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ORD 15-804ORDINANCE NO. 15 -804 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 -804 Page 1 of 34 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 -804 Page 2 of 34 (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: L UG1 Create an attractive, welcoming and functional build environment. L UG2 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. L UC3 Preserve and protect Federal Way's single family neighborhoods. L UP4 Maximize efficiency of the development review process. L UP6 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 -804 Page 3 of 34 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 ffieftgage 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 (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Ordinance No. 15 -804 Page 4 of 34 "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 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 Ordinance No. 15 -804 Page 5 of 34 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 definition 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. "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. Ordinance No. 15 -804 Page 6 of 34 "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. Fle +� d Re erence daturn (ABE) hghest Elevation "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. "Illegal Nonconformance" means those uses, developments, or lots that were not legal when they were created or established and do not conform with current zoning regulations. This definition shall be applied to nonconforming lots, uses, and developments as defined in this Chapter. "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." "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. Ordinance No. 15 -804 Page 7 of 34 "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. "Legal Nonconformance" means those uses, developments, or lots that complied with the zoning regulations at the time the use, development, or lot was created or established, but do not conform with current zoning regulations. This definition shall be applied to legal nonconforming lots, uses, and developments as defined in this Chapter. "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: 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. Ordinance No. 15 -804 Page 8 of 34 "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 "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 requirements, lot coverage, and drainage facilities, including low impact development. "Nonconforming Lot" means any lot which does not conform to the current standards of the zoning district in which it is located. "Nonconforming Use" means any existing use which is currently not permitted in the zoning district in which it is located. "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." 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, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 yercent or more. Water quality for the entire subject property must be brow t 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. Ordinance No. 15 -804 Page 9 of 34 "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: (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 Ordinance No. 15 -804 Page 10 of 34 500,000 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: Sections: 19.30.010 Purpose and intent. 19.30.020 Administration. • • • Chapter 19.30 NONCONFORMANCE 19.30.040 Regulations of legal nonconforming uses not identified in particular zoning districts. 19.30.050 Abatement of illegal nonconformance 19.30.060 Immediate compliance with certain provisions required. 19.30.070 Certain nonconformances specifically regulated Generally. 19.30.080 Nonconforming use. 19.30.085 Nonconforming lots (buildable lots). 19.30.090 Nonconforming development. 19.30.110 When public improvements must be installed. 19.30.120 Nonconforming water quality improvements. 19.30.130 Special provisions for residential uscs. 19.30.140 Nonconforming accessory dwelling units. 19.30.150 Nonconforming adult entertainment, activity, retail, or use. 19.30.155 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. 19.30.200 Special provision for damaged improvements. 19.30.210 Appeals. Ordinance No. 15 -804 Page 11 of 34 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 structures, and to provide standards defining lineating the circumstances in which nonconforming uses, developments, and lots structures 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, FWRC 19.105.010). (2) Ensure a- reasonable opportunitiesy for the use, maintenance, and minor improvement of legally nonconforming developments changes in use and tenants of nonconforming developments. and allow a reasonable opportunity for (3) Ensure a reasonable opportunity for continuation of legally established nonconforming uses, but prohibit their expansion. leeated (4) Encourage the removal and replacement of nonconforming uses with conforming uses having (5) Encourage the upgrading of nonconforming developments to conforming developments buildings, with the applicable regulations prescribed by this title. Section 10. FWRC 19.30.020 is hereby amended to read as follows: 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 or development, or lot en4be-aubjeet-prepetty that is nonconforming not under this title. Section 11. FWRC 19.30.030 is hereby repealed in its entirety: 1 1 1 Ordinance No. 15 -804 Page 12 of 34 Section 12. FWRC 19.30.040 is hereby amended to read as follows: 19.30.040 Regulations of legal applieable4e nonconforming uses not identified in particular zoning districts. If a use is nonconforming in the zone in which it is located, this title does not establish applicable dimensional or other regulations. If the use is a legal nonconforming use, the city will, in order to identify applicable regulations, determine the zone that allows the uses most similar to the nonconforming use and apply the development regulations of that zone. If the use is a legal nonconforming use that is allowed in one or more zones other than the zone in which it is located, the city shall determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone. Section 13. FWRC 19.30.050 is hereby amended to read as follows: 19.30.050 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. Section 14. FWRC 19.30.060 is hereby amended to read as follows: 19.30.060 Immediate compliance with certain provisions required. (1) Generally. Regardless of any other provision of this chapter, the following nonconformances must be immediately brought into conformance with the applicable regulations of this title: (a) Nonconformance that constitutes a public nuisance under FWRC Title 7; (b) Nonconformance with the lighting standards in FWRC 19.105.030(3); (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 director and Fire Marshall +n (d) Nonconformance with the provisions in - .. - • . - . - , : - : Chapter 19.130 FWRC; Articles V through VII, regarding parking and storage of large vehicles in residential zones; (e) Nonconformance with the provisions in Chapter 19.140 FWRC regarding portable outdoor 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. Ordinance No. 15 -804 Page 13 of 34 Section 15. FWRC 19.30.070 is hereby amended to read as follows: 19.30.070 Certain nonconformances specifically regulated--Generally. (1) This chapter FWRC 19.30.080 through 19.30.110 specifiesy when and under what circumstances certain nonconformances must be corrected. If a nonconformance must be corrected under this chapter section, 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 eo: gin. l is made. The city may withhold, at the discretion of the Director, all land use, building permit, other approvals, and /or issuance of the certificate of occupancy until the required conformance is achieved. (2) If FWRC 19.30.060 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: 19.30.080 Nonconforming use. (1) Any nonconforming use must be terminated if: (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. is ..,,a',:..,. structural nonce (be) The subject property has been abandoned. se Section 17. Chapter 19.30 of the Federal Way Revised Code is hereby amended to add a new section 19.30.085 to read as follows: 19.30.085 Nonconforming lots (buildable lots). The development of a nonconforming lot under this section shall be subject to the buildable lot provisions of FWRC 19.105.010(2). Ordinance No. 15 -804 Page 14 of 34 Section 18. FWRC 19.30.090 is hereby amended to read as follows: 19.30.090 Nonconforming development. (1) All nonconforming aspects of a development must be brought into conformance if: 4f- any -aspen this title, that aspect, structure, improvement er development must be brought into conformance or (a) An applicant proposes to add to the subject property either 2,500 square feet of new gross floor area or more or 25 percent of the gross floor area or more of the building(s) on the subject property whichever is less, within any consecutive 36 -month time period commencing at the time of building permit issuance; or provisions related to critical arch V of this title), off street parking (Chapter 19.130 FWRC), improvements ( Chapter 19.135 FW -RC), and landscaping (Chapter 19.125 FWRC). (iv) If the increase in gross fleer area invel-vcs an cx- isting single story building in the city center (b) The property is abandoned. site. Ordinance No. 15 -804 Page 15 of 34 value of the alteration, change er othcr-wefk cxeccds 50 pereent of the assessed or appraised value of subsection is triggered with respect te-a single tct Of single occupant site, the applicant shall meet (2) Exceptions. (a) For a building (or group of or buildings) greater than or equal to 50,000 square feet, conformance as identified in subsection (1) is not required unless the applicant proposes to add 4,900 square feet of new gross floor area to the subject property or ten percent of the gross floor area of the building(s) on the subject property, whichever is greater, within any consecutive 36 -month time period commencing at the time of building permit issuance; or (b) An increase in gross floor area of an existing single- family residential dwelling shall be allowed provided the nonconformance of the existing structure is not increased and the addition complies with all development regulations in effect at the time of the proposal; or (c) 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. (32) This section does not govern application of Chapter 19.115 FWRC, Community Design Guidelines; application of Chapter 19.115 FWRC is governed by FWRC 19.115.010 through 19.115.1200, as amended. This section also does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements; application of those development regulations is governed by FWRC 19.30.1200, 19.30.14 -1-0, 19.30.120 and 19.1350, all as amended. Section 19. FWRC 19.30.100 is hereby repealed in its entirety: Ordinance No. 15 -804 Page 16 of 34 FWRC. (3) Legal nonconformancc. Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter location, a photo of the sign, and such ether pertinent information as the director may require to the effective date of annexation- if located in areas-annexed te the city thereafter. Upon the expiration of St obtained, or be removed. A sign prohibited pursuant te FWRC 19.140.130 may not be brought into Ordinance No. 15 -804 Page 17 of 34 exemption. that the height of the sign is with 14percent of the sign height required by Chapter 19.110 pursuant to FWRC 19.135.300 et seq.; (a) Structural changes. The applicant is making structural alterations or incr using the gross-goof-area associated, value of those changes, 1 of e -er ether wefk exceeds 25 pereent -ef the assessed value of that days, Ordinance No. 15 -804 Page 18 of 34 relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which- separately identifies the tenants or in a tenant directory sign shall not result in the Less -ef such sign's legal nenconforming sign designation. FWRC 19.05.030. In connection with any multi use or multi tenant hex, the feregeing events which require that a tenant's name. to the city thereafter. (a) The sign is uscd in connection with a building which has bccn designated as a historic building (c) The subject sign or signs arc a geed - example of the prevailing signagc during the period in time it installed; and public health, safety and welfare. (9) Government acquisition of property for right of way. requirements of subsection (9)(c) of this section. (b) The city may, using process I, a14ew the placement of a-new sign -er rclesation of an existing sign and such hardship was c atcd solely by local, state, er federal government acquisition of setback, complies with all -ether requ-iremcats -of Chapter 19.140 FWRC; pursuant to FWRC 19.135.300 et seq.; and safety, and welfare. Ordinance No. 15 -804 Page 19 of 34 47.12 RCW. 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 , ' , development, or subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance (1) Redevelopment. For the purposes of this section, "redevelop" or "redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with Title 16 FWRC, where the proposed redevelopment meets or exceeds the thresholds set forth below pursuant to this chapter, and shall be done in accordance with the approved King County Surface Water Design Manual or equivalent, as amended. Ordinance No. 15 -804 Page 20 of 34 development or propetty-mt+st br-ifig that strrecte e, i- F11prevemerrt, development or property into proposed redevelopment meets -er exceeds the thresholds set forth bclew. For the purposes of this section, (a) Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; (b) Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; (c) Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; (d) Redevelopment which involves the collection and /or concentration of surface and /or stormwater runoff from a drainage area of 5,000 square feet or more; (e) Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the public works director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; (f) Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (g) Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12 -month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The appraisal must be from state - certified general appraiser. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), FWRC 19.30.110 (street /sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 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 Ordinance No. 15 -804 Page 21 of 34 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 — 49 >50 25 50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: (i) Have a term equal to the construction schedule proposed in the plan; and (ii) Comply with the applicable requirements of Chapter 19.25 FWRC, as amended. (b) Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. (c) Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value of all structures on the subject property. The appraisal must be from a state - certified real estate appraiser. (d) Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan. (3) Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC -F (City Core — Frame) or CC -C (City Core — Center) may construct water quality facilities required by this section below grade. Ordinance No. 15 -804 Page 22 of 34 Section 21. FWRC 19.30.130 is hereby repealed in its entirety: building permit. critical areas (FWRC Title 19, Division V), eff street pang (Chaptcr 19.134 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chaptcr 19.125 FWRC). dwelling located in the RS 7.2 zone (FWRC 19.200,04-0). The appraisal must be from a state certif=y this Code including but not limited to dated te- critical ar as (FWRC Title 19, Division V), off street parking (Chapter 19.130 FWRC), improvements (Chaptcr 19.135 FWRC), and landscaping (Chaptcr 19.125 FWRC). Section 22. FWRC 19.30.140 is hereby amended to read as follows: 19.30.140 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. Ordinance No. 15 -804 Page 23 of 34 (2) Allowed. All legal nonconforming ADUs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this title. (3) Loss of legal nonconforming ADU status. 411 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: (a) Increase in square footage. The applicant is increasing increases the gross floor area of the any ADU; or of that ADU as determined by the King County assessor; (be) 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,ef (d) Change in use. There has been a change in use en the subject pfeperty as that term is defined by FWRC 19.05.030. Section 23. FWRC 19.30.155 is hereby amended to read as follows: 19.30.155 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. Ail-Legal nonconforming outdoor storage containers shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur: (a) Increase in gross floor area. The applicant is increasing increases the gross floor area of the principal use on the subject property whereon the container is located; or Ordinance No. 15 -804 Page 24 of 34 (be) Abandonment. The subject property containing the storage container is abandoned for 90 or more consecutive days,; —er (d) Change in use. There has been a change in use en the subject property as that term is defined by FWRC 19.05.030. Section 24. 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 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 . . shall not trigger a requirement otherwise applicable under FWRC 19.30.090 that an applicant correct an existing nonconformance, as to lot coverage, minimum let size, parking, landscaping, or setback requirement* 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: (ia) The nonconformity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater; and consecutive 12 month period, decs net exceed 75 perecnt of the assessed er appraised value of of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (iie) The proposal is otherwise consistent with the public health, safety, and welfare. (b) Where governmental acquisition of property or easement results in the need to relocate nonconforming improvements, those improvements may be relocated on the subject property provided they are not made more nonconforming. (3) Other government regulations. Other than as specified in subsection (1) of this section, the city may, using process W II1, exempt a property or use from any of the requirements of this chapter if: Ordinance No. 15 -804 Page 25 of 34 (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 25. 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 the applicable regulations of this title serrestion. In addition, the city will not issue a land use approval or building permit until the correction is made. (1) A nonconforming use as defined in FWRC 19.145.480 may be continued unless the thresholds of FWRC 19.30.080 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 26. FWRC 19.30.200 is hereby amended to read as follows: 19.30.200 Special provision for damaged improvements. If a nonconforming use or development improvement is damaged by sudden accidental cause, that improvement 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. center core and frame, and the director may require minor upgrad intended to achieve a greater level of eethplianue with he site and design guidelines in this title; and ( the damage. (23) 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. Ordinance No. 15 -804 Page 26 of 34 Section 27. Chapter 19.105 section list of the Federal Way Revised Code is hereby amended and adds a new section to read as follows: 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. Section 28. FWRC 19.105.010 is hereby amended to read as follows: 19.105.010 Buildable lotiug -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 legal buildable lot ing site. A lot or parcel is a legal buildable lot jag site if it meets all of the following criteria: (a) It was created or segregated pursuant to all applicable laws, ordinances and regulation then in effect. (b) Except as specified in subsection (2) of this section, it is at least as large as the minimum lot size established by this title. (c) It is adjacent to a street, access tract, or driveway providing access to that lot or parcel, that meets the minimum requirements of the International Fire Code and other code provisions established by or under this title. (d) Nothing in the above section eliminates the requirement to comply with all other provisions of the FWRC, or other applicable regulations, prior to obtaining a building permit or other construction permit. (2) Exception, detached dwelling units. Subject to all other requirements of this title, an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel, if: (a) There is or has ever been a residence on the subject property; or Ordinance No. 15-804 Page 27 of 34 (b) It is a legal nonconforming lot and the owner does not own contiguous Tots; or The lot lines defining the lot or parcel were reeerded -i-n the eetmty assessor's-effiee prior to February 28, 1990, and subsequent-to-that-date: (c) Lots Tess 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 required. If that is not possible, all Tots under contiguous ownership are combined into one lot, which may then be developed. (d) The intent of this exception shall not be to construe remnant Tots or tracts as buildable lots. Lots that are not considered buildable lots are those that were not created for the purposes of land development and include but are not limited to, vacated rights of ways, tracts, lot fragments resulting from surveying errors, public or private easements, and assessor "tax parcels" created by segregation. Section 29. Chapter 19.105 of the Federal Way Revised Code is hereby amended to add a new section 19.105.100 as follows: 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 repair and /or restore the existing improvements on the site (e.g., drainage, landscaping, curbing, parking striping, etc.) to a condition as near as physically possible to the condition required under the approval(s) of the existing development. This provision shall be implemented as a condition of the building permit, land use, or subdivision approval. Section 30. Chapter 19.140 section list of the Federal Way Revised Code is hereby amended to add a new section to read as follows: 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. Ordinance No. 15 -804 Page 28 of 34 19.140.100 Sign registration. 19.140.110 Bond. 19.140.120 Tables of sign allowances. 19.140.130 Prohibited signs. 19.140.140 Signs in nonresidential zoning districts — Freestanding signs. 19.140.150 Signs in nonresidential zoning districts — Building- mounted signs. 19.140.160 Signs in nonresidential zoning districts — Sign area multipliers. 19.140.170 Construction standards. 19.140.180 Variance from sign code. 19.140.190 Compliance and enforcement. 19.140.200 Reserved — Comprehensive design plan. 19.140.210 Nonconforming signs. Section 31. Chapter 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. (1) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, or on the date of annexation if located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 10 -year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (2) Definitions. A "nonconforming sign" means any sign as defined by FWRC 19.05.190 which was legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter, but which does not comply with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC. (3) Legal nonconformance. (a) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (i) The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or (ii) If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (b) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. Ordinance No. 15 -804 Page 29 of 34 (c) Exclusions. Except for billboards, off -site signs, and roof signs, prohibited signs as defined in FWRC 19.140.130 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city. (4) Notice of determination. (a) Required. After the city conducts a sign inventory, the city shall analyze whether each sign complies with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign conforms to this title, it shall be issued a registration sticker. If a sign is determined to be legally nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to subsection (5) of this section. Signs that do not comply with the sign regulations of Chapter 19.140 FWRC, Signs, or any other sections of this Code or are not eligible for characterization as legal nonconforming signs must be removed upon notification by the city. (b) Necessary information. The information associated with a sign and its sign inventory number shall consist of the name and address of the sign user, the sign owner, and the owner of the property upon which the sign is located, information about the sign, such as sign type, area, height, dimensions, location, a photo of the sign, and such other pertinent information as the director may require to ensure compliance with the Code, which may include proof of the date of installation of the sign. (5) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWRC 19.140.130 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (6) Extension or exemption from amortization period. (a) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (5) of this section following expiration of the amortization period. (b) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (c) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (5) of this section may apply for a sign amortization extension or exemption. (d) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: (i) The sign is compatible with the architectural design of structures on the subject property; (ii) The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Chapter 19.140 FWRC and that the sign area of the sign is within 20 percent of the sign area required by Chapter 19.140 FWRC. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; Ordinance No. 15 -804 Page 30 of 34 (iii) The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant; (iv) The sign complies with the city's minimum sign distance at intersection requirements pursuant to FWRC 19.135.300 et seq.; (v) If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not directly visible; (vi) It is consistent with the city's comprehensive plan; and (vii) It is consistent with the public health, safety and welfare. (e) Applicable procedure. Except as otherwise provided by this subsection (6), the city will process an application for a sign amortization exemption or extension through process I of this Code. (7) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this title, and a new permit secured therefor, and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (a) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. (b) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12 -month period, to any structure that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. (c) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (d) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (e) Change in use. There has been a change in use on the subject property as that term is defined by FWRC 19.05.030. (0 Change 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 legal nonconforming sign be either removed or brought into conformance with this Code shall apply only to the individual owner's or tenant's building- mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (g) Expiration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. (8) Historic signs. Nonconforming on -site historical signs may be retained through process IV of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: Ordinance No. 15 -804 Page 31 of 34 (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 signs are substantially unchanged or unaltered since initial installation; (c) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (d) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (9) Government acquisition of property for right -of -way. (a) A sign that becomes nonconforming with respect to its setback from the edge of a public right -of- way as a result of a local, state, or federal government acquisition of property for right -of -way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (9)(c) of this section. (b) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: (i) The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federalgovernment acquisition of property for right-of-way expansion and not by any action of the applicant; (ii) The sign is not prohibited by FWRC 19.140.130 and, except for location within a required setback, complies with all other requirements of Chapter 19.140 FWRC; (iii) The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWRC 19.135.300 et seq.; and (iv) Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. (c) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections (9)(a) and (b) 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 legal nonconforming designation when one or more of the following events occurs: (i) The applicant is making any changes, alterations, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation; except that a legal nonconforming sign may be relocated without losing its legal nonconforming status and eligibility for the 10 year amortization period so long as all of the following conditions are met: (A) the sign is under threat of eminent domain and the subject of a consent decree or settlement agreement executed with a local, state, or federal government; (B) the consent decree or settlement agreement was executed and filed with the court or recorded prior to the effective date of annexation; (C) the consent decree or settlement agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this title; (D) the owner of the sign applies for a permit to relocate the sign within six months of the date the consent decree or settlement agreement was filed; and (E) the owner makes no changes to the sign that increase the nonconformance of the sign; or Ordinance No. 15 -804 Page 32 of 34 (ii) The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in any one consecutive 12 -month period, exceeds 75 percent of the assessed or appraised value of that structure or improvement. The appraisal must be from a state - certified real estate appraiser. For purposes of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and /or 19.30.110 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold which would trigger application of this subsection. (d) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. Section 32. 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 33.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 34. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 35. 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 3rd day of November, 2015. CITY OF FEDERAL WAY ATTEST: RRELL CI « ERK, STEPHANIE • RTNEY, CMC Ordinance No. 15-804 Page 33 of 34 APPROVED AS TO F RM: Y AT AMY JO P ARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 10/16/2015 11/03/2015 11/06/2015 11 /11/2015 15 -804 Ordinance No. 15 -804 Page 34 of 34