ORD 09-607
CITY OF FEDERAL WAY
ORDINANCE NO. 09-607
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASIDNGTON, RELATING TO ALLOWING TEMPORARY OCCUPANCY OF A
RECREATIONAL VEIDCLE AT A RESIDENTIAL PROPERTY WHERE THE
PRIMARY DWELLING UNIT HAS BEEN DAMAGED BY A DISASTER OR
ACCIDENT AND DEEMED UNSAFE TO OCCUPY; AMENDING FEDERAL WAY
CITY CODE (FWCC) CHAPTER 22 "ZONING," ARTICLE I "IN GENERAL"
SECTION 22-1; ARTICLE XIII "SUPPLEMENTARY DISTRICT REGULATIONS"
SECTIONS 22-1112, 22-1135, 22-1177, AND 22-1180.
WHEREAS, the City recognizes the need for temporary housing following a disaster or accident; and
WHEREAS, Federal Way City Code (FWCC) Chapter 22 "Zoning," currently permits sleeping in a
recreational vehicle in a residential zone for no more than 14 days in a 180-day period; and
WHEREAS, the adoption of code amendments to allow temporary occupancy of a recreational vehicle
at a residential property where the primary dwelling unit has been damaged and deemed unsafe to occupy
by reason of disaster or accident such as fire, wind, earthquake, or other similar will respond to the needs
ofthe citizens of the city and meets the intent of Chapter 36.70A RCW, Growth Management; and
WHEREAS, the City of Federal Way finds that the proposed code amendments allowing the Director
to grant such permission are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City Council finds that the proposed code amendments are consistent with the intent
and purpose of FWCC Chapter 22, "Zoning," to provide for and promote the health, safety, and welfare
of the general public; and
WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance (DNS)
on the proposed code amendments on January 31, 2009, and no comments or appeals were received and
the DNS was finalized on March 2, 2009; and
WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized by FWCC
Section 22-216 pursuant to Process VI review; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
Committee, and full City Council has received, discussed, and considered the testimony, written
comments, and material from the public as follows:
1. The Planning Commission conducted a duly noticed public hearing on these code amendments on
February 18, 2009, and forwarded a recommendation of approval to the Land Userrransportation
Committee; and
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2. The Land Use/Transportation Committee of the Federal Way City Council considered the
Planning Commission recommendation on March 2, 2009, following which it forwarded the Planning
Commission's recommendation to the City Council with a revision to require the applicant to also
document that they are making good faith efforts to complete construction; and
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed code amendments.
A. The amendments will address current code deficiencies and serve the public interest by
establishing provisions for temporary housing following a disaster or accident.
B. The standard~ for temporary occupancy of a recreational vehicle will ensure compatibility with
the surrounding neighborhood.
C. These code amendments comply with Chapter 36.70A RCW, Growth Management.
D. These code amendments are consistent with the intent and purpose of FWCC Chapter 22
"Zoning," and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
E. After full and careful consideration, the City Council of the City of Federal Way finds that the
proposed code amendments will protect and will not adversely affect the public health, safety, or
welfare.
F. These code amendments are in the best interests of the residents ofthe City of Federal Way.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUPI Use residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
LUPII Support the continuation of a strong residential community.
LUG3.1 Provide wide range of housing densities and types in the single-family
designated areas.
LUG4 Provide a wide range of housing types and densities commensurate with
the community's needs and preferences.
Ordinance No. 09-607 Page 2017
HP4 Maintain a strong code enforcement program to protect residential areas
from illegal land use activities.
2. The proposed FWCC text amendments bear substantial relationship to the public health, safety,
and welfare because it provides for temporary housing following a disaster or accident.
And
3. Approval of the proposed code amendments benefits the City as a whole as it provides the
opportunity for temporary housing following a hardship such as a natural disaster or accidental
fire and the standards for location and duration of the allowed temporary recreational vehicle
dwelling ensures compatibility with the surrounding neighborhood.
Section 3. Amendment. FWCC Chapter 22 "Zoning," Article I "In General" Section 22-1; and Article
XIII, "Supplementary District Regulation" Sections 22-1112, 22-113 5, 22-1177, and 22-1180 are
amended as set forth in the attached Exhibit A-I.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the 7th day of April, 2009.
ATTEST:
Ordinance No. 09-607
Page 3017
APPROVED AS TO FORM:
~~~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERIC 3-10-2009
PASSED BY THE CITY COUNCIL: 04-07-2009
PUBLISHED: 04-11-2009
EFFECTIVE DATE: 4-16-2009
ORDINANCE NO: 09-607
Ordinance No. 09-607
Page 4 017
EXHIBIT A-I
Federal Way City Code (FWCC)
Chapter 22 "Zoning"
Article I "In General"
Add New Definition from RCW 46.70.011
22-1 Definitions
"Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is
primarilv designed and used as temporary living quarters, is either self-propelled or mounted on or drawn
by another vehicle, is transient. is not occupied as a primary residence, and is not immobilized or
permanentlv affixed to a mobile home lot.
Article XIII "Supplementary District Regulations"
Division 8. Outdoor Activities and Storage
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.
All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either
detached or attached dwellings shall be in a garage, carport or on an approved impervious surface, except
for recreational vehicles to be used as a temporary dwelling on a single-family residential lot where the
primary dwelling unit is unsafe to occupy bv reason of disaster or accident such as fire, wind, earthquake,
or other similar circumstance. Nonmotorized vehicles may include but are not limited to travel and camp
trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport or
impervious surface used for motor vehicle or nonmotorized vehicle parking or storage shall have direct
driveway access. This section does not apply to residential lots containing a detached dwelling unit where
the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable
motor vehicles must be stored in a completely enclosed building regardless of the size or zoning
designation of the lot. (Ord. No. 90-43, S 2(115.105(2)), 2-27-90; Ord. No. 99-341, S 3, 5-4-99)
Division 9. Yard Requirements
22-1135 Driveways and parking areas.
Vehicles may not be parked in required yards except as follows:
(I) Detached dwelling units. The regulations of this section apply to driveways and parking areas for
detached dwelling units.
a. Generally. Vehicles may not be parked in a required side vard, but mav be parked in the
required front and rear yards only if parked on a driveway and/or parking pad, except as speeified in
subsection (l)(b) of this seetion. A driveway and/or parking pad, in a required front yard, may not exceed
20 feet in width except as specified in subsection (1)(b) of this section and may not be closer than five
Ordinance No. 09-607
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feet to any side property line. Recreational vehicles to be used as a temporary dwelling on a residential lot
where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind,
earthquake, or other similar circumstance are not required to be parked on a driveway and/or parking pad.
b. Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width
if:
1. It serves a three-car garage;
2. The subject property is at least 60 feet in width; and
3. The garage is located no more than 40 feet from the front property line.
In addition, a driveway may flare at the front property line to a maximum width of 30 feet.
(2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply
to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones.
a. Parking areas may not be located in required yards.
b. Driveways must be set back at least five feet from each property line, except the portion of any
driveway which crosses a required yard to connect with an adjacent street.
(3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1)(a)
and (2) of this section may be located within required setback yards.
(4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the
required yard between those uses.
(5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas
and driveways for these uses may utilize shared parking and park in required yards as specified in FWCC
22-664, Zero lot line townhouse and townhouse (attached) dwelling units; FWCC 22-665, Small lot
detached dwelling units; and FWCC 22-632, Zero lot line townhouse and townhouse (attached) dwelling
units. (Drd. No. 90-43, S 2(115.115(5)), 2-27-90; Drd. No. 07-554, S 5(Exh. A(9)), 5-15-07)
Division 11. Commercial Vehicles, Recreational Vehicles, and Boats
22-1176 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:
(I) 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;
(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 ofloading 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 if used 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) Parking or storage as allowed by 22-1178.
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. (Drd. No. 04-457, S 3, 2-3-04)
22-1177 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 FWCC 22-1178 or 22-1 180(a).
(Ord. No. 04-457, S 3, 2-3-04)
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Page 60f7
22-1178 Exceptions.
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:
(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 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, S 2(115.145(2)), 2-27-90;
Drd. No. 00-375, S 25,2000; Ord. No. 04-457, S 3,2-3-04. Formerly 22-1177.)
22-1179 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. (Drd. No. 90-43, S 2( 115 .145(2)), 2-27-90;
Drd. No. 04-457, S 3,2-3-04. Formerly 22-1178.)
22-1180 Limitation on use.
It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle,
recreational vehicle, or boat parked in a residential zone for more than 14 days in any 180-day period,
except as allowed by FWCC 22-1180(a).
(a) Based on a written request, the director may permit a recreational vehicle of any size to be used as
a temporary dwelling on a single-family residential lot where the primary dwelling unit is unsafe to
OCCUPy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance,
-provided:
(1) The recreational vehicle mav be occupied for a maximum of 12 months from the date the
primary dwelling was damaged. One 12-month extension may be granted by the director based on
demonstration of continuing hardship and documented !!ood faith efforts to comDlete construction.
(2) Occu-pancy of the recreational vehicle shall cease within 30 days of issuance of a certificate of
occupancy for reconstruction of the primary dwelling unit at the property.
(3) The recreational vehicle may be located within the required front yard setback but may not
obstruct sight distance at driveways and intersections. The recreational vehicle may not be in required
side or rear vards setbacks.
(4) Generators shall not be utilized.
(5) The director's approval is revocable if the requirements of this section are not met.
(b) The director shall provide a copy of the approval letter to the applicant, property owner (if
different from the applicant), and all adioining property owners. (Ord. No. 90-43, S 2(115.145(3)), 2-27-90;
Drd. No. 04-457, S 3,2-3-04. Formerly 22-1179.)
22-1181- 22-1195 Reserved.
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