Ord 92-144
ORDINANCE NO.
92-144
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING
ORDINANCES NO. 90-43, NO. 91-113 AND NO. 92-
135 BY AMENDING FEDERAL WAY ZONING CODE
SECTIONS 165.35.5(b) AND 165.35.6(c) TO DELETE
TENANT IMPROVEMENT COSTS IN THE CALCULATIONS
FOR DETERMINING CERTAIN NON-CONFORMANCE
THRESHOLDS, AND BY AMENDING FEDERAL WAY ZONING
CODE SECTION 175.10.2(b).
WHEREAS, amendments to the Federal Way Zoning Code text
are authorized pursuant to Federal Way Zoning Code §135 and §160;
and
WHEREAS, Federal Way Zoning Code §135.15 and §160.75.2
contain criteria for amending Zoning Code text; and
WHEREAS, a threshold review of this proposal having been
considered by the Federal Way City Council on March 5,
1991,
pursuant to Federal Way Zoning Code §160.20; and
WHEREAS, the Federal Way City Council, having determined
the proposal to be meritorious,
referred the proposal to the
Planning commission for its review and recommendation; and
WHEREAS, the Planning Commission having considered the
proposal
at a public hearing on September
18,
1991,
and on
September 25, 1991, and all public notice having duly been given,
pursuant to Federal Way Zoning Code §160.30 and §160.40; and
WHEREAS,
following the public hearing,
the Planning
commission submitted its recommendations for proposed zoning text
amendment to the appropriate Council committee; and
WHEREAS, the Planning, Public Works and Transportation
Council
Committee
having modified
the
recommendation
of
the
Planning commission on October 28, 1991; and
COpy
WHEREAS, the Federal Way City Council having previously
adopted certain amendments relating to tenant improvements and
having remanded some related issues to the Planning Commission; and
WHEREAS, the Planning Commission having reconsidered the
issues at a public hearing on December 11,
1991, and all public
notice having been duly given pursuant to Federal Way Zoning Code
§160.30 and §160.40; and
WHEREAS, the Federal Way City Council on April 21, 1992,
adopted certain amendments relating to tenant improvements, and
have again remanded some related issues to the Planning Commission;
and
WHEREAS, the Planning commission having reconsidered the
new issues at a public hearing on May 13,
1992, and all public
notice having duly been given, pursuant to Federal Way Zoning Code
§160.30 and §160.40; and
WHEREAS, the Planning commission having submitted its new
recommendations to Council; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
The Findings of the Federal Way Planning
commission contained in its report dated May 20, 1992, pertaining
to these amendments are adopted by reference in totality by the
Federal Way city Council.
section 2.
Pursuant to Federal Way Zoning Code §135.15
and §160.75.2 and based upon the above Findings, the Federal Way
city Council makes the following Conclusions of Law:
-2-
A.
The proposed amendments are consistent with the
applicable provisions of the Comprehensive Plan:
Polices C-1
through
C-22
and
the
goals
contained
within
the
Commercial/
Industrial sub-element of the Comprehensive Plan were adopted to
provide direction to guide future industrial and commercial growth
within the city.
There are no policies that directly relate to the
proposed amendments; however,
there is one that appears to be
pertinent to the discussion.
Policy C-2:
Expand economic and employment opportunities for
all members of the labor force.
While these code provisions may create a nuisance
for the larger developments, the code provisions addressed by these
amendments have the potential to seriously impact small businesses.
By enhancing the business
atmosphere
for
small
businesses in the City of Federal Way, the expanded employment
opportunities stated in the comprehensive Plan policy above may be
realized which will benefit the community at large.
This
is
particularly true for those who are under-skilled or semi-skilled.
The proposed amendments are consistent with the Comprehensive Plan
and specifically the policy note above.
The proposed amendments
will not result in a loss of ability to gain compliance of non-
conforming development with the current City codes and ordinances.
B.
The proposed amendments bear a substantial relation
to public health, safety and welfare:
In
support
of
the
amendments,
the
existing
provisions likely have two adverse effects on business owners.
First,
business owners are potentially discouraged from making
-3-
needed
tenant
improvements
because
of
the
thresholds
and
requirements that are activated due to these improvements.
This
results in sites falling into disrepair and an inability to respond
to changing market trends.
The second possible impact is that
unsafe property situations may result and also create a code
enforcement problem for the city.
The proposed code revisions will
not adversely affect the City's current ability to gain compliance
of sites through the Non-Conformance section of the zoning code.
C.
The proposed amendments are in the best interest of
the residents of the city:
The
intent
of
the
proposed
amendments
is
to
eliminate
a
costly
and
time-consuming
process
for
tenant
improvements.
Given other provisions of the Federal Way Zoning
Code,
the City will not forfeit any authority to review non-
conforming aspects of development and that the general welfare of
the citizens of Federal Way will be adversely affected by the
proposed amendments.
section 3.
The Federal Way Zoning Code Chapter 165 is
amended to
delete the
costs
of
tenant
improvements
from the
calculations of determining some non-conformance thresholds as
follows:
Chapter 165.
165.05
User Guide.
This chapter establishes when and under what
-circumstances non-conforming aspects of a use or
development must be brought into conformance with this
Code. You should consult the provisions of this Chapter
only if there is some aspect of the use or development on
the subject property that is not permitted under this
Code.
-4-
165.10
165.15
165.20
165.25
When Conformance is Required.
If an aspect, element, activity or use of or on the
subject property conformed to the applicable Zoning Code
in effect at the time that aspect, element, activity or
use was constructed or initiated, that aspect, element,
activity or use may continue and need not be brought into
conformance with this Code unless a provision of this
Chapter requires conformance.
Requlations Applicable to Non-Conforminq Use.
If a use is non-conforming in the zone in which it is
located, this Code does not establish applicable
dimensional or other regulations. Therefore, to
determine what regulations apply, the City will determine
the zone that allows the non-conforming use that is most
similar to the zone in which the non-conforming use is
located and apply the regulations of that zone.
Abatement of
Initiated.
Non-Conformance
That
Illeqal
When
Was
1.
General - Except as specified in Paragraph 2 of
this Section, any non-conformance that was illegal
when initiated must immediately be brought into
conformance with this Chapter. The city may, using
the provisions of Chapter 175 of this Code or any
other applicable law, immediately abate any non-
conformance that was illegal when initiated.
2.
Exceptions - If a non-conformance has ever been in
complete conformance with an applicable zoning
code, it may continue to exist subject to the
provisions of this Chapter, and it is not subject
to abatement under Paragraph 1 of this section.
Immediate Compliance with certain Provisions Reauired.
1.
General - Regardless of any other provision of this
Chapter, the following non-conformances must be
immediately brought into conformance with the
applicable provisions of this code:
a.
Non-conformance with the Noise Standards in
Chapter 115.
b.
Non-conformance with the Lighting standards in
Chapter 115.
c.
Non-conformance with the
standards in Chapter 115.
Heat
Emission
-5-
165.30
d.
Non-conformance with the Radiation standards
in Chapter 115.
e.
Non-conformance with the Air Quality standards
in Chapter 115.
f.
Non-conformance with the
Standards in Chapter 115.
Water
Quality
g.
Non-conformance with the Odor Standards
Chapter 115.
in
h.
Non-conformance with the provisions in Chapter
115 regarding Parking and storage of large
vehicles in residential zones.
i.
Non-conformance with the provisions in Chapter
115 regarding junk.
j.
Non-conformance with the Glare standards in
Chapter 115.
k.
Non-conformance with the provision in Chapter
95 of this Code regarding portable outdoor
signs.
2.
Non-conformance with the provision in Chapter
95 of this Code regarding location of signs
extending over rights-of-way.
Abatement The City may, using any of the
provisions of Chapter 175 of this Code or any other
applicable law, immediately abate or seek
discontinuance of any non-conformance listed in
Paragraph 1 of this section.
l.
special provision for Damaqed Improvements.
If a non-conforming improvement is damaged by sudden
accidental cause, that improvement may be reconstructed
only if it meets the following requirements and not
otherwise:
1.
The cost of reconstructing the damaged improvement
does not exceed 75% of the assessed or appraised
value of that improvement prior to the damage.
The applicant may provide an appraisal of the
improvement which has been damaged. The appraisal
must be from a source that is acceptable to the
ci ty. The Community Development Director may
require the applicant to provide an appraisal from
a source acceptable to the city if the assessed
valuation appears to be inappropriate. If an
-6-
165.35
appraisal is provided by the applicant or required
by the City, the larger of the two amounts shall be
used.
2.
The improvement, as reconstructed, is not any more
non-conforming than it was immediately prior to the
damage.
The applicant applies for a building permit to
reconstruct the damaged improvement within six
months of the date of the damage and reconstructs
the improvement pursuant to that building permit.
certain Non-Conformance Specificallv Requlated.
3.
1.
General - Paragraphs 2 through 7 of this Section
specify when and under what circumstances certain
non-conformance must be corrected. If a non-
conformance must be corrected under this Section,
the applicant must, as part of the application for
any development permit, submit all information that
the City reasonably needs to review the correction.
In addition, the City will not issue a certificate
of zoning compliance or permit occupancy until he
correction is made.
If section 25 of this Chapter applies to a specific
non-conformance, then the provisions of this
section do not apply to that same non-conformance.
2.
Non-Conforminq Use. Any non-conforming use must be
brought into conformance or discontinued if -
a.
The applicant is making structural alterations
or increasing the gross floor area of any
structure that houses or supports the non-
conforming use;
b.
other than as specified in Paragraph 2. a of
this Section, the applicant is making changes
or alterations or doing work, other than that
work defined as "normal maintenance" in
Section 3.10.537 of this title, in any twelve
(12) month period to any structure that houses
or supports the non-conforming use and the
fair market value of that change, alteration
or work exceeds fifteen percent (15%) of the
assessed or appraised value of that structure.
The applicant may provide an appraisal of the
improvement which has been damaged. The
appraisal must be from a source that is
acceptable to the city. The Community
Development Director may require the applicant
-7-
to provide an appraisal from a source
acceptable to the City if the assessed
valuation appears to be inappropriate. If an
appraisal is provided by the applicant or
required by the City, the larger of the two
amounts shall be used.
c.
The subject property has been abandoned for
ninety (90) or more consecutive days or the
non-conforming use has ceased for one hundred
and eighty (180) or more consecutive days; or
The applicant replaces the use with a
different use. The City may allow this change
in use, if through Process II, the City
determines that the proposed new use will be
less non-conforming and will have fewer
detrimental effects on the neighborhood than
did the existing use.
d.
3.
Non-Conforminq Procedure - If the subject property
contains a use, aspect, activity or development
requiring approval through Process I, II or III,
which was not approved through any quasi-judicial
process under this Code or any prior applicable
Zoning Code, that use, aspect, activity or
development must be reviewed and approved using the
appropriate process under this Code if-
a.
There is a change in use and this Code
established different or more rigorous
standards for the new use than for the
existing use;
b.
The applicant is making additions, changes or
alterations or doing work, other than that
work defined as "normal maintenance" in
section 3.10.537 of this title, or other than
work defined in Section 3.10.897 of this Code
as "Tenant Improvements," to the subject
property in any twelve (12) month period the
fair market value of which exceeds fifty
percent (50%) of the assessed or appraised
value of all structures on the subject
property. The applicant may provide an
appraisal of the improvement which has been
damaged. The appraisal must be from a source
that is acceptable to the city. The Community
Development Director may require the applicant
to provide an appraisal from a source
acceptable to the city if the assessed
valuation appears to be inappropriate. If an
-8-
4.
appraisal is provided by the applicant or
required by the city, the larger of the two
amounts shall be used.
c.
The subject property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subject property has
ceased for one hundred and eighty (180) or
more consecutive days; or
d.
The Planning Director determines that there
will be substantial changes in the impacts on
the neighborhood or the city as a result of
the proposed change.
Non-Conformina parkina - If there are fewer parking
spaces for the uses conducted on the subject
property than are required under this Code, the
additional required number of spaces must be
provided if -
a.
The applicant is going to change the use
conducted on the subject property and this
Code requires more parking spaces for the new
use than for the former use;
b.
The applicant is increasing the gross floor
area of any use on the subject property; or
c.
The subject property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subj ect property has
ceased for one hundred and eighty (180) or
more consecutive days.
5.
Non-Conformina Sians If the subject property
contains a non-conforming sign, this non-
conformance must be corrected -
a.
If the applicant is making structural
alteration or increasing the gross floor area
of any structure that houses or supports the
use with which the non-conforming sign is
associated;
b.
If, except as specified in paragraph 5. a of
this Section, the applicant is making changes,
alterations or doing other work, other than
that work defined as "normal maintenance" in
section 3.10.537 of this title, or other than
that work defined in section 3.10.897 of this
Code as "Tenant Improvements". in any twelve
(12) month period to any structure that houses
-9-
d.
or supports the use with which the non-
conforming sign is associated and the fair
market value of these changes, alterations or
other work exceeds twenty-five percent (25%)
of the assessed or appraised value of that
structure. The applicant may provide an
appraisal of the improvement which has been
damaged. The appraisal must be from a source
that is acceptable to the city. The Community
Development Director may require the applicant
to provide an appraisal from a source
acceptable to the City if the assessed
valuation appears to be inappropriate. If an
appraisal is provided by the applicant or
required by the City, the larger of the two
amounts shall be used.
c.
If the applicant is making changes,
alterations or doing other work to the non-
conforming sign, other than that work defined
as "normal maintenance" in section 3.10.537 of
this title, in any twelve (12) month period,
the fair market value of which exceeds thirty-
five percent (35%) of the replacement cost of
the non-conforming sign;
If the subject property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subject property has
ceased for one hundred and eighty (180) or
more consecutive days; or
e.
Except as provided
March 1, 1995:
or
before
below,
on
1)
The applicant may, through Process II,
apply for an extension of time to bring
signs on the subject property into
conformance with this Code. The city
will grant this request if it determines
that the applicant needs additional time
beyond March 1, 1995, to amortize the
cost of manufacturing and installing the
sign. As part of the application, the
applicant shall submit documentation
demonstrating how the cost of
manufacturing and installing the sign is
or was depreciated for Federal Income Tax
purposes.
2)
The provisions of Paragraph 5.e of this
section do not apply to any sign if the
removal of that sign would require the
-10-
6.
b.
c.
d.
City to pay compensation under RCW
chapter 47.42, as now existing or as
hereafter amended.
Non-Conforminq Buffers - If the subject property
does not contain the buffers required by this Code,
the required buffers must be provided if -
a.
There is any increase in the gross floor area
of any structure on the subj ect property.
However, the buffers adjacent to pre-existing
buildings on the subject property need only be
increased to the extent that the land is
available for the increase;
There is a change in use on the subject
property and this Code requires larger or
denser buffers for the new use than for the
former use;
Except as specified in paragraph 6.a of this
Section, the applicant is making changes,
alterations or doing other work, other than
that work defined as "normal maintenance" in
section 3.10.537 of this title, or other than
that work defined in section 3.10.897 of this
Code as "Tenant Improvements". in any twelve
(12) month period to any structure on the
subject property and fair market value of
these changes, alterations or other work
exceeds fifty percent (50%) of the assessed or
appraised value of that structure. The
applicant may provide an appraisal of the
improvement which has been damaged. The
appraisal must be from a source that is
acceptable to the city. The Community
Development Director may require the applicant
to provide an appraisal from a source
acceptable to the city if the assessed
valuation appears to be inappropriate. If an
appraisal is provided by the applicant or
required by the City, the larger of the two
amounts shall be used. However, the buffers
adjacent to pre-existing buildings on the
subject property need only be increased to the
extent that the land is available for the
increase; or
The subject property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subject property has
ceased for one hundred and eighty (180) or
more consecutive days.
-11-
165.40
7.
Anv Other Non-Conformance.
If any non-conformance exists on the subject
property, other than as specifically listed in
Paragraphs 2 through 6 of this Section, these must
be brought into conformance if -
a.
The applicant is making any alterations or
changes or doing any work, other than that
work defined as "normal maintenance" in
section 3.10.537 of this title, or other than
that work defined in Section 3.10.897 of this
Code as "Tenant Improvements, " in any
consecutive twelve (12) month period to an
improvement that is non-conforming or houses,
supports or is supported by the non-
conformance and the fair market value of the
alteration, change or other work exceeds fifty
percent (50%) of the assessed or appraised
value of that improvement. The applicant may
provide an appraisal of the improvement which
has been damaged. The appraisal must be from
a source that is acceptable to the city. The
Community Development Director may require the
applicant to provide an appraisal from a
source acceptable to the City if the assessed
valuation appears to be inappropriate. If an
appraisal is provided by the applicant or
required by the City, the larger of the two
amounts shall be used.
b.
The use on the subject property is changed and
this Code establishes more stringent or
different standards or requirements for the
non-conforming aspect of the new use than this
code establishes for the former use; or
c.
The subject property has been abandoned for
ninety (90) or more consecutive days or the
use conducted on the subject property has
ceased for one hundred and eighty (180) or
more consecutive days.
Additional provision if a Ouasi-Judicial Decision is
Required.
In addition to any other provisions of this Chapter, if
-a development activity or use on the subject property is
being decided upon using either Process I, II or III, the
City shall, in such process, consider the degree of non-
conformance and its relationship to the proposed use or
development activity, and the City may require that the
applicant correct any non-conformance that exists on the
-12-
165.45
subject property.
Special provisions for Residential Uses.
If the subject property contains a residential use that
became non-conforming as to use or density as a result of
the adoption of this Code, that non-conforming use or
density is exempt from the provisions of sections 10
through 40 of this Chapter and, instead, the following
regulations apply:
1.
If the improvements on the subject property are
damaged or destroyed by any sudden cause, the
structure may be rebuilt; provided that the number
of dwelling units and the gross floor area in and
on the subject property may not be increased from
that which existed immediately prior to the damage
or destruction and any other non-conformity of or
on the subj ect property may not in any way be
increased. The provisions of this Paragraph 1 are
only available if the applicant applies for a
building permit within twelve (12) months after the
sudden damage or destruction and construction is
commenced and completed under that building permit.
2.
other than as specified in Paragraph 1 of this
Section, the non-conforming use or density must be
corrected if the applicant is making changes,
alterations or doing other work, other than that
work defined as "normal maintenance" in section
3.10.537 of this title, in any twelve (12) month
period to any structure on the subject property and
fair market value of these changes, alterations or
other work exceeds fifty percent (50%) of the
assessed or appraised value of that structure.
The applicant may provide an appraisal of the
improvement which has been damaged. The appraisal
must be from a source that is acceptable to the
city. The Community Development Director may
require the applicant to provide an appraisal from
a source acceptable to the city if the assessed
valuation appears to be inappropriate. If an
appraisal is provided by the applicant or required
by the city, the larger of the two amounts shall be
used.
3.
The entire subject property has been abandoned for
ninety (90) or more consecutive days or all use
conducted on the subj ect property has ceased for
one hundred and eighty (180) or more consecutive
days.
-13-
165.50
165.55
165.60
Special provisions
Requlations.
for
Compliance
with
Government
The provisions of this section will be followed
regardless of any conflicting regulations of this
Chapter. Any regulations of this Chapter which do not
conflict with the provisions of this Section are
unaffected by this Section.
1.
oil Tanks - Any excavation, development activity or
construction performed to comply with the
"Underground Storage Tanks; Technical Requirements
and State Programs Approval; Final Rules" (40
C.F.R. parts 280 and 281), as now existing or as
hereafter amended or with the provisions of RCW
chapter 90.76, as now existing or hereafter amended
or any regulations adopted thereunder may not be
used as the basis, or part of the basis, for
requiring that non-conformance on the subject
property be corrected.
2.
other Government Requ1ations Other than as
specified in Paragraph 1 of this Section, the city
may, using Process II I exempt a property or use
from any of the requirements of this Chapter if -
a.
The actions or events which form the basis of
requiring that non-conformance on the subject
property be corrected are necessitated solely
to comply with local, state or federal
regulation;
b.
The actions necessitated to comply with those
regulations will not significantly extend the
expected useful life of the non-conforming
aspect; and
c.
The public benefit of complying with the
local, state or federal regulation clearly
outweighs the public benefit in correcting the
non-conformance.
Prohibition on Increasinq Non-Conformance.
No non-conformance may, in any way, be enlarged,
expanded, increased, intensified, compounded or in any
other way made greater, except as specifically permitted
.in this Chapter.
Applicabilitv of Uniform Codes.
Nothing in this Chapter in any way supersedes or relieves
the applicant from compliance with the requirements of
-14-
the Uniform Building codes and other construction related
codes as adopted and amended from time to time by the
city.
Section 4.
amended as follows:
The Federal Way Zoning Code Chapter 175 is
section 175.10.2 - Exceptions - Permits for the following are
exempt from the provisions of this Section.
a.
Ð-.
e-.
b.
c.
The development of one detached dwelling unit on a pre-
existing lot.
I.FlY'.lark, impFavemeRt or r6maàeliRI} completely .TithiR the
iRteriar af a ìmildiRI}, if thc fair marJ,et ',¡aluc af that
war]" impravcmcRt er remaàeliRI} deBs Ret exceeà ~SO,ooo
in aRY bo'elve (12) menth perieà.
ARY '...erJ, , rc!IIeàelin'!J ar i~revelllcRt eR the subject
preperty ether thaR as specified iR paral}raph 2.13 a13evc,
00 leal} as the fair maF],et value af that to'aF]" rcmoàeliRI}
or i~ra',¡emeRt àacl) Rat cuceeà ~le,OOO iR a t,,-clve (12)
maRta pcrieà. The previoieRs of this paral}raph 2.8 àe
not apply to sil}ns.
Any tenant improvements. as defined in Section 3.10.897
of this code. or normal maintenance. as defined in
section 3.10.357 of this code. on the subject property
eempletely vithiR the iRterier ef the builàiRI} necessary
to meet the varied requirements of continuing or
succeeding tenants that does Rat cxeeeà the thresholào
esta13lioheà iR Chapter 165 non C9NF9I!UM/CE, E:eetion
165.35, Paral}raphs 2 thre1i~h 7.
The Director of Community Development may exempt minor
additions from the requirements of this Section; provided
the additions are necessary to house mechanical equipment
such as coolers, heating, ventilation, and air
conditioning type of equipment.
section 5 - Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section
Severabilitv.
provisions
of
this
6
The
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
-15-
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 of this ordinance.
PASSED by the City Council of the City of Federal Way
this
\I.Q
day of
::!u "",e.-
, 1992.
CITY OF FEDERAL WAY
~?,~
MA OR, ROBERT STEAD
J
ì
, CMC
APPROVED AS TO FORM:
\J~
ACTING CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: June 19, 1992
EFFECTIVE DATE: June 24, 1992
ORDINANCE NO. 92-144
Kay 27, 1992
June 16, 1992
92L490
-16-