ORD 15-791 - Relating to Adult Family Homes ORDINANCE NO. #15-791
AN ORDINANCE of the City of Federal Way,Washington, relating to
the regulation of Adult Family Homes; amending FWRC 19.105.080
(Amending Ordinance No. 09-605).
WHEREAS,the City recognizes the need to periodically modify Title 19 of the Federal Way
Revised Code("FWRC"),"Zoning and Development Code,"in order to conform to state and federal
law, codify current practices, clarify and update zoning regulations as deemed necessary, and
improve the efficiency of the regulations and the development review process; and
WHEREAS,this ordinance,containing amendments to development regulations and the text
of Title 19 FWRC,has complied with Process VI review,Chapter 19.80 FWRC,pursuant to Chapter
19.35 FWRC; and
WHEREAS, RCW 35.63.220 states that cities may not enact or maintain an ordinance,
development regulation,zoning regulation or official control,policy,or administrative practice that
treats a residential structure occupied by persons with handicaps differently than a similar structure
occupied by a family or other unrelated individuals; and
WHEREAS, "handicaps"are as defined in the Fair Housing Amendments Act of 1988, 42
U.S.C. 3602; and
WHEREAS,portions of FWRC 19.105.080(1),(4),(7),and(8)appear to conflict with RCW
35.63.220; and
WHEREAS,it is in the public interest for the City Council to adopt amendments to FWRC
19.105.080, which regulates adult family homes; and
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WHEREAS, the proposed FWRC text amendments bear a substantial relationship to the
public health,safety,and general welfare because it brings the FWRC into compliance with statutory
requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601-19; and
WHEREAS,the portions of FWRC 19.105.080 that appear to conflict with RCW 35.63.220
have never been enforced by the City and the proposed FWRC text amendment codifies the City's
current practices regarding the regulation of adult family homes; and
WHEREAS, the proposed FWRC text amendments result in no substantive changes
respecting use or modification of the environment and are therefore categorically exempt from
compliance with the State Environmental Protection Act pursuant to FWRC 14.15.020 and WAC
197-11-800(19); and
WHEREAS, the Planning Commission conducted a public hearing on these code
amendments on March 4, 2015, and forwarded a recommendation to the Land Use and
Transportation Committee of the Federal Way City Council; and
WHEREAS,the Land Use and Transportation Committee considered these code amendments
on April 6,2015,and recommended adoption of the text amendments as recommended by staff and
the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FE DERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
Ordinance No. 15-791 Page 2 of 6
(a) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by bringing the City's code regulating adult family homes into
compliance with state law.
(b) These code amendments comply with the Growth Management Act,Chapter 36.70A
RCW.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC
and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1,the Federal Way City Council makes
the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of
the proposed amendments:
(a) The proposed FWRC amendments are consistent with,and substantially implement,
the Federal Way Comprehensive Plan by ensuring that the FWRC complies with state and federal
law.
(b) The proposed FWRC amendment bears a substantial relationship to the public health,
safety, and welfare because it because it brings the FWRC into compliance with statutory
requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601-19.
Ordinance No. 15-791 Page 3 of 6
(c) The proposed amendment is in the best interest of the public and the residents of the
City of Federal Way because it removes apparent conflicts with RCW 35.63.220.
Section 3. FWRC 19.105.080 is hereby amended to read as follows:
19.105.080 Adult family homes.
Adult family homes are residential uses that are permitted in any zoning district where residential
uses are permitted; provided, that they meet all of the following criteria:
{1) The use must be operated as part of a principal residential-use.
L11{2) The use must be licensed by the state, if required.
(2){ )All city licensing, zoning, building, housing, and fire regulations applicable to the underlying
type of housing in which the use exists (i.e., single family residence, multifamily residence, etc.)
must be met.
3j{i1) Lot size, building size, setbacks, and lot coverage must conform to those applicable to the
zoning district of the subject property except if the structure is legally nonconforming. If the lot or
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(4){5) No more than two persons who are not residents of the dwelling unit may be employed or
work in the adult family home at any one time.
(5)(6)One off-street parking space must be provided for each nonresident employee or worker in
addition to the spaces required by the zoning district for the residential use.
{8) Only those interior alterations customary to residcntial use shall be made.
Section 4. 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
Ordinance No. 15-791 Page 4 of 6
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 any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
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 take effect and be in force five(5)days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 5th day of May, 2015.
CITY OF FEDERAL WAY
dOP
,AY•R, JIM FERRELL
ATTEST:
/I. . .�Iu./illi
CITE E , STEPHANIE COI ' EY, CMC
APPROVED AS TO FORM:
Ordinance No. 15-791 Page 5 of 6
`4"4 "
CITY A RNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 04/17/2015
PASSED BY THE CITY COUNCIL: 05/05/2015
PUBLISHED: 05/08/2015
EFFECTIVE DATE: 05/14/2015
ORDINANCE NO.: 15-791
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