Ord 91-100
ORDINANCE
91-100
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43) BY
ADDING A NEW SECTION 20.11, PERTAINING TO SINGLE-FAMILY
RESIDENTIAL DISTRICTS TO ALLOW TEMPORARY ACCESSORY
HARDSHIP DWELLING UNITS IN EXCEPTIONAL CIRCUMSTANCES,
APPROVED THROUGH PROCESS I, AND BY AMENDING ZONING CODE
SECTION 3.10 TO ADD THE DEFINITIONS OF ACCESSORY HARDSHIP
DWELLING UNITS, HARDSHIP, AND RELATIVE.
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 contains criteria for amending
Zoning Code text; and
WHEREAS, a threshold review of this proposal having been considered by the
Federal Way City Council, 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 April 3 and April 17, 1991, and all public notice having duly been given, pursuant
to Federal Way Zoning Code §160.30 and §160AO; 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 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 foJlowing Conclusions
of Law:
cø"r
A.
The proposed amendments are consistent with the applicable provisions of
the Comprehensive Plan. Under the Land Use section of the Comprehensive, policies H-IO and
H-13 state:
H-lO:
"Use zoning and other types of regulatory techniques to assure a
mix of housing sizes and values, and to maintain choice of housing
and affordability for a broad range of income groups.
Recognize all types of residential dwelling units, such as mobile
homes and modular manufactured units, as acceptable sources of
housing subject to good design and placement.
H-13:
B. The proposed amendments bear a substantial relation to public health,
safety and welfare. Affordable and comfortable living quarters, and having relatives close by,
are elements critical to the well-being among many family members in the community. The
combination of housing and support services is often the key to helping people maintain self-
esteem in their latter years; to helping special people succeed with treatment programs and
assisting them to live as independently as possible.
This amendment facilitates a "caregiver" role by family members and
diminishes, somewhat, reliance on public support and facilities.
C.
The proposed amendments are in the best interest of the residents of the
City.
Concerns regarding a need to provide temporary accessory living quarters
for dependent family members in districts zoned single-family residential have ben voiced in
different areas of the community.
This amendment provides a regulatory process to accommodate a
residential land-use need and adopts criteria and standards to further protect the surrounding
neighborhood. The intent is to ensure that accessory housing will not visually destroy the single-
family character of the neighborhood.
Section 3. The Federal Way Zoning Code, Chapter 20, is amended to add a new
section 20.11 as set out in Exhibit A, attached hereto and incorporated herein by reference.
Section 4. The Federal Way Zoning Code, Chapter 3, is amended to add the
following:
Section 5 - Ratification. Any act consistent with the authority, and prior to the
effective date of this ordinance, is hereby ratified and affirmed.
Section 6 - Severability. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or
portion of this ordinance or the invalidity of the application thereof to any person or
circumstance, shall not affect the validity of the remainder of the ordinance or the validity of
its application to other persons or circumstances.
Section 7 - Effective Date. This ordinance shall be effective five (5) days after
passage and publication of an approved summary consisting of the title of this ordinance.
PASSED by the City Council of the City of Federal Way this ~ day of
June
, 1991.
91¡zÁ f9Þ/
Mayor, Debra Ertel
'p
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: June 7, 1991
EFFECTIVE DATE: June 12, 1991
ORDINANCE NO. 91-100
Kay 30, 1991
June 4,1991
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.
010.
.QlL
012.
015.
020.
EXHIBIT .fl.
AbandoneQ - 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 Dwelling 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 usuallv intended to be used as separate dwelling units.
Accessorv 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.
Adjoining - Property that touches or is directly across a street from the
subject property. For the purpose of height regulations, any portion of a
structure which is more than 100 feet from a low density zone is not
considered to be adjoining that zone.
Adult Entertainment Activity or Use - 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
virtue of age.
a.
SDecified anatomical areas - Both of the following:
3- 1
1)
When less than completely
opaquely covered -
and
a)
Human genitals
region;
or
pubic
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 establishment
which in whole or in portion thereof has
a substantial or significant portion of
its stock and trade books, magazines or
other periodicals, which are
distinguished or characterized by an
emphasis on matter depicting, describing
or relating to "specified sexual
activities" or "specified anatomical
areas" (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
3 - 2
022.
025.
030.
035.
040.
050.
055.
070.
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.
Agricultural Use - Any agricultural, stable or livestock use listed
as an allowable use in the Suburban Estate zones.
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 of 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. (R,,¡,," by O,dinœ" 9()'SI)
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.
3 - 3
075.
085.
Q.8.L
090.
100.
105.
130.
135.
137.
140.
Buildin~ Mounted Si~ns - 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 Durooses includin£ columbariums
crematories mausoleums and mortuaries. and related uses when
oDerated in conjunction with and within boundaries of such cemetery.
Center Jdentification 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£in£ 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 SvnaW!1Ue or Other Place of Reli~ious WorshiD - 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.
Code (this) - 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 CDnstitliting the official Zoning
Code of the City of Federal Way adopted pursuant to RCW 35A.63.100
and Washington State Constitution, Article XI, Section II.
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 free.
Commercial Use - The uses allowed in the commercial zones and not
permitted in any other zones of the City.
Commercial Zones - BN, BC and CC.
3 - 4
145.
150.
155.
160.
165.
170.
175
Common Recreational Open Space Usable for
Manv 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
driving areas;
or
parking
or
b.
Covered by any vegetation
access; and
that
impedes
c.
On a slope that is
recreational activities.
for
too
steep
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
form time to time, under RCW 35A.63.060
through RCW 35A.65.080 and the Shoreline
Master Program.
Construction Siqn - 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 or
developmental disabilities; terminal illness;
or alcohol or drug treatment. Out-patient
care is limited to prior in-patients only.
Cross, Section (Drawinq) A visual
representation of a vertical cut through a
structure or any other three-dimensional
form.
3 - 5
180.
185.
190.
205.
210.
220.
225.
230.
235.
240.
250.
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.
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.
Development 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 use
or development activity.
Domestic Animal - An animal which can be and
is customarily kept or raised in a home or on
a farm.
Dredqinq Removal of earth and other
materials from the bottom of a body of water
or watercourse or from a wetland.
Dredqinq 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 waterlíne.
Dwellinq 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
3 - 6
255.
260.
265.
270.
275.
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). Dwellinq 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). Dwellinq Unit, Detached - A dwelling unit
that is not attached or physically
connected to any other dwelling unit or
other use.
c). Dwellinq Units. stacked - A dwelling unit
that has one or mòre 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 adj acent 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 Siqn - 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 or
water.
Excavate or Excavation The mechanical
removal of soils and/or underlying strata.
Famil Y - 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.
3 - 7
280.
285.
290.
295.
300.
305.
310.
315.
320.
325.
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
eas ily produced items. b. Orders are not
taken at the customer's table. c. Food is
served in disposable wrappings or containers.
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
land surface prior to landscaping.
of
the
Floor The horizontal surface inside a
structure designed and intended for human use
and occupancy.
Fuel Price Siqn - A wall-mounted or pedestal
sign displaying the price of fuel for
motorized vehicles.
Glare Both of the following: a:
reflection of harsh, bright light. b.
physical effect resulting from
luminances or insufficiently shielded
sources in the field of view.
The
The
high
light
Government Facil i tv 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 ei ther the
interior surface of each exterior wall of the
structure or, if the structure does not have
walls, from each outer edge of the roof.
certain exterior areas may also constitute
gross floor area, 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
3 - 8
M&d .., O~""'=
.,.,..
330.
ill."
335.
340.
345.
350.
351.
principally oriented to the street which provides primary access to the subject
property.
Ground Mounted Si£n - Both of the following: pedestal signs and monument
signs.
Hardshio - A current or imoendin£ health condition which reGuires a Derson to
live in close proximitv to and/or share housin£ with a care £iver.
Hazardous Waste - All dangerous and extremely hazardous wa.ste, including
substances composed of radioactive and hazardous components (see RCW
Chapter 70.105).
Hazardous Waste Stora£e - The holding of dangerous 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, or reduced 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
353. High Densitv Residential Use - Attached or stacked dwe1ling 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.
355.
360.
365.
370.
High Density Residential Zones - The following zones: RM 2.4, RM 1.8,
and comparable zones in other jurisdictions.
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.
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 (continued on next page)
3-
375.
380.
385.
390.
395.
400.
405.
410.
415.
420.
425.
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
insti tution, related facil i ties such as
laboratories, outpatient 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
feature.
Any
structure
or
man-made
Industrial Use The uses allowed
industrial zones and not permitted
other zones of the City.
in
in
the
any
Industrial Zones - The following zones:
and MP.
OP
Institutional Uses
schools, churches,
parks, governmental
utilities.
The following uses:
colleges, hospitals,
facilities and public
Instructional Siqn - A sign which designates
public information such as, but not limited
to, public restroorns, public telephones,
exitways and hours of operation.
Inteqral Siqn - 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 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.
3 - 10
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.
Landscapinq 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 Frontaqe of Sub"i ect 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
adj acent 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 Densitv Use - A detached dwelling unit on
a subj ect property that contains at least
7,200 square feet.
Low Densitv Zone - The following zones:
RS 35.0, RS 15.0, RS 9.6, RS 7.2
comparable zones in other jurisdictions.
SE,
and
Ma"ior 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 utili ties. 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).
J - 11
470.
475.
480.
485.
490.
500.
505
510.
512.
515.
Marauee Siqn - Any sign which forms part of,
or is integrated into, a marquee, canopy or
awning and which does not extend horizontally
beyond the limits of such marquee, canopy or
awning.
Maximum Lot Coveraqe - 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 Densitv 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.
Medium Density Zones - The following zones:
RS 5.0 RM 3.6 and comparable zones 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 major stream.
Monument Siqn - 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.
Mooraqe 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; 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.
Natural Features - Physical characteristics
of the subject property that are not man-
made.
3 - 12
520.
525.
530.
535.
540.
545.
550.
555.
560.
Natural Materials - Materials chemically un-
altered 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 Code
or that was not approved by the city through
the appropriate decision-making process
required under this Code.
Non-Livinq Ground Cover Gravel, chipped
bark or similar non-polluting material
through which water can freely percolate to
the soil beneath.
Nursinq Home - See "Convalescent Center".
Occupant - A person that legally occupies a
structure or property.
Odor
nerves.
stimulus
affecting
the
olfactory
Off-site Directional Siqn 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
3 - 13
565.
575.
580.
585.
590.
595.
600.
605.
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 city Council.
On-Site Hazardous Waste Treatment and Storaqe
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 can not percolate into
the underlying soils.
Ordinarv Hiqh 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 storaqe 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
3 - 14
610.
615.
620.
625.
630.
635.
640.
650.
655.
660.
665.
680.
purchasers under any real estate
involving the real property.
contract
Parkinq Area - Any area designed and/or used
for parking vehicles.
Parkinq 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 Siqn - 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.
Planninq 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.
Planninq Director - The Director or acting
Director of the Planning Department.
Planninq Official The Director of
Planning Department or his/her designee.
the
Political Siqn A sign advertising a
candidate for public office, a political
party or a particular voting preference.
Portable Outdoor Siqn - 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 Advertisinq Siqn - 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.
3 - 15
675.
680.
685.
690.
695.
Private Notice Siqn - A sign announcing a re-
striction or warning regarding the subj ect
property, such as but not limited to "no
trespassing" or "beware of dog".
Private Traffic Direction Siqn - A sign on
private property which provides information
for vehicular movement while on that
property.
Proiectinq Siqn - A sign, other than a wall
mounted or marquee sign, which is attached to
and proj ects from a structure or building
face.
Property Line Those lines enclosing the
subj ect 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 subj ect
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
1 ine is the property 1 ine adj acent or
principally oriented to the street
providing primary vehicular access to the
subj ect 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.
Public Park - A natural or landscaped area,
provided by a unit of government, to meet the
3 - 16
700.
705.
710.
725.
720.
722.
725.
active or
people.
passive
recreational
needs
of
Public Works Director - The Director of the
Department of Public Works of the City.
Public Utilitv - 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 Siqn A readily
removable sign announcing the proposed sale
or rental of property other than the property
upon which the sign is located and providing
directions to the subject property.
Real Estate. On site Siqn - A sign announcing
the sale or rental of the property upon which
the sign is located.
Requlated Lakes - The following wetlands as
shown in the King County Wetlands Inventory
Notebooks, Volume 3 South:
a.
Lower puget Sound 6,
17.
16 and
7,
12,
15,
b.
Hylebos 2, 11, 13 and 16.
Requlated Slopes - Any Class III Landslide
Hazard Area, Class III Seismic Hazard Area
and Erosion Hazard Area as shown on the
Environmentally Sensi ti ve Areas Map in the
Comprehensive Plan and any area with an
average slope which equals or exceeds 40%.
Requ1ated Wetlands - Each of the following:
a.
Each Class I (unique/outstanding) Wetland
and Class II (significant) Wetland as
shown in the King County Wetlands
Inventory Notebook, Volume 3 South,
3 - 17
727.
730.
except the following areas as shown therein:
1) Lower Puget Sound Beach;
2) Lower Puget Sound 1 and 51; and
3) Areas defined as a regulated lake.
b.
Any wetland, whether or not mapped, that meets, or is
functionally related to, a wetland that meets one or more of the
following criteria:
1)
Serves significant biological functions.
2)
Serves significant drainage and sedimentation functions.
3)
Shields other areas from wave action, erosion or storm
damage.
4)
Serves as valuable storage area for storm and flood waters.
5)
Is a prime, natural recharge area.
6)
Serves significant water purification functions.
Although a site-specific wetland may not meet the criteria described
above, it will be considered a regulated wetland if it is functionally related
to another wetland that meets the criteria.
Relative - Persons connected through blood. marriage. or other legal
relationship by not more than four (4) degrees of 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:
a.
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.
b.
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.
c.
High Waterline Yard: That portion of a
lot adj acent to and parallel with the
high watermark and at a distance landward
therefrom established in this Code.
d.
Side; That portion of a lot adj acent 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 zones: SE,
RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM
3.6, RM 2.4, RM 1.8 and comparable zones in
other jurisdictions.
Restaurant or Tavern Commercial use
(excluding fast food restaurants) which sells
prepared food or beverages and 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.
Riqht-of-Wav - 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.
Riqht-of-Way Realiqnment 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.
3 - 19
780.
785.
790.
800.
805.
810.
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 -
R.C.W. Chapter 41.23C. .
Shared Access Points A common point of
vehicle access from a street to more than one
lot or use.
Siqn - 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 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.
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, 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.
SiqnField.
graphics,
- The background upon which the
letters, figures, symbols,
3 - 20
81S.
820.
825.
830.
835.
855.
860.
865.
870.
875.
trademark
placed.
written
or
of
sign
copy
a
are
SiGnificant Natural VeGetation Any area
containing a concentration of significant
trees; any area of significant biological
importance; and any area containing dense,
mature, native vegetation.
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.
silt or Sediment The soil particles
mobilized and deposited by the processes of
erosion and deposition.
SinGle Use Buildinq
contains one use.
building
A
which
Small Animals Dogs, cats, birds, small
exotic animals (snakes, gerbils, mice, guinea
pigs, etc.), and foxes, bob cats and similar
small wild animals.
Storm Drainaqe - The movement of water,
to precipitation, either surficially
subsurficially.
due
or
Storv - 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 directly above is not a
story.
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.
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
3 - 21
880.
885.
890.
895.
900.
905.
910.
925.
subj ect 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.
Sub4ect 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 subj ect 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.
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.
Use The
place on
structures
under the
through 70
nature of the activities taking
private property or within
thereon. Each separate listing
"Use" column in the Chapters 15
of this Code is a separate use.
3 - 22
935.
940.
945.
950.
955.
960.
965.
970.
975.
980.
Vehicle Service station A commercial use
supplying petroleum products that are for im-
mediate use in a vehicle.
Vehicle storaqe 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 Siqn - A sign attached to and
extending not more than eighteen (18) inches
from the facade' or face of a building or a
mensard roof with the exposed face of the
sign parallel to the facade or face of the
building or mensard roof.
Waterward - Toward the body of water.
Well Head - The top of the shaft of a well or
similar water extraction facility from which
potable water is extracted.
Wetland - Those areas that are inundated or
saturated by surface or groundwater at a fre-
quency and duration sufficient to support,
and that under normal circumstances do
support, a prevalence of vegetation typically
adapted for life in saturated soils
condi tions. Wetlands generally include
swamps, marshes, bogs and similar areas.
Wholesale Trade - A commercial establishment
which sells to retail establishments.
Zones - Use zones as described in Chapters 15
through 75 of this Code.
Zoninq Map - The series of maps adopted by
the City, and designated the official Zoning
Map of the city, showing the geographical
location of use zones within the municipal
boundaries.
3 - 23
v>
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.elling Unit
e Notes
& 2,
1.
As
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Zonin
Map:
See
Note
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>ubi'" O'°O"ly,
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as
RS
SP1:cIAL RUGULATIONS AND NOTES
--'--
I. M'nlmDm 10' II" r" dw,m"" un< II "¡onow",
^ In ns J~o Zon", Iho m'nlmum 101 II" II 05, ceo 'Q, 11.
b, Inm'~OZOnOl,I1"mlnl~mlo"I"" '~ceo'Q,1I.
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d, InRS 7,) 7,on","" mlnlmum'o',"'" 7,= 'Q,1I.
0, InnssoZon",lhom'nlmumlol,'"II,ceo'Q,1I.
.1, Accessory Hardship Dwelling Units are allowed
a second dwelling unit on a single-family lot in
Single family Residential Districts, A certified
hardship must be demonstrated in order to qualify
under this arrangement, ~ardship is defined as a
current; -.or' impeild~ng health condition
that would require a person to live in close proxim-
ity to, and/or, share housing with a caregiver.
When a certified hardship can be presenëed, one of
the following is permitted in order to accommodate a
relative, and for a temporary period of time:
a,
An addition is made to an existing residence to
serve as accessory dwelling unit; or,
b.
An accessory dwelling unit is built or de-
developed within an existing single-family
residence,
PAGE
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DIRECTIONS:
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s P K:IAL RBJ UIA 110 NS AND N OTBS
2. All proposals under this code will be required
to meet the folJnwing minimum criteria:
a.
Housing is for a relative, their spouse and
appropriate dependent(s), certified as having a
current or impending health condition that woul,
require a person to live in close proximity to,
and/or, share housing with a care-giver.
Upon receiving approval to develop an accessory
dwelling unit, the owneds) must file on subjecl
property a Declaration of Covenants at the King
County Courthouse. ,The.declaration shall state
that the right to retain an accessory living
facility ceases when a determination is made by
the Director of Community Development that the
hardship existing at the time of the original
application has changed, or no longer exists.
The declaration shall also state that the right
to retain the accessory housing ceases upon
transfer of title by the owner(s).
b.
c.
When the right to retain accessory housing
ceases, any added kitchen must be removed and
the primary residence returned to its status as
a single-dwelling residential unit. To ensure
this conversion, the applicant mus~ post with
the City a bond or other security approved by
the City Attorney which is appropriate to
convert the primary residence to its (prior)
status.
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All proposals must be reviewed and decided
the Federal Way Process I review. Approved
applications must be renewed on an annual basis.
Approval of the renewal is generally automatic
upon written request by the applicant to the
Director of Community Development stating that
conditions at the time of the original appli-
cation remain unchanged.
At the Director of Community Development 1 s sole
discretion at the end of the effective period,
the applicant may be required to_re-apply and
comply with all the procedures as a new
application. Re-application shall be required
in those instances where, based upon the facts of
the original application, or based upon facts
known to the Department, there exists the
possibility that the hardship existing at the
time of the ~riginal hardship has changed or no
longer exists,
WNE
RS
S P ID:AL REG UlA TI 0 NS .A1ID N OTBS
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