The URL can be used to link to this page

Planning Commission PKT 09-02-2015September 2, 2015 7:00 p.m. City of Federal Way PLANNING COMMISSION City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES July 15, 2015 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • King County Countywide Planning Policies • PUBLIC HEARING Proposed Amendments Related to the Federal Way Revised Code (FWRC) Nonconformance Chapter, 19.30 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners Tom Medhurst, Chair Lawson Bronson, vice -Chair Hope Elder Wayne Carlson Tim O Neil Sarady Long Diana Noble- Gulliford Anthony Murrietta, Alternate KAPlanning Co— issioA20MAgenda 09-02-15 dm City Staff Isaac Conlen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253 -835 -2601 x,wiv cif rrfederolhvay.com CITY OF FEDERAL WAY PLANNING COMMISSION July 15, 2015 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Lawson Bronson, Hope Elder, Wayne Carlson, Tim O'Neil, and Anthony Murrietta. Commissioner absent: Tom Medhurst, Diana Noble - Gulliford, and Sarady Long (all excused). City Staff present: Community Development Director Michael Morales, Planning Manager Isaac Conlen, Associate Planner Leila Wiloughby- Oakes, Assistant City Attorney Mark Orthmann, and Administrative Assistant E. Tina Piety. CALL TO ORDER Vice -Chair Bronson called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of May 20, 2015, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen stated there will not be a Planning Commission meeting the first week of August (August 5, 2015). Staff plans to have the public hearing ready for the proposed amendments related to the Federal Way Revised Code (FWRC) Nonconformance Chapter, 19.30 the second meeting of August (August 19, 2015), but it may not be until the first meeting in September (September 2, 2015). Manufactured Home Park Stakeholder Group Update — Director Morales delivered the update. The first meeting was held June 18. Staff has attempted to have a balance among participates (renters, owners, different parks). It was a successful meeting with respectful discussion. There are issues that will not be agreed upon, but there is some common ground. It was agreed staff will research and prepare proposals. Discussed creating voluntary zoning in the city code where a park owner could choose the type of zoning. Discussed the financial implications of how property is assessed regardless of zoning and impacts on property owners. It is not the intent of the city to force a zoning change or meddle in financial affairs. The next meeting is scheduled for August. K .Planing Commission \2015Wee[ing Summary 07- 15- 15.doc Planning Commission Minutes Page 2 July 15, 2015 COMMISSION BUSINESS Study Session — Proposed Amendments Related to the Federal Way Revised Code (FWRC) Chapter 19.30, "Nonconformance" Associate Planner Leila Wiloughby -Oakes delivered the staff presentation. The purpose of the proposed amendments is to have a consistent policy direction, improve regulation clarity /usability, and have proportional conformance. Nonconformance refers to any use, structure, and /or activity that do not conform to any of the provisions of the FWRC. There are legal and nonlegal nonconformances. Legal nonconformances are those that were legal in the past and became nonconforming because of a change in the regulations. Illegal nonconformances are those that have never been legal. The proposed amendments deal with legal nonconformances and specifically the following: Policy 1: Nonconformance Uses Policy 2: Damaged Nonconforming Improvements/Uses Policy 3: Nonconforming Development Policy 4: Legal Nonconforming Lots This evening, staff is seeking the Commissioner's feedback regarding the proposed amendments. Staff will then develop a final staff report that will come back to the Commission for a public hearing. Commissioner O'Neil stated that as realtor, the issue of nonconforming lots is important to him. How many nonconforming lots are in the city? Associate Planner Wiloughby -Oakes replied that she does not know, but will find out. Commissioner O'Neil asked if it would be considered a "taking" if an owner cannot build on a lot because it has been determined to be nonconforming. Assistant City Attorney Orthmann replied that is one of the issues the proposed amendments will deal with. If the owner proposes to do what was on the lot when it was legal, that should be allowed. If the city does not allow what was done before the lot became nonconforming, that could be considered a "taking." Commissioner O'Neil asked how long a lot may be abandoned before the owner can longer do the nonconforming use. Director Morales commented that staff has been discussing this question. They are considering a commercial nonconforming path versus a residential path. Allowing a similar use could be advantageous on the commercial path, but maybe not on the residential path. Associate Planner Wiloughby -Oakes commented that staff is considering a set time (probably 12 months) for this situation; with provisions for the next owner to continue the legal nonconformance. Commissioner Carlson suggested the city continue to stay aggressive when dealing with nonconforming signs. He likes the proposed proportionality for structures; include a lower percentage for some. He suggests requiring a public hearing for more extensive changes. He encourages the city to be less strict on nonconforming uses and stricter on nonconforming structures; uses come and go often, but structures remain much longer. He commented that the city needs a baseline for structures so owners are not applying every year for a 25% change. Planning Manager Conlen commented that many codes are stricter on uses and less on structures because uses are more obvious and a bigger problem than structures. Commissioner Elder commented that she is concerned with future annexations. The city must take into account how the proposed amendments might affect possible future nonconformances. Alternate Commissioner Murrietta commented that he thinks the idea of commercial and residential paths is a good one. He likes the proposed square footage and agrees with the need for a baseline for structures. He requested definitions for ways a structure may be abandoned (i.e. foreclosure, etc.). KAPIanning Commission\2015\Meeting Summary 05- 20- 15.doc Planning Commission Minutes Page 3 July 15, 2015 Commissioner Bronson thanked the staff for their work. He asked if the nonconformance was tied to the cost of living index or to the assessed value. Associate Planner Wiloughby -Oakes replied the city is asking applicants for the assessed or appraised value. Planning Manager Conlen commented that the city wants to get away from the appraised concept. Commissioner Bronson commented that deconstruction can cost more than the original building. Is staff taking this into consideration? Planning Manager Conlen commented that the current code uses 75% of valuation. For damaged structures, the proposed amendments would allow replacement of what existed before the damage. Commissioner Bronson asked if the owner would have to meet the current building code standards. Planning Manager Conlen replied that this chapter does not address the building code, but any building will need to meet current building code standards for life and safety issues. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 8:15 p.m. K APlanning Commission\2015\Mee[ing Summary 05- 20 -15.dm Date: August 26, 2015 To: Planning Commission From: Isaac Conlen, Planning Manager4t- Michael Morales, Director MEMORANDUM Community Development Department Subject: Ratification of Countywide Planning Policy Amendment I. BACKGROUND The city has received a request from King County to review and ratify an amendment to the Countywide Planning Policies (CPPs) (Exhibit 1). On July 20, 2015, the Metropolitan King County Council adopted Ordinance 18084, which approved and ratified the amendment on behalf of unincorporated King County. Amendments to the CPPs become effective when ratified by at least 30 percent of the city and county governments representing 70 percent of the population of King County. A city is deemed to have ratified the amendments if it either sends a letter in support of the amendments or does nothing. If a city opposes the amendments, it must take legislative action within 90 days of adoption by King County. The 90 -day deadline for responding on this proposed amendment is October 31, 2015. II. SUMMARY OF AMENDMENTS TO THE CPPS Ordinance 18084 adopts and ratifies the following motion, approved by the Growth Management Planning Council (GMPC): Motion 15 -1 (Approved April 22, 2015) PF -19A Plan, through a cooperative process between jurisdictions and school districts, that public school facilities are available, to meet the needs of existing and projected residential development consistent with adopted comprehensive plan policies and growth forecasts Cooperatively work with each school district located within the jurisdiction's boundaries to evaluate the school district's ability to site school facilities necessary to meet the school district's identified student capacity needs. Use school district capacity and enrollment data and the growth forecasts and development data of each jurisdiction located within the school district's service boundaries. By January 2016 and every two years thereafter, determine if there is development capacity and the supporting infrastructure to site the needed school facilities. If not, cooperatively prepare a strategy to address the capacity shortfall. Potential strategies may include: K: \Countywide Planning Policies\2015 CPPW's \School Amendment Page I of 2 • Shared public facilities such as play fields, parking areas and access drives • School acquisition or lease of appropriate public lands • Regulatory changes such as allowing schools to locate in additional zones or revised development standards • School design standards that reduce land requirements (such as multi -story structures or reduced footprint) while still meeting programmatic needs In 2017, and every two years thereafter, King County shall report to the GMPC on whether the goals of this policy are being met. The GMPC shall identify corrective actions as necessary to implement this policy. III. DISCUSSION The amendment requires the city to work collaboratively with Federal Public Schools (FWPS) to plan for adequate capacity for new school facilities. We are in the process of coordinating a meeting to discuss this issue with FWPS. The city's zoning code is inclusive when it comes to school siting — allowed in all zones except the Commercial Enterprise (CE). For that reason, it is unlikely that our zoning provisions act as a barrier to siting of school facilities. The overall policy of working directly with the school district on their facility planning needs makes sense. IV. PLANNING COMMISSION OPTIONS The Planning Commission has the following options: 1. Recommend the City Council do nothing. 2. Recommend the Mayor /City Council write a letter in support of the amendment. 3. Recommend the City Council adopt a resolution opposing the amendment. Options 1 and 2 are deemed to be ratification of the amendment and Option 3 is non - ratification. V. MAYOR RECOMMENDATION The Mayor recommends Option 2; write a letter in support of the amendment. Attachments: CPP Ratification Letter King County Adopting Ordinance K: \Countywide Planning Policies\2015 CPPW's \School Amendment Page 2 of 2 L-9 King County August 2, 2015 The Honorable Jim Ferrell City of Federal Way 33325 8th Ave. South Federal Way, WA 98003 Dear Mayor Ferrell: We are pleased to forward for your consideration and ratification the enclosed amendment to the King County Countywide Planning Policies (CPP). On July 20, 2015, the Metropolitan King County Council approved and ratified the amendment on behalf of unincorporated King County. The ordinance will become effective Sunday, August 2, 2015. Copies of the transmittal letter, King County Council staff report, ordinance and Growth Management Planning Council motion are enclosed to assist you in your review of this amendment. In accordance with the CPP, G -1, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the interlocal agreement. A city will be deemed to have ratified the CPP and amendments unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please note that the 90 -day deadline for these amendments is Saturday, October 31, 2015. If you adopt any legislation concerning this action, please send a copy of the legislation by the close of business, Friday, October 30, 2015, to Anne Noris, Clerk of the Council, Room 1200, King County Courthouse, 516 Third Avenue, Seattle, WA 98104. If you have any questions about the amendments or ratification process, please contact Karen Wolf, Senior Strategy and Performance Analyst, King County Executive's Office, at 206 263 -9649, or Christine Jensen, Metropolitan King County Council Staff, at 206 477 -5702. Thank you for your prompt attention to this matter. Sincerely, Larry Phillips, Chair Metropolitan King County Council Enclosures `7�>Ow o4o' Dow Constantine King County Executive cc: King County City Planning Directors Sound Cities Association Lauren Smith, Director, Regional Planning Karen Wolf, Senior Strategy and Performance Analyst Christine Jensen, Council Staff, Transportation, Environment and Economy Committee (TREE) I 18084 12/17/14 ATTACHMENT A Sponsored By: Executive Committee 2 3 ° ` . GMPC MOTION NO. 15 -1 5 A MOTION amending-the 2012 King..County Countywide 6 Planning Policies; outlining a process:for jurisdictions- working 7 together to identify future school sites with -n the UGA. 9 WHEREAS the Growth Management Planning Council (GMPC) convened the 1.0 School Siting Task Force.in'201.1 to address:the issue of whether public school serving I I primarily urban populations ,should be sited in rural areas and whether such facilities 12 should be served by sewers;: and 13 14 WHEREAS, the Task Force completed. their work on March 31, 2012, issuing a 15 report and final recommendations to the King County Executive; and 16 r 17 WHEREAS, as a result of the work of the Task Force, two new policies were added 18 to the 2012 King County Countywide'Planning Polices:(.CPPs) — PF -18 and PF -19; and 19 20 WHEREAS, the 2013 GMPC woik program included an item to implement the 21 remainder of the Task Force recommendations •.including. The Growth Management 22 Planning Council (GMPQ should identify policies and adopt a work program that 23 commits jurisdictions to working together to, identfy future school sites within the UGA. 24 These policies shall direct jurisdictions to use zoning and other land use tools to. ensure a 25 sufficient supply of land for siting schools and 26 27 WHEREAS, at the May 21, 2014 GMPC meeting, staff proposed a policy to 28 directly respond to the Task Force's direction. GMPC members reviewed the draft policy 29' and identified the need to more fully address the issues of breadth, coordination between 30 jurisdictions' and public school districts, and the workload impacts to the respective .31 jurisdictions and school districts. GMPC members also. wanted to ensure that the proposed 32 policy fully addressed the planning needs of the, jurisdictions /school districts while being 33 serisitive to the impact of siting parameters, and and use regulations. on curriculum needs; 34 and 35 36 WHEREAS, to implement Task _Force recommendation and address issues raised at 37 . the May 21,,2014 GMPC meeting, a new policy, PF -19A is being proposed. 38 18084 39 NOW THEREFORE BE IT RESOLVED that the Growth Management Planning 40 Council of King County hereby recommends that the 2012 King County Countywide 41 Planning Policies be amended to add new policy PF -19A with preceding text, as follows: 42, 43 Public school facilities to meet the needs of ggowing communities are an essential part 44 of the public infrastructure. Coordination between each jurisdiction's land use plan an( 45 regulations and their respective school districts] facility needs are essential for public 46, school capacity needs to be met. The following_poficy applies countywide and requires 47 engagement betweemeach school district and each city that is served by the school 48 district. The policy also applies to' King liulty as a jurisdiction for areas of 49 50 51 52 prepare strategies for resolving the issue. 53 54 55 56. 57 policies and growth forecasts. ,58- C:oaperatively work with each school district located within the jurisdiction's 59 boundaries. to evaluate the school,district's aliilityto site school facilities 60 necessary to meet the school district's identified student capacity needs. Use school:district capacity and enrollment data and the growth forecasts and 62 ' ,: -- develop rent data.of each jurisdiction.loeated within the school district's. 63 service boundaries. By January 2016 and every two years thereafter, determine 64 if there is development capacity and the sMorting inf astructure to site the 65 needed school facilities.If not; cooperatively prepare a strategy to address the 66 capacity shortfall. Potential strategies may include: 67 •. Shared public facilities such as play fields, parking areas and access 68 drives 69 School acquisition or lease appropriate public lands 70 Regulatory changes such as allowing schools to locate in additional 71 zones or revised development standards 72 School design. standards that reduce landrequirements such as multi- 73 story structures or reduced .footprint) while still meeting prog_rammatic 74 needs' 75 Iri 2017, and evM two years thereafter, King Gouri shall report to the GMPC 76 on whether the goals of this.policy are being met. The GIVIPC shall identify 77 corrective actions as necessary to implement this policy.,. 78 79 80 81 j 82 83 Dow Constantine, Chair, Growth Management Planning Council a ' King County . RECEIVED Dow Constantine 20 15 JUN 10 PH 3: 49. King County Executive 401 Fifth Avenue, SUlte soo CLrrK Seattle, WA 98104 -1818 4!riY GOt!!1C((.. 206- 263 -9600 Fax 206- 296 -0194 TTY Relay: 711 JL www.kingcounty.gov June 3, 2015 The Honorable Larry Phillips Chair, King County Council Room 1200 COURTHOUSE Dear Councilmember Phillips: This letter transmits an ordinance that:will enable King County to amend the King County - Countywide Planning Policies (CPPs) to establish a plan for coordination between school districts and the jurisdictions within their boundaries, as recommended by the Growth Management Planning Council (GMPC). This ordinance trans' uts GMPC Motion.154 that was overwhelmingly approved by the GMPC on April 22, 2015. The ordinance adopts and ratifies the GMPC motion on behalf of unincorporated King County. Motion 15 -1 adds a new policy to the CPPs that is a direct response to a recommendation of the School Siting Task Force Report, which is included as an appendix to. the CPPs. The new policy states that public schools are an essential and integral part of public infrastructure that is needed to achieve successful growth management plans by all jurisdictions in King County. Further, this new policy sets up a plan to facilitate collaboration between the jurisdictions, and the school districts, establishes guidelines for assessing school district capacity needs, and identifies strategies for resolving capacity issues should they be identified: This ordinance integrates the goals of the King County Strategic Plan by recognizing the role of land use planning in shaping environmentally sustainable and economically viable future for. all people in King County. The County's role in the GMPC fosters the ethic of working together for "One King County" by actively participating in regional organizations and defining King County's role in regional issues. There are no fiscal impacts to King County government as a result of adoption of this ordinance. King County is an Equal Opportunity /Affirmative Action Employer ®p, and complies with the Americans with Disabilitites Act King County Metropolitan ;King County Council Transportation, Economy and Environment Committee STAFF REPORT Agenda Item: 10 Name:. Christine Jensen Proposed No.: 2015- 0231 Date: July 7, 2015 SUBJECT A proposed ordinance adopting and ratifying Growth Management Planning Council Motion 15 -1, which recommends adding a new Countywide Planning Policy regarding planning for school.-facilities in King County. SUMMARY: . Proposed Ordinance 2015 -0231 would amend the King County Countywide Planning Policies (CPPs) to -state that, public school facilities are essential in meeting the needs of growing communities and. that it is jportant to coordinate on land. use and facility planning. A new CPP.would also, be added, PF -19A, which would require collaborative planning. between school districts and. local - jurisdictions regarding school facility needs.. This process would include consideration of cooperative strategies to address any facility capacity and siting - shortfalls., The, policy would also. require ,,periodic review of whether thegoals of the policy are being met; and calls for corrective actions should they. be necessary. , If adopted, all local jurisdictions., including;: King County, would be required to collaborate on land use and facility planning with the school district(s) within jts boundaries. The County would also be required to report back to—the Growth Management: Planning Council (GMPC) on behalf of the school districts and local jurisdictions.- on the effectiveness of the cooperative process in meeting the policy goals. According_ to Executive staff, this coordinated planning and reporting would be achieved within existing County resources. BACKGROUND The GMPC is a formal body comprised of elected officials from King County, Seattle, Bellevue, other cities and towns ' in King County, and special purpose districts. The GMPC was created in 1992 by interlocal agreement' in response to a provision. in the Washington State Growth Management Act (GMA) requiring cities and counties to work together to adopt CPPs.2 Under the GMA, the CPPs serve as the framework for each Motion 8733 2 RCW 36.70A.210 local jurisdiction's comprehensive plan,. which ensures countywide consistency with respect to land use planning efforts. As provided for in the interlocal agreement,. the GMPC developed and recommended the original CPPs, which were adopted by the King County`Council3 and ratified by the cities in 9992. 'Subsequent amendments to the CPPs follow, the sarne adoption process, which is now outlined in CPP G -14 and includes: recommendation by the GMPC, adoption by the King County Council, and ratification by the cities. Amendments to the CPPs become effective when ratified .by ordinance or resolution by at least 30 percent .of the city and, county, governments representing at least, 70,percent of the population of King County. A city shall be deemed to have ratified an amendment to the CPPs unless the city disapproves it by legislative action within' 90 days of adoption by King County. ANALYSIS GMPC Motion 15 -1 Proposed Ordinance 2015 -0231 would adopt and ratify' GMPC Motion 15 -1, which recommends adding a new CPP regarding planning for school facilities in King County. If adopted, the CPPs would be amended to state that public school facilities are essential in meeting ' the needs of growing communities and that it is important to coordinate on land use and facility planning:. A new policy would also be added, PF- 19& which- Wouldl require collaborative planning betwee -n school districts and local jurisdictions regarding school facility need`s. This `process would include consideration of cooperative strategies5 to address "any facility capacity and siting shortfalls. The policy would also requifb'periodic review of whether the- goals`of the policy are being met, and calls for corrective actions should they be necessary: PF -19A is intended` to facilitate implemOntation of schools"siting CPPs "that were adopted in 2012,6 which were created as a result- of recommendations from the GMPC's School Siting Task Force.' These 2012 policies, PF -18 and PF -19, prohibit schools serving primarily urban populations from being located in the rural area and generally require schools serving rural populations t& be locate,d'in neighboring `CitieS' and rura[townS.8 The coordination called'for in PF -19A was also `a recommendation from the'Task Force; and its proposed language was' drafted in collaboration'.with representatives from the school districts, cities, 'and county. s Ordinance 10450 4 2012 King County, Countywide Planning Policies, as amended: s Including: shared public facilities, school acquisition /lease of public lands, regulatory or development standard changes, design changes. s Ordinance' 17486 Created by the GMPC in 2011 to address the issue of whether public schools serving primarily urban populations should be sited in,rural areas and whether such facilities should be served by sewers. Except for: community facilities and services dependent upon rural location and if their size and scale support rural character; and sites listed in 2012 School Siting Task Force Report: http: / /www.kingcounty.gov / —/ media / exec /constantine/ documents/ 2012/ SchoolSitingTaskForce /FinaiDocu ments /FinalReportAndRecommendations If adopted, PF -19A would apply to the cities and school districts in King County, as well as the County itself as a local jurisdiction. As a result, the County would be required to coordinate land use and facility planning with the school districts that have populations within unincorporated areas of King County. Additionally, starting in 2017 and every two years thereafter, the County would be required to report back to the GMPC on behalf of the school districts and local jurisdictions on the effectiveness of the cooperative process in meeting the policy goals. Executive staff have noted that this increased workload for County staff would be able to be achieved within existing resources, which is reflected in the fiscal note attached to the legislation. GMPC action On April 22, 2015, the GMPC adopted Motion 15 -1, which is a non- binding recommendation to the County Council to, adopt PF -19A. Consistent with CPP adoption requirements, Proposed Ordinance 2015 -0231 forwards this GMPC recommendation to the County Council for consideration and possible approval. If adopted by the Council, the ordinance would ratify the change on behalf of the population of unincorporated King County, and would begin the ratification process by the cities. There is no deadline for Council action 'on the proposed CPP amendment; however, both the school districts and the local jurisdictions are eager to begin implementation of the proposed policy given the time that has passed since adoption of the school siting policies in 2012. _ ATTACHMENTS 1. Proposed Ordinance 201.5 -0231 2. Transmittal Letter 3. Fiscal Note 4. GMPC Staff Report dated.April 22, 2015 INVITED 1. Karen Wolf, Senior Policy Analyst, Office of Performance, Strategy and Budget STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code (FWRC) Pertaining to Nonconforming Uses, Developments, and Lots, Chapter 19.30 et seq. File No. 15-100439-00-UP Public Hearing of September 2, 2015 I. INTRODUCTION The purpose of this code amendment is to establish a consistent and intentional policy direction on how the city would like to deal with nonconforming uses, developments, and lots. In addition, the purpose is to correct a number of problems with language in the chapter. Certain provisions are unclear, while others appear disproportionate to the impact being addressed or the work proposed. This is a high priority, but discretionary item on the Planning Commission Work Program. The report includes a discussion on nonconformance in general, and provides analysis and recommendations on proposed amendments. II. BACKGROUND What is a Nonconformance? Under Federal Way Revised Code (FWRC) Chapter 19.05, nonconformance means any use, development, structure, improvement, lot, condition, activity, or any other feature or element of private or public property, or the use or utilization of private or public property, that does not conform to any of the current provisions of this title. Legal vs. Megal Nonconformance There is an important distinction between "legal" and "illegal" nonconformances. A use, development, or lot that complied with the zoning regulations at the time the use, development, or lot was created or established, but does not conform with current zoning regulations is a "legal nonconformance." For example, following annexation, lots that do not meet the current minimum lot size may be annexed into the city. These lots are legal nonconforming lots. Illegal nonconformances are those nonconformances that were not legal when they were created or established. This report generally focuses on legal nonconformances. Illegal nonconformances are abated through the code enforcement process to reach compliance. Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #15- 100439 -00 -UP / Doc. I.D. 70592 Planning Commission Public Hearing Staff Report Page 1 of 8 Specific Types of Nonconformance Generally, there are three types of nonconformance: • "Nonconforming Lot" means any lot which does not conform to the current minimum standards of the zoning district in which it is located. • "Nonconforming Development" means any buildings, structures, or improvements, which do not conform to the current zoning regulations of the zoning district in which it is located (excepting the use regulations of the zone —see "nonconforming use "). • "Nonconforming Use " means any existing use which is currently not permitted in the zoning district in which it is located. The Purpose of Nonconforming Provisions Nonconforming provisions aim to correct an existing nonconformance, either incrementally over time or immediately. This is achieved by establishing specific thresholds, generally tied to proposed improvements on the property, which trigger the owner to correct the existing nonconformance. For example, the current FWRC Title 19, " Zoning and Development Code," requires a site to come into conformance when adding new square footage to an existing building. III. PROPOSED CODE AMENDMENTS AND ANALYSIS This section provides a summary of the proposed code amendments. The proposed zoning code text is attached as Exhibits A -C. The Mayor proposes the following significant amendments to the chapter: 1. New and Clarified Definitions The following new definitions are proposed: • Illegal Nonconformance • Legal Nonconformance • Nonconforming Development • Nonconforming Lot • Nonconforming Use The following definitions are amended • Abandonment • Nonconformance • Redevelopment or Redevelopment Project Analysis The new definitions are necessary to administer the code. The revised definitions improve clarity and usability. 2. Nonconforming Uses (Exhibit A, pg. 3) The proposed language would eliminate two of the current triggers for bringing a nonconforming use into compliance (by removing it or replacing it with a conforming use). Those triggers occur when: a) work that exceeds 15% of the valuation of the existing structure Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #15- 100439 -00 -UP / Doc. I.D. 70592 Planning Commission Public Hearing Staff Report Page 2 of 8 is undertaken; or b) any structural alteration is made to the site. A new trigger would require conformance when new square footage is proposed to be added to the subject property. An existing trigger, which requires conformance upon abandonment of the use, is retained. Analysis Valuation triggers are difficult to enforce and accurately measure. It puts staff in the awkward position of trying to determine if an appraisal of the existing structure is legitimate and if the estimate of the cost of the improvements /work is accurate. We recommend getting away from that type of trigger. It is also debatable what is meant by "structural alteration." The new trigger of adding additional square footage is clear and easy to administer. It applies if square footage is added to the existing structure, or as a new and separate structure is added to the site. The resulting code language is cleaner and easier for property owners and business people to understand and for city staff to enforce. 3. Nonconforming Development (Exhibit A, pg. 4 & 5) The trigger for bringing a legal nonconforming development into conformance is proposed to be modified by: a) Establishing a threshold of 2,500 square feet of new floor area, or 25% of the existing square footage on the subject property, whichever is less; b) Establishing a higher trigger of 4,900 square feet, or 10% of the existing square footage on the subject property, whichever is greater, for buildings larger than 50,000 square feet; c) Establishing a consecutive 36 -month time period during which these thresholds apply; d) Eliminating the distinction between square footage added to an existing building and square footage added as a new and separate structure; e) Eliminating the concept of "geographic conformance," which calls for only the part of the property in close proximity to the proposed improvements to come into conformance; f) Eliminating the 50% valuation trigger; and g) Re- locating the trigger related to cessation of use. The abandonment trigger is retained. Analysis The proposed changes result in a much cleaner and easier to administer set of provisions. The square footage triggers are designed to be proportionate, with a higher trigger for larger buildings. The 36 -month time - period prevents applicants from "gaming" the system by doing a series of small additions each year. The current code calls for the entire site to come into conformance when square footage is added to an existing building, but only a portion of the site is required to come into conformance when square footage is added as a new structure. This does not make sense and is often counter - intuitive with regard to proportionality. The notion of "geographic conformance" is very difficult to administer consistently from site to site and is proposed to be eliminated. The valuation trigger is eliminated for the reasons stated above (see #2). The cessation of use trigger should actually be applied to all improvements (not just those that are nonconforming) and so is proposed to be re- located to the general zoning standards (further discussion in #7, below). 4. Nonconforming Lots (Exhibit A, pg. 4 and Exhibit C, pg. 1) Language is proposed to be added to the chapter to address nonconforming lots, which are not addressed in the current code. The language is mainly a cross - reference to FWRC 19.105.010, which addresses buildable lots. This section is proposed to be modified to Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #15- 100439 -00 -UP / Doc. I.D. 70592 Planning Commission Public Hearing Staff Report Page 3 of 8 establish that nonconforming lots that have ever been approved with a legal building, or which were legally created, may be improved even if they do not meet the minimum lot size in the zone in which they are located. The language states; however, that if the owner of a nonconforming lot also owns a contiguous lot(s), the lots must be combined into one lot for development purposes if either lot is less than 50% of the minimum lot size required in the zoning district. Analysis A cross - reference was needed in the nonconforming chapter to link users to the "buildable lots" provisions. The proposed language recognizes the property rights of owners of nonconforming lots. Language clarifies the current policy that an owner of a legal nonconforming lot may develop that lot regardless of size, provided they do not also own a contiguous lot(s). The proposed language introduces a new policy —that even if an owner owns one or more contiguous lots, those lots may be developed individually provided they are at least 50% of the minimum lot size required in the zone. The issue here is that an owner of multiple contiguous lots has the ability to correct the nonconformance of their lots by combining them. We are proposing; however, that such an owner should not be required to combine their lots if they are at least 50% of the required minimum lot size. This differs from current policy, which requires an owner to combine their lots if one of them is even one square foot short of the minimum lot size. Note that applicants would still need to meet all other development regulations of the zone, such as setbacks, maximum lot coverage, maximum height requirements, etc. Also note, nonconforming lots are a small percentage of total lots and thus the allowance of building rights for these lots would not tend to have detrimental impacts on a neighborhood. 5. Damaged and Destroyed Nonconforming Uses/Developments (Exhibit A, pg. 5) Current code includes two sections dealing with this topic. The proposal is to eliminate the provisions, which are specific to residential use and density, and modify the provision related more broadly to nonconforming uses and developments. The resulting code section states that nonconforming uses and developments may be replaced like- for -like if damaged or destroyed. A provision requiring the replacement valuation be less than 75% of the valuation of the existing improvements is eliminated. Analysis Current code contains two sections with differing standards addressing this topic. One section allows replacement of damaged/destroyed residential improvements if they are nonconforming with regard to use or density only. This provision seems incomplete in that it addresses use and density, but does not address nonconforming developments (things like nonconformance to setbacks, height, parking improvements, etc.). The provision also contains several valuation triggers, which would severely limit its applicability. For these reasons this provision is proposed to be deleted. A second provision in current code addresses damaged nonconforming uses and developments more broadly. This provision also contains a valuation threshold, which is triggered when the value of the replacement improvements exceed 75% of the value of the existing improvements. In addition to the earlier identified problems with using a valuation style Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #15- 100439 -00 -UP / Doc. I.D. 70592 Planning Commission Public Hearing Staff Report Page 4 of 8 trigger, this provision would severely limit the opportunity to replace such improvements. For example, let's look at a case where a building is completely destroyed by fire. First, even if the valuation trigger was 100% of the value of existing improvements, it is unlikely the building could be replaced. Deferred maintenance and inflation would almost always cause the new improvements to significantly exceed the value of the previously existing improvements. In that the new improvements may not exceed 75% of the existing value, it makes it that much more unlikely to allow replacement (also it would be even more challenging to establish the valuation of an improvement that has been destroyed and thus cannot be appraised). The effect of the current language is that nonconforming improvements that are destroyed or damaged to any significant extent would not be allowed to be replaced as -is. The proposed language, which as noted above, would allow destroyed or damaged nonconforming developments and uses to be replaced on a like- for -like basis, is based on the premise that if an owner suffers some sort of catastrophic disaster through no fault of their own, they should at least be able to replace their lost improvement. 6. Conformance Required by Government Action (Exhibit A, pg. 12 & 13) The valuation trigger for conformance is eliminated. Additionally, the language has been clarified to make it clear that when governmental action, typically right -of -way acquisition, has caused a site to become nonconforming, or requires a site to be re- configured, the nonconformities are not required to be corrected. Analysis The intent of these edits is to allow, without condition, properties that are made nonconforming due to government action to be made whole. First and foremost it is a fairness issue. Secondly, it benefits the city financially in that if properties are made to conform to current code in these circumstances, there would be a significant cost to do so, which the city would be responsible to cover. In some cases, it could even result in a complete taking of the property, in which case the city may be required to purchase the property. 7. Re- Organization The provisions dealing with nonconforming signs are proposed to be relocated to the sign code. The provisions addressing repair to sites that have ceased operation (been vacant) for 12 months or more have been moved to FWRC 19.105.100, "General Development Regulations." Analysis It makes more sense to locate all provisions dealing with signs in the same part of the code. The current code contains a provision, which requires that when a nonconforming development has ceased operation, or been vacant for more than 12- months, any dilapidated site improvements must be repaired to a condition similar to that which existed when originally installed. Examples would be replacement of dead landscaping material, repair of broken curb stops, re- painting of parking stalls, etc. The provision makes sense, but why is it limited to nonconforming developments? Proposed language would establish that these repairs be completed, regardless of nonconformance status, any time a site has been vacant for more than 12- months. The language also clarifies that the trigger for this provision is review of a building permit, land use permit, or subdivision application. Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #1 5-100439-00-UP / Doc. I.D. 70592 Planning Commission Public Hearing Staff Report Page 5 of 8 8. Miscellaneous Edits There are numerous minor/housekeeping type edits intended to improve the clarity and usability of the code. IV. PROCEDURAL SUMMARY 7/15/15: Planning Commission Study Session Held 8/14/15: Public Notice of 09/02/15 Planning Commission public hearing published and posted 8/21/15: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 9/4/15: End of SEPA Comment Period 9/25/15: End of SEPA Appeal Period V. PUBLIC COMMENTS No comments were received as of the date of this report. VI. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: To review and evaluate the proposed zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meet the criteria established in FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VII. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The Federal Way Comprehensive Plan (FWCP) calls for regulation of the built environment to maintain neighborhood compatibility and quality. The FWCP also encourages re- development and investment by the business community. The proposed edits balance these sometimes competing ideas by requiring compliance with current code requirements when Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #15- 100439 -00 -UP / Doc. I.D. 70592 Planning Commission Public Hearing Staff Report Page 6 of 8 significant re- development occurs, but not setting the bar so low it discourages business activity and investment. The proposed edits are consistent with the following example goals and policies: LUG1 Create an attractive, welcoming and functional built environment. LUP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP14 Protect residential areas from impacts of adjacent non - residential uses. LUP29 Ensure compatibility between non - residential developments and residential zones by regulating height, scale, setbacks, and buffers. EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. EDP8 Promote the redevelopment of existing underdeveloped areas as a means to sustain the economy and provide jobs. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the text amendments will serve to implement a fair and balanced approach to bringing nonconforming sites into compliance with current regulations. The regulations will have the effect of prohibiting increases in nonconformance and requiring correction of nonconformance as significant redevelopment occurs, while allowing and encouraging re- investment in nonconforming properties to maintain their quality and business competitiveness. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because they will result in the gradual correction of nonconforming properties, while not unduly hindering re- investment and improvement of nonconforming properties. VIII. MAYOR'S RECOMMENDATION Based on the above staff analysis and decisional criteria, the Mayor recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," be recommended by the Planning Commission for approval to the Land Use /Transportation Committee (LUTC) and City Council. 1. Modifications to FWRC 19.05.010, 19.05.090, 19.05.120, 19.05.140, 19.05.180, 19.105, 19.30, and 19.140 as identified in Exhibits A -D, attached to this staff report. Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #15- 100439 -00 -UP / Doe. I.D. 70592 Planning Commission Public Hearing Staff Report Page 7 of 8 IX. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed development code text amendments: 1. Recommend to the City Council adoption of the FWRC text amendments as presented; 2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. EXHIBITS Exhibit A — Exhibit B — Exhibit C — Exhibit D — FWRC Chapter 19.30, "Nonconformance" FWRC Chapter 19.05, "Definitions" FWRC Chapter 19.105, "General Development Regulations" FWRC Chapter 19.140, "Signs" Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #15- 100439 -00 -UP / Doc. I.D. 70592 Planning Commission Public Hearing Staff Report Page 8 of 8 EXHIBIT A Federal Way Revised Code Title 19, Zoning and Development Code Chapter 19.30,Nonconformance1 Sections: 19.30.010 Purpose and intent. 19.30.020 Administration. 19.30.030 Abatement of nonconformance that was illegal when initiated. . 19.30.040 Immediate compliance with certain provisions required. . 19.30.050 Certain nonconformances specifically regulated. Abatement of that %es illegal w-h initiated. 19.30.060 Regulation of legal nonconforming uses not identified in particular zoning districts. Mediate 49 0.070 Certain noneonfermanees ated Generally. 19.30.0780 Nonconforming use. 19.30.080 Nonconforming lots buildable lots). 19.30.090 Nonconforming development. 19.30.095 Nonconforming signs. 19.30.100 . Special provisions for damaged improvements. 19.30.110 When public improvements must be installed. 19.30.120 Nonconforming water quality improvements. 19.30.1340 Nonconforming accessory dwelling units. 19.30.1430 Nonconforming adult entertainment, activity, retail, or use. 19.30.1503 Nonconforming outdoor storage containers. 19.30.160 Special provisions for compliance with government regulations. 19.30.170 Special provisions for critical aquifer recharge areas. 19.30.180 Prohibition on increasing nonconformance. 19.30.190 Applicability of building codes. 19.30.204-0 Appeals. 19.30.010 Purpose and intent. The purpose of this chapter is to allow for the continuance and maintenance of legally established nonconforming uses, developments, and lots and to provide standards defining hneating the circumstances in which nonconforming uses, developments, and lots shrug ams must be brought into conformance with the standards and provisions prescribed within this title. In particular, the intent of this chapter is to: (1) Ensure a reasonable opportunity for the use and development of legally created nonconforming lots-NhiGh -met see buildable lot, sestien FWRC 19.105.010). (2) Ensure -a reasonable opportunitiesy for the use, maintenance, and minor improvement of Iegally nonconforming developments , fer- a ohmge of tenants using surah buildings, struetur-es, er- feat"es, even where these buildings, stiuetwes and featufos do not somply -M� development regulations preser-ibed by this tide, and pr-evide mer-e flexibility relative to stmetwes and develepmen4s that weFe built in aM)Fdanee with the oedes and laws in eff-eet a4 the tim Viand allow a reasonable opportunity for changes in use and tenants of nonconforming g evelopments. FWRC Chapter 19.30, "Nonconformance" Page 1 of 14 (3) Ensure a reasonable opportunity for continuation of legally established nonconforming uses, but prohibit their expansion. whieh a, not . of to use ° ula4ieas f the zoning dist.;„t in .,.hieh they are 1,.eatea (4) Encourage the removal and replacement of nonconforming uses with conforming uses having petenti (5) Encourage the upgrading of nonconforming developments to conforming g evelopments buildings, stmetwes and to development featufes whieh a° not eemply with de °'^ ent regulations prescribed by this title. (Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08; Ord. No. 04468, § 3, 11- 16 -04; Ord. No. 97 -307, § 3,12-16-97. Code 2001 § 22 -325.) 19.30.020 Administration. This chapter establishes when and under what circumstances nonconforming aspects of a use,-Ew-development, or lot must be brought into conformance with this title. The provisions of this chapter should be used only if there is some aspect of the use,- er-development, or lot that is nonconforming meted under this title. (Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 97 -307, § 3,12-16-97; Ord. No. 92 -144, § 3(165.05), 6- 16 -92; Ord. No. 92 -135, § 3(165.05),4-21-92; Ord. No. 91 -113, § 4(165.05),12-3-91; Ord. No. 9043, § 2(165.05), 2- 27 -90. Code 2001 § 22 -326.) 19.30.030 When eonfor- a is re ; r element, if an aspeet, element, aetMty or- use of �F en the subjeet pFopeAy eenfeFmed to the applicable zoning title in effee the time that aspect, > a0tiMy eF use May e0effifiti-n-ule A—;;d need not be brought into eea-feflfl-miflee m4th this title unless a prevision of this ehapter- requffie (Ord Ne. 08 585 c 3(E„di n) 11 n 08; Ord Ne. nn 468 c z 11 16 nn• Ord Ne. 97 307 c 3,12 16 97; No. 92 inn c , 2 27 nn Coale 2001 § 22 327 19.30.040 Regulations applieuble to „ , for-aiing use. if a use is aeaeenfeFming in the zone in i"ieh it is leeated, this title does net establish appheable dimensienal e ether- r-egulatiens. if the use is a legal noneeafeFming use, the eity will, in order- te idenfify appheable , detefmine the zone that allews the uses most similar- to the nenconfefming use and apply the developme r-egulatiens of that zene. if t-Le use is a legal Fieneenfemiing use that is allowed in ene or- more zenes ether- dim the use is leeated and apply the development regulations ef that zone. (Ord Ne. nn 468 § 3,11 16 nn. Ofd No 97 307 c 3, 12 16 97, Ord Ne. 92 inn c 3(165 icy 6 16 m• Ord ter, 92 135 c 2(165 45) n 21 92; Ord ter° 91 113, c 4(1654S), 12 3 91; Ord No. nn 43 c 2(165 15) 2 27 nn Code 2001 r 22 328 19.30.0360 Abatement of illegal nonconformance (1) Generally. Except as specified in subsection (2) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this chapter. The city may, using the provisions of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (2) Exceptions. If an illegal nonconformance 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 subsection (1) of this section. (Ord. No. 04 -468, § 3,11-16-04; Ord. No. 97 -307, § 3,12-16-97; Ord. No. 92 -144, § 3(165.20), 6- 16 -92; Ord. No. 92 -135, § 3(165.20), 4- 21 -92; Ord. No. 91 -113, § 4(165.20), 12 -3 -91; Ord. No. 90-43, § 2(165.20), 2- 27 -90. Code 2001 § 22 -329.) 19.30.0460 Immediate compliance with certain provisions required. (1) Generally. Regardless of any other provision of this chapter, the following nonconformances must be immediately brought into conformance with the applicable regulations of this title: (a) Nonconformance that constitutes a public nuisance under FWRC Title 7; (b) Nonconformance with the lighting standards in FWRC 19.105.030 (D; FWRC Chapter 19.30, "Nonconformance" Page 2 of 14 (c) Nonconformance with the standards in the International Fire and Building Codes, to the extent that the nonconformance poses a threat to life or safety, as determined by the dDirector in eensultmien v�� the (d) Nonconformance with the provisions in Chapter 19.125WD C, ^ ioies rrr and IVY . a Chapter 19.130 FWRC; Articles eugh -VII, regarding parking and storage of large vehicles in residential zones; (e) Nonconformance with the provisions in Chapter 19.140 FWRC regarding portableeutdeer signs; (f) Nonconformance with the provisions in Chapter 19.140 FWRC regarding location of signs extending over rights -of -way. (2) Abatement. The city may, using any of the provisions of this Code or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (1) of this section. (Ord. No. 09 -596, § 22, 1 -6 -09; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 04 -457, § 3, 2 -3 -04; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 92 -144, § 3(165.25), 6- 16 -92; Ord. No. 92 -135, § 3(165.25),4-21-92; Ord. No. 91 -113, § 4(165.25),12-3-91; Ord. No. 90-43, § 2(165.25), 2- 27 -90. Code 2001 § 22 -330.) Cross references: Water quality, Chapter 16.45 FWRC; parking and storage of outdoor equipment, FWRC 19.125.170. 19.30.0570 Certain nonconformances specifically regulated. (1) This chapter FWRC 19 30 080 diro,, ^w , n 30 , , 0 specifiesy when and under what circumstances eet4ain nonconformances must be corrected. If a nonconformance must be corrected under this. chanter sesti(m, the applicant must, as part of the application for any development permit, submit all information that the city reasonably needs to review the application for compliance with this chapter eerFeetiea. in addition the eity w411 net issue a eei4ifieat ^F The city may withhold, at the discretion of the Director, all land use, building permit, other approvals and/or issuance of the certificate of occupancy until the required conformance is achieved. (2) If FWRC 19.30.0460 applies to a specific nonconformance, the provisions of this section do not apply to that same nonconformance. (Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 92 -144, § 3(165.35(l)),6-16-92; Ord. No. 92 -135, § 3(165.35(l)),4-21-92; Ord. No. 91 -113, § 4(165.35(l)),12-3-91; Ord. No. 90 -43, § 2(165.35(l)),2-27-90. Code 2001 § 22 -331.) 19.30.060 Regulation of legal nonconforming uses not identified in particular zoning districts. If a use is nonconforming in the zone in which it is located, this title does not establish applicable dimensional or other regulations. The city will, in order to identify applicable regulations, determine the zone or zones that allow the particular use, or uses most similar to the nonconforming use, and apply the development regulations of that use in that zone. In the case of multiple zones, the Director shall determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone. 19.30.0780 Nonconforming use. (1) Any nonconforming use must be terminated if- estate appraise The applicant is expanding gross floor area on the subject property, whether the expansion involves an addition to an existing building or a new and separate structure. (b e) The subject property has been abandoned. (2) Subseetions (!)(a) and (b) of this seetion do not apply to expansions or- afteffitiOffs W a stfUetffe dMt hOUses 0 (Ord. No. 10 -652, § 6, 4 -6 -10; Ord. No. 06 -515, § 3, 2 -7 -06; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 92 -144,§ 3(165.35(2)),6-16-92; Ord. No. 92 -135, § 3(165.35(2)),4-21-92; Ord. No. 91 -113, § 4(165.35(2)),12-3-91; Ord. No. 90 -43, § 2(165.35(2)),2-27-90. Code 2001 § 22 -332.) Cross reference: Building code standards, Chapter 13.15 FWRC. FWRC Chapter 19.30, "Nonconformance" Page 3 of 14 19.30.080 Nonconforming lots The development of a nonconformina lot under this section shall be subject to the buildable lots provisions of FWRC 19.105.010(2). 19.30.090 Nonconforming development. (1) All nonconforming aspects of a development must be brought into conformance if if any aspect c.4r.,r4„r° , , t or development does not eenferm to the development regulations prese.Fibed in this title, that s"etare, improvement or development must be brought into eenfermanee or othe- i i � 1 as set fer.14 be , (a) An applicant proposes to add to the subject property either: 2,500 square feet of new gross floor area; or 25 percent of the gross floor area of the building(s) on the subject property whichever is less, within any consecutive 36 -month time period; or (b ) The property is abandoned. WeFease in grossfieer if an pl nt proposes to ° ° the gross flee area of any use en the s*eet preperty in any one ef the following ways, the applisant shall eemply with the development regulations in effeet at the time ef the proposal, as specified belew! (i) if expansion floor building dwough flee-r-s- of gross area of an existing oeours either the the building feetprint, the addition of new -Ai� all within stfueture or enlargement of existing applioant development in the time the is if the shall comply the regulations effeet at expansion proposed. . . is by tenants the property eft W-hiGh these . FE)PeS@El eseupied n+ultiple or uses, appheant development to the the shall eeraply with the regulations appli-eable geographie portion of site an propesed; eF (ii) if a new is being develeped which e*P the s and separate strueture eenstrueted en an already site, appheant struetur o and any related improvements n ° to ben ; nstruete e (2) Exceptions. a) For a building (or group of or buildings) greater than or equal to 50,000 square feet, conformance as identified in subsection (1) is not required unless: the applicant proposes to add 4,900 square feet of new gross floor area to the subject property; or ten percent of the gross floor area of the building(s) on the subject property, whichever is greater, within any consecutive 36 -month time period; or LbI(iiiYU -the An increase in gross floor area of involves an existing single - family residential dwelling-,4he applieant_shall be allowed provided the nonconformance of the existing structure is not increased and the addition compliesy with all the development regulations in effect at the time of the proposal; or n' or- single faraily r-esidences, existing neneenfennities may remain and eentinue so long as the existing neneenfiffmities are not being ineFeased OF expanded in any way. Now eensWaration er renovation whieh invelves the inerease in gross fleer area of a neneenfi3rraing single family stfueture is subjeet to all applieable Fequirerae Ae If dh.4 s; G. Ae d ea ineluding bu4 not limited to previsiens related to earifical areas (Div4sien 3.1 of this title), eff street parking (Chapter 19.130 FW-RC), improvements (Chapter 19.135 PAW), and landscaping (Chapter 19.125 ). (ci-v) If the increase in gross floor area involves an existing single -story building in the city center that is nonconforming as to the ground floor size limits established in Chapter 19.225 FWRC, the existing building footprint shall not be enlarged, except the director may approve minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided, that such addition(s) shall not exceed 1,000 square feet per building in any one consecutive 12 -month period, and shall not increase the extent of any other nonconformance. (b) Abandemment. if, an applioant proposes any work, ineluding tenant irapr-evements, on property that has been A-Made-ned, the appheant shall eemply with all development regulatiens applieable to the s*eet property, to (e) The use een"eted ea the s*eet property has eeased fer raer-e than one year-, in i'Arb-io-h ea-se the applie shall repair- and4eF Festere the impr-evements on the site (e.g., drainage, jandseaping, eufbing, parking, parking lot landseaping, ete.) te a eendifien as near as physically pessible te the eonditien required by the requirements- of approval of the exis4ing developraent-. (d) The appheant is making any alteratien or ehanges or doing any weF14 other than normal mainteamee, tena improvements, of: rainer additions neted in subsection (l)(a)(iV) of this section, 12 FWRC Chapter 19.30, "Nonconformance" Page 4 of 14 (32) This section does not govern application of Chapter 19.115 FWRC, Community Design Guidelines; application of Chapter 19,115 FWRC is governed by FWRC 19.115.010 through 19.115.1200, as amended. This section also does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements; application of those development regulations is governed by FWRC 19.30.1200, 19.30.14470, 19 .30.120 and 19.135:820, all as amended. (Ord. No. 12 -724, § 8, 6 -5 -12; Ord. No. 10 -652, § 7, 4 -6 -10; Ord. No. 06 -515, § 3, 2- 07 -06; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 02 -420, § 3, 7 -2 -02; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 92 -144, § 3(165.35(4)), 6- 16 -92; Ord. No. 92 -135, § 3(165.35(4)),4-21-92; Ord. No. 91 -113, § 4(165.35(4)),12-3-91; Ord. No. 90 -43, § 2(165.35(4)),2-27-90. Code 2001 § 22 -334.) Cross references: Off - street parking regulations, Chapter 19.130 FWRC; zoning district regulations, FWRC Title 19, Division VI; cottage and compact single - family housing, Chapter 19.250 FWRC. 19.30.095 Nonconforming signs. Section relocated to Chanter 19.140.210 FWRC. Cross references: Signs, Chapter 19.140 FWRC 19.30.100 Special provision for damaged improvements. If a nonconforming use or development is damaged by sudden accidental cause, that use or development, including associated improvements, may be reconstructed if it meets the following requirements: (1) The use or development, including associated improvements as reconstructed is not any more nonconforming than it was immediately prior to the damage. (2) The applicant applies for building and nd any land use permits to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits. (Ord. No. 10 -652. § 14.4-6-10-, Ord. No. 06 -515,§ 3, 2 -7 -06; Ord. No. 04 -468 § 3, 11- 16 -04; Ord. No. 97 -307, � 3, 12- 16 -97; Ord. No. 92 -144 3065.30), 6- 16 -92. Ord. No. 92 -135 3(165.30),4-21-92; Ord. No. 91 -113 4(165.30),12-3-91; Ord. No. 90 -43, § 2(165.30), 2- 27 -90. Code 2001 & 22 -343.) Cross references: Appeals (concerning_ appeal of process II decision) FWRC 19.60.080. 19.30.100 ,v,.,,,.,...f,.....Ang signs. tessper-seas with substantial investment i eity thereafter-, this seetion preN4des fi)F uHe 10 years eieea4iaued use of a fieneenfefming sign in its existing s During this period, it is expeeted dia4 the sign may be ameFtized in its value ever- this 10 year- time per-ied aaWe may be ame-Aizedd -fq-r-- fied-Re-ral ineeme tar. . . ided, however-, that whether- a sign is ameftized fer- tax (2) Definidens. A "noneen)renning sign " means any sign as defined by FWR-C 19.05.190 Whieh was legally existenee en the effeetii.;e date efthis Code, Febmaff 28, 1990, of en the date efannexation ifleea4ed in areas- Min-n-exed- to the city thereafter-, bu4 whieh does not esemply with the sign Fegulations efChapter- 19.140 F-VARC, Signs-, (3) Legal neneetyio�anee. FWRC Chapter 19.30• "Nonconformance" Page 5 of 14 - .• _ (32) This section does not govern application of Chapter 19.115 FWRC, Community Design Guidelines; application of Chapter 19,115 FWRC is governed by FWRC 19.115.010 through 19.115.1200, as amended. This section also does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements; application of those development regulations is governed by FWRC 19.30.1200, 19.30.14470, 19 .30.120 and 19.135:820, all as amended. (Ord. No. 12 -724, § 8, 6 -5 -12; Ord. No. 10 -652, § 7, 4 -6 -10; Ord. No. 06 -515, § 3, 2- 07 -06; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 02 -420, § 3, 7 -2 -02; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 92 -144, § 3(165.35(4)), 6- 16 -92; Ord. No. 92 -135, § 3(165.35(4)),4-21-92; Ord. No. 91 -113, § 4(165.35(4)),12-3-91; Ord. No. 90 -43, § 2(165.35(4)),2-27-90. Code 2001 § 22 -334.) Cross references: Off - street parking regulations, Chapter 19.130 FWRC; zoning district regulations, FWRC Title 19, Division VI; cottage and compact single - family housing, Chapter 19.250 FWRC. 19.30.095 Nonconforming signs. Section relocated to Chanter 19.140.210 FWRC. Cross references: Signs, Chapter 19.140 FWRC 19.30.100 Special provision for damaged improvements. If a nonconforming use or development is damaged by sudden accidental cause, that use or development, including associated improvements, may be reconstructed if it meets the following requirements: (1) The use or development, including associated improvements as reconstructed is not any more nonconforming than it was immediately prior to the damage. (2) The applicant applies for building and nd any land use permits to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits. (Ord. No. 10 -652. § 14.4-6-10-, Ord. No. 06 -515,§ 3, 2 -7 -06; Ord. No. 04 -468 § 3, 11- 16 -04; Ord. No. 97 -307, � 3, 12- 16 -97; Ord. No. 92 -144 3065.30), 6- 16 -92. Ord. No. 92 -135 3(165.30),4-21-92; Ord. No. 91 -113 4(165.30),12-3-91; Ord. No. 90 -43, § 2(165.30), 2- 27 -90. Code 2001 & 22 -343.) Cross references: Appeals (concerning_ appeal of process II decision) FWRC 19.60.080. 19.30.100 ,v,.,,,.,...f,.....Ang signs. tessper-seas with substantial investment i eity thereafter-, this seetion preN4des fi)F uHe 10 years eieea4iaued use of a fieneenfefming sign in its existing s During this period, it is expeeted dia4 the sign may be ameFtized in its value ever- this 10 year- time per-ied aaWe may be ame-Aizedd -fq-r-- fied-Re-ral ineeme tar. . . ided, however-, that whether- a sign is ameftized fer- tax (2) Definidens. A "noneen)renning sign " means any sign as defined by FWR-C 19.05.190 Whieh was legally existenee en the effeetii.;e date efthis Code, Febmaff 28, 1990, of en the date efannexation ifleea4ed in areas- Min-n-exed- to the city thereafter-, bu4 whieh does not esemply with the sign Fegulations efChapter- 19.140 F-VARC, Signs-, (3) Legal neneetyio�anee. FWRC Chapter 19.30• "Nonconformance" Page 5 of 14 (a) Fdigibi&�. Any leeated limits the date this Code, nonee4mming sign within the eivy on of adoption ef F-ebfuar-y 28, 1990, er- on the date of annexation if leeated in areas annexed to the eity thereafter- w-hieh does no e-e-R-C-ofm with the pr-ovisions of this Code, is eligible -fe-F e-h-mmaeteffization as provided it meets the following „tom a legal fieneenfe (i) The by da4e this Code, if sign was eeveFed a sign permit on the of adeption of efle was Fequired 1113 3}9pheable law; e (ii) if law for- the the in no sign peFmit was required under appheable sign, sign was all FeSpeGAS S I♦ MIAMII•I • S 1 • � I I♦ - _ _ • 1 f I♦ ORM FWRC Chapter 19.30. "Nonconformance" Pa26 of 14 • • 1 PON,. Mir mwmwwr.vwm MIAMII•I • S 1 • � I I♦ - _ _ • 1 f I♦ ORM FWRC Chapter 19.30. "Nonconformance" Pa26 of 14 HUM rm (a) The sign is in esenneetion building h-e-eff designated historic building to used with a 1, . federal, .a4ie., .,..tl... «: t... -h—as as a puFsuant st.,te or- eal p (b) The subject sign er- signs are substa (e) The subjeet sign or- ged er- tmalter-ed sinee initial installation; prevailing signage dwing the period in time it was (d) The subjeet sign er- signs have been well maifftained safety and -vV el and are net matefially detrimental to the publie health, ,; . ......... ........ MM-1 1 - - - MM _ ............ HUM rm (a) The sign is in esenneetion building h-e-eff designated historic building to used with a 1, . federal, .a4ie., .,..tl... «: t... -h—as as a puFsuant st.,te or- eal p (b) The subject sign er- signs are substa (e) The subjeet sign or- ged er- tmalter-ed sinee initial installation; prevailing signage dwing the period in time it was (d) The subjeet sign er- signs have been well maifftained safety and -vV el and are net matefially detrimental to the publie health, •1 1. • 1 1 1 .00. ftom 111 1 HUM rm (a) The sign is in esenneetion building h-e-eff designated historic building to used with a 1, . federal, .a4ie., .,..tl... «: t... -h—as as a puFsuant st.,te or- eal p (b) The subject sign er- signs are substa (e) The subjeet sign or- ged er- tmalter-ed sinee initial installation; prevailing signage dwing the period in time it was (d) The subjeet sign er- signs have been well maifftained safety and -vV el and are net matefially detrimental to the publie health, FWRC Chapter 19.30. "Nonconformance" Page 7 of 14 _ 177 �Ers�rs�sst • - - - . ...... OMNI (c) Less k-gal All in (9)(a) (b) e of neneenferming sign status. neneenfeming this be inunediately to signs speeified subsections and to the this tide, a new serstien shall r-emeved er- medified eenfiffm all pr-eN4sieas of and . lose its legal Reneenfem"ing •. . 1 • . • • • . ♦ • . ♦ . • 1 . .. •. . Le (c) Less k-gal All in (9)(a) (b) e of neneenferming sign status. neneenfeming this be inunediately to signs speeified subsections and to the this tide, a new serstien shall r-emeved er- medified eenfiffm all pr-eN4sieas of and pennit seewed ther-efer-, and such nomenfeming sign shall immediately lose its legal Reneenfem"ing •. . 1 • . • • FWRC Chapter 19.30. "Nonconformance" Page 8 of 14 •. . 1 • . • • • . ♦ • . ♦ . • 1 . .. •. . Le • .... FWRC Chapter 19.30. "Nonconformance" Page 8 of 14 •. . 1 • . • • • . ♦ • . ♦ . • 1 . .. •. . Le FWRC Chapter 19.30. "Nonconformance" Page 8 of 14 19.30.110 When public improvements must be installed. Any applicant for a development permit for any type of activity on property on which a nonconformance is located shall provide the improvements required by Chapter 19.135 FWRC, as provided in FWRC 19.135.030, as amended. (Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 90 -43, § 2(110.20), 2- 27 -90. Code 2001 § 22 -336.) Cross references: Streets and sidewalks, FWRC Title 4, Division II; drainage program, FWRC Title 16; subdivision required improvements, Chapter 18.60 FWRC. 19.30.120 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a stme we improvement development, of subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance_ v�4th the development regulations in FW r Tide 16 pelt.,:.,:., to ,...,«°f ,,,,. k4y (1) Redevelopment. For the purposes of this section, "redevelop" or "redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverapae of 35 percent or more. Water quality for the entire subject property must be brought into compliance with Title 16 FWRC, where the proposed redevelopment meets or exceeds the thresholds set forth below pursuant to this chapter, and shall be done in accordance with the approved King County Surface Water Design Manual or equivalent, as amended. bring dm4 setur-e, impr�vemen't, development or- propeFty in4e eemplianee with the development r-egulatiens i FAARG Tide 16 peFtaining to water quality, where the proposed redevelopment meets or- exeeeds the dwesholds se fefth below. FeF the puMeses of this seetien, 'Wdevelep " or "Pedevelepment " means, en an already developed the or-eation or- additien of impefvieus sur-farae; the expansion of a building footprint or- addition er- replacement of a- remodeling, wher-e the stme— a! developmew exeeeds 50 Pefeent of the assessed or- appraised value efthe simetwe ient being redeveloped; the r-epaif or- replaeement of impenieus sur-feee that is not paFt ef a routine . (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 pollutant(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 any one 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 appraisal must be from state- certified general appraiser. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC FWRC Chanter 19.30, "Nonconformance" Page 9 of 14 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; (h) Redevelopment of property which drains or discharges to a receiving 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 % of Water Quality Redevelopment Improvements 0-24 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: (i) Have a term equal to the construction schedule proposed in the plan; and (ii) Comply with the applicable requirements of Chapter 19.25 FWRC, 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 of all structures on the subject property. The appraisal must be from a state - certified real estate appraiser. (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 stormwater 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. FWRC Chanter 19.30, "Nonconformance" Page 10 of 14 (Ord. No. 10 -652, §§ 9,10,4-6-10; Ord. No. 09 -595, § 8,1-6-09; Ord. No. 04 -468, § 3,11-16-04; Ord. No. 97 -307, § 3, 12 -16- 97; Ord. No. 92 -144, § 3(165.35), 6- 16 -92; Ord. No. 92 -135, § 3(165.35),4-21-92; Ord. No. 91 -113, § 4(165.35),12-3-91; Ord. No. 90 -43, § 2(165.35), 2- 27 -90. Code 2001 § 22 -337.) Cross reference: Surface and stormwater management, FWRC Title 16. • PX, ■ .s • • (eariTS!T_!�l6. u • •• • - - J oil u • • • u ■ • . 19.30.1340 Nonconforming accessory dwelling units. (1) Eligibility. Any nonconforming accessory dwelling unit ( "ADU") located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter, which does not conform to FWRC 19.195.180, 19.200.180, 19.265.020 or any other provisions of this Code, is eligible for designation as a legal nonconforming ADU provided it meets the following requirements: (a) The ADU was covered by a permit on the date of adoption of this Code, if one was required under applicable law; or (b) If no permit was required under applicable law, the ADU was in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming ADUs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this title. (3) Loss of legal nonconforming ADU status. A1-1-_, Lgal nonconforming ADUs shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur: FWRC Chanter 19.30. "Nonconformance" Page 11 of 14 (a) Increase in square footage. The applicant is inereasingincreases the gross floor area of the any ADU; or (b) Other akemfiens� The applioaPA is making any ehange, alteration or- per-feEming wer-k other- than neFmal maintenanee or- other- than tenant impr-evements, in an), 12 mon4h period to any ADU and the fair- market value of suoh ehanges, alterations or- other- work erweeds 50 pereent of the assessed value of ah-at MPU as detefmined- by the King County assesseF; (]Le) Abandonment or cessation of occupancy. The subject property containing the ADU is abandoned for 90 or more consecutive days or the ADU is not occupied for 180 consecutive days_ - (d) QaW in use. There has been a ehange in use on the subjeet property as that teff-m is d-e-fined- by FWRG innc030 (Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 95 -245, § 3(E), 12 -5 -95. Code 2001 § 22- 338.1.) 19.30.1450 Nonconforming adult entertainment, activity, retail, or use. Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this Code, which are either made nonconforming by this Code or which are existing nonconforming uses shall be terminated within one year; provided, however, that such termination date may be extended upon the approval of an application filed with the city's community development director within 120 days of the effective date of this Code provision requesting an extension to such one -year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February 1, 1999, which precludes reasonable alternative uses of the subject property. (Ord. No. 04 -468, § 3,11-16-04; Ord. No. 99 -347, § 3, 8 -3 -99. Code 2001 § 22- 338.2.) 19.30.1505 Nonconforming outdoor storage containers. (1) Eligibility. Any outdoor storage container located within the city limits on the date of adoption of this Code, February 28, 1990, located in areas annexed to the city thereafter on the date of annexation, or approved by the city after February 28, 1990, and before the effective date of the ordinance codified in this section regulating outdoor storage containers, which does not conform to FWRC 19.125.180 or 19.275.110, or any other applicable provisions of this Code, is eligible for designation as a legal nonconforming outdoor storage container provided it meets the following requirements: (a) The outdoor storage container was established pursuant to a permit and is in compliance with any permit requirements, if one was required under applicable law; or (b) If no permit was required under applicable law, the outdoor storage container was in compliance with applicable law. (2) Allowed. All legal nonconforming outdoor storage containers are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this chapter. (3) Loss of legal nonconforming status. All--Legal nonconforming outdoor storage containers shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur: (a) Increase in gross floor area. The applicant is increasing- increases the gross floor area of the principal use on the subject property whereon the container is located =; or (b) Other aher-afiens. The applicant is mak4ng a" ehange, alteration, or per-fefmiag work other- than aefmal peried and the fair- fnar-keoelue of sueh changes, alter-atiens, er- other- work exeeeds 50 per-eent of the assesse value of the development as deteFmiaed by the King County assessor-; (c) Abandonment. The subject property containing the storage container is abandoned for 90 or more consecutive days_; -er (d) GhaW in use. There has been a ehange in use on the s*eet pr-epeAy as that teFm is defined by F-ViRG i n nc n3n (Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22- 338.3.) FWRC Chapter 19.30. "Nonconformance" Page 12 of 14 19.30.160 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this chapter. Any regulations of this chapter which do not conflict with the provisions of this section are unaffected by this section. (1) Oil tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected. (2) Governmental acquisition ofproperty for right -of -way expansion (including easements). (a) A proposal for improvements eF st fu,..,.....' alterations or- ,.w. nge in use shall not trigger a requirement otherwise applicable under FWRC 19.30.090 that an applicant correct an existing nonconformance, as to let requirements, if the nonconformance was created solely by a local, state, or federal government acquisition of property for right -of -way expansion, and if the proposal meets the following requirements: (i a) The nonconformity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater; and .• �� M. O.M.M.- ~-rTrM I -- - mz�l (ii s) The proposal is otherwise consistent with the public health, safety, and welfare. (b ) Where governmental acquisition of property or easement results in the need to relocate nonconforming improvements, those improvements may be relocated on the subject property provided they are not made more nonconforming. (3) Other government regulations. Other than as specified in subsection (1) of this section, the city may, using process4V III, exempt a property or use from any of the requirements of this chapter if (a) The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; (b) The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and (c) The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. (Ord. No. 10 -652, § 13, 4 -6 -10; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 01 -398, § 2, 7- 17 -01; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 92 -144, § 3(165.50), 6- 16 -92; Ord. No. 92 -135, § 3(165.50),4-21-92; Ord. No. 91 -113, § 4(165.50),12-3-91; Ord. No. 9043, § 2(165.50), 2- 27 -90. Formerly 22 -340. Code 2001 § 22 -339.) 19.30.170 Special provisions for critical aquifer recharge areas. The provisions of this section will be followed regardless of any conflicting regulations of this chapter. Any regulations of this chapter that do not conflict with the provisions of this section are unaffected by this section. If a nonconformance must be corrected to comply with FWRC 19.145.450, the applicant must, as part of the application for the development permit, submit all information that the city reasonably needs to review the 4pplication for compliance with this chapter cefFeetie. In addition, the city will not issue a land use approval or building permit until the correction is made. FWRC Chapter 19.30. "Nonconformance" Page 13 of 14 (1) A nonconforming use as defined in FWRC 19.145.480 may be continued unless the thresholds of FWRC 19.30.0750 are reached, in which case it shall be terminated. (2) Regardless of the thresholds in FWRC 19.30.090, any use, applying for a development permit within six -month, one -year, five -year, or 10 -year capture zones must be brought into compliance with the protection measures specified in FWRC 19.145.500. (Ord. No. 15 -797, § 12, 6- 16 -15; Ord. No. 04 -468, § 3, 11- 16 -04. Formerly 22 -341. Code 2001 § 22 -340.) 19.30.180 Prohibition on increasing nonconformance. No nonconformance may, in any way, be enlarged, expanded, increased, intensified, compounded or in any other way made greater, except as specifically permitted in this chapter. (Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 97 -307, § 3,12-16-97; Ord. No. 92 -144, § 3(165.55),6-16-92; Ord. No. 92 -135, § 3(165.55), 4- 21 -92; Ord. No. 91 -113, § 4(165.55), 12 -3 -91; Ord. No. 90 -43, § 2(165.55), 2- 27 -90. Formerly 22 -342. Code 2001 § 22 -341.) 19.30.190 Applicability of building codes. Nothing in this chapter in any way supersedes or relieves the applicant from compliance with the requirements of the city's building codes, the International Building Code, the International Fire Code, and other construction- related codes as adopted and amended from time to time by the city. (Ord. No. 04468, § 3, 11- 16 -04; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 92 -144, § 3(165.60), 6- 16 -92; Ord. No. 92 -135, § 3(165.60),4-21-92; Ord. No. 91 -113, § 4(165.60),12-3-91; Ord. No. 9043, § 2(165.60), 2- 27 -90. Formerly 22 -343. Code 2001 § 22 -342.) Cross reference: Buildings and building regulations, FWRC Title 13. pr-aisal must be from a stme eeFtified real estate appmisen (2) The 4npr-eNrement, as meenstmeted, is not any more noneeakwming than it was immediately prior- te the . (3) The appheafft applies for- building and any !and use pefmits to meenstmet the damaged impr-evemen4 widiia six months of the date of the dafflage and r-eeenstfuets the improvement pursuant te sueh pefmits. in..a No 10 652 c 14, 4 6 10; Ord Ne. 06 c 15, c z 2 7 06; n..a Ne. nn 469 c z 11 16 nn. Q fd No. 97 307 c3 12 16 97; n,.a No. 92 inn c 3(165 zm 6 16 92; QFd No. 92 135 c 3165 3m n 24 92; OF No. 91 113 c 4(165 3m 12 3 91; n.a No. nn 43 c 2i165 zm 2 27 on Code 2001 c 22 341) Cross r-efeFenees. Appeals (eeneeming appeal of proeess 11 decision), FWRC 19.60.080. 19.30.2010 Appeals. Notwithstanding any other provision in this title, a decision of the director or the hearing examiner with respect to the application of any provision of this chapter shall be appealable as part of, and under the process applicable to, any appeal of a decision of the director or the hearing examiner on the underlying application or project for which city approval is sought. (Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 97 -307, § 3, 12- 16 -97; Ord. No. 97 -291, § 3, 4 -1 -97; Ord. No. 90-43, § 2(175.10(7), 2- 27-90. Code 2001 § 22 -344.) ' Cross references: Effective date of the zoning regulations and requirements, FWRC 19.05.320; district regulations, FWRC Title 19, Division VI; supplementary district regulations, FWRC Title 19, Division VII. FWRC Chanter 19.30, "Nonconformance" Page 14 of 14 EXHIBIT B Federal Way Revised Code Title 19, Zoninp- and Development Code Chapter 19.05, Definitions 19.05.010 A definitions. "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or- maAgage foreclosure. 19.05.090 I definitions. "Illegal Nonconformance" means those uses, developments, or lots that were not legal when they were created or established and do not conform with current zoning regulations. This definition shall be applied to nonconforming lots, uses, and developments as defined in this chapter. 19.05.120 L definitions. "Legal Nonconformance" means those uses, developments, or lots that complied with the zoning regulations at the time the use, development, or lot was created or established, but do not conform with current zoning_ regulations. This definition shall be applied to legal nonconforming lots, uses, and developments as defined in this chapter. 19.05.140 N definitions. "Nonconformance " means any use, development, structure, improvement, lot, condition, activity, or any other feature or element of private or public property, or the use or utilization of private or public property, that does not conform to any of the current provisions of this title making preeess i-7equired under- this title. "Nonconforming Lot" means any lot which does not conform to the current standards of the zoning district in which it is located. "Nonconforming Use" means any existing use which is currently not permitted in the zoning district in which it is located. "Nonconforming Development' means any buildings, structures, or improvements, which do not conform to the current bulk and dimensional standards and other regulations of the zoning district in which they are located including but not limited to; setbacks, height limits, density, landscaping off- street parking,, other Oarking_reguirements, lot coverage, and drainage facilities, including low impact development. 19.05.180 R definitions. "Redevelop or Redevelopment Project" for the purpose of nonconforming water quality (improvements) means a project that proposes to add, replace, or modify pervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with the Federal Wav Revised Code. 19.05.180 S definitions. FWRC Chapter 19.05. "Definitions" Page 1 of 1 EXHIBIT C Federal Way Revised Code Title 19, Zoning and Development Code Chapter 19.105, General Development Regulations Sections: 19.105.010 Buildable lot ing site. 19.105.020 Essential public facilities. 19.105.030 Lighting regulation. 19.105.040 Regulation of work hours. 19.105.050 Group homes. 19.105.060 Social service transitional housing. 19.105.070 Family day care. 19.105.080 Adult family homes. 19.105.090 Regulated wellhead. 19.105.100 Repair of site improvements. 19.105.010 Buildable lot ing site. (1) General. It is a violation of this title to erect a structure on or to otherwise use or occupy any lot or parcel unless that lot or parcel is a lega4-buildable lot ing site. A lot or parcel is a legal- buildable lot ing site if it meets all of the following criteria: (a) It was created or segregated pursuant to all applicable laws, ordinances and regulation then in effect. (b) Except as specified in subsection (2) of this section, it is at least as large as the minimum lot size established by this title. (c) It is adjacent to a street, access tract, -or driveway providing access to that lot or parcel, that meets the minimum requirements of the International Fire Code and other code provisions established by or under this title. (d) Nothing in the above section eliminates the requirement to comply with all other provisions of the FWRC, or other applicable regulations, prior to obtaining a building permit or other construction permit. (2) Exception, detached dwelling units. Subject to all other requirements of this title, an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel, if: (a) There is or has ever been a residence on the subject property; or (b) It is a legal nonconforming lot and the owner does not own contiguous lots; or The lot lines defining the lot or- parvol were r-eeef!ded in the eounty assessor's Ake prior- to Febmar-y 28, 1990, and the lot or- par-eel has a-At ssiffinuh—ame-A-usly been owned by the owner- of a eentigueus lot or par-eel subsequent to that date. (c) Lots less than 50 percent of the minimum lot size required by this title are combined with one or more contiguous lots under the same ownership until the resulting lot of equals at least 50 percent of the minimum lot size required. If that is not possible, all lots under contiguous ownership are combined into one lot, which may then be developed. (d) The intent of this exception shall not be to construe remnant lots or tracts as buildable lots. Lots that are not considered buildable lots are those that were not created for the purposes of land development and include but are not limited to, vacated rights of ways, tracts, lot fragments resulting from surveying errors, public or private easements, and assessor "tax parcels" created by segregation. (Ord. No. 90 -43, § 2(115.80), 2- 27 -90. Code 2001 § 22 -953.) Cross references: Buildings and building regulations, FWRC Title 13; subdivisions, FWRC Title 18. 19.105.100 Repair of site improvements. If the use conducted on the subiect property has ceased for more than one consecutive 12 month period, the applicant shall repair and/or restore the existing improvements on the site (e.g., drainage, landscaping, curbing, parking striping etc.) to a condition as near as physically possible to the condition required under the approval) of the existing g evelopment. This provision shall be implemented as a condition of the building permit, land use, or subdivision approval. FWRC Chapter 19.105, "General Development Regulations" Page 1 of 1 EXHIBIT D Federal Way Revised Code Title 19, Zoning and Development Code Chapter 19.140, Signs' Sections: 19.140.010 Purpose. 19.140.030 Scope. 19.140.040 Permits. 19.140.050 Permit exceptions — Maintenance and operation. 19.140.060 Exempt signs. 19.140.070 Temporary and special signs. 19.140.080 Government signs. 19.140.090 Residential zone signs. 19.140.095 Residential zone signs — Real estate signs within rights -of -way. 19.140.100 Sign registration. 19.140.110 Bond. 19.140.120 Tables of sign allowances. 19.140.130 Prohibited signs. 19.140.140 Signs in nonresidential zoning districts — Freestanding signs. 19.140.150 Signs in nonresidential zoning districts — Building- mounted signs. 19.140.160 Signs in nonresidential zoning districts — Sign area multipliers. 19.140.170 Construction standards. 19.140.180 Variance from sign code. 19.140.190 Compliance and enforcement. 19.140.200 Reserved — Comprehensive design plan. 19.140.210 Nonconforming signs. 19.140.210 Nonconformine signs. (1) 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 citythereafter, 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. (2) Definitions. A "nonconformingsi ¢ n " means any sign as defined by FWRC 19.05.190 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 Chapter 19.140 FWRC, 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 Chanter 19.05 FWRC. 3) Legal nonconformance. FWRC Chanter 19.140, "Signs" Page 1 of 4 (a) EliEligibility. 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 sig_r► provided it meets the following requirements: (i) The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or (ii) 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. (b) 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. (c) Exclusions. Except for billboards, off -site signs, and roof signs, prohibited signs as defined in FWRC 19.140.130 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city. (4 ) Notice ofdetermination. (a) Required. After the city conducts a sign inventory, the city shall analyze whether each sign complies with the sign regulations of Chapter 19.140 FWRC, 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 title, 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 (5) of this section. Signs that do not comply with the sign regulations of Chapter 19.140 FWRC, 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. (b) Necessaryinformation. 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 sigma 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 may require to ensure compliance with the Code, which may include proof of the date of installation of the sign. (5) 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 FWRC 19.140.130 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (6) Extension or exemption from amortization period. (a) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (5) of this section following expiration of the amortization period. b 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. (c) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (5) of this section may apply for a sign amortization extension or exemption. (d) Decisional criteria. An application for a sign amortization exemption or extension may be approved or agpproved with modification if it satisfies all of the following criteria: (i) The sign is compatible with the architectural design of structures on the subject property; (ii) 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 Chapter 19.140 FWRC and that the sign area of the sign is within 20 percent of the sign area required by Chapter 19.140 FWRC. Minor deviations from these FWRC Chapter 19.140, "Sims" Page 2 of 4 percentages may be approved by the administrator if he 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, (iii) 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, (iv) The sign complies with the city's minimum sign distance at intersection requirements pursuant to FWRC 19.135.300 et sea.; (v) 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; NO It is consistent with the city's comprehensive plan; and (vii) It is consistent with the public health, safety and welfare. (e) Applicable procedure. Except as otherwise provided by this subsection (6), the city will process an application for a sign amortization exemption or extension through process I of this Code. Loss oflezal nonconforming sign status. All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this title, 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: (a) 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. (b) 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. (c) 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. (d) 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. (e) Change in use. There has been a change in use on the subject property as that term is defined by FWRC 19.05.030. (fl Change in tenant. There has been a change in tenant or business on the subject property. In connection with anv multi -use 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 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. (g) Expiration ofamortization 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. (8) Historic signs. Nonconforming on -site historical signs may be retained through process IV of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (a) The sign is used in connection with a building which has been designated as a historic building pursuant to anv federal, state or local preservation authority; (b) The subject sign or signs are substantially unchanged or unaltered since initial installation; (c) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (d) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. FWRC Chapter 19.140. "Signs" Page 3 of 4 (9) Government acquisition ofproperty for right- of -way. (a) A sign that becomes nonconforming with respect to its setback from the ed eg 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 (9)(c) of this section. (b) 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: i 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; (ii) The sign is not prohibited by FWRC 19.140.130 and, except for location within a required setback, complies with all other requirements of Chapter 19.140 FWRC; iii) The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWRC 19.135.300 et seq.; and (iv) Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. (c ) Loss ofleQal nonconforming si zn status. All nonconforming signs specified in subsections ()(a) and (b) o this section shall be immediately removed or modified to conform to all the provisions of this title, 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: (i) 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 he 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 is legal nonconforming status and eli ig bility for the 10 -year amortization period so long as all of the following conditions are met: (A) 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; (B) the consent decree or settlement agreement was executed and filed with the court or recorded prior to the effective date of annexation; (C) 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 title; (D) 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 (E) the owner makes no changes to the sign that increase the nonconformance of the sign; or (ii) 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 any one consecutive 12 -month period, exceeds 75 percent of the assessed or appraised value of that structure or improvement. The appraisal must be from a state - certified real estate appraiser. For pMoses of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/or 19.30.110 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold which would trigger application of this subsection. (d) 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. 10 -652, 6 8, 4 -6 -10, Ord. No. 09 -595, 4 9, 1 -6 -09; Ord. No. 05 -486, 4 3, 4- 19 -05, Ord. No. 04 -468, 4 3, 11- 16 -04; Ord. No. 01 -398, 4 1, 7- 17 -01, Ord. No. 99 -357, § 4,12-7-99, Ord. No. 97 -307, 4 3, 12- 16 -97; Ord. No. 95 -235, 4 3,6-6-95; Ord. No. 92 -144, 4 3(165.35(5)),6-16-92, Ord. No. 92 -135, § 3(165.35(5)),4-21-92; Ord. No. 91 -113, 4 4(165.35(5)),12-3-91; Ord. No. 9043, 4 2(165.35(5)), 2- 27 -90. Code 2001 4 22 -335.) Cross reference: Sign regulations. Chapter 19.140 FWRC. FWRC Chapter 19.140. "Signs" Page 4 of 4