2022-02-08 - Decl of K. van Alstyne ISO City Motion for Summary Judgment - final.pdf2
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BEFORE THE HEARING EXAMINER FOR
THE CITY OF FEDERAL WAY
In re: Appeal of Formal Code Interpretation,
File No. 21-104304-00-UP
DAVID LEELAND MANN,
Appellant,
CITY OF FEDERAL WAY,
DECLARATION OF KENT VAN
ALSTYNE IN SUPPORT OF CITY'S
MOTION FOR SUMMARY JUDGMENT
I, Kent van Alstyne, declare as follows:
1. I am an assistant city attorney for the City of Federal Way ("City"), the Respondent in
this action.
2. Attached as Exhibit A is a true and correct copy of City Ordinance No. 95-245.
3. Attached as Exhibit B is a true and correct copy of the current City Accessory
Dwelling Unit Information document, which is available on the City website, and
references and links to the Code Interpretation at issue in this appeal.
I hereby declare under penalty of perjury under the laws of the State of Washington
that the foregoing is true and correct.
SIGNED this 8th day of February, 2022, at University Place, Washington.
Respectfully submitted,
DECLARATION OF KENT VAN ALSTYNE IN Federal Way City Attorney
SUPPORT OF CITY'S MOTION FOR SUMMARY 33325 8th Ave South
JUDGMENT - 1 Federal Way, WA 98003
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By: /s Kent van Alstyne
Kent van Alstyne, WSBA #49928
Assistant City Attorney for the City of
Federal Way
DECLARATION OF KENT VAN ALSTYNE IN
SUPPORT OF CITY'S MOTION FOR SUMMARY
JUDGMENT - 2
Federal Way City Attorney
33325 8th Ave South
Federal Way, WA 98003
Exhibit A — Ordinance 95-245
ORDINANCE NO. cJ�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY ZONING CODE CHAPTER 22 BY ADDING
DEFINITIONS TO SECTION 22-1 RELATING TO
ACCESSORY DWELLING UNITS ("ADUs"), PRIMARY
DWELLING UNITS AND SINGLE HOUSEKEEPING UNITS,
ALLOWING ADUs IN CITY OF FEDERAL WAY
RESIDENTIAL ZONES AND PROVIDING FOR LEGAL
NONCONFORMING ADUs.
WHEREAS, the City Council of the City of Federal Way
determined ,that it was necessary to establish reasonable
regulations regarding the location of Accessory Dwelling Units
("ADUs") in City of Federal Way residential zones; and
WHEREAS, pursuant to the Growth Management Act, RCW
36.70A, the City of Federal Way is required to encourage the
availability of affordable housing to all economic segments of the
population and to promote a variety of residential densities and
housing types; and
WHEREAS, the Washington State Housing Policy Act requires
local governments to provide for and regulate the development and
placement of accessory apartments in areas zoned for single family
residential use; and
WHEREAS, it is necessary for the public health, safety
and general welfare that reasonable ADU regulations be in place;
and
ORD # q - PAGE 1
WHEREAS, amendments to the Federal Way City Code ("FWCC")
text are authorized by FWCC Sections 22-216 and 22-217 pursuant to
Process IV review; and
WHEREAS, the Federal Way City Council has considered a
proposed change to the FWCC relating to ADUs ("Proposal"); and
WHEREAS, the Federal Way City Council, pursuant to FWCC
Section 22-517, having determined the Proposal to be worthy of
legislative consideration, referred the Proposal to the Federal Way
Planning Commission for its review and recommendation; and
WHEREAS, an Environmental Determination of
Nonsignificance (DNS) was issued for the Proposal on December 13,
1994 and no appeal was made of that determination; and
WHEREAS, the Federal Way Planning Commission, having
considered the Proposal at public hearings on March 22, 1995, March
29, 1995 and April 5, 1995, pursuant to FWCC Section 22-523, and
all public notices having been duly given pursuant to FWCC Section
22-521; and
WHEREAS, following the public hearings, the Planning
Commission submitted to the Land Use and Transportation Committee
of the City Council its recommendation in favor of proposed zoning
text amendments to Article I, Section 22-1, Definitions, Article IV
Nonconformance and Article XI District Regulations; and
WHEREAS, the Land Use and Transportation Committee of the
City Council conducted special meetings of the whole City Council
on August 7, 1995, August 28, 1995 and September 18, 1995 to
consider the recommendations of the Planning Commission, following
ORD fq5--24,5
, PAGE 2
which it moved to forward the Planning Commission recommendations,
with modifications, to the full City Council; and
WHEREAS, there was sufficient opportunity for the public
to comment on the proposed zoning text amendments;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration,
the City Council of the City of Federal Way makes the following
findings with respect to the Proposal and the proposed amendments
to the Federal Way City Code ("FWCC");
1. The Washington State Housing Policy Act, S.B.5584,
requires local governments to incorporate provisions designed to
encourage the development and placement of accessory apartments in
areas zoned for single family residential use in its development or
zoning regulations.
2. Locating ADUs within the City will assist in making
efficient use of existing housing stock and infrastructure and will
help the City meet its housing needs and facilitate the provision
of affordable housing in the community.
3. ADUs are self-contained, and provide separate facilities
for the sleeping, cooking and sanitation needs of a separate
household.
ORD # 5-2 , PAGE 3
4. Site design standards, including lot coverage and
additional entry requirements, will ensure maintenance of the
single family neighborhood character.
Section 2. Conclusions. Pursuant to FWCC Section 22-217 and
based upon 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 Proposal:
1. The Proposal is consistent with the Comprehensive Plan
because it is supported by the following Federal Way
Comprehensive Plan ("FWCP") Housing and Population Policies:
(FWCP pg. 7) "Use zoning and other types of regulatory
techniques to assure a mix of housing sizes and values,
and to maintain choice of housing and affordability for
a broad range of income groups."
(FWCP pg. 7) "Encourage development of low-cost housing
in proper proportion to Federal Way's population, income
levels, employment and the amount of land available."
(FWCP pg. 8) "Recognize all types of residential
dwelling units, such as mobile homes and modular
manufactured units, as acceptable sources of housing,
subject to good design and placement."
2. The Proposal bears a substantial relationship to the
public health, safety and welfare because it addresses
ORD # 5- 5 , PAGE 4
concerns for the public health, safety, and welfare by
establishing coherent regulations that are consistent with
state law and reflect a reasoned balance between the rights of
individuals and the community interest.
3. The Proposal is in the best interests of the residents of
the City because it responds to community concerns about
affordable housing. By establishing comprehensive and concise
regulations by which to regulate ADUs, it provides city staff
with sufficient criteria by which to evaluate proposals, and
assistq residents in providing adequate provisions to locate
ADUs.
Section 3. Amendments.
A. Definitions. FWCC Section 22-1, Definitions, of the
Federal Way City Code ("FWCC") shall be amended to add new
subsection definitions for Accessory dwelling unit (ADU); ADU,
attached; ADU, detached; Primary dwelling unit, Single housekeeping
unit, and to modify the definitions of Accessory hardship dwelling
unit and Accessory living facility as follows:
Sec. 22-1. Definitions.
The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Abandoned shall mean knowing relinquishment of right or claim
to the subject property or structure on that property.
ORD # "i 245 PAGE 5
Accessory shall mean a use, activity, structure or part of a
structure which is subordinate and incidental to the main activity
or structure on the subject property.
Accessory dwelling unit (ADU) shall mean either a freestandinnc
detached structure or an attached part of a structure which is
subordinate and incidental 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.,
ADU attached, shall mean an accessory dwelling unit that has
one or more vertical and/or horizontal walls, in common with or
attached to, the primary dwelling unit.
ADU detached shall mean a freestanding accessory dwelling
unit that is not attached or phvsic_al1v connected to the Drimary
dwelling unit.
Accessory hardship dwelling unit shall mean an attached ADU
which satisfies the criteria set forth in Section 22-633 of this
Accessory living facility shall mean an area or structure on
the subject property, which is accessory to a permitted use on a
commercial the subject property, providing provisions for living,
ORD # Q5-2LI5 , PAGE 6
cooking, sleeping and sanitation ether -esidentia for
an employee on the subject property and that employee's family.
Adjoining shall mean 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 more than
100 feet from a low density zone is not considered to be adjoining
that zone.
Adult entertainment activity 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 as
.follows) for observation by patrons therein and which
excludes minors by virtue of age.
a. Specified anatomical areas shall mean both of the
following:
1. When less than completely and opaquely
covered:
i. Human genitals or pubic region.
ii. Human buttock.
Human female breast below a point
immediately above the top of the areola.
ORD # 95-z45 , PAGE 7
2. Human male genitals in a discernibly turgid
state, even if completely and opaquely
covered.
b. Specified sexual activities shall mean all of the
following:
1. Human genitals in a state of sexual
stimulation or arousal.
2. Acts of human masturbation, sexual intercourse
or sodomy.
3. Fondling or other erotic touching of human
genitals, pubic region, buttock or breast.
(2) Adult bookstore shall mean an establishment which in
whole or in portion thereof has a substantial or
significant portion of its stock and trade books,
magazines or other periodicals, which are distinguished
or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities"
or "specified anatomical areas" and which excludes minors
by virtue of age.
(3) Adult cabaret 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
ORD # n5'2 /6 , PAGE 8
"specified sexual activities" and which establishment
excludes minors by virtue of age.
Activities and uses defined as adult entertainment
activity 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.
Agricultural use shall mean any agricultural, stable or
livestock use listed as an allowable use in the suburban estate
zones.
Air rights shall mean the right to, in some manner, control
the use of the space above the surface of the ground.
Alluvium shall mean soil deposits transported by surface
waters.
Applicant shall mean both of the following, depending on the
content:
(1) A person who applies for any permit or approval to do
anything governed by this chapter, which person must be
the owner of the subject property, the authorized agent
of the owner, or the city.
(2) Any person who is engaging in an activity governed by
this chapter or who is the owner of property subject to
this chapter.
Average building elevation shall mean a reference datum on the
surface topography of a subject property from which building height
is measured. The reference datum shall be a point no higher than
ORD q5 _ , PAGE 9
five feet above the lowest elevation taken at any exterior wall of
the structure either prior to any development activity or at
finished grade, whichever is lower, provided the reference datum is
equal to or lower than the highest elevation at any exterior wall
of the structure prior to development activity.
Average slope shall mean the average grade of land within each
land area representing a distinct topographical change.
Backfill shall mean material placed into an excavated area,
pit, trench or behind a constructed retaining wall or foundation.
Building shall mean a roofed structure used for or intended
for human occupancy.
Building mounted signs shall mean all of the following: wall
mounted signs, marquee signs, under marquee signs and projecting
signs.
Bulkhead shall mean a wall or embankment used for retaining
earth.
Cemetery shall mean land used or intended to be used for the
burial of the dead and dedicated for cemetery purposes, including
columbariums, crematories, mausoleums and mortuaries, and related
uses, when operated in conjunction with and within boundaries of
such cemetery.
Center identification sign shall mean a building mounted sign
or ground mounted sign which identifies the name of a development
containing more than one office, retail, institutional or
industrial use or tenant and which does not identify any individual
use or tenant.
ORD # -245 , PAGE 10
Change of use shall mean a change of use determined to have
occurred when it is found that the general character of the
operation has been modified. This determination shall include
review of, but not be limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation; and
(4) General appearance.
Changing message center shall mean a sign, message center or
similar dev}ce,whereby alternating public service information and
commercial messages are displayed on the same lamp bank.
Church, synagogue or other place of religious worship shall
mean an establishment, the principal purpose of which is religious
worship and for which the principal building or other structure
contains the sanctuary or principal place of worship, and which
establishment may include related accessory uses.
Class I home occupation shall mean those home businesses that
qualify as home occupations under this zoning chapter, except
family child care homes.
Class II home occupation shall mean those family child care
homes that qualify under section 22-1069.
Commercial recreation facility shall mean an indoor facility
and use operated for profit, with private facilities, equipment or
services for recreational purposes including swimming pools, tennis
courts, playgrounds and other similar uses. The use of such an area
ORD 106-245 , PAGE 11
may be limited to private membership or may be open to the public
upon the payment of a fee.
Commercial use shall mean the uses allowed in the commercial
zones and not permitted in any other zones of the city.
Commercial zones shall mean the BN, BC and CC zoning
districts.
Common recreational open space usable for many activities
shall mean any area available to all of the residents of the
subject property that is appropriate for a variety of active and
passive recreational activities (including activities suitable for
all age groups) and is not:
(1) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
Community recreation area or clubhouse shall mean an area
devoted to facilities and equipment for recreational purposes, such
as swimming pools, tennis courts, playgrounds, community clubhouses
and other similar uses which area is maintained and operated by a
nonprofit club or organization whose membership is limited to the
residents within a specified development or geographic area.
Comprehensive plan shall mean the ordinances of the city, as
adopted and amended from time to time, under RCW 35A.63.060 through
35A.65.080 and the shoreline master program.
Construction sign shall mean a sign which identifies the
architects, engineers, contractors and any other persons involved
with the construction of a building or use.
ORD # 95_2-45 , PAGE 12
Contour line shall mean the interconnection of points having
the same height above sea level.
Convalescent center shall mean an inpatient facility,
excluding facilities defined as hospitals, for patients who are
recovering from an illness or who are receiving care for chronic
conditions; mental, physical, emotional or developmental
disabilities; terminal illness; or alcohol or drug treatment.
Outpatient care is limited to prior in -patients only.
Cross section (drawing) shall mean a visual representation of
a vertical Gut through a structure or any other three-dimensional
form.
Curb cut shall mean the connection of a driveway with a
street, which may entail a structural alteration to the curb by
lowering the height of part of the curb.
Day care facility shall mean the temporary, nonresidential
care of persons in a residence or other structure on a regular,
recurring basis.
Dedication shall mean 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 purpose to which the property has been devoted.
Development activity shall mean any work, condition or
activity which requires a permit or approval under this chapter or
the city's building code.
ORD # 15 ZS , PAGE 13
Development permit shall mean any permit or approval under
this chapter or the city's building code that must be obtained
before initiating a use or development activity.
Domestic animal shall mean an animal which can be and is
customarily kept or raised in a home or on a farm.
Domestic Violence Shelters shall mean housing for adult women
or men and their dependent children, if any, who are victims of
domestic violence perpetrated by the spouse, domestic partner or
significant other of the adult victim.
Dredging shall mean removal of earth and other materials from
the bottom of a body of water or watercourse or from a wetland.
Dredging spoils shall mean the earth and other materials
removed from the bottom of a body of water or watercourse or from
a wetland by dredging.
Driveway shall mean an area of the subject property designed
to provide vehicular access to a parking area or structure located
on the subject property.
Dry land shall mean the area of the subject property landward
of the high-water line.
Dwelling unit shall mean one or more rooms in a structure or
structures, excluding mobile homes, providing complete, independent
living facilities exclusively for one family, including permanent
provisions for living, sleeping, cooking and sanitation. A factory -
built home or manufactured home is considered a dwelling unit under
this chapter only if it meets the standards and criteria of a
ORD # Z Ao , PAGE 14
designated manufactured home established in RCW 35A.63.145. There
are the following three types of dwelling units:
(1) Dwelling unit, attached, shall mean 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, shall mean a dwelling unit that
is not attached or physically connected to any other
dwelling unit or other use.
(3) Dwelling unit, stacked, shall mean a dwelling unit that
has one or more horizontal walls in common with or
attached to one or more ether 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.
Easement shall mean land which has specific air, surface or
subsurface rights conveyed for use by someone other than the owner
of the subject property or to benefit some property other than the
subject property.
Electrical sign shall mean a sign or sign structure in which
electrical wiring, connections and/or fixtures are used as part of
the sign proper.
Erosion and deposition shall mean the removal of soils and the
placement of these removed soils elsewhere by the natural forces of
wind or water.
ORD # v/5 ;��5 , PAGE 15
Fence shall mean a manmade barrier or wall constructed for the
purpose of enclosing space or separating parcels of land.
Fill material shall mean dirt, structural rock or gravel,
broken concrete and similar structural substances customarily used
to raise the level of the ground, but excluding topsoil, bark,
ornamental rocks or gravel placed on the surface of the ground.
Finished grade shall mean the final contour of the land
surface prior to landscaping.
Floor shall mean the horizontal surface inside a structure
designed anq intended for human use and occupancy.
Fuel price sign shall mean a wall -mounted or pedestal sign
displaying the price of fuel for motorized vehicles.
Geologically hazardous areas shall mean areas which because of
their susceptibility to erosion, land -sliding, seismic or other
geological events are not suited to. siting commercial, residential
or industrial development consistent with public health or safety
concerns. Geologically hazardous areas include the following areas:
(1) Erosion hazard areas are those areas having a severe to
very severe erosion hazard due to natural agents such as
wind, rain, splash, frost action or stream flow.
(2) Landslide hazard areas are those areas potentially
subject to episodic downslope movement of a mass of soil
or rock including, but not limited to, the following
areas:
a. Any area with a combination of:
1. Slopes greater than 15 percent;
ORD # A6-z�� , PAGE 17
Excavate or excavation shall mean the mechanical removal of
soils and/or underlying strata.
Family shall mean an individual or two or more individuals
related by not more than four degrees of affinity or consanguinity
and including persons under legal guardianship, or a group of not
more than five persons who are not related by four or fewer degrees
of affinity or consanguinity; provided, however, that any
limitation on the number of residents resulting from this
definition 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 Fair Housing Amendments Act of 1988, 42 U.S.C.
3604(f) (3) (b) .
Family child care home shall mean a business regularly
providing care during part of the 24-hour day to 12 or fewer
children (including the children of the day care provider) in the
family abode of the person or persons under whose direct care the
children are placed.
Fast food restaurant shall mean an establishment which offers
quick food service which is accomplished through one or more of the
following mechanisms:
(1) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
ORD 'f "-ZL , PAGE 16
2. Permeable sediment, predominately sand and
gravel, overlying relatively permeable
sediment or bedrock, typically silt and clay;
and
3. Springs or groundwater seepage.
b. Any area which has shown movement during the
holocene epoch, from 10,000 years ago to present,
or which is underlain by mass wastage debris of
that epoch.
c., Any are a potentially unstable as a result of rapid
stream incision, stream bank erosion or
undercutting by wave action.
d. Any area located in a ravine or on an active
alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States
Department of Agriculture Soil Conservation Service
as having a severe limitation for building site
development.
f. Those areas mapped as class u (unstable), uos
(unstable old slides), and urs (unstable recent
slides) by the department of ecology.
g. Slopes having gradients greater than 80 percent
subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to severe
risk of earthquake damage as a result of seismically
ORD # N5-245 , PAGE 18
induced ground shaking, slope failure, settlement or soil
liquefaction, or surface faulting. These conditions occur
in areas underlain by cohesionless soils of low density
usually in association with a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of
40 percent or greater and with a vertical relief of ten
or more feet, a vertical rise of ten feet or more for
every 25 feet of horizontal distance. A slope is
delineated by establishing its toe and top, and measured
by averaging the inclination over at least ten feet of
vertical relief.
Glare shall mean both of the following:
(1) The reflection of harsh, bright light.
(2) The physical effect resulting from high luminances or
insufficiently shielded light sources in the field of
view.
Government facility shall mean a use consisting of services
and facilities operated by any level of government, excluding those
uses listed separately in this chapter.
Gross floor area shall mean the total square footage of all
floors, excluding parking area, in a structure as measured from
either the interior surface of each exterior wall of the structure
or, if the structure does not have walls, from each outer edge of
the roof. Certain exterior areas may also constitute gross floor
area.
ORD # g5-zu5 , PAGE 19
Ground floor shall mean the floor of a structure that is
closest in elevation to the finished grade along the facade of the
structure that is principally oriented to the street which provides
primary access to the subject property.
Ground mounted sign shall mean both pedestal signs and
monument signs.
Group Home Type II shall mean housing for juveniles under the
jurisdiction of the criminal justice system. Such groups include
state -licensed group care homes or halfway homes for juveniles
which provige residence in lieu of sentencing or incarceration,
halfway houses providing residence to juveniles needing correction,
or for those selected to participate in state -operated work release
and pre-release programs. The Director of Community Development
Services shall have the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under
Group Home Type III in this section as a Group Home Type III, and
any such home shall be sited according to the regulations contained
within the Type III classification.
Group Homes Type II -A: Maximum number of twelve (12)
residents including resident staff.
Group Homes Type II-B: Thirteen (13) or more residents
including residential staff. Maximum number to be determined
on a case by case basis.
The limitation on the number of residents in a Group Homes Type II
shall not be applied if it prohibits the City from making
reasonable accommodations to disabled persons in order to afford
ORD # N5-Zy5 , PAGE 20
such persons equal opportunity to use and enjoy a dwelling as
required by the Fair Housing Amendments Act of 1988, 42 U.S.C.
3604(f) (3) (b).
Group Homes Type III shall mean housing for adults that have
been convicted of a violent crime against a person or property, or
have been convicted of a crime against a person with a sexual
motivation, or have been convicted or charged as a sexual or
assaultive violent predator. These individuals are under the
jurisdiction of the criminal justice system or have entered a pre -
or post -charging diversion program. Such groups involve
individuals selected to participate in state -operated work/training
release and pre-release programs or similar programs. Such
category does not include full-time detention facilities.
Hardship shall mean a current or impending health condition
which requires a person to live in close proximity to, and/or share
housing with a caregiver.
Hazardous waste shall mean all dangerous and extremely
hazardous waste, including substances composed of radioactive and
hazardous components (see RCW ch. 70.105).
Hazardous waste storage shall mean the holding of dangerous
waste for a temporary period (see WAC 173-303-040(85)).
Hazardous waste treatment shall mean the physical, chemical or
biological processing of dangerous wastes to make such wastes
nondangerous or less dangerous, safer for transport, amenable for
energy or material resource recovery, amenable for storage or
reduced in volume (see WAC 173-303-040(97)).
ORD i %5 zy-6 , PAGE 21
..._ _ _. ...�..oa...:. n..:c.a t o:.......ZI'Lbob ao. , nuab:�
Heat shall mean added energy that causes substances to rise in
temperature, fuse, evaporate, expand or undergo any other related
change.
Height of structure shall mean the vertical distance above the
average building elevation measured to the highest point of the
coping of a flat roof or to .the deck line of a mansard roof, or to
the average height of the highest gable of a pitched or hipped
roof.
High density residential use shall mean attached or stacked
dwelling units on a subject property which contains at least 1,800
square feet of lot area per dwelling unit but not more than 2,399
square feet of lot area per dwelling unit.
High density residential zones shall mean the following zones:
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Home occupation shall mean an occupation, enterprise, activity
or profession which is incidental to a residential use, which is
carried on for profit or customarily carried on for profit and
which is not an otherwise permitted use in the zone in which it
occurs.
Horizontal dimension shall mean the length of the facade of a
structure as measured along a plane, excluding eaves which extend
out no more than 18 inches from the exterior walls of the
structure.
Hospital shall mean an institution providing primary health
services and medical or surgical care to persons, primarily
inpatients, suffering from illness, disease, injury, deformity and
ORD # 5-z , PAGE 22
other abnormal physical or mental conditions, and including, as an
integral part of the institution, related facilities such as
laboratories, outpatient facilities, extended care facilities
and/or training facilities.
Hotel or motel shall mean a single building or group of
buildings containing individual sleeping units intended for
transient occupancy.
Improvement shall mean any structure or manmade feature.
Industrial use shall mean the uses allowed in the industrial
zones and nqt permitted in any other zones of the city.
Industrial zones shall mean the following zones: OP and MP.
Institutional uses shall mean the following uses: schools,
churches, colleges, hospitals, parks, governmental facilities and
public utilities.
Instructional sign shall mean a sign which designates public
information such as, but not limited to, public restrooms, public
telephones, exitways and hours of operation.
Integral sign shall mean a sign displaying a building date,
monument citation, commemorative inscription or similar historic
information.
Irrevocable license shall mean a written irrevocable
permission given by a property owner to the city for specified
purposes.
ORD #�5-Z 5 , PAGE 23
Junk shall mean old or scrap metal, rope, rags, batteries,
paper, rubber, machinery, scrap wood, debris, trash, or junked,
dismantled or wrecked automobiles or parts thereof.
Junkyard shall mean a property or place of business which is
maintained, operated or used for storing, keeping, buying, selling
or salvaging junk.
Kennel shall mean an establishment, generally retail in
nature, which houses, cares for, breeds, raises or sells dogs or
cats.
Land syrface modification shall mean the clearing or removal
of trees, shrubs, ground cover and other vegetation and all
grading, excavation and filling activities.
Landscaping shall mean 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 shall mean toward dry land.
Linear frontage of subject property shall mean 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 shall mean 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.
ORD # 15-24-5 , PAGE 24
Lot shall mean a parcel of land having fixed boundaries
described by reference to a recorded plat; by reference to metes
and bounds; or by reference to section, township and range.
Low density use shall mean a detached dwelling unit on a
subject property that contains at least 7,200 square feet.
Low density zone shall mean the following zones: SE, RS 35.0,
RS 15.0, RS 9.6, RS 7.2 and comparable zones in other
jurisdictions.
Major stream shall mean any stream, and the tributaries to any
stream, which contains or supports, or under normal circumstances
contains or supports a local or migratory fish population.
Manufactured homes shall mean a factory -built structure
transportable in one or more sections which is built on a permanent
chassis and designed to be a dwelling with or without a permanent
foundation when connected to required utilities. A manufactured
home shall be built to comply with the National Manufactured Home
Construction and Safety Standards Act of 1974 (regulations
effective June 15, 1976).
Marquee sign shall mean any sign which forms part of, or is
integrated into, a marquee, canopy or awning and which does not
extend horizontally beyond the limits of such marquee, canopy or
awning.
Maximum lot coverage shall mean the maximum percentage of the
surface of the subject property that may be covered with materials
which will not allow for the percolation of water into the
underlying soils. See section 22-946 et seq. for further details.
ORD #_Q5 z4'5 , PAGE 25
Mean sea level shall mean the level of Puget Sound at zero
tide as established by the U.S. Army Corps of Engineers.
Medium density use shall mean detached, attached or stacked
dwelling units on a subject property which contains at least 3,600
square feet of lot area per dwelling unit but not more than 7,199
square feet of lot area per dwelling unit.
Medium density zones shall mean the following zones: RS 5.0,
RM 3.6 and comparable zones in other jurisdictions.
Minor stream shall mean any stream that does not meet the
definition Qf major stream.
Monument sign shall mean a ground mounted sign which is
attached to the ground by means of a wide base of solid appearance
and which complies with the standards of Plate 3.
Moorage facility shall mean a pier, dock, buoy or other
structure providing docking or moorage space for waterborne
pleasure craft.
Multiuse complex shall mean all of the following: a group of
separate buildings operating under a common name or management; or
a single building containing multiple uses where there are specific
exterior entranceways for individual uses; or a group of uses on
separate but adjoining properties that request treatment as a
multiuse complex.
Natural features shall mean physical characteristics of the
subject property that are not manmade.
Natural materials shall mean materials chemically unaltered
from their natural state.
ORD # gi,245 , PAGE 26
Noise shall mean the intensity, duration and character of
sound from any and all sources.
Nonconformance shall mean any use, structure, lot, condition,
activity or any other feature or element of private property or the
use or utilization of private property that does not conform to any
of the provisions of this chapter or that was not approved by the
city through the appropriate decision -making process required under
this chapter.
Nonliving ground cover shall mean gravel, chipped bark or
similar nogpolluting material through which water can freely
percolate to the soil beneath.
Normal maintenance shall mean normal maintenance includes
interior and exterior repairs and incidental alterations. Normal
maintenance and repair may include, but is not limited to,
painting, roof repair and replacement, plumbing, wiring and
electrical systems, mechanical equipment replacement and
weatherization. Incidental alterations may include construction of
nonbearing walls or partitions.
Nursing home. See "convalescent center."
Occupant shall mean a person that legally occupies a structure
or property.
Odor shall mean stimulus affecting the olfactory nerves.
off -site directional sign shall mean a sign which gives
directions to a business or to merchandise, service, real estate,
goods or entertainment which are sold, produced or furnished at a
ORD # 95 z�5 , PAGE 27
place within the city other than the property on which the sign is
located.
Office use shall mean a place of employment providing services
other than production, distribution, sale or repair of goods or
commodities. The following is a nonexclusive list of office uses:
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 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 shall mean the PO zone.
Official notification boards of the city shall mean the
bulletin boards in the public areas of city hall and other public
locations as designated by city council.
On -site hazardous waste treatment and storage facilities shall
mean facilities which treat and store hazardous wastes generated on
the same lot or geographically contiguous or bordering property.
Travel between two properties divided by a public right-of-way, and
owned, operated or controlled by the same person, shall be
considered on -site travel if;
ORD #g5_2 15 , PAGE 28
(1) The travel crosses the right-of-way at a perpendicular
intersection, or
(2) The right-of-way is controlled by the property owner and
is inaccessible to the public (see WAC 173-303-040(39)).
Open space shall mean land not covered by buildings, roadways,
parking areas or other surfaces through which water can not
percolate into the underlying soils.
Ordinary high-water mark shall mean on lakes, streams and
tidal waters, that mark that will be 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; provided that any tidal area where
the ordinary high-water mark cannot be found based on the previous
text of this definition, the ordinary high-water mark shall be the
line of mean high tide.
Outdoor shall mean not contained within a building.
Outdoor storage shall mean any material or item (including
vehicles), being stored for or awaiting sale, lease, processing or
repair and not enclosed within a building.
Owner shall mean, 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.
ORD 95-���—� PAGE 29
Parking area shall mean any area designed and/or used for
parking vehicles.
Parking space shall mean an area which is improved, maintained
and used for the sole purpose of temporarily accommodating a motor
vehicle that is not in use.
Pedestal sign shall mean a ground mounted sign which conforms
to the standards of Plate 2.
Person shall mean any individual, partnership, association,
corporation, unit of government or any other legal entity.
Political sign shall mean a sign advertising a candidate for
public office, a political party or a particular voting preference.
Portable outdoor sign shall mean an outdoor sign that is not
permanently attached into the ground or a structure.
Primary Dwelling Unit shall mean the main structure located on
the subject property which is distinguishable from any. accessory
dwelling unit because it is greater in total square footage.
Primary vehicular access shall mean the major street from
which the majority of vehicles enter the subject property.
Private advertising sign shall mean a sign announcing a
temporary event, use or condition of personal concern to the sign
user such as, but not limited to, "garage sale" or "lost dog."
Private club shall mean an association of persons organized
for some common purpose, but not including groups organized
primarily to sell merchandise or render a service which is
customarily carried on as a business.
ORD # 15 24 , PAGE 30
Private notice sign shall mean a sign announcing a restriction
or warning regarding the subject property, such as but not limited
to "no trespassing" or "beware of dog."
Private traffic direction sign shall mean a sign on private
property which provides information for vehicular movement while on
that property.
Projecting sign shall mean a sign, other than a wall mounted
or marquee sign, which is attached to and projects from a structure
or building face.
Property line shall mean those lines enclosing the subject
property and those lines defining a recorded vehicular access
easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is
adjacent to a right-of-way which is more than 21 feet in
width, excluding Interstate 5. If the subject property is
adjacent to more than one right-of-way which is more than
21 feet in width, the applicant shall designate which of
the adjacent property lines is the front property line
and the remainder of such adjacent property lines will be
considered as either a rear property line or side
property line, based on the definition in this section.
If the subject property is not adjacent to a right-of-way
which is more than 21 feet in width, then the front
property line is the property line adjacent or
principally oriented to the street providing primary
vehicular access to the subject property, as determined
ORD 195-245 , PAGE 31
by the director of the department of community
development.
(2) The rear property line is any property line that is
farthest from, and essentially parallel to, the front
property line.
(3) The side property line is any property line other than a
front property line or a rear property line.
Public park shall mean a natural or landscaped area, provided
by a unit of government, to meet the active or passive recreational
needs of pe9ple.
Public utility shall mean the facilities of a private business
organization such as a public service corporation, or a
governmental agency performing some public service and subject to
special governmental regulations, the services which are paid for
directly by the recipients thereof. Such services shall include but
are not limited to: water supply, electric power, telephone,
cablevision, natural gas and transportation for persons and
freight. The term also includes broadcast towers, antennas and
related facilities operated on a commercial basis.
Public works director shall mean the director of the
department of public works of the city.
Real estate, off -site sign, shall mean a readily removable
sign announcing the proposed sale or rental of property other than
the property upon which the sign is located and providing
directions to the subject property.
ORD f 951 5 , PAGE 32
Real estate, on -site sign, shall mean a sign announcing the
sale or rental of the property upon which the sign is located.
Regulated lakes shall mean the following wetlands as shown in
the King County Wetlands Inventory Notebooks, Volume 3 South:
(1) Lower Puget Sound 6, 7, 12, 15, 16 and 17.
(2) Hylebos 2, 11, 13 and 16.
Regulated wetlands shall mean those areas that are inundated
or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas, with the exception of the
following areas shown in the King County Wetlands Inventory
Notebook, Volume 3 South:
(1) Lower Puget Sound Beach;
(2) Lower Puget Sound 1 and 51; and
(3) Areas defined as a regulated lake.
Methodology in the January 1989 Federal Manual for Identifying and
Delineating Jurisdictional Wetlands and subsequent United States
Army Corps of Engineers regulatory guidance letters will be used
for regulatory delineations of wetlands within the city.
Although a site specific wetland may not meet the criteria
described above, it will be considered a regulated wetland if it is
functionally related to another wetland that meets the criteria.
ORD -z 5 , PAGE 33
Relative shall mean 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 yards shall mean the areas adjacent to and interior
from
the property lines
and high- water mark of a lot.
If two or
more
required yards are
coincidental, the area will be
considered
the required yard with the greater dimension. Required yards are
categorized as follows:
(1) F.,ont. 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) High-water line yard. That portion of a lot adjacent to
and parallel with the high-water mark and at a distance
landward therefrom established in this chapter.
(4) 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 shall mean developments and occupancy in which
persons sleep and prepare food, other than developments used for
transient occupancy.
ORD # 9 - 45 , PAGE 34
Residential zone shall mean 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 shall mean commercial use (excluding fast
food restaurants) which sells prepared food or beverages and
generally for consumption on the premises.
Retail establishment shall mean 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.
Right-of-way shall mean land dedicated or conveyed to the
public or a unit of government, the primary purpose of which is the
movement of vehicles and/or pedestrians and providing for access to
adjacent parcels, with the secondary purpose of providing space for
utility lines and appurtenances and other devices and facilities
benefiting the public.
Right-of-way realignment shall mean the changing of the
horizontal position of the improvements in a right-of-way.
Roofline shall mean 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 shall mean the overland or subsurface flow of water.
Schools shall mean institutions of learning, excluding those
offering post secondary education, offering instruction in the
several branches of learning and study required by the Basic
ORD # 2'7 , PAGE 35
Education Code of the State of Washington to be taught in public,
private and parochial schools.
Shared access points shall mean a common point of vehicle
access from a street to more than one lot or use.
Sign shall mean any communication device, structure or fixture
using graphics, letters, figures, symbols, trademarks and/or
written copy, which is intended to do either or both of the
following:
(1) To identify a building, use, business or event.
(2) Tq promote the sale or recognition of a product,
business, use, service or goods.
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.
Sign area shall mean the entire area of a sign on which
graphics, letters, figures, symbols, 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
field containing the graphics, letters, figures, symbols,
trademarks and/or written copy; provided, however, that individual
letters, numbers or symbols using a canopy, awning or wall as the
background, without added decoration or change in the canopy,
ORD if 95 -46 , PAGE 36
awning or wall color, have sign area calculated by measuring the
perimeter enclosing each letter, number or symbol and totalling the
square footage of these.
Sign field shall mean the background upon which the graphics,
letters, figures, symbols, trademark or written copy of a sign are
placed.
Significant natural vegetation shall mean any area containing
a concentration of significant trees; any area of significant
biological importance; and any area containing dense, mature,
native vegetation.
Significant trees: A significant tree shall be defined as:
(1) Twelve inches in diameter or 37 inches in circumference
measured four and one-half feet above ground; and
(2) In good health; and
(3) Not detrimental to the community (e.g. is not diseased,
dying, or likely of falling into public open space or
right-of-way, etc.) or obscuring safe sight distance
requirements. Significant trees shall not include red
alder, cottonwood, poplar or big leaf maple.
[add diagram from pg 1628.3 here]
Silt or sediment shall mean the soil particles mobilized and
deposited by the processes of erosion and deposition.
Single Housekeeping Unit shall mean an individual or two or
more individuals related by not more than four degrees of affinity
or consanguinity and including persons under legal guardianship or
a group of not more than three persons who are not related by four
ORD # 05 , PAGE 37
or fewer degrees of affinitv or consanguinity; Provided however,
that any limitation on the number of residents resulting from this
definition 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 Fair Housing Amendments Act of 1988 42 U.S.C.
3604(f)(3)(b).
Single -use building shall mean a building which contains one
PF_iEffl
Small gnimals shall mean dogs, cats, birds, small exotic
animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats
and similar small wild animals.
Social Service Transitional Housing shall mean facilities
other than offices and group homes as defined in this chapter,
operated by a nonprofit social service agency, licensed as required
by the state, providing temporary and transitional housing to
individuals on an as -needed basis including, but not limited to,
emergency shelters, homeless shelters, and other such crisis
intervention facilities. This classification includes domestic
violence shelters as defined herein, except that such shelters
wherein the total number of residents does not exceed the maximum
number allowed under the family definition, may be permitted
outright in all residential zones.
Type A: Maximum number of residents to be consistent
with the maximum number of unrelated adults allowed under
the zoning definition of family.
ORD # % 1_21_ , PAGE 38
Type B: All social service transitional housing not
meeting the definition of "Type All, above. Maximum
number to be determined on a case by case basis.
The 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 Fair Housing Amendments Act of 1988, 42
U.S.C. 3604(f)(3)(b).
Special, Needs Housing shall mean housing not specifically
defined by this chapter, and which will be processed under the
classification most closely related to the proposed use, as
determined by the Director of Community Development Services.
State environmental policy act shall mean RCW ch. 41.23C.
Storm drainage shall mean the movement of water, due to
precipitation, either surficially or subsurficially.
Story shall mean the area or 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 shall mean a course or route, formed by nature,
including those modified by man, 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.
ORD 1 q5 z21.5 , PAGE 39
Street shall mean both of the following:
(1) A public right-of-way.
(2) A vehicular access easement or tract.
Street providing direct vehicle access shall mean the street
from which a vehicle can enter the subject property without
traversing another street or piece of property. In the case of a
multiuse complex, the street providing direct vehicular access is
the exterior street that borders the complex and not an internal
street surrounded by the complex.
Structure shall mean anything which is built or constructed,
an edifice or building of any kind or any piece of work
artificially built up or composed of parts joined together in some
definite manner.
Structural alterations shall mean any change in the supporting
member of a building or structure.
Subject property shall mean the entire lot or parcel, or
series of lots or parcels, on which a development, activity or use
is or will locate or on which any activity or condition regulated
by or subject to this chapter is or will occur or take place.
Temporary commercial sign shall mean a sign associated with a
business, which is painted on a window or constructed of cloth,
paper or similar flexible materials, is readily removable, and
displays a temporary commercial message, but excluding a real
estate, on -site sign or real estate, off -site sign.
Tenant improvement shall mean any work, improvement or
remodeling completely within the interior of a building necessary
ORD # Q5 z1-15 , PAGE 40
to meet the varied requirements of continuing or succeeding
tenants.
Topsoil shall mean the uppermost strata of soil containing a
large percentage of organic materials and which is capable of
providing suitable nourishment for vegetation.
Traffic control devices shall mean signs, signals, stripes and
other mechanical or graphic items which control the flow, direction
or speed of vehicular and pedestrian traffic.
Under marquee sign shall mean a sign which is attached to and
suspended from a marquee or canopy and which does not extend beyond
the marquee or canopy.
Use shall mean the nature of the activities taking place on
private property or within structures thereon. Each separate
listing under the "Use" column in sections 22-596 through 22-878 is
a separate use.
Vehicle service station shall mean a commercial use supplying
petroleum products that are for immediate use in a vehicle.
Vehicle storage area shall mean an outside area which is used
for the storage and/or display of operational vehicles.
Vehicular access easement or tract shall mean 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.
ORD 2 S , PAGE 41
Wall mounted sign shall mean a sign attached to and extending
not more than 18 inches from the facade or face of a building or a
mansard roof with the exposed face of the sign parallel to the
facade or face of the building or mansard roof.
Waterward shall mean toward the body of water.
Well head shall mean the top of the shaft of a well or similar
water extraction facility from which potable water is extracted.
Wholesale trade shall mean a commercial establishment which
sells to retail establishments.
.Zones ghall mean use zones as described in sections 22-596
through 22-878.
Zoning map shall mean the series of maps adopted by the city,
and designated the official zoning map of the city, showing the
geographical location of use zones within the municipal boundaries.
(Ord. No. 90-43, S 2(3.10), 2-27-90; Ord. No. 90-51, SS 1, 2, 3-27-
90; Ord. No. 91-87, §§ 2--4, 2-5-91; Ord. No. 91-92, § 4, 4-16-91;
Ord. No. 91-100, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord.
No. 91-113, S 3, 12-3-91)
B. Accessory Dwelling Unit Regulations. A new Section 22-
965, Accessory Dwelling Units, shall be added to the FWCC as
follows:
Section 22-965 Accessory Dwelling Units
(a) Purpose. In order to provide affordable housing to the
citizens of Federal Way and in order to comply with the Growth
Management Act and the Washington State Housing Policy Act this
section permits Accessory Dwelling Units ("ADU") which comply with
the conditions set forth in this code.
ORD # jJ6, PAGE 42
(b)_ Definitions. Any words terms or Phrases used in this
Section and which are not otherwise defined shall have the meanings
set forth in Sections 22-1 of this code.
(c)_ Permit Requirements Owners desiring to construct and/or
operate an ADU shall be reguired to apply for and obtain an ADU
permit from the Department of Community Development Services
comply with all the special regulations set forth in FWCC Sections
22-613 and 22-648, comply with all other applicable law, obtain all
other necessary permits and pay all fees in connection with such
construction or operation. The application shall be accompanied by
the appropriate application fee as established by the City's
adopted fee schedule. The Department of Community Development
Services may issue a certificate of ADU compliance on the basis of
inspection(s) of the ADU, and may reguire corrections as
appropriate under the Uniform Building Code and other applicable
codes or laws. In the event the ADU does not comply with such
applicable laws. the Department of Community Development shall deny
the ADU application unless the ADU is exempt pursuant to subsection
(d) .
u Exemption/Nonconformance. No ADU permit is required for
legal nonconforming ADUs which are Permitted Pursuant to Section
22-339 Nonconformance of this code.
u Enforcement. ADUs not complying with the Provisions of
this section within twelve (12) months of the effective date of
adoption of this section and/or ADUs not constituting a legal
nonconforming ADU pursuant to Section 22-339 of this code, are
ORD # 5-z , PAGE 43
subiect to the enforcement provisions of Division 5 of this code
regarding enforcement of code violations and are subject to all
other enforcement remedies available to the City by applicable law,
including without limitation the requirement for the property
owner to immediately abate or discontinue such ADUs
C. Use Zone Chart - Suburban Estates. A new Section 22-613
relating to ADUs in Suburban Estate ("SE") zones shall be added to
the FWCC as contained in Exhibit "A" attached hereto and
incorporated by this reference.
D. Use, Zone Chart - Single Family Residential. A new Section
22-648 relating to ADUs in Single Family Residential ('IRS") zones
shall be added to the FWCC as contained in Exhibit "B" attached
hereto and incorporated by this reference.
E. Nonconformance. A new Section 22-339, Nonconforming
Accessory Dwelling Units, shall be added to the FWCC as follows:
Section 22-339 - Nonconforming Accessory Dwelling Units
u 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 Sections 22-613 22-648
2.2-965 or any other provisions of this code is eligible for
designation as a legal nonconforming ADU provided it meets the
following requirements:
(1) The ADU was covered by a permit on the date of
adoption of this code, if one was required under
applicable law: or
ORD # - 1-6 , PAGE 44
(2)_ If no permit was required under applicable law, the
ADU was in compliance with applicable law on the date of
adoption of this code.
(b)_ Allowed. All legal nonconforming ADUs are allowed
subject to the provisions relating to loss of nonconforming status
and other limitations set forth in this chapter.
(c) Loss of Lecral Nonconforming ADU Status All
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:
(1) Increase in Square Footage. The applicant is
increasing the gross floor area of any ADU;
(2) Other Alterations. The applicant is making any
change, alteration or performing work other than normal
maintenance or other than tenant improvements, in any
twelve (12) month period to any ADU and the fair market
value of such changes, alterations or other work exceeds
fifty percent (50%) of the assessed value of that ADU as
determined by the King County Assessor;
(3) Abandonment or Cessation of Occupancy. The subject
property containing the ADU is abandoned for ninety (90)
or more consecutive days or the ADU is not occupied for
one hundred eighty (180) consecutive days; or
ORD �� ;G�S , PAGE 45
(4) change in use. There has been a change in use on
the subiect property as that term is defined by Section
22-1 of this code.
Section 4. 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
other persons or circumstances.
Section 5. Ratification. Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way
this ,U day of /Y(�Q/i%(/C//J , 1995.
CITY OF FEDERAL WAY
i
PARY E. GATES
ORD 195 ,Z45 ., PAGE 46
APPROVED AS TO FORM:
CITY ATTORNEY,- LONDI K. LINDELL
FILED WITH THE CITY CLERK: 11/01/95
PASSED BY THE CITY COUNCIL: Ii./21/95
PUBLISHED: 11/25/95
EFFECTIVE DATE: 11/30/95
ORDINANCE NO. 95-245
K:\ORDIN\ADU
ORD # `�`� , PAGE 47
Sec. 22-613 Accessory Dwelling Units
EXHIBIT "A"
Z
O
USE
' y
USE ZONE CHART
DIRECTIONS: Mn. —4 6. a f.e —.-THIN —. f« aaoutanau ZONE
MINIMUMS MAXIMUMS SE
a
REQUIRED YARDS I
a 0 4 ay
SPECIAL REGULATIONS AND NOTES
Accessory
Adminis
See
30'
10,
10,
See
30'
See
See
1. An accessory dwelling unit (ADU) shall meet the definition outlined
dwelling unit
-trative
note 1.
note 2.
above
note 4.
note 5.
in Section 22-1. Minimum lot size for ADUs is based upon the
(ADU) in single
Review
average
minimum lot size for the existing primary dwelling unit as set forth
family residences
building
in Section 22-596. The minimum lot size from 22-596 is 5 acres.
eleva-
tion
2. Only one ADU may be created per subject property. The ADU and
the primary dwelling unit together shall not exceed the maximum lot
coverage prescribed In Section 22-596.
3. An ADU shall be designed so that, to the degree reasonably
feasible, the appearance of the building remains that of a single-
family residence. The design and size of an ADU and the primary
dwelling unit shall conform to all applicable standards in the zoning,
building, plumbing, electrical, mechanical, fire, health, and any
other applicable codes, as required for any new construction. All
ADUs and primary dwelling units shall also meet the minimum
standards of the Uniform Housing Code. Certification by
appropriate utility providers of availability of sufficient water, sewer
and/or septic services to the proposed ADU, must be provided as
part of the application.
4. Refer to Article XVII, Landscaping, for appropriate requirements.
5. Standard parking requirements are act forth under Section 22-631.
Beyond these requirements, one additional parking space is required
for an ADU.
6. Section 22-946 contains regulations regarding home occupations and
other accessory uses, facilities and activities associated with this use.
Home occupations are not allowed in an ADU.
Process I, II and III am described in For other information about paridng and parking arms, see 122-1376 at seq.
11 22.386-22-411. For details of the regulations in this category, see 122,15% et seq.
M-431-224M, For details of the re8uhtioos is this category. see i 22r1561 at seq.
22-476-22-498 reepecEwly. For details of what may *=cod this height limit, see 122-1046 et seq.
Site Plan Review is described in 14 22.361-22.369 For detail regarding required yards. we 122-1131 at seq.
•
•
Sec. 22-613 Accessory Dwelling Units
USE ZONE CHART
z
C
DIRECTIONS: rmsr, era 4u a b rot o....7mv -- t r neovunms
ZONE
E+
Q
MINIMUMS
MAXIMUMS
SE
a
USE
REQUIRED YARDS
y
i '►
A p4pl�
� � �
m
F
Fu
o�
toy pG
SPECIAL REGULATIONS AND NOTES
7. ADUs may be accessed through the entrance to the primary
dwelling unit or through an additional entrance on the side or rear
of the residence. Only one entrance is, allowed on the front of the
residence.
S. The property owner, must reside in either the primary dwelling unit
or ADU for 6 months or mote of each calendar year, and at no time
receive rent or other compensation for the owner -occupied unit.
9. An ADU shall contain between 300-800 sq. ft., but shall not exceed
40% of the sq. ft. of the primary dwelling unit. The unit shall have
no more than two bedrooms.
10. No more than one single housekeeping unit may occupy an ADU.
Prooe" 1, 11 and III are deacnbed in
If 22386-72-411,
For other informatim about packing and parWng area, me f 22 1376 et req.
22-431—M'460-
For details of the regahtiou in this category, see f 22-IW at seq.
22-476-22498 rapeetiv*.
For details of the regulations in this category, see f 22-1561 at seq.
Site Plan Review
is desenbed in If 22361-22369
For details of what may exceed this height limit, am f 22-1046 et seq.
For detail regarding required yards, am f 221131 et seq.
U
•
•
Sec. 22-613 Accessory Dwelling Units
USE ZONE CHART
z
DIRECPIONS: Ptasr. —6 4o.a b fm4 w...77i&: asaou Jess aeov[xnoas
MINIMUMS
MAXIMUMS
r7
9
REQUIRED YARDS
USE
t„�
w
:J H
Process I, 11 and III are described in
it 22-386--22-411,
22-431-22-460,
22-476-22-499 respectively.
Site Plan Review is descnlmd in f f 22-361-22.369
I ZONE
SPECIAL REGULATIONS AND NOTES
11. Application for an ADU permit shall be made to the Department of
Community Development Services in accordance with the permit
procedures adopted by the Department, and shall include a letter of
application from the owner(s) stating that the owner(s) shall occupy
one of the dwelling units on the premises, except for bona fide
temporary absences, for six months or more of the calendar year.
An ADU application shall also be filed as a deed restriction with the
King County Department of Records and Elections to indicate the
presence of an ADU, the requirement of owner occupancy, and
other standards for maintaining the unit as described in this code.
Cancellation of an ADU's registration may be accomplished by the
owner filing a letter with the Department of Community
Development Sevrices for recording at the Department of Records
and Elections, or may occur as a result of an enforcement action.
For other information about parkdng and parkins arras, see ¢ 22-1376 et seq.
For detail of the regulations in this category, see } 22-1596 at seq.
For details of the regulations in this category, see j 22-1561 et seq.
For derails of what may exceed this height limit, see ¢ 22-1046 et seq.
For details regarding required yards, see 1 22-1131 et seq.
•
0
J
Sec. 22-648 Accessory Dwelling Units
DIRECTIONS: Rase. read do s . fd w. MIM .ao,. for RWULlnars
MINIMUMS
REQUIRED YARDS
�a
8
N
Accessory Adminis See In RS 35 zones:
dwelling unit -trative note 1. 20' 10,
(ADU) in single Review
family residences Otherwise:
20, 5'
Process 1, I[ and III are dewnbed in
if 22r386-22.-411.
M-431—M-460,
22.476-22-498 respectively.
Site Plan Raview is dambed in If 22-361-22-369
EXHIBIT "B"
MAXIMUMS
81
See
30'
10'
note 2.
above
average
building
5'
eleva-
tion
USE ZONE CHART
ZONE
RS
a
y
o SPECIAL REGULATIONS AND NOTES
See
See
1. An accessory dwelling unit (ADU) shall meet the definition outlined
note 4.
note 5,
in Section 22-1. Minimum lot size for attached ADUs is based upon
the minimum lot size for the existing primary dwelling unit as set
forth in Section 22-631. Minimum lot size for detached ADUs must
be 15,000 square feet or more in area.
2. Only one ADU may be created per subject property. The ADU and
primary dwelling unit together shall not exceed the maximum lot
coverage prescribed in Section 22-631, as follows:
a. In RS 35.0 = 50%
b. In RS 15.0 = 50%
c. In RS 9.6 = 60%
d. In RS 7.2 = 60%
e. In RS 5.0 = 60%
3. An ADU shall be designed so that, to the degree reasonably
feasible, the appearance of the building remains that of a single-
family residence. The design and size of an ADU and the primary
dwelling unit shall conform to all applicable standards in the zoning,
building, plumbing, electrical, mechanical, fire, health, and any
other applicable codes, as required for any new construction. All
ADUs and primary dwelling units shall also meet the minimum
standards of the Uniform Housing Code. Certification by
appropriate utility providers of availability of sufficient water, sewer
and/or septic services to the proposed ADU, must be provided as
part of the application.
4. Refer to Article XVII, Landscaping, for appropriate requirements.
5. Standard parking requirements are set forth in Section 22-631.
Beyond these requirements, one additional parking space is required
for an ADU.
For other information about p uldng and parldng area. see f 22-1376 et seq.
For details of the roguladoos m this category, see f 22r1596 at seq.
For details of the regulations in dio category, see f 22-1361 at seq.
For details of what may exceed this height limit, see f 22-1046 at seq.
For details roprding required ynds, am f 22-1131 or seq.
s
Sec. 22-648 Accessory Dwelling Units
USE ZONE CHART
W
z
0
DIRECTIONS: ma, and awesb rind,,....nm+ raw s rsaotnancNs
C
MINIMUMS
MAXIMUMS
USE
REQUIRED YARDS
,�
(yp7
N
F
iqj
A
Q
W d
Process I, II and III are descnbed in
11 22-386-22.411,
22-431-22-460,
22-476-22-498 respectively.
Site Plan Review is desedbed in ¢§ 2-361-22-369
I RSA
SPECIAL REGULATIONS AND NOTES
6. Section 22-946 contains regulations regarding other accessory uses,
facilities and activities associated with this use. Home occupations
are not allowed in an ADU.
7. ADUs may be accessed through the entrance to the primary
dwelling unit or through an additional entrance on the side or rear
of the residence. Only one entrance is allowed on the front of the
residence.
8. The property owner, must reside in either the primary dwelling unit
or ADU for 6 months or more of each calendar year, and at no time
receive rent or other compensation for the owner -occupied unit.
9. An ADU shall contain between 300 and 800 sq. ft., but shall not
exceed 40% of the sq. ft. of the primary dwelling unit. The unit
shall have no more than two bedrooms.
10. No more than one single housekeeping unit may occupy an ADU.
For other information about parldug and parldag arms, see 4 22-1376 at seq.
For details of the m8ulatieos in this category, sea 122-15% et seq.
For details of the regulations in this category, we 122-1561 et seq.
For detail of what may weed this height limit, ace 122-1046 at seq.
For details regarding required yards, we f 22-1131 at seq.
•
0
Sec. 22-648 Accessory Dwelling Units
USE ZONE CHART
z
00
DIRECTIONS: Fuw. —d d—s e t d +... AMA .r o.. ra Raouunoru
d
MINIMUMS
MAXIMUMS
x
REQUIRED YARDSt�,
USE
• y
R
ly
H
0
RpQ5dj
pVS�{
wj�,7
,�`y� Apr(
J
I RSA I
SPECIAL REGULATIONS AND NOTES
11. Application for an ADU permit shall be made to the Department of
Community Development Services in accordance with the permit
procedures adopted by the Department, and shall include a letter of
application from the owner(s) stating that the owner(s) shall occupy
one of the dwelling units on the premises, except for bona fide
temporary absences, for six months or more of the calendar year.
An ADU application shall also be filed as a deed restriction with the
King County Department of Records and Elections to indicate the
presence of an ADU, the requirement of owner occupancy, and
other standards for maintaining the unit as described in this code.
Cancellation of an ADU's registration may be accomplished by the
owner filing a letter with the Department of Community
Development Sevrices for recording at the Department of Records
and Elections, or may occur as a result of an enforcement action.
Process 1, 11 and III are described in For other information about parking and parking areas, see 1 22-1376 et seq.
It 22.386-22-411. For details of the regulations in this category, we 122-i396 et seq.
22-431-22-460. For details of the regulations in this category, see ¢ 22-1361 et seq.
22-476-22-498 respectively. For details of what may exceed this height limit, see 1 22-1046 at seq.
Site Plan Review is described in 11 22-361-22-369 For details regarding required yards, a" 1 22.1131 et seq.
Exhibit B — ADU Information
1%
DEPARTMENT OF COMMUNITY DEVELOPMENT
33325 81b Avenue South
Federal Way, WA 98003
CITY OF 253-835-2607; Fax 253-835-2609
Federal Way www.cityoffederalway.com
ACCESSORY DWELLING UNIT (ADU)
WHAT IS AN ACCESSORY DWELLING UNIT (ADU)?
An ADU is 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 that is
accessory to the main or primary dwelling unit. As established in Federal Way Revised Code
(FWRC) 19.265.020, ADUs are permitted in both Single -Family Residential (RS) and Suburban
Estates (SE) zoning districts. Only one ADU may be created per property and the lot size where the
ADU is established must meet the minimum lot size as required by the zone. ADUs provide complete
independent living facilities exclusively for one single housekeeping unit, including permanent
provisions for living, sleeping, cooking, and sanitation. There are two types of ADUs:
❖ An Attached ADU is an accessory dwelling unit that has one or more vertical and/or
horizontal walls in common with, or attached to, the primary dwelling unit.
4 A Detached ADU is a freestanding accessory dwelling unit that is not attached or
physically connected to the primary dwelling unit.
HOW DO I CREATE A LEGAL ADU?
There are two city permits required to create an ADU:
ACCESSORYDWELLING UNITLAND USEPERMIT: Fill out the Accessory Dwelling Unit (ADU) Land
Use Application and submit electronically to the Department of Community Development with a
non-refundable fee (contact the Permit Center at permitcenterkcityoffederalway.co or,
253-835-2607 for the fee amount). Site plan and floor plan drawings should be submitted to meet the
requirements of FWRC 19.195.180 and 19.200.180. Staff will review this application to determine if
the ADU proposed for your property is legal.
BUILDING PERMIT.• New construction, additions, or alterations to create an ADU will require a
building permit. Building permit fees are based on construction values. Following final approval of
the ADU by the Building Inspector, a Certificate of Occupancy will be provided.
WHAT IS A "LEGAL NONCONFORMING" ADU?
An ADU may be considered legally nonconforming if it meets one of the following:
1) The ADU was covered by a permit on the date of adoption of this code (February 28,
1990), if one was required under applicable law; or
2) No permit was required at the time the ADU was created and the ADU was in
compliance with the applicable law (minimum housing and building code standards) at
that time.
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City ADU land use permit fees are not required for legal nonconforming ADUs if the owner provides a
copy of the permit issued by the county, or provides proof that no permits were required at the time the
ADU was created. Owners of legal nonconforming ADUs must still file a "Deed Restriction" with
King County Records and Elections and provide the city with a legally recorded copy. Once the city
receives a recorded copy, the Certificate of ADU Compliance will be issued to the owner.
Please be advised that a legal nonconforming ADU may have been legal when it was
created, but may not necessarily meet the city's current AD U standards.
Per FWRC 19.30.140, the legal nonconforming ADU status is lost when one or more of the following
events occur:
(a) Increase in square footage. The applicant increases the gross floor area of the ADU; or
(b) 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.
When legal nonconforming status is lost, the ADU must be removed or modified to meet City of
Federal Way ADU requirements and receive a land use approval by the Planning Division.
WHAT ARE THE STANDARD ADU REQUIREMENTS?
❖ Primary dwelling units with an ADU must have a minimum of three off-street parking
spaces located a minimum of five feet from the side and rear property lines *except when
exempt from off-street parking requirements under RCW 36.70A.698*
❖ The primary dwelling unit and the ADU cannot exceed the maximum lot coverage
prescribed by the FWRC.
❖ The ADU should be designed so that the appearance remains that of a single-family
residence. ADUs may be accessed through the entrance to the primary dwelling unit or
through an additional side or rear entrance. Only one entrance is allowed on the front of the
primary residence. For questions regarding whether additions to a house containing a second
kitchen and associated living facilities require an ADU permit, see link for ADU
interpretation decision, or email Plannin cityoffederalway.com.
❖ The ADU shall have between 300 and 800 square feet of floor area. ADUs must not exceed
40 percent of the square footage of the primary dwelling unit.
❖ ADUs may have up to two bedrooms.
❖ ADUs on septic systems require King County Public Health Department approval with the
ADU land use permit application.
❖ The Lakehaven Water & Sewer District (or Tacoma Water) may require a separate water
meter for attached and detached ADUs. Their approval of the ADU is required with the
ADU land use permit application.
❖ Home occupations are not allowed in ADUs.
WHAT IS THE OWNER OCCUPANCY REQUIREMENT?
Owners of primary dwelling units that have an ADU must occupy one of the two dwelling units for
six months in each calendar year. Owner occupancy is pledged with the Letter of Application and
Deed Restriction, and recorded with King County Records and Elections by the applicant following
ADU land use permit approval. The applicant must provide the city with a legally recorded copy of
the Deed Restriction to finalize the ADU process. The goal of owner occupancy is to ensure
monitoring and maintenance of both units by the property owner.
Bulletin #048 — October 26, 2021 Page 2 of 3 k:\Handouts\ADU Information
WHAT HAPPENS WHEN THE HOME WITH AN ACCESSORY DWELLING UNIT IS SOLD?
The new purchaser of a home with a legally established ADU must file a new Deed Restriction and
record with King County. The recorded deed restriction document must be submitted to the
Department of Community Development within 30 days of transfer of ownership if the new owner
intends to continue maintaining the ADU. If the new owner chooses not to occupy one of the units,
he/she will have to discontinue use of the ADU and remove features that make it a separate dwelling
unit, such as stove, toilet, or tub.
I HAVE AN EXISTING ADU THAT DOESN'T MEET ALL CITY REQUIREMENTS. WHAT CAN I DO?
You have two options if your ADU was not permitted by King County and does not meet the city
ADU requirements. The elements that make up the separate dwelling unit can be removed, or you
can apply for a variance to the ADU requirements. The Federal Way Hearing Examiner decides
variance requests. The Hearing Examiner conducts a public hearing and decides upon the request
after reviewing the variance criteria. Contact the Permit Center at 253-835-2607, or
permitcenterkcityoffederalway.com, for variance processing fees.
WHAT ABOUT PRIVATE COVENANTS THAT MAY PROHIBIT ADUS?
The City of Federal Way does not review nor enforce private Covenants, Conditions, and Restrictions
(CC&R). The applicant is advised to consult property documents for any deed restrictions.
WHAT ABOUT SCHOOL IMPACT FEES?
Attached or detached ADUS are subject to School Impact Fees per Ordinance 96-265. The fees,
assigned to all new residential development projects, are used by the Federal Way School District to
build new schools and improve existing schools. Contact the Permit Center at 253-835-2607, or
permitcenter@cityoffederalway.com, for ADU school impact fees. These must be paid before a
building permit can be issued.
HOW CAN I OBTAIN ADDITIONAL INFORMATION?
Additional information about ADUs may be obtained from the City of Federal Way Community
Development Department, located in City Hall (33325 81h Avenue South, Federal Way, WA 98003-
6325). City Hall is open from 8:00 a.m. to 5:00 p.m., Monday through Friday. Contact the Permit
Center at 253-835-2607, or permitcenter(&cityoffederalway.com, for information about the ADU
Land Use Permit Application or Deed Restrictions. Development Specialists are available to guide
you through the building permit process.
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