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ORD 20-898 ORDINANCE NO. 20-898 AN ORDINANCE of the City of Federal Way, Washington, relating to updating the zoning and development code; amending FWRC 14.10.020, 14.10.040, 18.05.010, 18.30.080, 18.35.090, 19.05.040, 19.05.150, 19.05.190, 19.45.015, 19.50.050, 19.65.070, 19.70.060, and 19.105.070. (Amending Ordinance Nos. 90-40, 90-43; 92-133; 93-192; 97-291; 98-309; 00-375; 01-399; 04-468;07-554; 07-573; 8-585; 08-583; 09-593; 09-594; 09-605; 09-610; 10-653; 12-727; 14-760; 15-804; 16- 812; 17-834; and 18-844) 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 14 FWRC, Title 18 FWRC and 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 amend development regulations in Title 14 FWRC to provide adequate time to issue threshold determination for complex land use projects; and WHEREAS, certain sections of Title 18 FWRC do not clarify the meaning of `lot' as related to distinguishing a short plat from a long plat; and WHEREAS, within Title 18 and Title 19 FWRC some requirements for public notice of land use actions are unnecessary and are inconsistent; and WHEREAS, definition of `special needs housing' within Title 19 FWRC does not indicate it is a `dwelling unit,' creating confusion in implementation; and Ordinance No. 20-898 Page 1 of 48 WHEREAS, additional posting notification for land use actions as required in Title 14 FWRC, Title 18 FWRC, and Title 19, FWRC is outdated by new information technology, unnecessary and possibly dangerous in pandemic situations; and WHEREAS, standards for family day care in Title 19 are inconsistent to State Law; and WHEREAS, the Planning Commission conducted public discussion of these code amendments on September 2, 2020; and WHEREAS, an Environmental Determination of Non-significance (DNS) was properly issued for the Proposal on July 24, 2020 and no comments or appeals were received and the DNS was finalized on August 28, 2020; and WHEREAS, the Planning Commission properly conducted duly noticed public hearing on these code amendments on September 2, 2020 and forwarded a recommendation of approval to the City Council as follows: (1) To amend FWRC 14.10.020(6)by eliminating the language in this section; (2) To amend FWRC 18.05.010 by providing an exemption for unbuildable spaces created to meet required health and safety regulations in short-subdivisions and subdivisions; (3) To amend FWRC 18.30.080 to make on-site posting of short-subdivisions consistent to site posting requirements for other land use actions; (4) To amend Title 18 and Title 19 to eliminate the requirement to physically post notice of proposed actions at the libraries and the city hall; (5) To amend FWRC 19.05.040 to include special needs housing as a type of dwelling unit; (6) To amend FWRC 19.45,015 by eliminating the requirement for an additional public notice on administrative variances; Ordinance No. 20-898 Page 2 of 48 (7) To amend FWRC 19.105.070 to make standards of family day care meet the criteria with the State law; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on September 14, 2020, 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. Fiii ipg . The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by clarifying language within the Code, by correcting mistakes within the Code, and by offering an economic opportunity within the City that currently does not exist. (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 14, Title 18, and 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 Federal Way Revised Code. Ordinance No. 20-898 Page 3 of 48 Sectioli 2CIoncItisi ns. 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: LUG2: Develop an efficient and timely development review process based on a public/ private partnership. LUP6: Conduct regular reviews of development regulations to determine how to improve upon the permit review process. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide clarification and improve processing of land use actions. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they clarify ambiguous regulations that have the potential for inconsistent application. Sectioii 3. FWRC 14.10.020 is hereby amended to read as follows: (1) The responsible official, upon receiving an application for a nonexempt action or initiation by a city department of a nonexempt action, shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the responsible official is aware that another department or agency is in the process of determining the lead agency. (2) When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the determination of nonsignificance or the final environmental Ordinance No. 20-898 Page 4 of 48 impact statement of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a determination of nonsignificance or environmental impact statement in addition to that prepared by the lead agency unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600. (3) If the city, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city shall be initiated by the responsible official. (4) The responsible official is authorized to make agreements as to lead agency status or shared lead agency's duties for a proposal under WAC 197-11-942 and 197-11-944. (5) The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction. fi Wat1u 9° a . , i � : eainpleteflesss &r- He a ' k-W, the i- sp i plc 'lac gal shall...u� i kllact. ' a add,414t.�i a1 -30-d y foi.....t� osibc +a„ of t` i1c cfirir cgs 1gsled 1 -� pl c ti 71 wT1 e iespoii4b - official Shall gf st-A A F, 1 deea1-4t1k -paa-r be irsc �" 901 days ffaiii-,cs� e reF"r �—�kj �,�3 -� ala' +aaala s`caae , iii dik . SeetiEffl. Ordinance No. 20-898 Page 5 of 48 (76) A "completed application and environmental checklist" is defined to be: (a) Answers to all checklist items; (b) All expanded environmental studies determined by the city to be required, whether provided by the city, another agency with jurisdiction and/or expertise, or by the applicant at the request of the city; (c) Text description and documents for nonproject action; (d) Master land use application; (e) Self-addressed, stamped envelopes required pursuant to FWRC; (f) All required filing fees. (87) Within 28 days of receipt of an application and an environmental checklist, the responsible official shall either: (a) Respond to the applicant in writing with a letter of completeness or incompleteness; or (b) Request in writing any additional information reasonably related to the responsible official's determination whether or not the proposal is likely to have significant adverse environmental impacts. (98) In the event applicant ,submits less than the complete information requested by the responsible official pursuant to subsection (8)(a) or (b) of this section, the application shall not be considered complete. Sectioii 4. FWRC 14.10.040 is hereby amended to read as follows: (1) The city shall give public notice for project-related actions as follows: (a) Notices will be posted on eac4i-�1=tlsal 11 o91 fff lames Ili mc%tywebslte, published in a newspaper of general circulation in the city, posted prominently on the site and mailed to all owners of real property as shown in the records of the Ordinance No. 20-898 Page 6 of 48 county assessor located within 300 feet of the site and any interested party or agency who has filed its name directly with the responsible official or as part of a public hearing or scoping process for the following situations: (i) When the responsible official issues a determination of nonsignificance, optional determination of nonsignificance, or mitigated determination of nonsignificance; (ii) When an appeal had been filed related to a threshold determination as provided in this chapter; (iii) A draft environmental impact statement is available for public review and comment. (b) In addition to the requirements of subsection (1)(a) of this section, notices will be mailed to all owners of real property as shown in the records of the county assessor within 600 feet of a proposed project-related action for the following situations: (i) When the city commences scoping; (ii) Whenever the city holds a public hearing as required by WAC 197-11-535. (2)Notice of public hearing shall be issued no later than 14 days before a public hearing. (3)Notice of a threshold determination or environmental impact statement hearing on nonproject proposals shall be published in a newspaper of general circulation in the city, mailed to interested parties or agencies who have registered with the city, and posted in the City Hall and library. (4) The responsible official shall maintain a public list of all State Environmental Policy Act actions known as the "City of Federal Way State Environmental Policy Act Register." The register shall be available for public inspection during normal working hours. The register will be revised as needed and the responsible official will mail copies to any person who has made a request and paid in advance a fee based on the cost of reproducing and mailing. The requirements of this subsection are not mandated by state regulations but will be provided by the Ordinance No. 20-898 Page 7 of'48 city as voluntary extra notice. Failure to provide this notice shall not affect the validity of any action or proceeding related to the State Environmental Policy Act. (5) The responsible official shall maintain a public list of the names of parties or agencies who have indicated interest in receiving public notices related to any State Environmental Policy Act procedures. (6) The city may require an applicant to compensate the city for costs of compliance with the public notice requirements for the applicant's proposal or to provide addressed lists and addressed, stamped envelopes, unless that requirement is waived by the responsible official. Section 5. FWRC 18.05.010 is hereby amended to read as follows: The definitions in this section apply throughout this title unless the context clearly requires otherwise. Terms not defined here are defined according to Chapter 19.05 FWRC or FWRC 1.05.020 in that order. "Binding site plan" means a plan drawn to scale processed in accordance with the provisions of this title and Chapter 58.17 RCW. Binding site plans are divisions of land for sale or ground lease for commercial, industrial, and manufactured home park use, and where land is divided as part of condominium development. "Cluster subdivision" means a form of development that permits reduction in lot area; provided, that there is no increase in the number of lots permitted under a conventional subdivision, and the remaining area is devoted to open space, or preservation of critical areas. "Condominium" means a building, or group of buildings, in which dwelling units, offices, or floor area are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. Ordinance No. 20-898 Page 8 of 48 "Cottage housing" means a grouping (four to 16) of small, single-family dwelling units clustered around a common area and developed with a coherent plan for the entire site. The shared common area and coordinated design allow densities that are somewhat higher than typical single-family neighborhoods (see FWRC 19.05.030). "Department" means the department of community development services. "Director"means the director of community development unless otherwise indicated. "Final plat" means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth for final plats in this title and as required by state law. Final plat applies to conventional and cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development of 10 or more lots. "Flag lot" or"panhandle lot" means a platted lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot. "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. "Lot line elimination" means the removal of interior lot lines of two or more separate lots with contiguous ownership. "Panhandle lot"means flag lot. Ordinance No. 20-898 Page 9 of 48 "Plat" means a map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets, alleys, or other divisions and dedications. "Preliminary plat" means a neat approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. Preliminary plat applies to conventional and cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development of 10 or more lots. "Public purpose lands" means acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities. "Short plat" means a final drawing of the short subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth for short subdivisions in this title and as required by state law. Short plat applies to conventional and cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development of nine or fewer lots, as well as binding site plans. "Short subdivision" means the division or redivision of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer, including the division of land into lots or tracts which are one-one-hundred-twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land. Tracts identified for. or with, the potential for future development which are not buildable and/or are -intended for vublic dedication, environmental protection. or wstormwater facilities are..—not e not considered a lot toward cotiiiting the number of lots, tracts, etc. fir deterniiniiig thgt subdivision as a 'short sitb(fivisioaaa., For purposes of computing the size of a lot, which is one- Ordinance No. 20-898 Page 10 of 48 one-hundred-twentieth of a section of land or larger, or five acres or larger, and which borders on a street or road, the lot size shall be expanded to include the area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center lot line. "Small lot detached development" means a division or redivision of land to create detached residential dwelling units in multifamily-zoned property. Each unit is located on its own fee- simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. "Subdivider," "developer" or "platter" means any person or authorized representative undertaking the subdividing or resubdividing of a lot, block or other parcel of land. "Subdivision" means the division or redivision of land into 10 or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer, including the division of land into lots or tracts which are one-one-hundred-twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land. bracts identified for, of with the potential for future development shall be included within the number of lots created, exceiX tracts which are integded i` �a�tL~� kdi it.,i.0tt ,-environmental -otection, or storm\vatter facilities are not included in the number of lots created. For purposes of computing the size of a lot, which is one-one-hundred-twentieth of a section of land or larger, or five acres or larger, and which borders on a street or road, the lot size shall be expanded to include the area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center lot line. "Townhouse" means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another Ordinance No. 20-898 Page II of 48 unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. "Tract" means a fractional part of subdivided lands having fixed boundaries, which is dedicated or reserved by appropriate covenant or plat restriction for purposes of ingress, egress, utility access, open space, drainage or other purpose necessary to the public welfare. "Zero lot line"means the location of building in such a manner that one or more of the building's sides rest directly on a lot line. "Zero lot line townhouse development" means the division of land to create attached residential units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee-simple. "Zoning restriction" means the restrictions contained in FWRC Title 19, Zoning and Development Code. Section Vis. FWRC 18.30.080 is hereby amended to read as follows: (1) Content. The director of community development services shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. The date of application, date of the notice of completion for the application and the date of the notice of application. Ordinance No. 20-8.98 ,gage 12 of`18 (b) The street address of the subject property or, if this is not available, a locational description in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (c) The citation of the provision of this title describing the requested decision and, to the extent known by the city, any other permits which are not included in the application. (d) A brief description of the requested decision, a list of the project permits included in the application, and, if applicable, a list of any studies requested under RCW 36.70A.440. (e) A statement of the availability of the official file. (f) A statement of the right of any person to submit written comments to the director of community development services regarding the application within 15 days of the date of the notice. (g) A statement that only persons who submit written comments to the director of community development services, or specifically requests a copy of the original decision, may appeal the director's decision. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. (2) Distribution. Within 14 days of issuance of the letter of completeness, and at least 14 calendar days before the deadline for submitting comments, the director of community development services shall distribute this notice as follows: (a) A copy of the notice will be published in a newspaper of general circulation of the city. Ordinance No. 20-898 Page 13 of 48 (b) A copy of the notice will be conspicuously posted eyeFy 510,04iiiea]-� �-,,et e-t`upon the property adjoining a each public right-of-way. (c) A copy of the notice will be posted on eae cul tl + ° '��ea % i -lar�w°� L'the pyffli(-1 l iblie4ib - mliic c ty r bsite . (c)Aqppy will be sent,to.ITersom a•eceiviDg.flieDroyerty tax statement for allyropert _withiii 300 feet of each boundary of the sub,e ct��� iq (d) If the owners of the property which is proposed to be subdivided alsoownsanother arcel, or p-::recd ,_ofrroperty W_ icl 1 l 1 e t p.ro sed to be subdivided, notice of a which lie acf�acent to the pro�� p application shall be iven to owners of ro ert located within 300 feet ofanyportion of the boundaries of such ad.gg tl locategl_p cels of proper owned_athe owner of the_lLigp rt proposed to be subdivided. Section 7. FWRC 18.35.090 is hereby amended to read as follows: (1) Contents. Within 14 days of the letter of completeness being issued, the director of community development services shall prepare and publish a notice of application within the local newspaper of general circulation. The notice of application shall contain the following: (a) The name of the applicant and, if applicable, the project name. (b) The street address of the subject property or, if this is not available, a locational description in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (c) The citation of the provision of this title describing the applied-for decision and, to the extent known by the city, any other permits which are not included in the application. (d) A brief description of the requested decision. Ordinance No. 20-898 Page 14 of 48 (e) A list of the project permits included in the application and, if applicable, a list of all required studies submitted with the application. (f) The date of application, the date of the notice of completion of the application, and the date of the notice of the application. (g) A statement that notification of the public hearing date will occur approximately 15 days prior to the scheduled hearing date. (h) A statement of the availability of the official file. (i) A statement of the right of any person to submit written comments to the hearing examiner and appear at the public hearing of the hearing examiner to give comments orally. 0) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (k) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. (2) Distribution. The director of community development services shall distribute this notice as follows: (a) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) If the owner of the property which is proposed to be subdivided owns another parcel, or parcels, of property which lie adjacent to the property proposed to be subdivided, notice of application shall be given to owners of property located within 300 feet of any portion of the boundaries of such adjacently located parcels of property owned by the owner of the property proposed to be subdivided. Ordinance No. 20-898 Page 15 of 48 (c) A copy shall be mailed to appropriate city or county officials if the proposed plat lies within one mile of an adjoining city or county boundary. (d) A copy shall be mailed to all agencies or private companies who received copies of the preliminary plat pursuant to FWRC 18.35.040. (e) Notice shall be mailed to the State Department of Transportation if the proposed plat abuts a state highway. (f) A copy will be published in the official daily newspaper of the city. (g) A copy will be posted on e,�ht---o Bial.... 4. fr -1 a.a� o +I- ;,. a.,-I a' pnbii lil r cis..: i it ity the city website. (3) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (4) Timing. The public notification sign or signs must be in place at least 14 calendar days after the letter of completeness has been issued, and removed within seven calendar days after the final decision of the city on the matter. Secti tt 8. FWRC 19.05.040 is hereby amended to read as follows: "Day care facility, commercial" means the temporary, nonresidential care of persons on a recurring basis. See FWRC Title 19, Division VI, Zoning Regulations. Ordinance No. 20-898 Page 16 of 48 "Dedication" means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. "Deleterious substance" includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials under this section, "hazardous materials," whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC. "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human-caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. Development includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. Development also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of obstructions to any right of public use; and the storage of equipment or materials. Ordinance No. 20-898 fags 17 of 48 "Development regulation" means controls placed on development or land use, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance. "Diameter at breast height (dbh)" means the diameter of a tree trunk as measured at four and one-half feet above the ground surface. "Director" means the director of the department of community development, also known as the department of community development services, unless the context indicates otherwise. "Distillery" means an establishment primarily engaged in the production of distilled spirits, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the distillery, sales, and/or on-site consumption, e.g., a tasting room. "Domestic animal" means an animal which can be and is customarily kept or raised in a home or on a farm. "Dredging" means removal of earth and other materials from a body of water, a watercourse, or a wetland. "Dredging spoils" means the earth and other materials removed from a body of water, a watercourse, or a wetland by dredging. "Driveway" means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. "Dry land" means the area of the subject property landward of the high water line. "Dwelling unit" means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including Ordinance Na 20-898 Page 18 of 48 permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following 10 types of dwelling units: (1) "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) "Dwelling unit, efficiency" means a small one-room unit, which includes all living and cooking areas with a separate bathroom. (4) "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (5) "Dwelling unit, multifamily" means a building containing two or more dwelling units, which are either attached or stacked. See definition of"dwelling unit, townhouse." (6) "Dwelling unit, senior citizen housing" means housing available for the exclusive occupancy of persons over 55 years of age. (7) "Dwelling unit, small lot detached" means detached residential dwelling units developed on multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. Ordinance No. 20-898 Page 19 of 48 ?)w�Ljjing��Jal needs bo Lising" inea,gs h9lt�i,!,Ig not specifically defined by this jjqe, _ and wl-iicli will be.t.)rocessed Linder Ilie classification most closely related to the proposed use, as determined by the director. (9�9) "Dwelling unit, studio" means a one-room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an"efficiency apartment." Studio apartments can contain a loft. (1I 0) "Dwelling unit, townhouse" means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (1011) "Dwelling unit, zero lot line townhouse" means attached residential dwelling units with common (or"party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. Section 9. FWRC 19.05.150 is hereby amended to read as follows: "Occupant" means a person that legally occupies a structure or property. "Office use" means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, and includes but is not limited to: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or Ordinance No. 20-898 Page 20 of 48 goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of"office": banks, savings and loan companies and similar financial institutions. "Office zones" mean the PO, OP and CP-1 zoning districts. 11r gal i , 4f° rd lmm hyo oa lletii boihe pablieafeasofclivy "On-site hazardous waste treatment and storage facilities" means facilities which treat and store hazardous wastes generated on the same property or geographically contiguous properties, which may be divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of- way. "Open house" means an event held at a specific location, that is open to the public, and where the event holder remains in attendance during the event. "Open record hearing" means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. "Open space" means an area of land that is valued for natural processes and wildlife, for agricultural production, for active and passive recreation, and/or for providing other public benefits. In certain cases, open space may refer to both outdoor and indoor spaces that provide active or passive recreational amenities for a development's occupants or users. "Open space, common," means open space which is normally utilized by the occupants of a building or property. Ordinance No. 20-898 Page 21 of 48 "Open space, private," means open space, the use of which is normally limited to the occupants of a single dwelling. "Open space, public," means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. "Ordinary high water mark" means, on lakes, streams and tidal waters, that mark found by examining the bed, banks, or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands with respect to vegetation. Where the ordinary high water mark cannot be found by mark, the ordinary high water mark shall be the line of mean high tide for salt water and the line of mean high water for fresh water. In any stream where neither mark nor mean high water can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be located so as to include the entire stream feature. "Outdoor"means not contained within a building. "Outdoor storage" means any material or item (including vehicles) being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. "Outdoor storage containers" means new or used prefabricated metal or steel enclosures used for the accessory storage of supplies, equipment, inventory, goods, commodities, or construction- related materials; or temporary offices for active construction sites; designed without an axle or wheels; and capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. This definition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical residential accessory buildings or structures such as garages and storage sheds; garbage and recycling containers; containers mounted on a truck or in some stage Ordinance No. 20-898 Page 22 of 48 of transport; structures used or designed to be used as living facilities; and portable moving containers as defined in this chapter. See FWRC 19.125.180 and 19.125.190. "Owner" means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Section 10. FWRC 19.05.190 is hereby amended to read as follows: "Schools" means institutions of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature. "Secondhand merchandise" means used or remanufactured goods and includes used books, records, clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn shops, thrift stores, consignment stores, and flea markets. Secondhand merchandise does not include used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles. "Self-service storage facilities" means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. "Shared access points" means a common point of vehicle access from a street to more than one lot or use. "Sight line"means the line of vision from a person to a place or building. "Sign" means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: Ordinance No. 20-898 Page 23 of 48 (1) Providing information or directions; or (2) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. The following types of signs are included in the definition of"signs": (1) "Abandoned sign"means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity; and for a center identification sign, which identifies businesses within a multi-tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (3) "Animated or moving sign" means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing Ordinance No. 20-898 Page 24 of'48 elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (4) "Awning sign" means a non-electric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only and, therefore, shall point toward the ground and not illuminate the canopy. (See also "marquee sign.") ..,,,,,,,,�., k J C"vli��xnw I"Mx —. .. ,,,W n,Iew Figure 1 —Awning or Canopy Sign (5) "Banner"means a sign made of any nonrigid material with no enclosing framework. (6) "Billboard" means permanent outdoor advertising off-site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (7) "Building-mounted signs" means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under-canopy signs and projecting signs. (8) "Cabinet sign"means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text, graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. Ordinance No. 20-898 Page 25 of 48 Figure 2 —Cabinet Sign (9) "Canopy sign"means the same as "awning sign." (10) "Center identification sign" means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (11) "Changeable copy sign" means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a time and temperature sign and not a changeable copy sign. (12) "Construction sign" means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming Soon" and "Open During Construction" signs. (13) "Directional sign, on-site," means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). Ordinance No. 20-898 Page 26 of 48 (14) "Electrical sign" means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (15) "Electronic changeable message sign" means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. (16) "Flashing sign" means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (17) "Freestanding sign" means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and"monument signs." s Height 6 C ri� �H!I 7,.. Figure 3—Freestanding Sign (18) "Fuel price sign" means a sign displaying the price of fuel for motorized vehicles. Or•dinance.No. 20-898 Page 27 of`48 (19) "Ground-mounted sign" means a pedestal sign, pole, pylon, monument sign, or any sign permanently affixed to the ground. (20) "Government sign" means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (21) "Instructional sign" means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (22) "Integral sign" means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (23) "Kiosk" means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (24) "Marquee sign" means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (25) "Menu board" means a permanently mounted sign advertising the bill of fare for a drive-in or drive-through restaurant. (26) "Monument sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWRC 19.140.170(3)(b), Figure 3.) (27) "Identification sign" means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. Ordinance No. 20-898 Page 28 of 48 (28) "Identification sign (subdivision)" means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (29) "Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (30) "Incidental sign" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (3 1) "Nameplate" means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (32) "Neon (outline tubing) sign"means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (33) "Nonconforming sign" means any sign, which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this title or any other sections of this Code. (34) "Obsolete sign" means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. (35) "Off-site sign" means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (36) "On-site sign" means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs Ordinance No. 20-898 Pca e 29 of 48 indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (37) "Pedestal sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 1.) (38) "Point of purchase display or sign" means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (39) "Pole or pylon signs" means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 2.) (40) "Political signs" means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (41) "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. Ordinance No. 20-898 Frage 30 of 48 (42) "Pre-opening sign" means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...," etc.). (43) "Private advertising sign" means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (44) "Private notice sign" means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or"beware of dog." (45) "Projecting sign" means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. S GN ..�1_. . Tr---,T :T . EL w. . r7 --- C) C) f Figure 4—Projecting Sign OT'CieIP'tCtnce No. 20-898 Page 31 v1'48 (46) "Real estate, on-site sign" means a sign placed on the subject property and announcing the sale or rental of the subject property. (47) "Roof sign" means any sign erected, constructed, or placed upon, over, or extended above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof. (48) "Snipe sign" means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (49) "Temporary sign" means a sign not constructed or intended for long-term use. (50) "Tenant directory sign" means a sign for listing the tenants or occupants and then suite numbers of a building or center. (5 1) "Time and temperature sign" means any sign that displays the current time and temperature, without any commercial message. (52) "Under-canopy sign" means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (53) "Vehicle sign" means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (54) "Wall sign" means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. Ordinance No. 20-898 Pale 32 Uf 48 (55) "Warning sign" means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (56) "Window sign" means all signs affixed to a window and intended to be viewed from the exterior of the structure. "Sign area" means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, by measuring the perimeter enclosing each letter, number, or symbol and totaling the square footage of these perimeters. Grocery ......................... ...... a 4 TH ".. .E VIDEO . E:11 DELI 01'e" x b+c*dam y = I n Area Figure 5— Calculating Sign Area "Sign face" means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos,trademark and/or written copy is placed. "Sign inventory sticker" means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign inventory sticker number" means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign registration" means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with this Code after an analysis conducted as part of a sign inventory. "Silt" or "sediment" means the soils or rock fragments mobilized and deposited by erosion, which are transported by, suspended in, or deposited by water. "Single housekeeping unit" means a person, a group of not more than three persons, or a group of persons connected through blood, marriage or other legal relationships by not more than four degrees of affinity or consanguinity including persons under legal guardianship. Any limitation Ordinance No. 20-898 Page 34 of 48 on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Federal Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it 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. "Single-use building"means a building which contains one use. "Site"means subject property. "Small animals" means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. "Social service transitional housing" means facilities providing temporary and transitional housing to individuals on an as-needed basis, operated by a nonprofit social service agency, licensed as required by the state, including, but not limited to, emergency shelters, homeless shelters, domestic violence shelters, and other such crisis intervention facilities; but excluding offices and group homes as defined in this chapter. Any limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Federal Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it 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 Ordinance No. 20-898 Page 35 of'48 structure occupied by other related or unrelated individuals. See FWRC 19.105.060 and FWRC Title 19, Division VI, Zoning Regulations. "Spa" means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths, baths, saunas, pools, and massage. See also "public bathhouse" in FWRC Title 12. Sl t l...nce �smm..l�cau n niea .. €USi knot meter. "Specified anatomical areas" shall mean the following: (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" shall mean any of the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether or not clothed, of oneself or of one person by another; or (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. "State Environmental Policy Act"means Chapter 43.21C RCW. "Storm drainage" means the movement of water, due to precipitation, either surficially or subsurficially. Ordinance No. 20-898 Page 36 of'48 "Story" means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. "Stream" means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition does not include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey a natural stream which existed prior to construction of the watercourse. Those topographic features that resemble streams but have no defined channels shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development. For the purpose of defining the following categories of streams, normal rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the current water year for King County as recorded at the Seattle-Tacoma International Airport. (1) Streams shall be classified according to the following criteria: (a) Type F streams are those streams that are used by fish or have the potential to support fish. (b) Type Np streams are those streams that are perennial during a year of normal rainfall and do not have the potential to be used by fish. Type Np streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of Ordinance No. 20-898 Page 37 of 48 perennial flow should be determined using the best professional judgment of a qualified professional. (c) Type Ns streams are those streams that are seasonal or ephemeral during a year of normal rainfall and do not have the potential to be used by fish. (2) For the purposes of this definition, "used by fish" and "potential to support fish" are presumed for: (a) Streams where naturally reoccurring use by fish has been documented by a government agency; or (b) Streams that are fish passable, as determined by a qualified professional based on review of stream flow, gradient and natural barriers, and criteria for fish passability established by the Washington Department of Fish and Wildlife. (3) Ditches are excluded from regulation as streams, unless they are used by fish. Ditches are artificial drainage features created in uplands through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. Purposeful creation must be demonstrated through documentation,photographs, statements and/or other evidence. "Streambank stabilization" means treatments used to stabilize and protect banks of streams from erosion. "Street"means both a public right-of-way and a vehicular access easement or tract. "Street providing direct vehicle access" means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multi-use complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. Ordinance No. 20-898 Page 38 of 48 "Streetscape" means the visual character and quality of a street as determined by various elements located between the street and building facades, such as trees and other landscaping, street furniture, artwork, transit stops, and the architectural quality of street-facing building facades. "Streetscape amenities" means pedestrian-oriented features and furnishings within the streetscape, such as bench seats or sitting walls, weather protection, water features, art, transit stops with seating, architectural facade treatments, garden space associated with residences, pedestrian-scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving, kiosks, trellises, trash receptacles, and bike racks. "Structural alteration" means any change in the supporting member of a building or structure. "Structure" means a combination or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. "Structured parking" means parking provided on more than one level and within a structure, either above- or below-grade. Structured parking shall not include a surface parking lot. "Subject property" means the entire lot or parcel, or series of lots or parcels, on which a development, activity, or use exists or will occur, or on which any activity or condition subject to development regulations exists or will occur. "Support structure" means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. Ordinance No. 20-898 Page 39 gf`48 (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. "Surface parking lot" means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. Section 11. FWRC 19.45.015 is hereby amended to read as follows: (1) Scope. The community development director may grant a variance that does not exceed 25 percent of the measurable standard. (2) Additi-oiial tiotie clis:E l ati � � tl c is se l,-in FV11R ,65,07 sly " C „Sectigri-12. FWRC 19.50.050 is hereby amended to read as follows: (1) Applicability. Interpretations issued by the director of community development that are related to a land use or subdivision application shall be incorporated into the director's decision on the application and be subject to applicable notice provisions for the decision. Interpretations issued by the director of community development that are not related to a land use or subdivision application shall be subject to the notice provisions under this section. (2) Contents. The director of community development shall prepare a notice of each interpretation that is not related to a land use or subdivision application, containing the following information: Ordinance No. 20-898 Page 40 of 48 (a) The citation, if any, of the provision(s) of the Federal Way Revised Code that is the subject of the interpretation along with a brief description of the subject provision(s). (b)A summary statement of the interpretation of the affected provision. (c) The date of the interpretation. (d) A statement of the availability of the official file. (e) A summary of the rights, as established in this chapter, of any person to submit an appeal of the interpretation. (f) The deadline for filing appeals of the interpretation. (3) Distribution. Upon issuance of the interpretation, the director of community development shall distribute this notice of the interpretation as follows: (a) A copy of the notice of the interpretation shall be published in the official newspaper of the city. (b) A copy of the notice will be posted on al f-tfaTM �t �ir� b�ot�iluti� bR.rl�f�tl � publi i',-.112afies too tel witl14+flee -i y flip dqy website. (c) A copy of the notice will be mailed to the person who filed the written request. Section 13. FWRC 19.65.070 is hereby amended to read as follows: (1) Content. The director shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. (b) The date of application, the date of the notice of completion for the application, and the date of the notice of application. (c) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notice published in a newspaper of Ordinance No. 20-898 Page 41 of 48 general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (d) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any related permits which are not included in the application. (e) A statement of the availability of the official file. (f) A statement of the right of any person to submit written comments to the director regarding the application within 15 days of the date of the notice. (g) A statement that only the applicant, persons who submit written comments to the director, or persons who specifically request a copy of the original decision may appeal the director's decision. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. (2) Distribution. Within 14 calendar days of issuing the letter of completeness, the director shall distribute this notice of application as follows: (a) A copy of the notice of application will be published in the official daily newspaper of the City. Ordinance No, 20-898 Page 42 of=l8 (b) The notice of application will be conspicuously posted on or near the subject property. At least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property. (c) A copy of the notice will be posted on eal l :t1 �11rial rti1� tio�w� ra111e- ityu1 pll1ris-lc ate1 ei4- t11p city website. (d) For projects under this chapter which are located within, or are 300 feet from, property zoned SE (suburban estates), RS (single-family residential), or RM (multifamily), a copy of the notice will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. Section 14. FWRC 19.70.060 is hereby amended to read as follows: (1) Contents. The director shall prepare the following notices as applicable: (a)Notice of application. A notice of application shall contain: (i) The name of the applicant and, if applicable,the project name and file number. (ii) The date of application, the notice of completion, and the notice of application. (iii) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notices published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (iv) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any other permits which are not included in the application. (v) A statement of the availability of the official file. Ordinance No. 20-898 Page 43 of 48 (vi) A statement of the right of any person to submit written comments to city staff or the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally. (vii) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (viii) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.7013.040. (b) Notice of public hearing. In addition to the information specified in the notice of application, the notice of public hearing shall include the following: (i) The date, time, and place of the public hearing. (ii) A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally and the right to request a copy of the decision once made. For agency decision appeals this right is limited to those entitled to appeal. (c)Notice of agency decision appeal. A notice of an agency decision appeal shall contain: (i) The file number and a brief description of the matter being appealed. (ii) A statement of the scope of the appeal, including a summary of the errors alleged and specific factual findings and conclusions disputed in the letter of appeal. (iii) The date, time, and place of the public hearing on the appeal. (iv) A statement of who may participate in the appeal. (v) A statement of how to participate in the appeal. (2) Distribution. The director of community development services shall distribute these notices as follows: Ordinance No. 20-898 Page 44 of 48 (a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director shall distribute the notice of application as follows: (i) A copy of the notice of application will be published in a newspaper of general circulation in the city; (ii) At least three copies of the notice of application will be conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property; (iii) A copy of the notice will be posted on ea f the f p ihlic� ra ie G' 1 = y the city website; (iv) A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) Notice of public hearing. The director shall distribute the notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of application except no posting needs to be done on or near the subject property. (c) Agency decision appeals. Distribution of notices involving an agency decision appeal shall occur at least 10 calendar days before the hearing on the appeal, and shall be mailed to each person entitled to appeal the decision. No further distribution is required for agency decision appeals. (3) Public notification sign. Except for in agency decision appeals, the applicant shall erect at least one public notification sign which complies with standards developed by the department within 14 calendar days of the issuance of the letter of completeness. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director may require the placement of Ordinance No. 20-898 Page 45 of 48 additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter. ection1515. FWRC 19.105.070 is hereby amended to read as follows: Family day care is permitted in conjunction with any residential use in any zoning district provided it meets all of the following criteria: (1) The use must be operated as part of a principal residential use ol)errrted by a 1"naiby member(s) who r esid .s rlm theje,sidenti al structure. (2) 4 r , 1ly tl t i re lrrrr 1 Far�ril -clril 1 -ar Wl n fir �l y 1 CWw 3:215 01 0-rII rst t4e_1 r t1 s i d -eaMiAS Family day care facilities must obtain all required state approvals. The State shall certify that tlae proposed barn ly clay care will liave�a, safe (3) All city licensing, zoning, building, housing, and fire regulations applicable to the underlying type of housing in which the use exists (i.e., single-family residence, multifamily residence, etc.) must be met. (4) Lot size, building size, setbacks, and lot coverage must conform to those applicable to the zoning district, except if the structure isleg�al�cararl c?gfq!t1iin . 1-1 tht?,, I(A 0E- ITtJ tr'i`L- r- 1e#ally rao�r uah rr rl"oa�g d film:w t da eafe may b .,p,,,., yed 41ixiu "oe eS,'., r r r e ,W . (5) No more than two persons who are not residents of the dwelling unit may be employed or work at the family day care at any one time. 7 ak teem, a-rki 7-��7spa —ra" rrs1' ci41 13ti°'r$ tt 71a. ra es—r '&r" d 1 c1k id Fal In3'W t "4-k+l—tlse—arc rlri raa�a l c ras l.,for fl-Ii t ti q), Ordinance No. 20-898 Page 46 of 48 �7 ; Section 18. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 19, 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 20th day of October, 2020. CITY OF FEDERAL WAY: MAYOR .... .. ATTEST: S N T COURTN �Y CMC, CITY CLERK " _.P TA APPROVED AS TO FORM: (:ak .. 1-111.......................en .. J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 09/30/2020 PASSED BY THE CITY COUNCIL: 10/20/2020 PUBLISHED: 10/23/2020 EFFECTIVE DATE: 10/28/2020 ORDINANCE NO.: 20-898 Ordinance No. 20--898 Page 48(V'48