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Planning Comm PKT 12-10-2003 December 10, 2003 7:00 p.m. City of Federal Way PLANNING COMMISSION NOTE: Different meeting place. AGENDA 1. CALL TO ORDER King County Library 320tb Street Commissioners John Caulfield, Chair Dini Duclos William Drake Grant Newport Tony Moore (Alternate #2) Lawson Bronson (Alternate #4) 2. ROLL CALL 3. APPROV AL OF MINUTES 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARING - Continued Oversized Vehicles Code Amendment 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Hope Elder, Vice-Chair Dave Osaki Marta Justus Foldi Christine Nelson (Alternate #1) Merle Pftifer (Alternate #3) K:\Planning Commission\2oo3\Agenda 12-10-03.docILast printed 12/3/2003 2:34 PM City Staff Kathy McClung, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-661-4105 www.citvoffederalwav.com . .i . " City of Federal Way PLANNING COMMISSION . Regular Meeting " .,' '. .. .i:Î::.\'Y"':': :, City Hall. Council Chambers . November 19,2003 ,,'. 7:00 p.m. .' . MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Marta Justus Foldi, Grant Newport, and Bill Drake. Commissioners absent (excused): John Caulfield and Dini Duclos. Alternate Commissioners present: Lawson Bronson and Christine Nelson. Alternate Commissioners absent: Tony Moore (excused) and Merle Pfeifer (excused). Staff present: Senior Planner Margaret Clark, Code Compliance Officer Martin Nordby, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Vice-Chair Elder called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES It was m/s/c to adopt the October 29, 2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATNE REpORT Ms. Clark informed the Commission that the staff is beginning to prepare the 2004 Planning Commission Work Program. She asked ifthe Commissioners had any code amendments they would like added. If they do, please email or call Margaret or Kathy McClung. The work program will go to the City Council, who will prioritize the items. COMMISSION BUSINESS PUBLIC HEARING - Oversized Vehicle Code Amendment Mr. Nordby delivered the staff report. He stated there were two corrections to the report. On page 9 it references Table 2. This should be deleted. Staff decided not to present the information in a table format. Also on page 9, the second sentence in the second paragraph should be deleted. The information is incorrect. Mr. Nordby went over the questions raised at the last public hearing and the staff s responses as presented in the staff report. It was noted that on page 9, number (e) does not mention boats. Staff replied that boats would be added. It should be considered that some people have both a boat and an RV. Bob Rawlings - He is concerned with the RV aspect of the proposed code amendment. Even increasing the length to 24 feet is unnecessary and unwanted. He feels the proposal leaves questions about how the vehicles are parked and screening. He hopes that when vehicles are measured, it will be done "length overall." An earlier staff report commented that this proposed amendment would help lower Mr. Nordby's workload. He feels this is an inappropriate reason to seek and change and commented that volunteers could help with the workload. K:\Planning Commission\2oo3\Meeting Summary 11-19-03.doc Planning Commission Minutes Page 2 November 19,2003 Scott Chase - He is glad to hear discussion of breaking the proposal into two separate proposals. He feels it is important to regard the vehicle in relation to the property line, regardless if it is commercial or an RV. He believes RVs shouldn't be stored in driveways. He also believes vehicles should not be stored in required yard setbacks. He strongly feels the size ofRVs should not be increased; property sizes are not getting larger. He commented that there is nothing in the current code that size does not include the hitch and since RVs are already measured with the hitch, there is no reason to increase the size to include the hitch. It would look better to have RVs parked perpendicular to the street. He pointed out to the Commission that the vehicle on page 12 that is under 10,000 GVWR is quite tall. In summary, the Commission should consider the number of large vehicles allowed, placement perpendicular to the street, whether the hitch is included, size and weight of the vehicle, screening, lot size, and no parking in setbacks. Richard Keltner - If the City were to do all that has been suggested by the previous speakers, why would anyone move to Federal Way with a boat and travel trailer? If a person's driveway is 24 feet and the vehicle does not overhang the sidewalk or right-of-way, why not allow it? Lawson Bronson, Alternate Planning Commissioner - He is a member of the American Society for Testing and Materials (ASTM) and said he could research if they have a standard for measuring vehicles and would send Mr. Nordby the information. He feels the staff report and what has been said tonight does not address the backhoe issue raised at the last Planning Commission meeting. It is allowed as long as he has a building permit, but since he is doing the work himself, it could take longer then the 12 months allowed by a building permit and it would be very expensive for him to get a new permit every 12 months. He also commented that many who have larger property would not want to have a fence or hedge to screen a large vehicle they park on their property. Commissioner Elder commented that we must be careful not to create excessive legislation. While she agrees commercial vehicles in residential neighborhoods should be regulated, as long as an RV fits in a driveway or garage and is not a safety concern, it should not be regulated. Commissioner Drake commented that the Commission should keep in mind that what is appropriate in one neighborhood is not necessarily appropriate for the whole City. Commissioner Grant discussed the backhoe issue and suggested that an exemption be made to allow such vehicles on larger lots as long as they are not visible. It was moved to adopt the staff recommendation only for commercial vehicles; the motion died for the lack of a second. It was m/slfailed to raise the GVWR to 12,000. The Commission agreed that recreational vehicles should not be regulated. It was moved, but died for the lack of a second, to send the proposed amendments to the City Council with no recommendation. It was moved/seconded to send forward the commercial vehicle portion of the proposed amendments to the City Council with a recommendation to adopt. It was m/s/c to amend the motion to place a limit of only one commercial vehicle allowed. The vote for the motion as amended was three yes, two no. According to the Planning Commission's Rules of Procedure, a motion must have a majority of the entire Commission (which is four) to be carried. The motion failed. After further discussion, the Commission decided that 12,000 GVWR was acceptable. They discussed the staffs proposal to allow one commercial vehicle on lots over 15,000 square feet as long as it is screened, which would include the Suburban Estates (SE), Single-Family Residential (RS) 35.0, and RS 15.0 zones. The Commission agreed that screening should not be required. It was m/slfailed to continue the public hearing to December 10, 2003, at the 320th Street library. The Commission agreed that recreational vehicles should be separated from the commercial vehicles and be discussed at a later date (maybe January). They agreed there should only be one commercial vehicle per K:\Planning Commission\2oo3\Meeting Summary 11-19-03.docILast printed 1213/2003 2:34 PM Planning Commission Minutes Page 3 November 19,2003 lot and SE and RS 35 should be exempt. Screening should not be required and parking in the driveway is acceptable. Measuring height can be an issue and it was recommended that the height limit be removed. It was m/slc to adopt regulations for commercial vehicles with a limit of 12,000 GVWR, one vehicle per lot, can be parked in the driveway, and SE and RS 35 zones be exempt. The Commission feels that if more people were aware that regulations for recreational vehicles are being considered, more citizens would attend the meeting. The Commission would like the staff to do more advertising for the meeting when recreational vehicle regulations are discussed. Commission Elder offered to send the newspaper a letter on this issue when the meeting date is decided. It was m/s/c to continue the public hearing to December 10, 2003, at the 320th Street Library to finalize the commercial vehicle code amendment, which will be written in line with the previous motion. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 9:55 p.m. K:\Planning Commission\2oo3\Meeting Summary 11-19-03.docILast printed 1213/2003 2:34 PM ~ CITY OF ~ Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) ChaptO" 22, Article XIII Division 11, "Vehicles and Boats" (Oversized Vehicles) Planning Commission Meeting of December 10,2003 I. BACKGROUND The proposed code amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles, Exhibit A) were presented to the City Council at their September 2 and 16,2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16,2003, the Council made a motion for staffto research certain questions and take the amendments back to the Planning Commission for additional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29,2003, public hearing. The Planning Commission continued the public hearing to November 19,2003, with a request for staff to research additional questions. Staff presented this research at the November 19,2003, continuation of the public hearing, at which time the Planning Commission requested that staff prepare a code amendment, which incorporates the following: 1. Prepare separate code sections to govern commercial vehicles and recreational vehicles, trailers, and boats. 2. Define commercial vehicle based on use. 3. Allow commercial vehicles up to 12,000 lbs gross vehicle weight rating (GVWR) on any lot, regardless of size. 4. Allow commercial vehicles of any size on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. 5. Allow only one commercial vehicle per lot. 6. Make no changes to the regulations governing recreational vehicles, trailers, and boats at this time. Changes may be entertained at a future Planning Commission public hearing that will be publicized to encourage the attendance and input of owners of recreational vehicles, trailers, and boats. II. PROPOSED CODE AMENDMENT Based on Planning Commission direction (see items 1-6, above), staff has prepared the proposed code amendments shown in Exhibit B. Proposed changes to the existing code are shown in a strikeout (deletions) and underline ( additions) format. Even though the regulations for commercial vehicles have been separated from those governing recreational vehicles, trailers, and boats, they are proposed to be kept in the same Division 11 to prevent duplication of language, such as the exceptions, which would apply to "oversized" commercial vehicles as well as oversized recreational vehicles, trailers, and boats. III. STAFF RECOMMENDA nON Staff recommends that the Planning Commission forward the code amendments as proposed in Exhibit B, C, and H to the City Council for approval. Exhibit C contains the new definition for "commercial vehicle" and Exhibit H is a code correction that was previously discussed in the July 6, 2003, Planning Commission Staff Report (please refer to following paragraph). FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required" states: "(a) Generally. Regardless of any other provisions of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter; .. .(8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones." In reviewing this section, staff realized that this should also have referenced FWCC Section 22-1176 et seq. This omission apparently occurred when the code was codified in 1992. Prior to the codification, the nonconformance section (Chapter 165.25) referred only to "Non- conformance with the provisions in Chapter 115 regarding parking and storage of large vehicles in residential zones" (Exhibit D). However, there were two sections (Chapter 115.105 and 115.145) in Chapter 115 that governed parking and storage of large vehicles in residential zones (Exhibit D). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-1111, and Chapter 115.145 became Section 22-1176 et al. However, Section 22-330 now only references Section 22-1111 et seq. (Exhibit E). We are, therefore, proposing to add a reference to FWCC Section 22-1176 et seq. in FWCC Section 22-330(8) (refer to Exhibit F). In regards to the above, the City is aware of one home occupation with an associated commercial vehicle in a residentially zoned area. With the passage of these amendments as presently written, this vehicle, which is approximately 20,000 lbs GVWR, could no longer be parked legally on that lot. This lot is 15,480 square feet and is located in a Single-Family Residential (RS 7.2) zone. Oversized Vehicles Code Amendment December 10,2003, Planning Commission Staff Report File #03-1 02457-00-UP Page 2 IV. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. V. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. There is no specific language in the comprehensive plan that addresses the desire to prohibit commercial vehicles from lots in residentially zoned neighborhoods. However, one of the land use concepts found in the comprehensive plan (page II-I) is the, "Preservation and enhancement of existing residential neighborhoods." The proposed FWCC text amendments are consistent with this concept. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots other than those in Suburban Estates and Single-Family Residential (RS 35.0) zones may block sight distance, thus contributing to traffic-related accidents. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on lots other than those in Suburban Estates and Single- Family Residential (RS 35.0) zones my detract from the neighborhood character. VI. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: Oversized Vehicles Code Amendment December 10, 2003, Planning Commission Staff Report File #03-102457-00-UP Page 3 I. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VIII. EXHIBITS Exhibit E Exhibit F FWCC Chapter 22, Article XIII, Division II, "Vehicles and Boats" as presented to the City Council Proposed amendments to FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" based on Planning Commission direction FWCC Chapter 22, Article I, Section 22-1, "Definitions" Federal Way Zoning Code adopted upon 1990 incorporation (Chapters 165.25, 115.05, & 115.145) Federal Way City Code codified in 1992 (FWCC Sections 22-330, 22-1111, & 22-1176) FWCC Chapter 22, Section 22-330 (Portion of Existing Zoning Code) with Proposed Amendment Exhibit A Exhibit B Exhibit C Exhibit D I:\DOCUMENlìÛ\ersized Vehicles\12 I 003 Staff Report to Planning Commission.DOClLast printed 12/3/20033: I 4 PM Oversized Vehicles Code Amendment December lO, 2003, Planning Commission Staff Report File #03-lO2457-00-UP Page 4 EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size Bad use Parkin!! and stora!!e in residential zones limited. Exeept as speeifiee iR FWCC 22 II??, it is a viølatioR of this ehapter to park or store aft)' yehiele or boat OR aRY lot iR a resideRtial ZORe ifthat vehiele or boat is both more thaR RiRe feet iR height and more thaR 22 f.øet iR length. (Ont No. 90 13, § 2(115.145(1)),2 27 90) Except as exempted pursuant to FWCC 22-1178. parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means. unless exempted by FWCC 22- 1178. anv motorized vehicle or truck over 10.000 Ibs gross vehicle weight rating (GVWR). as defined in the Revised Code of Washington (RCW). or any non-motorized trailer or other method of conveyance. the principal use of which is the transportation of commodities. vehicles. merchandise. produce. freight. or animals: or bulldozers. backhoes. cranes. and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles. 10.000 lbs GVWR or less. with or without a mounted camper unit. which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up. light duty trucks. or passenger vehicles that do not exceed a maximum of 10.000 lbs GVWR. (c) RecreationaVutility vehicles and boats less than 28 feet in length. such as travel trailers. folding tent trailers. motor homes. truck campers removed from a truck or pick-up. horse trailers. boat trailers with or without boats. and utility trailers based on the following conditions: (1 ) Vehicle does not intrude into public rights-of-way. pedestrian pathways. or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean. operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) RecreationaVutility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 22 1177 22-1179 Exceptions. (a) /\. vehicle of any size may be parkeå on any lot in the city for not more than 18 hoHrs for the exeIHsi':e purpose of loading or Hnloading the vehiele. fè1 The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (I) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 117822-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 117922-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any I80-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1182 - 22-1195 Reserved. 1:\2003 Code Amendments\Oversize Vehicles\City Council\Exhibit A\Division II -- New Code Language.doclI2/0I/2003 5:08 PM EXHIBIT B FWCC Chapter 22. Article XIII. Division 11. Commercial Vehicles. Recreational Vehicles. and Boats 22 117' Size and use in residential zones limited. Exeept as sf'Jeeifieè in FWCC 22 1177, it is a '¡iolation of this ehapter to park or store any ':ehiele or boat on an)' lot in a resièeatial zone ifthat vehicle or boat is both more than nine feet in height and more than 22 feet in length. (Ont No. 99 43, § 2(115.145(1», 2 27 90) 22-1176 Parkin!! and stora!!e of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up. light duty trucks. or passenger vehicles that does not exceed a maximum of 12.000 lbs. gross vehicle weight rating (GVWR as defined in RCW ) mav be parked on any residentially zoned lQb (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE): (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle: (d) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit: (e) Additional exceptions as outlined in FWCC 22-1179. 22-1177 Parkin!! and stora!!e of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. 21 1177 22-1178 Exceptions. (a) /'. yehiele of an)' size may be parked on an)' lot in the eity for not more than 18 flours før the eKelusive p1:lrpose of loading or 1:lnloading the vehiele. W The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (I) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2»),2-27-90; Ord. No. 00-375, § 25, 10-3-00) - 1 - 22 117822-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2», 2-27-90) 22 1179 22-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any I80-day period. (Ord. No. 90-43, § 2(115.145(3»,2-27-90) 22 118022-1181- 22-1195 Reserved. I:\DOCUMENnOversized Vehicles\120303 Revision Division II -- New Commercial Code Language.doc - 2- EXHIBIT C FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify \,mder FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means any motorized vehicle or truck, or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals: or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. 1:\2003 Code Amendments\Oversize Vehic1es\Planning Commission\Remand Version\Definitions.doc/12/01/2003 5:23 PM 165.20 165.25 1> OF~ Abatement of Non-Conformance That Was Illegal When Initiated EXhIBIT PAGE I 1. General - Except as specified in Paragraph 2 of this Section, any non-conformance that was illegal when initiated must immediately be brought into conformance with this Chapter. The City may, using the provisions of Chapter 175 of this Code or any other applicable law, immediately abate any non-conformance that was illegal when initiated. 2. Exceptions - If a non-conformance has ever been in complete conformance with an applicable zoning code, it may continue to exist subject to the provisions of this Chapter, and it is not subject to abatement under Paragraph 1 of this Section. Immediate Compliance with Certain Provisions Required 1. General - Regardless of any other provision of this Chapter, the following non-conformances must be immediately brought into conformance with applicable provision of this Code: a. Non-conformance with the Noise Standards in Chapter 115. b. Non-conformance with the Lighting Standards in Chapter 115. c. Non-conformance with the Heat Emission Standards in Chapter 115. d. Non-conformance with the Radiation Standards in Chapter 115. e. Non-conformance with the Air Quality Standards in Chapter 115. f. Non-conformance with the Water Quality Standards in Chapter 115. g. Non-conformance with the Odor Standards in Chapter 115. ¥ h. Non:-conformance with the provisions in Chapter 115 regarding Parking and Storage of large vehicles in residential zones. 1. Non-conformance with the prOVISions in Chapter 115 regarding junk in residential zones. 165 - 2 165.30 165.35 'I> J. EXhiBiT PAGE_ha. )F~ Non-conformance with the Glare Standards in Chapter 115. k. Non-conformance with the provision in Chapter 95 of this Code regarding portable outdoor signs. 1. Non-conformance with the provision in Chapter 95 of this Code regarding location of signs extending over rights-of- way. 2. Abatement - The City may, using any of the provisions of Chapter 175 of this Code or any other applicable law, immediately abate or seek discontinuance of any non-conformance listed in Paragraph 1 of this Section. Special Provision for Damaged Improvements If a non-conforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: 1. The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value, the applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the City. The Community Development Director may require the applicant to provide an appraisal from a source acceptable to the City if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the City, the larger of the two amounts shall be used. 2. The improvement, as reconstructed, is not any more non- conforming than it was immediately prior to the damage. 3. The applicant applies for a building permit to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to that building permit. Certain Non-Conformance Specifically Regulated 1. General - Paragraphs 2 through 7 of this Section specify when and under what circumstances certain non-conformance must be corrected. If a non-conformance must be corrected under this Section, the applicant must, as part of the application for any development permit, submit all information that the City 165 - 3 115.100 "k 115.105 2. a. b. EX. .1 B rr__. --)) PAGE--'-OF --- State standard AdoPted The city of Federal Way adopts by reference the Maximum Environmental Noise Levels established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-60, as now existing or hereafter amended. . Watercraft Noise Performance Standards - The City of Federal Way adopts by reference the Watercraft Noise Performance Standards established pursuant to the Noise control Act of 1974, RCW chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-70, as now existing or hereafter amended. Bonds The City may require a bond under Chapter 180 of this code to insure compliance with the provisions of this Section. Odor Any odor which injures, endangers the comfort, repose, health or safety of person on abutting properties or streets¡ or in any way renders persons insecure in life or in the use of abutting properties or streets is a violation of this Code. 1. Outdoor Use, Activitv and Storace General - This section establishes regulations appl icable to outåoor use ¡ storage and activity. Residential Uses - Outdoor uses¡ storage and activities normally. associated wi th a residential use are De:r-¡ni tted, unless otherwise regulated or prohibited by this Code. 2. 3. Commercial and Industrial Uses a. General - Subject to the requirements of paragraphs b. through g. of this Section, the uses and activities that are permitted on a site under this Code may be conducted out of doors unless otherwise regulated or prohibited by this Code. 115 - 21 ~115.145 .b EXHIBIT Vehicles and Boats PAG(;-e--~d~~U3c"'-i.R- Residential Zones Limited 1. General - Except as specified in paragraph 2 of this section, it is a violation of this Code to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than 9 feet in height and more than 22 feet in length.. ( 2 . Exèeptions a. A vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. b. The City may, using Process II, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if- 1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; 2) The'. property abutting the subject property will not be impacted by the parking or storage; 3) The place~ent of the vehicle or boat will not create a potential fire hazard; and 4) The parking or storage is clearly accessory to a residential use on the subjec~ proper~y and the vehicle or boat is operated by a resident of the subject property. The City may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. 3. Limitation on Use - It is a violation of this Code to sleep in, or use for any other residential purpose, a vehicle or boat parked . in a residential zone for more than fourteen (14) days in anyone hundred and eighty (180) day period. 115 - 38 ninor mod- ducing the he amount increasing oor area of any struc- Ir parking feet in any y required y increase change in nt to the y adverse .he project nificantIy section (a) of this section, any development on the subject property must comply with all applicable laws of the city as if the resolution of intent to rezone had not been granted. (Ord. No. 90-43, § 2(130.80), 2-27-90) Sec. 22.307. Same-Map change. Upon completion of the project in full compli- ance with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the rezone by adopting an ordinance that makes the change to the zone boundary or zone classification on the zoning map that was approved in the resolution of intent to rezone. (Ord. No. 90-43, § 2(130.85), 2-27-90) Sees. 22.308-22-325. Reserved. ARTICLE IV. NONCONFORMANCE'" ZONING EXH I B IT. £ ~ P AGE -~-Q F ---*-- § 22.330 Sec. 22-328. Regulations applicable to non- conforming use. If a use is nonconforming in the zone in which it is located, this chapter does not establish appli- cable dimensional or other regulations. There- fore, to determine what regulations apply, the city will determine the zone that allows the noncon- forming use that is most similar to the zone in which the nonconforming use is located and apply the regulations of that zone. (Ord. No. 90-43, § 2(165.15), 2-27-90; Ord. No. 91- 113, § 4(165.15), 12-3-91; Ord. No. 92-135, § 3(165.15), 4-21-92; Ord. No. 92-144, § 3(165.15), 6-16-92) Sec. 22.329. Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal when initiated must immediately 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 when initiated. (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20), 2-27-90; Ord. No. 91- 113, § 4(165.20), 12-3-91; Ord. No. 92-135, § 3(165.20), 4-21-92; Ord. No. 92-144, § 3(165.20), 6-16-92) Sec. 22.326. Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the . uSe or development on the subject property that is not permitted under this chapter. .,(OÌ'd. No. 90-43, § 2(165.05), 2-27-90; Ord. No. 91- 'U8, § 4(165.05), 12-3-91; Ord. No. 92-135, § \: . J(~(1~5.05), 4-21-92; Ord. No. 92-144, § 3(165.05), ";';~:~6-1~92) , '~,;.~2.327. When conformance is required. . an aspect, element, activity or use of or on the ~~ct property conformed to the applicable. \ Sec. 22-330. Immediate compliance with cer- ,g chapter in effect at the time that aspect, ~ tain provisions required. ~nt, activity or use was constructed or initi- . ~that aspect, element, activity or use may . (a) Ge~erallt Regardless. of any other prOVI- ;ue and need not be brought into conform- SIOn ofthI.s artrcl.e. the followmg.nonconformances with this chapter unless a provision of this must be Imm:dIately br.o~ght mto. conformance ~,requires conformance. with the applIcable provIsIOns of thIS chapter: ,0.90-43, § 2(165.10), 2-27-90; Ord. No. 91- (1) Nonconformance with the noise standards ,.04(165.10), 12-3-91; Ord. No. 92-135, § in section 22-956' :~O), 4-21-92; Ord. No. 92-144, § 3(165.10), ' '¡$¡~ (2) Nonconformance with the lighting stan- ~f<' dards in section 22-954; ~ences-Effective date of the zoning regula- . ,ffients, § 22-9; district regulations, § 22-571 entary district regulations, § 22-946 et seq. ions. to the ap- of the re- ~nt may .terial re- ~lated re- Ipon this ns 22-301 ~ion for a (3) Nonconformance with the heat emission standards in section 22-951; 1357 EXHIBIT. E. FEDERALWAYCITYCOpAGE__...a .1E § 22-330 (4) Nonconformance with the radiation stan- dards in section 22-959; (5) Nonconformance with the air quality stan- dards in section 22-947; (6) Nonconformance with the water quality standards in section 22-1196 et seq.; (7) Nonconformance with the odor standards in section 22-958; .,U8) Nonconformance with the provisions in sec- r\ tion 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in sec- tion 22-952 regarding junk; (10) Nonconformance with the glare standards in section 22-950; (11) Nonconformance with the provision in sec- tion 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in sec- tion 22-1596 regarding location of signs ex- tending over rights-of-way. (b) Abatement. The city may, using any of the provisions of section 22-121 et seq. or any other applicable law, to immediately abate or seek dis- continuance of any nonconformance listed in sub- section (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ora. 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) Cross references-Enforcement of the provisions regarding nonconformance with the zoning regulations, § 22-121 et seq.; maximum environmental noise levels, § 22.956; lighting stan- dards, § 22.954; heat regulation, § 22.951; radiation, § 22-959; air quality, § 22.947; odors, § 22-958; water quality, § 22.119G ct seq.; parking and storage of outdoor equipment, § 22-1111 et seq.; junk and junkyards, § 22-952; glare regulations, § 22.950; portable outdoor signs, § 22-1596 et seq.; signs ex- tending over rights-of-way, § 22-1596 et seq. s~c. 22-331. Certain nonconformances specif- ically regulated-Generally. (a) Sections 22-332 through 22-337 specify when and under what circumstances certain nonconfor- mances must be corrected. If a nonconformance must be corrected under this section, the app' cant must, as part of the application for any t velopment permit, submit all information that th city reasonably needs to review the correction. i addition, the city will not issue a certificate o' zoning compliance or permit occupancy until thé correction is made. (b) If section 22-330 applies to a specific non~ conformance, the provisions of this section do not' apply to that same nonconformance. (Ord. 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)), 4-21-92; Ord. No. 92-144, §: 3(165.35(1)), 6-16-92) Sec. 22-332. Same-Nonconforming use. Any nonconforming use must be brought into conformance or discontinued if: (1) The applicant is making structural alter- ations or increasing the gross floor area of any structure that houses or supports the nonconforming use; . " (2) Other than as specified in subsection (1) of ì this section, the applicant is making ï changes or alterations or doing work, other! ' than normal maintenance, in any 12-month i period to any structure that houses or sup- ports the nonconforming use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The ap- plicant may provide an appraisal of the im- provement which has been damaged. The appraisal must be from a source that is ac- ceptable to the city. The community devel- opment director may require the applicant to provide an appraisal from a source ac- ceptable to the city if the assessed valua- tion appears to be inappropriate. If an ap- praisal is provided by the applicant or required by the city, the larger of the two amounts shall be used; (3) The subject property has been abandoned for 90 or more consecutive days or the non- conforming use has ceased for 180 or more consecutive days; or (4) The applicant replaces the use with a dif- ferent use. The city may allow this change in use, if through process II, the city deter- mines that the proposed new use will be use; ( . (2) The a or all norm ìmpr< 12-m whic1 appr: ject I anal been a SOl: comr qUln from asse: priai appl of th (3) The fod con< cea~ (4) The ten cha 1358 ~nt of that lItations of I land sur. bject prop.' on will not ot increase~ lVerage el. . ,erty, com~ If the mid. ; Ord. No. lual. § 21-28; al. ~, ation that In 22-1093 to the ap- I, section tit the fol. J. operty. proposed ICation of improve.. nder sec- ithin 400 .. f the pro- icient in- 1tial im- ~ modifi. sures to s, all as (2) It will not violate any express policy of the city. (3) It meets at least one of the following cri- teria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivi- sion approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4)), 2-27-90; Ord. No. 90-77, § 3(115.75(4)), 12-11-90) See. 22.1095. Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or de- stroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In ad- dition, if the land surface modification destroys ground cover or shrubbery, the applicant shall hy- droseed the bare soil and plant 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) Sees. 22.1096-22-1110. Reserved. DIVISION 8. OUTDOOR ACTIVITIES AND STORAGE* >kSec. 22-1111. Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(1)), 2-27-90) .Cross reference-This nonconformance must be immedi- ately brought into conformance with the applicable provisions of the zoning regulations, § 22-330. ZONING EXHU:sl1.. PAGEJ e )F-Y- § 22-1113 Sec. 22-1112. Residential uses. Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. (Ord. No. 90-43, § 2(115.105(2)), 2-27-90) Sec. 22.1113. Commercial and industrial uses. (a) Generally. Subject to the requirements of subsections (b) through (g) of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community devel- opment, a site plan drawn to scale showing and describing the following items: (l) Locations and dimensions of all structures and fences on the subject property. (2) Locations and dimensions of all parking and driving areas on the subject property. (3) Locations and dimensions of all existing and proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all existing landscaping and buffer on the subject prop- erty. (5) The nature of the outdoor use, activity or storage. (6) The intended duration of the outdoor use, activity or storage. (c) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following stan- dards: (1) All outdoor use, activity and storage areas must comply with required buffers for the prImary use. (2) A minimum six-foot-high solid screening fence or other appropriate screening ap- proved by the director of community devel- 1589 .- .- -. 1iIi!IíIf' traffic. The one at each xi along the !a that must (2) Natural topography of the ground. How- ever, the public works director may require land surface modification to fulfill the in- tent of this division as part of any develop- ment activity on the subject property. (3) Any number of tree trunks and sign or utility poles if the public works director de- termines that adequate visual access is available between these tree trunks or poles. (Ord. No. 90-43, § 2(115.130(3)), 2-27-90) "', Sees. 22-1161-22-1175. Reserved. DIVISION 11. VEHICLES AND BOATS. Sec. 22-1176. Size and use in residential zones limited. Except as specified in section 22-1177, it is a violation of this chapter to park or store any ve- hicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in , height and more than 22 feet in length. :¡ (Ord. No. 90-43, § 2(115.145(1)), 2-27-90) ~ ~. ~ Sec. 22-1177. Exceptions. i (a) A vehicle of any size may be parked on any ~ lot in the city for not more than 48 hours for the t exclusive purpose of loading or unloading the ve- i hicle. . , (b) The city may, using process II, approve a t request to park or store a vehicle or boat of any f size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the char- acter of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and . .Cross references-Traffic and vehicles, ch. 15; district .' regulations, § 22-571 et seq.; ofTstreet parking requirements, § : .'22-1376 et seq.; vehicular access easement improvements re- . quired, § 22-1496 et seq. ,=XH¡BIT ZONING P AGE -----4 E' )F~1196 (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1178. Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other re- strictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1179. Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) Sees. 22-1180-22-1195. Reserved. DIVISION 12. WATER QUALITYt Sec. 22.1196. Scope. This division establishes the following water quality standards based on how the water leaves the subject property: (1) Section 22-1197 establishes water quality standards for water that flows directly from the subject property into a stream, a lake or Puget Sound. (2) Section 22-1198 establishes water quality standards for water that is conveyed into the public storm water system directly from the subject property. tCross references-Streets, sidewalks and certain other public places, ch. 13; utilities, ch. 16; storm and surface water utility, § 16-76 et seq.; environmental protection, ch. 18; en- vironmental policy, § 18-26 et seq.; mitigation of development impact, § 19-41 et seq.; subdivision improvements, § 20-176 et seq.; surface and stormwater management, ch. 21; drainage program, § 21-26 et seq.; this nonconformance must be imme- diately brought into conformance with the applicable provi- sions of the zoning regulations, § 22-330; environmentally sen- sitive areas, § 22-1221 et seq.; regulations regarding land surface modification improvements or landscaping around streams or other waterways, § 22-1306 et seq.; zoning regula- tions regarding improvements, § 22-1471 et seq. 1599 EXHIBIT F FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision ofthis article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage oflarge vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate 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) 1:\2003 Code Amendments\Oversize Vehicles\Planning Commission\Remand Version\Nonconformance.docl12/02/2003 9:18 AM (()2002 Code Publishing Co. Page 1