ORD 15-804 - Relating to NonconformanceORDINANCE 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