Ord 91-113
ORDINANCE NO.
91-113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43)
BY ADDING DEFINITIONS RELATING TO TENANT
IMPROVEMENTS, CHANGE OF USE, AND NORMAL
MAINTENANCE; AMENDING VARIOUS FEDERAL WAY CODE
SECTIONS TO DELETE THE REQUIREMENT THAT A MAl
APPRAISAL BE SUBMITTED BY APPLICANTS IN ORDER
TO REVIEW PROJECTS FOR NON-CONFORMANCE
THRESHOLDS; AMENDING VARIOUS FEDERAL WAY CODE
SECTIONS TO DELETE NORMAL MAINTENANCE COSTS IN
THE CALCULATIONS OF DETERMINING NON-
CONFORMANCE THRESHOLDS; AMENDING FEDERAL WAY
CODE SECTION 165.35.3(B) TO RAISE THE
THRESHOLD FOR NON-CONFORMING PROCEDURES FROM
THIRTY-FIVE PERCENT TO FIFTY PERCENT OF THE
ASSESSED OR APPRAISED VALUE OF THE SUBJECT
PROPERTY; AND AMENDING FEDERAL WAY CODE
SECTION 175.10.2 RELATING TO EXCEPTIONS TO
SITE PLAN REVIEW.
WHEREAS, amendments to the Federal Way zoning Code text
are authorized pursuant to Federal Way zoning Code § 135 and § 160;
and
WHEREAS, Federal Way Zoning Code § 135.15 and 160.75.2
contains criteria for amending zoning Code text; and
WHEREAS, a threshold review of this proposal having been
considered by the Federal Way City Council on March 5,
1991,
pursuant to Federal Way zoning Code § 160.20; and
WHEREAS, the Federal Way City Council, having determined
the proposal to be meritorious,
referred the proposal to the
Planning commission for its review and recommendation; and
WHEREAS, the Planning commission having considered the
proposal
at a public hearing on September
18,
1991,
and on
COpy
September 25, 1991, and all public notice having duly been given,
pursuant to Federal Way Zoning Code § 160.30 and § 160.40; and
WHEREAS,
following
the
public hearing,
the
Planning
Commission submitted its recommendations for proposed zoning text
amendment to the appropriate Council committee; and
WHEREAS, the Planning, Public Works and Transportation
Council
Committee
having
modified
the
recommendation
of
the
Planning commission on October 28, 1991, as contained herein; and
NOW, THEREFORE;
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
The Findings of the Federal Way Planning
commission
contained
in
its
report
dated
October 4,
1991,
pertaining to these amendments are adopted by reference in totality
by the Federal Way city council.
section 2.
Pursuant to Federal Way Zoning Code § 135.15
and § 160.75.2 and based upon the above Findings, the Federal Way
City council makes the following Conclusions of Law:
A.
The proposed amendments are consistent with the
applicable provisions of the Comprehensive Plan:
Polices C-l
through
C-22
and
the
goals
contained
within
the
commercial/
Industrial sub-element of the Comprehensive Plan were adopted to
provide direction to guide future industrial and commercial growth
within the City.
There are no policies that directly relate to the
proposed amendments,
however there
is
one that appears to be
pertinent to the discussion.
Policy C-2:
Expand economic and employment opportunities for
all members of the labor force.
While these code provisions may create a nuisance for the larger
developments, the code provisions addressed by these amendments
have the potential to seriously impact small businesses.
Given
that a 2,500 square foot interior remodel could trigger the site
plan review process, a relatively small business could exceed this
threshold quite easily.
By
enhancing the
business
atmosphere
for
small
businesses in the City of Federal Way, the expanded employment
opportunities stated in the Comprehensive Plan policy above may be
realized which will benefit the community at large.
This
is
particularly true for those who are under-skilled or semi-skilled.
The proposed amendments are consistent with the Comprehensive Plan
and specifically the policy note above.
The proposed amendments
will not result in a loss of ability to gain compliance of non-
conforming development with the current City codes and ordinances.
B.
The proposed amendments bear a substantial relation
to public health, safety and welfare:
In terms of the site plan review amendments, the
existing provisions would likely have two affects on business
owners.
First, business owners could be discouraged from making
needed interior and exterior repairs because of the thresholds and
requirements that are activated due to the work being done.
This
would result in sites falling into disrepair.
The second possible
result would be that property could result in unsafe situations
being created and also create a code enforcement problem for the
City.
The proposed code revisions, will not adversely affect the
City's current ability to gain compliance of sites through the Non-
Conformance section of the zoning code.
c.
The proposed amendments are in the best interest of
the residents of the city:
The
intent
of
the
proposed
amendments
is
to
eliminate
a
costly
and
time
consuming
process
for
tenant
improvements and exterior maintenance.
Given other provisions of
the
Federal
Way
Zoning
Code,
the
city
will
not
forfeit
any
authority to review non-conforming aspects of development and that
the
general
welfare
of
the
citizens
of
Federal
Way
will
be
adversely affected by the proposed amendments.
section 3.
The Federal Way zoning code, Chapter 3, is
amended to add the following:
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CHAPTER 3 - DEFINITIONS
3.05
3.10
User Guide
This Chapter contains the definitions that apply to this Code.
Definitions
The following definitions apply throughout this Code unless, from the context or
by specific language, another meaning is clearly intended.
005
010
011
012
015
020
Abandoned - Knowing relinquishment of right or claim to the subject
property or structure on that property,
Accessory - A use, activity, structure, or part of a structure which is
subordinate and incidental to the main activity or structure on the subject
property.
Accessory Hardship Dwellinl! Unit - Secondary living quarters attached
or within an existing residence or place on the same lot as an existing
dwelling unit, Accessory dwelling units have kitchen and/or cooking
facilities and are usually intended to be used as separate dwelling units,
Accessory Living Facility - An area or structure on the subject property
which is accessory to a permitted use on the subject property providing
cooking, sleeping, and other residential facilities for an employee on the
subject property and that employee's family.
Adioininl! - Property that touches or is directly across a street from the
subject property. For the purpose of height regulations, any portion of a
structure which is more than 100 feet from a low density zone is not
considered to be adjoining that wne.
Adult Entertainment Activity or Use - All of the following:
1.
Adult theater means a building or enclosure or any portion thereof
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas (defined as follows)
for observation by patrons therein, and which excludes minors by
virtual of age,
3 - 1
a,
Specified Anatomical Areas - Both of the following:
1)
When less than completely and opaquely covered:
a)
Human genitals or pubic region;
b)
Human buttock; and/or
c)
Human breast below a point immediately
above the top of the areola.
2)
Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
b.
Specified Sexual Activities - All of the following:
1)
Human genitals in a state of sexual stimulation or
arousal.
2)
Acts of human masturbation, sexual intercourse, or
sodomy,
3)
Fondling or other erotic touching of human genitals,
pubic region, buttock, or breast.
2.
Adult bookstore means an establishment which, in whole or in
portion thereof, has a substantial or significant portion of its stock
and trade books, magazines, or other periodicals, which are
distinguished or characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities" or "specified
sexual areas" (as defined in this Chapter) and which excludes
minors by virtue of age.
3.
Adult cabaret means a cabaret, nightclub, or other establishment
which features go-go dancers, exotic dancers, strippers, male or
fecal impersonators, similar entertainers or attendants, who are so
clothed or dressed as to emphasize "specified anatomical areas" (as
defined in this Chapter) and/or whose performance or other
activities include or mimic "specified sexual activities" (as defmed
in this Chapter) and which establishment excludes minors by virtue
of age.
Activities and uses defined as "Adult Entertainment Activity or Use" are
only permitted in the zone where that term is specifically listed as an
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022
025
030
035
040
050
055
070
075
085
087
allowable use and only in conformance to the requirements as stated for
that use.
Agricultural Use - Any agricultural, stable, or livestock use listed as an
allowable use in the Suburban Estate Zone.
Air Rights - The right to, in some manner, control the use of the space
above the surface of the ground.
Alluvium - Soil deposits transported by surface waters,
Applicant - Both of the following, depending on the content:
1.
A person who applies for any permit or approval to do anything
governed by this Code, which person must be the owner of the
subject property, the authorized agent of the owner or the City.
2.
Any person who is engaging in an activity governed by the Code
or who is the owner of the property subject to this Code.
Average Building Elevation - A reference datum on the surface
topography or a subject property from which building height is measured.
The reference datum shall be a point no higher than five feet above the
lowest elevation taken at any exterior wall of the structure either prior to
any development activity or at finished grade, whichever is lower,
provided the reference datum is equal to or lower than the highest
elevation at any exterior wall of the structure prior to development
activity.
Average Slope - The average grade of land within each land area
representing a distinct topographic change,
Backfill - Material placed into an excavated area, pit trench, or behind a
constructed retaining wall or foundation.
Building - A roofed structure used for or intended for human occupancy.
Building Mounted Signs - All of the following: wall-mounted signs;
marquee signs; under marquee signs; and projecting signs.
Bulkhead - A wall or embankment used for retaining earth.
Cemetery - Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums,
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090
098
100
105
110
115
130
135
crematories, mausoleums and mortuaries, and related uses, when operated
in conjunction with and within boundaries of such cemetery.
Center Identification Si¡¡n - A building-mounted sign or ground-mounted
sign which identifies the name of a development containing more than one
office, retail, institutional or industrial use, or tenant and which does not
identify any individual use or tenant.
Chan!!e of Use - A change of use shall be determined to have occurred
when it is found that the ¡¡eneral character of the operation has been
modified. This determination shall include review of. but not be limited
to: 1) hours of o.,peration: 2) required parkin!!: 3) traffic ¡¡eneration' and
4) ¡¡eneral appearance.
Chan!!in¡o: Messa!!e Center - A sign, message center, or similar device
whereby alternating public service information and commercial messages
are displayed on the same lamp bank.
Church. Synagogue. or Other Place of Reli!!ious Worship - An
establishment, the principal purpose of which is religious worship and for
which the principal building or other structure contains the sanctuary or
principal place of worship, and which establishment may include related
accessory uses.
Class I Home Occupation - Those home businesses that qualify as home
occupations under the Federal Way Zoning Code, except family child care
homes.
Class II Home Occupation - Those family child care homes that qualify
under Chapter 115.65.4 of the Federal Way Zoning Code.
Code (this) - The ordinance of the City of Federal Way as adopted and
amended from time to time, of which this deflllÎtion is a part, including
Chapter 1 through 185 inclusive, and constituting the official Zoning Code
of the City of Federal Way adopted pursuant to RCW 35A,63,1OO and
Washington State Constitution, Article XI, Section 11.
Commercial Recreation Facility - An indoor facility and use operated for
profit, with private facilities, equipment, or services for recreational
purposes, including swimming pools, tennis courts, playgrounds, and
other similar uses, The use of such an area may be limited to private
membership or may be open to the public upon the payment of a fee.
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137
140
145
150
155
160
165
170
175
Commercial Use - The uses allowed in the commercial wnes and not
permitted in any other wnes of the City,
Commercial Zones - BN, BC, and CC.
Common Recreational Open Space Usable for Many Activities - Any area
available to all of the residents of the subject property that is appropriate
for a variety of active and passive recreational activities (including
activities suitable for all age groups) and is not:
1.
Covered by buildings or parking or driving areas;
2.
Covered by any vegetation that impedes access; and,
3.
On a slope that is too steep for recreational activities.
Community Recreation Area or Clubhouse - An area devoted to facilities
and equipment for recreational purposes, such as swimming pools, tennis
courts, playgrounds, community club houses, and other similar uses which
area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or
geographic area,
Comprehensive Plan - The Ordinances of the City of Federal Way, as
adopted and amended from time to time, under RCW 35A.63.060 through
RCW 35A,65.080, and the Shoreline Master Program,
Construction Sign - A sign which identifies the architects, engineers,
contractors, and any other persons involved with the construction of a
building or use.
Contour Line - The interconnection of points having the same height
above sea level.
Convalescent Center - An in-patient facility, excluding facilities defined
as hospitals, for patients who are recovering from an illness or who are
receiving care for chronic conditions (mental, physical, emotional);
developmental disabilities; terminal illness; or alcohol or drug treatment.
Out-patient care is limited to prior in-patients only.
Cross Section (Drawing) - A visual representation of a vertical cut through
a structure or any other three-dimensional form,
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180
185
190
205
210
220
225
230
235
240
250
~ - The connection of a driveway with a street, which may entail
a structural alteration to the curb by lowering the height of part of the
curb.
Day-Care Facility - The temporary, non-residential care of persons in a
residence or other structure on a regular, recurring basis,
Dedication - The deliberate appropriation of land by its owner for public
use or purpose, reserving no other rights than those that are compatible
with the full exercise and enjoyment of the public uses or purpose to
which the property has been devoted.
Develoument Activity - Any work, condition, or activity which requires
a permit or approval under this Code or the Uniform Building Code.
Development Permit - Any permit or approval under this Code or the
Uniform Building Code that must be obtained before initiating a sue or
development activity.
Domestic Animal - An animal which can be and is customarily kept or
raised in a home or on a farm.
Dredging - Removal of earth and other materials from the bottom of a
body of water or watercourse or from a wetland.
Drede:ing Spoils - The earth and other materials removed from the bottom
of a body of water or watercourse or from a wetland by dredging.
Driveway - An area of the subject property designed to provide vehicular
access to a parking area or structure located on the subject property.
Dry Land - The area of the subject property landward of the high
waterline.
Dwelling Unit - One or more rooms in a structure or structures, excluding
mobile homes, providing complete, independent living facilities
exclusively for one family, including permanent provisions for living,
sleeping, cooking, and sanitation. A factory built home or manufactured
home is considered a dwelling unit under this Code only if it meets the
standards and criteria of a "designated manufactured home" established in
RCW 35A.63,145. There are the following three types of dwelling units:
1.
Dwelline: Unit. Attached - A dwelling unit that has one or more
vertical walls in common with or attached to one or more other
3 - 6
255
260
265
270
275
276
280
dwelling units or other uses and does not have other dwelling units
or other uses above or below it.
2.
Dwelline: Unit. Detached - A dwelling unit that is not attached or
physically connected to any other dwelling unit or other use.
3.
Dwelling Unit. Stacked - 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.
Easement - Land which has specific air, surface, or subsurface rights
conveyed for use by someone other than the owner of the subject property
or to benefit some property other than the subject property.
Electrical Sie:n - A sign or sign structure in which electrical wiring,
connections, and/or fixtures are used as part of the sign proper.
Erosion and Deposition - The removal of soils and the placement of these
removed soils elsewhere by the natural forces of wind and/or water.
Excavate or Excavation - The mechanical removal of soils and/or
underlying strata,
Family - An individual or two (2) or more individuals related by not more
than four (4) degrees of affinity or consanguinity and including persons
under legal guardianship, or a group of not more than five (5) persons
who are not related by four (4) or fewer degrees of affinity or
consanguinity,
Family Child Care Home - A business regularly providing care during
part of the twenty-four-hour day to twelve or fewer children (including the
children of the day care provider) in the family abode of the person or
persons under whose direct care the children are placed.
Fast Food Restaurant - An establishment which offers quick food service
which is accomplished through one or more of the following mechanisms:
a. Limited menu of easily produced items; b. Orders are not taken at the
customer's table; and c. Food is served in disposable wrappings or
containers,
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285
290
295
300
305
307
Fence - A man-made barrier or wall constructed for the purpose of
enclosing space or separating parcels of land.
Fill Material - Dirt, structural rock or gravel, broken concrete and similar
structural substances customarily used to raise the level of the ground, but
excluding topsoil, bark, ornamental rocks, or gravel placed on the surface
of the ground.
Finished Grade - The final contour of the land surface prior to
landscaping.
Floor - The horizontal surface inside a structure designed and intended for
human use and occupancy.
Fuel Price Sign - A wall-mounted or pedestal sign displaying the price of
fuel for motorized vehicles.
Geologically Hazardous Area - Areas which because of their susceptibility
to erosion, landsliding, seismic, or other geological events are not suited
to siting commercial, residential, or industrial development consistent with
public health or safety concerns, Geologically hazardous areas include the
following areas:
1.
Erosion Hazard Areas are those areas having severe to very severe
erosion hazard due to natural agents such as wind, rain, splash,
frost action, or stream flow.
2.
Landslide Hazard Areas are those areas potentially subject to
episodic downslope movement of a mass of soil or rock including,
but not limited to, the following areas:
a.
Any area with a combination of:
(i) Slopes greater than 15 percent;
(ii) Permeable sediment (predominately sand and
gravel) overlying relatively permeable sediment or
bedrock (typically silt and clay); and,
(iii) Springs or groundwater seepage.
b.
Any area which has shown movement during the Holocene
epoch (from 10,000 years ago to present) or which is
underlain by mass wastage debris of that epoch.
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310
315
320
c.
Any are potentially unstable as a result of rapid stream
incision, stream bank erosion or undercutting by wave
action.
d.
Any area located in a ravine or on an active alluvial fan,
presently or potentially subject to inundation by debris
flows or flooding,
e.
Those areas identified by the United States Department of
Agriculture Soil Conservation Service as having a severe
limitation for building site development.
f.
Those areas mapped as class u (unstable), uos (unstable old
slides), and urs (unstable recent slides) by the Department
of Ecology.
g,
Slopes having gradients greater than 80 percent subject to
rockfall during seismic shaking.
3.
Seismic Hazard Areas are those areas subject to severe risk of
earthquake damage as a result of seismically induced ground
shaking, slope failure, settlement or soil liquefaction, or surface
faulting. These conditions occur in areas underlain by
cohesionless soils of low density usually in association with a
shallow groundwater table.
4.
Steep Slope Hazard Areas are those areas with a slope of forty
percent or greater and with a vertical relief of ten or more feet (a
vertical rise of ten feet or more for every twenty-five feet of
horizontal distance), A slope is delineated by establishing its toe
and top, and measured by averaging the inclination over at least
ten feet of vertical relief.
Glare - Both of the following: a, The reflection of harsh, bright light; and,
b. The physical effect resulting from high luminance or insufficiency
shielded light sources in the field of view.
Government Facility - A use consisting of services and facilities operated
by any level of government, excluding those uses listed separately in this
Code.
Gross Floor Area - The total square footage of all floors, excluding
parking area, in a structure as measured from either the interior surface
of each exterior wall of the structure or, if the structure does not have
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325
330
333
335
340
345
350
351
353
355
walls, from each outer edge of the roof. Certain exterior areas may also
constitute gross floor area. See Chapter 115 of this Code.
Ground Floor - The floor of a structure that is closest in elevation to the
finished grade along the facade of the structure that is principally oriented
to the street which provides primary access to the subject property.
Ground Mounted Sign - Both of the following:
monument signs.
pedestal signs and
Hardship - A current or impending health condition which requires a
person to live in close proximity to, and/or share housing with a care
giver.
Hazardous Waste - All dangerous and extremely hazardous material,
including substances composed of radioactive and hazardous components
(see RCW Chapter 70.105),
Hazardous Waste Storage - The holding of dangerous material for a
temporary period (see WAC 173-303-040(85)),
Hazardous Waste Treatment - The physical, chemical, or biological
processing of dangerous wastes to make such wastes non-dangerous or less
dangerous, safer for transport, amenable for energy or material resource
recovery, amenable for storage, orreduced in volume (see WAC 173-303-
040-(97».
Heat - Added energy that causes substances to rise in temperature, fuse,
evaporate, expand, or undergo any other related change.
Height of Structure - The vertical distance above the average building
elevation measured to the highest point of the coping of a flat roof or to
the deck line of a mansard roof, or to the average height of the highest
gable of a pitched or hipped roof.
High Density Residential Use - Attached or stacked dwelling units on a
subject property which contains at least 1,800 square feet of lot area per
dwelling unit, but not more than 2,399 square feet of lot area per dwelling
unit.
Home Occupation - An occupation, enterprise, activity, or profession
which is incidental to a residential use, which is carried on for profit or
customarily carried on for profit, and which is not an otherwise permitted
use in the zone in which it occurs.
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365
370
375
380
385
390
395
400
405
410
415
420
425
Horizontal Dimension - The length of the facade of a structure as
measured along a plane, excluding eaves which extend out no more than
18 inches from the exterior walls of the structure.
Hospital - An institution providing primary health services and medical or
surgical care to persons, primarily in-patients, suffering from illness,
disease, injury, deformity, and other abnormal physical or mental
conditions, and including, as an integral part of the institution, related
facilities such as laboratories, out-patient facilities, extended care
facilities, and/or training facilities.
Hotel or Motel - A single building or group of buildings containing
individual sleeping units intended for transient occupancy.
Improvement - Any structure or man-made feature.
Industrial Use - The uses allowed in the industrial wnes, and not
permitted in any other zones of the City.
Industrial Zones - The following zones: OP and MP.
Institutional Uses - The following uses: schools; churches; colleges;
hospitals; parks; governmental facilities; and public utilities.
Instructional Sign - A sign which designates public information such as,
but not limited to, public restrooms, public telephones, exitways, and
hours of operation.
Intel!ral Sign - A sign displaying a building date, monument citation,
commemorative inscription, or similar historic information.
Irrevocable License - A written irrevocable permission given by a
property owner to the City for a specified purposes,
Junk - Old or scrap metal, rope, rags, batteries, paper, rubber, machinery,
scrap wood, debris, trash, or junked, dismantled, or wrecked automobiles
or parts thereof.
Junk Yard - A property or place of business which is maintained,
operated, or used for storing, keeping, buying, selling, or salvaging junk.
Kennel - An establishment, generally retail in nature, which houses, cares
for, breeds, raises, or sells dogs or cats.
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430
435
440
445
450
455
460
465
467
Land Surface Modification - The clearing or removal of trees, shrubs,
ground cover, and other vegetation and all grading, excavation, and filling
activities.
Landscaping - The planting, removal, and maintenance of vegetation along
with the movement and displacement of earth, topsoil, rock, bark, and
similar substances done in conjunction with the planting, removal, and
maintenance of vegetation.
Landward - Toward dry land.
Linear Frontage of Subject Property - The frontage of the subject property
adjacent to all open, improved rights-of-way, other than Interstate 5, If
the subject property is not adjacent to an open, improved right-of-way,
then the frontage of the subject property on any public access easements
or tracts which serve the subject property and adjacent unopened and/or
unimproved rights-of-way.
Lot - A parcel of land having fixed boundaries described by reference to
a recorded plat; by reference to metes and bounds; or by reference to
section, township, and range.
Low Density Use - A detached dwelling unit on a subject property that
contains at least 7,200 square feet.
Low Density Zone - The following zones: SE, RS 35,0, RS 15.0, RS 9.6,
RS 7.2, and comparable zones in other jurisdictions,
Major Stream - Any stream, and the tributaries to any stream, which
contains or supports, or under normal circumstances contains or supports,
a local or migratory fish population.
Manufactured Homes - 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),
470
Marquee Sign - Any sign which forms part of, or is integrated into, a
marquee, canopy, or awning and which does not extend horizontally
beyond the limits of such marquee, canopy, or awing.
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475
480
485
490
500
505
510
512
515
520
525
530
Maximum Lot Coverage - 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 Chapter 115 for
further details.
Medium Density Use - Detached, attached, or stacked dwelling units on
a subject property which contains at least 3,600 square feet of lot area per
dwelling unity but not more than 7,199 square feet of lot area per
dwelling unit.
Medium Density Zones - The following wnes: RS 5.0; RM 3,6; and
comparable wnes in other jurisdictions.
Mean Sea Level - The level of Puget Sound at zero tide as established by
the US Army Corps of Engineers,
Minor Stream - Any stream that does not meet the definition of a major
stream.
Monument Sign - A ground mounted sign which is attached to the ground
by means of a wide base of solid appearance and which complies with the
standards of Plate 3.
Moorage Facility - A pier, dock, buoy, or other structure providing
docking or moorage space for waterborne pleasure craft.
Multi-Use Complex - All of the following: a group of separate buildings
operating under a common name or management; 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.
Natural Features - Physical characteristics of the subject property that are
not man-made.
Natural Materials - Materials chemically unaltered from their natural state.
Noise - The intensity, duration, and character of sound from any and all
sources,
Non-Conformance - Any use, structure, lot, condition, activity, or any
other feature or element of private property, or the use or utilization of
private property, that does not conform to any of the provisions of this
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537
540
545
550
55
560
565
575
Code, or that was not approved by the City through the appropriate
decision-making process required under this Code.
Non-Living Ground Cover - Gravel, chipped bark, or similar non-
polluting material through which water can freely percolate to the soil
beneath.
Normal Maintenance - Normal maintenance includes interior and exterior
repairs and incidental alterations. Normal maintenance and repair may
include. but is not limited to. painting. roof repair and replacement.
plumbing. wiring and electrical systems. mechanical equipment
replacement. and weatherization. Incidental alterations may include
construction of non-bearing walls or partitions.
Nursinl?: Home - See "Convalescent Center",
Occupant - A person that legally occupies a structure or property.
Odor - Stimulus affecting the olfactory nerves.
Off-Site Directional Sil?:n - A sign which gives directions to a business or
to merchandise, service, real estate, goods, or entertainment which are
sold, produced, or furnished at a place within the City other than the
property on which the sign is located.
Office Use - A place of employment providing services other than
production, distribution, sale, or repair of goods or commodities. The
following is a nonexclusive list of office uses: medical, dental, or other
health care; veterinary, accounting, legal, architectural, engineering,
consulting, or other similar professional services; management,
administrative, secretarial, marketing, advertising, personnel, or other
similar personnel services; sales offices where no inventories or goods are
available on the premises; real estate, insurance, travel agent, loan
companies, brokerage, or other similar services. The following uses are
specifically excluded from the definition of office: banks; savings and loan
companies; and similar financial institutions.
Office Zones - The following zones: PO.
Official Notification Boards of the City - The bulletin boards in the public
areas of City Hall and other public locations as designated by the City
Council.
3 - 14
580
585
590
595
600
605
610
615
620
625
On-Site Hazardous Waste Treatment and Storage Facilities - Facilities
which treat and store hazardous wastes generated on the same lot or
geographically contiguous or bordering property. Travel between two
properties divided by a public right-of-way, and owned, operated, or
controlled by the same person, shall be considered on-site travel if: (a) the
travel crosses the right-of-way at a perpendicular intersection; or, (b) the
right-of-way is controlled by the property owner and is inaccessible to the
public (see WAC 173-303-040 (39».
Open Space - Land not covered by buildings roadways, parking areas, or
other surfaces through which water cannot percolate into the underlying
soils,
Ordinary High Watermark - ON lakes, streams, and tidal waters, that
mark that will be found by examining the bed, banks, or shore and
ascertaining where the presence and action of waters are so common and
usual, and so long continued in ordinary years, as to mark upon the soil
or land a character distinct from that of the abutting uplands; provided that
any tidal area where the ordinary high water mark cannot be found based
on the previous text of this definition, the ordinary high water mark shall
be the line of mean high tide.
Outdoor - Not contained within a building.
Outdoor Storage - Any material or item, (including vehicles) being stored
for or awaiting sale, lease, processing, or repair and not enclosed within
a building,
Owner - In reference to real property, the person or persons holding fee
title to the property as well as the purchaser or purchasers under any real
estate contract involving the real property.
Parking Area - Any area designed and/or used for parking vehicles.
Parking Space - An area which is improved, maintained, and used for the
sole purpose of temporarily accommodating a motor vehicle that is not in
use,
Pedestal Sign - A ground mounted sign which conforms to the standards
of Plate 2.
Person - Any individual, partnership, association, corporation, unit of
government, or any other legal entity.
3 - 15
630
635
640
650
655
660
665
680
675
680
685
690
PlanninE! Department - The Department of Planning and Community
Development or the Department of Community Development, as the case
may be, of the City of Federal Way.
Planning Director - The Director or acting Director of the Planning
Department.
Planninl! Official - The Director of the Planning Department or his/her
designee.
Political Sign - A sign, advertising a candidate for public office, a political
part, or a particular voting preference.
Portable Outdoor Sil!n - An outdoor sign that is not permanently attached
to the ground or a structure.
Primary Vehicular Access - The major street from which the majority of
vehicles enter the subject property.
Private Advertising Sil!n -A sign announcing a temporary event, use, or
condition of personal concern to the sign user such as, but not limited to,
"garage sale" or "lost dog",
Private Club - An association of persons organized for some common
purpose, but not including groups organized primarily to sell merchandise
or render a service which is customarily carried on as a business,
Private Notice Sil!n - A sign announcing a restriction or warning regarding
the subject property, such as but not limited to, "no trespassing" or
"beware of dog".
Private Traffic Direction Sign - A sign on private property which provides
information for vehicular movement while on that property,
Projecting Sign - A sign, other than a wall mounted or marquee sign,
which is attached to and projects from a structure or building face.
Property Line - Those lines enclosing the subject property and those lines
defining a recorded vehicular access easement or tract. The following are
categories of property lines:
1.
The front property line is any property line that is adjacent to a
right-of-way which is more than 21 feet in width, excluding
Interstate 5. If the subject property is adjacent to more than one
3 - 16
695
700
705
710
715
720
right-of-way which is more than 21 feet in width, the applicant
shall designate which of the said adjacent property lines is the
front property line and the remainder of said adjacent property
lines will be considered as either a rear property line or side
property line, based on the definition in this Section. If the subject
property is not adjacent to a right-of-way which is more than 21
feet in width, then the front property line is the property line
adjacent or principally oriented to the street, providing primary
vehicular access to the subject property, as determined by the
Planning Official.
2.
The rear property line is any property line that is farthest from,
and essentially parallel to, the front property line,
3.
The side property line is any property line other than a front
property line or a rear property line.
Public Park - A natural or landscaped area, provided by a unit of
government, to meet the active or passive recreational needs of people.
Public Works Director - The Director of the Department of Public Works
of the City.
Public Utility - The facilities of a private business organization such as a
public service corporation, or a governmental agency performing some
public service and subject to special governmental regulations, the services
which are paid for directly by the recipients thereof. Such services shall
include, but are not limited to: water supply; electric power; telephone;
cablevision; natural gas; and transportation for persons and freight. The
term also includes broadcast towers, antennas, and related facilities
operated on a commercial basis,
Real Estate. Off-Site Si!!n - A readily removable sign announcing the
proposed sale or rental of property other than property upon which the
sign is located and providing directions to the subject property,
Real Estate. On-Site Si!!n - A sign announcing the sale or rental of the
property upon which the sign is located.
Re!!ulated Lakes - The following wetlands as shown in the King County
Wetlands Inventory Notebooks, Volume 3 South:
a.
b.
Lower Puget Sound 6, 7, 12, 15, 16, and 17,
Hylebos 2, 11, 13, and 16.
3 - 17
722
725
727
730
Re!!ulated Slopes - Deleted, see 3.10.725 (Regulated Wetlands) of the
Federal Way Zoning Code, below.
Re!!ulated Wetlands - Those areas that are inundated or saturated by
surface or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas, with the
exception of the following ares shown in the King County Wetlands
Inventory Notebook, Volume 3 South:
1.
2.
3,
Lower Puget Sound Beach;
Lower Puget Sound 1 and 51; and
Areas defined as a regulated lake pursuant to definition 3.10.720
of the Federal Way Zoning Code.
Methodology in the January 1989 'Federal Manual for Identifying and
Delineating Jurisdictional Wetlands' and subsequent United States Army
Corps of Engineers regulatory guidance letters will be used for regulatory
delineations of wetlands within the City.
Although a site-specific wetland may not meet the criteria described
above, it will be considered a regulated wetland if it is functionally related
to another that meets the criteria.
Relative - Persons connected through blood, marriage, or other legal
relationships, by not more than four (4) degrees or affinity or
consanguinity and including persons under legal guardianship.
Required Yards - The areas adjacent to and interior from the property
lines and high watermark of a lot. If two or more required yards are
coincidental, the area will be considered the required yard with the greater
dimension. Required yards are categorized as follows:
1.
Front - That portion of a lot adjacent to and parallel with the front
property lines and at a distance therefrom equal to the required
front yard depth.
2.
Rear - That portion of a lot adjacent to and parallel with the rear
property line and at a distance therefrom equal to the required rear
yard depth,
3 - 18
735
740
745
750
760
765
770
775
780
785
3.
High Waterline Yard - That portion of a lot adjacent to and
parallel with the high watermark and at a distance landward
therefrom established in this Code,
4,
~ - That portion of a lot adjacent to and parallel with each side
property line and at a distance therefrom equal to the required side
yard depth, All required yards not otherwise categorized shall be
designated side yards.
Residential Use - Developments and occupancy in which persons sleep and
prepare food, other than developments used for transient occupancy.
Residential Zone - The following wnes: SE; RS 35.0; RS 15.0; RS 9.6;
RS 7.2; RS 5.0; RM 3.6; RM 2.4; RM 1.8; and comparable wnes in
other jurisdictions.
Restaurant or Tavern - Commercial use (excluding fast food restaurants)
which sells prepared food or beverages, generally for consumption on the
premises.
Retail Establishment - A commercial enterprise which provides goods
and/or services directly to the consumer, where such goods are available
for immediate purchase and removal from the premises by the purchaser.
Right-of-Way - Land dedicated or conveyed to the public or a unit of
government, the primary purpose of which is the movement of vehicles
and/or pedestrians, and providing for access to adjacent parcels, with the
secondary purpose of providing space for utility lines and appurtenances
and other devices and facilities benefiting the public,
Right-of-Way Realig:nment - The changing of the horizontal position of the
improvements in a right-of-way.
Roofline - The line formed by the outside of the gable of the roof, or if
the roof is flat or mansard, the top of the roof or mansard,
Runoff - The overland or subsurface flow of water.
Schools - 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,
SEPA - The State Environmental Policy Act, RCW Chapter 41.23C.
3 - 19
790 Shared Access Points - A common point of vehicle access from a street
. to more than one lot or use.
800
805
810
815
820
825
830
Sign - Any communication device, structure, or fixture using graphics,
letters, figures, symbols, trademarks, and/or written copy, which is
intended to do either or both of the following: a. To identify a building,
use, business, or event. b. To promote the sale or recognition of a
product, business, use, service, or good. Painted wall designs or patterns
which do not represent a product, service, or registered trademark, and
which do not identify the user, are not considered signs, If a painted wall
design or pattern is combined with a sign, only that part of the design or
pattern which cannot be distinguished from the sign will be considered as
part of the sign.
Si¡;n Area - The entire area of a sign on which graphics, letters, figures,
symbols, trademarks, and/or written copy is to be placed, excluding sign
structure, architectural embellishments, and framework, Sign area is
calculated by measuring the perimeter enclosing the extreme limits of the
module or sign field containing the graphics, letters, figures, symbols,
trademarks, and/or written copy; provided, however, that individual
letters, numbers, or symbols using a canopy, awning, or wall as the
background, without added decoration or change in the canopy, awning,
or wall color, have sign area calculated by measuring the perimeter
enclosing each letter, number, or symbol and totalling the square footage
of these,
Sie:n Field - The background upon which the graphics, letters, figures,
symbols, trademark, and/or written copy of a sign are placed.
Significant Natural Vegetation - Any area containing a concentration of
significant trees; any area of significant biological importance; and/or any
area containing dense, mature, native vegetation.
Sie:nificant Trees - Any evergreen tree 25 inches in circumference or
greater, and any deciduous tree, other than red alder and cottonwood
trees, 37 inches in circumference or greater, each measured one foot
above the root crown.
Silt or Sediment - The soil particles mobilized and deposited by the
processes of erosion and deposition.
Single Use Building - A building which contains one use.
3 - 20
835
855
860
865
870
875
880
885
890
895
Small Animals - Dogs, cats, birds, small exotic animals (snakes, gerbils,
mice, guinea pigs, etc.), and foxes, bobcats, and similar small wild
animals,
Storm Drainage - The movement of water, due to precipitation, either
surficially or subsurficially.
S!m:y. - The area or a structure between the floor and the horiwntal
supporting members of the ceiling directly above that floor. If a floor is,
on average, at least three feet below a finished grade, the area between
that floor and the ceiling directly above is not a story.
Steam - A course or route formed by nature, including those modified by
man, 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.
Street - Both of the following: a, A public right-of-way. b. A vehicular
access easement or tract.
Street Providing Direct Vehicle Access - 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.
Structure - Anything which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built-up or composed of
parts joined together in some definite manner.
Structural Alterations - Any change in the supporting member of a
building or structure,
Subject Property - The entire lot or parcel, or series of lots or parcels, on
which a development, activity, or use is or will locate, or on which any
activity or condition regulated by, or subject to, this Code is or will occur
or take place,
Temporary Commercial Sign - A sign associated with a business, which
is painted on a window or constructed of cloth, paper, or similar flexible
materials, is readily removable, and displays a temporary commercial
message, but excluding a real estate on-site sign or real estate off-site
sign.
3 - 21
897
900
905
910
925
935
940
945
950
955
960
Tenant ImDfovement - Any work imDfovement. or remodelin!! comDletely
within the interior of a buildine necessary to meet the varied requirements
of continuin!! or succeedin!! tenants.
Topsoil - The uppermost strata of soil containing a large percentage of
organic materials and which is capable of providing suitable nourishment
for vegetation.
Traffic Control Devices - Signs, signals, stripes, and other mechanical or
graphic items which control the flow, direction, or speed of vehicular and
pedestrian traffic.
Under Marquee Sign - A sign which is attached to and suspended from a
marquee or canopy, and which does not extend beyond the marquee or
canopy,
~ - The nature of the activities taking place on private property or
within structures thereon. Each separate listing under the "Use" column
in the Chapters 15 through 70 of this Code is a separate use.
Vehicle Service Station - A commercial use supplying petroleum products
that are for immediate use in a vehicle.
Vehicle Stora!!e Area - An outside area which is used for the storage
and/or display of operational vehicles,
Vehicular Access Easement or Tract - Privately owned land used and
legally committed, through easements, plat restrictions, or similar
mechanisms, to providing access for vehicles and pedestrians to properties
other than the property within the tract or easement. It may also provide
space for utility lines and appurtenances and other devices and facilities
benefiting nearby properties or the public,
Wall-Mounted Sign - A sign attached to and extending not more than
eighteen (18) inches from the facade or face of a building or a mansard
roof with the exposed face of the sign parallel to the facade or face of the
building or mansard roof.
Waterward - Toward the body of water,
Well Head - The top of the shaft of a well or similar water extraction
facility from which portable water is extracted.
3 - 22
965
970
975
980
Wetland - Deleted, see 3.10.725 (Regulated Wetlands) ofthe Federal Way
Zoning Code,
Wholesale Trade - A commercial establishment which sells to retail
establishments.
Zones - Use zones as described in Chapters 15 through 75 of this Code.
Zoning Map - The series of maps adopted by the City, and designated the
official zoning map of the City, showing the geographica11ocation of use
zones within the municipal boundaries.
3 - 23
section 4.
The Federal Way Zoning Code Chapter 165 is
amended to delete the requirement that a MAI appraisal be submitted
by applicants in order to review proj ects for non-conformance
thresholds;
and
to
delete
normal
maintenance
costs
in
the
calculations of determining non-conformance thresholds;
and to
raise the threshold for non-conforming procedures from thirty-five
percent to fifty percent of the appraised value of the subject
property as follows:
Chapter 165.
165.05
User Guide.
This Chapter establishes when and under what
circumstances non-conforming aspects of a use or
development must be brought into conformance with this
Code. You should consult the provisions of this Chapter
only if there is some aspect of the use or development on
the subject property that is not permitted under this
Code.
165.10
When Conformance is Required.
If an aspect, element, activity or use of or on the
subject property conformed to the applicable Zoning Code
in effect at the time that aspect, element, activity or
use was constructed or initiated, that aspect, element,
activity or use may continue and need not be brought into
conformance with this Code unless a provision of this
Chapter requires conformance.
165.15
Requlations Applicable to Non-Conforminq Use.
If a use is non-conforming in the zone in which it is
located, this Code does not establish applicable
dimensional or other regulations. Therefore, to
determine what regulations apply, the City will determine
the zone that allows the non-conforming use that is most
similar to the zone in which the non-conforming use is
located and apply the regulations of that zone.
165.20
Abatement of
Initiated.
Non-Conformance
That
Was
Illeqal
When
1.
General - Except as specified in Paragraph 2 of
this section, any non-conformance that was illegal
when initiated must immediately be brought into
conformance with this Chapter. The city may, using
165.25
the provisions of Chapter 175 of this Code or any
other applicable law, immediately abate any non-
conformance that was illegal when initiated.
Exceptions - If a non-conformance has ever been in
complete conformance with an applicable zoning
code, it may continue to exist subj ect to the
provisions of this Chapter, and it is not subject
to abatement under Paragraph 1 of this section.
2.
Immediate Compliance with certain provisions ReQuired.
General - Regardless of any other provision of this
Chapter, the following non-conformances must be
immediately brought into conformance with the
applicable provisions of this code:
1.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
1.
Non-conformance with the Noise standards in
Chapter 115.
Non-conformance with the Lighting Standards in
Chapter 115.
Non-conformance with the
Standards in Chapter 115.
Emission
Heat
Non-conformance with the Radiation Standards
in Chapter 115.
Non-conformance with the Air Quality standards
in Chapter 115.
Non-conformance with the
Standards in Chapter 115.
Quality
Water
Non-conformance with the Odor
Chapter 115.
in
Standards
Non-conformance with the provisions in Chapter
115 regarding Parking and Storage of large
vehicles in residential zones.
Non-conformance with the provisions in Chapter
115 regarding junk.
Non-conformance with the Glare Standards in
Chapter 115.
Non-conformance with the provision in Chapter
95 of this Code regarding portable outdoor
signs.
Non-conformance with the provision in Chapter
95 of this Code regarding location of signs
extending over rights-of-way.
165.30
165.35
2.
Abatement The City may, using any of the
provisions of Chapter 175 of this Code or any other
applicable law, immediately abate or seek
discontinuance of any non-conformance listed in
Paragraph 1 of this Section.
Special provision for Damaqed Improvements.
If a non-conforming improvement is damaged by sudden
accidental cause, that improvement may be reconstructed
only if it meets the following requirements and not
otherwise:
1.
The cost of reconstructing the damaged improvement
does not exceed 75% of the assessed or appraised
value (baDed OR aR tffiI appraiûal previdcd by the
applieaRt) of that improvement prior to the damage,
,,'hieacver io "Jrcater. The applicant mav provide an
appraisal of the improvement which has been
damaqed. The appraisal must be from a source that
is acceptable to the citv. The Communitv
Development Director may require the applicant to
provide an appraisal from a source acceptable to
the citv if the assessed valuation appears to be
inappropriate. If an appraisal is provided by the
applicant or required bv the citv. the larqer of
the two amounts shall be used.
2.
The improvement, as reconstructed, is not any more
non-conforming than it was immediately prior to the
damage.
3.
The applicant applies for a building permit to
reconstruct the damaged improvement within six
months of the date of the damage and reconstructs
the improvement pursuant to that building permit.
certain Non-Conformance Specificallv Requlated.
1.
General - Paragraphs 2 through 7 of this section
specify when and under what circumstances certain
non-conformance must be corrected. If a non-
conformance must be corrected under this Section,
the applicant must, as part of the application for
any development permit, submit all information that
the City reasonably needs to review the correction.
In addition, the city will not issue a certificate
of zoning compliance or permit occupancy until he
correction is made.
If section 25 of this Chapter applies to a specific
non-conformance, then the provisions of this
section do not apply to that same non-conformance.
3.
2.
Non-Conforminq Use. Any non-conforming use must be
brought into conformance or discontinued if -
a.
The applicant is making structural alterations
or increasing the gross floor area of any
structure that houses or supports the non-
conforming use;
b.
other than as specified in Paragraph 2. a of
this Section, the applicant is making changes
or alterations or doing work, other than that
work defined as "normal maintenance" in
section 3.10.537 of this title. in any twelve
(12) month period to any structure that houses
or supports the non-conforming use and the
fair market value of that change, alteration
or work exceeds fifteen percent (15%) of the
assessed or appraised value (haGeà on an l~I
a~~raisal ~roviàDà hy taD a~plioant) of that
structure, \laioaDvDr iG <:JreatDr; The
applicant mav provide an appraisal of the
improvement which has been damaqed. The
appraisal must be from a source that is
acceptable to the city. The Communitv
Development Director mav require the applicant
to provide an appraisal from a source
acceptable to the city if the assessed
yaluation appears to be inappropriate. If an
appraisal is provided by the applicant or
required bv the citv. the larqer of the two
amounts shall be used.
c.
The subject property has been abandoned for
ninety (90) or more consecutive days or the
non-conforming use has ceased for one hundred
and eighty (180) or more consecutive days; or
d.
The applicant replaces the use with a
different use. The City may allow this change
in use, if through Process II, the City
determines that the proposed new use will be
less non-conforming and will have fewer
detrimental effects on the neighborhood than
did the existing use.
Non-Conforminq Procedure - If the subject property
contains a use, aspect, activity or development
requiring approval through Process I, II or III,
which was not approved through any quasi-judicial
process under this Code or any prior applicable
Zoning Code, that use, aspect, activity or
development must be reviewed and approved using the
appropriate process under this Code if -
a.
b.
c.
4.
There is a change in use and this Code
established different or more rigorous
standards for the new use than for the
existing use;
The applicant is making additions, changes or
alterations or doing work. other than that
work defined as "normal maintenance" in
section 3.10.537 of this title. to the subject
property in any twelve (12) month period the
fair market value of which exceeds fiftv
percent (50%) thirty fivc perccRt (35%) of the
assessed or appraised value (2aacd eR an !ßI
appraiaal previde~ 21 the applicant) of all
structures on the subject property, \lhiehcvcr
ia greater; The applicant may provide an
appraisal of the improvement which has been
damaqed. The appraisal must be from a source
that is acceptable to the city. The communitv
Development Director mav require the applicant
to provide an appraisal from a source
acceptable to the city if the assessed
valuation appears to be inappropriate. If an
appraisal is provided bv the applicant or
required bv the citv. the larqer of the two
amounts shall be used.
The subject property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subject property has
ceased for one hundred and eighty (180) or
more consecutive days; or
d.
The Planning Director determines that there
will be substantial changes in the impacts on
the neighborhood or the city as a result of
the proposed change.
Non-Conforminq Parkinq - If there are fewer parking
spaces for the uses conducted on the subject
property than are required under this Code, the
additional required number of spaces must be
provided if -
a.
The applicant is going to change the use
conducted on the subject property and this
Code requires more parking spaces for the new
use than for the former use;
b.
The applicant is increasing the gross floor
area of any use on the subject property; or
c.
The subject property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subject property has
5.
ceased for one hundred and eighty
more consecutive days.
(180)
or
Non-Conforminq Siqns If the subject property
contains a non-conforming sign, this non-
conformance must be corrected-
a.
If the applicant is making structural
alteration or increasing the gross floor area
of any structure that houses or supports the
use with which the non-conforming sign is
associated;
b.
If, except as specified in paragraph 5. a of
this section, the applicant is making changes,
alterations or doing other work. other than
that work defined as "normal maintenance" in
section 3.10.537 of this title. in any twelve
(12) month period to any structure that houses
or supports the use with which the
nonconforming sign is associated and the fair
market value of these changes, alterations or
other work exceeds twenty-five percent (25%)
of the assessed or appraised value (baDcd on
aR 111\1 appraioal pFeyided 131' the applioaRt) of
that structure, \.'hieh io ~Teater; The
applicant mav provide an appraisal of the
improvement which has been damaqed. The
appraisal must be from a source that is
acceptable to the citv. The Community
Development Director mav require the applicant
to provide an appraisal from a source
acceptable to the city if the assessed
valuation appears to be inappropriate. If an
appraisal is provided bv the applicant or
required by the citv. the larqer of the two
amounts shall be used.
c.
If the applicant is making changes,
alterations or doing other work to the non-
conforming sign. other than that work defined
as "normal maintenance" in section 3.10.537 of
this title. in any twelve (12) month period,
the fair market value of which exceeds thirty-
five percent (35%) of the replacement cost of
the non-conforming sign;
d.
If the subject property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subj ect property has
ceased for one hundred and eighty (180) or
more consecutive days; or
e.
Except as provided
March 1, 1995:
or
before
below,
on
6.
b.
c.
1)
The applicant may, through Process II,
apply for an extension of time to bring
signs on the subject property into
conformance with this Code. The City
will grant this request if it determines
that the applicant needs additional time
beyond March 1, 1995, to amortize the
cost of manufacturing and installing the
sign. As part of the application, the
applicant shall submit documentation
demonstrating how the cost of
manufacturing and installing the sign is
or was depreciated for Federal Income Tax
purposes.
2)
The provisions of Paragraph 5.e of this
section do not apply to any sign if the
removal of that sign would require the
City to pay compensation under RCW
chapter 47.42, as now existing or as
hereafter amended.
Non-Conforminq Buffers - If the subject property
does not contain the buffers required by this Code,
the required buffers must be provided if -
a.
There is any increase in the gross floor area
of any structure on the subj ect property.
However, the buffers adjacent to pre-existing
buildings on the subject property need only be
increased to the extent that the land is
available for the increase;
There is a change in use on the subj ect
property and this Code requires larger or
denser buffers for the new use than for the
former use;
Except as specified in paragraph 6.a of this
Section, the applicant is making changes,
al terations or doing other work. other than
that work defined as "normal maintenance" in
section 3.10.537 of this title. in any twelve
(12) month period to any structure on the
subject property and fair market value of
these changes, alterations or other work
exceeds fifty percent (50%) of the assessed or
appraised value (Baaed ell all lffiI aFJpraiaal
FJrovideà by the aFJFJlicallt) of that structure,
".Jliieliever is IJreater. The applicant may
provide an appraisal of the improvement which
has been damaqed. The appraisal must be from
a source that is acceptable to the city. The
Community Development Director mav require thè
applicant to provide an appraisal from a
source acceptable to the city if the assessed
valuation appears to be inappropriate. If an
appraisal is provided bv the applicant or
required bv the citv. the larqer of the two
amounts shall be used. However, the buffers
adjacent to pre-existing buildings on the
subject property need only be increased to the
extent that the land is available for the
increase; or
d.
The subject property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subject property has
ceased for one hundred and eighty (180) or
more consecutive days.
7.
Anv Other Non-Conformance.
If any non-conformance exists on the subject
property, other than as specifically listed in
Paragraphs 2 through 6 of this Section, these must
be brought into conformance if -
a.
The applicant is making any alterations or
changes or doing any work. other than that
work defined as "normal maintenance" in
section 3.10.537 of this title. in any
consecutive twelve (12) month period to an
improvement that is non-conforming or houses,
supports or is supported by the non-
conformance and the fair market value of the
alteration, change or other work exceeds fifty
percent (50%) of the assessed or appraised
value of that improvement, \;hioflcvor in
~rcatcr; The applicant mav provide an
appraisal of the improvement which has been
damaqed. The appraisal must be from a source
that is acceptable to the city. The communitv
Development Director may require the applicant
to provide an appraisal from a source
acceptable to the citv if the assessed
valuation appears to be inappropriate. If an
appraisal is provided bv the applicant or
required bv the city. the larqer of the two
amounts shall be used.
b.
The use on the subject property is changed and
this Code establishes more stringent or
different standards or requirements for the
non-conforming aspect of the new use than this
code establishes for the former use; or
c.
The subj ect property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subject property has
165.40
165.45
ceased for one hundred and eighty
more consecutive days.
(180)
or
Additional Provision if a Quasi-Judicial Decision is
Reauired.
In addition to any other provisions of this Chapter, if
a development activity or use on the subject property is
being decided upon using either Process I, II or III, the
City shall, in such process, consider the degree of non-
conformance and its relationship to the proposed use or
development activity, and the City may require that the
applicant correct any non-conformance that exists on the
subject property.
Special provisions for Residential Uses.
If the subject property contains a residential use that
became non-conforming as to use or density as a result of
the adoption of this Code, that non-conforming use or
density is exempt from the provisions of sections 10
through 40 of this Chapter and, instead, the following
regulations apply:
2.
1.
If the improvements on the subject property are
damaged or destroyed by any sudden cause, the
structure may be rebuilt; provided that the number
of dwelling units and the gross floor area in and
on the subject property may not be increased from
that which existed immediately prior to the damage
or destruction and any other non-conformity of or
on the subj ect property may not in any way be
increased. The provisions of this Paragraph 1 are
only available if the applicant applies for a
building permit within twelve (12) months after the
sudden damage or destruction and construction is
commenced and completed under that building permit.
other than as specified in Paragraph 1 of this
Section, the non-conforming use or density must be
corrected if the applicant is making changes,
alterations or doing other work, other than that
work defined as "normal maintenance" in section
3.10.537 of this title, in any twelve (12) month
period to any structure on the subject property and
fair market value of these changes, alterations or
other work exceeds fifty percent (50%) of the
assessed or appraised value of that structure,
whichcycr ia ~rcatcr. The applicant may provide an
appraisal of the improvement which has been
damaaed. The appraisal must be from a source that
is acceptable to the citv. The Communitv
Development Director may reauire the applicant to
provide an appraisal from a source acceptable to
the city if the assessed valuation appears to be
165.50
165.55
inappropriate. If an appraisal is provided bv the
applicant or reQuired bv the citv. the laraer of
the two amounts shall be used.
3.
The entire subject property has been abandoned for
ninety (90) or more consecutive days or all use
conducted on the subject property has ceased for
one hundred and eighty (180) or more consecutive
days.
Special provisions
Reaulations.
Compliance
with
Government
for
The provisions of this section will be followed
regardless of any conflicting regulations of this
Chapter. Any regulations of this Chapter which do not
conflict with the provisions of this Section are
unaffected by this section.
1.
oil Tanks - Any excavation, development activity or
construction performed to comply with the
"Underground storage Tanks; Technical Requirements
and State Programs Approval; Final Rules" (40
C.F.R. parts 280 and 281), as now existing or as
hereafter amended or with the provisions of RCW
chapter 90.76, as now existing or hereafter amended
or any regulations adopted thereunder may not be
used as the basis, or part of the basis, for
requiring that non-conformance on the subject
property be corrected.
2.
other Government Reaulations Other than as
specified in Paragraph 1 of this section, the city
may, using Process II, exempt a property or use
from any of the requirements of this Chapter if -
a.
The actions or events which form the basis of
requiring that non-conformance on the subject
property be corrected are necessitated solely
to comply with local, state or federal
regulation;
b.
The actions necessitated to comply with those
regulations will not significantly extend the
expected useful life of the non-conforming
aspect; and
c.
The public benefit of complying with the
local, state or federal regulation clearly
outweighs the public benefit in correcting the
non-conformance.
Prohibition on Increasina Non-Conformance.
No
non-conformance
in
be
enlarged,
may,
any
way,
165.60
expanded, increased, intensified, compounded or in any
other way made greater, except as specifically permitted
in this Chapter.
Applicability of Uniform Codes.
Nothing in this Chapter in any way supersedes or relieves
the applicant from compliance with the requirements of
the Uniform Building codes and other construction related
codes as adopted and amended from time to time by the
city.
Section 5.
Zoning
Code
section
The
Federal
Way
175.10.2 is amended relating to exceptions to site plan review as
follows:
section 175.10.2 - Exceptions - Permits for the following are
exempt from the provisions of this section.
a.
b.
c.
h....
£....
The development of one detached dwelling unit on a pre-
existing lot.
Any work, improvement or remodeling completely within the
interior of a building, if the fair market value of that
work, improvement or remodeling does not exceed $50,000
in any twelve (12) month period.
Any work, remodeling or improvement on the subject
property other than as specified in paragraph 2.b above,
so long as the fair market value of that work, remodeling
or improvement does not exceed $10,000 in a twelve (12)
month period. The provisions of this paragraph 2.c do
not apply to signs.
Any tenant improvements or normal maintenance on the
subiect propertv completelv within the interior of the
buildinq necessarv to meet the varied requirements of
continuinq or succeedinq tenants that does not exceed the
thresholds established in Chapter 165 - NON-CONFORMANCE.
section 165.35. Paraqraphs 2 throuqh 7.
The Director of Communitv Development mav exempt minor
addi tions from the requirements of this section: provided
the additions are necessarv to house mechanical equipment
such as coolers. heatinq. ventilation. and air
conditioninq type of equipment.
section 6 - Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section
7
Severabilitv.
The
provisions
of
this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 8 - Effective Date.
This ordinance shall be
effective
five
(5)
days
after passage
and publication
of
an
approved summary of this ordinance.
PASSED by the City Council of the city of Federal Way
this 2 eL day of (j)~~ , 1991.
CITY OF FEDERAL WAY
~ ß-
~ - /
, ~tz (1,-, -'LZz7
YOR, DEBRA ERTEL
APPROVED AS TO FORM:
¿)~..~i£
CITY 4I.TTORN Y, ANDRA DRI CO
FILED WITH THE CITY CLERK: 11/26/91
PASSED BY THE CITY COUNCIL: 12/03/91
PUBLISHED: 12/6/91
EFFECTIVE DATE: 12/11/91
ORDINANCE NO. 91-113
LA\EF\ORD\91-0309.SUB