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LUTC PKT 10-05-2015
City of Federal Way City Council Land Use /Transportation Committee October 5, 2015 City Hall 5:30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Action Topic Title/ Description Presenter Page or Info A. Approval of Minutes: September 8, 2015 Upton 3 Action B. Information Presentation by Telecare on Faith Richie 7 Info Mental Health Facilities Proposed for Federal Way C. 2015 Asphalt Overlay Project — Final Huynh 9 Action Acceptance D. Federal Way High School / Sacajawea Mullen 11 Action Middle School Safe Routes to School Project — Final Acceptance E, Citywide Flashing Yellow Arrow Retrofits — Long 13 Action 85% Design Status and Authorization to Bid F. 2016 Planning Commission Work Program Clark 17 Action G. Proposed Amendments Related to the Willoughby- 27 Action Federal Way Revised Code (FWRC) Oakes Nonconformance Chapter 19.30 Council Date Time N/A 5 min N/A 15 min October 20, 2015 5 min Consent October 20, 2015 5 min Consent October 20, 2015 5 min Consent October 20, 2015 10 min Business October 20, 2015 15 min Ordinance First Reading 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, November 2, 2015 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members Bob Ceiski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member City Staff Marwan Salioum P.E., Public Works Director Shawna Upton, Administrative Assistant II 253- 835 -2703 This page left blank intentionally. City of Federal Way City Council Land Use /Transportation Committee September 8, 2015 City Hall 5:30 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Kelly Maloney and Lydia Assefa- Dawson. Council members in attendance: Deputy Mayor Jeanne Burbidge, Susan Honda and Martin Moore. Staff in Attendance: Public Works Director Marwan Salloum, Parks Director John Hutton, Assistant City Attorney Mark Orthmann, City Traffic Engineer Rick Perez, Street Systems Manager John Mulkey, Surface Water Manager Theresa Thurlow, Planner Manager Isaac Conlen, Street Systems Engineer Naveen Chandra, Street Systems Engineer Jeff Huynh, Senior Transportation Planning Engineer Sarady Long, Community Outreach & Government Relations Coordinator Steve McNey, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Chair Celski called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT (3 minutes) There were no public comments. 3. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: August 3, 2015 Committee approved the August 3, 2015, LUTC minutes as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 B. Federal /State Transportation Demand Implementation Agreement Mr. Long provided background information on this program. He noted state law mandates the City develop and implement a program to reduce drive alone commute trips and vehicle miles traveled in the City. To assist the City in this effort, the State provides technical assistance funding. Mr. Long explained contract details, program goals and targets and allocated funding amounts. He further addressed challenges that affect South King County. A brief discussion was held to better understand the program surveys, minimum business size requirements, staffing levels to manage this program and incentives. Committee forwarded Option #1 as presented. Moved: Assefa - Dawson Seconded: Maloney Committee Members Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member Passed: Unanimously, 3 -0 Forward to Council N/A September 15, 2015 Consent City Staff Marwan Salloum, P. E., Public Works Director Shawn Upton, Administrative Assistant II 253 - 835 -2703 C. FBI F 2015 -2017 Commute Trip Reduction (CTR) Program Implementation Agreement with King September 15, 2015 County Consent Mr. Long noted that for the last sixteen years, the City has contracted with King County for their CTR support services to implement the CTR program. The existing agreement has expired and a two year agreement is proposed. This agreement would be fully funded by the state CTR technical assistance grant. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 Amendment to Interlocal Agreement with WSDOT for Fiber Optic Installation September 15, 2015 Consent Mr. Perez noted a correction was needed on the contact information page of the draft agreement and provided the corrected page replacement. Mr. Perez stated that the City previously installed fiber optic cable in 2011 on S 320th between 8th Avenue S and SR99. This was done to provide a continuous connection between WSDOT's fiber located on I -5 and City Hall. That provides connection to 22 other cities and counties within the region and the idea is to share traffic data. Committee forwarded Option #1 as presented. Moved: Assefa - Dawson Seconded: Maloney Passed: Unanimously, 3 -0 2016 Asphalt Overlay Program Preliminary Project List and Authorization to Bid September 15, 2015 Consent Mr. Huynh presented an overview of the program, noting the funding sources and total available funding amount. He stated the streets were selected using the City's pavement management system and were verified by field inspections. Mr. Huynh also provided the estimated project costs as well as the overall program costs. Discussion was held regarding the listed locations, location priority and costs. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South September 15, 2015 — 100% Design Status Report and Authorization to Bid Consent Mr. Mulkey stated the project consists of the extension of S 352nd Street from Enchanted Parkway South to Pacific Highway South and includes a three -lane cross - section with a two -way left turn lane and bike lanes. Currently, the project design is 100% complete and the only ongoing task is finalizing the right -of -way acquisition on the last remaining parcel. Mr. Mulkey noted the estimated expenditures and available funding sources. Committee forwarded Option #1 as presented. Moved: Assefa - Dawson Seconded: Maloney Passed: Unanimously, 3 -0 Committee Members 4 City staff Bob Celski, Chair Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant 11 Lydia Assefa- Dawson, Member 253- 835 -2703 G. 2015 Manhole /Catchbasin Rebuild Project — Rejection of Quotes September 15, 2015 Consent 1' Ms. Thurlow stated one quote was received on August 20, 2015 for the 2015 Man hole/Catch basin Rebuild Project. The lowest responsive responsible proposer was AA Asphalting. The quote received was 150% above the engineer's estimate so staff is proposing to reject the quote and complete the work through SWM maintenance staff. A brief discussion was held regarding staff time availability, will the work be completed within budget and potential reasons as to why the proposal was so high above the engineer's estimate. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 King County Flood Control District Sub - Regional Opportunity Fund — Authorization for September 15, 2015 Submission Consent Ms. Thurlow stated the opportunity fund is available for qualifying jurisdictions for flood control and stormwater improvements. The funds available to Federal Way are $532,157 and staff recommends submitting an application for this funding source to be used towards a portion of the Marine Hills Phase I Conveyance System Repairs. Ms. Thurlow presented pictures of several failing or substandard storm drain pipes and structures in the Marine Hills target area. A brief discussion was held regarding overall costs, the process used to replace the pipes and estimated lifespan of the new pipes once repairs are done. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 Request Addition of a Project to the SWM 304 Capital Improvement Plan Entitled: Town September 15, 2015 Square Park Stormwater Low Impact Development (LID) Outreach Project Consent Ms. Thurlow presented background information on this project noting that the redevelopment of Town Square Park offers an opportunity to provide a stormwater educational outreach center highlighting LID stormwater improvements compared to traditional development. The educational center will provide outreach to area schools, summer programs and special interest groups as well as the general public. Some of the LID elements to be evaluated and included are permeable pavers, depressed landscaping in the parking lot roundabout planter, green roof for the restroom and picnic bench area, educational and interactive signage and a rain garden with native plantings. She briefly noted projected project cost, estimated yearly maintenance costs, and provided sample images of the vision for the learning center elements. Councilmember Maloney expressed concerns about the additional costs of the park noting that costs for the park keep rising. Mr. Salloum explained that the project is separate from the park in that it's a Surface Water amenity that is paid for by Surface Water. Councilmember Maloney believes this is a great idea but is concerned with public perception pertaining to the rising costs of the park. Councilmember Honda also expressed concerns about the rising costs of the park and wondered if the School District has expressed an interest in this project. Several Council Members expressed support for this project but concerns are focused around the rising costs of the park and public perception. Staff emphasized that this is a separate project from the park, paid for by Surface Water funds, and that the park offers a perfect setting to build an educational facility. A lengthy discussion was held regarding the costs of the park, public perception, estimated costs of incorporating the Surface Water LID elements within the park, and other potential locations for this educational element. Committee Member Maloney made a motion to forward Option #1 to the Council business agenda. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 Committee Members 5 City Staff Bob Celski, Chair Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 253- 835 -2703 J. Ratification of Countywide Planning Policy Regarding School Siting Mr. Conlen stated the City received a request from King County to ratify the countywide planning policies. The policies apply countywide to all the cities within the County and to the County itself. This particular policy is asking the City to work with the school district to identify if there are any obstacles or barriers to siting new schools in the city limits. If it is determined that there are barriers, the policy identifies some strategies to address the shortcoming. Staff does not feel that this policy was intended to apply to our jurisdiction because we don't tend to have these types of issues. Staff briefly talked with the school district and they didn't express any concerns about this policy either. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 4. OTHER September 15, 2015 Consent 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, October 5, 2015 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 7:18 PM. Attest: COMMITTEE APPROVAL: Bob Celski, Chair Kelly Maloney, Member Committee Members Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member City Staff Marwan Salloum, P. E., Public Works Director Shawn Upton, Administrative Assistant II 253- 835 -2703 CITY OF FEDERAL WAY MEMORANDUM DATE: September 29, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Michael Morales, CD Director Isaac Conlen, Planning Manage SUBJECT: Telecare Corporation Background/Introduction BACKGROUND: A company called Telecare Corporation scheduled and attended a pre - application meeting in early September to discuss construction of a 16 -bed, in- patient, evaluation and treatment facility for mental health patients. Patients are admitted on an involuntary basis. Telecare is considering multiple sites, all of which are properly zoned to allow the activity. They are taking a proactive approach to community outreach to include LUTC, planning commission and neighborhood meetings. Telecare serves a limited clientele in a secure facility, compared to more comprehensive mental health facilities that deal with a broad range of issues and clientele. We have asked a representative of the company, Faith Richie, to attend the LUTC meeting and provide the committee with some background information and a description of their proposed facility and program. This is an informational item and will not require any action by the committee. This page left blank intentionally. COUNCIL MEETING DATE: October 20, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2015 ASPHALT OVERLAY PROJECT - FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2015 Asphalt Overlay Project constructed by Lakeside Industries, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 5, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Street Systems Cngineer+l DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated October 5, 2015 Options Considered: 1. Authorize final acceptance of the 2015 Asphalt Overlay Project constructed by Lakeside Industries, Inc. in the amount of $1,354,910.02 as complete. 2. Do not authorize final acceptance of the completed 2015 Asphalt Overlay Project constructed by Lakeside Industries, Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the October 20, 2015 Council Consent Agenda r approval. MAYOR APPROVAL: IT I LZO-L-- DIRECTOR APPROVAL: E o iittee uuncil l Initial /lIat 1 itia CHIEF OF STAFF: 4j,h a ✓ `* Crs iu Coune I talc a Initial to COMMITTEE RECOMMENDATION: I move to forward Option I to the October 20, 2015 consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2015 Asphalt Overlay Project constructed by Lakeside Industries, Inc., in the amount of $1,354,910.02 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 1/2015 RESOLUTION# 9 CITY OF FEDERAL WAY MEMORANDUM DATE: October 5, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Deck Jeff Huynh, Street Systems Engineer K)tl SUBJECT: 2015 Asphalt Overlay Project — Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2015 Asphalt Overlay Project contract with Lakeside Industries, Inc. is complete. The final construction contract amount is $1,354,910.02. This is $180,946.65 below the $1,535,856.67 (including contingency) budget that was approved by the City Council on March 17, 2015. cc: Project File Central File K: \LUTC\2015 \10 -05 -15 2015 Asphalt Overlay project - Project Acceptance.doc 10 COUNCIL MEETING DATE: October 20, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY HIGH SCHOOL / SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOLS - FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the Federal Way High School / Sacajawea Middle School Safe Routes to Schools Project constructed by Road Construction Northwest, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 5, 2015 CATEGORY: M Consent ❑ Ordinance ❑ Public Hearing Q City Council Business 0 Resolution 0 Other STAFF REPORT BY: Christine Mullen, P.01.reet Systems Project Engineer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated October 5, 2015 Options Considered: I . Authorize final acceptance of the Federal Way High School / Sacajawea Middle School Safe Routes to Schools Project constructed by Road Construction Northwest, Inc. in the amount of $540,753.56 as complete. 2. Do not authorize final acceptance of the completed Federal Way High School / Sacajawea Middle School Safe Routes to Schools Project constructed by Road Construction Northwest, Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option I be forwarded to the Octobe 20, 2015 Council Consent Agenda for approval. / j MAYOR APPROVAL: �.:) 3 //S _ � -:I /,DIRECTOR APPROVAL: ' Canfmittee/ Council / InhialrDate r� InitiaUDate CHIEF OF STAFF: , L/A, Gj A Comm' Caw it Initia Ate Initial/ a COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 20, 2015 consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Federal Way High School / Sacajawea Middle School Safe Routes to Schools Project constructed by Road Construction Northwest, Inc. in the amount of $540,753.56 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 1 /2015 RESOLUTION # 11 CITY OF FEDERAL WAY MEMORANDUM DATE: October 5, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Christine Mullen, Pfte"ItortlSacajawea eet Systems Project ngineer SUBJECT: Federal Way High Middle School Safe Routes to Schools — Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The Federal Way High School / Sacajawea Middle School Safe Routes to Schools Project contract with Road Construction Northwest, Inc. is complete. The final construction contract amount is $540,753.56. This is $112,301.04 below the $653,054.60 (including contingency) budget that was approved by the City Council on May 20, 2014. cc: Project File Central File K:\LUT02015 \10 -05 -15 2015 Federal Way High School - Sacajawea Middle School SRTS project - Project Acceptance.doc 12 COUNCIL MEETING DATE: October 20, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Citywide Flashing Yellow Arrow Retrofits Project — 85% Design Status and Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to bid the Citywide Flashing Yellow Arrow Retrofits Project and return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Oct. 05, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarady Long, Sr. Transportation Planning .Engineer`EPT: Public Works Attachments: Land Use and Transportation Committee memorandum date October 5, 2015. Options Considered: 1. Authorize staff to bid the Citywide Flashing Yellow Arrow Retrofits project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 20, 2 S Council Consent Agenda for appr�t� MAYOR APPROVAL: 7 S rr DIRECTOR APPROV Cammilp C Councii Initial/Date Inl41a�l1]AlC CHIEF OF STAFF: (:onnnifl Council Initial to Inilial C COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 20, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member L dia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the Citywide Flashing Yellow Arrow Retrofits project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 18T reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 1/2015 RESOLUTION # 13 CITY OF FEDERAL WAY MEMORANDUM DATE: October 5, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor -- FROM: Marwan Salloum, P.E., Public Works Director Sarady Long, Senior Transportation Planning Engineer SUBJECT: Citywide Flashing Yellow Arrow Retrofits Projects — 85% Design Status Report and Authorization to Bid BACKGROUND: In 2014, the City submitted a Safety Grant funding application to WSDOT for a project to improve safety at intersections and corridors throughout the city. The City was awarded total funding of $913,600 with $16,500 in local match for design. This project will install flashing yellow signal indications at 17 intersections (See attached list for intersection locations) to improve safety and operations. In addition, at the SR 161 at S 3481h Street (SR 18) intersection, advance overhead lane use control signs will be installed on the eastbound and southbound approaches to provide positive guidance. The following provides a brief synopsis of the progress on the projects to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Preliminary Contract Specifications • Project Design to 85% • Environmental Documentation) Ongoing Tasks Include: • Final Contract Specifications • Project Design to 100% PROJECT ESTIMATED EXPENDITURES: Design Right -Of -Way Acquisition 2015 85% Construction Cost Est. 10% Construction Contingency Construction Management Submittals and approval $137,017.00 N/A $666,765.00 $ 66,677.00 $ 59,000.00 TOTAL PROJECT COSTS $929,459.00 PROJECT AVAILABLE FUNDING: City Safety Program Grant Funding (Federal) $913,600.00 City Funding $ 16,500.00 TOTAL AVAILABLE BUDGET $930,100.00 The project is within available budget. Staff anticipates bidding the project in November 2015 and awarding the project in January 2016. Construction is anticipated to commence in February 2016 with an estimated substantial completion date in August 2016. 14 City of City Wide Flashing Federal Way Yellow Arrow Retrofits Project 1. 18th Ave S at S 288th St 2. 16th Ave S at SR 509 (S Dash Pt Rd) 3. 20th Ave S at S 314th St Des 4. 23rd Ave S at S 314th St 5. 20th Ave S at S 316th St Moines 6. 23rd Ave S at S 317th St s 7rzn�t 7. 26th Ave SW at SW 320th St ;0 8. 32nd Ave S at S 320th St 9 9. 23rd Ave S at S 322nd St 1 4 10. 11th PI S at S 324th St A 11. 21st Ave SW at SW 325th PI u n � Map 02te: Apri12015 city of Federal Way GIS Oivialen 33325 8th A- S Federal Way, WA 90003 253 -035 -7000 www cltyoffederalway cam Kent 12. 21st Ave SW at SW 334th St O T s zeatn 5t 13. 20th Ave S at S 336th St, 14. 21st Ave SW at SW 344th St Q 15. SW Campus Dr at Wineo Driveway Federal 0 T . Federal 16. 9th Ave S at S 348th St (N-S) 17. 16th Ave S at S 344th St (E -W) Way 18. SR 161 at SR 18 (SB & EB Overhead Lane Use Control Signs) S 304th St N 0 SW 312th St A. w ~ 312th St P� SI't3a��' SVV 320th St 4. 1� A e. rn r. Pill ro > L Tacoma A � 'L 4 (0 0 SW 320th St 3 ni ®Wcath 4 �Or ,4 SVV 356th St w z Q 2a� �Of 0 Fife CITY OF Federal Way R. terikelPMTrattic #ProlectstTraPflc SlgnalsWapsTfas9 © 0 0 Le) S 320th St 0 0 r S S 324th St u M a ® 5 340th Ste rn a 3� Q v S 330 St v L yt5 IA > T, w W F �D Milton Way PAA a 2 '0 0 1,0 Federal Way PAA 0 Edgewood This map is intended for use 0 0.5 1 as a graphical representation. Miles The City of Federal Way makes N owRetrorlt mxd15 no warranty as to its accuracy 0 11b 5� Vb S+►,P 0 SW 320th St 3 ni ®Wcath 4 �Or ,4 SVV 356th St w z Q 2a� �Of 0 Fife CITY OF Federal Way R. terikelPMTrattic #ProlectstTraPflc SlgnalsWapsTfas9 © 0 0 Le) S 320th St 0 0 r S S 324th St u M a ® 5 340th Ste rn a 3� Q v S 330 St v L yt5 IA > T, w W F �D Milton Way PAA a 2 '0 0 1,0 Federal Way PAA 0 Edgewood This map is intended for use 0 0.5 1 as a graphical representation. Miles The City of Federal Way makes N owRetrorlt mxd15 no warranty as to its accuracy This page left blank intentionally. 16 COUNCIL MEETING DATE: October 20, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016 Planning Commission Work Program POLICY QUESTION: How should the 2016 Planning Commission Work Program be prioritized? COMMITTEE: Land Use /Transportation Committee (LUTC) MEETING DATE: October 5, 2015 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Margaret H. Clark, Principal Planner DEPT.: Community Development Attachments: Exhibit A — September 18, 2015, Staff Report to the LUTC Options Considered: 1) Approve the Mayor's Recommendation on the 2016 Planning Commission Work Program as outlined in Section F of Exhibit A — September 18, 2015, Staff Report to the LUTC; 2) Adopt the Mayor's Recommendation as further amended by the LUTC; 3) Do not adopt the Mayor's Recommendation. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: WIRr Council Initial/Date f ;, v APPROVAL: s. � 6 /� — IniliaVLiate COMMITTEE RECOMMENDATION: "I move to forward the Mayor's Recommendation to the October 20, 2015, City Council meetingfor approval. " Bob Celski, Committee Chair Kelly Maloney, Committee Member Lydia Assefa- Dawson, Committee Member PROPOSED COUNCIL MOTION: `I move approval of the Mayor's Recommendation. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2015 RESOLUTION # 17 Z MEMORANDUM DATE: September 18, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Michael A. Morales, Community Development Director Margaret H. Clark, AICP, Principal Planner VW04' SUBJECT: 2016 Planning Commission and Long Range Planning Work Program A. BACKGROUND The Planning Commission's Work Program is approved by the City Council on a yearly basis. The purpose of this memorandum is to update the Land Use /Transportation Committee (LUTC) as to the status of the 2015 Work Program and to provide the Mayor's recommendation on the 2016 Planning Commission Work Program. B. THIS MEMORANDUM INCLUDES THE FOLLOWING INFORMATION • Section C — Status of the 2015 Planning Commission Work Program • Section D — 2016 Annual Comprehensive Amendments and Citizen - Initiated Code Amendments • Section E — Other Long Range Planning Responsibilities. This is a list of other long range planning responsibilities that are not part of the Planning Commission Work Program, but are required to be done by long range planning staff. • Section F — Potential Planning Commission Work Program/Mayor's Recommendation C. STATUS OF THE 2015 PLANNING COMMISSION WORK PROGRAM All of the discretionary items that are currently identified in each of the categories (High, Medium, and Low) were prioritized into those categories last year by the City Council. 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Cd 23 o N � ,r; G. 0 U 0 ro A a O O i D. 2016 ANNUAL COMPREHENSIVE PLAN AMENDMENTS AND CITIZEN - INITIATED CODE AMENDMENTS The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments to the comprehensive plan and FWRC on an annual basis. The deadline for application is September 30, 2015. All citizen - initiated requests will be subject to a "Selection" process at a later date. The City Council may introduce code amendments at any time during the year for consideration at their discretion. E. OTHER LONG RANGE PLANNING RESPONSIBILITIES The following describes reporting or monitoring work required by the state, county, or other agencies. This is part of the Long Range Division Work Program, but not part of the Planning Commission Work Program: ITEM STATUS Required Prepare a report for the Puget Sound Regional Council on the Due at the end of February 2016 number of residential building permits broken out by type for 2015 Prepare a report on building permit and other housing- related data to Due at the beginning of April 2016 the Washington Office of Financial Management, which will be used to determine the population of the City as of April 1, 2016 Review proposed amendments to the King County Countywide Staff works on this item whenever Planning Policies (CWPP's), as necessary, and provide information King County proposes amendments to the city council for ratification to the CWPP's Courtesy Requests Respond to surveys from research institutions This is not a requirement; however, staff generally provides responses F. POTENTIAL 2016 PLANNING COMMISSION WORK PROGRAM/MAYOR'S RECOMMENDATION The long range planning staff is comprised of 1.5 Full Time Equivalents (FTE) and the current planning staff is comprised of 3.5 FTE's, for a total of 5.0 FTE's. Long range planning activities include comprehensive plan amendments, code amendments, and monitoring and reporting development activity. Historically we have carried over items on the work program from one year to another if they have not been completed in the previous year. In addition, code amendments are frequently added after the work program has been adopted as the need arises. Consequently, the annual work program has, in reality, always been a multi -year work program. In order for the 2016 Work Program to be achievable, the Mayor recommends reprioritizing the carryover items from the 2015 Work Program and paring it back as follows: Staff Report Meeting Date: October 5, 2015 2016 Planning Commission and Long Range Planning Work Prog,?A Page 7 I. POTENTIAL 2016 WORK PROGRAM REQUIRED ACTIONS ESTIMATED TIME FRAME FOR COMPLETION 2016 Annual Comprehensive Plan Update (one received Depends on number of requests and scope of to date ) amendments to the Comprehensive Plan document 2016 Citizen -initiated code amendments (none received Depends on number of requests to date) Adopt marijuana - related code amendments in response I" Qtr. 2016 to its legalization within the state of Washington DISCRETIONARY ACTIONS Amend the language in the Environmental Policy related 1sT Qtr. 2016 to the time horizon of the Planned Action SEPA Advocate for legislation to address the sustainability of 2nd Qtr. 2016 manufactured home parks Review of growth targets as they relate to multi - family 2n Qtr. 2016 housing Amend regulations to address development regulations 3r Qtr. 2016 and design uidelines in the City- Center Adopt an ordinance establishing a historic preservation 3` Qtr. 2016 program and request certification as a "Certified Local Government." Amend regulations to broaden uses and standardize bulk 4 Qtr. 2016 and dimensional requirements by zone, and to provide more appropriate setbacks and landscape buffers for commercial uses. This code amendment would also address types of improvements or structures allowed in required yards II. ITEMS DOCKETED FOR 2017 The following items are on the 2015 Planning Commission Work Program. However, the Mayor recommends that they not be part of the 2016 Work Program to better reflect available resources and establish realistic expectations. These items have been docketed for the 2017 Work Program. Items on this list will also be worked on if staff completes all of the items listed under Section F(I). • Amend process for updating the comprehensive plan • Amend regulations to increase exempt levels for a threshold determination under the State Environmental Policy Act (SEPA) • Adopt zoning regulations for the Twin Lakes Commercial Sub -Area III. HOUSEKEEPING CODE AMENDMENTS These are amendments that may be necessary at any time of the year to ensure the implementation of existing code language and may rise to a high priority. K:\2016 Planning Commsision Work Program \092115 Staff Report.doc Staff Report Meeting Date: October 5, 2015 2016 Planning Commission and Long Range Planning Work Progr1aA Page 8 This page left blank intentionally. 26 COUNCIL MEETING DATE: October 20, 2015 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT: ORDINANCE: Amendment for Federal Way Revised Code Nonconformance Provisions.. POLICY QUESTION: Should the Federal Way Revised Code (FWRC) Chapter 19.30, "Nonconformance" and related text (FWRC 19.105 and 19.140) be amended? COMMITTEE: Land Use & Transportation Committee (LUTC) CATEGORY: ❑ Consent ® Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Leila Willoughby - Oakes, Associate Planner MEETING DATE: October 5, 2015 ❑ Public Hearing ❑ Other DEPT: Community Development Attachments: A) Memorandum to Land Use Transportation Committee dated October 5, 2015; B) Draft Ordinance, and C) September 2, 2015, Planning Commission Packet & Minutes. Background: 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 policy objective 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. Related text amendments include Chapter 19.05, "Definitions "; Chapter 19.105, "General Development Regulations; and Chapter 19.140 "Signs" of the Federal Way Revised Code. Options Considered: 1. Recommend City Council adopts the FWRC text amendments 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 presented. 2. Modify the proposed amendments and recommend adoption by City Council of FWRC text amendments as modified. 3. Recommend City Council does not approve the proposed amendments and provide staff with direction. MAYOR'S RECOMMEND AT ON: Forward Option 1 to the October 20, 2015 City Council Agenda for first reading. MAYOR APPROVAL: q S DIRECTOR APPROVAL: ! ° tree ouncst /<1 Initial/Date Sniti tc Initial/ CHIEF OF STAFF: 33 p 7 Cosy sI nit' ase ]nitj fD COMMITTEE RECOMME ATION :1 move to forward the proposed ordinance to First Reading on October 20, 2015. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member 27 PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (OCTOBER 20, 2015): "I move to forward approval of the ordinance to the November 3, 2015. Council Meeting for enactment. " 2ND READING OF ORDINANCE (NOVEMBER 3,2015): `1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BELL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2015 RESOLUTION # W CITY OF FEDERAL WAY MEMORANDUM DATE: September 21, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Michael A. Morales, Community Development Director Leila Willoughby- Oakes, Associate Planner do,," SUBJECT: Amendments to Federal Way Revised Code (FWRC) Pertaining to Nonconforming Uses, Developments, and Lots — Chapter 19.30 `Nonconformance' PURPOSE The purpose of this code amendment is to establish a consistent and intentional policy direction on how the city would like to address nonconforming uses, developments, and lots. Staff has observed there are a number of problems with language in Chapter 19.30, `Nonconformance' and related sections of the Federal Way Revised Code. Certain provisions are unclear, while others appear disproportionate to the impact being addressed or the work proposed. BACKGROUND: 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, that trigger or require the owner to correct the existing nonconformance(s). For example, the current FWRC Title 19, " Zoning and Development Code," requires a site achieve conformance when adding new square footage to an existing building. PROPOSED AMENDMENTS: Summary – Significant Policy Changes 29 Proposed Existing Provisions Description of Change Rationale Amendment Definitions New and revised definitions: To clarify and enhance • Illegal Nonconformance the administration of • Legal Nonconformance development regulations. • Nonconforming Development • Nonconforming Lot • Nonconforming Use • Nonconformance • Abandonment • Redevelopment (Water Quality) • "Structural Alteration" definition removed Nonconforming Loss of nonconforming use New trigger : • A trigger based on an status trigger Uses: • Any increase in gross floor increase insquare 29 ,...any existing use • Structural alteration area triggers loss of status. footage is more which is currently not • Work exceeding 15% of predictable for permitted in the the value of the existing Eliminated triggers: property owners, zoning district in improvements • Structural Alteration businesses, and staff. which it is located. ' . Abandonment • 15% of existing improvement value. Nonconforming • Conformance is required if • No conformance required • The square footage Development : work proposed exceeds when adding > 2,500 square trigger employs ,...any buildings, 50% of value of existing feet or 25% of existing square proportional structures, or improvements. footage. conformance with the improvements, which . Any increase in square • For larger developments no scale of the do not conform to the footage requires some conformance required when improvement current bulk and level of conformance. adding L4,900 square feet or proposed. dimensional . In some circumstances the 10% of existing square • Geographic standards and other code triggers geographic footage. conformance is regulations of the conformance. This refers • Geographic conformance difficult to apply zoning district in to conformance with provision eliminated. consistently from site which they are development regulations to site. located, including in the area of the site low impact impacted by the proposed development. ' activity (not entire site). Nonconforming • Substandard (area) • Substandard (area) contiguous • Enables utility of Lots: contiguous lots may not be lots may be developed if < substandard lots of any lot that does developed if under 50% of the underlying zoning. reasonable size and not conform to the common ownership. facilitates current standards of development capacity the zoning district in in Federal Way. which it is located.' Damaged and Conformance required when • Damaged/destroyed • Enables owners to re- Destroyed the value of replacement is < structures may be establish Nonconforming 75% of the existing replaced on a improvements after Uses/Developments structure's value. `like for like' basis. catastrophes that are no fault of their own. Conformance Valuation trigger applies to • Valuation trigger removed. • Properties can be made Required by nonconformities that are • Nonconforming developments whole without hardship Government Action caused by public projects are not subject to conformance to owners and cost to (generally right -of -way triggers if nonconformance was city. acquisition). caused by governmental action. Re- organization/ a. Nonconforming signs a. Nonconforming sings a. Easier reference. Miscellaneous located in relocated to `Signs' chapter,. Changes `Nonconformance' cha ter. b. On nonconforming b. Repair of site improvements b. Applicants should developments if a use applies to all properties in the repair improvements to ceases for more than one city; nonconforming and the standard and quality year the improvements conforming. in which they were first shall be repaired to the approved upon re- standard and quality of the opening a vacant original land use /planning building. This should division approval. apply in all instances on Examples: replacement of both nonconforming and dead landscaping, repair of conforming sites. The broken curbing, etc. amendment strengthens 30 Analysis Overall the amendments represent an effort by the City to establish consistent policies. Secondly, the amendments expedite the permitting process by removing unpredictable regulations for applicants proposing expand or improve nonconforming properties. The amended regulations establish clearer, concise and measurable thresholds, based on square footage, triggering when a use or development is required to establish complete conformance. For example, all triggers based on valuation of existing improvements versus valuation of proposed work are eliminated on the following grounds. These triggers are difficult to administer because appraisals of existing improvements may not be accurate or consistent, assessments of the value of proposed work may not be accurate. Further, legal nonconforming developments may now make minor expansions of gross floor area without requiring conformance with development regulations in place at the time of a new application. No substantive changes were recommended by the commission; however, the commission did direct staff to clarify several provisions related to timing of additions to nonconforming developments. RECOMMENDATIONS: 1. Mayor's Recommendation: The Mayor recommends that LUTC forward to City Council the text amendments as identified in the Draft Ordinance with a recommendation for approval; 2. Planning Commission Recommendation: The Commission recommends the Federal Way Revised Code FWRC text amendments, with a minor adjustment, be forwarded to LUTC and City Council as identified in the Draft Ordinance, with a recommendation for approval. cc: Project File Day File 31 city regulations needed to maintain aesthetics and repair dilapidated developments. c. Special provisions for c. Provision struck; simplified and c. Repetitive regulations. residential uses. addressed elsewhere in chapter 19.30 FWRC. Analysis Overall the amendments represent an effort by the City to establish consistent policies. Secondly, the amendments expedite the permitting process by removing unpredictable regulations for applicants proposing expand or improve nonconforming properties. The amended regulations establish clearer, concise and measurable thresholds, based on square footage, triggering when a use or development is required to establish complete conformance. For example, all triggers based on valuation of existing improvements versus valuation of proposed work are eliminated on the following grounds. These triggers are difficult to administer because appraisals of existing improvements may not be accurate or consistent, assessments of the value of proposed work may not be accurate. Further, legal nonconforming developments may now make minor expansions of gross floor area without requiring conformance with development regulations in place at the time of a new application. No substantive changes were recommended by the commission; however, the commission did direct staff to clarify several provisions related to timing of additions to nonconforming developments. RECOMMENDATIONS: 1. Mayor's Recommendation: The Mayor recommends that LUTC forward to City Council the text amendments as identified in the Draft Ordinance with a recommendation for approval; 2. Planning Commission Recommendation: The Commission recommends the Federal Way Revised Code FWRC text amendments, with a minor adjustment, be forwarded to LUTC and City Council as identified in the Draft Ordinance, with a recommendation for approval. cc: Project File Day File 31 ORDINANCE NO. 15- AN ORDINANCE of the City of Federal Way, Washington, relating to Nonconformance; amending FWRC 19.05.010, 19.05.090, 19.05.120, 19.05.140, 19.05.180, 19.05.190, 19.30.010, 19.30.020, 19.30.030, 19.30.040, 19.30.050, 19.30.060, 19.30.070, 19.30.080, 19.30.090, 19.30.095, 19.30.100, 19.30.120, 19.30.130, 19.30.140, 19.30.150, 19.30.160, 19.30.170, 19.30.200, 19.30.210, 19.105.010, 19.105.100, and 19.140.210. (Amending Ordinance Nos. 90 -43, 91 -113, 92 -135, 92 -144, 95 -235, 95 -245, 97 -307, 97 -291, 99 -347, 99 -357, 01 -398, 02 -419, 02 -420, 04 -457, 04 -468, 05 -486, 06 -515, 08 -585, 09- 593, 09 -595, 09 -596, 09 -605, 09 -607, 09 -610, 09 -630, 10 -652, 10 -674, 11 -700, 12 -713, 12 -724, 13- 754,14 -778, and 15 -797). WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ( "FWRC "), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations. as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt amended development regulations related to nonconforming uses, developments and lots; and WHEREAS, the proposed amendments would add certain new definitions and amend existing definitions in Chapter 19.05 FWRC that are necessary to administer the code and enhance clarity and usability; and WHEREAS, the proposed amendments would modify FWRC 19.105.010, regarding Nonconforming lots (buildable lots) to enable development on contiguous lots under the same ownership that are nonconforming with regard to lot size if said lots are at least 50 percent of the required lot area of the underlying zone; and Ordinance No. 15- 32 Page 1 of 33 Rev 1115 LU WHEREAS, the proposed amendments would add a new section, FWRC 19.105.210, requiring the repair of site improvements if a use conducted on a subject property has ceased for more than one consecutive 12 month period; and WHEREAS, the proposed amendments make numerous changes to Chapter 19.30 FWRC nonconformance to implement a consistent policy, establish more proportional compliance triggers, and clarify unclear provisions; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the proposal on August 20, 2015, and no comments or appeals were received, and accordingly the DNS was finalized on September 21, 2015; and WHEREAS, the Planning Commission conducted one study session on these amendments to the nonconformance Chapter of the FWRC on July 15, 2015; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on September 2, 2015, and forwarded a recommendation of approval with a minor text addition to the City Council; and WHEREAS, a notice of intent to adopt the proposed code amendments was sent to the State Department of Commerce requesting an expedited review on September 2, 2015, for a review and comment period; and, WHEREAS, the Land Use and Transportation Committee of the Federal Way City Council considered these code amendments on October 5, 2015, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. Ordinance No. 15- 33 Page 2 of 33 Rev 1115 LU (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring more consistent policies and efficient review processes on proposals related to nonconforming uses, nonconforming developments and nonconforming lot, and these code amendments reduce unpredictability for applicants seeking expansion or improvement on residential and non - residential properties. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG] Create an attractive, welcoming and functional build environment. LUG2 Develop an effective and timely development review process based on a public /private partnership LUPI Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. LUC3 Preserve and protect Federal Way's single family neighborhoods. LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon permit review process. LUP14 Protect residential areas form impact of adjacent non - residential uses Ordinance No. 15- 34 Page 3 of 33 Rev 1115 LU 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. EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies and programs. EDP8 Promote redevelopment of existing underdeveloped areas as a means to sustain the economy and provide jobs. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they will serve.to implement a more consistent and balanced approach to bringing nonconforming sites and uses into compliance with current zoning and development regulations. The regulations will have the effect of prohibiting increases in nonconformance and requiring correction of nonconformance as redevelopment occurs, which is proportional to the work is being performed and encourages nonconforming properties to re- invest in order to remain viable and occupied. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because the proposed amendments will result in the gradual and in some instances immediate correction of nonconforming properties, but not unduly hinder re- investment and improvement of nonconforming properties in the City of Federal Way. Section 3. FWRC 19.05.010 is hereby amended to read as follows: 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 mertgage foreclosure. "Abandoned personal wireless service facility" means a PWSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or Ordinance No. 15- 35 Page 4 of 33 Rev 1115 LU (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental in size, scale, design, or purpose to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. See FWRC 19.265.010. "Accessory dwelling unit (ADU)" means either a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or an attached part of a structure which is accessory to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. See FWRC 19.265.020. ADUs include: (1) "ADU, attached" means an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit. (2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. "Accessory living facility" means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner /operator and that person's family. "Active uses" means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use" shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go -go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama" and "peepshow" shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult- oriented merchandise; or (b) Provides, as its substantial stock -in- trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult- oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at Ordinance No. 15- Page 5 of 33 Rev 1115 LU 36 least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "Adult- oriented merchandise" shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD -ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190). "Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See defmition of "urban agriculture." "Air rights" means the right to control the use of the space above the surface of the ground. "AKART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium" means soil deposits transported by surface waters. Animal Care Facility. See definition of "animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. "Antenna(s)" means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (1) "Omni - directional (or `whip') antenna(s)" transmits and receives radio frequency signals in a 360 - degree radial pattern. (2) "Directional (or `panel') antenna(s)" transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) "Parabolic (or `dish') antenna(s)" is a bowl- shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) "Ancillary antenna" is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. "Antique" or "collectible" means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. "Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. "Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. Ordinance No. 15- Page 6 of 33 Rev 1115 LU 37 "Architectural embellishments for sign regulations" means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Average building elevation (ABE)" means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. Alow ad iulding -7 ------- Height I a 6 I I I F 1 I I i f --—- ------ Lowe-st Re *pe 1ce "Ohest aeunion datum (AB E) 9euition "Average slope" means the average grade of land within each land area representing a distinct topographical change. "Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Section 4. FWRC 19.05.090 is hereby amended to read as follows: 19.05.090 I definitions. " Ille al Noncan ormance " 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 nonconformin lots uses and developments as defined in this Cha ter. "Improvement" means any structure or manmade feature, including but not limited to buildings, driveways, roads (with or without curbs or gutters), sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers, drainage facilities, and planted street trees. "Industrial- commercial zone" means the CE zoning district. "Industrial uses" means those uses allowed only in the CE zone as listed in FWRC 19.240.010 through 19.240.040. "Inflatable advertising device" means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. "Ingress /egress and utilities easement" means privately owned land used and legally committed, through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the public. See definition of "vehicular access easement or tract." Ordinance No. 15- Page 7 of 33 Rev 1115 LU 38 "Inoperable motor vehicle" shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is unable to move a distance of 10 feet on level pavement under its own power. "Institutional uses" mean the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities. "Invasive species" include non - native species of plants or animals that out - compete native species in a specific habitat and that cause or are likely to cause economic or environmental harm or harm to human, animal or plant health. Invasive species include species on the noxious weed list maintained by the King County noxious weed control board. See also "native vegetation" and "nuisance vegetation." "Irrevocable license" means a written irrevocable permission given by a property owner to the city for specified purposes. Section 5. FWRC 19.05.120 is hereby amended to read as follows: 19.05.120 L definitions "Land division " means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. "Landscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. "Landward" means toward dry land. `Leal Nonconformance " means those uses developments, or lots that complied with the zonin re lations 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 le al nonconforming lots uses an d developments as defined in this Chapter. "Linear frontage of subject property" means the frontage of the subject property adjacent to all open, improved rights -of -way other than Interstate 5. If the subject property is not adjacent to an open, improved right -of -way, "linear frontage" means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights -of- way. "Lot" means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to metes and bounds, or to section, township and range. "Lot area " means the minimum lot area per dwelling unit based on the underlying zone. For single - family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not be credited in calculation of minimum lot area. "Low density use" means a detached dwelling unit on a subject property that contains at least five acres. "Low density zone " means the following zones: SE and comparable zones in other jurisdictions. "Low impact development (LID) " means a stormwater management strategy that emphasizes conservation and use of existing features integrated with distributed, small -scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Section 6. FWRC 19.05.140 is hereby amended to read as follows: Ordinance No. 15- 39 Page 8 of 33 Rev 1115 LU 19.05.140 N definitions "Native vegetation " includes native, undisturbed areas or rehabilitation of previously disturbed areas that consist of trees, plants, forest litter, and understory indigenous to the Pacific Northwest or near natives that are suitable for the Pacific Northwest climate. Invasive species, such as Himalayan Blackberry or Scotch Broom, are not native species. "Natural features " means physical characteristics of the subject property that are not manmade. "Natural materials" means materials chemically unaltered from their natural state. "Natural surveillance " means easy observation of buildings, spaces, and activities by people passing, living, working, or recreating nearby. "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 or that was not appr-eved by the raity of Federal Way diFeugh the appFepr-iate deeision making py-eeess required undeF this title. "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 parking re urements lot covers a and drainage facilities including low im act develo meat. "Noncan ormin Lot" means an lot which does not conform to the current standards of the zonin district in which it is located. "Noncon ormin U,se" means any existing use which is currently not permitted in the zoning district in which it is located. "Nonliving groundcover " means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. "Nonmotorized vehicles " includes but is not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers. "Normal maintenance " includes interior and exterior repairs and incidental alterations. "Normal maintenance and repair" includes, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. "Incidental alterations " includes, but is not limited to, construction of nonbearing walls or partitions. "Notice of determination " for sign regulations means the determination that the city issues as to whether a sign conforms to this title and other sections of this Code. "Nuisance vegetation " shall mean any tree or vegetation that, in the opinion of the city or an expert approved by the city (such as, but not limited to, a professional forester, certified arborist, or landscape architect), is an invasive variety, is an allergen, or due to its location is causing or is likely to cause damage to a permanent structure, or other economic or environmental harm or harm to human, animal, or plant health that cannot be mitigated without removal of the tree or vegetation. "Nursing home " means the same as "convalescent center." Ordinance No. 15- Page 9 of 33 Rev 1115 LU 40 Section 7. FWRC 19.05.180 is hereby amended to read as follows: 19.05.180 R definitions "Redevelop or Redevelopment Project " for the purpose of nonconforming water quality (improvements) means a project that proposes to add =lace, or modia impervious surface for puEposes other than a residential subdivision or maintenance on a site that is alread substantially develo ed in a manner consistent with its current zonina, or with a le al nonconforming use or has an existing impervious surface covera a of 35 nercent or more. Water qudity for the entire subject ]2rgpeqy must be brought into compliance with the Federal Way Revised Code "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self - propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot. "Registration sticker" for the purpose of sign regulations means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this title and other sections of this Code. "Regulated lakes " means lakes that are less than 20 acres in size that are not regulated as shorelines of the state. Vegetated areas that are located in and around the margins of regulated lakes shall comply with wetland regulations. "Relative " means persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. "Required yard" means the area adjacent to and interior from a property line or the ordinary high water mark (OHWM) of a lot, as prescribed by regulations, and is the minimum required distance between a structure and a specific line, such as a property line, edge of private tract, or vehicular access easement that is required to remain free of structures. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are categorized as follows: (1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards. "Residential use" means developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. "Residential zone" means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. "Restaurant " or "tavern " means commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises. "Retail establishment" means a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. "Retail sales, bulk, " means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods, involving a high volume of sales of products in a warehouse setting, and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: Ordinance No. 15- Page 10 of 33 Rev 1115 LU 41 (1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (2) A large inventory of goods and merchandise is stored on the subject site in high - ceiling warehouse areas, high -rack displays, and/or outdoor storage areas; and (3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick -up area, and high parking -to- building ratios. "Retail sales, general and specialty, " means a retail establishment that is not engaged in bulk retail and includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc., typically selling to the general public and is differentiated from bulk retail by the size of the building, size of items purchased, sales volume, and typically does not sell at a discount or in a volume warehouse store. "Retail shopping center, regional" means a series of unified commercial establishments that provide retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to a state or federal highway, with shared parking facilities, with a combined gross floor area of at least 500,000 square feet, and with all or some of the stores configured with an inward orientation and connected with common interior walkway(s). "Right -of -way, " in addition to its normal meaning, may include, for purposes of the community design guidelines or sign regulations, land privately owned, used primarily for the movement of vehicles or pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right -of -way. "Right -of -way realignment" means the changing of the horizontal position of the improvements in a right -of -way. "Roofline " means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard. "Runoff" means the overland or subsurface flow of water. Section 8. Chapter 19.30 section list of the Federal Way Revised Code is hereby amended and adds new sections to read as follows: Chapter 19.30 NONCONFORMANCE Sections: 19.30.010 Purpose and intent. 19.30.020 Administration. 19.30.030 Abatement of nonconformance that was illeizal when initiated. 19.30.040 immediate compliance with certain provisions required. n 19.30.050 Certain nonconformances Vecifically re gglated. Aba4ement of noneenfeimmee that was illegal when inifiated 19.30.060 Regulation of legal nonconforming uses not identified in particular zoning districts. r ° 30.079 CeAain nenr.-en€eiinanees speeifieally icgdiutedGeneral! 19.30.0790 Nonconforming use. 19.30.080 Nonconforming lots ots (buildable lots). 19.30.090 Nonconforming development. Ordinance No. 15- 42 Page 11 of 33 Rev 1115 LU 19.30.095 Nonconforming signs. 19.30.100 r` oneon f aping °: F. S ecial rovisions for dams ed im rovements. 19.30.110 When public improvements must be installed. 19.30.120 Nonconforming water quality improvements. t o 7 30 :t 30 SpeeW Yi v� s f re a t 19.30.1340 Nonconforming accessory dwelling units. 19.30.14 -50 Nonconforming adult entertainment, activity, retail, or use. 19.30.150-5 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. Section 9. FWRC 19.30.010 is hereby amended to read as follows: 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 straetur -e and to provide standards defmina beating the circumstances in which nonconforming uses, developments, and lots strae4wes 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 (see buildable lot, r°� FWRC 19.105.010). (2) Ensure -a reasonable opportunitiesy for the use, maintenance, and minor improvement of legally nonconforming developments , , , even wher-e these buildings, stmetur-es and features do not eemply with developmem mgt4ii asMibed by this title, with the eedes and !a-ws in- at .he- time of .and allow a reasonable opportunity for changes in use and tenants of nonconforming developments. (3) Ensure a reasonable opportunity for continuation of legally established nonconforming uses, but prohibit their expansion. -et in A,Meh they l-eeuted. (4) Encourage the removal and replacement of nonconforming uses with conforming usesg t......pAi....ly uuuvouuv czxirp[tccsoirvvnxvrxiragavcJ. (5) Encourage the upgrading of nonconforming developments to conforming developments stfuetur-es and site development features whieh de net eemply with '' ' r * regulations prescribed by this title. Section 10. FWRC 19.30.020 is hereby amended to read as follows: Ordinance No. 15- 43 Page 12 of 33 Rev 1115 LU 19.30.020 Administration. This chapter establishes when and under what circumstances nonconforming aspects of a use, 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,�development, or lot on the subject pr -epe t that is nonconforming not pefmitte d under this title. Section 11. FWRC 19.30.030 is hereby repealed in its entirety as follows: Section 12. FWRC 19.30.040 is hereby repealed in its entirety as follows: 1 WITr1�52"77MET MMM MW WIN OR Section 13. FWRC 19.30.050 is hereby amended to read as follows: 19.30.03 -50 Abatement of illegal nonconformance that was iflegal when init . (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 a legal 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. Section 14. FWRC 19.30.060 is hereby amended to read as follows: 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 19.105.030M; (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 it with *h-e appropriate fire safety eff ei l Ordinance No. 15- Page 13 of 33 Rev 1115 LU 44 - Mt. .. . .......... Section 12. FWRC 19.30.040 is hereby repealed in its entirety as follows: 1 WITr1�52"77MET MMM MW WIN OR Section 13. FWRC 19.30.050 is hereby amended to read as follows: 19.30.03 -50 Abatement of illegal nonconformance that was iflegal when init . (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 a legal 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. Section 14. FWRC 19.30.060 is hereby amended to read as follows: 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 19.105.030M; (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 it with *h-e appropriate fire safety eff ei l Ordinance No. 15- Page 13 of 33 Rev 1115 LU 44 (d) Nonconformance with the provisions in Chef -19.125T ;AERG, Aftieleszm and IV, an a Chapter 19.130 FWRC; Articles V4hreugh-VH, regarding parking and storage of large vehicles in residential zones; (e) Nonconformance with the provisions in Chapter 19.140 FWRC regarding portableeer 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.) Section 15. FWRC 19.30.70 is hereby amended to read as follows: 19.30.0570 Certain nonconformances specifically regulated —teener -ally. (1 ) This cha teFW C 19-30-080 thfo ug 19. 3n T 11�n specifiesy when and under what circumstances ceila nonconformances must be corrected. If a nonconformance must be corrected under this chapter °�, 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 eeffeetiea.In additien, the ei4y will not issuea eeAifieate of zoning eemphaffiee or- permit eeeupaney until the eerreefien- is made. The city aay withhold at the discretion of the Director, all land use building ermit other approvals, and/or issuance of the certificate of occupancy until the required conformance is achieved (2) If FWRC 19.30.04 60 applies to a specific nonconformance, the provisions of this section do not apply to that same nonconformance. Section 16. FWRC 19.30.080 is hereby amended to read as follows: The development of a nonconforming lot under this section shall be subject to the buildable lots provisions of FWRC 19.105.010(2). Section 17. FWRC 19.30.090 is hereby amended to read as follows: 19.30.090 Nonconforming development. (1) All nonconformiLng aspects of a development must be brought into conformance if. aspectj a �his title, that , ether -wise improved as sot f i4 Mews (a) An applicant promoses to add to the subject nroyerty either: 2,500 square feet of new Goss floor area; or 25 percent of the gross floor area of the—building(s) on the subject property whichever is less, within M consecutive 36- month time period commencing at the time of buildingpermit issuance: or b The DropeM is abandoned. as specified gFess floor ama of any use on the subjeet property in any one of the following ways, the applieant. b, Ordinance No. 15- Page 14 of 33 Rev 1115 LU 45 (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 re uired unless: the applicant proposes to add 4,900 square feet of new gross floor area to the subject propertytgr 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 commencing at the time of building permit issuance; or fbj(4444he An increase in gross floor area of involves an existing single - family residential dwelling, the aPr n_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 , long as LW are not being iner-eased of eNpanded --'- any way New - ess floor area of --onfeFining single raeture is sub ments of this .4ed to provisions late to efitio l anal (Divi - V fthi title), off street 1 (Chapter- 19.130 l liW -M)- imtnrn�rr + (Chapter- 19.135 FVLRG), .,,,,7 1.,..,1,.,.,.. ing (Chapter- 19.125 PAW - (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. a EM propeF�y t,e o. , e.,� ..1,..,: 11 � r r �� Y J J° h 11 praetieable the year, e-h case the ., ? 3 , ...e aPPI'_ ehanges or daing any work, other- than ne maiatenanee, , e eenseeutive 12 fa M, ItoneOffi-EM I-e of the alteration; that impr-evement. The appfaisal ffmst be ffeni a state eertifie'd -eal estate appreisef. In the event this z site, the applieent shall me-et, r-espeet oeeupied J muftiple tenants or- one the 6avgr c°''Pa'ie Y eca the alteriatien; tlhiS , Ordinance No. 15- 46 Page 15 of 33 Rev 1115 LU Will U; (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 re uired unless: the applicant proposes to add 4,900 square feet of new gross floor area to the subject propertytgr 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 commencing at the time of building permit issuance; or fbj(4444he An increase in gross floor area of involves an existing single - family residential dwelling, the aPr n_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 , long as LW are not being iner-eased of eNpanded --'- any way New - ess floor area of --onfeFining single raeture is sub ments of this .4ed to provisions late to efitio l anal (Divi - V fthi title), off street 1 (Chapter- 19.130 l liW -M)- imtnrn�rr + (Chapter- 19.135 FVLRG), .,,,,7 1.,..,1,.,.,.. ing (Chapter- 19.125 PAW - (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. a EM propeF�y t,e o. , e.,� ..1,..,: 11 � r r �� Y J J° h 11 praetieable the year, e-h case the ., ? 3 , ...e aPPI'_ ehanges or daing any work, other- than ne maiatenanee, , e eenseeutive 12 fa M, ItoneOffi-EM I-e of the alteration; that impr-evement. The appfaisal ffmst be ffeni a state eertifie'd -eal estate appreisef. In the event this z site, the applieent shall me-et, r-espeet oeeupied J muftiple tenants or- one the 6avgr c°''Pa'ie Y eca the alteriatien; tlhiS , Ordinance No. 15- 46 Page 15 of 33 Rev 1115 LU (when pub lie ; e efts must be inst led) i n 30 i 20 i..,.neen f .... i -- water- quality towards the 50 per-eerA thfesheld whieh would trigger- appheation of this subseetion. (3 -2) 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, 19.30.144-0,_ 19.30 i20 and 19.135$20, all as amended. Section 18. FWRC 19.30.095 is hereby amended to read as follows: 19.30.095 Nonconforming signs. Section relocated to Chapter 19.140.210 FWRC. Section 19. FWRC 19.30.100 is hereby amended to read as follows: PZNIM ILLLU M.m IN W-M-NUMS-ININ WNW- �. _ , Ordinance No. 15- 47 Page 16 of 33 Rev 1115 LU M.m IN W-M-NUMS-ININ WNW- �. Ordinance No. 15- 47 Page 16 of 33 Rev 1115 LU Ordinance No. 15- w Page 17 of 33 Rev 1115 LU - ai • ! i i a 4 ! — r _ _ Ordinance No. 15- w Page 17 of 33 Rev 1115 LU ! i i a 4 ! — Ordinance No. 15- w Page 17 of 33 Rev 1115 LU .? . .. _ title, (4) Lees of L-gal It Wilts. AJI legal aeneenfemning sips shall be immedia-tely removed to all the provisieft i ef this and a ne pefmit secured themfiaf; and seeh legal fieffeenfenning sign shall hTmediately lose its legal neneeRfeming desipittioll when em- -4he following eveigAs tiiL�flll C t�4HNge. L The eipplican 4 m ioi�s -'iriiz of aoy st=lettife that houses or supperts the use with which the legal noneenfeEming sign is ra associated. cicxsccted r. (b) Omer ak&wfions, The applicant is nwking any change, nenmal mainteRanee-opet-Il.e.r -.-.a tenant imp f in any 1-2 moFAh period, to any stFaettwe tW e uses will- : h;—I,. fk -a I ---1 ., n„F ' t .1 and _the C 1' - 4 changes, value of those altmfions-er- otheer- work of the assessed value of th-f structure as determined by the King Geu-PAy assessor. containing the sign is abandoned for- 900 vmci. r. y fxl, legal • ) per& nifig aff yr erk to he l�' al fioneeflfem� sign other than Fegulff mal-HeFfnal maintenance. P-r-ohibited sip 1 S a" individued p de .,f'n 1.�_ 1rtr . tenant's Fw4w 0.05.030. . tea• �o errs- k�`�6 -�i (g) Bxphwdem ofamep4kademper4od. All legal noneeafeFming signs shall be discontinued Code, on or- before 1. -.1 .. Wain 10 year-s, &m the eNetive date of this February f f _. to the ei4y 41•.ereaft anre by rank «ti# rag A nF the f 11.... 4 . Code, .., .,.......3 .�,b ......,� .xxr bva•v, lxx6 vr�ee -rrer federal, (a) The sigR49-used in _a budilding which has been designated as a histerie building pur-suarA to any j Ordinance No. 15- 49 Page 18 of 33 Rev 1115 LU (e) The sW�eot sign er- signs are a good example of the prevailing signage duFifig the period ki time i was installed; an =Fac =std' s-,— or sigms haw been well maintaitied and afe not miaterially detrimerkW to r „,,,; :.e. ,t,, safety and ..e, W. NOW '1 1 Ordinance No. 15- e _ — t` ■ 50 Page 19 of 33 Rev 1115 LU aim - • mr EMR _. .A W. NOW '1 1 Ordinance No. 15- e _ — t` ■ 50 Page 19 of 33 Rev 1115 LU .A -ml - .. _ W. NOW '1 1 Ordinance No. 15- e _ — t` ■ 50 Page 19 of 33 Rev 1115 LU �., i ■ ■ would requke the eft! ens any , „ Section 20. FWRC 19.30.120 is hereby amended to read as follows: 19.30.120 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a struetafe, ' , d°lopm° „ +, �r subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance_ with the develepmei* -e +ions in F�x�nr �..1.�..�..... mob........ i� � cr. Tide 16 pertaining to water qualit p 1 Redevelopment. For the purposes of this section "redevelop ” or "i develo ment " means a Project that proposes to add replace, or modify impervious surface for pqMoses 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 Proprerty must be brought into com fiance with Title 16 FWRC where the proposed redevelo meat meets or exceeds the thresholds set forth below pursuant to this chapter. and shall be done in accordance with the a roved King Co= Surface Water Design Manual or equivalent as amended (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 Ordinance No. 15- 51 Page 20 of 33 Rev 1115 LU NOWNUM ON MI, - - ztw ki (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 Ordinance No. 15- 51 Page 20 of 33 Rev 1115 LU 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 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 Redevelopment Quality 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: Ordinance No. 15- 52 Page 21 of 33 Rev 1115 LU (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. Section 21. FWRC 19.30.130 is hereby repealed in its entirety: 19.30.130 Speeial proi4sions for- residential uses-. If the si *aet _property t aiiis a residential . e or density as result of the adeptio of this title, the f 11,.wi x,. , ..,,1..tie appYp. (1) ifthe impreveffien4s en the subjeet pfepeAy are damaged or- destfayed by any sudden cause, he str+ieWre may be rebuilt; +L-t the number- of dwelling uiiits and tho gross A.-eeff area in and an that s4bjeet property may net be inereased existed irmnediawly prier- to the damage-ff The of'thi ubseeti ] it bl f' h pp nt_� lies for- a build* .-. it •' +1, n 1-2 building zzry �a °' - applies f'� � 'r'r icrrn-t —r c1� work, ethef than He mak#enaBee, in any 12 menth period to any stme�ffe on the subject prepei4y eentaining multi housing (al4aehed and/or- staeked d-webling units) AMA- -&-i-r- ma-Aket YeA-ue of these , ether work erweeds 50 per-eepA of the assessed or- appraised Nulue ef that mufti unit stmetufe. The ra.cr , ahemfionsy ...l. :e.., + +n_all .�. ,.i: 1.1 s r ..ts ,•f 1,: f i @ lii� bi�6t 1 "—;t. A +.-, �� -suj efAiea4 areas (FAERG Title > Division > eff a (Chapter- 19.135 F 7R-C) and 1.,n,ls..apin. (Chapter 19.125 P1;aG) , alterations, adding impFe'vem-en"s or doing efhep-N�� Ordinance No. 15- Page 22 of 33 Rev 1115 LU 53 Section 22. FWRC 19.30.140 is hereby amended to read as follows: 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 oflegal nonconforming ADUstatus. A147Legal 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: (a) Increase in square footage. The applicant increases the gross floor area of the any ADU; or of that n J r as aete ea by the King r (b c-) 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. C� Gh g i } i a� #i-�s�i i �i�r.�� al term is defined -by '� t` I�+ ?" �- iri- crcrG '�crf?--.au�- c7c+�- crcr -c-E's Section 23. FWRC 19.30.150 is hereby renumbered to read as follows: 19.30.14 -50 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 Ordinance No. 15- Page 23 of 33 Rev 1115 LU 54 • • w o . _ • _ • Mr _ • Section 22. FWRC 19.30.140 is hereby amended to read as follows: 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 oflegal nonconforming ADUstatus. A147Legal 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: (a) Increase in square footage. The applicant increases the gross floor area of the any ADU; or of that n J r as aete ea by the King r (b c-) 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. C� Gh g i } i a� #i-�s�i i �i�r.�� al term is defined -by '� t` I�+ ?" �- iri- crcrG '�crf?--.au�- c7c+�- crcr -c-E's Section 23. FWRC 19.30.150 is hereby renumbered to read as follows: 19.30.14 -50 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 Ordinance No. 15- Page 23 of 33 Rev 1115 LU 54 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. Section 24. FWRC 19.30.155 is hereby amended to read as follows: 19.30.150-5 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. AH-L�al 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 i i ruasing increases the gross floor area of the principal use on the subject property whereon the container is located =; or is making any ehange, alterwien, or- peizfefming work er , a it ef ati ens,, +iher 4tr Vrliti- i.Tti'QiiR -�} 01a (c) Abandonment. The subject property containing the storage container is abandoned for 90 or more consecutive days_ —Wow M iffe. Them has been a Mange in use on the subjeet pr-epefty as4 W, teef—_Hss defined by � 1– 1 _5.030. Section 25. FWRC 19.30.160 is hereby amended to read as follows: 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 Ordinance No. 15- 55 Page 24 of 33 Rev 1115 LU 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 of property for right -of -way expansion (including easements). (a) A proposal for improvements or stmetufa a4er- tions eha -age in use- shall not trigger a requirement otherwise applicable under FWRC 19.30.090 that an applicant correct an existing nonconformance, w , , 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 (ii e) 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 relocates: nonconforming imDrrovements, 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 i£ (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. Section 26. FWRC 19.30.170 is hereby amended to read as follows: 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 application for compliance with this chapter oeFFeetie . In addition, the city will not issue a land use approval or building permit until the correction is made. Ordinance No. 15- 56 Page 25 of 33 Rev 1115 LU - '� - - 'I - a =1 - =1 I M-0 ars (ii e) 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 relocates: nonconforming imDrrovements, 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 i£ (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. Section 26. FWRC 19.30.170 is hereby amended to read as follows: 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 application for compliance with this chapter oeFFeetie . In addition, the city will not issue a land use approval or building permit until the correction is made. Ordinance No. 15- 56 Page 25 of 33 Rev 1115 LU (1) A nonconforming use as defined in FWRC 19.145.480 may be continued unless the thresholds of FWRC 19.30.07 ,90 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. Section 27. FWRC 19.30.200 is hereby amended to read as follows: 19.301100 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 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. Section 28. FWRC 19.30.210 is hereby amended and renumbered to read as follows: 19.30.20 -10 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. Section 29. Chapter 19.105 section list of the Federal Way Revised Code is hereby amended and amended to adds new sections to read as follows: Chapter 19.105 GENERAL DEVELOPMENT REGULATIONS Sections: 19.105.010 Buildable lot ire. 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. Ordinance No. 15- 57 Page 26 of 33 Rev 1115 LU Section 30. FWRC 19.105.010 is hereby amended to read as follows: 19.105.010 Buildable lot in.-I c-1.1-- (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 legal - buildable lot ing site. A lot or parcel is a /-gal- buildable lot ifig 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 comj2ly with all other provisions of the FWRC or other applicable negulations, 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 nonconformiqg lot and the owner does not own conti ous lots, or The es , subsequei# te 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 equals at least 50 percent of the minimum lot size re uired. If that is not possible, all lots under canti ous ownership are combined into one lot, which may then be developed. d The intent of this exce Lion shall not be to construe remmant 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 erroas, public or private easements, and assessor "tax parcels" created by segregation Section 31. FWRC 19.105 of the Federal Way Revised Code is hereby amended to read as follows: 19.105.100 Repair of site improvements. If the use conducted on the subject propefty has ceased for more than one consecutive 12 month riod the gapplicant shall re air and/or restore the existing improvements on the site e. g., drainage, Iandsca in curbiDg. Rarking striping, etc. to a condition as near as physically possible to the condition re ed under the approvals) of the existing development. This provision shall be implemented as a condition of the building hermit, land use, -or subdivision approval. Section 32. Chapter 19.140 section list of the Federal Way Revised Code is hereby amended to add a new section to read as follows: Ordinance No. 15- M Page 27 of 33 Rev 1115 LU 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 si ns. Section 33. FWRC 19.140 of the Federal Way Revised Code is hereby amended to add a new section Nonconforming signs to read as follows: 19.140.210 Nonconforming signs. i Purpose. Zn order to ease the economic impact of this Code on businesEpersons with substantial investment in siggs in existence on the date of adoption of this Code or on the date of annexation if located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state During this period, it is expected that the sign may he amortized in its value over this 10, ear time period and/or mgy be amortized for federal income tax u oses rovided however, that whether a sign is amortized for tax puMoses shall not affect the application of this section. 2 De anitions. A "noncon orinin si " memos an 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 ci!y thereafter, but which does not comply with the sign regulations of Chapter 19.140 FWRC Sims- or my other sections of this Code. AM terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC. Ordinance No. 15- Page 28 of 33 Rev 1115 LU 59 (3) Legal nonconformance. a Eli ibili . Any nonconforming sism located within the pit limits on the date of ado tion of this Code ELbruaDL28, 199.0 or on the date of annexation if located in areas annexed to the ci thereafter which does not conform with the provisions of this Code is eligible for characterization as a legal nonconforming sign provided it meets the fallowing 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, (h) If no sign permit was r uired 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 Allowed. All legal nonconfoiming signs are allowed subject to all permit requirements, the provisions covering loss of le al nonconfomiing 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 FVMC 19.140.130 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification b the he city. (4) Notice of determination. (a ) Required. After the city conducts a si n inventory the city shall analyze whether each sign complies with the sigLi regulations of Chester 19.140 FWRC, Signs, or any other sections of this Code and shall issue a notice of determination which specifies whether the sic gn lies or not If a sim conforms to this title it shall be issued a registration sticker. If a sign is determined to be legally nonconformiLig, the sign will be issued a sip inyento M sticker and shall be amortized pursuant to subsection S of this section. Signs that do not comply with the sigg regglations of Chapter 19.140 FWRC, Signs, or any other sections of this Code or are not eligible for characterization as legal nonconfonning signs must be removed upon notification by the city. fb) Necessaa information, The information associated with a sign and its sign inventory number shall consist of the name and address of the sign user, the sign owner, and the owner of the ro ert upon which the sign is located, information about the sign, such as sign type, area height dimensions,-location, a photo of the sim and such other pertinent information as the director ma require to ensure compliance with the Code which may include proof of the date of installation of the sign. 5 Amortization. All legal nonconfonning sigLis shall be discontinued and removed or made conformin 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 ex ip ration of the amortization period, the sign hall be brought into conformance with this Code, with a permit obtained or be removed. A si _ prohibited pursuant to FNVRC 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 Iicabila . This subsection applies to gEy sign which is required to be removed pursuant to subsection s) 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 s amortization program when its enforcement would fail to Ordinance No. 15- m Page 29 of 33 Rev 1115 LU noticeably-improve the appearance of theneighborhood and the city and when a hardship would result from its enforcement. c Who ma a I . The property owner or the person displaying the sipa which is required to be removed pursuant to subsection) of this section mU apply for a sigm amortization extension or exemption. d Decisional criteria. An application for a sim amortization exemption or extension may b approved or apj2roved with modification if it satisfies all of the following criteria: Q The sign is compatible with the architectural desigg of structures on the subject vroperty, (ii) The sign substantially complies with the Leguirements, of the k= 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 sigLi area required by Chapter 19.140 FWRC. Minor deviations from these ercenta es may be ELpprovcd 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 sigLis and structures on surroundiLig pMperties Lifi) The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, toppol, aphy. location or surroundings of the subiectpmpegy and such hardship was not created by any action of the applicant; iv The sign cona lies with the city's minimum -sign distance at intersection requirements pursuant to FWRC 19.135.300 et seq., Mif 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; (vi) It is consistent with the city's prehensive plan-, and (vii) It is consistent with the public health safety and welfare e A licable procedure. Except as otherwise rovided b this subsection 6 the qfty will pLocess an application for a sign amortization exemption or extension through process I of this Code M Loss of le al noncan ormin si statxrs. All le al nonconforming signs shall be immediate) removed or modified to conform to all the provisions of this title and a new 12ermit secured therefor, and such le al nonconfonning 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 an structure that houses or supports the use with which the legal nonconfonning sigq is associated. Lb) Other alterations. The applicant is making an 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 nonconformin si is associated and the fair market value of those chap es alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. ,Lc) Abandonment or business cessation. The subie property Containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 1.80 consecutive days. +mod Sagaalterations. The applicant is making changes. alterations or performing any work to the legal nonconforznux si other than re ar and normal maintenance. Prohibited si alterations include relocating; the sign or replacing the signs provided, however, that replacing any individual tenant's identification sign in either a center identification si which sgparately separately identifies the tenants or in a tenant directory sign shall not result in the loss of such si 's le aI nonconforming, sign designation Ordinance No. 75- 61 Page 30 of 33 Rev 1115 LU e Change in arse. There has been a change in use on the subiect property as that term is defined by FWRC 19.05.030. Chan e in tenant. There has been a change in tenant or business on the subject property, In connection with any multi -use or multi - tenant complex the foregoing events which require that a 1e al nonconforming sin be either removed or brought into conformance with this Code shall Apply only to the individual owner's or tenant's buildin - mounted or freestandin si ns who has triggered the elimination of the le =al nonconformance and not to the other sigLris located on the sub `ect property, including an copy than a in a center identification or tenant directo1y sign in order to include such tenant's name. fig) Expiration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code on or before FebrugM28, 2000 or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. 8 Historic si s. ltionconformin on -site historical si as may be retained through process N of this Code if the sign is determined to be of historic sigLiffleance b sati sf ying 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 any federal, state or local preservation authority) b The subject sign or sigqs are substantially unchan &ed or unaltered since initial installation' e The subject siM or si s area good example of the pLevailing signage during the period in time it was installed: and (d) The jqbject-sigg or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (9) Government acquisition ofproperq for rip_ht-of- -wad a A sign that becomes nonconforming with respect to its setback from the edge of a public right -of- ma 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. The city may, using process_), allow the placement of a new signor relocation of an existing sign within a re aired setback if it meets all of the following criteria: i The enforcement of this Code would result in substantial hardship to the avolicant because no feasible location exists to place a sign on the subject property other than in a re aired setback and such hardship was created solely by local, state, or federal government acquisition of propeM for dkht!O-way ex ansion and not by any action of the applicant: ii The sigLi is not prohibited by FWRC 19.140.130 and exce t for location within a required setback com lies with all other requirements of Chapter 19.140 FWRC, Chi) The sip tom lies with the ci '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 of LeLegal nonconforming sign status. All nonconforming signs specified in subsections (9)a and of 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 IM al nonconfonning desigpation when one or more of the following events occurs: Ordinance No. 15- M Page 31 of 33 Rev 1115 LU i The applicant is making any changes, alterations or-performs an work to the le al Donconforming sign other than regular and normal maintenance. Prohibited sigq alterations include relocatkg the sign or replacing the sin provided, however that an c2py change in a center identification or tenant directoU sigq shall not result in the loss of such si 's legal nonconforming d= designation; exg t that a le al nonconforming sio may be relocated without losing its legal nonconfoming status and eligibilily eligibility for the 10-year amortization period so lonz as all of the following conditions are met: A the sign is under threat of eminent domain and the subiect of a consent decree or settlement =cement executed with a local state or federal overnment B the consent decree or settlement a eement 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 a lies for a permit to relocate the sigg within six months of the date the consent decree or settlement a ement was filed• and E the owner makes no changes to the sigLi that increase the nonconformance of the sign, ii The applicant is making aney 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 chan es 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 inust be from a state - certified real estate appraiser. For u ores of determining value under this subsection improvements re uired pursuant to FWRC 19.30.090 (nonconforming development) and/or 19.30.110 streettsidewalk im rovements shall not be counted towards the 75 ercent threshold which would trigger application of this subsection. (M —Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to ygy compensation under any federal state or other law, including Chapter 47.42 RCW. Section 34. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 35.Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 36. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 15- 63 Page 32 of 33 Rev 1115 LU Section 37. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- 64 Page 33 of 33 Rev 1115 LU 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 City Staff Tom Medhurst, Chair Lawson Bronson, Vice -Chair Isaac Conlen, Planning Manager Hope Elder Wayne Carlson Margaret Clark, Principal Planner Tim O'Neil Sarady Long E. Tina Piety, Administrative Assistant Diana Noble - Gulliford Anthony Murrietta, Alternate 253 -835 -2601 www.cityoyederalway.com ` C:\ Uss\ lwilloughbyoakes \AppData\Local\Microsoft\Windows \Temporary Interne[ Files\ Con tent.Outtlo er ook\F182MAW9\Agenda 09 -02 -15 (2).doc City of Federal Way PLANNING COMMISSION September 2, 2015 City Hall 7:00 p.m. 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 City Staff Tom Medhurst, Chair Lawson Bronson, Vice -Chair Isaac Conlen, Planning Manager Hope Elder Wayne Carlson Margaret Clark, Principal Planner Tim O'Neil Sarady Long E. Tina Piety, Administrative Assistant Diana Noble - Gulliford Anthony Murrietta, Alternate 253 -835 -2601 www.cityoyederalway.com ` C:\ Uss\ lwilloughbyoakes \AppData\Local\Microsoft\Windows \Temporary Interne[ Files\ Con tent.Outtlo er ook\F182MAW9\Agenda 09 -02 -15 (2).doc 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. 66 KAPlanning Commission\2015\Mee[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.). KAPlanning Commission\2015Weeting Summary 05- 20- 15.doc 67 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. 68 KAPlanning Commission\2015\Mee[ing Summary 05- 20- 15.doc CITY OF FEDERAL WAY PLANNING COMMISSION September 2, 2015 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst, Lawson Bronson, Hope Elder, Wayne Carlson, Sarady Long, Tim O'Neil, Diana Noble - Gulliford, and Anthony Murrietta. Commissioner. absent: none. 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 Tina Piety. CALL TO ORDER Chair Medhurst called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of July 15, 2015, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS King County Countywide Planning Policies Proposed Amendment Planning Manager Conlen delivered the staff presentation. He went over the background and reason for the King County Countywide Planning Policies (CWPPs); the basic reason is to ensure consistency of planning among cities. The currently proposed amendment requires the city to work collaboratively with Federal Public Schools (FWPS) to plan for adequate capacity for new school facilities. If there is a lack in the capacity, a plan to address this lack is required. The city currently works with FWPS to plan for school facilities and staff has no opposition to the proposed amendment. Commissioner O'Neil asked who makes the decision that there will be a new school, where it will be placed, and how much is the GMPC involved in this decision making? Planning Manager Conlen replied it is FWPS who makes the decision about whether their needs to be a new school and where it will be placed. The GMPC and King County do not get involved beyond formulating this proposed policy. Commissioner O'Neil asked why then are they proposing this policy if they do not get involved. Planning Manager Conlen commented he does not know why, but assumes there are a number of school districts (not Federal Way) that have had problems siting new facilities; hence this proposal. KAPlanning Commission\2015uvlee[ing Summary 09- 02- 15,doc 69 L.0 Planning Commission Minutes Page 2 September 2, 2015 Commissioner Carlson commented that he feels that generally, this is a good policy. He asked if it will have any effect on bonds and impact fees. Planning Manager Conlen responded that he does not believe it is intended to have any impact on bonds and impact fees. Commissioner Bronson commented that he is concerned about what impact it will have on our staff to prepare reports to the GMPC. We are already understaffed. Planning Manager Conlen replied that he does not think it will have a large impact on staff. Since staff already works with FWPS on siting new schools, he expects the report will be a page long at the most. It is King County who will make the report, but he expects the city would have to report to the county if FWPS has any problems with siting facilities and how the city will address those problems, if any. Commissioner Noble - Gulliford commented that the people voted on classroom size, but since the state could not fund it, that petition was set aside. She is concerned about how this could affect the city. Assistant Attorney Orthmann replied the policy will not shift the burden from the state to the cities regarding classroom size. It just states the cities will work with school districts on siting facilities. Commissioner Colson moved (and it was seconded) to recommend the Mayor /City Council write a letter in support of the proposed King County Countywide Planning Policies Amendment. There was no further discussion. There was one no vote and six yes votes; the motion carried. Public Hearing — 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 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 amendment will 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. She went over the background, objectives, proposed changes, and recommendations. Proposed changes include definitions, nonconforming uses, nonconforming developments, and nonconforming lots. Staff has taken into considerations made by Planning Commissions at the July 15, 2015, Study Session. One result is that staff proposes that improvements for developments be allowed only once every 36 months. Site improvements will be required when a use ceases for 12 consecutive months. Commissioner Carlson commented that staff has done a good job responding to issues raised by the Commission. On page 2 of 14 of Exhibit A (19.30.03 -50), it speaks to abatement of an illegal nonconformance. Could you give some examples of when it would have been a legal nonconformance? Planning Manager Conlen commented that this is a complicated issue. The nonconformance started out as illegal, became conforming, and due to a change (perhaps to zoning) is again nonconforming. Commissioner Carlson is not in favor of this section. Just because it started out illegal and was legal at one point is no reason to not have it brought into conformance it if is currently illegal. Commissioner Long asked when does the 36 months start (19.30.090[a]); at the completion of an application or when the permit is issued. If it is at the completion of an application, it can take years for a project to be approved and a permit issued. Additional conversation was held between' Commissioners and staff about when the 36 months should start. Chair Medhurst commented that one problem he sees with the 36 month regulation is if a developer comes in with a long -term plan (say making changes gradually over 10 years), this regulation would mean they could only make the changes once every 36 months. Planning Manager Conlen replied that could be an issue, but rare, and we need to have some trigger to bring a site into conformance. Chair Medhurst asked for clarification, when the developer comes back in 36 months, can they use the new footage as a starting point. Planning Manager Conlen replied yes, they can. KAPlanning Commission\2015\Meeting Summary 09- 02- 15.doc 70 Ro A F T Planning Commission Minutes Page 3 September 2, 2015 Commissioner Noble - Gulliford asked when the proposed amendments refer to bringing a site into conformance after a site has been vacant for 12 months, does it apply to the whole property (including landscaping, parking, etc.), or just the building. Planning Manager Conlen replied that the entire site must be brought into conformance. Chair Medhurst asked how a lot can be nonconforming if I am not doing anything with it. Associate Planner Wiloughby -Oakes replied that if the lot does not meet the zoned lot size, it would be nonconforming. Further discussion was held on this issue. Commissioner Carlson stated he is confused with the difference between a legal and illegal nonconforming lot. Planning Manager Conlen commented that an illegal nonconforming lot would not have been created by a recognized way of creating a lot. Commissioner Carlson moved (and it was seconded) to recommended adoption of the proposed amendments with the clarification that the 36 -month time period (when appropriate where ever it appears in the proposed amendments) start after a building permit is issued. Commissioner Bronson moved to amend (and it was seconded) that 19.30.090(a) shall state, "...within any consecutive 36 -month time period, the starting point of which shall be the completion for the building permit implication; or." After discussion of the amendment, it was decided it would be easier if staff crafted the language, including the intent of the main motion that the 36 -month time period start after a building permit is issued. Commissioner Bronson withdrew his amendment. The vote was held and the motion carried unanimously. Hearing no objections, the public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 8:40 p.m. 71 KAPlanning Commission\2015 \Meeting Summary 09- 02 -15. doe 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. Illegal 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 72 Page i 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 73 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 74 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 75 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 build_ ing permit, land use permit, or subdivision application. Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #15- 100439 -00 -UP / Doc. I,D. 70592 Planning Commission Public Hearing Staff Report 76 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: 1. 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 77 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. Modifications to FWRC 1-9.05.010, 19 05 090, 19.05120 1-9.05.140; - 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 #I5- 100439 -00 -UP / Doc. I.D. 70592 Planning Commission Public Hearing Staff Report 78 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 — FWRC Chapter 19.30, "Nonconformance" Exhibit B — FWRC Chapter 19.05, "Definitions" Exhibit C— FWRC Chapter 19.105, "General Development Regulations" Exhibit D — FWRC Chapter 19.140, "Signs" Proposed Amendments to FWRC Chapter 19.30, "Nonconformance" File #15- 100439 -00 -UP / Doe. 1.D. 70592 Planning Commission Public Hearing Staff Report 79 Page 8 of 8 EXHIBIT A Federal Way Revised Code Title 19, Zoning and Development Code Chapter 19.30,Nonconformancet Sections: 19.30.010 Purpose and intent. 19.30.020 Administration. 19.30.030 Abatement of noncoziforrnance that was ills al when initiated. *Awff-eonfwmaase -is-> ed 19.30.040 Immediate complianep xvith certain revision" re wired. Replatiams applisable to fl use. 19.30.050 Certain nortconfonnances specifically regulated. Abatement afneneenfefrasnee the was illegal ; he initiated. 19.30.060 Re ulation fle ggl noncotifon-ning uses not identified in particular zonin districts.. Umnediate ,nom 19.30.0790 Nonconforming use. 19.30.080 Nonconforming lots (buildable lots). 19.30.090 Nonconforming development. 19.30.095 Nonconforming signs. 19.30.100 Norwenfer-rniFig -�igrv,,7 S ecia[ provisions for dasna gd irn rovenrents. 19.30.110 When public improvements must be installed. 19.30.120 Nonconforming water quality improvements. 19.30.1340 Nonconforming accessory dwelling units. 19.30.1450 Nonconforming adult entertainment, activity, retail, or use. 19.30.1505 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, develapments..and loss a- ststes: and to provide standards det4aeating the circumstances in which nonconforming uses, developments, and lots stfuctur-as 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-whisk -de not rneet eta ninintum sed r uiretrrerrt far the ar ing ietrict in wh lrtl3ey�ase lveated_isee buildable ]at, sect can 1: WRC 19,105.010). (2) Ensure -a reasonable opportunitiesy for the use, maintenance, and minor improvement of legally nonconforming developments t es-md site deve4epm t- featare ,,� wage a reasxrriablee - eppartanity feat es do net ., .a. ..a.do..elep t regulations 0 Red .lerand-pfeRyde-+neFe4l ibiliq- reslati've4o aeuer4aR s- 6h#i+d laws ift effeat at the fime of h�a:and allow a reasonable opportunity for changes in use and tenants of nongonfonning developments. 80 FWRC. Chanter 19.30. "Nonconformance" Page 1 of 14 (3) Ensure a reasonable opportunity for continuation of legally established nonconforming uses, but prohibit their cxpar�sion, wlkssl3 do eat et r�# r tv :} epul: #ien f rr ki it�g }6 sir+ k�s �arl�i l� -they ate lc ited; (4) Encourage the removal and .replacement of nonconforming uses with conforming _uoes4wMogpete (5) Encourage the upgrading of nonconforming developments to conforming development'S building;-, wuc4ures aitcl regulations prescribed by 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. Code 2001 § 22 -325.) 19.30.020 Administration. This chapter establishes when and under what circumstances nonconforming aspects of a use,�-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, - -development, or lot that is nonconforming net pexni#W 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. 90 -43, § 2(165.05), 2- 27 -90. Code 2001 § 22 -326.) 4"0-030 When eanfer-mainee a lt= a��;- ele�nent�sc -t-iv ilyy- er- useta€'- err -€�fF- tine -sir la feet -p�laeFl�i}fe�'- tnec- l- to -tlre- applies }}zoning- ti- tle- in�lest� the t+y e iat awn entx a i t r ,sa er�st€t steel gar- i�ti#4a#ec ,Hutt- mpeot;- eletnent -tiw y-ruse nmy nri;;u �l -raged net lie- latougl irate egr for �n itl� flzi;- Ei#le�r�es a pray4sion- af4l-*i6- shopteF- requires senfermenee ( rE1 1 n4 c y(1• ,- 1 -1 -4 -081; 0 u�.� ... fl01 ," "r 8, § 3-41 �irfl- -?�1�. 3 -N65 -143 , 1 G il; Lif41 file. 92 i35, c 3 �5 --1-0 12 3 91. nf<- a 9 0 (4 C34{ 2 27 nn cede 2004 § 2 327 • aysvq.TSzTVtr.) ice- use- i�-- rsnr��at�- fer�sti� -i3t- tote -zs�a- its- which- it- ist- lcicafe�- tlais�i�# e- dse�- eie�- erstablsslrapp }ic�l� #e- �i�3u�e3s�iot�a #-gr' etherregulaHnns� the- ti+se-- ss� -#e= gal- HOnsan f4r�ing- �tse; -tlie- -ll�t�- to-icler�tpplie�lgtsres; cle#et��s�e- t€je -�te� that�orv:; -the -a see- s�sost -si�t� i€a r- to- t# �e- ttetaceafe�se- a€�'�- appiy�tt3��levelep anent rsgu#atiQne ^r3- o,-tl; none:-- i- f- t#t+o- ease- is- a- legal�oneara€�sr3asing --use- that-- is-, al- la;ver#- in�zte- or- :t;er�tar�s- :miner- tl�ate -t#� �ot� -if�w #rich -it is- l�ac�ted� the -vity- shall- deter }s�ine�he- zox,c- r,��in{ila� 4n- the- zatae- ins# �i�z€�- tl�e- tees�et�f�ir- n�itig use is- leeattl- app�kte develc�pnsert rgu#aEiof�s of EHat -zv (OW -Ne: 04 469, y 3, 4 10 04 O o -W- 307, § 3, �;2 1 5}f� Iii- 92�3i�eh sly -t35; 3(445-.4 611. _n 1 92; 0W. n (1 r c Ne. 90 4 3, P _( i65-4-5)t2 � kxlu 2101 e ' 19.30.0350 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 -9.1; Ord. No. 9043, § 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 19.105.0300; 81 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- aeli-Quilt-okeen with the (d) Nonconformance with the provisions in Chapter 14-125 PAIRG, AMG486 M and ',� 41,-a d Chapter 19.130 FWRC; Articles ough -VII, regarding parking and storage of large vehicles in residential zones; (e) Nonconformance with the provisions in Chapter 19.140 FWRC regarding portable -eetdeef 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. 19.30.0_570 Certain noncvnforman+ces specifically regulated-GeneFally. (1) This chapter specifiesy when and under what circumstances sertaia nonconformances must be corrected. If a nonconformance must be corrected under this, chapter seotien, 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 ch pter se weetion. in ,t ti ^. 1„-no zoning eemplienee o- -pe-iFmit til4heeenee.;ien is The city may withhold at the jd s retion of the Direet� oll end use, building-P9g9t otller a rovals andlor 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, § 1 3(165.35(l)),4-21-92; Ord. No. 91 -113, § 4(165.35(1)), 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 z0flinL7districts . 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 all the particular use Or uses most similar to the nonconfoEp1ing 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 19.30.0790 Nonconforming use. (1) Any nonconforming use must be terminated if: (a) The eF ineFeagifto 111 .. fieff e s or suppeFts -the noneen;^- (b) Other -4ha n as $Stied in subse$t°1 "°` (!)(a) of this , ••6en' the it "" }jcr inro =r� rirrni- eisuiil 9ti2Yi96 , #i -ai9 fie GOR r i hot s4"Hpporsthe eneefflo flu� -se and --adeel value of that , 15 peFsontl of the assesse"r-i*pfaised value of-1-at sifflUO'nir-e. The appFaisal must-be FFem a state -eer4ified real estate appfaiser (a) 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 ) d4b)-"k-iseetie"o-not apply r 6 1 @« tti,rr.m z� i«it t�tr� %lia� �i tlsl k7f a EfflsenfenniRg use rpose i s to establ}paniter a tmrrfar#ting �, (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.) f Cross reference: Building code standards, Chapter 13.15 FWRC. 82 FWJ1C Chapter 19. B" neonformance,, P e 3 of 14 19• _.� le-let*) _ 0 Noixconfok nti,np,lat,s�tit�ilc�+i#� ,..._,, -..._......_. ....M,... ...................... The-development of t+ nanconfornun lot under this section shall be subiect to the buildable lots provisions of FWRC 19.105.010(2). 19.30.090 Nonconforming development. (1) All noncon forin i ng aspects of a devela meat must be brought into conformance if., if affy aspeet, stmetum, i�itpFeveittekt�- or- dev�lapr�t- �c- res- r+ st- c�rrtferrr�- ta- tlae- clevelap+ aye+ tt- t' e�ttslat- in+�:}- pre:�ril�cd- iw -tlti5 -tit- les- iltat- s5pec -a st�ac�k+r�;- i + +tpe+ }rant- ar�level�+p +��a�C ri��wt- lie - brat+ g{ a�- inlc�- eonfo-r+ ��aoba- or- etl+erl►�i::e- sr�sror�tts- set- fnr�i- f�lo�v; (a) An applicant proposes to add to the subject l2rove U either: 2,500 square feet of new gross floor area; or 25 percent of the pross floor area of the building(s) on the subleet property whichever is less, within any consecutive 36 -month time period, or (b) The proMyy is abandoned. #�re+efe�e Sri- gr�ss�ee�r r�iratt aplalir�at�sr�ese<�te i+�srea l rass- t�leer aFea- cg-any-t se on- the- subfest -last arty i+t a+�y aria lei- fafEc�w t� :- ;pl at�t hall eErmpiy- the development f hee- prepe.%4,- a"pesi4ed- beiew: (i'' =rs,grs flour as -ef-an exi44tg 13+ %ldh+g�itlter thr4t+gl,tddifio+ro€+�evv -l1no+ ry. Tir zl;r t st +re ar- enit+rgak ae+�t to existing b►>ilelTr fe�atlrrir+t; thaeppl a+�t s1}a11 c ply WAIT all develapt +er+t rag latior+s +3 a €€ac t-the tiirte tl�e ex{�a+ sio ++ i proposed I tiie prep °•,, . ,.' ish th eaEpa+ siert -is pr rpeseecl i a� tip i-by ir+til4iple teneitFS €+r �ts+a ,the applie— +t- :ihall- oemply -With t! d c vale l•3 1 e��._e���t --re �t�}attons�ppltr� 131e- t€r- t #le- gt�gral3ikkt�- psi= t+[a +t- �af�la e- e+n- wl}ie}+- tlte-+axpan:�Ta �PO1Qd; e ( i) -1 %a new as" r +te str +e�tuce is being enstrt+st�t al dy developed Sit , tl�e- appkeat3t- hall WM piy r::lr�rrrr cr.%�opnient7 �gtiWiE3r+".yeppl-ioah1@-io4heteo hi&- eF er}-e�A° :"c 4:voFr=rrhicAi-t e-fiew st r- ue4ttre -a+td- airy -rc+l i}tccl- i- nalxreve+ne�ts- are- t�l�e„eans�ete�tr (2 ) Exceptions. fa)—Fora building for group of or buildings) greater than or equal to 50,000 square feet, conformance as identified in subsection l is not re wired unless-- the applicant proposes to add 4.900 square feet of new ¢Toss floor area to the subject property nr ten pi rcent of the gross floor area of the buildingCti) oat tyre stsb�ect property, whichever is greater, within any consecutive 36 -month tints period; or fbjr"' An increase in gross floor area of involves an existing single - family residential dwellings the applie shall be allowed provided [lie 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 °+o single - fi iTii y £sfdenccz �niStit3 - rle+lEpf�ff}r }3�3fir� & ritrniie�aC3-leFlg a ti3e t' i#sti� nconeonfeFi 'unties Hie` -iivt -being it ",GVicciSc°izzrF- e*pai3 Y. cflF}, Fkfe%i[a�i c4F t fiva'atil3rt wl }iUl} i!}� e1ve4 tli$ ii]6ref#�e .n grass r o= e fo- xcmcer+�iiiagsiftgle family t�t+r�tut7a -i + st to pp qta +t+oof (h i& -code + +x=- lading- l�ttt- net- lin�i�:ed-- tcrpra�vis3ar�- related- te- witieHl- area+ �{- 1-] i�v- isYion�- e�his- tit�,,�-- ��',°,treet- l�aFkit�g (- Eltapter�- 5t: 13f)- 1~ �- itrrpra�verrre +tts-- (C- �epter --1-9� ��ra�- tand�api rtg-(}�teF- l- 9:1�� }. (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. } f rrr�lt�rr�r+er+t —1 l trt� Hpt lie� l�sep�'` a+#3-war-t -; aeluding- terrain- i:nprever t property--tha4-l•+as4een a€imdoned-,4heapplic t- slial"oinplywith,,, :z'��, ;, nttregtilat►ens ppliaable -t e3tkbjeeEp�He (e) The use s in whist+- ease- Oi"pplie mt s1�- 11- raalrai�ricller rest�rru�- tlte�pre;retriarit:�i�tlte- site- {e�dratrx age ;- latidsr�apix =sing�3nr�itig; parrir> -g IL+Wandseapin is }te t ee +ad3tieiraa netir as physioHlly�essibl8 t[� -rite c inditaat3 req�+ } y the regdirenieiits 4-d�'iP1-ioa nf- is- enakiiiga r�-al tarsi iii- ar- e#te., �:�i rigs +i -y-wo �silier- tl►a�o+�+eri- -rna -i nteriat�e; - tetaant rove itt}iaef "ditions �ed ll w, --n ( 3(a){ v} tl sa lance ir+ $rty e eenseeutiva4-? 83 FWRC Chapter 19.30, "Nonconformance" page 4 of 14 r�l+- par- ied- t�•- atr- i +np�vert H 13uE -is - nat+�et�'e�+ +ice g- axd- tl3e- fay- rk$t- vatles -o € tl+e -al teat i$x- r�+at�ge -ar c�tl per-- a�or- lc- �,€1s�kl- petcertE- +r�tl� assesseEl- ttir�ppr�i:�;ed•- valise- c�tlaat- im}+x�ernerit :lie- r+piarai�e�au� --f=ig pprisat -lt+ kke evet+t- Eltik�sectio�r- iEcir- respect- Etingle- tr�nant er oii pa�l4 eta; #I applisattE31+aiI Rarest & Wdevelepment-regrda4ions- app4ioa }le -tc+ Elie pf, 10 e-ven!� iiq il3�EivH -ia-tr ere�l w3fil+ respect to a site oe�rpietl -l+y Er�t�iple tes�ar+ts of uuses, t#+e apla#ie�t- sl3ffll se►npl3+ wit ua , _:.anfi- xeg +rlativns -apple t tkt geogrup#+ic a€iaeR offlie siEe orr vthic3+ -Elie a�it�r�rtiott -,-eli a -e�ina ��.=-- .��� -i. ,�.� �' °Y_ °,�Y �- v€- deter�tr►i��in e- t���cler- Eli +�- sestioR- 1'_ iniprov4 &merit -Fequ irk- pursuant-to4hif-section4iion € orr+,i ing- deveiopn3e ^�1�►s�ar__rn391 -i (whenp�rk+lis i n3prove�3tet3ts- 3r }tts� -l<i �iRS tel- 1�},— l'�- {�3aHC$33 €Qr3�tir3grve+ker�a -li ty- i�rpr� rem °RSl --1-9: -1-3- 5:(139 (- wl3en- p�3lilio- irnpraWe�et�+t� -+t3+ rat- he- i► 3s4alded�- sbaN- nmt- �e- u4€3rtte�i- Ror�3�s -Elrn� S�v�zai�;ent- tl►ritvid- wl +ie-1+ (3 -2) 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 19.115.1290, 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 19.30.1290, 19.30.14 -10, r °�.30.129 and 19.1358, 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 Am. Section relocated to Chapter I9.140.210 FWRC. Cross references; Signs. Chapter 19.140 FWRC 19.30100 Soecial provision for damaged improvements. If nonconforming use or development is damaged by sudden accidental causejh use or develol�tnetit, including; associated improvements, inay be reconstructed if it meets the followin re uirements: (1) The use or development, including, associated improvements, as reconstructed, is not-any more noticonfonning, than it was immediately prior to the damage. (2)The applicant applies for buildin and any land use permits to reconstruct Elie dama ed improvement within six .months of the date of the damage acid reconstructs the improvement pursuant to sucli pertnits 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. a7 -307 `3 12- 16 -97- Ord. No. 92 -144 3 165.30 6- 16 -92. Ord. No. 92 -135 3 165.30 4- 21 -92. Ord. No. 91- 113 L4 165.30 12 -3 -91. Or 1. No- 90 -43_, § 2(165._ 301, 2- 27 -90. Codc 2001...§22 -343.] Cross references: AnImAs fconceming a, eal of pracess if decision)... pW RC 19.60.080. 17 ise- l- n- erder-tw-ei :,e the- eeeaoFnie4mpael-of-tlais Eo ie R i ;inesspe ons with sta tangy, ;iient -it+ :;i�n:� -rFi�x ist�stac�- c�ti -tlie- date- ci�adapEie rt-e r ,: „�u�- ;r�r+ -ths�- date- e€�ti3e�taen -rasa Eta -i+i- arms- aait3exed- tea -tli e c�it�tlier�allcl+ is- sesi��ita- pr�rttiale4- #'or- u�r- s- o€�erit- %ai�sed- use• cr€- a- neii- (er�i>f+gt+ -i i�i#s €ate: Dt+ i+ig riiis -peg ^ t ,�° tetl that the i isr ed i+i ah; iis 10 year time-peried -and4er ita� tied' Ft federal- inac3tiie taa� PuFp hewever -a E#3at �vhetlic� a sign anaaFti ° "-tai Pwreses shall-met affeet the application of this Seatien. ( kllcfrrrrfaarr; ,+ rrera car rii +rg si rr "tiie riy-si ii a e€'ttie l +y 1 Fr 19,05.5. - 90- w1deh-- was4ega4y4n e isteiise r+ th8 �rc ,, .a r.hi + d. , FebmaFy �o , n49 r or> Elie dt its of �e�taEien i = leae�ar+ +; an3ie�ted- tc�t#ie E} r a0e i it s+hi$li es vt-c imply- with4 4e- si-gffiegtlatioas- ot'- C- haprer 19.144FWRG, Signs, or ati otEier sesti�at of iai da E riy w$rclrterra ea pltreaes used ira lii -% ion- ,and- irrlis`am -are- wr —olhe e [iefttaed litill -13ave iieeiiit�q� in 19.05 r. WR iii Legal n r» 84 F WItC Chapter 19,30, "Nonconformance" Page 5 of 14 (ajl+gir�{ptty t;c�rtsEt#ittgi;Et 1cat�F}3�1}e Q�i�ttr t#ate cat�Etf t13 �Cc�c]e; ary-,-,- 4490,rr-t-hel -date €:srtt ex tFitr i l ted in Gres t }nax tt� t #i+ srt tee r It tiae. E pm,vided it meets the fellewing requirements-.- cern#�rri�t w- iF� -tl Get- �r�v�ist�tr�= t13 +E1�- i�- ela�rls� -#et=- altar- a�teraf�tiai�a�a- leg��- j��ae�inEHg -}igtt 4e sighs ee�+". ��st�flei*aieaclepitfi: c, �:,ai�t�e �vttErrree] E��i awisable #avN; -eF iii} I- #`- rro-:�igtt- #tat�rt- vas- regk�i��ader- a�p�ea�le- €a�'er�a- gig {r� - tk�e- s- :gE�- waa- s`rt"a�r��E� e Ei eeswi�€z ap lac b#a -#aw erg tie ete o ac# tie a€ Fl�is Code. �l�s�c�e1.- A- }1- ieg�r�iot► cow' opt,- s�gix���- ai- l�we��sHo� #]pit•- 1= er#air�t�ert#s; the �Srt�v#siattr�e� =% rag- lca�s- t�#-# e]- t- ic�ser�€ �r�fta��t >t�- et#�ei-- l- it��tatier�s- set- �r##a -- its- t#tis� sermon: r{�l arse ;� ^�a°pt- f�- bi13€�ea�ds�#€€- sites -s� -art: ;-• �rt�c#- rt�a�sga�pr�iibite�igns- as- ��aec�- ire-- f=V�R� -1. 4:-# 4t3- }- 3[all- 3aeN3o-el- igs�lv�'or clear' actet�$ t- ic3ra- as- l+E �; a#- raota�ai�kg�igt�s- aack�ttr44- � €aEttove€# -tk }era netiflea4ion by the eit5- (4) Neiiee of deiepmkailon. ,(a) D..quie.,rJ After the.eily .. .,duel, a ente fy th -es -with CuT' t t- �a�. ig�-E k�3at} ara�pte�l- �1. 4B- WvWiig�°► �;- efr-- a�t4re�s�Fiata�v�- tlais�ocle - araE #- �°ta4#- s`S+:;tae -a- E;at�a a�- deta��taat ian- wlaic- #t��e��i�+- v.�lGat liter-- t# re- j: igEa" st3Ft��# ie�- ar-- t3nF- 1• �- s- g+a- e��r€a�t�s- �ta- t#afs- t�t#e; - i�- r;lrtt -l#-�e sstred�- tegisFraiierEa -sFic et- lr-sigia i tfetermkiee€l- e-be4 He t s etas }ing, t#►e--�ign -w# -b,- issued- a- s-igia invet3teFy �t�cker�a d- s#aall lie t�ekiz i purr-sua+r# to- stFbs�etiea{53 c €Ekes se a fi%gt}�e riaE c rra}�E ' �iF# rE# 3e- �ig�- s�tr# atin��iae� #e�- 1- �:- E�(#- 1��11F���, �sgrts; -o� at�t#aet�ee� etas- e�tiais •- �o�e- err-a�- tt€rE- el�gi�iie �ertr- c��raetat-•i�afi�a s- lege�te Easestafo����g�ig•Eas -�.. ���ry �,ao�e�et�i- sat-ie Et- by- t#te -si E�, {�eeessrlyertr{iot lae- iit€et�i[a ;. ..t}a a siga�t itaerator Etzei- sl�ali- sarass`sF s€ t#re -taaEt ttnel ac# ress e€ Fl ser tie s e raet t t#ie 9 re el�er�3 �lFisli-4h ig4t4s # ecatec�-- ix�r- rrreFcatE�a�tt�- lie�igFr�ec- l,- es- �,�#,e; area- lteiglat; r��sio��oset- iort�- plteto-�f- •Flae-sue; c3fac� :}}€ 3 etlieF l9 itleF3t i#a€Erri }t?ti+dizr:. t�ir. t@E 1$ day- mquff zrv4 o- ei ruFe- oeinpliaiioe- w1;:13-tw- C,%Ico-wliic -h S}- �rrr��i,�e���srr:-- eh+l] -1e#; ail- ear3eta��ing�igns�laal�-€ ae- r�iecvr�Fla�e�l- artd- rvad-- e�aataeia �er�fe�r�l3- in --1-9 ears li sxrtt#ie a feet+ ata Er Iris Ca a nor Eaefo ek�aiaa B A; er r�+t #vita l4} nrs�, � � 'ive- date -of £ tEitteahtEintt- i�- lesated- #t}a;�; -R,=.; eat• ed - ter-- tl�e- e•iFy- tlaerear #der- i�pr��- t�it���iratk�r�t3 �n�,�, --,;; Gila#]-] �e- l�rot�l; lrti�ita- eox- lcarE�asaee- •t�ii #�d- 1ti� -C- ode;•+ +t #�- der- t�Eit- o�teia+�or- #irrr�raev�i�� Eater- �rlrix�ite�-- p€rrstaaE� tv- ��..'- ,"��l- 3- W4�1.3 f#- taaa�- r3at- lie�r'tatkgl}t- •rattek•sca Et #'or<r�raae� -aa rd- a�asH- ]ac�e}l'e�+e�ie -i r�nec- leeta#3f- r- ertaca v�rer� -Fite f zj-�4 1 �4c r rf3�Tlris stkb E ieta p4ies to-at3y- sigaars.�;,, °�s;ti , ..w to be reinoved -pu uattt- t"ubseetirDii4-5) v# Fltis -see let levEittg iratie e�tia �rr3er en perk]: �} �rr�ra�; s�- �- si$ r�r• atttar��t+ er�tpFiatt- err-�c�e� =;;,�.- i�- t-- t�t:,,:�.,, s.,, ,. s, r.. �.. i, e- e- it- �-- ttta�-- ]ar��Ele- �1•ie€' €rem t# #ec of t #ae-sigff- art}er44zt ion- progmin w1wn4ts-et or-c-"ien° wo-JA r •ca rtot�c ablya prr�rve i#te a nti e# t€je rteigla It and he- cit"od -wit a skti wskiE r�,nr its era#ereer�eRE (�j- °Fi�:rr�- rr�t�;y+- cr��aly: �- lte�- preper' Fy- aw•>} e,=; �, o-- l >er,�n- d- iep3a�y- it}g- tiae�ig;. , r�ioli- ie.- r�t�rec�- tc�ka�r�t<•we[t ptr EtaEat ke aE i i ^A rte' of Ee,: are amply hex eE sigt aac�r�i�ati� ea�tea t -err ex�rtapt�eri �EEf3aYN�I'! {{,'ties: �IrH- &�j3li�%f{ Sri- �4Fze- 5i�3i- �rl�i# T£•. ,•n- rrciv'si- z*?k@li3�it•Ef3Fi• 6rNti5ER!'!- ti3a•1- oc°- Efplir{�'4`efl -EYr• apprerr�'t...ithFile ifiicat•ion_.!ai aatic,- r7i oflt�Eiwing- Gr4er4w. (i) The sip is eempatible with the ar-ehiteetum! design ef ewe subjest peperty {ii �l3e sigtrst3bst rttiala as ", itla -t#ae r CtireE#aettts fa# ^^ Gode for r #€e ]a {ad tr elistriet -in wl+ieli it iA& Gated. ve . f of thiN-sukseotien, ''midis{ a Is-that the height ie sigii4s wft #air i9 er€eEtt a€t#ae igEt l�t.equired by�apt�l� 14��', D�a� Fltcat��signa�s e�t�ie Sri,:,, '7n .. nn� .,C ri, �- �gEt�Fe 3- rtgtkti8t •l-}3}''{- i�ta�t+�-�•��� tiA. i:': vi'ueYfr�ti9fi�°�'Eia3i- t#�E`4e }eFe�rix g�T„G iprewed- by -14ie- roir isirn er is he "Iie -cacft chide- Aia•t-t w- restdtt ng i.I 85 FWRC Chanter 19.30. "Nonconformance" Page G of 14 za taacer ter t ie s# �a � r t tca t a�at�} tEaac ittr a =ixf j�ery3€ra, �� and W444he- sips-aaad strtivttfr�; �ea3- �;ta�etaxd��g- pr4�e�t�e:;; cade-waU14- xesatlt- n a et ; s .; tc grapl�y� le3eaiioa ; r�at�d a�g t e-:tt rjeert sa"d- staeh- haadship Wfl', a10t- Mated -by {�-}-��ae�%g�eaa��•i e�'�►i}a-- t-]te- ems}= �-,a�i rat Ft�s art- s��et-- ��stat}c� -a Eaa�terae€ t+�rEa- r�EtEreHae:�1;r -pa r;�taa €at-ta r 4A44444EFmiiiRtC{ t�3L' SE Ii —i5 (�FEG�fiF£ WEIj+ 9 +}3— rt'h14��H ht Iy [ t3" �� Yc}#a�'{1 3F�7}3�F1 ' 4)Flti a�i€ ��ate�yy- •sera:e�ae�r�- tk3a��e�ear�a� -� ".=�i-- �ir�El��mika�e; 'Seel prehensive-pImi -atid {� -}-I -f - �+- �aa�s�tei�E -�,v t-�- k�te�ttbl4s- 13ea- lt•1a�- Cef�- anE:i- wel•�ar� {e3 ikec�fad r�eerrere- xeetat as Fl a rt:e ded by ,h's sty; — e4ort4.6 tl�e��v� rasafrraw ap} lieat3vaa -Far i a3 atrte r, a aeaa ax is -er-t teE3 Ewa et# l--preee,�s 1 o tkaa.y -cede �}- b�ss�- �. �+ ql �raa�a�fisr- t�tt {rg- ;si�ta- s°�+'tfdi.�-• n��eseat�e' �tita��t:- �lae#• f- �e- i�aaaae�st�l�- reEtae�ed -vr �c�# -aed- •tom- evnfer����e�re: -�=� t-',ds 4ti �e;- e} ad- tt- r�3er+aa�tated- t��r-e€'er;- anti- saek -le��� aaeraeoaa�' aa���-;; �gt��+ a�i�itttaaiaafel a}-} r��-- i�t�•1- Htrfaa�Ees�g +aa��- w�3eE�- eaaeer -��rr° �� �>�- �ul�leiwiEag even rs (ajr- iee�latage� -e a?eattE i laa+�sEa a�t$rattaaas o3easatg f�ae gross- €�oar€aras c}€ -awry tits- tar, tiro-- t�aat- laranseu�r-- 4fa��c�#s -tk� -:_ .::dt- }c= la�iok- tae- !!e- etx�ea} afar- r#ria�rl-- t;4- essEae- gated- [kr)rflterurl�r�trs �aeppl-iea+ alas- wifa�3aoteraiterafnn33ir everk- c3tl�Cr fliers- ataraa rxa tteaaaaace rtrtltea =t iaa} tort itr� rc e �t , iaa aaa +-12 n oa&perioc -try arrgf sta ar�tafre tl}aE ic�t+ ar ai a��a= t;; - tlte- t+se- �vf4•ia- ivlrie�ae -1 tea• 1- aae�ott€ osr�g- stg,•e- ie- iz�Eed- aaat� -�lae- Fair - market �caltie -ctt= €lasso e#ie +age a�toiat4viis -r�r et�iar vrark seeds 5 �cent r l�tlte a h line- o"iat-etrtaettar"s- det- eFmiii Ly the King + �o���ttrtl�t:tNet�F��r- J�irsrti v:- ,��,.fitrteer�= Flee- stil�jE- �a' o�etaEni- Eag- fl ie�- sigta�e�a13aE3r�otied- 4or- �F�- c��- rttaro aaaasestEti've deysr tkie aetita eiceted- aia-- gaeeoti�aa1>$r�}oasi -d riii>tre Heys l}viuti c?!Elltf F# ale l�ilfCc H€ iS E iii ir133ijge- Aerat4ow -o work to the E i Homo lifofming sign otlae tkia+r�egtilar grid nc�rftial riiait teitaEtee roltibited gri aileratiaiis- iweftide rolaEet flee f i-- ar-r- ePWmg-t}ie-&i ia; r rvided; -fit .ve r iat r %aoirrg eat indivsdtssl ter�asiE- s- idoiiti Fcati€rn �i ai in dither- t separately4den4fies t- lie f tiaiits- car -in a enant• -di topy-st�al riot {i�}{ -:7� �rtr�- r��ts�-- 7�lierre- lias�ee it- a- sl{srii��:,- oso•- .;ia -- tie- s+ ,�jeo;-- �iro�rEy- ras- tiaa�F -ta iii• - "s s- del`tat�� {#ac�tag rrr twrr3ere kas bee�i�a aliarige i+t t€riaitt -oor l�tis} mess E3ii Effie street- rapert}� l Et -cenn. aiiyti�t i iasefiislti- teiaasit oQaii �e�lia•#" areg�aiiig- eveiats- w€riai4- fegtiire-- t�iat -tt- legs -€ aaor�eanforE�riri�; sign- lac- eit'��- •re:�todrer-- l�'etig€tt- ire- oorl�rta�arise�itli�Odlia7 ,l- a��ly -vnly� -tie iaid�i diairl�s�f- �.ofia- rites- bit%Id it��aiiitted- err- €'rees�4aiic�i a }�igiis- evlio -€i ors - ti= i�red- 3lie- eliii3 i is at -ion- of -tlie legs~]- ai�rric- t�tfvr�iiaaise- a�iad -- riot -te- Effie- otlaer�igti�lcasatad�oi�� lie- seb,�se- t- �rt�pe�; satcleckiii� -aiiy- say- e- liaian -a center -id�t i- �i�eat- iori�rr-- teixi� t- direeto��3- itrer'�ei� -to --final i�de ••stielt- teitarit':s••riai�e: E-�3-�ta�i,�ai -e_ f- �ra��r� +err�r= �c�:- :4�l -- legal- rior3sori�aiii�si�r- slial�• be- dise�oitt +rxiaed- acEd•- raEiiaved -gar made- ccan�[ai=r- i�ig•av- i }- ���-�' fat }t- flio- +�€feotfve- date- c• �tlaid�- oii- caar- lie#ei'��F'eel�r�iai�- �8�£�8�9; er itiaal yeers�Ft�ie eiei�rs date a€aritiexatiei3 tlesei#ii areas aaaaexed to tlae siFy �}iereaRe { 33 sty fie r : Nattseii rrr►irtg caai +sits: lii5tet etilE sigi -rnu r be .�,�. -'�a •R_ gla lyrosess l V try flii ode; i the silii��;- de�erii°airie s-r �e,.-- �;, �ii�l `ortr�i•„�i•€reae�m,�.;;.ag- all- e�€- tlie- fvltirig -traa= €Fi}� -ae- sign- it;- irse�l- i�soaaitee- tivi�- witl i- a- l3trildiE�- a+rliir�a�e+eri- dc�i�;€a� +, ��- saistt� ,a��lattilcling- �tir�uaxt -tn - -- {•l�- tae- s+ il�jeef•- s�gaa- pr- sib;Ei�- are�nbstaiat- Tally- tiaicliaaigee�:i -ar ta�lters: d-- siijcae- ii}ii�l- itiatallat�arr; - - -- - -- - -- - -- -- - -- ., , I!—.. su' , eet s:g +i er ges re a caod erxa> iple e Tie �fevailirigsigriaige dairing t#ie eria�l t:�n�it -was ied raeiee4 s#gai or- t;igii Have ln'„ .netaiediid aax3f iatafially rietri+iieritale tlliealEka; safety and-welfaFe. 86 FWRC Chanter 19.30, "Nonconformance" Pagel of 14 { erg -�4- sib- E�ia�- •�esae�aes- r�s�soi�fv�+i�{� -r�s ft�r- its: �ar�- f' t�r�- tl�e- �cige- o�- a-- Ft�U�atl�l- f�f- �r�3+ -�;-a r�st�{t- o�-t- lcrEa{; - ::tate;��- fede�a i- gay+ er���e�t- ae�u�iriEi€- Fr��- ��- ri�rt- t��- w�- �•Fa�l��ort -�a� v €aar�eE��f-ted- a�- a�e•��al}co�t €ear -r�si� -aid• : �iia�- l• �a• a�} arvec{- �I��eet- te- E }�equ {�arll�se�Nc� (9)(8) of this seeiie. 04-The-miry; usiw&pmees r-equifed setbaole if it meow all of the following ofiteFW 0)44i"nforeerzaent t #is Ecac#e wo i it;tt+ tt is sk iF Eat rFF�iaa esal�se spa feasilale { cal; atier►- e�irs4s- Eo- �ie�ee- a- s•igl;- •eti•�l�e�' vilest- �gerEyy- et{- ie�- d{�ar� -� �regei�- •seE�ras�n�e {�- ��ar�s{ii }3 �z.iet�- scaler - key- leea�sE,�te� -er- era{- �t�verr�8�- >�e�ati�a�ef- Frt�pel=ty -#+�r -Fig �t- of -w,ay (i)- Th "igw"., o+ - prohil3i - requifed 4bask; ee plies withal! l;hapr 19.140 P& -Gi RWRG 19.135.300 et {- i- iii- ��te- -sigf� - ce���lies�t- �- }}•ie- sits-' s-- r3�i�a�r�sig{tt- dsk��e-� -aE-i� tersest {os��i�enea�tr�a�t -tv ; and iv {,t�rarr� of -i }ye sg3- wit{ 3 -a sec{ hired seklaac i5 at#�8ise �sterttivs{l�e p€i health, safety, and welfare. �GG�i��BS•' �"• Y` f�f' �' 6f�- ii�17EY31F�f3NNif# �- �1 4;#}- 4l flfi# ��{ iaiiHEf3r4��Ft73�i z- aFaaviGlBE�- k!i^ti�FFE}Fi' Crl�&�3i3E�-{�}� -I:T� �itis sec- tie�l��l{-• l�- i* i���erl{ aEe�y- �em�r- �t�cad %•�e�- to- e�rrf€arm- tee- lke- Fre�4sit3t�s� •44ris- t- i4le; -at�ew panni"erwFe ieR.A aid seclt ttFrttre €a i r- �;l}all- i�a�meci tel3�la �c st�{egel a�n fe ri�tg de6ignatien wheft one of more of the fellevAng events oeem:s; (i)- The-- apphoan; is maleit y #aa ge4, a{tc eti a , er;aeFfe �s l - vaFkEe -tl�e ga :iott life irlgsign et#�er�E�aa•• rye{ at°- at�d- rsne��aal•aitstet�ar�ee: - izr�r4�ik�i�ct--:: igx- ak3tere�s 'al }s- irlel�derel�g�e -e-AF repsiag tlae sig+; }r��+ie{e�eweer Flit aa�y caage i. -.�teF i€e�i#eca�icart eFF Eeat�lirer �igt� lael et-Fefi l in El k s -efsty 4egi.-taoneart€bfniitvg-,tg esignatior: sept4ha - -4ega{ }�c)r]G(ar� f4} Fi�i3�vt{ �' ii�- }+Bi�i�'�rti�a+�t- lcasrta�l f::=1 ergs{• aao�rorr€o rgJstata s- alit- el},g- riarltt}�- fe�438 4th- yeae�-- iec{-- ssa- �ataga�1� f- t fi�o wdirx�g -soFi dit i�ri:�re- n�et�- {•�4- )- t{re -s i�g�t-- is- ��rsder- -�re�t of-efa i-doma -'rr} a+id die strla}e i Ora ear eras �8e a eFaett{e eat agrear el3�e uteE ifia a{tae te; or- !'edefa4evemment; (B' flie er',! decree r-sett ierrtagent wa rexeeute� lc�{ wig{ E13e ec+�c a �' �aFioHe the ti= +tee �exatirrr {, { } #aa�e ettt c {sc tee lar Wenient•- aEgreement does not aaEe tke of [a theig}t fcar liig tlaesigrtt sr�Fora}>�rrr �r,.{;�lr+ies -e i this-mle; rnr �1,e ,.,,,,,er-o f4 e Re: r it te refi re E {ri; ;;�;it{ a€ {a8 date -fie :, ;°ents decree ar aatt{emen"greemertt eras Fled; ark {£ tl e *r ->aaai rae` a R; t {gat increase tl or (ii} Tile a i r - "ak4vg -st iaanga , aitefaiions, or of atl € iaa aiaE i marts tera>ay fitmetuve or-4n4pMveoWnt4 ieiFN ko4we vuit{i --"i4 # i�' iioAC�4E iti�lg Si It it* X5546! °ire fbiF f awl et ,.,,t, a Aor Lse oho ige ," t +9n ,� yr oti�fkj i�trr}e soras�s ive-{ a iorat€� -eerie ex eed rt -�,T W �° Fap FrakeliA4,dtre -Of-fl t be aeu, ., atote owified fea te - arppre=8-- :- �- �F��es -of dete tl--Pur.sw sH 1, k, FFX.a C 19. 90 { tsr ert€orl3tiatg a e{opl er�t}elad�ar -1 -3 1{4� (strt r dewtlk- Frt ae k }s- a{{- IVOt- bareraraartec{ tc�waa�ls- k }�e- 7- �- Fereea�t- t#ere::i�eId �iai�•- wild•• tr- igger�F�slisa�iorY- e€- f�is- :Tataseetsr�n: i oh-n. The 6ity "lee e'er -Fro ision of t#tis ti -i€ Elie ram�va f a �:kga woa {d reqtfire°tE ei is Faye- somaettsatiowupider any. leral, state Or oilier-- law- or.ledrng- Gllapkw 44€-2 ICE -W- (Gr4 --No -I.9- k.} li, 4 6 Ian Qr 1*C 4-39 [ r, o, r�' S 4tif -� 'ter '" -•"mss - aril -Alo- �J4-0 „-l} 3-t #-{ €� 414 3rd No.._4k 41g, i 7- 04•; --ord No. W _ z c 7 4-21 92; 4 3-9 Ertl: -No- 9n3 § 2(165 3crtn , � 2 27 nn Gode -2001 § 77 34 liens, f.H9}tteFa 9.140 FWRG. 87 FWRC Chapter 19.30, "Nonconformance" Pale 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 , ' subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance_ 16 p (1) Redevelopment. For tlic purposes Of this section, "redevelop„ or ,•redeve Wrnenl " mean.% a project that Moposes to add re lace or modify ini ervious surface for a )ores other than a residential subdivision at maintenance on n site that is already substantially developed in a manner consistent with its current zonin r or with a legal nonconforming use or leas an existing impervs'0us surface coverage of35_percent or more Water quality for the entire subject property must be brow ght into compliance with Title 16 FWRC where the Pronased 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 Desi n Manual or equivalent as amended. ( �} l2�ecJet�elep�errt� }y�rson- prvpesing- to-rerlevel E rp- a�uo�E rim fsrcavett3arEt; - Elewelepnisr; t- t�- p�atrs t 1�rErtgtl3at stoma;- impsven} eE�t�e�elc�pnae�tt- ar- prflper- ty-�r+ ter- serrrpliia-:: �,,,;;- t;; e- d�yelopmetat- regtl�l�Etiet�s -in 1'��1 ?�C Ti- tle -I-6 -- parts- i.fitir►g -te- water- t} �xa€ �. I�tare- llte- prt�posesl- r�d�eleptnent- rttee�r- ex��tls-- tlle- Eltr�sltold+ -aeE �}ri1E- 13E�1{ iii+:- ��F- tlkB -pt3�}[3S�5-p�t113�- S9Gt -Efli#� " A�' F��i$ el eEffr= er= 't�EEle�elfl�9Nr�rti�n�; vt}- fE# i- F41reEE #lj'�d0iF+2�lop�d- 5�1t�*: da�e�E<eaEien- er- ,ad�litiaa -o#' it�jps�ioE3s- sur :fa+e�- ths�- ex}�ansibt�f -a- lit+;-] dt: 3g- fe�rtfxaE�t- er- aciclil•i[�n- flr- replasettiant -ova :stt�tcE> ire- strra�t�Eral- dei�lspll3r�Ett- i�tr�lucl inn- itteteas�irr- gra: �s--# 3evr�r+ :a- andl$r- �?�inr- �anstr�ct:iUrt -oF Eem�i�liz�gry where- the- st�t�t�a11- �ie�lept3ie►tt- eyed.. ��. �' �: �- 'n'was;+esseci- �r- ap}�r�tsed- value- ei"- t1�c�- strttotur�e End g- r�r�►reh�ed; -tl�e- repair- t�r�ph�aat�� ,gin- e.�- ,�npet�ie�+:,- stEr�tc�- that -is - stet- pa,�.T- ��,�ine meir�terta- nse- a�tivit�; a�ha }a ^ °s4- ,�rn.,•rso°,;^ltisl�ten� ease -a-new -- pall+ �tatat�} 3o- tlte�- si€y's- sE�r€'aee_water a�ian�- �istE�iing- ttst�v- ivies- as;4vsiated- with- trn ,pareiotsrreflarelrrpl$te�a�tt- (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 str- ucture or improvement- beingredewleped. The- appraisal - - - - -- - - -- - must be from state - certified general appraiser. For purposes of determining value under this section-, improvements required pursuant to FWRC 19.3 0.090 (nonconforming development), FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 88 FWRC Chapter 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 plait designation of CG F (City Core — Frame) or CC -C (City Core — Center) may construct water quality facilities required by this section below grade. 89 FWRC Chapter 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. 19.30.130 Spee €sl-P FOYASiGHs'fe e-neneenfoFming as to density It of t e (- 1- �i�€- �l mpr�r+ esa�eFyts- prl- thhe- salije�t- prepe�y- are- �. �: 3�t�destr�' yei�d�- Hn�- sadrler�t,��,- }t��- stnir�na�e .'visin�- kkfTitS-"d4hetfHA."' fleerarrea- it n"n the - Sii�j""'. be- ir�area�d-- f�- a�n- Eha€- w}} el�xiste€[-- iamr�i�rt�l- y- �i�an�age -ar-dt +t�cten- t+t��} -a��y- other- �xorst3enl`o>:rnity -�rl' ar- one��abject -p y-wa3� i��se l �l:it�icarage erg available -i-€' t} al lisanf a 'plie #ar n bu%l ding pe+ -' on'ms ke ,ttd art e r es cHc a nd sr�Mrrre -tien (2)- Q1he1F44 -*a aai:- -syeeG ed4W- .iib%ea"n (-1) of this otie., the none 7.. 'eetC" appiiaan is ra }aking-eh2a}ges, aP4erati �=: �g etkrer� es 1 otke than na atta} s� ais�tes. ,;, -sn3� l rnranF }a tx��Hs) -c ad €cif na i t -vctk3 of �e al ar s; a #ts allt ns er�tl�e� w r ex ee is 50- percent -o ihe- assesse"r aplafaised�+ alu° t- naidti- utai€- stfas3uro-- T- he�ppr�isa�- ��tus�e� 'i'o1�t�- sta�te�- eer�i�ed- real - estates- apprese�; C- }�at�ge,[#ereti+atts -; adcl- ittans- e�rt�� -we�� ins- su�esl- tc�a- Il-at3 plies- re�utrenier�ts- a�1- Ias�C- •tie- incic�di�tg€xrt -not lteei tc�r$v,teaas mla�:�ca1 areas ¢�,T��ItCC ale 14 l�i�isEer "�`, ��€f�reet �a�€f�ag (��tet l 4 130 PAIRG) , + Y~ 1 is (Ghapw to 135 FWRG� , and landscaping inh -p.__ 19.125 ....,.., s (3) Otker t }gin spesrlie i� otion ( ) e thi seativn; t1 r�encc�nf�rn�irrg t{se ar €{en pit aalst # eer eeted l die- applie,, t makiflg- ehanges, alteraiio ls; ad�iit art�pre ve r e� tsar dai othe warl��ther than Mart al ataaif�tewaneaaty�rx }oat}�er%e+tl; ort- EFte- sa% jec- i�>;'epes�- ssnta�►irtg��iragle- fancily- use- af�d-- 1'ai�- taaar- l:�t -vaiue of- t- l�sc�- c�l3ange�a}te�atic�ztld� ions- er- etFier- Ivor}�exeeerls- �5- fierc�nt- cif - tits- asses�;�p�ised- valtae- of -1 -1�t sing, l�alaaily- struet�tre�!: ^:;f,Y,�:, alteratiatas; adclit' ros�ls- er- atf3er- worlf- naarst- eflrnply- wir l�- al}- lae�{l�df €x�etasional --a��d tat }aer- de►�ele aetat re[ttrif faaan -fermi single, - racily �letes}secl dwe }ling loeatell- �r�tl3e R� -7 ;<c ne (€WRG } 4-211 A' n, ` �.13e ppraisalaaa a fr at a stato -c rifted real c�stete praaser- laarrge , Eteratian.,- addit4on"r- c�ta�+ perk- is-- s{ lbjesf- to-all- �applir�ble- r�+rini�o=- 413is- Code-- ino]uclirag- Batt - loot- lisxited -ta Xrrcrvisit�r3s- dated -to srl �I RAC Title 19; l3iv+s ora }; calf i eet parking(-Chapter -19: 130- F- W4W,),- Hiiprflvenients4,C4aopter 19.115 1 and ng (Ghapier 19.125 F-WRG) (Ord Ne. 19 652 cr 11, 12, n 6 10i n .1 ai ne 468 s z 11 16.04; Ord. No. 02 419, c z - 2 021 ri_.1 N nz env § 3,12 16- e. t} ?- C�rii��lla:�i�- I.3�1fr3:4�j� i- 3 --E�2; C 7, c1 :- Plo-- r3�- 13�;- ,�'3(- tt'�•^{', ^,- 2. 1-- r32; [7,cl— AJJ�- gl�a- 1- �- §- 4( -3-G3 �l-a); 13�s3- ��}1<1- N&.-9&-4-3-, Crass- refere +eecl- f]istrioFr+egulAlicrnsi f`�ltC— 'Fine -lay; 9ivisitslf�i: 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. I (3) Loss oflegal nonconforming ADU status. All -Legal 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: 90 FWRC Chapter 19.3[} "Nonconformance" Page 11 of 14 (a) Increase in square footage. The applicant ie iHMasingincreases the gross floor area of the any ADU; or (l�j� -F9t,� r�crkc�;v t�n:s =1"4�e applioa �€�3 a�ingy- c��at�g+�;- alEer -a ir- per -ft�mi €�-- �worlt -ot €�3�t1}a :i-- ��o�na l !}3&ii3E9i�$mc v� vili93ai t4kttfit}i3rf3i �@Htfi in di,,a- i,BF1�#7$FiEB<8li�i} i .1,.mi=)li�£ „r a, a n11 , eAer*iif*d (b p) 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_ (il}£ lr ge i�r r cc } tare leas �a airge i�� lose oi� 11�e �ubje"r-oper 4y- a:,hat-Eeri+i-is- de"ed-by-f-W4W 19.n�� 4D7 (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- L.eg.,al 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, iner-easingincreases the gross floor area of the principal use on the subject property whereon the container is located_; or r'�`- `�''lrc�r- crlde�frll�rrr sal= lte- applieartl- ic;- kttalti- ttg- akiy- y- c- �iar�ge ,- �lteratia��;- eg- l�er��rt3 F3tg- w�rt�lti- ether- t}iai�nt�raaal Imarin4e"anGe-- e"[her441an eat Pr-eP014y ii! -MY 12 h period- aitel- the- �fair�arlcei- v; �lae- a�kts #t- shartge�ltei-- a ►i�.s; -ar- other- wcara€c- •e�t1:+ -5s- jeers- en�af- �lte�::�s�� (c) Abandonment. The subject property containing the storage container is abandoned for 90 or more consecutive days_ r.�'�'4r��e- iii- res�aere- 13as- i►eei�ttge- i�t: -ktse -sir- the= stik�jl�ropar- Eya�aaHerkt�- i:,- ��,�,� �,.� (Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22- 338.3.) 91 FWRC Chanter 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). O A proposal for improvements _ shall not trigger a requirement otherwise applicable under FWRC 19.30.090 that an applicant correct an existing nonconformance, as to let uirem}en€ 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 � C 4 " ricmBtiHi3ipriW @�FF78ntS aPid eixv'- rii°rrrsr FC-r'aill ttl a!,-- lvn" � 12 - W"eiit" Ee±-nei e *eee a 75r w n::e a 58 -t) 8 + a1 Bl N3usfi 3e frBH t - 8e u dep4his -Si3hs 1HFauan neea}#e�alpar �� �" '-� 'ten c'�tt�sidewlk inpr4v�) shall not be ee Q; aFd � , hula ., g piiearian of-�i is snlssesliaar -and pewent r (ii s) The proposal is otherwise consistent with the public health, safety, and welfare. b Where mmental acquisition Ofp—rogerty or eas ment results in the need to rel sate nonconformin improvements, those improvements may be relocated on the subject ro peg rovided they are not made mare 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 gpplication for compliance with this chapter eeffeotien. In addition, the city will not issue a land use approval or building permit until the correction is made. 92 FWRC Chapter 1111 9.30. "Non oc nformance" _ V- 13 of 14 (1) A nonconforming use as defined in FWRC 19.145.480 may be continued unless the thresholds of FWRC 19.30.0780 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. 04 -468, § 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. 90 -43, § 2(165.60), 2- 27 -90. Formerly 22 -343. Code 2001 § 22 -342.) Cross reference: Buildings and building regulations, FWRC Title 13. 1J:30:�0n l�;, ce��provislor3- fer. da ,n>trtg+sd- inr,praoveai3etrt -s. i- t- a- tlsnsvn€ carn�ing-- itnpr�vice} �t- istlana�� "�udd��- ae�ic�atal�au:�e; t13a1;- in�prevement- r�aay- �Fe- ree�t�s3�rsted c��eet�- t#3e -€el -lewd ng3�trirernea ot- o4}3erw ise r'r a cyst a1 r rtsirnc tke lama �- i��provetaaeat� lees o x rsetat ef�#ie asseste+d- er-- appmised t}aurf Flea itnpremertpxior�e tbe�ge; eeai C;z t- ltanialaplies tai >hree�x�sFrnctioral"dhrt�aged stnprc��+emeR#sata�e�ity- sent- c-�are of3d- frarr�- a- at#-- thy- di_ °,.•...- .,. �.eq��e r��itta �. --��na r�pg�es- tea- i#ts�- t��boilt i� �a p r�vc� ants-t# tat -a re- +sat�„�.n�;�ie�a- g�at�er�e�+el� €�•eanl� lia rice -wii l�- Elie -�i te-a vac# -de siga- guido% }ru�;+�t- till;; tie-; --ark- ed;- t #ta#- #lte -at e�resertala � a �^ '',° ' Prcr' (4 - prv}�ar�riatta #- to -O-iF� lid pg�ad . l�- relate-- �.- -,n��, et�ietat .) -attd reotinsirueti t r sl ire app i al must lie #ream- estate serEified -r l estates -app ise [-2) --T4i it- npmYeltteti#, s r c ►3sEr ter#; is et-at nc�re naansvrrfarrttingtha�t it rvas- inatrSet#iatcly- privr�o t €itad age (3) �13e apllic nt afslalies iaar %iuiida d away -}mod tt4e I�e its- te-mo stfuet-1 lie- adatt-iaged- ifnprevem"t -- within -six €7/ onths._8rf�t#t/� (fir #1- A1k}- FS- {rS��.� 1C F- ��f.�- Cl3,�YFiI:-t^�i� -till' ��� -,;ii a R.-- .�-x- �r-v- -lY�r� 7, 7 1�= VFL�:-Ni�:- �•���1-= 'Y{}-�J�� C-- rrrss•s2fercn eesr- A1r�pc�Fls{t� irai�rr�i ug -��pcw l -n f-] rrrwwt'; ks- I1- dKC+iSior�3!,- F�RC`- I- t#:St�RU: 19.30.2040 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.) a,ross reverences: Utectwe 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. 93 FWRC Cltanter 19 30 "Nonconformance" Page 14 14 EXHIBIT B Federal Way Revised Code Title 19, Zonins 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- niettgage foreclosure. 19.05.090 I definitions. "lRlegal Noncon armance " means those uses, developments, or lots that were not �'egal when they were created or established and do not conform with current zoning re ulations. This definition shall be aRplied to nonconfonniag tots uses and developments as defined in this chapter. 19.05.120 L definitions. "Le al Nonconformance " means those uses developments, or lots that corn lied with the zoning regulations at ti :e 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 ox tl}prwed� cY- �p»i., +ion_ °NonconfornihmLot "means any lot which does not conform to the current . standards of the zoningdistrict in which it is located. ,Noncon ormin„g Use" means any cxisting use which is currently permitted in the zoning district in which it is located. "Nonconformink- Damd- opmenr' means any buildings structures, or im rovements which do not conform to the current bulk and dimensional standards and other re lations of the zoning district in which thgy are located including but not limited t0- setbacks, height limits, density, landscaping, off- street parking, other parking requirements, lot coverage and drainage facilities including low impact development. 19.05.180 R definitions. „Redevelop or Redevelopment Proiect" for the ptupose of nonconforming water c uality (iMprovementsi -cans, aproiect that ra oscs to add replace. or modify impervious surface (foLpuiposes other than a residential subdivision pr 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 snore Water guality for the entire 5ubiect property must be brow ht into compliance with the Federal Way Revised Code. 19.05.180 S definitions. -" 5�;:..... r ..�...�.:.. any ehange-iff4he-wippaoiag me bo --gef strust 4 FWRC Chanter 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 Iegf&buildable lot ing site. A lot or parcel is a legal- buildable lot ire 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 roviding access to that lot or parcel, that meets the minimum requirements of the International Fire Code and other code revisions established by or under this title. W-LMQtWng 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 ermit 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• r The let lines defining the lot or- paFeel beene—d -e-d- the eu. s +,V� seF' ...iY:o _ r �.. t'..1.. -. , 28, f non _. --4 .t._ 1,+ .. ----- ,.1.5,,.,...,..� �. .Ia........ i�'�aT Ii�BPii'MA��4f ed by the ao-` ses— of a se igueu � + � ebsega$rt� -date. (c Lots less than 50 percent of the minimum lot size required by this title are combined with one or more con!jWus lots under, the same ownership until the resultin lot a uals at least 50 percent of the minimum lot size re aired. If that is not possible, all lots under contiguous ownershi are combined into one lot which may then be developed. d The intent of this exception shaII 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 rig-his ofways, tracts, lot fragments resultutg 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 subject property has ceased for more than one consecutive 12 month period the applicant shall and/or =ore e emisgng impr-9vern2nts on the site (e. p.. drainage. landscapingcurbing, 12arkiggstriping, etc. to a 22ndition as Mr as physically possible to the condition required under the approval(s),of the existing, development. This pro-vision shall be irnolemented as a condition of the huilding permit, land use or subdivision approval 95 FWRC Chapter 19.105, "General Development Regulations" Page 1 of 1 EXHIBIT D Federal Way Revised Code Title 19, Zoninix and Development Code Chapter 19.140, Sims' 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 sills 19.140110 Nonconforming signs. 1 Fur Ose. In order to ease the economic impact of this Code on business ersons with substantial investment in si )ns i a existence on the date of a o lion of this ode or on the date of annexation if located in areas annexed to the cit thereafter this section provides for u to 10 ears of continued ease of nonconforming sign in its existing state. During this period, it is expected that the sign ma be amortized in its value over this 10- ear time 32eTiod and/or may be amortized for federal income tax purposes, provided however, that whether a sign is amortized for tax uses shall not affect the a lication of this section. 2 ae inftlons. A "nanconr ormin sign " means any si n as defned by FWRC 19.05.190 which was leggally 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 gomply comply with the si n regulations of Chapter 19.140 FWRC Si n or any other ections of this Code. Any wordy terms or phrases used in this section and which are not otherwise defined haII have the meanings set forth in Cha -ter 19.05 FWRC. i3.i Lgpa1 nonconformance. FWRC Chanter 19.140. "Signs" 96 Pa e 1 of 4 ra Eligibility, Any nonconforming si n located within the city limits on the date of adoption of this Code FebruaU 2$ 1994 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 nonconfon-ning sign provided it meets the following_reguirements: (i) The sign was covered _by a sign pennit on the date of adoption of this Code, if one was required under applicable law: or (ii)1 If no sign permit was required under applicable law for the sign, the sign was in alt respeetfi in co fiance with applicable law on the date of ado tion of this Code. (b) Allowed., All legal nonconforming _signs are allowed subject to all permit requir�nicjg tine provisions covering loss of IeW nonconforming status and other limitations set forth in this section. c Exclusions, lrxce t for billboards off -site signs, and roof si ns xohibited signs as defined in FWRC 19.140.130 shall ngt be eligible for characterization as legal nonconforming signs and must be,rpmoved u pon notifieadon by the city. (4) Notice ofdetermination. a Re aired. After the sit conducts a si n invenLoa. the city shall anal a whetltcr each sin complies with the sign regulations of QbApterI9.140 FWRC. Signs, or any other sections oft his Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign confomis 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 subsecdon 5) of tltia section. Signs that do not comply with the sign regulations of Chapter 19.144 FWRC. Signs, or qny oilier sections of this Code or are not eligible for characterization as legal nonconforming signs must be removed upon notification by the city. (b) Neeg aiT information, The information associated with a sign and ittts 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 sib Ir�cated 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 Arn rtlzrctlon. All le al nonconfonning signs shall be discontinued and removed or made conforming within 14 ears from the effective date of this Code on or before Februaa 28 2000 or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. Upon the ex irafi n of the amortization eriod the sign shall be brought into confomiggee with this Code, with a permit obtained, or be removed. A sign tsrohibitcd pursuant. to FWRC 19.14 .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) Alpelicability. This subsection applies to any sign which is required to be removed pursuant to subsection (5) of this ocetion following ex iration of .the amortization Keriod. (b) Pzvj?QSe. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amorti Lion pMgram 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) Wlao mavanply. The property owner or the person displaying Elie sign_wltich is required to be removed pursuant to sqb ection (5) of this section may apply for a sign amortization extension or exemption. (d)Deeisaona! crite^rica. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteriw is om atible witli the ar hitectural design of structures on the subiect property (ii) The sign substantially complies with the requirements of the sign code for the land use district in which it is Iocated. For purposes of this subsection. ' :substantla! camgliance" means that the height of the sign is-within 10 percent of the sign height inquired by Chapter 19.140 FWRC and that the sign area ofthe sign is within 20 percent of the sign area restui_red b� se Chapter 19.140 FWRC. Minor deviations from the t' WRC Chow 19.140, ^5igr " 97 _ Page 2 of 4 ercenta es ma be approved b the administrator if he or she concludes that the resultin sign is harmonious with the character of the primarystructures on the subject property and with the signs and structures on surrounding ro erties• [iii} The enforcemcnt of this Cade would result in a substantial hardship to the appliont-dm to the size shape, togography, location orsurrounding of the subject proneqy and such hardship was not created by any aet_on of the applicant. iv The sign com lies with the cit 's minimum si n distance at intersection re uirements rsuant to FWRC 19.135.300 et sect.: v If illuminated the sign is oriented away from residentially jdevelor&d or goned propgqy 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 viii It is nsistent with the pubtic health safty and welfare. LCj_Appl cg&_e t t•ocedure. Except as other wise provided bLthis subsection fi the city will „process an application for a si go artiorlization exemption or extension Virough progm I of this Code. 7 Loss o.—le-Xal nonconf ormfrag sigh status. All legal nonconforming signs shall be immediately removed or modified to conform to all the revisions of this tale and a new permit secured therefor, and such he al nonconforming sign shall immediately lose its le al nonconfon-ning designation when one or more of the following events occurs., LLStrucrcrral chaggi s. 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 a licant is making any change, alteration or perforniing work other than normal maintenance or other titan tenant im rovements in any 12 -month period, to any structure that houses or supports the use with which the legal non onformin si n is associated and the fair market va ue of those changes, alterations or other work exc eds 25 percent of the assessed value of that structure as determined by the King County amce sor. c Abandonment or husiness cessation. The subject RMeqy containing die sign is abandoned for 90 or more consecutive days or the activity conducted on the subject prORertv ceases for 180 consecutive days. d Sin altercafons. The QDDlicant is making ch n es alterations or pg�forrning any work to the Ie al nonconforming sign other than regular and narmal maintenance Proli:ibited sign alterations 'include relocating, the sign or replacing the sign; n rovided however, that rel2lacing any individual tenant's identification si n in either a center identification sign which se aratel identifies the tenants or in a tenant directo si n shall not result in the loss ofsuch fit n's legal nonconfomiin sign_ designation. e Ch€rn a in use. There has been a clean a in use on the subjqg�LpEopen as that term is defined by FWRC 19.05.030. La Chun e in levant. There has been a change in tenant or business on the subject propegy. In connection with any multi -use or multi- tenant complex, the Lore going, events which re wire that a legal nonconforming sign be either removed or brought into conformance with this Code shall apply- one to o the individual owner's or tenant's building - mounted or freestanding signs who has triggered the elimination of the 1eMI 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. EMEngk2ngfomorlization period. All legal nonconforming signs shall be discontinued and removed or made conformity within 10 ears from the effective date of this Code on or before February 28 2000 or within It] ears of the effective date of annexation if loco ed in areas annexed to the ei!y thereafter. 8 fits uric signs, Nonconformity on -site historical signs may be retained throw i rocess IV of this Code if the si n is determined to be of historic significance by satisfying ing all of the following criteria` W The si is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (b T) lte subiept sign or signs are substantially unchangd pr [[nattered since initial unstailation: - -- - - - -- — - - -- c The subject sign or sittns 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 Rublic health safety and welfare. FWRC Chapter 19 140 "Signs” 9 8 . Page 3 of 4 (9) Government acquisition o[Rropeny or• right -of -wad (a)_A sign that becomes nonconforming with respect to its setback from the edge, -ofa public right-or-way as as result of a local state or feder 1 government ac uisition of proverty for right-of-way expansion shall be characterized as a legal nonconforming sign- and shall be allowed subject to the re uirements of subsection CU c) of this section. b) The city may, using process 1. allow the placement of anew signor relocation of an existin sign within a required setback if it meets all of the following criteria: CO-The enforcement of this Code would result in substantial hardship to the applicant becatise no feasible I cation exists to lace a sign on the subject 12roperLy other than in a required setback and such hardship was created solely by local state or federal govemment ac uisiti n of pEgperiy for ri ht -of -wa expansion and not by any action of the applicant. ii The sin is not prohibited by FWRC 19.140.130 and except for location within a LeQuired setback complies with all other requirements of Chapter 19.140 FWRC, (iii? The sigrg complies with the city's minimum sight distance at inteaection requirements pursuant to FWRC 19.135.3QQ ct sc . • and iy Location of the sign with a required setback is otherwise consistent with the public 1rcaItlt safety and welfare. - O_Loss oflegal noncon orming sign status. All nonconforming signs specified in subsections (9)(a) and () of this section shall be immediately removed or modified to conform to all the l2rovisions of this title and a new ennit secured therefor and stich-nonconfoming sign shall immediately lose its le al nonconformin desi nation wlien one or more of the following events occurs: U The applicant is making; any changes. alterations, or performs any work to the legal nonconforming si,zn other than regglar and normal maintenance. Prohibited sin alteratigns include relocatinp, the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory si n shall not result in the loss ofsuch si n's Ie al nonconformin si n desi nation• exce t that a le al nonconforming sign maybe relocated without losing its legal nonconformin, tatus and eligibility for the I 0-year amortization Wriod 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 a ce ent executed with a loco] state or federal government, (BI 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 si i for bringing the si n into conformance with the revisions of this title 17 the owner of the sign applies fora pennit 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 at increase the nonconformance of the sign: or QH The applicant is making any changes. alterations, or performs work other than normal maintenance or other than tenant improvements to an structure or improvement that houses or supports the use with which the noncogLorming sign is associa ed and the fair market value of those changes. alterations or other work, to anv one consecutive 12 -month Rcriod, 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 uses f determining value under this subsection imprpvements re uired Pursuant to FWRC 19.39.090 nonconfonnin develo meog andlor 19.30. I 10 s reet/sidewalk imp ravements shall not be counted towards the 75. percent threshold which would trigger application of this subsection. d Lxem tins The city may elect not to apt?I any provision of this section if the removal ofa sign would re wire the ci to pay compensation under apy federak state or other law, including Cha t r 4Z.42 RCW. Ord. No. 10.652 8.4 -6 -101 Ord. No. 09-595, 9 1 -6-U9• Ord. No. 05 -486 3 4-19 -0 • rd. No. 04 -468 § 3 11- 16 -04, Ord. No. 01 -39 1 -17 -0 1. 00, No. 99 -357 4 12 -7 -99° Qr . N . 97 -307 3 12- 16 -97' Ord. Net. 95 -235 §.6-95i Ord. No. 2 --144 3(165-35( 5 6-16-92: Ord. Nil. 92 -135 3 1G5.3 5 4- 21 -LV. Ord. No. 9'1 -1 4(165.35(5)), 1'2- 3- 91.Ord. No. 90-43, 2(165-25 5 2 -2 -90 Code 2001 ' 22 -33.5. Cms reftsmice, Sian resrulmsiarts Clta 1.' ,iRO FWRfi 1 FWRC Chaps 19 140."Si s'• - 99 n$c,4off4