ORD 09-595
ORDINANCE NO. 09-595
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO TECHNICAL CHANGES TO LAND USE
REGULATIONS, ADDING SECTIONS, AMENDING SECTIONS, AND
REPEALING SECTIONS IN CHAPTERS 5, 13, 21, AND 22 OF THE FEDERAL
WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and land use regulations can be simplified and
consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of land use regulations;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5, Article IV, Section 5-70, of the Federal Way City Code shall be amended
to read as follows:
5-70 Construction.
(a) International Building Code requirements. Five-story Type V A buildings must comply with all
requirements of the International Building Code, except as modified or supplemented by this article. In
the event of a conflict between the International Building Code and the provisions of this article, the
Ordinance No 09-595
Page 1 of 12
provisions of this article shall control. References in this article to building construction "types" (e.g.,
Type I or Type V) shall have the same meaning as set forth in the International Building Code.
(b) Lowest story construction requirements. The lowest story in a five-story Type V A building shall
be constructed of Type V -A fire-resistive construction, except that all structural frame and load bearing
elements must consist of approved, two-hour fire-resistive construction.
(c) Upper four stories. The upper four stories of a five-story Type V A building shall be constructed of
at least Type V -A fire-resistive construction.
(d) Use of Type V above Type I construction. Where Type V A wood frame stories are constructed
over Type I construction, the Type V A stories shall be separated from the Type I stories with a horizontal
assembly having a minimum three hour fire resistance rating as provided in International Building Code
Section 509.2 of the 2006 Edition. (Ord. No. 01-389, S 1 (B), 6-5-01; Ord. No. 04-465, S 8, 10-5-04; Ord.
No. 07 -563 ~ 1, 10-16-07)
SECTION 2. Chapter 5, Article IV, Section 5-71, of the Federal Way City Code shall be amended to
read as follows:
5-71 Occupancy.
(a) Occupancy of five-story wood frame Type VA buildings shall be allowed as provided in Table
503, International Building Code, 2006 Edition, except that B, M, and R-l occupancies shall be allowed
on any floor.
(b) Occupancy shall have the same meaning as set forth in the 2006 Edition of the International
Building Code. (Ord. No. 01-389, S I(B), 6-5-01; Ord. No. 04-465, S 8, 10-5-04; Ord. No. 07-563 S 1,
10-16-07)
SECTION 3. Chapter 5, Article IV, Section 5-77, of the Federal Way City Code shall be amended to
read as follows:
5- 77 Construction inspection
The following shall be required for buildings designed and constructed pursuant to this section
(1) Structural observation provided by the engineer of record for structural frame elements; an6
(2) Special inspections as required in the 2006 International Building Code~ as presently
constructed or as hereafter amended.
(3) All other inspections shall be in strict accordance with other applicable codes; and
(4) Structural observation documents stamped by the engineer of record and all special inspection
reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of
occupancy.
SECTION 4. Chapter 5, Article V, Section 5-116, of the Federal Way City Code shall be amended to
read as follows:
5-116 Plumbing code adopted
The following codes all as amended added to or excepted in this chapter together with all
amendments and additions provided in this title are adopted and shall be applicable within the city
(1) The following chapters of the Washington Administrative Code as presently constituted or as
may be subsequently amcnded
(a} Chapter 51-56 State Building Code Adoption and Amendment of the 2006 Edition of the
Uniform Plumbing Code except Section 701.1 which is adopted without state amendment; and
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{b} Chapter 51-57 State Building Code Adoption and Amendment of the 2006 Edition of the
Uniform Plumbing Code Standards.
(2) The 2006 Uniform Plumbing Code as presently constituted or as may be subsequently
amended provided that in the event of conflicts with the State Plumbing Code adoption of the Uniform
Plumbing Code the state code will prevait Such conflicts will be reviewed and a determination issued by
the building official or their designee.
SECTION 5. Chapter 5, Article VII, Section 5-166, of the Federal Way City Code shall be amended
to read as follows:
5-166 Codes adopted.
The following codes, as presently constituted or as may be subsequently amended, are all ~ adopted
as amended, added to, or excepted in this chapter, together with all amendments and additions provided in
tflts-title, are adopted and shall be applicable within the city:
(l) 2006 Edition of the International Property Maintenance Code, except Sections 111, 303, 307,
308, and 507 are not adopted. Ord. No. 98-320, S 10,9-15-98; Ord. No. 04-465, S 14, 10-5-04; Ord. No.
07-563 S 1, 10-16-07)
SECTION 6. Chapter 13, Article VII, Section 13-246, of the Federal Way City Code shall be
amended to read as follows:
13-246 Abuse or mutilation of vegetation prohibited.
No person shall intentionally damage, destroy or mutilate any vegetation located in any public right-
of-way or other public place, or attach any rope or wire (other than used to support a young or broken
tree), nail, sign, poster, handbill or other item to such vegetation, or allow any gaseous liquid, or solid
substance which is harmful to such vegetation to come in contact with the vegetation, or set fire or permit
any fire to burn when such fire or the heat thereof will injure any portion of such. vegetation; provided,
however, that nothing in this section shall preclude either the owner or the occupant from removing or
maintaining ffi:lefl vegetation as required in this Code by F'NCC 13 212. (Ord. No. 93-187, S 1,9-21-93)
SECTION 7. Chapter 21, Article III, Section 21-24, of the F ederal Way City Code shall be amended
to read as follows:
21-24 Purpose.
The provisions of this article are intended to:
(l) Provide standards and procedures for inspection and maintenance of stormwater facilities in
Federal Way to provide for an effective, functional stormwater drainage system.
(2) Authorize the Federal Way public works department to require that stormwater facilities be
operated, maintained and repaired in conformance with this chapter.
(3) Establish the minimum level of compliance which must be met.
(4) Guide and advise all who conduct inspection and maintenance of stormwater facilities.
(5) ~ Prevent harmful materials from leaking, spilling, draining, or being dumped into any
public or private stormwater system. (Ord. No. 99-352, S 3, 11-16-99)
SECTION 8. Chapter 22, Article IV, Section 22-337, of the Federal Way City Code (FWRC
19.30.120) shall be amended to read as follows:
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22-337 [FWRC 19.30.120], Nonconforming water quality improvements.
This section sets forth the standards when and under what circumstances a structure, improvement~ ef
development~ or property that does not conform to the development regulations prescribed in FWRC Title
16 (as amended) relating to water quality, or does not conform to the de',elopment regulations contained
in .^.rticle XIII, Division 12, of this chapter (FWCC 22 1196 through 22 1220, as amended) must be
brought into compliance with the development regulations in FWRC Title 16 pertaining to water quality
and ,^.rtic1o XIII, Division 12 of this chapter (FWCC 22 1196 through 22 1220, as amended).
(1) Redevelopment. Any person proposing to redevelop a structure, improvement, development or
property must bring that structure, improvement, development or property into compliance with the
development regulations in FWRC Title 16 pertaining to water quality and ,^.rtic1e XIII, Division 12 of
this chapter (FWCC 22 1196 through 22 1220, as amended), where the proposed redevelopment meets or
exceeds the thresholds set forth below. For the purposes of this section, "redevelop" or "redevelopment"
means, on an already developed site: the creation or addition of impervious surface; the expansion of a
building footprint or addition or replacement of a structure; structural development including an increase
in gross floor area and/or exterior construction or remodeling, where the structural development exceeds
50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the
repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of
use which has a potential to release a new poIlutant(s) to the city's surface water systems; or land
disturbing activities associated with impervious redevelopment.
a. Redevelopment which involves the creation or addition of impervious surfaces having an area
of 5,000 square feet or more;
b. Redevelopment which involves the construction or replacement of a building footprint or other
structure having a surface area of 5,000 square feet or more, or which involves the expansion of a
building footprint or other structure by 5,000 square feet of surface area or more;
c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an
impervious surface, when such redevelopment is not part of a routine maintenance activity;
d. Redevelopment which involves the collection and/or concentration of surface and/or
stormwater runoff from a drainage area of 5,000 square feet or more;
e. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or
closed depression, groundwater recharge area, or other water quality sensitive area determined by the
public works director, based on a written map, policy, water quality monitoring data or plan in existence
or implemented by the public works director prior to submission of a redevelopment application which is
determined to trigger application of this subsection, or based on information developed during review of a
particular redevelopment application;
f. Redevelopment which involves a change in use, and the changed use has a potential to release a
new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new
poIlutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in
use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use;
g. Redevelopment, other than normal maintenance or other than the tenant improvements, but
including any increase in gross floor area, in anyone consecutive 12-month period which exceeds 50
percent of the assessed or appraised value (whichever is greater) of the structure or improvement being
redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a
source acceptable to the city. The public works director may require the applicant to provide an appraisal
from a second source acceptable to the city if the assessed valuation appears to be inaccurate or
inappropriate. If more than one appraisal is provided by the applicant or required by the city, the greater
of the two amounts shall be used. For purposes of this determining value under this section,
improvements required pursuant to FWCC 22-334 (nonconforming development), 22-336
(street/sidewalk improvements), 22-337 (nonconforming water quality improvements) and 22-1473
(street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would
trigger application of this subsection;
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h. Redevelopment of property which drains or discharges to a recelvmg water that has a
documented water quality problem, as determined by the public works director based on a map, plan,
water quality monitoring data or a written policy in existence or implemented by the public works director
prior to submission of a redevelopment application determined to trigger application of this subsection,
where the public works director determines that the redevelopment requires additional specific controls to
address the documented water quality problem.
(2) Timing. All improvements required by this section shall be constructed or installed concurrent
with the redevelopment triggering application of this section, unless an applicant for redevelopment opts
to pursue incremental construction of required improvements. In that event, the applicant shall develop
and submit to the public works director a stormwater management plan detailing all of the improvements
required by this section, and proceed according to the following subsections.
a. Extent of construction of required water quality improvements. Where the public works
director determines that incremental construction is physically feasible, the applicant shall construct that
portion of the required improvements according to the following schedule:
% of Redevelopment % of Water Quality Improvements
o - 24 25
25 - 49 50
>50 100
Where construction of 100 percent of water quality improvements is required under this subsection, the
improvements may be constructed over a period extending no more than five years from the date of
approval of the redevelopment. A person choosing to utilize such extended construction shall provide,
prior to approval of the stormwater management plan, a performance bond and bond agreement that:
1 . Have a term equal to the construction schedule proposed in the plan; and
2. Comply with the applicable requirements of FWCC 22-147 through 22-175, as amended.
b. Incremental construction not feasible. Where the public works director determines that
incremental construction is not physically feasible, 100 percent of the required water quality
improvements must be installed, concurrent with the redevelopment.
c. Calculation of redevelopment value. For purposes of calculating the value of redevelopment in
order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the
proposed redevelopment as a percentage of the assessed or appraised value (whichever is greater) of all
structures on the subject property. If an appraisal is used, it must be prepared by an MAl appraiser
acceptable to the city, and paid for and submitted by the applicant.
d. Subsequent redevelopment. Whenever any person seeks approval for redevelopment on
property for which incremental construction of required water quality improvements was previously
authorized pursuant to this subsection (2), any additional water quality improvements to be required shall
be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater
management plan prepared as part of the first request for authorization of incremental construction. If
water quality requirements have changed since preparation of the initial stonnwater management plan, a
new plan shall be prepared detailing improvements required to comply with any existing and new
requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan.
(3) Location of water quality improvements. A person proposing redevelopment on a property or site
having a Federal Way comprehensive plan designation of CC-F (City Core - Frame) or CC-C (City Core
- Center) may construct water quality facilities required by this section below grade. (Ord. No. 04-468, S
3, 11-16-04)
SECTION 9. Chapter 22, Article IV, Section 22-335, of the Federal Way City Code shall be amended
to read as follows:
22-335 Nonconforming signs.
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(a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial
investment in signs in existence on the date of adoption of this Code, or on the date of annexation if
located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of
a nonconforming sign in its existing state. During this period, it is expected that the sign may be
amortized in its value over this 10-year time period and/or may be amortized for federal income tax
purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the
application of this section.
(b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was
legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if
located in areas annexed to the city thereafter, but which does not comply with the sign regulations of
Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used
in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and
22-1597.
(c) Legal nonconformance.
(1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of
this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city
thereafter which does not conform with the provisions of this Code, is eligible for characterization as a
legal nonconforming sign provided it meets the following requirements:
a. The sign was covered by a sign permit on the date of adoption of this Code, if one was
required under applicable law; or
b. If no sign permit was required under applicable law for the sign, the sign was in all
respects in compliance with applicable law on the date of adoption of this Code.
(2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the
provisions covering loss of legal nonconforming status and other limitations set forth in this section.
(3) Exclusions. Except for billboards, off-site signs, and roof signs, prohibited signs as defined in
FWCC 22-1600 shall not be eligible for characterization as legal nonconforming signs and must be
removed upon notification by the city.
(d) Notice of determination.
(1) Required. After the city conducts a sign inventory, the city shall analyze whether each sign
complies with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this
Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign
conforms to this chapter, it shall be issued a registration sticker. If a sign is determined to be legally
nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to
subsection ( e) of this section. Signs that do not comply with the sign regulations of Article XVIII of this
chapter, Signs, or any other sections of this Code or are not eligible for characterization as legal
nonconforming signs must be removed upon notification by the city.
(2) Necessary information. The information associated with a sign and its sign inventory number
shall consist of the name and address of the sign user, the sign owner, and the owner of the property upon
which the sign is located, information about the sign, such as sign type, area, height, dimensions, location,
a photo of the sign, and such other pertinent information as the director of community dC'lelopment may
require to ensure compliance with the Code, which may include proof of the date of installation of the
SIgn.
(e) Amortization. All legal nonconforming signs shall be discontinued and removed or made
conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or
within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. Upon
the expiration 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
conformance and must therefore be immediately removed upon the expiration of the amortization period.
(f) Extension or exemption from amortization period.
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(1) Applicability. This subsection applies to any sign which is required to be removed pursuant to
subsection (e) of this section following expiration ofthe amortization period.
(2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may
provide relief from the effect of the sign amortization program when its enforcement would fail to
noticeably improve the appearance of the neighborhood and the city and when a hardship would result
from its enforcement.
(3) Who may apply. The property owner or the person displaying the sign which is required to be
removed pursuant to subsection (e) of this section may apply for a sign amortization extension or
exemption.
(4) Decisional criteria. An application for a sign amortization exemption or extension may be
approved or approved with modification if it satisfies all of the following criteria:
a. The sign is compatible with the architectural design of structures on the subject property;
b. The sign substantially complies with the requirements of the sign code for the land use
district in which it is located. For purposes of this subsection, "substantial compliance" means that the
height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that
the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code.
Minor deviations from these percentages may be approved by the administrator ifhe or she concludes that
the resulting sign is harmonious with the character of the primary structures on the subject property and
with the signs and structures on surrounding properties;
c. The enforcement of this Code would result in a substantial hardship to the applicant due to
the size, shape, topography, location or surroundings of the subject property and such hardship was not
created by any action of the applicant;
d. The sign complies with the city's minimum sign distance at intersection requirements
pursuant to FWCC 22-1151 et seq.;
e. If illuminated, the sign is oriented away from residentially developed or zoned property or
is adequately screened so that the source of light is not directly visible;
f. It is consistent with the city's comprehensive plan; and
g. It is consistent with 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 amortization exemption or extension through process I of this Code.
(g) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immediately
removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor,
and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one
or more of the following events occurs:
(I) Structural changes. The applicant is making structural alterations or increasing the gross floor
area of any structure that houses or supports the use with which the legal nonconforming sign is
associated.
(2) Other alterations. The applicant is making any change, alteration or performing work other
than normal maintenance or other than tenant improvements, in any 12-month period, to any structure that
houses or supports the use with which the legal nonconforming sign is associated and the fair market
value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure
as determined by the King County assessor.
(3) Abandonment or business cessation. The subject property containing the sign is abandoned for
90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive
days.
(4) Sign alterations. The applicant is making changes, alterations or performing any work to the
legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's
identification sign in either a center identification sign which separately identifies the tenants or in a
tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation.
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(5) Change in use. There has been a change in use on the subject property as that term is defined
by FWCC 22-1.
(6) Change in tenant. There has been a change in tenant or business on the subject property.
In connection with any multiuse or multi-tenant complex, the foregoing events which require that a
legal nonconforming sign be either removed or brought into conformance with this Code shall apply only
to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the
elimination of the legal nonconformance and not to the other signs located on the subject property,
including any copy change in a center identification or tenant directory sign in order to include such
tenant's name.
(7) Expiration of amortization period. All legal nonconforming signs shall be discontinued and
removed or made conforming within 10 years from the effective date of this Code, on or before February
28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city
thereafter.
(h) Historic signs. Nonconforming on-site historical signs may be retained through process JIV, Article
:vII of this Code, if the sign is determined to be of historic significance by satisfYing all of the following
criteria:
(1) The sign is used in connection with a building which has been designated as a historic
building pursuant to any federal, state or local preservation authority;
(2) The subject sign or signs are substantially unchanged or unaltered since initial installation;
(3) The subject sign or signs are a good example of the prevailing signage during the period in
time it was installed; and
(4) The subject sign or signs have been well maintained and are not materially detrimental to the
public health, safety and welfare.
(i) Government acquisition of property for right-of-way.
(I) A sign that becomes nonconforming 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 as a legal nonconforming sign and shall be allowed subject to the
requirements of subsection (i)(3) of this section.
(2) The city may, using process I, allow the placement of a new sign or relocation of an existing
sign within a required setback if it meets all of the following criteria:
a. The enforcement of this Code would result in substantial hardship to the applicant because
no feasible location exists to place a sign on the subject property other than in a required setback, and
such hardship was created solely by local, state, or federal government acquisition of property for right-
of-way expansion and not by any action of the applicant;
b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required
setback, complies with all other requirements ofFWCC 22- 1596 through 22-1629;
c. The sign complies with the city's minimum sight distance at intersection requirements
pursuant to FWCC 22-1151 et seq.; and
d. Location of the sign with a required setback is otherwise consistent with the public health,
safety, and welfare.
(3) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections
(i)(1) and (2) of this section shall be immediately removed or modified to conform to all the provisions of
this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its
legal nonconforming designation when one or more of the following events occurs:
a. The applicant is making any changes, alterations, or performs any work to the legal
nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing the sign; provided, however, that any copy change in a center
identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign
designation; except that a legal nonconforming sign may be relocated without losing its legal
nonconforming status and eligibility for the 10-year amortization period so long as all of the following
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conditions are met: (i) the sign is under threat of eminent domain and the subject of a consent decree or
settlement agreement executed with a local, state, or federal government; (ii) the consent decree or
settlement agreement was executed and filed with the court or recorded prior to the effective date of
annexation; (iii) the consent decree or settlement agreement does not compensate the owner of the sign
for bringing the sign into conformance with the provisions of this chapter; (iv) the owner of the sign
applies for a permit to relocate the sign within six months of the date the consent decree or settlement
agreement was filed; and (v) the owner makes no changes to the sign that increase the nonconformance of
the sign; or
b. The applicant is making any changes, alterations, or performs work other than normal
maintenance or other than tenant improvements to any structure or improvement that houses or supports
the use with which the nonconforming sign is associated, and the fair market value of those changes,
alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed
value of that structure or improvement, as determined by the King County assessor. The applicant may
provide an appraisal of the structure or improvement. The appraisal must be from a source that is
acceptable to the city. The community development services director may require the applicant to provide
an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or
inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the
larger of the two amounts shall be used. For purposes of determining value under this subsection,
improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336
(street/sidewalk improvements) shall not be counted towards the 75 percent threshold, which would
trigger application of this subsection.
(j) Exemption. The city may elect not to apply any provision of this section if the removal of a sign
would require the city to pay compensation under any federal, state or other law, including Chapter 47.42
RCW. (Ord. No. 90-43, S 2(165.35 (5)),2-27-90; Ord. No. 91-113, S 4 (165.35(5)),12-3-91; Ord. No. 92-
135, S 3 (165.35(5)),4-21-92; Ord. No. 92-144,'S 3 (165.35(5)), 6-16-92; Ord. No. 95-235, S 3, 6-6-95;
Ord. No. 97-307, S 3,12-16-97; Ord. No. 99-357, S 4,12-7-99; Ord. No. 01-398, S 1,7-17-01; Ord. No.
04-468, S 3, 11-16-04; Ord. No. 05-486, S 3,4-19-05)
SECTION 10. Chapter 22, Article XIII, Section 22-1071, of the Federal Way City Code is hereby
repealed as follows:
22 1071 Domestie animals.
FWCC 2L21li et seq., regarding animals in residential zones, shall be the regulations for keeping
animals in residential zones permitting home occupations. (Ord. No. 90 13, ~ 2(115.65( 1)),2 27 90)
SECTION 11. Chapter 22, Article XIII, Section 22-1093, of the Federal Way City Code shall be
amended to read as follows:
22-1093 Permitted outright.
A land surface modification is permitted only if it:
(1) Has been approved as part of a valid development permit (except grading permits issued
under chapter 70 of the city's building code), subdivision, or substantial development permit;
(2) Is for cemetery graves;
(3) Is in a right-of-way and authorized in writing by the director of the department of public
works;
(4) Is for mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate
or clay where a permit has been issued by the state department of natural resources;
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(5) Is for exploratory excavations under the direction of a professional engineer licensed in the
state; provided, that the extent of the land surface modification does not exceed the minimum necessary to
obtain the desired information;
(6) Is for normal maintenance and repair of the facilities of a common carrier by rail in interstate
commerce within its existing right-of-way;
(7) Is for excavations for utility service connections to serve existing and/or new structures and is
outside any area that is within the jurisdiction of FWCC 22-1221 et seq.;
(8) Is for actions which must be undertaken immediately, or within a time too short to allow for
compliance with the permit requirements of FWCC 22-1094, to avoid an imminent threat to public health
or safety; to prevent an imminent danger to public or private property; or to prevent an imminent tlu:eat of
serious environmental degradation. This determination will be made by the director of community
development;
(9) Is for the removal of overhanging vegetation and fire hazards or for removal of blackberry
vines or dead, dangerous or diseased trees when authorized by the building official;
(10) Is for placement of fill on land owned or controlled by the city;
(11) Is an integral part of an ongoing agricultural or horticultural use on the subject property;
(12) Is conducted on property which contains a detached dwelling unit and which, because of the
size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or
(13) Complies with all of the following criteria:
a. The subject property contains a permanent building or an active use.
b. The land surface modification will not change the points where the stormwater or
groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of
stormwater or groundwater.
c. The land surface modification is outside any area that is within the jurisdiction of FWCC
22-1221 et seq.
d. In anyone-year period, not more than 100 cubic yards of fill material is deposited on,
excavated and removed from or moved from place to place on the subject property. If the subject property
is larger than one acre, the limit is 100 cubic yards within each acre.
e. No trees defined as significant trees will be removed and no vegetation will be removed if
that vegetation was required to be retained by or through any development permit issued under this
chapter or any prior zoning code.
f. If the subject property is two acres or larger and has 20 percent or more of its area covered
with native vegetation, the land surface modification will not remove more than 20 percent of that native
vegetation. The limitations of this subsection apply to all land surface modification on the subject
property over time.
g. The land surface modification will not result in more than a two-foot increase or one-foot
decrease in the average elevation of the subject property, computed using the elevation of the midpoint of
each property line. (Ord. No. 90-43, S 2 (115.75(3)), 2-27-90; Ord. No. 90-77, S 3 (115.75(3)), 12-11-90;
Ord. No. 04-468, S 3, 11-16-04)
SECTION 12. Chapter 22, Article XIII, Section 22-1176, of the Federal Way City Code (FWRC
19.130.250) shall be amended to read as follows:
22-1176 [FWRC 19.130.250] Parking and storage of commercial vehicles in residential zones
limited.
Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows:
(1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or
passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating
(GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot;
Ordinance No 09-595
Page 10 of 12
(2) 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);
(3) 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;
(4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes
pursuant to a valid development permit;
(5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length
may be parked on any lot ifused for private construction purposes and when it is not visible from a right-
of-way or access easement and not parked in the driveway;
(6) ,^.dditional exceptions as outlined in FWCC 22 I 179 Parking or storage as allowed by FWCC
22-1178 [FWRC 19.130.270].
Except for commercial vehicles used for loading and unloading purposes and commercial
vehicles for construction purposes with a valid development permit, no more than one commercial vehicle
is allowed per lot. (Ord. No. 04-457, S 3,2-3-04)
SECTION 13. Chapter 22, Article XIII, Section 22-1177, of the Federal Way City Code (FWRC
19.130.260) shall be amended to read as follows:
22-1177 [FWRC 19.130.260] Parking and storage 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 F\VCC 22 1179 FWCC 22-
1178 [FWRC 19.130.270]. (Ord. No. 04-457, S 3,2-3-04)
SECTION 14. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 15. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
Ordinance No 09-595
Page 11 of 12
SECTION 16. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 17. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 18. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6 day of January, 2009.
CITY OF FEDERAL WAY
ATTEST:
bMtPJ. lQfQ-~
CITY CLERK, C 0 MCNE , CMC
APPROVED AS TO FORM:
f (jtC U, ~~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED ON: 01-10-2009
EFFECTIVE DATE: 02-09-2009
ORDINANCE NO.: 09-595
11-20-2008
01-06-2009
Ordinance No 09-595
Page 12 of 12