Ord 91-105� �
ORDINANCE NO. 91-105
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43) BY
AMENDING DEFINITIONS RELATING TO GEOLOGICALLY HAZARDOUS
AREAS AND WETLANDS, (CHAPTER 80); ADDING A NEW SECTION 80.37
EXEMPTIONS TO APPROVE CERTAIN EMERGENCY AND MAINTENANCE
ACTIVITIES WITHIN SENSITIVE AREA REGULATIONS; AMENDING SECTION
80.65 RELATING TO REGULATED SLOPES TO DELETE REFERENCE TO
REGULATED SLOPES AND REPLACE WITH "GEOLOGICALLY HAZARDOUS
AREAS"; AMENDING SECTION 80.145 TO DELETE REFERENCE TO
"WETLANDS"; ADDING A NEW SECTION 80.155.4 TO ALLOW CITY COUNCIL
CONSIDERATION OF REPLACEMENT, ENHANCEMENT, REPAIR OR
RESTORATION MITIGATION OF IMPACTS WITHIN REGULATED WETLANDS
FOR PUBLIC FACILITIES AND UTILITIES; AND AMENDMENTS TO THE
FEDERAL WAY ENVIRONMENTAL POLICY ORDINANCE (ORDINANCE 90-40);
TO ADD ADDITIONAL DEFINITIONS WITHIN SECTION 20.30 RELATED TO
CRITICAL AREAS DEFINITIONS; AND TO AMEND SECTION 20.280
ENVIRONMENTALLY SENSITIVE AREAS TO DESIGNATE ADDITIONAL
ENVIRONMENTALLY SENSITIVE AREAS; IDENTIFY INVENTORY RESOURCES
AND MODIFY CATEGORICAL EXEMPTIONS.
WHEREAS, amendments to the Federal Way Zoning Code text are authorized
pursuant to Federal Way Zoning Code § 135 and § 160; and
WHEREAS, a SEPA Determination of Non-Significance was issued for this action
on April 21, 1991, which determination was not appealed; and
WHEREAS, these amendments to the Federal Way Environmental Policy
Ordinance, Federal Way Code Title 20, are in compliance with the State Environmental Policy
Act (SEPA) Rules, WAC 197-11-904, requirement for public hearing; 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 11, 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
ORIGINAL
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WHEREAS, the Planning Commission having considered the proposal at a public
hearing on May 15, May 29, June 12, and June 18, 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 Ptanning Commission submitted its
recommendation 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 July 8, 1991 as contained
herein; and NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
e tion 1 The Findings of the Federal Way Planning Commission contained in
its report dated June 19, 1991, pertaining to these critical areas amendments are adopted by
reference in totality by the Federal Way City Council.
tion 2. Pursuant to Federal Way Zoning Code §135.15 and §160.75.2 a�d
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: Policies NE-1 through NE-21 and the accompanying goal of the natural
Environmental Section of the City's comprehensive plan were adopted to protect the natural
character of sensitive areas, to protect water resources and to maintain the beauty of the
community. The following policies specifically apply to the proposed zoning code text
amendments:
Policy NE-2: Adopt special regulations limiting or preventing development within the most
sensitive areas and require completion of special studies by qualified professionals
when necessary prior to issuance of permits.
Policy NE-5: Develop open space or landscaped buffer zones to protect sensitive areas, wetlands,
stream corridors, habitat areas, lakes, and aquifer recharge areas.
Policy Ne-7: Limit public access to habitat protection zones and most sensitive wetland areas.
Policy Ne-8: Prohibit alterations of stream corridors or wetlands within habitat protection zones.
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The intent of the proposed amendments is to implement the mandate of the
Growth Management Act regarding protection and management of critical areas. While the
proposed amendments do not substantively change the City's existing regulations or procedures
regarding critical areas protection, the proposed amendments clarify and update these existing
regulations. The proposed amendments are consistent with the goal and policy direction of the
City's comprehensive plan.
B. The proposed amendments bear a substantial relation to public health, safety
and welfare: Encroachment of development and activities on or near critical areas can result in
the loss of significant vegetation, remove wildlife nesting, feeding and breeding habitat; affect
drainage patterns, reduce biofiltration of contaminants and sediments, impede surface water and
ground water exchange, and increase the likelihood of geologically hazardous conditions.
The purpose of regulating critical areas is to protect the environment, human
life and property from harm and degradation. The overall intent of Chapter 80, FWZC, is
supported by goal and policy direction of the comprehensive plan.
In adopting the Growth Management Act, the State has determined that it
is in the best interest of public health, safety and welfare to preserve and protect critical areas
from degradation by incompatible activities. The act mandates that local governments adopt
regulations to protect critical areas from incompatible activities by September 1, 1991.
C. The proposed amendments are in the best interest of the residents of the
City: Protecting critical areas from degradation assists in preserving existing natural
environmental functions and values, and the character and beauty of the community. The
community has expressed this interest in the natural environment goal and policies contained in
the City's comprehensive plan.
In adopting the Growth Management Act, the State has determined that
protection of critical areas is in the best interest of the State's residents. The Act mandates that
local governments adopt regulations to protect critical areas from incompatible uses by September
1, 1991. In addition, the State has expressed this interest in adopting the Growth Management
Act.
cti n The Federal Way Zoning Code, Chapter 3, is amended to add the
following:
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CHAPTER 3 - DEFINITIONS
3.05. User Guide
.
This Chapter contains the definitions that apply to
this Code.
3.10. Definitions
The following definitions apply throughout this
Code unless, from the context or by specific
language, another meaning is clearly intended:
005. Abandoned - Knowing relinquishment of right
or claim to the subject property or structure
on that property.
010. Accessorv - A use, activity, structure or
part of a structure which is subordinate and
incidental to the main activity or structure
on the subject property.
012. 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
fax�ily.
015. Adioining - Property that touches or is
directly across a street from the subject
property. For the purpose of height
regulations, any portion o€ a structure which
is more than 100 feet from a Iow density zone
is not considered to be adjoining that zone.
020. Adult Entertainment Activity or Use - A11 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 virtue of age.
a. Specified anatomical areas - Both of
the following:
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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 book store means an establ.ishment
which in whole or in portion thereof has
a substantial or significant portion of
its stock and trade books, magazines or
other periodicals, which are
distinguished or characterized by an
emphasis on matter depicting, describing
or relating to "specified sexual
activities" or "specified anatomical
areas" (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 female 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 defined
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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 allowable use and
only in conformance to the requirements as
stated for that use.
022. Actricultural Use - Any agricultural, stable
or livestock use listed as an allowable use
in the Suburban Estate zones.
025. Air Ricrhts - The right to, in some manner,
control the use of the space above the
surface of the ground.
030. Alluvium - Soil deposits transported by
surface waters.
035. 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 owr�er 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 propert� subject to this Code.
040. Average Building Elevation - The average
elevation of the topography of the subject
property (either prior to any development
activity or at finished grade, whichever is
lower) at the center of all exterior walls of
a building or structure computed using the
formula shown in Plate 4.
050. Averaqe Slope - The average grade of land
within each land area representing a distinct
topographic change.
055. Backfill - Material placed into an excavated
area, pit, trench or behind a constructed re-
taining wall or foundation.
070. Buildina - A roofed structure used for or in-
tended for human occupancy.
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075. Buildinct Mounted Signs - Al1 of the
following: wall mounted signs, marquee
signs, under marquee signs and projecting
signs.
085. Bulkhead - A wall or embankment used for
retaining earth.
090. Center ldentification Sian - 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.
100. Chanainct Messacse Center - A sign, message
center or similar device whereby alternating
public service information and commercial
messages are displayed on the same lamp bank.
105. Church, Svnagoaue or Other Place of Reliqious
Worshib - 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.
130. Code (thisZ - The ordinance of the City of
Federal Way, as adopted and amended from time
to time, of which this definition is a part,
including Chapters 1 through 185 inclusive
and constituting the official Zoning Code of
the City of Federal Way adopted pursuant to
RCW 35A.63.100 and Washington State
Constitution, Article XI, Section 11.
135. Commercial Recreation Facilitv - 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.
137. Commercial Use - The uses allowed in the
commercial zones and not permitted in any
other zones of the City.
140. Commercial Zones - BN, BC and CC.
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145. 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 -
a. Covered by buildings or
driving areas;
b. Covered by any vegetation
access; and
c. On a slope that is too
recreational activities.
parking or
that impedes
steep for
150. 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.
155. Comprehensive Plan - The Ordinances of the
City of Federal Way, as adopted and amended
form time to time, under RCW 35A.63.060
through RCW 35A.65.080 and the Shoreline
Master Program.
16Q. Construction Sicrn - A sign which identifies
the architects, engineers, contractors and
any other persons involved with �he
construction of a building or use.
165. Contour Line - The interconnection of points
having the same height above sea level.
170. 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 or
developmental disabilities; terminal illness;
or alcohol or drug treatment. Out-patient
care is limited to prior in-patients only.
175 Cross Section lDrawing� - A visual
representation of a vertical cut through a
structure or any other three-dimensional
form.
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180. Curb Cut - 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.
185. Day-Care Facility - The temporary, non-
residential care of persons in a residence or
other structure -on a regular, recurring
basis.
190. 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.
205. Development Activity - Any work, condition or
activity which requires a permit or approval
under this Code or the Uniform Buildi�g Code.
210. Development Permit - Any permit or approval
under this Code or the Uniform Building Code
that must be obtained before initiating a use
or development activity.
220. Domestic Animal - An animal which can be and
is customarily kept or raised in a home or on
a farm.
225. Dredginq - Removal of earth and other
materials from the bottom af a body o€ water
or watercourse or fram a wetland.
230. Dredaing Spoils - The earth and other
materials removed from the bottom of a body
of water or watercourse or from a wetland by
dredging.
235. Drivewav - An area of the subject property
designed to provide vehicular access to a
parking area or structure located on the
subject property.
240. Dry Land - The area of the subject property
landward of the high waterline.
250. 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 provi�sions for living,
sleeping, cooking and sanitation. A factory
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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:
a). Dwelling Unit. Attached - 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.
b). Dwelling Unit. Detached - A dwelling unit
that is not attached or physically
connected to any other dwelling unit or
other use.
c). Dwelling Units, 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 waZls in
common with or adjacent to one or more
other dwelling units or other uses.
255. 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 sublect property.
260. Electrical Sictn - A sign or sign structure in
which electrical wiring, connections and/or
fixtures are used as part of the sign proper.
265. Erosion and Detiosition - The removal of soils
and the placement of these removed soils
elsewhere by the natural forces of wind or
water.
270. Excavate or Excavation - The mechanical
removal of soils and/or underlying strata.
275. Familv - 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.
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280. �ast Food Restaurent - An establichment �fiich offers quick food cer��ice
a�hich is accc�mplished ihrough one c�r more of the fc�llowing
mechanisms: a. Limited menu of eacily produced itemc. b. Orders are
not taken at the cu�tomer's table. c. Food is sen�ed in dicpo�able
w•rappings or conuiners.
285. ence - A man-made barrier or K�all cor.ctructed for i};e purpose of
enclosing cpace or �eparating parcels of )a��d.
290. Fill �4aterial - Dirt, structur�l rock er _ra��el, brol:en concrete and
similar strvctural substances custom�ril;� L�� to raice the level of the
ground, but excludin� tc+p�oil, b�rk, er��,-aent�l rocl:s or �ra��el placed
on the surface of the ground.
295. Finished Grade -']?�e fi�al car,tour c�f �he lar�d surf2ce prior to
landscaping.
300. Floor - 7?�e hor'izcmt�] surface i,^.side a stru�n�re designed a.rrd :nt�nded
for h�man use and occupancy.
305. Fuei Price Sig� - A�v}-mountrd or p;��stzl si�n displaying the price
of fvel for motoriaed ve,'�icles.
" 7. Geo)oQicallv Hazardous Area • Ar�ZC ��hich because of their
cucceptibilitvto erosion. landslidin�_ seismic. or other g�olosical evenL�.
are not suited to siting commerci�l. residential or indusiria� develo ment
concistent with �ublic hea]th or cafetv conctrns. GeoloQicallv hazardous
arc.zc include ihe fo;lowin� areas:
,�, Erosion Hazard Arez ara thc�se areas havin; serere to verv
,evere erosion hzzard due to natvral aeenu such as wind_ rain.
- cnlzch. frost action or ctream flow.
2 I.andslide HZZard Arezc are z��ce 2re� notenti2l)v cu�iiect to
e�isooic downclone mo��ement of a m2ss of soi] or rc►ck
indudinQ but not limitcd to the fo)lowing areas:
a. Anv area ��it3� a combi;,2tion of:
_f.i] �,l���es�reater th2n IS aercent: and.
�iil PeFmeable �ediment (,pr�dominatelv c2rid 2nd
gravell o�•erl�•in� relativelv permeable sediment
or hedrock ft�,,,,7�allv silt and clav : and.
liii Sprinas or ground u•ater �eega�e.
�i, Anv area �•hich has shou•n movement durin; the
N�locene epoch (from 10.000 vears aco to nresent) or
�•hich is undtrl2in bv m��s �•��tage debris of that epoch.
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�, Anv area notentiallY unctahle �s a recult of rapid stream
incision. ctream hank erosion or undercuttino bv �•a��e
ti n
� Anv area located in a ra��ine c�r on an active alluvial fan.
presentiv or o�tentialiv subiect to inundation b debris
flo��s or floodine.
e Those areas identified bv th� Unit�d States Department
�f Agriculture Soil Conservation Service as havinS a
cevere limitatic�n for huiidina sit� developm�nt.
f 'I?iose areas manaed u c1ZSS u(unstablel, uos funsta�►le
old slidecl. and urs funstat+le recent slidesl �v the
Deputment of Ecolog„v.
� Sio�es havins �radientc greater than 80 nercent subiect
tQ rockfall durin? seicmic shakinr
�, •. Seismic Hazard Are�s, ara those ar�2s subiect to se��ere risk of
• earthquake damx�e as a rasult of seismicallv inducad �round
shakina. slone failure. settlement or soil liouefaction. or surface
faultin¢. These conditions occur in �seas underlain bv
cohesionless soiis of low densirv usua}lv in zcsociation wirh a
shallow Qroundwater table.
4 Steep Slone Hazard kreas are thos� arezs with a sioae of fom
nercent or Qreater and with a��enical relief of ten or .more fett
�a vertical rise of ten feet or mora for everv twentv-five feet of
horizont� distancel. A slone is d�lineztetl bv establishins iu toe
and top and me.�cur�d bv averasi�o the inc�inati�n over at le�st
te� feet or vertical reliei.
310. Jar� - Bo� of the followin;: a. 'i i�e reflection of harsh, bright light.
�+. The ghysical euect resuttin; frorn hi�h tuminznces or insufficiency
shielded li�ht sourccs in tl�e fidd of view.
315. Government Facilitv - A uce consicting a€ sen�ices a.nd faci}ities operated
by 2�y level of govern,�nent, excludin� those uces listed separat�ly in this
code. •
320. Gross Floor Area - 1?�e tot�l square foota;e of aJl fToors, exc}udin,
parking area, in a structurt as measurr.d from either the interior surface
of each exterior wall of the structure or, if the structure does not ha�•e
walis, from each outer edge of L'�e roof. Certain exterior areas may also
constitute gross floor area. See ChaQt�r 1l� of this Code.
325. �iround Floor - The floor of a structure that is closest in ele.•ation to the
finished grade along tht facade of the strucrure that is
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principaJly orien;ed to the si;eet u�hich gre�•ides Frinary accecs 10 i'�e subjtct
propeny.
w'1d b;• O.C�n,s.s
lG:1.
330. �round '�4ounted Sion - Bt+Lh of �he ;ollo��ing: pe't�t�l si�r.s and monu�tnt
signs
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jjs. }�2Z27QOU5 ��'251C -.��� Ge��£C:OLS �+7d eX:Tti�itil' A"e.i.JdQL`5 w'ZSit� )AL�UC�)i1�
subst�.�ces co;npos�3 cf ;a�ic�aai.�� ��d haza:coLS �c�r,�pone�u (sea �C1�'
Ch�pter i0.10�). .
;'�. NiZ2fG0U5 ���L1$ Si(1Ti�C Tr�e halc;n; of c� - � ��:C�S i0i 2 i�:,�!?OIZSY �2f)Ck'� �St'-
��� �iC 1 %�'���-0T�($���.
3�5. �?�areouc \�lacte Tre�tm�nt -�� p?��•siri, c?::;.:;� � o: bie;o�ic�1 prac�ssi OI
G'en3tiQL'S �LZ�i�S ZO 7T,a�;t Si?Ci) �:'L?�S A0� �:2T•£�:Oi:S 01 itSS C��A��i0U5� S2iCf ?OI
i7JISPpT'f, 277?tAfi��� {QI L'Tit;�\' QI ii�ii£f)� T�SQL'Itt itiA�ta'y� 2?T�t�2�1;.'• iC:
storzge, or r�uc� i� volur,.� (s�a �.'AC 1 i3-�4�-0=0t9i�).
J{�. G2[ -�C�t� CiLI�V i1:�S C2`JSt$ S'JD�i'cS?C$S i0 i:5� 7:1 it.:iD�7ei.2It il:�t
t�'e pera►e, expard er v;,e=.go �. )' CiT�tF itae;� t}��.7�=.
3�1. Hei�ht o; Stnc►u;e
3�3, ��eh Den��t� Res�oe�i��3 ��� ':�t:�c,l� o� �1�:1r,o o����s��n,.�� Un:is o:� �.
subject p; opery u�?��ic;� co;�:�ns �t le�st 1,St�� sc L�re :e�t of lat � �a per
ou�eilin� Un]i �Jt 730I TfiOTC 1}'i�'! 7,��� SCL'c:L :�°t ef l�t �sea p�r o::�eilin�
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35�. :�iQ� Densitv Resioent��] Z.ones - ?ne :o�la�•••i;,; zon�s: �.'�'I 2.� �.'�'I ? .8,
�d comg�. �b3e zo�es i� othtr j��r;sdic,:c��s.
�(�. �,OTt1L �CCIi 'e1�0i� -.'_.? CK.CL�2i70i1 C3:i�i4?TiS� cCi2�'�ty OI �ZOiC55;C�i7
which is incidentaJ to a resioenti�l u�e ��n:cn �s c�r,�i � o� ;or p:ofit o:
CUSiQSi c7]��' CcITi� On i0I }i0 lt 2:�fj �'i?lCi] �S i+0: �.'� Oi}?titi+'�S� y?27i+'lJiiCL�+
USG �:1 1�G ZOi1L i71 �+'�',)C}t iI C�CCLTS.
365. Horizont� Dime�sio� - Tn� len�th of �r,� :�c�ec of a s:ructure �s
mezsured aJon; a pl2ne, excJudin;�e���es ���n:cn ex��nd oLt no mo:e tnz�
:8 inches irom t3-,� extenor u�vls of t�e str�c;��;e.
3 i0. H� i - A� institution p:oviding prims� ��ezJth s���ices ��d me.dica] or
SL'T�7C'� C2JG �Car.i_..�t3 .•a -ew: ���e)
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to persons, primarily inpatients, 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, outpatient facilities, extended
care facilities and/or training facilities.
375. Hotel or Motel - A single building or group
of buildings containing individual sleeping
units intended for transient occupancy.
380. Improvement - Any structure or man-made
feature.
385. Industrial Use - The uses allowed in the
industrial zones and not permitted in any
other zones of the City.
390. Industrial Zones - The following zones: OP
and MP.
395. Institutional Uses
schools, churches,
parks, governmental
utilities.
- The following uses:
colleges, hospitals,
facilities and public
400. Instructional Sian - A sign which designates
public information such as, but not limited
to, public restrooms, public telephones,
exitways and hours of operation.
405. Integral Sign - A sign displaying a builc�ing
date, monument citation, commemorative
inscription or similar historic information.
410. Irrevocable License - A written irrevocable
permission.given by a property owner to the
City for specified purposes.
415. Junk - Old or scrap metal, rope, rags,
batteries, paper, rubber, machinery; scrap
wood; debris; trash; or junked, dismantled
or wrecked automobiles or parts thereof.
420. Junk Yard - A property or place of business
which is maintained, operated or used for
storing, keeping, buying, selling or
salvaging junk.
425. Kennel - An establishment, generally retail
in nature, which houses, cares for, breeds,
raises or sells dogs or cats.
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430. Land Surface Modification - The clearing or
removal of trees, shrubs, ground cover and
other vegetation and all grading, excavation
and filling activities.
435. 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.
440. Landward - Toward dry land.
445. Linear Frontaqe of Sublect 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.
450. Lo 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.
455. Low Density Use - A detached dwelling unit on
a subject property that contains at least
7,200 square feet.
460. 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.
465. 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.
467. 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).
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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
awning.
475. Maximum Lot Coveracte - 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
480. 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 unit but not more than
7,199 square feet of lot area per dwelling
unit.
485. Medium Density Zones - The following zones:
RS 5.0 RM 3.6 and comparable zones in other
jurisdictions.
490. �Iean Sea Level - The level of Puget Sound at
zero tide as established by the US Army Corps
of Engineers.
500. Minor Stream - Any stream that does not meet
the definition of major stream.
505 Monument Sian - 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.
510. Moorage Facility - A pier, dock, buoy or
other structure providing docking or moorage
space for waterborne pleasure craft.
512. Multi-Use Complex - 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.
515. Natural Features - Physical characteristics
of the subject property that are not man-
made.
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520. Natural Materials - Materials chemically un-
altered from their natural state.
525. Noise - The intensity, duration and character
of sound from any and all sources.
530. 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 Code
or that was not approved by the City through
the appropriate decision-making process
required under this Code.
535. Non-Livinq Ground Cover - Gravel, chipped
bark or similar non-polluting material
through which water can freely percolate to
the soil beneath.
540. Nursing Home - See "Convalescent Center".
545. Occupant - A person that legally occupies a
structure or property.
550. Odor - Stimulus affecting the olfactory
nerves.
555. Off-Site Directional Sian - A sign which
gives directions to a business or to
merchandise, service, real estate, c}oods or
entertainment which are sold, produced or
furnished at a place within the City other
than the property on which the sign is
located.
560. 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
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office: banks, savings and loan companies,
and similar financial institutions.
565. Office Zones - The following zones: PO.
575. Official Notification Boards of the Citv -
The bulletin boards in the public areas of
City Hall and other public locations as
designated by City Council.
580. On-Site Hazardous Waste Treatment and Storaae
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
585. Open Space - Land not covered by buildings,
roadways, parking areas or other surfaces
through which water can not percolate into
the underlying soils.
590. Ordinary High Watermark - On lakes, streams
and tidal waters, that mark that will be
faund 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 inean high tide.
595. Outdoor - Not contained within a building.
600. Outdoor Storaae - Any material or item,
(including vehicles) being stored for or
awaiting sale, lease, processing or repair
and not enclosed within a building.
605. Owner - In reference to real property, the
person or persons holding fee title to the
property as well as the purchaser or
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purchasers under any real estate contract
involving the real property.
610. Parking Area - Any area designed and/or used
for parking vehicles.
615. Parking St�ace - An area which is improved,
maintained and used for the sole purpose of
temporarily accommodating a motor vehicle
that is not in use.
620. Pedestal Sian - A ground mounted sign which
conforms to the standards of Plate 2.
625. Person - Any individual, partnership,
association, corporation, unit of government
or any other legal entity.
630. Planning 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.
635. Planning Director - The Director or acting
Director of the Planning Department.
640. Planning Official - The Director of the
Planning Department or his/her designee.
650. Political Sian - A sign advertising a
candidate for public office, a political
party or a particular voting preference.
655. Portable Outdoor Sian - An outdoor sign that
is not permanently attached to the ground or
a structure.
660. Primary Vehicular Access - The major street
from which the majority of vehicles enter the
subject property.
665. Private Advertisina Sicrn - 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
do.g" .
680. 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.
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675. Private Notice Sian - A sign announcing a re-
striction or warning regarding the subject
property, such as but not limited to "no
trespassing" or "beware of dog".
680. Private Traffic Direction Siqn - A sign on
private property which provides information
for vehicular movement while on that
property.
685. Proiecting Sign - A sign, other than a wall
mounted or marquee sign, which is attached to
and projects from a structure or building
face.
690. 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:
a. The front property line is any property
line that is adjacent to a right-of-way
which is more than 21 feet in width,
excluding Interstate 5. If the subject
property is adjacent to more than one
right-of-way which is more than 21 feet
in width, the applicant shall designate
which of the 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.
b. The rear property line is any property
line that is farthest from, and
essentially parallel to, the front
property line.
c. The side property line is any property
line other than a front property line or
a rear property line.
695. Public Park - A natural or landscaped area,
provided by a unit of government, to meet the
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active or passive recreational needs of peopk.
Public Works Director - The Director of the Department of Public
Works of the City.
705. Public Utilitx - 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 aze paid for directly by the recipients thereo�. Such
services shall include, but aze not limited to: water supply, eleetric
power, telephone, cablevision, natural gas and transportation for persons
and freight. The term also includes broadcast towers, antennas and
related facilities operated an a commercial basis.
710. Real Estate. Off-Site S�n - A readily rert�ovable sign announcing the
proposed sale or rental of property othet than the property upon which
the sign is located and providing directions to the subject property.
715.
720.
Real Estate. On-Site SiQn - A sign announcina the sale or renta� of the
property upon which the sign is located.
Regulated Lakes - The following wetlands as shovv�c in tke King Caur�ty
Wetlands Inventory Noteb�oks, Volume 3 Sout�:
a. Lower Puget Soeind 6, 7', 12, 1S, 16 and 17.
b. I�ylebos 2, 11, 13, an� 16.
.� .�
- - _-_.��:�- - - - - - _
- ------ • -- - - - - - . -- - --- - . .--
.. . . . ._ . .- --- - - -- - . .._. ....
72�,. Regulated VVetlands - . Those areas that are
inundated ar saturated by surface or groundwater at a freauenc�
duration sufficient to su�uort and that under normal circumstances do
�upport. a prevalence of vegetation t�icallv adanted for life in saturated
�Qil conditions. Wetlands generallv include swamps_ marshes. bogs and
�imilar areas. with the exception of the followin , area�s shown in the
King Count�Wetlands Inventary Notebook. Volume 3 South:
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�3Ef'N�'A:
I. Lower Puget Sound Beach;
2. Lower Puget Sound 1 and 51; and
3. Areas defined as a regulated lake pursuant to definition
3.10.720 of the Federal Way Zoning, Code.
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, d .
�. c 'c . a „a� .
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9 Cl.' l.i r1. I.. nn�: � � �a..
�. ..a vw ... ......... .'.."' "�'_ __'^--a --�----- -- -------
�'
4 0 ' � �.� . t _... .,a a,...a
a�, b
�3tei3:
� �.,_,..,. . ,...:c.,,.,... , ,.,.,,_ .. �:�....a,._ a._,.a,.....
° b �.
Methodology in the Januarv 1989 'Federal Manual for identifvin� and
Delineating Jurisdictional Wetlands' and subseauent United States Army
�orps of En�ineers regulatorv Quidance letters will be used for
rggu ato , delineations of wetlands within the Cit�
Althaugh a site-specific wetland may not meet the criteria described
above, it witl be considered a regulated wet}and if iE is functioaally
related to another that meets the criteria.
7 7 Relative - Persons connected through blood marriage or other legal
relationsh�p hy not more than four (4) de�rees or affinitv or
�n�guini�► an3 including;uersons under le�al �uardianshin
730. Rgquired Yards - Tlte areas° adjacent to and interior: from the property
lines and high wateimark o€ a Jot. If two or mare required yards are
coincidental, tlre azea will be co�sidered the requirec� yard with the
greater dimeasion. Re,c}uire� yards ase categorized as. follows:
a. Front: 'fhat portion of a 1Qt adjacent ta a garallel with_the fro�t
property lines and at a distance therefrom equal to the rec�uired
front yard depth. `.
b. Rear: That portion of a lot adjace�t to and parallel� with the rear
property line and at a distance tlierefrom equal to the require�
rear yard depth.
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c. 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.
d. Side: That portion of a lot adjacent to
and parallel with each side property line
and at a distance therefrom equal to the
required side yard depth. Al1 required
yards not otherwise categorized shall be
designated side yards.
735. Residential Use - Developments and occupancy
in which persons sleep and prepare food,
other than developments used for transient
occupancy.
740. Residential Zone - The following zones: SE,
RS 3 5. 0, RS 15 . 0, RS 9. 6, RS 7. 2, RS 5. 0, RM
3.6, RM 2.4, RM 1.8 and comparable zones in
other jurisdictions.
745. Restaurant or Tavern - Commercial use
(excluding fast food restaurants) which sells
prepared food or beverages and generally for
consumption on the premises.
750. 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.
760. Riaht-of-Way - Land dedicated or conveyed to
the public or a unit of government, the
prima'ry 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.
765. Riaht-of-Way Realignment - The changing of
the horizontal position of the improvements
in a right-of-way.
770. 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.
?75. Runoff - The overland or subsurface flow of
water.
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780. Schools - Institutions
those offering post
offering instruction i
of learning and study
Education Code of the
be taught in public,
schools.
•
of learning, excluding
secondary education,
n the several branches
required by the Basic
State of Washington to
private and parochial
785. SEPA - The State Environmental Policy Act -
R.C.W. Chapter 41.23C.
790. Shared Access Points - A common point of
vehicle access from a street to more than one
lot or use.
800. Sian - Any communication device, structure or
fixture using graphics, letters, figur.es,
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 goods. Painted wall designs or
patterns which do not represent a product,
service or registered trademark, and which do
not identify the user, are not considered
signs. If a painted wall design or pattern
is combined with a sign, only that part of
the design or pattern which cannot be
distinguished from the sign will be con-
sidered as part of the sign.
805. Siqn 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, architec-
tural embellishments and framework. Sign
area is calculated by measuring the perimeter
enclosing the extreme limits of the module or
sign field containing the graphics, Ietters,
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 Ietter, number or symbol and
totalling the square footage of these.
810. Sign Field. - The background upon which the
graphics, letters, figures, symbols,
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trademark or written copy of a sign are
placed.
815. Significant Natural Vecxetation - Any area
containing a concentration of significant
trees; any area of significant biological
importance; and any area containing dense,
mature, native vegetation.
820. Significant 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.
825. Silt or Sediment - The soil particles
mobilized and deposited by the processes of
erosion and deposition.
830. Single Use Buildinq - A building which
contains one use.
835. Small Animals - Dogs, cats, birds, small
exotic animals (snakes, gerbils, mice, guinea
pigs, etc.), and foxes, bob cats and similar
small wild animals.
855. Storm Drainaae - The movement of water, due
to precipitation, either surficially or
subsurficially.
860. St - The area or a structure between the
floor and the horizontal supporting members
of the ceiling directly above that floor. If
a floor is, on average, at least 3 feet below
finished grade, the area between that floor
and the ceiling directiy above is not a
story.
865. Stream - A course or route, formed by nature,
including those modified by man, and
generally consisting of a channel with a bed,
banks or sides throughout substantially all
its length, along which surface waters
naturally and normally flow in draining from
higher to lower elevations.
870. Street - Both of the following: a. A public
right-of-way. b. A vehicular access
easement or tract. �
875. Street Providing Direct Vehicle Access - The
street from which a vehicle can enter the
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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.
880. 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.
885. Structural Alterations - Any change in the
supporting member of a building or structure.
890. Sub7ect Propertv - The entire lo
or series of lots or parcels,
development, activity or use
locate or on which any activity
regulated by or subject to this
will occur or take place.
t or parcel,
on which a
is or will
or condition
Code is or
895. 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 esta�te, off-site sign.
900. Topsoil - The uppermost strata of soil
containing a large percentage of organic
materials and which is capable of providing
suitable nourishment for vegetation.
905. Traffic Control Devices - Signs, signals,
stripes and other mechanical or graphic items
which control the flow, direction or speed of
vehicular and pedestrian traffic.
910. 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.
925. Use - 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.
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935. Vehicle Service Station - A commercial use supplying petroleum products
that are for immediate use in a vehicle.
940. Vehicle Stora�e Area - An ouside area ��hich is used for the ctor2ge
andlor di�play of operationaJ �•ehicles.
945. Vehicular Acce�s E��ement c►r Tract - Pri�•atel�� owned land used and
legally committed, throu;h ezsemenu, plat sestrictions or similar
mechanismc, to pro��iding access for �•ehicles and pedesvians to
properties other than the property ��ithin the tract or easement. 1t m2y
also provide space for utility lines znd a�+purenances and other devices
and facilities benefirting nezrby properties or the purlic.
950. �'Jatl-'�Tounted Sion - A sign anached ta and extendin� not mrre than
eighteen (] 8) inches from the facade or iace of a building or a r�ansard
roof with the ezposed ;ace of the si;n par�llel to the facade or face of ths
buildin� or rnans�rd rocf.
95�. 1�ater�•a - To�•ard the body of ��ater.
9b0. We)1 - The top of the sha� of a�.�ell or simitar u�ates exvactian
facility from w;�ich gotable u•atet is exuacteo.
��_ ��r�ii2t3 �e'�t-cf'c.se=�•�-iz�'c'eo 'ar" - - � �� L•. •.� �
aT6"e=s��izc2. ... .. �E�et'�r�-=�c-��z":... .: _ _ _ _� .t�
��
„� t
. . .... ..".....� . . = .r�..� .. .... � a .
�.. a s t•t. • . � _�:.:..... �tls.t..�� �'_ .�11..
�r�'r23�rJ-9E� eFr"va-Ei-=r�—r; 'c`eice2�- - �
i�C�i�E�2�i*�ir-s^��-=�.'+. "�i.-=i _.'::r.. r........
9 i0. Wholesale Trzde - A conr.:a*ci�l establisrme:zt ��nich selts to reui�
establishmenu. .
975. ne - Use zc�nes as described in Cha� ISLLtIQL'b 7� of this Code.
980. Zenin� 1�4ap - The sezies af ;:,aps adopted by ttre City, a.nd designated
�e o�ci�l zonina map of the Ciry, chQwing �}re geographical locatic►n of
u�e zones ��ithin the municipal t+ovndaries.
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Section 4. The Federal Way Zoning Code, Chapter 80, Environmentally Sensitive
Areas Ordinance, is amended as follows:
80.10 P�r �
The purpose of this Chapter is to protect the environment, human
life and property from harm and degradation. This is to be
achieved by precluding or limiting development in azeas where
development poses serious or special hazards; by preserving and
protecting the quality of drinking water; and by preserving
important ecological areas such as steep slopes, streams, lakes and
wetlands. The public purposes to be achieved by this Chapter
include protection of water quality, ground water recharge,
shoreline stabilization, stream flow maintenance, stability of slope
areas, wildlife and fisheries habitat maintenance, protection of
human life and property and maintenance of natural storm water
storage systems.
80.15 n r 1
The provisions of this Chapter apply throughout the City and must
be complied with regardless of any other conflicting provisions of
this Code. The provisions of this Code that do not conflict with the
provisions of this Chapter apply to the subject property.
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80.20 Jurisdiction
.
This Chapter applies to the subject property if
it -
1. Contains or is within 25 feet of a regulated
slope;
2. Contains or is within 100 feet of a well
head;
3. Contains or is within 100 feet of the top of
any bank of a major stream;
4. Contains or is within 50 feet of the top of
any bank of a minor stream;
5. Contains or is within 25 feet of any
regulated lake; or
6. Contains or is within 100 feet of the edge of
any wetland.
80.25 Other Authority and Jurisdiction.
Nothing in this Chapter in any way limits, or may
be construed to limit, the authority of the City
under any other applicable law, nor in any way
decreases the responsibility of the applicant ta
comply with all other applicable local, state and
federal laws and regulations.
80.30 Administration.
1. General - Except as otherwise established in
this Chapter, this Chapter will be
implemented and enforced as part of the
City's review of any development activity on
the subject property. If the development
activity requires approval through Processes
I, II or III, the provisions of this Chapter
will be implemented as part of these
Processes. If the development activity does
not require approval through Processes I, II
or III, the provisions of this Chapter will
be implemented through site plan review under
� Chapter 175 of this Code.
2. Maps Adopted - The City hereby adopts the
King County Wetlands Inventory Notebook,
Volume 3 South to show the locations of
regulated lakes and certain regulated
wetlands in the City.
80 - 3
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3. Information - The determinations regarding
whether the subject property is regulated
under this Chapter, as well as the extent and
nature of the regulations that will apply to
the subject property, will be determined
based on environmental information and
mapping possessed by the City as well as
other information and mapping provided by or
through the applicant. The City may require
the applicant, at the applicant's expense, to
provide any information, mapping, studies,
materials, inspections or reviews that are
reasonably necessary to implement this
Chapter and to require that such information,
studies, mapping, materials, inspections and
reviews be provided or performed by a
qualified professional acceptable to the
City. Other provisions of this Chapter
detail other information and inspections that
may be required in some instances.
80.35
Reasonable Use of the Subject Froperty.
1. General - The provisions of this Section
establish a mechanism whereby the provisions
of this Chapter may be modified or waived on
a case by case basis if their implementation
would result in the applicant being unable to
use any of the subject property for any
reasonable use.
2. Procedure -
modification
this Chapter
3. Criteria -
modification
this Chapter
the following
An applicant may apply for a
or waiver of the provisions of
using Process iII.
The City may approve a
or waiver of the requirements of
on case by case basis based on
criteria:
a. The application of the provisions of
this Chapter eliminates any profitable
use of the subject property.
b. It is solely the implementation of this
Chapter, and not other factors, which
precludes profitable use of the subject
property.
c. The applicant has in no way created or
exacerbated the condition which forms
the limitation on the use of the subject
80 - 4
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propeRy, nor in any way contributod to such limitation.
d. The knowledge of the applicant of limitations of the subject property when
hc/she acquired the subject property. �
e. The waiver or modification will not lead to, cteatc nor significandy increasc
the risk of injury or death to any person or damage to improvements on or ot�
the subject property.
4. Limitations. Conditions and Restrictions - If the City grants a request under this Seetion,
it shall grant the minimum necessary W provide the applicant with some reasonable�
profitable use of the subject prope:ty, eonsidering the factors described in paragraph 3.a
of this Section. The City may impose any limitadons, conditions and restrictions it
considers appropriate W reduce or eliminate any undesirable effecds or adverse impacts
of granting a request under this Section.
80.37 Exemvtions -1'he followin¢ activities are exemvt from the urovisions of this chavter•
A. EmerQencies. that in the ovinion of the PlanninQ Official threaten the �ublic heahh
safetv and welfare:
B. Normal and routine maintenance and renair of the followin¢ facilities. for which a
maintenance nian has been aooroved bv the Public Works Director:
1. Existin¢ drainase ditches urovided. however. that this ezeeution shall not sunl�r
to anY ditches used bv salmonids other than to oermit free miQration of
salmonid W their svawnin¢ ¢rounds:
2. Surface water facilities. vrovid�d that such activities shall not involve
conversion of anv re¢ulated wetland not currentiv beine uscd for such activit,y:
3. ExistinQ �ublic facilities and utilitv structures or rirht-of-wav.
1'he maintenance nlan mav be desisned to address individuat fac'il'ities ar facilitv
comvonents. area-wide faciliti�s or citv-wide svstems. The maintenance �lan shall
identifv the nature of the votential maintenance or revair activities svecifications for
work which mav occur within notential sensitive areas st�ecifications for resWring and/or
miti�atin¢ imoacts, sneeifications for timin¢ of maintenance or nvair activities, and
process for contactin¢ or notifvinc the Citv of vendin¢ maintenance or reuair activities
to ensure comnliance with the sovroved vlan. Thc Public Works Direetor mav rwuire
that an snnrovriate bond or securitv be maintaincd with the Citv to ensure restoration of
disturbed areas.
80.40 Avveais of Determination Made Under This Cha�ter
Any determination made by the Planning Official under thia Chapter may be appealed using the procedures
established for appeals of interpretations under Chapter 175 of this Code.
80.45 onds
The City may require the applicant to dedicate development rights or an open space easement to City W
insure protection of steep slopes, wells, sts+eams, regulated lsices and regulated wet}ands and other areas
within the jurisdiction of this Chapter.
80.55 Liab' 't
Prior to issuance of any building permit or other permit by the Building Official, the applicant may be
required to enter into an agreement with the City, in a form acceptable to the City Attorney *****
80-5
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releasing and indemnifying the City from and for
any damage or liability resulting from any
development activity on the subject property which
is related to the physical condition of the steep
slope, stream, regulated lake or regulated wetland.
This agreement shall be recorded in King County, at
the applicant's expense, and shall run with the
property.
The City may also require the applicant to obtain
insurance coverage for damage to City or private
property and/or City liability related to any such
development activity.
80.60 General Site Design RecZuirements for the Subiect
Propertv.
1. General - The applicant shall locate all
improvements on subject property to minimize
adverse impacts in steep slopes, wells,
streams, regulated lakes and regulated
wetlands.
2. Phvsical Barriers - The applicant shall
install a berm, curb or other physical barrier
during construction and, if necessary,
following completion of development of the
subject property, to prevent direct run-off
and erosion from any disturbed area onto or
into a steep slope, any area within 100 feet
of a well head, a stream, a regulated lake or
a regulated wetland.
3. Vehicle Circulation Areas - The applicant
shall locate all parking and vehicle
circulation areas as far as possible from any
steep slope, well head, stream, regulated lake
and regulated wetland.
4. The City may limit development activities
which involve any land surface modification to
specific months of the year and to a maximum
number of continuous days or hours in order to
minimize adverse impacts.
5. The City may require other construction
techniques, conditions and restrictions on
development in order to minimize adverse
impacts on steep slopes, wells, streams,
regulated lakes or regulated wetlands.
80 - 6
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• �:�ru��T • L_ � • . _ / " � !� " 1 tl �
This Section regulates development acti�•ities 2nd land surface
modifications on or within 25 feet of a-_n;•�-��' :� �eologicallv
a _._.-- r-
ha.Z2fdOUS aTP.2.
1. ene - Development activities, land surface modifications or the
installation and maintenance of landscaping norma]ly associated
with residential, commerci� or park use may not occur on or with
25 feet of a-��_'-_�_a _'._r_ oeolc�oic�Jlv hazardous area un�ess no
Fe2SQTla �lternative exists and t;en only if the development
activity or l�nd surface mc�ificatio� v.•ill not lead ta or create any
incre.ased slide, seismic or erosion� hazzsd.
2. Reouired Informatio� - Before app :o��in; an)' de��elopment activity
or I�nd surface nodification under this Section, the City may
require the applicant to subnit the iollou•in� inform2tion:
a. A soils ; eport p: epared try a qu�lified professional engineer
• licensed in the State of Washin�ton which describes haw
the progosed dev�}opment wii� impact each of the followina
on the subject pro�ert�r a.nd nearby proper►ies:
1. Slape st�bility� l2ttosiide h�2rd � S3oUahing.
2. Seismic hausds.
3. Gro�nd watei .
4. Seegs, sp�naS and o►her sur;ace waters.
5. Exisvng vege�atio�.
b. Recommend founda►ian desi�n ��d optimal locatio� for
roadway imprnvements. �
c. Recommended me�hods for mitieating identifieti imgacts
and a description of how these mitiaating measures may
impact adjacent properties.
d. Any other information the City determines is reasonably
necessary to eva]uate the proposal.
3. If the City approves any development activity or land surface
modification under this * "` '� � _ _ � � * - * * *
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Section it may, amongst other appropriate
conditions, impose the following conditions
of approval:
a. That the recommendations of the soils
report be followed.
b. That the applicant pay for the services
of qualified professional engineer
selected and retained by the City to
review the soils report and other
relevant information.
c. That a qualified professional engineer
be present on site during all land
surface modification activities.
d. That trees, shrubs and ground cover be
retained except where necessary for
approved development activities on the
subject property.
e. That additional vegetation be planted in
disturbed areas.
80.70
80.75
Well Heads.
Any well constructed after March 1, 1990 must
comply with the siting criteria of W.A.C. Chapter
173 - 160, as now existing or as hereafter
amended. Any improvement or use on the subject
property erected or engaged in after March 1, 1990
must comply with the requirements in W.A.C.
Chapter 173 - 160, as now existing or as hereafter
amended, regarding separation of wells from
sources Qf pollution.
Streams - General.
1. Setbacks - No land surface modification or
improvement may take place or be located in a
stream or within the following setback areas
except as allowed within this Chapter:
a. The setback
includes all
outward from
major stream.
area for a major stream
areas within 100 feet
the top of each bank of a
b. The setback
includes all
outward from
minor stream.
area for a minor stream
areas within 50 feet
the top of each bank of a
80 - 8
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2. Exceptions - The setback areas established by
this Section do not apply to any segment of a
stream that is presently within a culvert,
unless that stream will be taken out of the
culvert as part of development of the subj ect
property.
80.80 Streams - Relocation.
1. General - Relocation of a stream on the
subject property is permitted subject to
all of the conditions and restrictions of
this Section.
2. Required Process - A proposal to relocate
a stream will be reviewed and decided
upon using Process III of this Code.
3. Rectuired Information - As part of any
request under this Section, the applicant
must submit a stream relocation plan,
prepared by a qualified professional
approved by the City, that shows the
following:
a. The creation of a natural meander
pattern.
b. The formation of gentle side slopes,
at least 2 feet horizontally to one
foot vertically, and the
installation of erosion control
features for stream side slopes.
c. The creation of a narrow subchannel,
where feasible, against the south or
west bank.
d. The utilization of natural
materials, wherever possible.
e. The use of vegetation normally
associated with streams, including
primarily native riparian
vegetation.
f. The creation of spawning and nesting
areas, wherever appropriate.
g. The re-establishment of the fish
population, wherever feasible.
80 - 9
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h. The restoration of water flow
characteristics compatible with fish
habitat areas, wherever feasible.
i. The filling and revegetation of the
prior channel.
j. A proposed Phasing Plan specifying
time of year for all project phases.
4. Criteria - The City will allow a stream
to be relocated only if water quality,
habitat and storm water retention
capability of the streams will be
significantly improved by the relocation.
Convenience to the applicant in order to
facilitate general site design may not be
considered.
5. Inspections - Prior to diverting water
into the new channel, a qualified
professional approved by the City shall
inspect the new channel following its
completion and issue a written report to
the Planning Official stating that the
channel complies with the requirements of
this Section.
6. Flow Characteristics - The amount of flow
and velocity of the stream may not be
increased or decreased as the stream
enters or leaves the subject property.
80.85 Streams - Bulkheads.
1. General - A bulkhead may not be located in o�
along a stream except as established in this
Section.
2. Required Permit - A request for a bulkhead in
or along the stream will be reviewed and
decided upon using Process I.
3. Criteria - A request to locate a bulkhead in
or along the stream will only be granted if
the bulkhead is needed to prevent significant
erosion and the use of vegetation will not
sufficiently stabilize the bank to prevent
this erosion.
4. Design Characteristics - The bulkhead, if
permitted, must be designed to minimize the
transmittal of water current to other
properties. Changes in the horizontal or
$0 - 10
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vertical configuration of the land in or
around the stream must be kept to a minimum.
Streams - Culverts
1.
2.
3.
General - Culverts are permitted in streams
only if approved under this Section.
80.95
Required Permit - The City will review and
decide upon applications under this Code using
Process I.
Criteria - The City will allow a stream to be
put in a culvert only if-
a. No significant habitat area will be
destroyed; and
b. It is necessary for some reasonable use
of the subject property. Convenience to
the applicant in order to facilitate
general site design will not be
considered. The applicant must
demonstrate, by submitting alternative
site plans showing the stream in an open
condition, that no other reasonable site
design exists.
4. Design and Construction - The culvert must be
designed and installed to allow passage of
fish inhabiting or using the stream. The
culvert must be large enough to accompnodate a
100-year storm.
5. Maintenance - The applicant shall, at all
times, keep all culverts on the subject
property free of debris and sediment so as to
allow free passage of water and, if
applicable, fish. The City shall require a
bond under Chapter 180 of this Code to ensure
maintenance of the culvert approved under this
Section.
Streams - Removal of Streams from Culverts.
If development of the subject property requires
approval through Processes I, II or III of this
Code, the City may require the stream to be taken
out of the culvert and restored to a natural-like
configuration as part of the City's approval of
development of the subject property.
80 - 11
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80.100 Streams - Rehabilitation
•
The Planning Official may permit or require the
applicant to rehabilitate or maintain a stream by
requiring the removal of detrimental materials such
as debris, sentiment and inappropriate vegetation
and by requiring the planting of native vegetation.
These actions may be permitted or required at any
time that a condition detrimental to water quality
or habitat exists.
80.105 Streams - Intrusion Into Setbacks.
1. Essential Public Facilities and Utilities -
The Planning Official may permit the placement
of an essential public facility or utility in
a setback from a stream if he/she determines
that the line or improvement must traverse the
setback area because no feasible alternative
location exists based on an analysis of
technology and system efficiency. The
specific location and extent of the intrusion
into the setback area must canstitute the
minimum necessary encroachment to meet the
requirements of the public facility or
utility.
2. Minor Improvements - Minor improvements such
as foot bridges crossing the stream, walkways
and benches may be located within the setback
area if approved through Process I based on
the following criteria:
a. It will not adversely af�ect water
guality.
b. It will not destroy nor damage a
significant habitat area.
c. It will not adversely affect drainage or
storm water retention capabilities.
d. It will not lend to unstable earth
conditions nor create erosion hazards.
e. It will not be materially detrimental to
any other property nor to the City as a
whole, including the loss of significant
open space or scenic vista.
3. Other Intrusions - Other than as specified in
paragraphs 1 and 2 of this Section, the City
may approve any request to locate an
improvement or engage in land surface
80 - 12
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modification within stream setback areas only
through Process II, based on the following
criteria:
a. It will not adversely affect water
quality.
b. It will not destroy nor damage a
significant habitat area.
c. It will not adversely affect drainage or
storm water retention capabilities.
d. It will not lend to unstable earth
conditions nor create erosion hazards.
e. It will not be materially detrimental to
any other property in the area of the
subject property nor to the City as a
whole, including the loss of significant
open space or scenic vista.
f. It is necessary for reasonable
development of the subject property.
80.110 Streams - Additional Requirements For Land Surface
Modification.
If any land surface modification is permitted
within the stream or stream setback area, the
applicant shall comply with the following
additional requirements:
1. All fill material used must be nondisolving
and nondecomposing. The fill material must
not contain organic or inorganic material that
would be detrimental to water quality or the
existing habitat.
2. The applicant may deposit dredge spoils on the
subject property only if part of an approved
development on the subject property.
3. The applicant shall stabilize all areas left
exposed after land surface modification with
native vegetation normally associated with the
stream or setback area.
80.115 Regulated Lakes - General.
No structure, improvement nor land surface
modification may be constructed or take place
within regulated lakes or within setback areas from
regulated lakes except as allowed in this Chapter.
80 - 13
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80.120 Regulated Lakes - Setback Areas.
�
All areas landward 25' in every direction from the
ordinary high watermark of a regulated lake is
within the setback area from a regulated lake.
80.125 Regulated Lakes - Activities and Improvements
Waterward of the Ordinary High Watermark.
This Section regulates structures, improvements and
activities waterward of the ordinary high watermark
of regulated lakes.
l. Dredqing and Fillinq - Except as permitted in
conjunction with activities regulated under
Sections 155 and 160 of this Chapter, dredging
and filling waterward of the ordinary high
watermark of a regulated lake is prohibited.
2. Structures and Improvements - Except as
permitted in conjunction with activities
regulated under Sections 155 and 160 of this
Chapter, the only structures or improvements
that may be located waterward of the ordinary
high watermark of a regulated lake are moorage
structures. The City will review and decide
upon any proposal for a moorage structure
waterward of the ordinary high watermark using
Process I. The City may grant a request under
this Section if the moorage structure is
accessory to a dwelling unit or public park on
the subject property and no significant
habitat area will be damaged by its
construction or use. A moorage structure, if
permitted, may not extend waterward further
than is reasonably necessary to function
properly, but in no event more than 200 feet
waterward of the ordinary high watermark.
Moorage structures may not be treated with
creosote, oil base or other toxic substances.
The top of the moorage structure may not be
more than 2 feet above the ordinary high
watermark.
80.130 Regulated Lakes - Activities and Improvements
Within the Required Setback Areas from Regulated
� Lakes
No structure, improvement nor land surface
modification may be located or take place within
the setback area from a regulated lake except as
allowed in this Section.
80 - 14
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1. Landscaping and Land Surface Modification -
Except as otherwise specifically permitted in
this Section, the setback area from a
regulated lake may not be covered with
impervious surface. The installation and
maintenance of landscaping normally associated
with residential or park use may take place
within the required setback area, provided
that no fertilizers, pesticides or other
chemicals or substances are applied within the
setback area that will degrade water quality
or hasten eutrophication of the lake. Land
surface modification beyond installation and
maintenance of landscaping normally associated
with residential or park use may only be
permitted within the setback area if approved
through Process I based on the following
criteria:
a. The proposed land surface modification is
necessary for the reasonable use of the
subject property.
b. The land surface modification will not
increase or decrease the size of the
regulated lake.
c. The land surface modification will not
change the points where any water enters
or leaves the sublect property nor in any
way change drainage patterns to or from
adjacent properties. �
d. The proposed land surface modification
will not be detrimental to water quality
or habitats in or around the lake.
2. Minor Structures and Improvements - Minor
improvements such as walkways, benches,
platforms for storage o€ small boats and small
storage lockers for paddles, oars, life
preservers and similar boating equipment may
be located within the setback area if approved
by the Planning Official based on the
following criteria:
a. The minor improvement will not adversely
effect water quality.
b. The minor improvement will not destroy
nor damage a significant habitat area.
80 - 15
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c. The minor improvement will not adversely
effect drainage or storm water retention
capabilities.
d. The minor improvement will not be
materially detrimental to any other
property in the area of the subject
property nor to the City as whole,
including the loss of significant open
space or scenic vistas.
3. Essential� Public Facilities and Utilities -
The Planning Official may permit the placement
of an essential public facility or utility in
the setback area if he/she determines that the
line or improvement must traverse the setback
area because no feasible alternative location
exists based on an analysis of technology and
system efficiency. The specific location and
exter�t of the intrusion into the setback area
must constitute the minimum necessary
encroachment to the meet the requirements of
the public facility or utility.
4. Other Intrusions -
a. Where the properties immediately ahutting
the subject property have dwelling units
which extend into the setback area, the
applicant may construct a dwelling unit
on the subject property that extends into
this setback area to the extent permitted
in paragraph 4.b of this Section.
b. Where paragraph 4.a of this Section
applies, the dwelling unit on the subject
property may be no closer to the ordinary
high watermark of the regulated lake then
the average of the distance of the two
dwelling units on the properties
immediately abutting the subject
property. If one of the properties
immediately abutting the subject property
does not contain a dwelling unit or the
dwelling unit on that abutting property
is more than 25 feet from the ordinary
high watermark of the regulated lake, the
setback of the dwelling unit on that lot
will be presumed to be 25 feet for the
purposes of calculating the permissible
location for the dwelling unit on the
subject property under this Section.
80 - 16
80.I35
80.140
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5. Reve etation - The applicant shall stabilize all areas left exposed
after land surface modification with appropriate vegetation.
'_- �• -- - •- .. .
The Planning Official may permit or require the applicant to rehabilitate
or maintain a regulated lake by requiring the removal of detrimental
materials such as debris, sediment and inappropriate vegetation and by
requiring the planting of native vegetation. These actions may be
permitted or required at any time that a condition detrime�tal to water
quality or habitat exists.
Re�ulated Lakes - Bulkheads
1.
�
2.
3.
ne - A bulkhead is gernutte� witliin or adjacent to a regulated
lake subject to the provisions of this Section.
Required Permit - The City will review an deei�e upon an
application under this Section using Process I.
'teri - The City rnay perr�it a bulkhead to be constructed only
if:
a.
b.
The bulkhead is needed to grever�t significant e�rosion; a�d
The use: of vegetatio� will not sufficie�tly stabilize the
shareline to prevent tHe significant erosion.
4. Design Features - A bullchead may not be locate� between a
regulated lake and a wedand. Changes in the horizontal or vertical
-configuration of the land must be kept to a minirnum. The
bulkhead must be designed to minimize the transmittal o� wave
energy to other pmperties.
80.145 ��te�ulated Wetlands - Determination of ReQUlated Wetland
1. General - This Section contains procedures and criteria for
�eterrtlining whether an area, othef than those areas defin� as
regulated wedands under Sec�ion 3.10.725 of this Cate, is a
regulated wetland under this Code.
�
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2, v ua i -'Ihe Planning Official shall m2ke an initial eva]uation
based on information provided or a�•ailable to the City to
determine if the subject property contains or is within 100 feet of
any mapped or unmapped wetland �•hich may constitute a
regulated wetland under this Code.
�
a. An evaluation
definitions in
Wetland".
L�
c.
�
of the area in question bascd on the
this Code of =��a'�'--�, a���Q "Regulated
An overview o€ the methodolo?y us°d to conduct t};e study.
A description of the wetland, inc�udin� a map identifyino
the edge of the wetland and plant comrnunitics and dtt2iled
descrip�an af the method used to identify the wet�a,�d edge.
'�e wetland c?assification (U.S. �ish and W1d�ifa Service
"Classificatio;t of Wet�ands and Dr�p Water I�abitats in tno
t3.S."), as now existing or as hereaiter 2mended. .
e. A�ist of observed plant and wildlife specits, using both
scientific and commor� names, 2nd a des�cription of their
relative abundance.
f. A list of potential p}arrtor animai s�ies based:on signs or
othe� observation�.
80.150
3. Determination - The Planning Offici2l shall usc the information
provided under pa.rzgrap� 2 of this S�,:tion to determine whether
a regu2ated wetland exists on or within 100 feei of che property
and, if so, the pr�ise bou�daries of that reaulated wetland.
Regulated Wetlands - Setback Areas.
The setbac� area from a regulated wet]and is all lar�d withirt 100 €�t in
every direction up�a,�d fram the edge af the reQulateEi wetland.
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80.155 Regulated Wetlands - Structures. Improvements and Land Surface Modification Within Regulate�
Wetlands
1. General - No land surface modification may take place and no structure or improvement
may be located in a regulated wetland ezcept as provided in this Section.
2. Public Park - The City may allow pedestrian access through a regulated wetland in
conjunction with a public park. The access, if approved, must be designed to the
maximum extent feasible to protect the wetland kom aay adverse effects or impacts of
the access and to limit the access to the defined access area.
Rehabilitation - The Planning Official may permit or require the applicant to rehabilitate
and maintain a regulated wetland by removing detrimental material such as debris aad
inappropriate vegetation and by requiring that native vegetation be planted. Theee actions
may be required at any time khat a condition detrimental to water quality or habitat exists.
4. Essential Public Facilities and Utilities - Essential public facilities and utilities may be
nermitted in a regulated wetland usin$ Process III if it is determined that the line or
imnrovement must traverse the reQUlated wetland because no feasible alternative location
exists based on an analysis of technologv, svstem efficiencv and cost. The s�ecific
location and extent of the intrusion into the reEulated wetland must constitute the
minimum necessary encroachment to meet the reguirements of the public facilitv or
utility. Approval of a request to locate essential public utilities and facilities within a
re�ulated wetland throuQh Process III shall be based on a the following criteria:
a. It will not adversely affect water qualitv.
b. It will not destroy nor damage a significant habitat area.
c. It will not adversely affect drainage or storm water retention capabilities.
d. It will not lead to unstable earth conditions nor create erosion hazards.
e. It will not be materially detrimental to any other property in the area of the
subiect property nor to the Citv as a whole, including the loss of siPnificant oaen
s�ace or scenic vista.
f. It will iesult in no net loss of wetland area. function or value.
� The project is in the best interest of the public health, safety or welfare.
80.160 ReQUlated Wetlands - Structures. Improvements and Land Surface Modification Within the Setback
Areas from Regulatsd Wetlande
General - Except as allowed in tlus Section, no laad surface modification may take place
and no structure or improvement may be located within the setback area from a regulated
wetland.
2. Essential Public Facilities and Utility - The Planning Official may permit the placem�t
of an essential public facility or utility in a setback area from a regulated wetland if
he/she determines that the line or improvement must traverse the setback area because
no feasible or alternative location exists based on an analysis of technology and system
efficiency. The specific l�ation and exteat of the intrusion into the setback area must
constitute the minimum necessary encroachment to meet the requirements of the public
facility or utility.
3. Minor Improvements - Minor improveme�ts such as foot bridges, walkways and be,nches
� * * * * * * * * * * * * * * * * * * * * * * * * * * *
80-19
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located within the setback area from a
regulated wetland if approved through Process
I based on the following criteria:
a. It will not adversely affect water
quality.
b. It will not destroy nor damage a
significant habitat area.
c. It will not adversely affect drainage or
storm water retention capabilities.
d. It will not lend to unstable earth
conditions nor create erosion hazards.
e. It will not be materially detrimental to
any other property in the area of the
subject property nor to the City as a
whole, including the loss of significant
open space or scenic vista.
4. Modification - Other than as specified in
paragraphs 2 and 3 of this Section, the City
may approve any request to locate an
improvement or engage in land surface
modification within the setback area from a
regulated wetland through Process II, based on
the following criteria:
a. It will not adversely affect water
quality.
b. It wi11 not destroy nor damage a
significant habitat area.
c. It will not adversely affect drainage or
storm water retention capabilities.
d. It will not lead to unstable earth
conditions nor create erosion hazards.
e. It will not be materially detrimental to
any other property in the area of the
subject property nor to the City as a
whole, including the loss of significant
open space or scenic vista.
f. It is necessary for reasonable
development of the subject property.
80 - 20
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5. ReveQetation - The applicant shall stabilize a112reas left exposed aftcr land
surface modification with native ��egetation normally associated with the
setback area.
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Section 5• The Federal Way Environmental Policy Ordinance, Chapter 20, is
amended to add the following within Section 20.30.
20.30 Additional Definitions
In addition to those definitions contained within WAC 197-11-700 through 799,
when used in this chapter the following te�ms shall have tries�e tneanings, unless
the content indicates otherwise: � '
� � � _ � ' 1 . ' i_ �! �A �= L ' s� • '
.�l_-_ 1 -_ i � l� : _
._�i+�� � _�1!=11 •��1 �_i� .� r. .�•� •.a • �� 1•_ l � l'
� � � 1 � • • � -_ �� _ � � . � � . . �;i
y����. �.• � i• �i� 1�' • ll•1-' . 1 . .Sr: r;� i �� � � �
c_1�= -_L� l _1 _ -._i_�_ - �4 � W �� I ._ . . � � . • . � t, _�� �
��� r •
�4:� "Departmait" means any d.ivision, subdivision oF organizational unit of
the City astablished by ordi�ancx, rule or ordar.
$.�,, "Farly Atoticx" means the city'.s response to an applicar►t stating wbether
it conside�s : issuance of a�e�rmination of , significance. lik�elly for the
applicant's proposal. .
� _ . . � � . � _ Y • � \ ' ./ �' i � .
-- � • : �Y•_ _ d :_I�� SL _-_ 1 1�! - ! •. ' Il _
. � • L •._ !; 1.. ! ' 7�.-�1 . '1 != � _ i - � �_ _ _l l_ ! �_ - i_ �
-���� � ��� i•� � 1. � . �� � ��� . � � ._l lr �i�:r: ��
. �_ -
� r v_� � � � I -._ �. 1 � � �1 � i! �� � '1_ • . ci.. •
i 1_ � _! 1. �l �_•__1 ' i! l C� : =� - � ,- 1 � � Ya�_rt �
�s _� � .�•
e . � _ . _ ._;�. '1���� � •✓ 1��_L- �
• � � •_. - - � � _ - i • ' � ,_
3 , • - ' L�_ . � :� �Z � ll 7it ! 1 � r;
« ��� � � � . 1 � � � _�
. � � �� � • � _ 1 � � - . ►
� _ �
�. ��� � . � "_� 1 + -_ ^� l ' - ll � i � .
• � • �� � ._. ! �
; , � � � � • � •
�
Y
FREQUENTLY FLOODED AREA
GEOLOGICALLY HAZARDOUS AREA
SEISMIC HAZARD AREA
STEEP SLOPE HAZARD
� �
�L, "�Vorldng Day" means a day upon which the City is open for business.
Other references to days refer to ralendar d.ays.
Section 6• The Federal Way Environmental Policy Ordinance, Chapter 20, is
amended to add the following with Section 20.280.
20.280 Environmentally Sensitive Areas
1 � . . �• -i�_ •_ ..� si _�� �� �� -� . �• -_ .� ._ � •�� . -_
- � • � _� � • ' . 1 1.1
- - � � . , i � �- . � 1 � -•-
. � �.
� . , �i_
..� •.l� � -. �. �_r � � . � • . .r.
( � " .� � � / �� .._��r:_
' �� • • r: _ . . � � . �._r,A . 1 �
•_ ! �
� r- l � _ � i [�111 1 !�-- :.i � - l�_ t �.'1�._� i � � � � ��_�!_,
1 - _ .. � �� � .�. • � 1 •_L _ l.. � � • i � ._� . 1 • �.� � _ � 1 � ! -�
� . : l ! _ �� � _ - � i � _lz _ � •_ 1 � ._ _ • 1 � � _ � eil l
1 . 1_ •_ i _i ! ll �l•_ � � 1 _! �� -_ i! _
The Cit�r's "environmental�v-cen�ft;y� �s �4ho" ��rised o� maac
and documentsl - " • . . •
: �` ,
. , generallv designatcs the location of
environmentally seasidve areas within the City and is adop� by
re€erence, as now eusts or is as mav be aniertded,
�_. __ �. z •� _ ._ � ... � _ _��u��� • .
.�. .-_
� �_i _ ���i! • • �. � � 1 ! � �111 _ �= �_) �
- �►S � . _ .'� • � � � � � � � � . i � • � -
� � \ � � � � . � � � � � �� - �
- �y�W. L� - , ' ' _ _ _ � - � �
� 1 . �_ �<<_ ► � _ � � / i� , • . •
- - � . � y ��� i � � � , . _� . 7 �� i �. �
� � �
�
For each environmentally sensitive area, the exemptions within WAC 197-
11-800 that are inapplicable for that area are:
0
0
e
WAC 197-11-800(1)
WAC 197-11-800 (2)(�g)
WAC 197-11-800(�(a)
WAC 197-11-800(24)(a�;e,g)
�
Minor new construction - flexible
threshold.
�eFg��lfs: Other minQr
new construction.
Nlinor land use deeisions - short plat
approval.
Utilities.
Unidentified exemptions shall continue to apply within environmentally
sensitive areas of the City.
�ection 7- Ratification_ Any act consistent with the author�ty and prior to the
effective date of this ordinarnx is hereby ratified and affirmzd.
��on 8- Severabilitv. The grovrsions of this ordinance are dec�arcd sc�ate
and severable. The invali�ity of any clause,> sentence, ParagraF�i, subdivision, section, or
portion of t�is ordinance or the invatidity o€ tha app�ic�tion thereof to any person or
circumstance, shall not affe�t the validity af t�e- remainder o€ the ordinance, of tl�a vatidity af
its application to other persons or circamstarr�cxs.
Section 9- Effective Date. 'Fhis ordinance s�all be effective five (5) days after
passage and publication of an approved summaFy of this ardinance.
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, CMC
�.. � , � �.
�i . �� � .'�_.'G!/ /�
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PASSED by the City Council of the City of Federal Way this
August , 199L
Mayor, Debra Ertel
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: August 25, 1991
EFFECTIVE DATE: �ugust 30,
ORDINANCE NO. 91-105
August l5, 1991
August 20, 1991
1991
2oth day of