ORD 22-932 - Relating to Various Code Amendments & CleanupORDINANCE NO.22-932
AN ORDINANCE of the City of Federal Way, Washington, relating
to various amendments to Titles 2 (Government), 14 (Environmental
Policy), 18 (Subdivisions) and 19 (Zoning and Development);
amending FWRC 14.10.040, 14.15.030, 18.10.010, 19.05.010,
19.05.040, 19.05.060, 19.05.130, 19.05.190, 19.55.010, 19.60.010,
19.65.010, 19.70.010, 19.70.100, 19.70.120, 19.80.050, 19.80.080,
19.80.170, 19.115.090, 19.125.060, 19.125.130, 19.195.180, 19.200.180,
19.260.055, 19.260.060, 19.265.010, 19.265.020; and repealing FWRC
18.45.060. (Amending Ordinance Nos. 90-40, 90-41, 90-43, 90-631, 92-
133, 93-170, 95-245, 96-270, 96-271, 97-291, 99-333, 99-337, 00-375, 01-
381, 01-382, 02-424, 02-426, 03-443, 04-468, 05-506, 06-515, 07-545, 07-
554, 07-559, 07-573, 08-585, 09-593, 09-604, 09-605, 09-594, 09-610, 09-
631, 10-651,10-669, 10-678, 11-681, 11-700, 12-713, 13-754, 14-760, 14-
778, 15-797, 15-804, 17-834, 18-850, 18-852, 18-844, 20-898, and 21-
921.)
WHEREAS, the City recognizes the need to periodically modify Title 19 and various
other Titles 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 land
use and zoning regulations as deemed necessary, and improve the efficiency of the regulations
and the development review process; and
WHEREAS, the Washington Growth Management Act requires that development
regulations be subject to continuing evaluation and review; and
WHEREAS, the City has identified miscellaneous issues of clarity and consistency,
opportunities for permitting efficiencies, and compliance issues with newly passed and/or
amended State laws and regulations that this ordinance seeks to remedy; and
WHEREAS, as part of its current State Environmental Policy Act ("SEPA") code,
contained in Title 18 FWRC, the City currently categorically exempts certain minor new
construction from SEPA threshold determinations and environmental impact statements ("EIS")
pursuant to WAC 197-11-900(1)(c); and
Ordinance No. 22-932 Page I of 77
WHEREAS, WAC 197-11-800(1)(c) authorizes cities to raise the SEPA categorical
exemption thresholds for minor new construction to those levels specified in WAC 197-11-
800(1)(d); and
WHEREAS, the City has determined that raising the SEPA categorical exemption
thresholds in accordance with the procedures in WAC 197-11-800(1)(c) is in the best interests of
the residents of the City; and
WHEREAS, the City has completed the procedural requirements of WAC 197-11-
800(1)(c)(i-iv) necessary to change the SEPA categorical exemption thresholds for minor new
construction; and
WHEREAS, the City has determined that there are adequate existing local, state, and
federal environmental regulations in place to mitigate any potential impacts from newly exempt
development; and
WHEREAS, this ordinance creates new public noticing requirements for multifamily
residential structures and office, school, commercial, recreational, service, storage building, and
parking facility uses over 12,000 square feet; and
WHEREAS, State agencies received 60-day notice of the proposed amendments on
August 31, 2021; and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the Proposal on November 5, 2021, no comments were received and the DNS was
Ordinance No. 22-932 Page 2 of 77
finalized on November 19, 2021, and no appeals were filed and the appeal period expired on
December 10, 2021; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on December 1, 2021, and continued on January 19, 2022; and
forwarded a recommendation of approval to the City Council; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on April 4, 2022, and recommended adoption of the text
amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by ensuring conformance with state law, protecting public health
and safety, and clarifying items within the Code resulting in less need for interpretation.
(c) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(d) These code amendments are consistent with the intent and purpose of their
respective titles under FWRC and will implement and are consistent with the applicable
provisions of the Federal Way Comprehensive Plan.
(e) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
Ordinance No. 22-932 Page 3 of 77
FWRC.
(f) These code amendments have followed the proper procedure required under the
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG2 Develop an efficient and timely development review process based on a public/
private partnership.
LUN Maximize efficiency of the development review process
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
EDP1 Cooperate with the federal, state, and region's public jurisdictions and private
entities on matters of individual interest including: economic, social and environmental
issues.
EDP10 Continue to implement a streamlined permitting process consistent with state and
federal regulations to reduce the upfront costs of locating businesses or redeveloping
businesses in the City.
EDPll Continue to pursue aggressive public safety programs designed to protect
residents, businesses, and their investments.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because they will offer increased efficiencies for permit applicants,
Ordinance No. 22-932 Page 4 of 77
clarify ambiguities in the current code thereby reducing the need for staff interpretations, and
make the city's code consistent with recently -approved changes to state law.
(c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because they promote permitting efficiency and reduce and clarify
ambiguity in code, resulting in more consistency and predictability for the public.
Section 3. FWRC 14.10.040 is hereby amended to read as follows:
14.10.040 Public notice.
(1) The city shall give public notice for project -related actions as follows:
(a) Notices will be posted on the city website, 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 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.
Ordinance No. 22-932 Page 5 of 77
(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 liyon
the citespage.
(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
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 4. FWRC 14.15.030 is hereby amended to read as follows:
14.15.030 Categorical exemptions — Flexible thresholds.
(1) The city establishes the following exempt levels for minor new construction was
provided in WAC 197-11-800(1)(h) based on local conditions:
Ordinance No. 22-932 Page 6 of 77
(a) For residential structures up to -230 single-family dwelling units and up to 60 multi -family,
dwelling units.
(b) For agricultural structures covering up to 10,000 square feet.
(c) For office, commercial, recreational, service or storage buildings up to 12,00030.000
square feet gross floor area, and up to 40-90 parking spaces.
(d) For parking lots up to 40-90 parking spaces.
(e) For landfills and excavations up to 5W1,000 cubic yards.
(2) For any project considered exempt under FWRC 14.15.030(1), the followingshall hall apply:
(a) Projects shall be subject to applicable city, state, and federal regulatory requirements.
Projects shall not be exempt from meeting city code requirements. This includes paying
applicable transportation impact fees (Chapter 19.91 FWRC), making development
improvements, including those for safety and access purposes (Chapter 19.135 FWRC), and
compliance with the transportation concurrence management program (Chapter 19.90
FWRC).
(b) In the event that a future development project is proposed in a location mapped as being
potentially affected by the Tacoma Asarco smelter plume, the city shall require that prior to
the issuance of a grading permit or building permit, the applicant shall submit a soil sampling
and cleanup report per the Washington State Department of Ecology Tacoma Smelter Plume
Model Remedies Guidance. If soil contaminants are found to be elevated per the guidance,
the applicant shall remedy the soils per the guidance as a component of the grading permit
and then submit a written approval of cleanup (No Further Action) from the Department of
Ecology following completion of the grading activities. The No Further Action document
Ordinance No. 22-932 Page 7 of 77
shall be submitted to the city Department of Community Development prior to issuance of
any certificate of occupancy
(c) In the event that a future development project is proposed on or immediately surrounding
a site containing a known archaeological resource, as defined in Chapter 27.53 RCW, the
potential impacts on the archaeological resource shall be considered; and, if needed, a study
conducted by a professional archaeologist shall be required at the applicant's expense to
determine whether the proposed development project would materially impact the
archaeological resource.
(d) If the impacts on archaeological resources cannot be avoided, the city shall require that
the applicant obtain all appropriate permits consistent with state and federal laws and that any
required archaeological studies are completed before permitting any project that would
disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained
from the Department of Archaeology and Historic Preservation (DAHP) prior to disturbing a
known archaeological resource or site. The avoidance of archaeological resources through
selection of project alternatives and changes in design of project features in the specific area
of the affected resource(s) would eliminate the need for measuring or mitigating impacts.
(e) Developers and property owners shall immediately stop work and notify the city, DAHP
and affected tribes if archaeological resources are uncovered during excavation. Following
such notification, the city may require implementation of FWRC 14.15.030(3)(c,) and (d).
If impacts cannot be avoided on a historic resource that is determined eligible for listing
on either state or national historic registers, the applicant shall consult with DAHP regarding
mitigation options and shall provide documentation of the consultation to the city_
Ordinance No. 22-932 Page 8 of 77
(g) To include DAHP in the review of historic properties within the infill exemption area, the
city will notify the State Historic Preservation Officer (SHPO) regarding proposals involving
eligible or designated historic properties through the evaluation of proposals consistent with
Chapter 19.285 FWRC.
(3) For any project considered exempt under FWRC 14.15.030(1) that contains any multifamily
residential units, or 12,000 or more square feet of non-residential square footage, public notice
must be provided in accordance with FWRC 19.65.070.
(42) Whenever the city establishes new exempt levels under this section, it shall send them to the
State Department of Ecology as required by WAC 197-11-800(1)(c).
Section 5. FWRC 18.10.010 is hereby amended to read as follows:
18.10.010 Scope.
(1) Boundary line adjustments shall be an alteration in the location of lot boundaries on
existing lots. Such alteration shall not increase the number of lots nor diminish in size open space
or other protected environments.
(2) Such alteration shall not diminish the size of any lot so as to result in a lot of less square
footage than prescribed in the zoning regulations.
(3) Such alteration shall not result in the reduction of setbacks or site coverage to less than
prescribed by the zoning regulations.
(4) Such alteration shall not adversely affect storm drainage, water supply, existing or future
sanitary sewage disposal, and access easements for vehicles, utilities, and fire protection.
(5) Such alteration shall not circumvent city code requirements associated with a land division
approval, or an obligation to pay latecomer fees.
Ordinance No. 22-932 Page 9 of 77
(46) All lots resulting from the boundary line alteration shall be in conformance with the design
standards of this title.
Section 6. FWRC 19.05.010 is hereby amended to read as follows:
19.05.010 A definitions.
"Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject
property or structure on that property, without any intention of transferring rights to the property
or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property.
"Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or
foreclosure.
"Abandoned personal wireless service facility" means a WSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60
or more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support
structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of
60 or more consecutive days.
"Accessory" means a use or structure which is subordinate and incidental in size, scale,design,
sr- pt"ose-to the principal use or structure on the subject property, and supports the principal use
or structure without displacing or dominating it. A structure is only accessory within the meaning
of this definition when it has less gross square footage and its height is equal to or less than the
height of the principal structure on the subject property. See FWRC 19.265.010.
Ordinance No. 22-932 Page 10 of 77
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"Accessory living facility" means an area or structure on the subject property, which is accessory
to a permitted use on a commercial subject property, providing provisions for living, cooking,
sleeping and sanitation for an employee on the subject property and that employee's family, or
for the business owner/operator and that person's family.
"Active uses" means uses that by their very nature generate activity, and thus opportunities for
natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
"Adjoining" means property that touches or is directly across a street from the subject property.
For the purpose of height regulations, any portion of a structure which is 100 feet or more from a
low density zone is not considered to be adjoining that zone.
"Administrator" for the purpose of sign regulations means the director or his/her designated
representative.
Ordinance No. 22-932 Page 11 of 77
"Adult entertainment, activity, retail, or use" shall mean all of the following:
(1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas" (defined below) for
observation by patrons therein and which excludes minors by virtue of age.
(2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features
go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or
attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or
whose performances or other activities include or mimic "specified sexual activities" (defined in
FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean
any of the adult entertainment establishments as defined in FWRC 12.10.010.
(3) "Panorama" and "peepshow" shall mean as defined in FWRC 12.10.010.
(4) "Adult retail" shall mean a retail establishment which, for money or any other form of
consideration, either:
(a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or
provide for viewing, off the premises, any adult -oriented merchandise; or
(b) Provides, as its substantial stock -in -trade, for the sale, exchange, rental, loan, trade,
transfer, and/or viewing or use, off the premises, any adult -oriented merchandise.
Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted
in the zone where that term is specifically listed as an allowable use and only in conformance
to the requirements as stated for that use.
"Adult family home" means a residential home for which a person is licensed to provide
personal care, special care, room, and board to more than one, but not more than six, adults who
Ordinance No. 22-932 Page 12 of 77
are not related by blood or marriage to the person or persons providing the services. The number
of residents in an adult family home may be no more than the total of the residents being
provided services, plus a family that includes at least one service provider. Any limitation on the
number of residents resulting from this definition shall not be applied to the extent it would
prevent the city from making reasonable accommodations to disabled 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). This definition shall not be applied to the
extent that would cause a residential structure occupied by persons with handicaps, as defined in
the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar
residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080.
"Adult -oriented merchandise" shall mean any goods, products, commodities, or other wares,
including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters,
cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified
anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190).
"Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones. See definition of "urban agriculture."
"Air rights" means the right to control the use of the space above the surface of the ground.
"AKART" means "all known, available and reasonable methods of prevention, control and
treatment," and is the most current methodology that can be reasonably required for preventing,
controlling, or abating the pollutants associated with a point or nonpoint discharge. See also
"best management practices."
"Alluvium" means soil deposits transported by surface waters.
Animal Care Facility. See definition of "animal kennel."
Ordinance No. 22-932 Page 13 of 77
"Animal kennel" means any structure or premises in which animals are boarded (including day
care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales
of ancillary items, and related activities.
"Antique" or "collectible" means any article which, because of age, rarity, or historical
significance, has a monetary value greater than its original value, or which has an age recognized
by the United States government as entitling the article to an import duty less than that
prescribed for contemporary merchandise.
"Applicant" means a person who, whether personally or through an agent, seeks, requests, or
applies for any permit, approval, license, franchise, development proposal, or capacity reserve
certificate (CRC); a person who is the owner of property subject to this title, and a person who is
engaged, whether personally or through an agent, in development activity. "Applicant" includes
both the principal and any agent.
"Aquifer" means a geological formation that is capable of yielding a usable amount of fresh
water to a well or spring.
"Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building.
It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of
columns along its open side. There may be habitable space above the arcade.
"Architectural embellishments for sign regulations" means the aesthetic elements of the structure
that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other
elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the
structural elements surrounding or supporting the sign.
"Average building elevation (ABE)" means the average of the highest and lowest existing or
proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure,
Ordinance No. 22-932 Page 14 of 77
or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest.
ABE is the elevation from which building height is measured.
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"Average slope" means the average grade of land within each land area representing a distinct
topographical change.
"Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that
does not project above the adjacent parapet or roof of a supporting building.
Section 7. FWRC 19.05.040 is hereby amended to read as follows:
19.05.040 D definitions.
"Day care facility, commercial" means the temporary, nonresidential care of persons on a
recurring basis. See FWRC Title 19, Division VI, Zoning Regulations.
"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, as defined in this chapter, whether the substances are in
usable or waste condition, that have the potential to pose a significant groundwater hazard, or for
Ordinance No. 22-932 Page 15 of 77
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.
"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.
Ordinance No. 22-932 Page 16 of 77
"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
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 123 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.
Ordinance No. 22-932 Page 17 of 77
(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.
(8) "Dwelling unit, special needs housing" means housing not specifically defined by this title,
and which will be processed under the classification most closely related to the proposed use, as
determined by the director.
(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.
Ordinance No. 22-932 Page 18 of 77
(10) "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.
(11) "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.
(12) "Dwelling unit, permanent supportive housing and transitional housing" means housing that
combines low -barrier affordable housing, health care, and supportive services for individuals and
families experiencing homelessness or at imminent risk of homelessness and persons with a
disability that presents barriers to employment and housing stability. Permanent supportive
housing may prioritize people who need comprehensive support services to retain tenancy and
utilize admissions practices designed to use lower barriers to entry than would be typical for
other subsidized or unsubsidized rental housing. Permanent supportive housing has no limit on
length of stay, whereas transitional housing is typically no more than two years. Permanent
supportive housing is paired with on -site or off -site voluntary services.
(13) "Dwelling unit, Accessory dwelling unit (ADU)" means a dwelling unit that is accessory to
the primary dwelling unit located on the subject property, and which either:
(a) is a freestanding detached structure or part thereof, excluding outdoor storage containers
and similar structures used or designed to be used as living facilities; or,
Ordinance No. 22-932 Page 19 of 77
(b) has one or more vertical and/or horizontal walls in common with or attached to the
primary dwelling unit but is separate from the primary dwelling unit either because there is
no interior connection between the ADU and primary dwelling unit, or because any interior
connection between the ADU and primary dwelling unit is securable by lock from within the
ADU.
Section 8. FWRC 19.05.060 is hereby amended to read as follows:
19.05.060 F definitions.
"Facade" means the entire building front including the parapet.
"Family" means one or more individuals regardless of relatedness living in a residential
structure, so long as the individuals are the functional equivalent of a related family. Whether a
particular group of individuals living in a residential structure is the functional equivalent of a
related family is based on the following criteria:
(1) Whether the individuals act as separate roomers;
(2) Whether the individuals include minor, dependent children regularly residing in the
household;
(3) Whether expenses for food, rent or ownership costs, utilities, and other household expenses
are shared;
(4) Whether use of furniture and appliances is shared;
(5) Whether the individual's relationship constitutes a permanent living arrangement, or is
instead a framework for transient living;
(6) Whether occupants maintain a stable composition that does not change for year to year, or
within the year;
Ordinance No. 22-932 Page 20 of 77
(7) Whether the individuals are part of a society, fraternity, sorority, lodge, organization, or other
group of students or other individuals where the common living arrangement or basis for the
establishment of the common living arrangement is temporary and,
Whether there are anv other factors reasonably related to whether or not the group of
individuals is the functional equivalent of a family.„ individual; a r of not more than ve
"Family day care" means a business regularly providing care during part of the 24-hour day to 12
or fewer persons, including children and/or adults, and the children, if applicable, of the day care
provider, in the family abode of the person or persons under whose direct care those receiving
care are placed. Family day care includes family day care homes for children as defined by RCW
35.63.170 and in -home day care for adults. See FWRC 19.105.070.
"Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor)
market where farmers, producers, and other vendors sell whole produce; value-added agricultural
products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products;
shellfish and finfish; and other food -related products. Additionally, some vendors may sell non -
Ordinance No. 22-932 Page 21 of 77
food -related products and services. The majority of products for sale throughout the course of the
calendar year shall be food -related products, plants, flowers, and hand crafted arts and crafts
products as determined by the number of vendors selling said products. Entertainment and other
community activities may also be provided and are typically not considered to be market
vendors; however, these other activities shall be ancillary in nature and support the primary
purpose of providing a venue for farmers to sell fresh produce and other agricultural products.
"Farm stand" means a structure accessory to a community garden, urban farm, or cottage food
operation for the display and sale of vegetables or produce, flowers, orchard products, animal
products, locally produced packaged food products, and similar products grown or produced on
the general property on which the stand is located. See the definitions for "community gardens,"
"cottage food operation," and "urban farm."
"Fast food restaurant" means 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.
"Fence" means a manmade barrier or wall constructed for the purpose of enclosing space or
separating parcels of land.
"Festoons" means a string of ribbons, tinsel, small flags, or pinwheels.
"Fill" means depositions of earth materials by artificial means.
"Fill material" means dirt, rock, gravel, broken concrete, and similar substances used to change
the level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel
placed on the surface of the ground for gardening, landscaping, or ornamental purposes.
Ordinance No. 22-932 Page 22 of 77
"Finished grade" means the final contour of the land surface prior to landscaping.
"Fish and wildlife habitat conservation areas" means those areas necessary for maintaining
species in suitable habitats within their natural geographic distribution so that isolated
subpopulations are not created as designated by WAC 365-190-130. These areas include:
(1) Areas where endangered, threatened, and sensitive species have primary association;
(2) Habitats and species of local importance, as determined locally;
(3) Commercial and recreational shellfish areas;
(4) Kelp and eelgrass beds, herring, smelt, and other forage fish spawning areas;
(5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish
or wildlife habitat;
(6) Waters of the state;
(7) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
and
(8) State natural area preserves, natural resource conservation areas, and state wildlife areas.
"Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal,
emblem, or for decoration.
"Flag lot" or "panhandle lot" means a 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.
"Floor" means the horizontal surface inside a structure designed and intended for human use and
occupancy.
"Floor area" means the total area of a building floor plate in gross square feet.
Ordinance No. 22-932 Page 23 of 77
"Frontage of a property" means the length of the property line along any public right-of-way on
which it borders. "Frontage of a building" means the length of an outside building wall on a
public right-of-way.
Section 9. FWRC 19.05.130 is hereby amended to read as follows:
19.05.130 M definitions.
"Maintenance," for signs, means the cleaning, painting, and minor repair of a sign in a manner
that does not alter the basic design, size, height, or structure of the sign.
"Major transit stop" means a stop on a high capacit transportation system; commuter rail stops;
stops on rail or fixed guidewgy systems, including transitways; stops on bus rapid transit routes
or routes that run on high occupancy vehicle lanes; or, stops for a bus or other transit mode
providing actual fixed route service at intervals of at least fifteen minutes for at least five hours
during the peak hours of operation on weekdays.
"Manufactured home" means 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).
"Manufacturing and production" means the mechanical or chemical transformation of materials
or substances into new products, including the assembling of component parts, the creation of
products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing
and production is divided into the following categories:
(1) "Manufacturing and production, general," means establishments typically manufacturing and
producing for the wholesale market.
Ordinance No. 22-932 Page 24 of 77
(2) "Manufacturing and production, limited," means retail establishments engaged in the small-
scale manufacture, production, and on -site sales of custom goods and products. These uses are
distinguished from "manufacturing and production, general," by a predominant use of hand tools
or domestic mechanical equipment, limited number of employees, limited sales volume, limited
truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious
retail storefront with a public entrance that is in scale with the overall building and oriented to
the right-of-way. This category includes uses such as ceramic studios; candle -making shops;
custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized
orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances such
as bridges, dentures, and crowns; production of goods from finished materials such as wood,
metal, paper, glass, leather, and textiles; and production of specialized food products such as
caterers, bakeries, candy stores, micro -breweries, and beverage bottlers.
"Maximum lot coverage" means 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 FWRC 19.110.020 et seq. for further details.
"Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army
Corps of Engineers.
"Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones in
other jurisdictions.
"Micro -brewery," "micro -distillery," or "micro -winery" means a small-scale "brewery" limited
to production of less than 3,750 beer barrels per year (115,000 gallons), small-scale "distillery"
limited to production of less than 7,600 nine -liter cases per year (65,000 liters), or small-scale
"winery" limited to production of less than 3,000 cases per year (495 gallons), respectively.
Ordinance No. 22-932 Page 25 of 77
"Minor facility" means a wireless communication facility consisting of up to three antennas,
each of which is either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length.
A minor facility includes any associated equipment cabinet that is six feet or less in height and
no more than 48 square feet in floor area.
"Mixed -use building" means a building containing two or more different principal permitted
uses, as determined by the director, and which occupy separate tenant spaces.
"Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage
space for waterborne pleasure craft.
"Multiple -story building" means a building containing two or more floors of active permitted
use(s), and each upper floor area, excluding any storage, mechanical, and other similar
accessory, nonactive areas, contains at least 33 percent of the ground floor area.
"Multi -tenant complex" means a complex containing two or more uses or businesses.
"Multi -use complex" means 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 multi -use complex.
"Mural" means a design or representation that is painted or drawn on the exterior surface of a
structure and that does not advertise a business, product, service, or activity.
Section 10. FWRC 19.05.190 is hereby amended to read as follows:
19.05.190 S definitions.
Ordinance No. 22-932 Page 26 of 77
"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:
(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
Ordinance No. 22-932 Page 27 of 77
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
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 nonelectric 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.")
Ordinance No. 22-932 Page 28 of 77
F-1
// EEI -
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.
Figure 2 - Cabinet Sign
(9) "Canopy sign" means the same as "awning sign."
Ordinance No. 22-932 Page 29 of 77
(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).
(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.
Ordinance No. 22-932 Page 30 of 77
(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."
Figure 3 - Freestanding Sign
(18) "Fuel price sign" means a sign displaying the price of fuel for motorized vehicles.
(19) "Ground -mounted sign" means a pedestal sign, pole sign, pylon sign, 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.
Ordinance No. 22-932 Page 31 of 77
(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.
(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).
(31) "Nameplate" means a nonelectric, on -premises identification sign giving only the name,
address, and/or occupation of an occupant or group of occupants of the building.
Ordinance No. 22-932 Page 32 of 77
(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
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
Ordinance No. 22-932 Page 33 of 77
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.
(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.
Ordinance No. 22-932 Page 34 of 77
M�
M M
Figure 4 - Projecting Sign
(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.
(51) "Time and temperature sign" means any sign that displays the current time and temperature,
without any commercial message.
Ordinance No. 22-932 Page 35 of 77
(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.
(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.
Ordinance No. 22-932 Page 36 of 77
G+r+o+c+e+ray = Sign Arse
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VIDEO
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a x ( b+c+d+e ) - Sign Area
Figure S - 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.
Ordinance No. 22-932 Page 37 of 77
•.•
"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.
"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.
"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;
Ordinance No. 22-932 Page 38 of 77
(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.
"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. I.n 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
Ordinance No. 22-932 Page 39 of 77
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 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
Ordinance No. 22-932 Page 40 of 77
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.
"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.
Ordinance No. 22-932 Page 41 of 77
"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.
(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 19.55.010 is hereby amended to read as follows:
19.55.010 Process I generally.
Various places in the Code indicate that certain developments, activities, or uses are permitted
only if approved using process I. This chapter describes process I. Any process I application not
categorically exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be
Ordinance No. 22-932 Page 42 of 77
reviewed pursuant to process III of this title. Under process I, the director is authorized to make
administrative decisions based on certain criteria as set forth in this chapter or title. Any appeals
of the director's decision will be decided by the hearing examiner after anappeal pub4e hearing.
Section 12. FWRC 19.60.010 is hereby amended to read as follows:
19.60.010 Process II generally.
Various places in the Code indicate that certain developments, activities or uses are permitted
only if approved using process II. This chapter describes process II.
All commercial, office and industrial development applications subject to the provisions of this
chapter, including applications for remodeling and expansion of an existing use, shall also meet
the requirements of Chapter 19.115 FWRC, Community Design Guidelines. Process II
applications are exempt from the procedural requirements set forth in RCW 36.7013.060 and
36.70B.I10 through 36.70B.130. Any process II application not categorically exempt from the
State Environmental Policy Act, Chapter 43.21C RCW, shall be reviewed pursuant to process III
of this title. If the development, activity, or use that requires approval through process II is part
of a proposal that also requires approval through process IV, the entire proposal will be decided
upon using process IV, if the director determines that this will result in more efficient decision
making.
Under process II, the director Willis authorized to make the vial- land use decision
deeisio o the eemmunivy design guidelines. Any appeals of either he director's decision will
be decided by the hearing examiner after an appeal pub4e hearing.
Section 13. FWRC 19.65.010 is hereby amended to read as follows:
19.65.010 Process III generally.
Ordinance No. 22-932 Page 43 of 77
Various places in the Code indicate that certain developments, activities or uses are permitted
only if approved using process III. This chapter describes process III.
All commercial, office, industrial, institutional, and multifamily development applications
subject to the provisions of this chapter, including applications for remodeling and expansion of
an existing use, shall also meet the requirements of Chapter 19.115 FWRC, Community Design
Guidelines. If the development, activity, or use that requires approval through process III is part
of a proposal that also requires approval through process IV, the entire proposal will be decided
upon using process IV, if the director determines that this will result in more efficient decision
making.
Under process III, the director -is authorized to make the eland use decision
. MORE gees .
appeals of either -the director's decision will be decided by the hearing examiner after an appeal
p44ie-hearing.
Section 14. FWRC 19.70.010 is hereby amended to read as follows:
19.70.010 Administration.
Various places in the Code indicate that certain developments, activities or uses are permitted
only if approved using process IV. Certain appeals of agency decisions are also governed by
process IV. This chapter describes process IV.
.
��.- i_..................:♦y..: \�A�.l:.�..�....1_A%:..: /���'I l.:�: /� �ATI.�.. _.�Si J
be deeided at the same time as and in conjunetion with the preeess Al fevie All applications for
Ordinance No. 22-932 Page 44 of 77
commercial, office, industrial, institutional, and multi -family residential development, including
applications for remodeling and expansion of an existing use, shall meet the requirements of
Chapter 19.115 FWRC, Community Design Guidelines. If the development, use or activity that
requires approval through process II or III is part of a proposal that also requires approval
through process IV, the entire proposal will be decided upon using process IV, if the director
determines that will result in more efficient decision making.
Under process IV the hearing examiner will make the final decision following a public hearing.
Section 15. FWRC 19.70.100 is hereby amended to read as follows:
19.70.100 Public hHearing.
(1) Generally. The hearing examiner shall hold a hearing on each application that is open to the
public. The hearing examiner shall make a complete electronic sound recording of each public
hearing.
(2) Participation. Any person may participate in a public hearing under this process, except those
involving agency decision appeals. Only }�seperseaei-A.-e-parties to the appeal may
participate in the appeal hearing. Participation in a public hearing is accomplished through either
or both of the following ways:
(a) By submitting written comments to the hearing examiner, either by delivering these
comments to the department prior to the hearing or by giving these directly to the hearing
examiner at the hearing.
(b) By appearing in person, or through a representative, at the hearing and making oral
comments directly to the hearing examiner. The hearing examiner may reasonably limit the
extent of oral comments to facilitate the orderly and timely conduct of the hearing.
Ordinance No. 22-932 Page 45 of 77
(3) Continuation. The hearing examiner may continue the hearing if, for any reason, he or she is
unable to hear all of the public comments on the matter or if the hearing examiner determines
that he or she needs more information on the matter. If, during the hearing, the hearing examiner
announces the time and place of the next hearing on the matter and a notice thereof is posted on
the door of the hearing room, no further notice of that hearing need be given.
Section 16. FWRC 19.70.120 is hereby amended to read as follows:
19.70.120 Burden of proof.
The applicant has the responsibility of persuading the hearing examiner by a preponderance of
the evidence that, under the provisions of this chapter, the applicant is entitled to the requested
decision. The hearing examiner may take notice of (1) any judicially cognizable facts, (2)
technical or scientific facts within the agency's specialized knowledge, and (3) codes or
standards that have been adopted by an agency of the United States, of this state or of another
state, or by a nationally recognized organization or association. The hearing examiner shall give
great deference to the agency's interpretation of its own properly promulgated regulations,
recommendations on community design guidelines (19.115 FWRC), matters within its expertise,
and procedural determinations.
Section 17. FWRC 19.80.050 is hereby amended to read as follows:
19.80.050 City council review.
(1) Docketed proposals, planning commission recommendation. Prior to city council review, the
planningL commission shall review the docket at a public meeting and shall forward a
recommendation to the city council on the prioritized docket.
(2) Docketed proposals, city council. The city council shall review docketed proposals
concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such
Ordinance No. 22-932 Page 46 of 77
annual review, the council shall review and prioritize docketed proposals received prior to
September 30th of the previous calendar year according to FWRC 19.80.080 and shall fully
consider the recommendation on the docketed items rendered bye planning commission.
Docketed proposals submitted after September 30th shall be considered during the following
annual review.
Docketed proposals. The city council shall review docketed proposals concurrently, on an annual
basis and consistent with RCW 3 6.70A. 13 0(2). As part of such annual review, the council shall
review and prioritize docketed proposals received prior to September 30th of the previous
calendar year according to FWRC 19.80.080. Docketed proposals submitted after September
30th shall be considered during the following annual review.
(23) Other amendments. The city -initiated amendments of the comprehensive plan shall be
reviewed concurrently with docketed proposals. The city council may also review or amend the
comprehensive plan:
(a) If an emergency exists, which is defined as an issue of community -wide significance that
promotes the public health, safety, and general welfare;
(b) To resolve an appeal of a comprehensive plan filed with a growth management hearings
board or with the court;
(c) To adopt or amend a shoreline master program under the procedures set forth in Chapter
90.58 RCW;
(d) The initial adoption of a subarea plan that does not modify the comprehensive plan
policies and designations applicable to the subarea;
Ordinance No. 22-932 Page 47 of 77
(e) The amendment of the capital facilities element of the comprehensive plan that occurs
concurrently with the adoption or amendment of the city budget. The city council will hold
the public hearing on this matter rather than the planning commission; and
(f) In other circumstances as provided for by RCW 36.70A. I 30(2)(a).
The city council may review city -initiated changes to development regulations or to the city's
zoning map concurrently with the docketed proposals or at the council's discretion.
(34) Additional information. The city council may request, through the mayor, that the
department or any other department of the city provide any information or material on a
proposal(s), consistent with FWRC 19.80.160.
Section 18. FWRC 19.80.080 is hereby amended to read as follows:
19.80.080 Prioritizing docketed proposals.
(1) Prior to adopting any docketed proposals, the eity-eoune-ilplanning commission shall hold a
eeunei4-up blic meeting and will seleet-recommend to the city council those docketed proposals it
wishes to further consider for adoption and for staff to research and evaluate further.
(2) The eity eouneilplanning commission shall consider the following criteria in selecting the
docketed proposals to be considered during the upcoming cycle:
(a) Whether the same area or issue was studied during the last amendment process and
conditions have significantly changed so as to make the requested change within the public
interest.
(b) Whether the proposed amendment is consistent with the overall vision of the
comprehensive plan.
(c) Whether the proposed amendment meets existing state and loe:n'_-- laws, his
consistent with the Planning Goals of the Growth Management Act RCW 36.70A.020.
Ordinance No. 22-932 Page 48 of 77
(d) In the case of text amendments or other amendments to goals and policies, whether the
request benefits the city as a whole versus a selected group.
(3) If the request meets the criteria set forth in subsections (2)(a) through (d) of this section, it
shall be further evaluated according to the following criteria:
(a) Whether the proposed amendment can be incorporated into planned or active projects.
(b) Whether the proposal can be reasonably reviewed as part of the annual amendment
process and the city has staffing resources available to accomplish such review.Amount
(c) Volume of requests received. A large volume of requests may necessitate that some
requests be reviewed in a subsequent year.
(d) Order of requests received.
(4) Based on its-Lhe_planning commission's review of the docketed proposals according to the
criteria in subsections (2) and (3) of this section and the recommendation provided, the council
shall determine which docketed proposals will be further considered f6f tion, and shall
forward those selected proposals to the planning commission for its further review and
recommendation to council.
(5) The council's decision to consider a docketed proposal shall not constitute a decision or
recommendation that the proposal should be adopted nor does it preclude later council action to
add or delete an amendment for consideration.
Ordinance No. 22-932 Page 49 of 77
Section 19. FWRC 19.80.170 is hereby amended to read as follows:
19.80.170 Notice.
Notice provisions under this section shall be followed for the ^'planning commission
meeting during which the docketed proposals are reviewed and prioritized b the eity couneil as
well as the public hearings held by the planning commission and/or city council.
(1) Contents. The director shall prepare a notice of each proposal, faf .,,high a public hear;,,g will
be field, containing the following information:
(a) The citation, if any, of the provision that would be changed by the proposal along with a
brief description of that provision.
(b) A statement of how the proposal would change the affected provision.
(c) A statement of what areas, comprehensive plan designations, zones, or locations will be
directly affected or changed by the proposal.
(d) The date, time, and place of the meeting or public hearing.
(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 planning
commission and to appear at the public hearing of the planning commission and/or city
council to give comments orally.
(2) Distribution. The director shall distribute this notice at least 14 calendar days before the eity
ee�splanning commission's docket prioritization meeting and at least 14 calendar days
before all public hearings following the procedures of FWRC 19.80.060. In addition, the
procedures of FWRC 19.75.060 shall be followed for site -specific requests regarding notification
of adjacent property owners posting of the site.
Ordinance No. 22-932 Page 50 of 77
Section 20. FWRC 19.115.090 is hereby amended to read as follows:
19.115.090 District guidelines.
In addition to the foregoing development guidelines, the following supplemental guidelines
apply to individual zoning districts:
(1) Professional office (PO), neighborhood business (BN), and community business (BC).
(a) Surface parking may be located behind the building, to the side(s) of the building, or
adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-
way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4).
(b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way;
and shall incorporate windows and other methods of articulation.
(c) Building entrances shall be architecturally emphasized and shall incorporate transparent
glass.
(d) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context -sensitive amount and combination,
considering the scale of the retail use(s) and entrance(s) to the overall building or
development, and the proximity and access to other existing plaza or streetscape features.
(e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of-way
or pedestrian area.
(f) If utilized, chain -link fences visible from public rights -of --way or adjacent properties, and
not screened by Type I landscaping as defined by Chapter 19.125 FWRC, shall utilize vinyl -
coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole
caps and/or decorative grid pattern.
Ordinance No. 22-932 Page 51 of 77
For residential uses only:
(g) Landscaped yards shall be provided between building(s) and public street(s). Parking lots
should be beside or behind buildings that front upon streets.
(h) Parking lots should be broken up into rows containing no more than 10 adjacent stalls,
separated by planting areas.
(i) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of
the project and the public sidewalk.
0) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields.
E
Figure 16 - FWRC 19.115.0900)
(k) Principal entries to buildings shall be highlighted with plaza or garden areas containing
planting, lighting, seating, trellises and other features. Such areas shall be located and
designed so windows overlook them.
Figure 17 - FWRC 19.115.090(1)
Ordinance No. 22-932 Page 52 of 77
(1) Common recreational spaces shall be located and arranged so that windows overlook
them.
Figure 18 - FWRC 19.115.090(1)
(m) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to
them so those exterior portions of the site are controlled by individual households.
Figure 19 - FWRC 19.115.090(1)
(n) All new buildings, including accessory buildings such as carports and garages in PO and
BN zones only, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of
12:12.
Figure 20 - FWRC 19.115.090(1)
(o) Carports and garages in front yards should be discouraged.
Ordinance No. 22-932 Page 53 of 77
(p) Building facades that exceed 120 feet in length and are visible from an adjacent
residential zone, right-of-way, public park, or recreation area shall incorporate a significant
structural modulation (offset). The minimum depth of the modulation shall be approximately
equal to 10 percent of the total length of the subject facade and the minimum width shall be
approximately twice the minimum depth. The modulation shall be integral to the building
structure from base to roofline.
(q) Buildings should be designed to have a distinct base, middle and top. The base (typically
the first floor) should contain the greatest number of architectural elements such as windows,
materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by
comparison, may be simple. (Note: single -story buildings have no middle.) The top should
avoid the appearance of a flat roof and include distinctive roof shapes including but not
limited to pitched, vaulted or terraced, etc.
Figure 21 - FWRC 19.115.090(1)
(r) Residential design features, including but not limited to entry porches, projecting window
bays, balconies or decks, individual windows (rather than strip windows), offsets and
cascading or stepped roof forms, shall be incorporated into all buildings. Window openings
shall have visible trim material or painted detailing that resembles trim.
(s) Subsection (1)(n) of this section shall apply to self-service storage facilities.
Ordinance No. 22-932 Page 54 of 77
(2) Office park (OP), corporate r,,f Grp`, and commercial enterprise (CE).
(a) Surface parking may be located behind the building, to the side(s) of the building, or
adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-
way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4).
(b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way.
(c) Building entrances shall be architecturally emphasized and shall incorporate transparent
glass.
(d) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context_sensitive amount and combination,
considering the scale of the retail use(s) and entrance(s) to the overall building or
development, and the proximity and accessibility from the building to other existing plaza or
streetscape features.
(e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of-way
or pedestrian area.
(f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and
not screened by Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl -
coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole
caps and/or decorative grid pattern.
For non -single-family residential uses only:
(g) Subsections (1)(g) through (r) of this section shall apply.
(3) City center core (CC-C) and city center frame (CC-F).
Ordinance No. 22-932 Page 55 of 77
(a) The city center core and frame contain transitional forms of development with surface
parking areas. However, as new development or redevelopment occurs, the visual dominance
of surface parking areas shall be eliminated or reduced.
Therefore, parking shall be located behind building(s), with building(s) located between
rights -of -way and the parking area(s), or in structured parking, and any parking located along
a right-of-way is subject to the following criteria:
(i) In the city center core, surface parking and driving areas may not occupy more than 25
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as
determined by the director.
(ii) In the city center frame, surface parking and driving areas may not occupy more than
40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as
determined by the director.
(iii) A greater amount of parking and driving area than is specified in subsections (3)(a)(i)
and (ii) of this section may be located along other rights -of -way; provided, that the
parking is not the predominant use along such right-of-way, as determined by the
director.
(b) Principal entrance facades shall front on, face, or be clearly recognizable from the right-
of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for
projects exposed to more than one right-of-way.
(c) Building facades shall incorporate a combination of facade treatment options as listed in
FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale,
design, and site context, and according to the following guidelines:
Ordinance No. 22-932 Page 56 of 77
(i) Principal facades containing a major entrance, or located along a right-of-way, or
clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of
pedestrian -oriented architectural treatments, including distinctive and prominent entrance
features; transparent glass such as windows, doors, or window displays in and adjacent to
major entrances; structural modulation where appropriate to break down building bulk
and scale; modulated rooflines, forms, and heights; architectural articulation; canopies;
arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40
percent of any ground level principal facade located along a right-of-way must contain
transparent glass. Landscaping shall be used to define and highlight building entrances,
plazas, windows, walkways, and open space, and may include container gardens, wall
and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and
shrubs, and rooftop gardens. Landscaping should not block views to the building or
across the site. Foundation landscaping may be used to enhance but not replace
architectural treatments.
(ii) Secondary facades not containing a major building entrance, or located along a right-
of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade
treatments that are less pedestrian -oriented than in subsection (3)(c)(i) of this section,
such as a combination of structural modulation, architectural articulation, and foundation
landscaping.
(iii) Principal facades of single -story buildings with more than 16,000 square feet of gross
ground floor area shall emphasize facade treatments that reduce the overall appearance of
bulk and achieve a human scale. This may be accomplished through such design
Ordinance No. 22-932 Page 57 of 77
techniques as a series of distinctive entrance modules or "storefronts" framed by
projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance.
(d) Pedestrian pathways shall be provided from rights -of -way, bus stops, parking areas, and
any pedestrian plazas and public space to primary building entrances. Where a use fronts
more than one right-of-way, pedestrian access shall be provided from both rights -of -way, or
from the right-of-way nearest to the principal building entrance. Multiple -tenant complexes
shall provide pedestrian walkways connecting all major business entrances on the site.
Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in
color and texture, and shall be integrated with the landscape plan. Principal cross -site
pedestrian pathways shall have a minimum clear width of six feet in the city center frame,
and a minimum clear width of eight feet in the city center core, and shall be protected from
abutting parking and vehicular circulation areas with landscaping.
(e) Drive -through facilities and stacking lanes shall not be located along, or in conjunction
with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or
pedestrian plaza. Such facilities shall be located along other, secondary facades, as
determined by the director, and shall meet the separation, screening, and design standards
listed in FWRC 19.115.050(7)(b)(ii), (iii), and (iv).
(f) Above -grade parking structures with a ground level facade visible from a right-of-way
shall incorporate any combination of the following elements at the ground level:
(i) Retail, commercial, or office uses that occupy at least 50 percent of the building's
lineal frontage along the right-of-way; or
(ii) A 15-foot-wide strip of Type III landscaping along the base of the facade; or
Ordinance No. 22-932 Page 58 of 77
(iii) A decorative grille or screen that conceals interior parking areas from the right-of-
way.
(g) Facades of parking structures shall be articulated above the ground level pursuant to
FWRC 19.115.060(3)(a).
(h) When curtain wall glass and steel systems are used to enclose a building, the glazing
panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way
or pedestrian area.
(i) Chain -link fences shall not be allowed. Barbed or razor wire shall not be used.
0) For residential uses, subsections (1)(g) through 0), (1), (m), (o), (q), and (r) of this section
shall apply.
(4) For all residential zones.
(a) Nonresidential uses. Subsections (1)(g) through (k) and (n) through (r) of this section
shall apply.
(b) Non -single-family residential uses except for zero lot line townhouse residential uses and
attached dwelling units. Subsections (1)(g) through (r) of this section shall apply.
(c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)0),
(1) through (o), and (r) of this section shall apply.
Section 21. FWRC 19.125.060 is hereby amended to read as follows:
19.125.060 Landscaping requirements by zoning district.
(1) Suburban Estates, SE.
(a) Type III landscaping 10 feet in width shall be provided along all property lines of
nonresidential uses in the SE zoning district, except as provided in FWRC 19.125.070.
(2) Single -Family Residential, RS.
Ordinance No. 22-932 Page 59 of 77
(a) Type III landscaping 10 feet in width shall be provided along all property lines of
nonresidential uses in the RS zoning districts, except as provided in FWRC 19.125.070.
(3) Multifamily Residential, RM.
(a) Type III landscaping 20 feet in width shall be provided along all public rights -of -way and
ingress/egress easements, except for zero lot line townhouse and small lot detached
development, which shall be required to provide Type III landscaping 10 feet in width along
all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be credited to
the common open space requirement.
(b) Type II landscaping 20 feet in width shall be provided along the common boundary
abutting single-family zoning districts, except for zero lot line townhouse and small lot
detached development.
(c) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines,
except as noted in subsections (3)(a) and (b) of this section and except for zero lot line
townhouse and small lot detached development.
(4) Professional Office, PO.
(a) Type III landscaping eight feet in width shall be provided along all property lines abutting
public rights -of -way and access easements.
(b) Type I landscaping 10 feet in width shall be provided along all perimeter property lines
abutting a residential zoning district except for schools which shall provide 10 feet of Type
II.
(c) Type III landscaping five feet in width shall be provided along all perimeter lot lines,
except as noted in subsections (4)(a) and (b) of this section.
(5) Neighborhood Business, BN.
Ordinance No. 22-932 Page 60 of 77
(a) Type III landscaping five feet in width shall be provided along all properties abutting
public rights -of -way and ingress/egress easements.
(b) Type I landscaping 15 feet in width shall be provided along the perimeter of property
abutting a residential zoning district.
(c) Type III landscaping five feet in width along all perimeter lot lines except as noted in
subsections (5)(a) and (b) of this section.
(6) Community Business, BC.
(a) Type III landscaping five feet in width shall be provided along all properties abutting
public rights -of -way and ingress/egress easements.
(b) Type I landscaping 15 feet in width shall be provided along the perimeter of property
abutting a residential zoning district.
(c) Type III landscaping five feet in width shall be provided along all perimeter lot lines
except as noted in subsections (6)(a) and (b) of this section.
(7) City Center, CC.
(a) Type III landscaping five feet in width shall be provided along the perimeter of parking
areas abutting public rights -of -way.
(b) Type I landscaping 15 feet in width shall be provided along the perimeter of property
abutting a residential zoning district.
(c) Type III landscaping five feet in width shall be provided along all perimeter lot lines
except as noted in subsections (7)(a) and (b) of this section, except that landscaping is not
required along perimeter lot lines abutting rights -of -way, where no required yards apply
pursuant to Chapter 19.225 FWRC.
(8) Office Park, OP; ead Corporate Park, C-4.
Ordinance No. 22-932 Page 61 of 77
(a) Type III landscaping 10 feet in width shall be provided along all property lines abutting
public rights -of -way and access easements.
(b) Type I landscaping 15 feet in width shall be provided along the perimeter of property
abutting a residential zoning district.
(c) Type III landscaping five feet in width shall be provided along all perimeter lot lines,
except as noted in subsections (8)(a) and (b) of this section.
(9) Commercial Enterprise, CE.
(a) Type III landscaping five feet in width shall be provided along all property lines abutting
public rights -of -way and access easements, except industrial uses shall provide Type II
landscaping 10 feet in width along such property lines.
(b) Type I landscaping 15 feet in width shall be provided along the perimeter of the property
abutting a residential zoning district, except industrial uses shall provide Type I landscaping
25 feet in width along such property lines.
(c) Type III landscaping five feet in width shall be provided along the perimeter of the
property abutting a nonresidential zoning district, except industrial uses shall provide Type II
landscaping 10 feet in width along such property lines.
Section 22. FWRC 19.125.130 is hereby amended to read as follows:
19.125.130 Electrified fences.
Electrified fences are not permitted in the eity, except to cerftain large demestie animalsas
specifically permitted by this Chapter. All electric fences and appliances, equipment and
materials used in connection with an electrified fence must be listed or labeled by a qualified
testing agency and shall be installed in accordance with manufacturer's specifications. All
electric fences shall be posted with permanent signs, which are a minimum of 36 square inches
Ordinance No. 22-932 Page 62 of 77
in area, at intervals of 15 feet along the fence stating that the fence is electrified. The permitted
location of and standards for electrified fences are is -as follows:
(1) Electrified fences separating agricultural uses and intended to contain large domestic animals
may be located anywhere on the subject property, including on the property line.
(2) Electrified fences in the Commercial Enterprise (CE) zone are permitted only in conjunction
with the following uses: Manufacturing and production, general, Warehouse — Distribution —
Storage facilities — Truck stops — Automotive emissions testing facilities; Hazardous waste
treatment and storage, Chemical manufacturing — Gravel batch plant — Transfer station; Vehicle,
boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage
— Tow and taxi lots; Public utility; and, Government facilities, public parks, public transit shelter.
(3) Electrified fences are permitted in all zones in conjunction with Governmental facility
(24) Other than as stated in subsection (1) of this section, an electrified fence must meet the
following requirements, or equivalent standards, as determined by the director:
(albe located at least 486 inches inside of another wood fence or solid wall at least 6 feet in
hei ht if the electrified fence is within 20 feet of any property linez-
(b) be no taller than ten (10) feet in height;
(c) be constructed or installed in conformance with industry standards;
(c) be energized not to exceed 12 volts DC; and,
(d) provides safe access for emergency responders.
Section 23. FWRC 19.195.180 is hereby amended to read as follows:
19.195.180 Accessory dwelling units.
The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations
and notes set forth in this section:
Ordinance No. 22-932 Page 63 of 77
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
ZnAF.
Required Yards
Required
Required
SE
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
Lot
Coverage
Height of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
8 b
I
INOTES
Accessory dwelling
None
See
30
10
10
See
30 ft.
1
1. An accessory dwelling unit
unit (ADU) in
note
ft.
ft.
ft.
note 2
above
parking
(ADU) shall meet the definition
single-family
1
average
space
outlined in FWRC 19.05,010.
residences
building
Minimum lot size for ADUs is
elevation
0
based upon the minimum lot
within
size for the existing primary
1/4 mile
dwelling unit as set forth in
of
FWRC 19.195.010.
maior
2.Only one ADU may be created
transit
per subject property. The ADU,
stop
accessory structures and the
primary dwelling unit together
See
shall not exceed the maximum
note 13
lot coverage prescribed in
FWRC 19,195.010,
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
Chapter 19.125 FWRC, Outdoors,
Ordinance No. 22-932 Page 64 of 77
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
Required
Required
�E
Review
Lot
Lot
Height of
Parking
Process
Size
Front
Side
Rear
Coverage
Structure
Spaces
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND
NOTES
Yards, and Landscaping, for
appropriate requirements.
S. FWRC 19.265.010 contains
regulations regarding home
occupations and other accessory
uses, facilities and activities
associated with this use. Home
occupations are not allowed in
an ADU.
6. 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.
7. The property owner, must
reside in either the primary
dwelling unit or ADU for six
months or more of each
calendar year, and at no time
receive rent or other
compensation for the owner -
occupied unit.
8. The ADU, excluding any
garage, workshop and similar
nonliving areas, shall contain
between 300 — 800 sq. ft., but
shall not exceed 40% of the sq.
ft. of the primary dwelling unit,
excluding garage, workshop and
similar nonliving areas. The unit
shall have no more than two
bedrooms.
heusekeeping :t
F
are ADIJ.
4Q9. Application for an ADU
permit shall be made to the
department of community
development services in
accordance with the permit
procedures adopted by the
Ordinance No. 22-932 Page 65 of 77
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
ZOtVF.
Required Yards
Required
Required
SC+
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rea
Lot
Coverage
Height of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
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 ADUs
registration may be
accomplished by the owner
filing a letter with the
department of community
development services for
recording at the department of
records and elections, or may
occur as a result of an
enforcement action.
14-0. For sign requirements that
apply to the project, see
Chapter 19.140 FWRC.
121. ADUs are not permitted on
cluster subdivision lots under
FWRC 18.55.040(7).
1-32. For provisions that relate to
the keeping of animals, see
Chapter 19.260 FWRC,
13. The director may require the
provision of 1 off-street parking
space for an accessory dwelling
unit located within one -quarter
mile of a major transit stop if the
director has determined the
accessory dwelling unit is
Ordinance No. 22-932 Page 66 of 77
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
ZONE
Required
Yards
Required
Required
SC+
Review
Lot
Lot
Height of
Parking
Process
Size
Front
Side
Rear
Coverage
Structure
Spaces
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND
NOTES
located in an area without
access to available street
parking within 800 feet of the
property.
Eparking
For other information about
Process I, II, III and IV are described in
and parking areas, see
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.130 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
(Ord. No. 10-651, § 3, 4-6-10; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 01-381, § 3, 1-16-01; Ord. No. 97-291, § 3, 4-1-
97; Ord. No. 95-245, § 3(c), 11-21-95. Code 2001 § 22-613.)
Section 24. FWRC 19.200.180 is hereby amended to read as follows:
19.200.180 Accessory dwelling units.
The following uses shall be permitted in the single-family residential (RS) zone subject to the
regulations and notes set forth in this section:
Ordinance No. 22-932 Page 67 of 77
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
ZONE
Required Yards
Required
Required
R
Review
Lot
Lot
Height of
Parking
Process
Size
Front
Side
Rea
Coverage
Structure
Spaces
USE REGULATIONS
(each}
SPECIAL REGULATIONS AND
f p
NOTES
Accessory dwelling
None
See
In RS
35.0
See
30 ft.
1
1. An accessory dwelling unit
unit (ADU) in
note
zones:
note 2
above
parking
(ADU) shall meet the definition
single-family
1
average
space
outlined in FWRC 19.05.010.
20
10
10
residences
building
Minimum lot size for ADUs is
ft
ft
ft
elevation
0
based upon the minimum lot
Otherwise:
within
size for the existing primary
'/a mile
dwelling unit as set forth in
of
20
See
5
FWRC 19.200.010.
ft,
note
ft.
major
2. Only one ADU may be created
4
transit
per subject property. The ADU,
stop
accessory structures and the
primary dwelling unit together
See
shall not exceed the maximum
note 14
lot coverage prescribed in
FWRC 19.200.010, 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%.
f. See FWRC 19.110.020(2)(b)
for calculation of lot coverage
for flag lots.
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 Housinq Code.
Ordinance No. 22-932 Page 68 of 77
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
ZONE
Required
Yards
Required
Required
RS
Review
Lot
Lot
Height of
Parking
Process
Site
Front
Side
Rear
Coverage
Structure
Spaces
USE REGULATIONS
(each)
�
SPECIAL REGULATIONS AND
J 0
NOTES
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. Side yard setback for a comer
lot for that portion of the lot not
adjacent to the primary
vehicular access is 10 feet,
otherwise five feet.
5. Refer to
Chapter 19.125 FWRC,
Outdoors, Yards, and
Landscaping, for appropriate
requirements.
6. FWRC 19.265.010 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 six
months or more of each
calendar year, and at no time
receive rent or other
compensation for the owner -
occupied unit.
9. The ADU, excluding any
garage, workshop and similar
nonliving areas, shall contain
between 300 — 800 sq. ft., but
shall not exceed 40% of the sq.
ft. of the primary dwelling unit,
excluding any garage, workshop
Ordinance No. 22-932 Page 69 of 77
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
ZONE
Required Yards
Required
Required
R S
Review
Lot
Lot
Height of
Parking
Process
Size
Front
Side
Rear
Coverage
Structure
Spaces
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND
f p
NOTES
and similar nonliving areas. The
unit shall have no more than two
bedrooms.
A 6L
104. 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 I. ng 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
ADUs registration may be
accomplished by the owner filing a
letter with the department of
community development services
for recording at the department of
records and elections, or may occur
as a result of an enforcement
action.
112. For sign requirements that
apply to the project, see
Chapter 19.140 FWRC.
12-3. ADUs are not permitted on
cluster subdivision lots under
FWRC 18.55.040(7) or within
cottage housing under
Chapter 19.250 FWRC.
Ordinance No. 22-932 Page 70 of 77
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use— , THEN, across for REGULATIONS
Minimums Maximums
Required Yards ZONE
Required Required RS
Review Lot Side Lot Height of Parking
(each) Process Size Front (eac Rear Coverage Structure Spaces
SE REGULATION (h) SPECIAL REGULATIONS AND
f p NOTES
Process 1, 11, III and IV are described in
Chapter 1955 FWRC,
Chapter 1960 FWRC,
Chapter 1965 FWRC,
Chapter 1970 FWRC respectively.
134. For provisions that relate to
the keeping of animals, see
Chapter 19.260 FWRC.
14. The director may require the
provision of 1 off-street parking
space for an accessory dwelling
unit located within one -quarter
mile of a major transit stop if the
director has determined the
accessory dwelling unit is located
in an area without access to
available street parking within 800
feet of the property.
For other information about
parking and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this
height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et seq.
(Ord. No. 10-651, § 4, 4-6-10; Ord. No. 07-545, § 3(E4 A), 1-2-07; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 01-381, § 3,
1-16-01; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 95-245, § 3(d), 11-21-95. Code 2001 § 22-648.)
Section 25. FWRC 19.260.055 is hereby amended to read as follows:
19.260.055 Chickens and ducks.
This section allows limited numbers of chickens and ducks for residential lots containing less
than 35,000 square feet subject to the following regulations:
(1) Number of animals permitted. Any combination of four chickens and/or ducks may be kept
on lots up to 34,999 square feet. Regulations associated with small domestic animals set forth in
FWRC 19.260.060 apply to lots 35,000 square feet and greater.
Ordinance No. 22-932 Page 71 of 77
(2) Pens, structures and enclosures. A suitable pen, structure or enclosure to house the animals
shall be provided per designs appr-eved by the airee*er and maintained in a clean condition at all
times. All pens, structures and enclosures shall be set back a minimum of 10 feet from side and
rear property lines and are not permitted in the area between the primary dwelling unit and the
front property line.
(3) Roosters. Roosters are not permitted within the city except for those lots zoned suburban
and
Section 26. FWRC 19.260.060 is hereby amended to read as follows:
19.260.060 Small domestic animals.
Small domestic animals, as that term is defined in this chapter, may be kept on the subject
property subject to the following regulations:
(1) Minimum lot size. The subject property must be at least 35,000 square feet in area.
Ordinance No. 22-932 Page 72 of 77
(2) Maximum number of animals. No more than 20 small domestic animals may be kept on a lot
containing 35,000 square feet of area. With the exception of chickens and ducks, one additional
small domestic animal is permitted for each additional 500 square feet of lot area. In addition,
offspring from one female are permitted at any time, until those offspring are able to live
independently.
(3) Pens, structures and enclosures. The applicant shall provide a suitable pen, structure or
enclosure to house the animals and must maintain this structure, pen or enclosure in a clean
condition at all times. Ene sures for chickens and ducks shall be r ided per designs appfoved
19.260.05 5 pens, structures and enclosures must be set back at least 40 feet from each
property line.
(4) Limitations under certain circumstances. The city may limit the number of animals allowed
to less than the maximum stated in this section if this is reasonably necessary to protect nearby
uses or the city considering the following factors:
(a) The proximity of the'animals to dwelling units both on and off the subject property.
(b) The lot size and isolation of the subject property.
(c) The compatibility with surrounding uses.
(d) Potential noise, pollution and other impacts.
Section 27. FWRC 19.265.010 is hereby amended to read as follows:
19.265.010 Accessory uses, buildings, and structures.
(1) Generally. As limited by this section, accessory uses, buildings, and structures normally
associated with a permitted use, building, or structure are permitted as part of that use, building,
Ordinance No. 22-932 Page 73 of 77
or structure. Accessory uses, buildings, or structures must be clearly secondary to the permitted
principal uses, buildings, or structures.
(2) Authority of director. The director of community development services is authorized to
determine if a particular accessory use, building, or structure is normally associated with, clearly
secondary to, and actually accessory to the particular permitted principal use, building, or
structure.
(3) Accessory building height and square footage se limits. The height of accessory buildings
and structures may not be taller than the rp imary building or structure regardless of the building
height allowed by the zone. Roth the total s fl^^r afea and f ,.prim of arThe total gross
square footage of the accessory building must also be less than the total gross floor afea a
feew4nt�i footage of the principal building on the subject property, ,-espeetively.
(4) Exceptions and limitations. Where more specific limitations and regulations apply under this
title to particular accessory uses or structures, those limitations and regulations supersede the
general statements in subsection (1) of this section.
Section 28. FWRC 19.265.020 is hereby amended to read as follows:
19.265.020 Accessory dwelling units.
(1) 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.
(2) Definitions. Any words, terms or phrases used in this section and which are not otherwise
defined shall have the meanings set forth in Chapter 19.05 FWRC.
Ordinance No. 22-932 Page 74 of 77
(3) Permit requirements. Prior to constructing or operating an ADU, 9property owners �g
to-eefistfuet and/of operate an ADU T shall feq-uireto shall apply for and obtain an ADU
permit from the department of community development sees, comply with all the special
regulations set forth in FWRC 19.195.180 and 19.200.180, 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 require
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
(4) of this section.
(4) Exemption/nonconformance. No ADU permit is required for legal nonconforming ADUs
which are permitted pursuant to FWRC 19.30.140, Nonconformance.
(5) Enforcement. ADUs not complying with the provisions of this section within 12 months of
the effective date of adoption of the ordinance codified in this section and/or ADUs not
constituting a legal nonconforming ADU pursuant to FWRC 19.30.140 are subject to the
enforcement provisions of Chapter 19.10 FWRC 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.
Ordinance No. 22-932 Page 75 of 77
Section 29. FWRC 18.45.060 is hereby repealed in its entirety.
Section 30. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 31. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 32. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 33. Effective Date. This ordinance shall be effective thirty (30) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 3rd day of May, 2022.
[signatures to follow]
Ordinance No. 22-932 Page 76 of 77
CITY OF FEDERAL WAY:
CL-1
;Z00000e
J LL, MAYOR
ATTEST:
i*ow6yd*
S P ANIE COURTN , CMC, CITY CLERK
APPROVED AS TO FORM:
3-,Q, cj- -
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 04/20/2022
PASSED BY THE CITY COUNCIL: 05/03/2022
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
05/06/2022
06/05/2022
2_7-93?,
Ordinance No. 22-932 Page 77 of 77