the replac ment ofnonconforrning uses having potentially undesirable impacts on
conforming uses.
(5) Encourage the upgrad g of nonconforming buildings, structures and site development
features which do not comply wit development regulations prescribed by this chapter. (Ord. No. 97-307, §
3, 12-16-97)
22-326 Administration.
This article establishes when
development must be brought int
used only if there is some aspect
under this chapter. (Ord. No. 90-43
135, § 3(165.05),4-21-92; Ord. No.
nd under what circumstances nonconforming aspects of a use or
conformance with this chapter. The provisions of this article should be
the use or development on the subject property that is not permitted
§ 2(165.05),2-27-90; Ord. No. 91-113, § 4(165.05), 12-3-91; Oed. No. 92-
-144, § 3(165.05), 6-16-92; Ord. No. 97-307, § 3,12-16-97)
22-327 When conformance is r uired.
If an aspect, element, activity r use of or on the subject property conformed to the applicable zoning
chapter in effect at the time that a ect, element, activity or use was constructed or initiated, that aspect,
element, activity or use way conti ue and need not be brought into conformance with this chapter unless a
provision of this article requires c nformance. (Ord. No. 90-43, § 2(165.10), 2-27-90; Oed. No. 91-113, §
4(165.10),12-3-91; Oed. No. 92-135 § 3(165.10),4-21-92; Oed. No. 92-144, § 3(165.10),6-16-92; Oed. No. 97-
307, § 3,12-16-97)
22-328 Regulations applicable t nonconforming use.
If a use is nonconforming in t e zone in which it is located, this chapter does not establish applicable
dimensional or other regulations. f the use is a legal nonconforming use, the city will, in order to identify
applicable regulations, determine he zone that allows the uses most similar to the nonconforming use and
apply the development regulation of that zone. If the use is a legal nonconforming use that is allowed in
one or more zones other than the one in which it is located, the city detennine the zone most similar to
the zone in which the nonconfo 'ng use is located and apply the development regulations of that zone.
(Ord. No. 90-43, § 2(165.15), 2-27-9 ; Oed. No. 91-113, § 4(165.15),12-3-91; Ord. No. 92-135, § 3(165.15), 4-21-
92; Oed. No. 92-144, § 3(165.15), 6- 6-92; Oed. No. 97-307, § 3,12-16-97)
22-329 Abatement of nonconfo mance that was illegal when initiated.
(a) Generally. Except as spec led in subsection (b) of this section, any nonconformance that was
illegal when initiated must imme 'ately be brought into conformance with this article. The city may,
using the provisions of Article IV of this chapter or any other applicable law, immediately abate any
nonconformance that was illegal hen initiated.
(b) Exceptions. If a nonconfo ance has ever been in complete conformance with an applicable
zoning code it may continue to e st subject to the provisions of this article, and it is not subject to
abatement under subsection (a) 0 this section. (Ord. No. 90-43, § 2(165.20), 2-27-90; Oed. No. 91-113, §
4(165.20), 12-3-91; Oed. No. 92-135 § 3(165.20),4-21-92; Oed. No. 92-144, § 3(165.20),6-16-92; Oed. No. 97-
307, § 3, 12-16-97)
22-330 Immediate compliance
(a) Generally. Regardless of
be immediately brought into con
(1) Nonconformance wit
(2) Nonconformance wit
(3) Nonconformance wit
(4) Nonconformance wit
(5) Nonconformance wit
(6) Nonconformance wit
through 8-120, to the extent that
director in consultation with the
FWCC - Nonconformance
ith certain provisions required.
yother provision of this article, the following nonconformances must
rmance with the applicable provisions of this chapter:
the noise standards in FWCC 22-956;
the lighting standards in FWCC 22-954;
the heat emission standards in FWCC 22-951;
the radiation standards in FWCC 22-959;
the air quality standards in FWCC 22-947;
the standards in the Uniform International Fire Code and FWCC 8-51
e nonconformance poses a threat to life or safety, as determined by the
propriate fire safety officials;
Page 2
(7) Nonconformance wit the odor standards in FWCC 22-958;
(8) Nonconformance wit the provisions in FWCC 22-1111 et seq.; regarding parking and storage
of large vehicles in residential zo
(9) Nonconfoiniailce wiT
(10) Nonconformance wi
(11) Nonconformance wi
(12) Nonconformance wi
over rights-of-way.
(b) Abatement. The city may, sing any ofthe provisions ofFWCC 22-121 et seq. or any other
applicable law, immediately abat or seek discontinuance of-any nonconformance listed in subsection (a)
of this section. (Ord. No. 90-43, § 2 165.25),2-27-90; Ord. No. 91-113, § 4(165.25), 12-3-91; Ord. No. 92-135, §
3(165.25),4-21-92; Ord. No. 92-144 § 3(165.25), 6-16-92; Ord. No. 97-307, § 3,12-16-97)
s;
the provisions in FWCC 22-952 regarding junk;
the glare standards in FWCC 22-950;
the provision in FWCC 22-1596 regarding portable outdoor signs;
the provision in FWCC 22-1596 regarding location of signs extending
22-331 Certain nonconformanc s specifically regulated - Generally.
(a) FWCC 22-332 through 22 336 specify when and under what circumstances certain
nonconformances must be correct d. If a nonconformance must be corrected under this section, the
applicant must, as part ofthe appl cation for any development permit, submit all information that the city
reasonably needs to review the co ection. In addition, the city will not issue a certificate of zoning
compliance or permit occupancy ntil the correction is made.
(b) If FWCC 22-330 applies a specific nonconfonnance, the provisions of this section do not apply
to that same nonconformance. (0 . No. 90-43, § 2(165.35(1)), 2-27-90; Ord. No. 91-113, § 4(165.35(1)), 12-3-
91; Ord. No. 92-135, § 3(165.35(1)), -21-92; Ord. No. 92-144, § 3(165.35(1)), 6-16-92; Ord. No. 97-307, § 3,12-
16-97)
22-332 Nonconforming use.
Any nonconforming use mus be terminated if:
(1) The applicant is maki g structural alterations or increasing the gross floor area of any
structure that houses or supports e nonconforming use;
(2) Other than as specifie in subsection (1) of this section, the applicant is making changes or
alterations or doing work, other t an normal maintenance, in anyone consecutive 12-month period to any
structure that houses or supports e nonconforming use and the fair market value of that change,
alteration or work exceeds 15 per ent of the assessed or appraised value of that structure. The applicant
may provide an appraisal of the s cture on the subject property. The appraisal must be from a source
that is acceptable to the city. The ommunity development director may require the applicant to provide
an appraisal from a source accept ble to the city if the assessed valuation appears to be inappropriate. If
an appraisal is provided by the a licant or required by the city, the larger ofthe two amounts shall be
used;
(3) The subject property as been abandoned. (Ord. No. 90-43, § 2(165.35(2)),2-27-90; Ord. No. 91-
113, § 4(165.35(2)),12-3-91; Ord. .92-135, § 3(165.35(2)),4-21-92; Ord. No. 92-144, § 3(165.35(2)), 6-16-92;
Ord. No. 97-307, § 3,12-16-97)
22-333 Nonconforming proced reo
Repealed by Ord. No. 97-30 . (Ord. No. 90-43, § 2(165.35(3)), 2-27-90; Ord. No. 91-113, § 4(165.35(3)),
12-3-91; Ord. No. 92-135, § 3 (165. 5(3)),4-21-92; Ord. No. 92-144, § 3 (165.35(3)), 6-16-92.)
22-334 Nonconforming develo ment.
If any aspect, structure, impr vement or development does not conform to the development
regulations prescribed in this cha ter, that aspect, structure, improvement or development must be
brought into conformance or oth ise improved as set forth below.
(1) Change of use - Sin e-tenant site. If any applicant proposes a change of use on property used
or occupied by a single tenant or se, the applicant shall meet those provisions determined by the director
FWCC - Nonconformance
Page 3
to be reasonably related and appli able to the change of use. These provisions shall apply to the entire
site.
(2) Change of use ~ Multi tenant site. If an applicant proposes a change of use on only a portion
of property occupied by multiple nants or uses,1he applicant shall meet those provisions determined by
the director to be reasonably relat and applicable to the change of use. These provisions shall apply
only to that geographic portion of he site related to the use or tenant space on which the change is
proposed.
(3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use
on the subject property in anyone ofthe following ways, the applicant shall comply with the development
regulations in effect at the time 0 he proposal, as specified below:
a. If expansion of gro s floor area of an existing building occurs either through addition of new
floors within the structure or enla ement ofthe existing building footprint, the applicant shall comply with
all development regulations in eff, ct at the time the expansion is proposed. If the property on which the
expansion is proposed is occupie by multiple tenants or uses, the applicant sh~ll comply with those
development regulations applicab to the geographic portion of the site on which the expansion is proposed;
or
b. If a new and separ e structure is being constructed on an already developed site, the
applicant shall comply with all de elopment regulations applicable to the geographic portion of the site
on which the new structure and a related improvements are to be constructed; or
c. If the increase in ss floor area involves an existing single-family residential dwelling,
the applicant shall comply with t development regulations in effect at the time of the proposal. For
single-family residences, existing onconformities may remain and continue so long as the existing
nonconformities are not being inc eased or expanded in any way. New construction or renovation which
involves the increase in gross flo area of a nonconforming single-family structure is subject to all
applicable requirements of this C de including but not limited to provisions related to environmentally
sensitive areas (Article XIV), off- treet parking (Article XV), improvements (Article XVI), and
landscaping (Article XVII).
(4) Abandonment. If an a plicant pr9poses any work, including tenant improvements, on property
that has been abandoned. The ap icant shall comply with all development regulations applicable to the
subject property, to the extent ph ically or technically practicable on the site.
(5) The use conducted on he subject property has ceased for more than one year, in which case
the applicant shall repair and/or r store the improvements on the site (e.g., drainage, landscaping, curbing,
parking, parking lot landscaping, tc.) to a condition as near as physically possible to the condition
required by the requirements of a proval of the existing development.
(6) The applicant is maki g any alteration or changes or doing any work, other than normal
maintenance or other than tenant mprovements, in anyone consecutive l2-month period to an
improvement that is nonconformi g and the fair market value of the alteration, change or other work
exceeds 50 percent of the assesse or appraised value of that improvement. The applicant may provide an
appraisal of the improvement. Th appraisal must be from a source acceptable to the city. The director
may require the applicant to prove an appraisal from a second source acceptable to the city if the
assessed valuation appears to be' accurate or inappropriate. If more than one appraisal is provided by the
applicant or required by the city, he larger of the two amounts shall be used. In the event this subsection
is triggered with respect to a sing -tenant or single-occupant site, the applicant shall meet all
development regulations applica e to the property. In the event this subsection is triggered with respect
to a site occupied by multiple ten nts or uses, the applicant shall comply with those development
regulations applicable to the geo aphic portion of the site on which the alteration, change or
improvement is proposed. For pu oses of this determining value under this section, improvements
required pursuant to FWCC 22-3 4 (nonconforming development), 22-336 (street/sidewalk
improvements), 22-337 (noncon rming water quality improvements) and 22-1473 (street/sidewalk
FWCC - Nonconformance
Page 4
towards the 50 percent threshold which would trigger application of
improvements) shall not be count
this subsection.
This section does not gov m application of Article XIX, community design guideliDes;
application of Article XIX is gov ed by FWCC 22-1630 thr°.t:Bh 22-1639, as amended. This section
also does not govern appli~ation development regulations relating to water quality, signs, or
street/sidewalk improverneñfS; ap lication of those development regulations is governed by FWCC 22-
337,22-335,22-336 and 22-1472 all as amended. (Ord. No. 90-43, § 2(165.35(4)), 2-27-90; Ord. No. 91-113,
§ 4(165.35(4)),12-3-91; Ord. No. 92 135, § 3(165.35(4)),4-21-92; Ord. No. 92-144, § 3(165.35(4)), 6-16-92; Ord.
No. 97-307, § 3,12-16-97; Ord. No. 2-420, § 3,7-2-02)
*Editor's note - Ordinance No. 97-3 , § 3, adopted December 16, 1997, amended § 22-334 to read as herein set
out. Formerly, such section pertained 0 certain nonconformance specifically regulated - nonconforming parking.
22-335 Nonconforming signs.
(a) Purpose. In order to ease t e economic impact of this Code on businesspersons with substantial
jnvèstment in signs in existence 0 the date of adoption of this Code, this section provides for up to 10
years of continued use of a nonco forming sign in its existing state. During this period, it is expected that
the sign may be amortized in its v lue over this 10-year time period and/or may be amortized for federal
income tax purposes; provided, h wever, that whether a sign is amortized for tax purposes shall not affect
the application of this section.
(b) Definitions. A "nonconfo
legally in existence on the effecti
the sign regulations of Article X
terms or phrases used in this secti
forth in FWCC 22-1 and 22-1597
(c) Legal nonconformance.
(1) Eligibility. Any nonc
this Code, February 28, 1990, or
with the provisions of this Code,
meets the following requirements
a. The sign was cove d by a sign permit on the date of adoption of this Code, if one was
required under applicable law; or
b. Ifno sign permit s required under applicable law for the sign, the sign was in all
respects in compliance with appli able law on the date of adoption of this Code.
(2) Allowed. All legal no conforming signs are allowed subject to all permit requirements, the
provisions covering loss of legal onconforming status and other limitations set forth in this section.
(3) Exclusions. No temp ary signs, portable signs, special signs, or incidental signs shall be
eligible for characterization as Ie al nonconforming signs.
(d) Legal nonconforming si permit.
(1) Required. A legal no onforming sign permit is required for each legal nonconforming sign.
The permit shall be obtained by t e sign user or the sign owner, or the owner of the property upon which
the sign is located, within 60 day of notification by the city that the sign is legal nonconforming. The
permit shall be issued for no fee d shall expire at the end of the applicable amortization period
prescribed in subsection (e) of th section.
(2) Necessary informatio . Applications for a legal nonconforming sign permit shall contain the
name and address of the sign use, the sign owner and the owner of the property upon which the sign is
located, and such other pertinent nformation as the director of community development may require to
ensure compliance with the Cod including proof of the date of installation of the sign.
(3) Failure to comply. A egal nonconforming sign for which no permit has been issued within the
60-day period shall within six m ths be brought into compliance with the Code or be removed. Failure
to comply shall subject the sign er, owner and/or owner of the property on which the sign is located to
the remedies and penalties of F C 22-1604.
FWCC - Nonconformance
ing sign" means any sign as defined by FWCC 22-1597 which was
e date of this Code, February 28, 1990, but which does not comply with
II of this chapter, Signs, or any other sections of this Code. Any words,
n and which are not otherwise defined shall have the meanings set
forming sign located within the city limits on the date of adoption of
cated in areas annexed to the city thereafter which does not conform
eligible for characterization as a legal nonconforming sign provided it
Page 5
(e) Amortization. All legal no conforming signs shall be discontinued and removed or made
conforming within 10 years from e effective date of this Code, on or before February 28, 2000, and all
signs which are made nonconfo 'ng by a subsequent amendment to this Code shall be discontinued and
removed or made conforming wit in five years after the date of such amendment (collectively the
"amortization period"). Upon the xpiration of the amortization period, the sign shall be brought into
conformance with this Code, with a permit obtained, or be-removed. A sign prohibited pursuant to FWCC
22-1600 may not be brought into onformance and must therefore be immediately removed upon the
expiration of the amortization pe d.
(f) Extension ôr exemption fr m amortization period.
(1) Applicability. This su section applies to any sign which is required to be removed pursuant to
subsection (e) of this section folIo ing expiration of the amortization period.
(2) Purpose. A sign amo zation exemption or extension is a mechanism by which the city may
provide relief from the effect of t sign amortization program when its enforcement would fail to
noticeably improve the appearanc of the neighborhood and the city any when a hardship would result
from its enforcement.
(3) Who may apply. The roperty owner or the person displaying the sign which is required to be
removed pursuant to subsection ( of this section may apply for a sign amortization extension or
exemption.
(4) Decisional criteria. application for a sign amortization exemption or extension may be
approved or approved with modi ation if it satisfies all of the following criteria:
a. The sign is compat Ie with the architectural design of structures on the subject property;
b. The sign substanti ly complies with the requirements of the sign code for the land use
district in which it is located. For urposes of this subsection, "substantial compliance" means that the
height of the sign is within lOpe ent of the sign height required by Article XVIII of this Code and that
the sign area of the sign is within 0 percent of the sign area required by Article XVIII of this Code.
Minor deviations from these perc ntages may be approved by the administrator ifhe or she concludes that
the resulting sign is harmonious 'th the character of the primary structures on the subject property and
with the signs and structures on sounding properties;
c. The enforcement 0 this Code would result in a substantial hardship to the applicant due to
the size, shape, topography, locat n or surroundings of the subject property and such hardship was not
created by any action of the appli ant or would result in a substantial economic hardship to the applicant
because the applicant erected a si , or made an application for a sign permit, between February 28, 1990,
and June 6, 1995, in compliance ith the existing sign code;
d. The sign complies ith the city's minimum sign distance at intersection requirements
pursuant to FWCC 22-1151 et se .;
e. If illuminated, the ign is oriented away from residentially developed or zoned property or
is adequately screened so that the source oflight is not correctly visible;
f. It is consistent wit the city's comprehensive plan; and
g. It is consistent wit the public health, safety and welfare.
(5) Applicable procedure Except as otherwise provided by this subsection (f), the city will
process an application for a sign mortization exemption or extension through process I of this Code.
(g) Loss of legal nonconfo ng sign status. All nonconforming signs shall be immediately removed
or modified to conform to all the rovisions of this chapter, and a new permit secured therefor therefore,
and such nonconforming sign sh 1 immediately lose its legal nonconforming designation when one or
more of the following events occ s:
(1) Structural changes. e applicant is making structural alterations or increasing the gross floor
area of any structure that houses r supports the use with which the legal nonconforming sign is
associated.
FWCC - Nonconformance
Page 6
(2) Other alterations. The pplicant is making any change, alteration or performing work other
than normal maintenance or other an tenant improvements, in any l2-month period to any structure that
houses or supports the use with w . ch the nonconformîng sign is associated and the fair market value of
those changes, alterations or other ork exceeds 25 percent of the assessed value of that structure as
determined by the Kmg County as essor.
(3) Abandonment or busi ss cessation. The subject property containing the sign is abandoned for
90 or more consecutive days or th activity conducted on the subject property ceases for 180 consecutive
days.
(4) Sign alterations. The a plicant is making changes, alterations or performing any work to the
legal nonconforming Sign other th n regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing th sign; provided, however, that replacing any individual tenant's
identification sign in either a cent identification sign which separately identifies the tenants or in a
tenant directory sign shall not res t in the loss of such sign's legal nonconforming sign designation.
(5) Chà"\1ge in use. There s been a change in use on the subject property as that term is defined
by FWCC 22-1. '-
- (6) Change in tenant. The has been a change in tenant or business on the subject property.
In connection with any m ltiuse or multi-tenant complex, the foregoing events which require that
a nonconforming sign be either re oved or brought into conformance with this Code, shall apply only to
the individual owner's or tenant's uilding-mounted or freestanding signs who has triggered the
elimination of the legal nonconfo ance and not to the other signs located on the subject property,
including any copy change in a ce ter identification or tenant directory sign in order to include such
tenant's name.
(h) Historic signs. Nonconfo
VII of this Code, if the sign is det
criteria:
(1) The sign is used in co
building pursuant to any federal,
(2) The subject sign or si
(3) The subject sign or si
time it was installed; and
(4) The subject sign or si s have been well maintained and are not materially detrimental to the
public health, safety and welfare.
(i) Government acquisition 0 property for right-of-way.
(1) A sign that becomes nconforming with respect to its setback from the edge of a public
right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way
expansion shall be characterized a legal nonconforming sign and shall be allowed subject to the
requirements of subsection (i)(3) fthis section.
(2) The city may, using p ocess I, allow the placement of a new sign or relocation of an existing
sign within a required setback if i meets all of the following criteria:
a. The enforcement 0 this Code would result in substantial hardship to the applicant because
no feasible location exists to plac a sign on the subject property other than in a required setback, and
such hardship was created solely y local, state, or federal government acquisition of property for right-
of-way expansion and not by any ction of the applicant;
b. The sign is not pro ibited by FWCC 22-1600 and, except for location within a required
setback, complies with all other r quirements of FWCC 22-1596 through 22-1629;
c. The sign complies 'th the city's minimum sight distance at intersection requirements
pursuant to FWCC 22-1511 et se .; and
d. Location ofthe si with a required setback is otherwise consistent with the public health,
safety, and welfare.
ing on-site historical signs may be retained through process II, Article
ined to be of historic significance by satisfying all of the following
ection with a building which has been designated as a historic
ate or local preservation authority;
s are substantially unchanged or unaltered since initial installation;
s are a good example of the prevailing signage during the period in
FWCC - Nonconformance
Page 7
(3) Loss oflegal nonconfì ing sign status. All nonconforming signs specified in subsections (1)
and (2) of this section shall be im ediately removed or modified to confonn to all the provisions of this
chapter, and a new permit secured herefor~, and such nonconforming sign shall immediately lose its legal
nonconforming designation when ne or more of the following events occurs:
a. The applicant is ma ing any changes, alteration, or performs any work to the legal
nonconforming sign other....¡han re lar and normal maintenance. Prohibited sign alterations include
relocating the sigh or replacing th sign; provided, however, that any copy change in a center
identification or tenant directory s shall not result in the loss of such sign's legal nonconforming sign
designation; or
b. The applicant is m ing any changes, alterations, or performs work other than normal
maintenance or other than tenant i provements to any structure or improvement that houses or supports
the use with which the nonconfo ing sign is associated, and the fair market value of those changes,
alterations, or other work, in any e consecutive l2-month period, exceeds 75 percent of the assessed
value of that structure or improve ent, as determined by the King County assessor. The applicant may
provide an appraisal of the struct e or improvement. The appraisal must be from a source that is
acceptable to the city. The comm ity development services director may require the applicant to provide
an appraisal from a source accept Ie to the city if the assessed valuation appears to be inaccurate or
inappropriate. If an appraisal acce table to the city is provided by the applicant or required by the city, the
larger of the two amounts shall be sed. For purposes of determining value under this subsection,
improvements required pursuant t FWCC 22-334 (nonconforming development) and/or 22-336 (street!
sidewalk improvements) shall not e counted towards the 75-percent threshold, which would trigger
application of this subsection.
(j) Exemption. The city may ect not to apply any provision of this section if the removal of a sign
would require the city to pay com ensation under any federal, state or other law, including Chapter 47.42
RCW. (Ord. No. 90-43, § 2(165.35 ( »,2-27-90; Ord. No. 91-113, § 4 (165.35(5»,12-3-91; Ord. No. 92-135, § 3
(165.35(5»,4-21-92; Ord. No. 92-14 , § 3 (165.35(5», 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, §
3,12-16-97; Ord. No. 99-357, § 4,1 7-99; Ord. No. 01-398, § 1,7-17-01)
22-336 When public improvem nts must be installed.
Any applicant for a develop nt permit for any type of activity on property on which a
nonconformance is located shall ovide the improvements required by Article XVI ofthis chapter, as
provided in FWCC 22-1473, as a ended. (Ord. No. 90-43, § 2(110.20), 2-27-90; Ord. No. 97-307, § 3,12-16-
97)
Editor's note - Ordinance No. 97-30 § 3, adopted December 16, 1997, amended § 22-336 to read as herein set out.
Formerly, such section pertained to nconforming signs - nonconforming buffers and derived from Ord. No. 90-
43, § 2(165.35(6», 2-27-90; Ord. No 91-113, § 4(165.35(6»,12-3-91; Ord. No. 92-135, § 3(165.35(6»,4-21-92;
Ord. No. 92-144, § 3(165.35(6»,6-1 -92.
22-337 Nonconforming water ality improvements.
This section sets forth the sta dards when and under what circumstances a structure, improvement or
development or property that doe not conform to the development regulations prescribed in Chapter 21
FWCC (as amended) relating to ater quality, or does not conform to the development regulations
contained in Article XIII, Divisio 12, of this chapter (FWCC 22-1196 through 22-1220, as amended)
must be brought into compliance ith the development regulations in Chapter 21 FWCC pertaining to
water quality and Article XIII, D' 'sion 12 of this chapter (FWCC 22-1196 through 22-1220, as
amended).
(1) Redevelopment. Any erson proposing to redevelop a structure, improvement, development
or property must bring that struct e, improvement, development or property into compliance with the
development regulations in Chap r 21 FWCC pertaining to water quality and Article XIII, Division 12 of
this chapter (FWCC 22-1196 thr gh 22-1220, as amended), where the proposed redevelopment meets or
exceeds the thresholds set forth b low. For the purposes of this section, "redevelop" or "redevelopment"
FWCC - Nonconformance
Page 8
means, on an already developed si e; the creation or addition of impervious surface; the expansion of a
building footprint or addition or r lacement of a structure; structural development including an increase
in gross floor area and/or exterior onstruction or remodeling, where the structural development exceeds
50 percent of the assessed or appr ised value of the structure or improvement being redeveloped; the
repair or replacement of impervio s surface that is not part of a routine maintenance activity; a change of
use which has a potential to releas a new pollutant(s) to the city's surface water systems; or land
disturbing activities associated wi impervious redevelopment.
a. Redevelopment wh ch involves the creation or addition of impervious surfaces having an
area of 5,000 square feet or more;
b. Redevelopment w ch involves the construction or replacement of a building footprint or
other structure having a surface a a of 5,000 square feet or more, or which involves the expansion of a
building footprint or other structu by 5,000 square feet of surface area or more;
c. Redevelopment wh ch involves the repair or replacement of 5,000 square feet or more of
an impervious surface, when such edevelopment is not part of a routine maintenance activity;
d. Redevelopment w ch involves the collection and/or concentration of surface and/or
stormwater runoff from a drainag area of 5,000 square feet or more;
e. Redevelopment w ch contains or directly discharges to a floodplain, stream, lake,
wetland, or closed depression, gr ndwater recharge area, or other water quality sensitive area determined
by the public works director, base on a written map, policy, water quality monitoring data or plan in
existence or implemented by the 'rector prior to submission of a redevelopment application which is
determined to trigger application f this subsection, or based on information developed during review of a
particular redevelopment applicat n;
f. Redevelopment wh h involves a change in use, and the changed use has a potential to
release a new pollutant(s) to surf a e water systems within the city. For the purposes of this subsection,
"new pollutant(s)" means a pollut nt that was not discharged at that location immediately prior to the
change in use, as well as a poIlu t that was discharged in less quantities immediately prior to the change
III use;
g. Redevelopment, ot er than normal maintenance or other than the tenant improvements, but
including any increase in gross fl or area, in anyone consecutive l2-month period which exceeds 50
percent of the assessed or apprais d value (whichever is greater) of the structure or improvement being
redeveloped. The applicant may ovide an appraisal of the improvement. The appraisal must be from a
source acceptable to the city. The irector may require the applicant to provide an appraisal from a second
source acceptable to the city if th assessed valuation appears to be inaccurate or inappropriate. If more
than one appraisal is provided by he applicant or required by the city, the greater of the two amounts
shall be used. For purposes ofthi determining value under this section, improvements required pursuant
to FWCC 22-334 (nonconformin development), 22-336 (street/sidewalk improvements), 22-337
(nonconforming water quality im rovements) and 22-1473 (street/ sidewalk improvements) shall not be
counted towards the 50 percent t eshold which woùld trigger application of this subsection;
h. Redevelopment of roperty which drains or discharges to a receiving water that has a
documented water quality proble , as determined by the public works director based on a map, plan,
water quality monitoring data or written policy in existence or implemented by the director prior to
submission of a redevelopment a plication determined to trigger application of this subsection, where the
director determines that the rede lopment requires additional specific controls to address the
documented water quality proble .
(2) Timing. All improve ents required by this section shall be constructed or installed concurrent
with the redevelopment triggerin application of this section, unless an applicant for redevelopment opts
to pursue incremental constructio of required improvements. In that event, the applicant shall develop
and submit to the public works d' ector a stormwater management plan detailing all of the improvements
required by this sectiop., and proc ed according to the following subsections.
FWCC - Nonconfonnance
Page 9
a. Extent of construct n of required water quality improvements. Where the public works
director determines that incremen I construction is physically feasible, the applicant shall construct that
portion of the required improvem ts according to the following schedule:
% of Redevelop nt % of Water Quality Improvements
0 - 24 25
25 - 49 50
>50 100
Where construction 0 100 percent of water quality improvements is required under this
subsection, the improvements ma be constructed over a period extending no more than five years from
the date of approval of the redeve pment. A person choosing to utilize such extended construction shall
provide, prior to approval of the s ormwater management plan, a performance bond and bond agreement
that:
1. Have a term e al to the construction schedule proposed in the plan; and
2. Comply with t e applicable requirements ofFWCC 22-147 through 22-175, as
amended.
b. Incremental cons ction not feasible. Where the public works director determines that
incremental construction is not p sically feasible, 100 percent of the required water quality
improvements must be installed, oncurrent with the redevelopment.
c. Calculation of red elopment value. For purposes of calculating the value of
redevelopment in order to apply bsection (2)(a) of this section, the public works director shall consider
the cost of the proposed redevelo ment as a percentage of the assessed or appraised value (whichever is
greater) of all structures on the s ~ect property. If an appraisal is used, it must be prepared by an MAl
appraiser acceptable to the city, a d paid for and submitted by the applicant.
d. Subsequent redev opment. Whenever any person seeks approval for redevelopment on
property for which incremental c nstruction of required water quality improvements was previously
authorized pursuant to this subse ion (2), any additional water quality improvements to be required shall
be determined by application oft e schedule in subsection (2)(a) based on the stormwater management
plan prepared as part of the first quest for authorization of incremental construction. If water quality
requirements have changed since reparation of the initial stormwater management plan, a new plan shall
be prepared detailing improveme ts required to comply with any existing and new requirements, and the
schedule in subsection (2)(a) sha also be applied to the new plan.
(3) Location of water qu ity improvements. A person proposing redevelopment on a property or
site having a Federal Way compr hensive plan designation ofCC-F (City Core - Frame) or CC-C (City
Core - Center) may construct wa er quality facilities required by this section below grade.
Editor's note - Ordinance No. 97-30 , § 3, adopted December 16, 1997, amended § 22-337 to read as herein set out.
Formerly, such section pertained to onconforming signs - any other nonconformance and derived from Ord. No.
90-43, § 2(165.35), 2-27-90; Ord. N .91-113, § 4(165.35), 12-3-91; Ord. No. 92-135, § 3(165.35),4-21-92; Ord.
No. 92-144, § 3(165.35), 6-16-92.
22-338 Special provisions for r sidential uses.
If the subject property contai s a residential use that became nonconforming as to use or density as a
result of the adoption of this cha ter, the following regulations apply:
(1) If the improvements n the subject property are damaged or destroyed by any sudden cause,
the structure may be rebuilt; pro 'ded, that the number of dwelling units and the gross floor area in and on
the subject property may not be' creased from that which existed immediately prior to the damage or
destruction and any other nonco formity of or on the subject property may not in any way be increased.
The provisions of this subsectio are only available if the applicant applies for a building permit within 12
months after the sudden damage r destruction and construction is commenced and completed under that
building permit.
(2) Other than as specifi d in subsection (1) of this section, the nonconforming use or density
must be corrected if the applica is making changes, alterations or doing other work, other than normal
FWCC - Nonconformance
Page 10
maintenance, in any 12-month pe od to any structure on the subject property containing multi-unit
housing (attached and/or stacked welling units) and fair market value of these changes, alterations or
other work exceeds 50 percent of he assessed or appraised value of that multi-unit structure. The
applicant may provide an apprais of the improvement. The appraisal must be from a source that is
acceptable to the city. The comm ity development director may require the applicant to provide an
appraisal from a source acceptabl to the city if the assessed valuation appears to be inappropriate. If an
appraisal is provided by the appli nt or required by the city, the larger of the two amounts shall be used.
Changes, alterations, additions or ther work is subject to all applicable requirements ofthis Code
including but not limited to provi 'ons related to environmentally sensitive areas (Article XIV), off-street
parking (Article XV), improveme ts (Article XVI), and landscaping (Article XVII).
(3) Other than as specifie in subsection (1) of this section, the nonconforming use or density
must be corrected if the applicant s making changes, alterations, adding improvements or doing other
work other than normal maintena ce, in any 36-month period, on the subject property containing a single-
family use and fair market value fthese changes, alterations, additions or other work exceeds 75 percent
of the assessed or appraised valu of that single-family structure. Changes, alterations, additions or other
work must comply with all bulk, imensional and other development requirements for a single-family
detached dwelling located in the S 7.2 zone (FWCC 22-631). The applicant may provide an appraisal of
the improvement. The appraisal ust be from a source that is acceptable to the city. The community
development director may requir the applicant to provide an appraisal from a source acceptable to the
city if the assessed valuation app rs to be inappropriate. If an appraisal is provided by the applicant or
required by the city, the larger of he two amounts shall be used. Changes, alterations, additions or other
work is subject to all applicable r quirements of this Code including but not limited to provisions related
to environmentally sensitive area (Article XIV), off-street parking (Article XV), improvements (Article
XVI), and landscaping (Article X II). (Ord. No. 90-43, § 2(165.45),2-27-90; Ord. No. 91-113, § 4(165.45), 12-
3-91; Ord. No. 92-135, § 3(165.45), -21-92; Ord. No. 92-144, § 3(165.45), 6-16-92; Ord. No. 97-307, § 3,12-16-
97; Ord. No. 02-419, § 3,7-2-02)
*Editor's note - Ordinance No. 97-3 7, § 3, adopted December 16, 1997, deleted § 22-338. Formerly, such section
pertained to additional provision if a uasi-judicial decision is required and derived from Ord. No. 90-43, §
2(165.40),2-27-90; Ord. No. 91-113 § 4(165.40),12-3-91; Ord. No. 92-135, § 3(165.40),4-21-92; Ord. No. 92-
144, § 3(165.40), 6-16-92. Subseque dy, the same ordinance renumbered §§ 22-339 - 22-343 as 22-338 - 22-342.
22-338.1 Nonconforming ccessory dwelling units.
(a) Eligibility. Any nonconfo ing accessory dwelling unit ("ADD") located within the city limits on
the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter,
which does not conform to FWC 22-613, 22-648, 22-965 or any other provisions of this Code, is
eligible for designation as a legal onconforming ADU provided it meets the following requirements:
(1) The ADD was cover by a permit on the date of adoption of this Code, if one was required
under applicable law; or
(2) If no permit was req red under applicable law, the ADD was in compliance with applicable
law on the date of adoption of thO .Code.
(b) Allowed. All legal nonco forming ADUs are allowed subject to the provisions related to loss of
nonconfonning status and other I mitations set forth in this chapter.
(c) Loss oflegal nonconfo ng ADD status. All nonconforming ADDs shall be immediately
removed or modified to confonn 0 all of the provisions of this Code and a permit secured therefor, and
shall lose their legal nonconform g designation when one or more of the following events occur:
(1) Increase in square fo tage. The applicant is increasing the gross floor area of any ADU;
(2) Other alteratioI].s. Th applicant is making any change, alteration or performing work other
than normal maintenance or othe than tenant improvements, in any 12-month period to any ADU and the
fair market value of such change, alterations or other work exceeds 50 percent of the assessed value of
that ADU as determined by the ing County assessor;
FWCC - Nonconformance
Page 1 I
(3) Abandonment or cess
abandoned for 90 or more consec
(4) Change in use. There
by FWCC 22-1. (Ord. No. 95-245,
Editor's note- Provisions enacted by
included herein at the discretion of th
ion of occupancy. The subject property containing the ADU is
ive days or the ADO is not occupied for 180 consecutive days; or
as been a change in use on the subject property as that term is defined
3(E), 12-5-95; Ord. No. 97-307, § 3,12-16-97)
3(E) of Ord. No. 95-245, adopted Dec. 5, 1995, as § 22-339, have been
editor as § 22-338.1.
22-338.2 Nonconforming adult
Any adult entertainment, acti
of this Code, which are either ma
uses shall be terminated within 0
upon the approval of an applicati
of the effective date of this Code
The director's decision on wheth
shall be based upon the applicant
irreversible financial investment
reasonable alternative uses of the
ntertainment, activity, retail, or use.
ity, use, or retail use located within the city limits on the effective date
e nonconforming by this Code or which are existing nonconforming
year; provided, however, that such termination date may be extended
filed with the city's community development director within 120 days
rovision requesting an extension to such one-year amortization period.
or not to approve any extension period and the length of such period
learly demonstrating extreme economic hardship based upon an
commitment made prior to February 1, 1999, which precludes
ubject property. (Ord. No. 99-347, § 3, 8-3-99)
22-339 Special provisions for c mpliance with government regulations.
The provisions of this sectio will be followed regardless of any conflicting regulations of this article.
Any regulations of this article wh ch do not conflict with the provisions of this section are unaffected by
this section.
(1) Oil tanks. Anyexcav ion, development activity or construction performed to comply with the
"Underground Storage Tanks; Te hnical Requirements and State Program Approval; Final Rules" (40
CFR 280 and 281), as now existi g or as hereafter amended or with the provisions of Chapter 90.76
RCW, or any regulations adopte thereunder, may not be used as the basis, or part of the basis, for
requiring that nonconformance 0 the subject property be corrected.
(2) Governmental acquis ion of property for right-of-way expansion. A proposal for structural
alterations or change in use shall ot trigger a requirement otherwise applicable under FWCC 22-334"that
an applicant correct an existing n nconformance as to lot coverage, minimum lot size, parking,
landscaping, or setback requirem nts, if the nonconformance w~s created solely by a local, state, or
federal government acquisition 0 property for right-of-way expansion, and if the proposal meets the
following requirements:
a. The nonconformi is not, in any way, enlarged, expanded, increased, intensified,
compounded, or in any other wa made greater;
b. The applicant is king any alteration or changes ordoing any work, other than tenant
improvements and the fair mark value of the alteration, change or other work, in anyone consecutive
l2-month period, does not excee 75 percent of the assessed or appraised value of the improvement. The
applicant may provide an apprai I of the improvements. The appraisal must be from a source that is
acceptable to the city. The co nity development services director may require the applicant to provide
an appraisal from a source accep ble to the city if the assessed valuation appears to be inappropriate. If
an appraisal acceptable to the ci is provided by the applicant or required by the city, the larger ofthe
two amounts shall be used. For oses of determining value under this subsection, improvements
required pursuant to FWCC 22-3 4 (nonconforming development) and/or 22-336 (street/sidewalk
improvements) shall not be coun ed towards the 75-percent threshold which would trigger application of
this subsection; and
c. The proposal is ot erwise consistent with the public health, safety, and welfare.
(3) Other government re lations. Other than as specified in subsection (1) of this section, the
city may, using process IV, exe pt a property or use from any of the requirements of this article if:
FWCC - Nonconformance
Page 12
a. The actions or eve s which form the basis of requiring that nonconformance on the subject
property be corrected are necessit ted solely to comply with local, state or federal regulation;
b. The actions necess ated to comply with those regulations will not significantly extend the
expected useful life of the nonco orming aspect; and
c. The public benefit f complymg with the local, state or federal regulation clearly
outweighs the public benefit in c ecting the nonconformance. (Ord. No. 90-43, § 2(165.50),2-27-90; Ord.
No. 91-113, § 4(165.50),12-3-91; 0 . No. 92-135, § 3(165.50),4-21-92; Ord. No. 92-144, § 3(165.50),6-16-92;
Ord. No. 97-307, § 3, 12-16-97; Ord. No. 01-398, § 2, 7-17-01)
22 34022-341 Prohibition on i creasing nonconformance.
No nonconformance may, in ny way, be enlarged, expanded, increased, intensified, compounded or
in any other way made greater, e cept as specifically permitted in this article. (Ord. No. 90-43, § 2(165.55),
2-27-90; Ord. No. 91-113, § 4(165.5 ), 12-3-91; Ord. No. 92-135, § 3(165.55), 4-21-92; Ord. No. 92-144, §
3(165.55), 6-T6-92; Ord. No. 97-30 § 3, 12-16-97)
22 341 22-342 Applicability 0 buildin2 codes.
Nothing in this article in any ay supersedes or relieves the applicant from compliance with the
requirements of the city's buildi codes, the Unifonn International Building Code, the Uniform
International Fire Code, and oth construction-related codes as adopted and amended from time to time
by the city. (Ord. No. 90-43, § 2(1 5.60),2-27-90; Ord. No. 91-113, § 4(165.60), 12-3-91; Ord. No. 92-135, §
3(165.60),4-21-92; Ord. No. 92-14 ,§ 3(165.60), 6-16-92; Ord. No. 97-307, § 3, 12-16-97)
22 3~2 22-343 Special provisi for damaged improvements.
If a nonconforming improve ent is damaged by sudden accidental cause, that improvement may be
reconstructed only if it meets th following requirements and not otherwise:
(1) The cost ofrecons ting the damaged improvement does not exceed 75 percent of the
assessed or appraised value of t t improvement prior to the damage. The applicant may provide an
appraisal of the improvement w 'ch has been damaged. The appraisal must be from a source that is
acceptable to the city. The com nity development director may require the applicant to provide an
appraisal form a source accepta e to the city if the assessed valuation appears to be inappropriate. If an
appraisal is provided by the appl cant or required by the city, the larger of the two amounts shall be used.
(2) The improvement, a reconstructed, is not any more nonconforming than it was immediately
prior to the damage.
(3) The applicant applie for a building permit to reconstruct the damaged improvement within
six months of the date of the da age and reconstructs the improvement pursuant to that building permit.
FWCC - Nonconformance
Page 13
(Ord. No. 90-43, § 2(165.30), 2-27-9 ; Ord. No. 91-113, § 4(165.30),12-3-91; Ord. No. 92-135, § 3(165.30),4-21-
92; Ord. No. 92-144, § 3(165.30), 6-1 -92; Ord. No. 97-307, § 3,12-16-97)
22 343 22-344 AppeaÏs.
Notwithstanding any other pr vision in this chapter, a decision of the director or the hearing examiner
with respect to the application of y provision of this article shall be appealable as part of, and under the
process applicable to, any appeal f a decision of the director or the hearing examiner on the underlying
application or project for which ci y approval is sought. (Ord. No. 90-43, § 2(175.10(7),2-27-90; Ord. No. 97-
291, § 3,4-1-97; Ord. No. 97-307, § ,12-16-97)
22 344 Reser'¡ed.
1:\2004 Code Amendments\Wellhead Protect n\City Council\Exhibit A to Adoption Ordinance\Nonconfonnance.doc/10/26/2004 4:38 PM
FWCC - Nonconformance
Page 14
ERAL WAY CITY CODE
APTER 22. ARTICLE XIII
ON 7. LAND MODIFICATIONS
22-1091 General provisions.
(a) General. The applicant sh 11 comply with this section with respect to all land surface
modifications. The re uirements f Cha ter 22 Article XIV Critical Areas shall ovem for fill occurrin
in critical a uifer rechar e areas d wellhead rotection areas.
(b) Nature of fill materials. A 1 materials used as fill must be nondissolving and nondecomposing. Fill
materials must not contain organi or inorganic material that would be detrimental to water quality or
existing habitat or create any oth significant adverse impacts to the environment. (Ord. No. 90-43, §
2(115.75(1), (2», 2-27-90; Ord. No. 0-77, § 3(115.75(1), (2», 12-1 1-9~)
22-1092 Bonds.
The city may require the foIl
division:
(1) A performance bond
standards and requirements.
(2) A maintenance bond
90-43, § 2(115.75(5», 2-27-90; Ord.
ing bonds for any land surface modification approved by or under this
guarantee that the land surface modification will conform to city
r the stability of the work and the preservation of vegetation. (Ord. No.
0.90-77, § 3(115.75(5»,12-11-90)
22-1093 Permitted outright.
A land surface modification' permitted only if it:
(1) Has been approved a part of a valid development permit (except grading permits issued
under chapter 70 of the city's bui ding code), subdivision, or substantial development permit;'
(2) Is for cemetery grave;
(3) Is in a right-of-way a d authorized in writing by the director of the department of public
works;
(4) Is for mining, quarry' g, excavating, processing, stockpiling of rock, sand,':gravel, aggregate
or clay where a permit has been i sued by the state department of natural resources;
(5) Is for exploratory ex vations under the direction of a professional engineer licensed in the
state, provided that the extent of e land surface modification does not exceed the minimurtT"necessary to
obtain the desired information;
(6) Is for normal mainte nce and repair of the facilities of a common carrier by rail in interstate
commerce within its existing rig -of-way;
(7) Is for excavations fo utility service connections to serve existing and/or new structures and is
outside any area that is within th jurisdiction of FWCC 22-1221 et seq.;
(8) Is for actions which ust be undertaken immediately, or within a time too short to allow for
compliance with the permit requ ements of FWCC 22-1094, to avoid an imminent threat to public health
or safety; to prevent an imminen danger to public or private property; or to prevent an imminent threat of
serious environmental degradati . This determination will be made by the director of community
development;
(9) Is for the removal of verhanging vegetation and fire hazards or for removal of blackberry
vines or dead, dangerous or dise sed trees when authorized by the building official;
(10) Is for placement of II on land owned or controlled by the city;
(11) Is an integral part 0 an ongoing agricultural or horticultural use on the subject property;
(12) Is conducted on pro erty which contains a detached dwelling unit and which, because of the
size of the property or the locati of the dwelling unit, cannot be further subdivided or divided; or
(13) Complies with all 0
a. The subject prope
b. The land surface
groundwater enters or exits the s
stormwater or groundwater.
c. The land surface
22-1221 et seq.
d. In anyone-year pe 'od, not more than 100 cubic yards of fill material is deposited on,
excavated and removed from or oved from place to place on the subject property. If the subject property
is larger than one acre, the limit i 100 cubic yards within each acre.
e. No trees defined a significant trees will be removed and no vegetation will be removed if
that vegetation was required to b retained by or through any development permit issued under this
chapter or any prior zoning code.
r. If the subject prop is two acres or larger and has 20 percent or more of its area covered
with native vegetation, the land s rface modification will not remove more than 20 percent of that native
vegetation. The limitations ofthi subsection apply to all land surface modification on the subject
property over time.
g. The land surface odification will not result in more than a two-foot increase or one-foot
decrease in the average elevation fthe subject property, computed using the elevation of the midpoint of
each property line. (Ord. No. 90-4 , § 2(115.75(3)), 2-27-90; Ord. No. 90-77, § 3(115.75(3)), 12-11-90)
he following criteria:
contains a permanent building or an active use.
dification will not change the points where the stormwater or
~ect property; and will not change the quality, quantity, or velocity of
dification is outside any area that is within the jurisdiction of FWCC
22-1094 Discretionaryappr val.
(a) Generally. A land surface odification that does not meet the requirements ofFWCC 22-1093
may be approved through proces III.
(b) Required information. In ddition to the application material required in process III, FWCC 22-
386 et seq., the applicant must su mit the following:
(1) A recent survey ofth subject property.
(2) A map showing the li its of the proposed land surface modification; the location of utilities,
easements, right-of-way improve ents and any area regulated under FWCC 22-1221 et seq. that is on or
within 400 feet of any area to be isturbed by the proposed land surface modification.
(3) A tree retention plan.
(4) An erosion control/c struction phase stormwater control plan.
(5) A soils report which ontains sufficient information to determine the potential impacts of the
proposed land surface modificati n, as well as proposed measures to reduce or eliminate these impacts,
all as determined by the city.
(c) Decisional criteria. The c
with the following criteria:
(I) Except as allowed er this chapter, it will not alter or adversely affect streams, lakes,
wetlands or significant trees, eit r on or off the subject property.
(2) It will not violate an express policy of the city.
(3) It meets at least one fthe following criteria:
a. It is necessary to rrect an erosion or drainage problem on an undeveloped site.
b. It is necessary to eate new utility or access corridors.
c. Other unusual cir mstances exist which make it reasonable to permit land surface
modification in advance of the is uance ofa development permit, subdivision or short subdivision
approval or shoreline substantial evelopment permit. (Ord. No. 90-43, § 2(115.75(4)), 2-27-90; Ord. No. 90-
77, § 3(115.75(4)), 12-11-90; Ord. 0.00-375, § 23, 10-3-00)
may approve the proposed land surface modification if it complies
FWCC - Land Modifications
Page 2
22-1095 Tree and plant rest ation.
If, during the land surface m ification, any tree required to bë retained orplanted is damaged or
destroyed, the applicant shall pIa a tree of the same species at least five inches in diameter, as measured six
inches about the top of the root b 1 if deciduous and at least 17 feet high if coniferous, in the immediate
vicinity of the damaged or destro ed tree. The city may require the applicant to remove the damaged or
destroyed tree. In addition, if the nd surface modification destroys groundcover or shrubbery, the applicant
shall hydro seed the bare soil and lant shrubs at least 24 inches in height in the immediate vicinity of the
damaged or destroyed vegetation (Ord. No. 90-43, § 2(115.75(5)),2-27-90; Ord. No. 90-77, § 3(115.75(5)),12-11-
90)
22-1096 - 22-1110 Reserved.
1:\2004 Code Amendments\WeHhead Protec n\City Council\Exhibit A to Adoption Ordinance\land modifications.doc/IO/26/2004 4:42 PM
FWCC - Land Modifications
Page 3
FE ERAL WAY CITY CODE
CHAPTER 18
ENV RONMENT AL PROTECTION
Articles:
I
II
III
In General
Environmental Policy
Shoreline Management
Article I.
IN GENERAL
Sections:
18-1 - 18-25 Reserved.
18-1 - 18-25 Reserved.
Article II.
ENVIRONMENT AL POLICY
Sections:
Division 1. Generally
18-26 Purpose and authority.
18-27 Adoption by reference.
18-28 Additional definitions.
18-29 Forms - Adoption by refe ence.
18-30 - 18-45 Reserved.
Division 2. Administration
18-46 Designation of responsibl official.
18-47 Lead agency determinati and responsibilities.
18-48 Fees.
18-49 Public notice.
18-50 Notice - Statute of limita ons.
18-51 Administrative appeals.
18-52 - 18-70 Reserved.
Division 3. Cat gorical Exemptions and Threshold Determinations
18-71
1872
~ 18-72
~ 18-73
18-74
Adoption of regula ons.
Timing.
Categorical exempt ons - Rules.
Categorical exempt ons - Flexible thresholds.
Planned actions - efinition and criteria.
lanned actions - Procedures for ado tion.
Divi on 4. Environmental Impact Statement
18-96 Rules.
18-97 Preparation.
18-98 Other considerations.
18-99 Commenting.
18-100 - 18-115 Reserved.
Divi ion 5. Environmental Policy Statement
18-116 Definitions - Adoption y reference.
18-117 Use of existing environ ental documents.
18-118 Compliance with State nvironmental Policy Act - Adoption by reference.
18-119 State Environmental Po 'cy Act decisions - Adoption by reference.
18-120 State Environmental Po cy Act decisions Forwarding recommendations.
18-121 State Environmental Po . cy Act decisions Substantive authority.
18-122 State Environmental Po 'cy Act policies.
18-123 - 18-140 Reserved.
Divi ion 6. Environmentally Sensitive Areas
18-141 Designation of areas.
18-142 Portfolio Critical areas
18-143 Exemptions.
18-144 Treatment of proposals.
18-145 - 18-160 Reserved.
a s and inventories.
Division 1. Generally
18-26 Purpose and authority.
The city adopts this polic under the State Environmental Policy Act (SEP A), RCW 43.21 C.120,
and the State Environmental Poli Act rules, Chapter 197-11 WAC. (Ord. No. 90-40, § 1(20.10),2-27-90)
18-27 Adoption by reference.
The city adopts by reference, snow existin or amended the basic requirements of the Washington
Administrative Code applying to e State Environmental Policy Act process as follows:
(1) 197-11-040, Definitio s.
(2) 197-11-050, Lead age cy.
(3) 197-11-055, Timing 0 the State Environmental Policy Act process.
FWCC - Chapter 18, Environmental Pro ction
Page 2
18-28 Additional definitions.
In addition to those definition contained within WAC 197-11-700 through 197-11-799 as now
existing or amended, when used i this article the following terms shall have these meanings, unless the
content indicates otherwise:
Critical AÇlqllifer recharg area shall mean areas in which water reaches the zone of saturation by
surface infiltration. These areas are hydrogeologlcally susceptible to contamination and
contamination loading potential in luding but not limited to such areas as sole water source aquifer
recharge areas, special protection oundwater management areas, well head protection areas, and other
areas with a critical recharging ef ct on aquifers used for potable water.
Department shall mean a division, subdivision or organizational unit of the city established by
ordinance, rule or order.
Early notice shall mean t
a determination of significance li
Fish and wildlife habitat
species in suitable habitats within
not created. Habitat conservation
(1) Areas with which
association;
(2) Habitats and speci s oflocal importance;
(3) Commercial and r creational shellfish areas;
(4) Kelp and eelgrass eds; herring and smelt spawning areas;
(5) Naturally occurri ponds under 20 acres and their submerged aquatic beds that provide
fish or wildlife habitat;
(6) Waters of the stat
(7) Lakes, ponds and treams planted with game fish by a governmental or tribal entity;
(8) State natural area reserves and natural resource conservation areas; or
(9) Streams.
Frequently flooded area all mean lands in the floodplain subject to a one percent or greater
chance of flooding in any given y ar including but not limited to such areas as streams, lakes, coastal
areas and wetlands.
city's response to an applicant stating whether it considers issuance of
ly for the applicant's proposal.
nservation area shall mean the management of land for maintaining
heir natural geographic distribution so that isolated subpopulations are
eas include but are not limited to such areas as:
ndangered, threatened, and sensitive species have a primary
FWCC - Chapter 18, Environmental Pro ction
Page 3
Geologically hazardous a a shall mean areas, because of their susceptibility to erosion,
landsliding, seismic or other geolo ical events, are not suited to siting commercial, residential or
industrial development consistent ith public health or safety concerns. Geologically hazardous areas
include the following areas:
(1) Erosion hazard are s are those areas having severe to very severe erosion hazard due to
natural agents such as wind, rain, lash, frost action or stream flow.
(2) Landslide hazard eas are those areas potentially subject to episodic downslope
movement of a mass of soil or roc including but not limited to the following areas:
a. Any area with combination of:
1. Slopes gre er than 15 percent;
2. Permeable ediment (predominately sand and gravel) overlying relatively
impermeable sediment or edrock (typically silt and clay); and
3. Springs or oundwater seepage.
b. Any area whic has shown movement during the Holocene epoch, from 10,000 years
ago to present, or which i underlain by mass wastage debris of that epoch.
c. Any area poten ally unstable as a result of rapid stream incision, stream bank erosion
or undercutting by wave a tion.
d. Any area locat in a ravine or on an active alluvial fan, presently or potentially
subject to Inundation by d bris flows or flooding.
e. Those areas ide tified by the United States Department of Agriculture Soil
Conservation Service as h ving a severe limitation for building site development.
f. Those areas ma ped as Class U (unstable), UOS (unstable old slides). and URS
(unstable recent slides) by the Department of Ecology.
g. Slopes having adients greater than 80 percent subject to rockfall during seismic
shaking.
(3) Seismic hazard ar s are those areas subject to severe risk of earthquake damage as a
result of seismically Induced grou d shaking, slope failure, settlement or soil liquefaction, or surface
faulting. These conditions occur i areas underlain by cohesionless soils oflow density usually in
association with a shallow ground ater table.
(4) Steep slope hazar areas are those areas with a slope of 40 percent of greater and with a
vertical relief of 10 or more feet, vertical rise of ten feet or more for every 25 feet of horizontal distance.
A slope is delineated by establish its toe and top and measured by averaging the inclination over at least
10 feet of vertical relief.
Re ulated lakes shall mean
3-12 9-21-4-38 17-21-4-55 20-2
Wa Final Wetland Invento Re
wetland" located around the mar
State Environmental Poli
Department of Ecology.
Stream shall mean courses or outes, formed by nature, including those modified by man, and
generally consisting of a channel ith a bed, banks or sides throughout substantially all their length, along
which surface waters naturally an normally flow in draining from higher to lower elevations. A stream
need not contain water ear roun In a develo in settin streams ma run in culverts or ma be
channeled in a concrete rock or 0 er artificial conve ance s stem. This definition is not meant to include
irri ation ditches stormwater faci "ties or other artificial watercourses unless the are used b resident or
anadromous salmonid fish or the eature was constructed to conve natural streams which existed rior to
construction of the watercourse.
tlands #8-21-4-26 7-21-4-71 11-21-3-9 l4-2l-3-Î, 14-21-3-5 13-21-
-4-57 and 20-21-4-61 as shown in the June 19, 1999, City of Federal
rt exce t ve etated areas meetin the definition of "re ulated
s of re ulated lakes shall be considered re ulated wetlands.
Act rules shaH mean Chapter 197-11 WAC adopted by the
FWCC - Chapter 18, Environmental Pro ction
Page 4
or
FWCC - Chapter 18, Environmental Pro ction
Page 5
18-29 Forms - Adoption by re rence.
The city adopts the following orms and sections of Chapter 197-11 WAC by reference, as now
existing or amended:
(I) WAC 197-11-960, En ironmental checklist.
(2) WAC 197-11-965, Ad ption notice.
(3) WAC 197-11-970, De rmination of non significance (DNS).
(4) WAC 197-11-980, De rmination of significance and scoping (DS).
(5) WAC 197-11-985, No 'ce of assumption oflead agency status.
(6) WAC 197-11-990, No 'ce of action. (Ord. No. 90-40, § 1(20.300),2-27-90)
18-30 - 18-45 Reserved.
Division 2. Administration
18-46 Designation of responsi
(a) For those proposals for w
director of the department of com
determination, supervise scoping
perform any other functions assi
Environmental Policy Act rules.
(b) The responsible official s II be responsible for the city's compliance with Chapter 197-11 WAC
whenever the city is a consulted a ency, and is authorized to develop operating procedures that will
ensure that responses to consultati n requests are prepared in a timely fashion and Include data from all
appropriate departments of the cit . (Ord. No. 90-40, § 1(20.40.10,20.40.20),2-27-90)
e official.
ch the city is a lead agency, the responsible official shall be the
unity development. The responsible official shall make the threshold
d preparation of any required environmental impact statement, and
ed to the lead agency or responsible official by the State
18-47 Lead agency determinat on and responsibilities.
(a) The responsible official, u on receiving an application for a nonexempt action or initiation by a
city department of a nonexempt a tion, shall determine the lead agency for that proposal under WAC
197 -11-050 and 197-11-922 thro h 197-11-940, unless the lead agency has been previously determined
or the responsible official is awar that another department or agency is in the process of determining the
lead agency.
(b) When the city is not the Ie d agency for a proposal, all departments of the city shall use and
consider as appropriate either the etermination of nonsignificance or the final environmental impact
statement of the lead agency in m king decisions on the proposal. No city department shall prepare or
require preparation of a determin ion of nonsignificance or environmental impact statement in addition
to that prepared by the lead agenc unless the responsible official determines a supplemental
environmental review is necessa under WAC 197-11-600.
(c) If the city, or any of its de artments, receives a lead agency determination made by another
agency that appears inconsistent ith the criteria of WAC 197-11-922 through 197-11-940, it may object
to the determination. Any objecti must be made to the agency originally making the determination or
the city must petition the Depa nt of Ecology for a lead agency determination under WAC 197-11-946
within the 15-day time period. such petition on behalf of the city shall be initiated by the responsible
official.
(d) The responsible official is authorized to make agreements as to lead agency status or shared lead
agency's duties for a proposal un er WAC 197-11-942 and 197-11-944.
(e) The responsible official s 11 require sufficient information from the applicant to identify other
agencies with jurisdiction.
(!) Within 90 days of r issuing a Letter of Completeness for the a eompleted application and
environmental checklist, the resp nsible official shall make a threshold determination~ or notify the
FWCC - Chapter 18, Environmental Pro ction
Page 6
a licant that a determination of s ificance is likel and indicate the areas of likel im act. The
a licant ma re uest an addition 30 da s for the issuance of the threshold determination b the
res onsible official or for the res nsible official to evaluate miti ation measures ro osed b the
a licant. The res onsible official hall ant such extension if re uested. A final determination shall be
made within 90 da s from the rec . t ofthe a licant's res onse for additional information unless the
a licant re uests an additional 3 da s as rovided in this section.
(g) A "completed application' and environmental checklist is defined to be:
( 1) Answers to all checkli t items;
(2) All expanded environ ental studies determined by the city to be required, whether provided
by the city, another agency withj 'sdiction and/or expertise, or by the applicant at the request ofthe city;
(3) Text description and d cuments for nonproject action;
(4) Master land use applic tion;
(5) Self-addressed, stamp envelopes required pursuant to FWCC;
(6) All required filing fee
(h) Within W 28 days of recei t of an application and an environmental checklist, the responsible
official shall either:
(1) Respond to the applic t in writing with a notification Letter of eÇompleteness or
Incompleteness; or
(2) Request in writing an
determination whether or not the
(i) In the event applicant sub
official pursuant to subsection h
complete.
additional information reasonably related to the responsible official's
oposal is likely to have significant adverse environmental impacts.
'ts less than the complete information requested by the responsible
1 or (h)(2) of this section, the application shall not be considered
. (Ord. No. 90-40, § 1(20.50.10-
20.50.50), 2-27-90; Ord. No. 93-192, § 1, 11-9-93)
18-48 Fees.
(a) The city shall establish fe for its activities in accordance with the provisions of this chapter:
(1) Threshold determinat n. For every environmental checklist the city will review when it is
lead agency, the city shall collect fee from the proponent of the proposal prior to undertaking the
threshold determination. The tim periods provided by this chapter for making a threshold determination
shall not begin to run until payme t of fees.
(2) Environmental impac statement.
a. When the city is th lead agency for a proposal requiring an environmental impact
statement and the responsible offi ial determines that the environmental impact statement shall be
prepared by employees of the ci the city may charge and collect a reasonable fee from any applicant to
cover costs incurred, including 0 rhead, by the city in preparing the environmental impact statement.
The responsible official shall adv e the applicant of the projected costs for the environmental impact
statement prior to actual preparat n.
FWCC - Chapter 18, Environmental Pro ction
Page 7
b. The responsible of cial may determine that the city will contract directly with a consultant
for preparation of an environment 1 impact statement, or a portion of the environmental impact statement,
for activities initiated by some per ons or an entity other than the city and may bill such costs incurred
including overhead directly to the pplicant. Such consultants shall be selected by the city.
c. The applicant shall ay the projected amount to the city prior to commencing work. The
city will refund the excess, if any, t the completion of the environmental impact statement. If the city's
costs exceed the projected costs, t e applicant shall immediately pay the excess, and the city is not
obligated to proceed until the mo es have been received. If a proposal is modified so that an
environmental impact statement i no longer required, the responsible official shall refund any fees
collected under subsection (a)(l) (a)(2) of this section which remain after incurred costs, including
overhead are paid.
(3) Appeals. All appeals s all be accompanied by a nonrefundable appeal fee.
(b) The city may collect a rea nable fee from an applicant to cover the cost of meeting the public
notice requirements of this article elating to the applicant's proposal. The city may charge any person for
copies of any document prepared der this chapter, and for mailing the document in a manner provided
by state law. (Ord. No. 90-40, § 1 ( .290.10 - 20.290.30), 2-27-90)
18-49 Public notice.
(a) The city shall give public otice for project-related actions as follows:
(1) Notices will be posted on each of the official public notification boards of the
91Y-and public libraryies, publish d in a newspaper of general circulation in the city, posted prominently
on the site and mailed to all owne of real property as shown in the records of the county assessor anà-all
occupants ofreal property located ithin 300 feet of the site and any interested party or agency who has
filed its name directly with the re onsihle official or as part of a public hearing or scoping process for the
followll1g sItuations:
a. When the responsi
detem1Ination of nonsi¡mificance,
b. When an appeal ha
e official issues a determination ofnonsignifìcance, optional
r mItigated determination ofnonsignitìcance;
been filed related to a threshold detem1ination as provided in this
article;
c. A draft environme al impact statement is available for publIc review and comment.
(2) In addition to the requ rements of subsection (a)(l) of this section, notices will be mailed to all
owners of real property as shown n the records of the county assessor and all occupants of real property
located within 600 feet of a propo ed project-related action for the following situations:
a. When the city com ences scoping;
b. Whenever the city olds a public hearing as required by WAC 197-11-535.
(b) Notice of public hearing shall e issued no later than ~ 14 days before a public hearing.
(c) Notice of a threshold dete ination or environmental impact statement hearing on nonproject
proposals shall be published in a ewspaper of general circulation in the city, mailed to interested parties
or agencies who have registered ith the city, and posted'in the City Hall and library.
(d) The responsible official s II maintain a public list of all State Environmental Policy Act actions
known as the "city of Federal Wa State Environmental Policy Act Register." The register shall be
available for public inspection du 'ng normal working hours. The register will be revised v¡eekly as
needed and the responsible offici will mail copies to any person who has made a request and paid in
advance a fee based on the cost 0 reproducing and mailing. The requirements of this subsection are not
mandated by state regulations but ill be provided by the city as voluntary extra notice. Failure to provide
this notice shall not affect the val ity of any action or proceeding related to the State Environmental
Policy Act.
(e) The responsible official s
indicated interest in receiving pu
11 maintain a public list of the names of parties or agencies who have
ic notices related to any State Environmental Policy Act procedures.
FWCC - Chapter 18, Environmental Pro ction
Page 8
(f) The city may require an ap licant to compensate the city for costs of compliance with the public
notice requirements for the applic t's proposal or to provide addressed lists and addressed, stamped
envelopes, unless that requiremen is waived by the responsible official. (Ord. No. 90-40, § 1(20.180.10-
20.180.60),2-27-90)
18-50 Notice - Statute of limit ions.
The city, applicant or propone t may publish a notice of action as provided by RCW 43.21 C.080 for
any final action taken under the pr visions of this article. The form of the notice shall be substantially in
the form provided in WAC 197-1 990. (Ord. No. 90-40, § 1(20.250),2-27-90)
18-51 Administrative appeals.
(a) Any interested party may peal to the hearing examiner a threshold determination, or the
adequacy ofa final environmental 'mpact statement and conditioning or denial of an action except as
... . . The appeal shall be conducted under the provisions of process
IV, FWCC 22-431 et seq.; provid , that the notice distribution requirements ofFWCC 22-436(b)ill
shall be replaced with the notice d stribution requirements of FWCC l8-49(a) - (f).
~ . .. .
A eal rocedures shall be condu ted under the rovisions ofW AC 197-11-680 3 . A eals are sub'ect
to the restrictions in RCW 36.70B 050 and 36.70B.060 that local ovemments rovide no more than one
0 en record hearin and one clos record a eal for ermit decisions.
(c) All appeals filed under thi section must be filed in writing with the city clerk within 14 calendar
days of the date of the decision ap ealed or the conclusion of the comment period or completion of the
giving of required notices, which er is longer. All appeals shall contain a specific statement of reasons
why the decision of the responsib official is alleged to be in error.
(d) All relevant evidence shal be received during the appeal and the decision shall be made de novo.
The determination by the city's re ponsible official shall carry substantial weight in any appeal
proceeding.
(e) The decision ofthe hearin examiner on an appeal filed under this section shall be final.
(f) Appeals of the hearing exa iner's final decision shall first be to the city council as provided in
process IV, FWCC 22-431 et seq.
(g) For any appeal under this ection, the city shall provide for a record that shall consist of the
following:
(1) Findings and conclusi ns;
(2) Testimony under oath and
(3) A taped or written tra script.
(h) Upon filing an appeal to t e city councilor a judicial appeal, any certified copies or written
transcripts required for such shall e prepared by the city at the expense of the appellant, subject to
possible reimbursement oftransc pt preparation costs as provided in FWCC 22-446. (Ord. No. 90-40, §
1(20.240.10 - 20.240.70),2-27-90; d. No. 92-133, § 4, 4-21-92; Ord. No. 93-185, § 1,8-17-93; Ord. No. 97-291,
§ 3,4-1-97)
18-52 - 18-70 Reserved.
Division 3. Cat gorical Exemptions and Threshold Determinations
18- 71 Adoption of regulations
The city adopts the following ections of Chapter 197-11 WAC as now existing or amended, by
reference:
(1) 197-11-300, Purpose fthis part.
(2) 197-11-305, Categori al exemptions.
FWCC - Chapter 18, Environmental Pro ction
Page 9
(3) 197-11-310, Threshol determination required.
(4) 197-11-315, Environ ntal checklist.
(5) 197-11-330, Threshol determination process.
(6) 197-11-335, Addition information.
(7) 197-11-340, Determin tion of non significance (DNS).
(8) 197-11-350, Mitigatio determination of non significance.
(9) 197-11-360, Determin tion of significance (DSlinitiation of scoping).
(10) 197-11-390, Effect 0 threshold determination. (Ord. No. 90-40, § 1(20.60),2-27-90)
b
respond.
-l-8-+J 18-72 Categorical exe ptions - Rules.
The city adopts by reference t e following rules for categorical exemptions in Chapter 197-11 WAC,
as now existing or amended:
(1) 197-11-800, Categori I exemptions.
(2) 197-11-880, Emergen ies.
(3) 197-11-890, Petitioni g State Department of Ecology to change exemptions. (Ord. No. 90-40, §
1(20.80),2-27-90)
, I ',','ill normally complete the thre;hold determination \'.'it~
. mal :;tlldic:; will normally be colllplelt'tÌ
20.70.60), 227 90)
l8-+4 18-73 Categorical exe ptions - Flexible thresholds.
(a) The city establishes the fo owing exempt levels for minor new construction defined in WAC 197-
11-800(1 )(b) based on local cond ions:
(1) For residential structu es up to four dwelling units.
(2) For agricultural struc res covering up to 10,000 square feet.
(3) For office, commerci ,recreational, service or storage buildings up to 4,000 square feet gross
floor area, and up to 20 parking s aces.
FWCC - Chapter 18, Environmental Pro ction
Page 10
(4) For parking lots up to
(5) For landfills and exca
(b) Whenever the city establis
Department of Ecology as require
27-90)
0 parking spaces.
tions up to 500 cubic yards.
es new exempt levels under this section, it shall send them to the State
by WAC 197-11-800(1)(c). (ard. No. 90-40, § 1(20.90.10,20.90.20),2-
it m£lY
rocedure for the lanned action to
FWCC - Chapter 18, Environmental Pro
Page II
o'ect review form as s ecified in WAC 197-11-315 filed with the
-l8-fS 18-77 Categorical exem ions - Determination.
(a) When the city receives an pplication for a license or a city department initiates a proposal, the
responsible official shall determin whether the license or proposal is exempt. The determination of
exemption shall be final and not s bject to administrative review. The procedural requirements of this
article shall not apply to proposal or Jicenses which are determined to be exempt, nor shall an
environmental checklist be requir d to be completed.
(b) In determining whether a roposal is exempt the responsible official shall make certain the
proposal is properly defined and s all identify the governmental license required. If the proposallllcludes
exempt and nonexempt actions, t responsible official shall determine the lead agency for the nonexempt
action.
(c) Ifa proposal includes bot exempt and nonexempt actions, the city may authorize exempt actions
prior to completion of the proced al requirements of this article, except that:
(1) The city shall not give authorization for any action that is nonexempt, any action that would
have an adverse environmental ef ct, or any action that would limit the choice of reasonable alternatives;
(2) The city may withhol approval of an exempt action that would lead to modifications of the
physical environment serving no urpose if the nonexempt actions were not approved;
(3) The city may withhol approval of exempt actions that would lead to substantial financial
expenditures by a private appl1ca when the expenditures would serve no purpose if the nonexempt
actions were not approved. (Ord. 0.90-40, § 1(20.100.10 ~ 20.100.30),2-27-90)
-t-8--+á 18- 78 Threshold determ nation - Early review at conceptual level.
(a) When the city's only actio on a proposal is a decision on a building permit or other permit that
requires detailed project plans an specifications, the applicant may request in writing that the city
conduct an environmental review riOT to submission of the plans and specifications. In addition to the
required environmental documen , the applicant shall submit any additional information as determined
by the responsible official.
(b) An applicant may request n writing early notice of whether a determination of significance (OS)
is likely under the following cond tions:
(1) The request shall prec de the city's actual threshold determination for the proposal;
(2) The proposal is suffic ntly definite to allow meaningful environmental analysis;
FWCC - Chapter 18, Environmental Pro ction
Page 12
(3) Adequate information s available on the proposed action and potential environmental impacts
to make a threshold determination
(4) The responsible offici may require that additional information be submitted prior to
responding to the request for early otice.
(c) The responsible official's sponse to the request for early notice may:
(1) State whether the city urrently considers issuance of a determination of significance likely
and, if so, indicate the general or s ecific areas of concern that are leading the city to consider a
determination of significance and hether any additional information is needed. The responsible official
may also indicate that with the ap oval of the applicant, a determination of significance would be issued
and scoping initiated.
(2) State that the applican may change or clarify the proposal to mitigate the indicated impacts,
and may revise the environmental hecklist and/or proposal as necessary to reflect the changes or
clarifications.
(d) The city's written respons to a request for early notice shall not be construed as a determination
of significance or nonsignificance Preliminary discussion of clarifications of or changes to a proposal
shall not bind the city to consider e clarification or changes in its threshold determination. (Ord. No. 90-
40, § 1(20.110.10 - 20.110.40),2-27 0)
l8-1118- 79 Threshold determi don - Environmental checklist.
(a) A completed environment checklist shall be filed at the same time as an application for a permit,
license, certificate or other appro I not exempted by this chapter unless the city and applicant agree that
an environmental impact stateme is required, or State EnvIronmental Policy Act compliance has been
completed or initiated by another gency. The checklIst shall be 111 the form of WAC 197-11-960 with
such additions that may be requir by the responsible officIal in accordance with WAC 197 -11-906( 4).
(b) For private proposals, the pplicant normally shall be required to complete the envIrlmmental
checklist, although the city may d cide to complete all or part of the checklist if the followll1g occurs:
(1) The city has techl1lcal nformation that is unavailable to the private applicant;
(2) The applicant has pro ded inaccurate information on previous or current proposals. (Ord. No.
90-40, § 1(20.120.10,20.120.20),2- -90)
s after the date of issuance of a DNS
or 197-
11-880;
iii Issuance of clear
iv A DNS under W
(v) A GMA action.
FWCC - Chapter 18, Environmental Pro ction
Page I3
within
and
ificant
ificant
c If the lead a Jenc wit
and notify other qgelJci~s withur'
issued, each agency \vlthlLlusdlct
until the necessar envIronmental
raws a DNS the a Jenc shall make a new threshold detcrmll1ation
diction of the vvìthclrav\iaI and new threshold determlI1atlon.1L'lJ2~ii'
n shall commence actHJntQsuspend, modify, or revol<cc anY.JIQProvals
eview has occurred ~e also WAC 197-11-070).
l8-18 18-81 Threshold determi tion - Mitigated determination of nonsigniticance.
(a) The responsible official m y issue a determination of nonsignificance based on mitigating
conditions attached to the propos by the responsible official or on changes or clarifications proposed by
the applicant. When an applicant bmits a changed or clarified proposal with a revised checklist, the city
shall base its threshold determinat on on the changed or clarified proposal as follows:
(1) If the city indicated sp cific mitigation measures in response to the request for early notice,
and the applicant II1cluded those easures, the city shall Issue a determination of non significance if no
additional information or mitigati n is required.
(2) If the city lI1dicated ar as of concern, but did not indicate specific mitigation measures, the
city shall issue a determmation of onsignificance or determination of significance as appropriate.
(3) The applicant's propo ed clarification, changes, mitigations or other conditions must be
specific and presented in writing.
(b) Mitigation measures justi
incorporated in the determination
documents.
(c) Mitigation measures inco orated in the mitigated determination of nonsignificance shall be
conditions of approval of the pe it and may be enforced in the same manner as any conditions of the
permit, or any other manner as pr scribed by the city. Failure to comply with the designated mitigation
measures shall be grounds for sus ension and/or revocation of any license issued.
(d) The city shall not act upo a proposal for which a mitigated determination of nonsignificance has
been issued until the appeal perio has expired.
ing issuance of a mitigated determination of nonsignificance may be
f nonsignificance by reference to agency staff reports, studies or other
FWCC - Chapter 18, Environmental Pro ction
Page 14
(e) If the city's tentative decis n on a permit or approval does not include mitigation measures that
were incorporated in a mitigated termination of nonsignificance for the proposal, the city should
evaluate the threshold determinati n to assure consistency with WAC 197-11-340(3 )(a) relating to the
withdrawal of a determination of nsignificance. (Ord. No. 90-40, § 1(20.130.10- 20.130.50), 2-27-90)
lication that it ex ects to issue a DNS for the
acts of the
proposal;
ro'ect
re ared'
and
18-+9 18-83 - 18-95 Reserved.
FWCC - Chapter 18, Environmental Pro ction
Page 15
Divi . on 4. Environmental Impact Statement
18-96 Rules.
The city adopts by reference t e following sections of Chapter 197-11 WAC, as now existing or
amended:
(1) 197-11-400, Purpose environmental impact statement.
(2) 197-11-402, General r quirements.
(3) 197-11-405, Environ ntal impact statement types.
(4) 197-11-406, Environ ntal impact statement timing.
(5) 197-11-408, Scoping.
(6) 197-11-410, Expande scoping.
(7) 197-11-420, Environ ntal impact statement preparation.
(8) 197-11-425, Style and size.
(9) 197-11-430, Format.
(10) 197-11-435, Cover I
(11) 197-11-440, Environ
(12) 197-11-442, Content
(13) 197-11-443, Environ
impact statement.
(14) 197-11-444, Elemen
(15) 197-11-448, Relatio
(16) 197-11-450, Cost-be
(17) 197-11-455, Issuanc
(18) )97-11-460, Issuanc
er or memo.
ental impact statement contents.
of environmental impact statement on nonproject proposals.
ental impact statement contents when prior nonproiect environmental
of the environment.
hip of environmental impact statement to other considerations.
efit analysis.
of determinatIon of environmental impact statement.
of final environmental impact statement. (Ore!. No. l)()-40, § I (20.140),2-
27-90)
18-97 Preparation.
(a) Preparatlon of environme al impact statemcnts, supplemental environmciltalimpact statements,
and other envlrl)l1mcntal docume ation shall be under the direction of the responsible ofticial. The
documents may be prepared by th city stall or by a consultant approved and dIrected by the city, but
will be paid for by the applicant. consultant preparing or subconsultant participating in the preparation
of an environmental impact state ent may not subsequently work for the proponent of the proposed
project. The responsible official s all notify the applicant of the city's procedure for environmental
impact statement preparation, inc ding review, approval and distribution of the draft and final
environmental impact statement.
(b) The city may require an a plicant to provide information the city does not posscss, including
specific investigations relating to lements of the environment. The applicant is not required to supply
information not required under th chapter, or that is requested from another agency, provided this does
not apply to mformation requeste under another statute or ordinance.
(c) Before the city issues a pr liminary or final environmental impact statement, the responsible
official shall be satisfied that it c plies with this chapter and Chapter 197-11 WAC (Ord. No. 90-40, §
1(20.150.10- 20.150.30), 2-27-90)
18-98 Other considerations.
As defined in WAC 197-11- 8, the following information may be part of the existing environment
for purposes of content, but will t be considered as elements of the environment requiring discussion in
the environmental impact statem t or as criteria for threshold determinations:
(1) Finance and economi s.
(2) Social policy.
(3) Cost-benefit analysis.
FWCC - Chapter 18, Environmental Pro ction
Page 16
(4) Nonconstruction aspe s of education and communications. (Ord. No. 90-40, § 1(20.160),2-27-
90)
18-99 Commenting.
The city adopts the following ections of Chapter 197-11 WAC as now existing or amended by
reference:
(1) 197-11-500, Purpose this part.
(2) 197-11-502, Inviting mment.
(3) 197-11-504, A vailabil and cost of environmental documents.
(4) 197-11-508, State En ronmental Policy Act register.
(5) 197-11-535, Public he rings and meetings.
(6) 197-11-545, Effect of ocomment.
(7) 197-11-550, Specifici of comments.
(8) 197-11-560, Final env ronmental impact statement response to comments.
(9) 197-11-570, Consulte agency costs to assist lead agency. (Ord. No. 90-40, § 1(20.170),2-27-90)
18-100 - 18-115 Reserved.
Div ion 5. Environmental Policy Statement
18-116 Definitions - Adoption reference.
The city adopts by reference t e following sections of Chapter 197-11 WAC as now existing or
amended, ilnd as supplemented in his chapter:
(I) 1')7-1 1-700, Definitio s.
(2) 1')7-11-702, Act.
(3) 197-11-704, Action.
(4) 1')7-11-706, Addendu .
(5) 1')7-11-708, Adoptio
(6) 197-11-710, Affected ribe.
(7) 197-11-712, Affectin
(8) 197-[1-714, Agency.
(9) 197-11-716, Applican.
(10) 197-11-718, Built en ironment.
(11) 197-11-720, Categor cal exemption.
12 197-11-721 Closed cord a eal.
thB 13 197-11-722, Con lidated appeal.
f-hB H 197-11-724, Con lted agency.
(15)197-11-726 Cost-be efitanal sis.
fl4Hlfu 197-11-728, Co nty/city.
fW 01) 197-11-730, De ision maker.
(16) ill} 197-11-732, De artment.
fl+t í.l2ll97 -11- 734, De ermination of nonsignificance.
fl-8j !1Ql197 -11- 736, De ermination of significance.
fl-91 (lll197-11-738, En ironmental impact statement.
~ {22l197-11-740, En 'ronment.
~ (ill 1 97-1 1-742, En 'ronmental checklist.
~ (l1l197-11-744, En ironmental document.
~ í.22ll97-ll-746, En ironmental review.
~ 11&197-11-750, Ex anded scoping.
FWCC - Chapter 18, Environmental Pro ction
Page 17
~ í11ll97-ll-752, 1m cts.
fMj {lID 197-11-754, Inc rporation by reference.
~ (I2ll97-ll-756, La s covered by water.
~ QQlI97-11-758, Le agency.
~ (lll197-ll-760, Lic nse.
ßl-) Q1L197-11-762, Lo I agency.
fmQ]lJ97-11-764, Ma r action.
~ í14l) 97-1 1-766, Mi gated determination of non significance.
fJ4t@197-l1-768, Mi gation.
~ Q..QL197-l1-770, Na ral environment.
~ .Q1l.l97-l1-772, Na onal Environmental Protection Agency.
~ Q&197-ll-774, No project.
39 197-11-775 0 en re ord hearin .
~ Bffi-197-11-776, Ph ed review.
fJ-9-) (4lll97-11-778, Pre aration.
~ G2L197-ll-780, Pri ate project.
f4B ß.R197-ll-782, Pro able.
~ ~197-11-784, Pro osal.
~ ßa197-ll-786, Re onable alternative.
f44) ~197-11-788, Re onsible official.
f4§-) ß1ll97-ll-790, Sta Environmental Policy Act.
E44) BID-197-ll-792, Sc e.
f4+t B2t197-11-793, Sc ing.
~ ŒQ.L197-l1-794, Sig ifícant.
f4-9j i2ll197-l1-796, Sta agency.
f-W-t [21l197-l1-797, Th shold determination.
~ (lliI97-ll- 799, Un crlying governmental action. (Ord. No. 90-40. ~ 1 (20.260),2-27-90)
18-117 Use of existing environ utal documents.
The city adopts the following ections of Chapter 197-11 WAC as now exIsting or amended by
reference: .
(1) 197-11-600, When to se existing environmental documents.
(2) 197-11-610, Use ofN PA documents.
(3) 197-11-620, Supplem ntal environmental impact statements - Procedures.
(4) 197-11-625, Addenda Procedures.
(5) 197-11-630, Adoptio -Proccuures.
(6) 197-11-635, 1ncorpor ion by reference -Procedures.
(7) 197-11-640, Combini g documents. (Ord. No. 90-40, § 1(20.190),2-27-90)
18-118 Compliance with State nvironmental Policy Act - Adoption by reference.
The city adopts by reference e following sections of Chapter 197-11 WAC as now existing or
amended, and as supplemented in his chapter:
(1) 197-11-900, Purpose f this part.
(2) 197-11-902, Agency tate Environmental Policy Act policies.
(3) 197-11-916, Applicat n to ongoing actions.
(4) 197-11-920, Agencie with environmental expertise.
(5) 197-11-922, Lead age cyrules.
(6) 197-11-924, Determi 'ng the lead agency.
(7) 197-11-926, Lead age cy for governmental proposals.
(8) 197-11-928, Lead age cy for public and private proposals.
FWCC - Chapter 18, Environmental Pro ction
Page 18
(9) 197-11-930, Lead age cy for private projects with one agency with jurisdiction.
(10) 197-11-932, Lead ag ncy for private projects requiring licenses from more than one agency,
when one ofthe a encies is a cou /ei .
(11) 197-11-934, Lead ag ncy for private projects requiring licenses from a local agency, not a
county/city, and one or more state gencies.
(12) 197-11-936, Lead ag ncy for private projects requiring licenses from more than one state
agency.
(13) 197-11-938, Lead ag ncies for specific proposals.
(14) 197-11-940, Transfe of lead agency status to a state agency.
(15) 197-11-942, Agreem nts on lead agency status.
(16) 197-11-944, Agreem nts on division oflead agency duties.
(17) 197-11-946, Depart nt of Ecology resolution of lead agency disputes.
(18) 197-11-948, Assump ion oflead agency status. (Ord. No. 90-40, § 1(20.270),2-27-90)
18-119 State Environmental Po cy Act decisions - Adoption by reference.
The city adopts by reference t e following sections of Chapter 197-11 WAC as now existing or
amended:
(1) 197-11-650, Purpose this part.
(2) 197-11-655, Impleme tation.
(3) 197-11-660, Substanti e authority and mitigation.
(4) 197-11-680, Appeals. Old. No. 90-40, § 1(20.200),2-27-90)
18-120 State Environmental Po cy Act decisions - Forwarding recommendations.
For nonexempt proposals, an detem1ination of non significance or mitigated detemlination of
nonslgnitlcance or completed dra and final environmental impact statement for the proposal shall
accompany the city staffs recoml endallon to any appropriate advisory body such as the planning
commissIon, or to the hearing exa liner or city council. (Ord. No. 90-40, ~ 1(20.210),2-27-90)
18-121 State Environmental Po cy Act decisions - Substantive authority.
(a) The city may attach condi ons to a permit or approval for a proposal so long as:
(I) Such conditions are n essary to mitigate specific adverse environmental impacts clearly
identified in an environmental do ment prepared under this chapter;
(2) Such conditions are in writing;
(3) Such conditions are re son able and capable of being accomplished;
(4) The city has consider whether other local, state or federal mitigation measures applied to
the proposal are sufficient to miti ate the identified impacts; and
(5) Such conditions are b sed on one or more policies in FWCC 18-122 and are cited in the
permit, approval, license or other ecision document.
(b) The city may deny a perm or approval for a proposal on the basis of State Environmental Policy
Act so long as:
( 1) A finding is made tha approving the proposal would result in probable significant adverse
environmental impacts that are id ntified in a final environmental impact statement or final supplemental
environmental impact statement;
(2) A finding is made tha reasonable mitigation measures are insufficient to mitigate an
identified impact; and
(3) The denial is based 0 one or more policies identified in FWCC 18-122 and identified in
writing in the decision document. Ord. No. 90-40, § 1(20.220.10,20.220.20),2-27-90)
FWCC - Chapter 18, Environmental Pro ction
Page 19
18-122 State Environmental Po cy Act policies.
(a) The policies and goals set orth in this article are supplementary to those in the existing
authorization of the city.
(b) The city designates and ad pts by reference the policies in this section as the basis for the city's
exercise of authority under this a cleo The city shall use all practicable means, consistent with other
essential considerations of state p icy, to improve and coordinate plans, functions, programs, and
resources to the end that the state nd its citizens may:
(1) Fulfill the responsibili es of each generation as trustee of the environment for succeeding
generations;
(2) Assure for all people
culturally pleasing surroundings;
(3) Attain the widest rang of beneficial uses ofthe environment without degradation, risk to
health or safety or other undesirab e and unintended consequences;
(4) Preserve important his oric, cultural, and natural aspects of our national heritage;
(5) Maintain, wherever p sible, an environment which supports diversity ånd variety of
individual choice;
(6) Achieve a balance bet een population and resource use which will permit high standards of
living and a wide sharing of life's menities; and
(7) Enhance the quality 0 renewable resources and approach the maximum attainable recycling
of depletable resources.
(c) The city recognizes that e h person has a fundamental and inalienable right to a healthful
envIronment and that each person as a responsibility to contribute to the preservation and enhancement
of the environment.
(d) The city adopts by referen e the following city codes, ordinances, resolutions, plans and polIcies
as now exist or as may hereinaftel be amended or superseded:
(1) The Federal Way Co rehensive Plan;
(2) The Federal Way City Code and documents adopted by reference therein, including without
¡ 11111 tation the following chapters:
a. Zoning (Chapter 2
b. Subdivisions (Cha
c. Surface and Stoml
d. Shoreline Regulati
Washington safe, healthful, productive, and aesthetically and
FWCC) and the official zoning map:
er 20 FWCC);
ater Management (Chapter 21 FWCC);
n and the Shoreline Management Master Program (Chapter 18 FWCC);
atlè
FWCC - Chapter 18, Environmental Pro ction
Page 20
fM1 @ The Executive P oposed Basin Plan Hylebos Creek and Lower Puget Sound, King
County Surface Water Manageme t, July 1991;
fl-8t Ql} The King Count County-Wide Planning Policies, to the extent currently adopted by the
Federal Way city council, and as ay be adopted hereafter;
fl-9).QÐ The ~ 2001 ing County Final Comprehensive Solid Waste Management Plan,....as--tt
fWj @ The Federal Wa Comprehensive Surface Water Management Plan;
~.Q.Q} Washington Sta Shoreline Management Act of 1971;
. ..
fMj Q1l The Puget Soun Water Quality Management Plan;
~ ilID The King Coun Division of Parks and Recreation Play Area Design and Inspection
Handbook;
~ Q.2} The Sea-Tac Int rnational Airport Impact Mitigation Study, February 1997, prepared by
Hellmuth, Obata and Kassabaum, nc., and Raytheon Infrastructure Services, Inc., under a grant from the
state of Washington;
~ (20) The Washington State Department of Transportation Pavement Guide, February 1995;
~ Gl.} The Highway C acity Manual, Special Report 209, Transportation Research Board,
1997;
ransportation Engineers, Trip Generation, 5th Edition, 1991;
ounty Surface Water Design Manuah (KCSWDM) and the Federal
~ @ The Institute of
~ @ The -t-99-& King
.w,IY Addendum to the KCSWD
ß-B (24) The Storn1water
Department of Ecology,
~ @ The King Count
Practices (BMP manual); aRE!
(26) The January 2002 U S Federal Wa Stream InventorY~-'lI1ci
~Q1} Planning docum ts not specifically listed above but referenced in the environmental
analysis of the city's comprehensl e plan. (Ord. No. 90-40, § 1(20.230.10,20.230.20),2-27-90; Old. No. 91-
109, § 2,9-17-91; Old. No. 91-114, §"', 12-3-91; Old. No. 92-130, § 3, 3-17-92; Ord. No. 92-136, § 3,4-21-92;
Ord. No. 92-137, § 1,5-5-92; Old. N .92-140, § 3,6-2-92; Old. No. 93-184, § 1,8-17-93; Old. No. 93-202, § 1,
12-21-93; Old. No. 95-246, § 2,11-2 -95; Ord. No. 00-365, § 3, 3-7-00)
anagement Manual for the Puget Sound Basin, Washington State
- August 2001;
Stormwatcr Pollution Control Manual and Best Management
18-123 - 18-140 Reserved.
Division. EH','ironmentally Sensitive Critical Areas
18-141 Designation of areas.
(a) The following areas of the nvironment are designated as environmentally sensitive critical areas
pursuant to RCW 36.70"^..060 36. OA030 5 and W"\C 197 11 908:
(I) Critical A~quifer rech ge areas and Wellhead protection areas (Wellhead Capture Zones 1, 5
and 10);
(2) Fish and wildlife habi t conservation areas;
(3) Frequently flooded ar s;
(4) Geologically hazardo areas;
(5) Regulated Wwetlands; and
(6) Streams.
FWCC - Chapter 18, Environmental Prot ction
Page 21
(b) For each of these critical areas, the responsible official shall use city
codes, ordinances, resolutions, pI s and policies identified in FWCC 18-122 to preclude land uses and
development which are incompat" Ie with these areas. (Ord. No. 90-40, § 1(20.280.10),2-27-90; Ord. No. 91-
105, § 6(20.280.1 0), 8-20-91; Ord. N . 93-192, § 2, 11-9-93)
18-142 Portfolio Critical areas a s and inventories.
(a) Critical area maps and documents
inventories, generally designates e location of environmentally sensitive critical areas within the city
and is adopted by reference.
(b) Area-wide inventories an documents comprising the environmentally sensitive areas portfolio
identifying critical areas may not entify all ell'lironmentally sensiti','e critical areas designated under this
section. Whether mapped or not, e provisions of this division will apply to all designated
environmentally sensitive critical reas located within the city. Whenever there is evidence of an
environmentally sensitive a critic area located within or in proximity to a nonexempt action, the
responsible official may require a pecial study to determine the extent such en'/ironmentally sensitive
critical area may exist. (Ord. No.9 -40, § 1(20.280.10),2-27-90; Ord. No. 91-105, § 6(20.280.10),8-20-91)
18-143 Exemptions.
(a) For each'
inapplicable for that area are:
(1) WAC 197-11-800(1), inor new construction, flexible threshold.
(2) WAC 197-11-800(2)( ) through (g), Other minor new construction.
(3) WAC 197-11-800(6)( ), Minor land use decisions. short p1at approval.
(4) WAC 197-11-800 @, Utilities.
(b) Unidentified exemptIons aj] continue to apply WI thm envlnmmentally sensitive areas of the city.
critical area, the exemptions within WAC 197-11-800 that are
b
40, § 1 (20.280.10 - 20.280.30), 2-27 0: Ord. No. 91-105, § 6(20.280. 10), 8-20-91)
18-144 Treatment of proposals.
The city shall treat proposals cated wholly or partially wIthm an cnvironmentally ~en~ a critical
area no differently than other pro osals under this chapter except as stated in FWCC 18-143. A threshold
determination shall be made for a such proposals. The city shall not automatically require an
environmental impact statement r a proposal merely because it is proposed for location in an
environmentally sensitive a critic I area. (Ord. No. 90-40, § 1(20.280.20), 2-27-90)
18-145 - 18-160 Reserved.
1:\2004 Code Amendments\Wellhead Protecti l\City Council\Environmental Protectiol1.doc/1 0/27/20049:24 AM
FWCC - Chapter 18, Environmental Pro ction
Page 22