Ord 96-269
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ORDXNANCE NO. 96-269
AN ORDXNANCE OF THE CXTY COUNCXL OF THE CXTY
OF FEDERAL WAY, WASHXNGTON, AHENDXNG THE
FEDERAL WAY ZONXNG CODE CHAPTER 22 BY ADDXNG
DEFXNXTXONS TO SECTXON 22-1 RELATXNG TO
"XNOPERABLE MOTOR VEHXCLE", "JUNK OR JUNKED
VEHXCLE", AHENDXNG THE DEFXNXTXON OF "JUNK"
AND AHENDXNG ncc 22-952 REGARDXNG
PROHXBXTXONS AGAXNST JUNK AND JUNKYARDS
WHEREAS, it is necessary for the public health, safety
and
general
welfare
that
regulations
of
inoperable
and
junk
vehicles be in place; and
WHEREAS, lack of a proper definition in the Federal Way
City Code ("FWCC") for an "inoperable motor vehicle" or "junk or
junked motor vehicle" limits the City's ability to abate inoperable
or junk vehicles or home occupation auto repair; and
WHEREAS,
amendments to the FWCC text are authorized
pursuant to FWCC sections 22-216 and 22-217 pursuant to Process IV
review; and
WHEREAS, the Federal Way city Council has considered a
proposed change to the FWCC relating to junk vehicles ("Proposal");
and
WHEREAS, the Federal Way city Council, pursuant to FWCC.
22-517, having determined the Proposal to be worthy of legislative
consideration, referred the Proposal to the Federal Way Planning
commission for its review and recommendation; and
WHEREAS,
the Federal Way Planning Commission,
having
considered the Proposal at a public hearing on March 20,
1996
ORD #96-269, PAGE 1
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pursuant to FWCC section 22-523, and all public notices having been
duly given pursuant to FWCC section 22-521; and
WHEREAS,
following the public hearing,
the
Planning
commission submitted to the Land Use and Transportation Committee
of the City Council its recommendation in favor of proposed zoning
text amendments to Article
I,
section 22-1,
Definitions;
and
Article XIII, Supplementary District Regulations; and
WHEREAS,
the
LUTC
Committee
of
the
City
Council
considered the recommendation of the Planning commission and has
moved to forward the Planning commission recommendation to the full
city Council, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1. Findinqs.
After full and careful consideration,
the City Council of the city of Federal way makes the following
findings with respect to the Proposal and the proposed amendments
to the Federal Way city Code ("FWCC");
1.
Lack
of
a
complete
definition
in
the
FWCC
for
an
"inoperable motor vehicle",
"junk or junked vehicle" or "junk"
limits the city's ability to abate complaints about junked or
inoperable motor vehicles and home occupation auto repair.
2.
Junk vehicles and home auto repair complaints continue to
comprise a significant percentage of the complaints investigated by
the City's code compliance officers.
ORD #96-269, PAGE 2
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3.
Effective methods of dealing with the legitimate abatement
of junk vehicles is essential to effective zoning enforcement
contributing to a safer and more livable community.
section 2.
Conclusions.
Pursuant to FWCC section 22-217 and
based upon the Findings set forth in section 1, the Federal Way
City Council makes the following Conclusions of Law with respect to
the decisional criteria necessary for the adoption of the Proposal:
1.
The Proposal is consistent with the Comprehensive Plan
because it is supported by the goals and policies:
LUP14
Maintain and protect the character of existing and
future
single
family
neighborhoods
through
the
strict
enforcement
of
the
city's
land
use
regulations.
HP5
Maintain
a
strong
code
enforcement
program
to
protect residential areas from illegal
land use
activities.
2.
The Proposal bears a substantial relationship to the
public
health,
safety
and
welfare
because
it
addresses
concerns
for
the
public
health,
safety,
and
welfare
by
establishing coherent regulations that are consistent with
state law and reflect a reasoned balance between the rights of
individuals and the community interest.
3.
The Proposal is in the best interests of the residents of
the city because it responds to community concerns about junk
and junk vehicles.
By establishing comprehensive and concise
regulations by which to regulate junk vehicles, it provides
ORD #96-269, PAGE 3
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city staff with sufficient criteria by which to abate junk and
junk vehicles.
section 3.
Amendments.
A.
Definitions.
FWCC section 22-1,
Definitions,
of the
Federal
way
city
Code
("FWCC")
shall
be
amended
to
add
new
subsection definitions
for
inoperable motor vehicles,
junk
or
junked vehicle, and to modify the definition of junk as follows:
Sec. 22-1. Definitions.
The following words,
terms and phrases,
when used in this
chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Abandoned shall mean knowing relinquishment of right or claim
to the subject property or structure on that property.
Accessory shall mean 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 dwelling unit (ADU) shall mean either a freestanding
detached structure or an attached part of a structure which is
subordinate and incidental to the main or primary dwelling unit
located on the subject property, providing complete,
independent
living facilities exclusively for one single housekeeping unit,
including permanent provisions for living, sleeping, cooking and
sanitation.
ORD #96-269, PAGE 4
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ADU, attached, shall mean an accessory dwelling unit that has
one or more vertical and/or horizontal walls,
in common with or
attached to, the primary dwelling unit.
ADU, detached, shall mean a freestanding accessory dwelling
unit that is not attached or physically connected to the primary
dwelling unit.
Accessory hardship dwelling unit shall mean an attached ADU
which satisfies the criteria set forth in Section 22-633 of this
code.
secondary living quarters attached or within an existing
residence or place on the same lot as an existing dwelling unit.
Accessory dwelling units have kitchen and/or cooking facilities and
are usually intended to be used as separate dwelling units.
Accessory living facility shall mean an area or structure on
the subject property, which is accessory to a permitted use on a
commercial the subject property, providing provisions for living,
cooking, sleeping and sanitation other residential facilities for
an employee on the subject property and that employee's family.
Adjoining shall mean property that touches or is directly
across a street from the subj ect 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 shall mean all of the
following:
(1)
Adult theater shall mean a building or enclosure or any
portion
thereof
used
for
presenting
material
ORD #96-269, PAGE 5
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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 shall mean both of the
following:
1.
When
less
than
completely
and
opaquely
covered:
i.
Human genitals or pubic region.
ii.
Human buttock.
iii. Human
female
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 shall mean 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)
Adul t bookstore shall mean an establishment which in
whole
or
in
portion
thereof
has
a
substantial
or
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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" and which excludes minors
by virtue of age.
Adult cabaret shall mean a cabaret, nightclub or other
(3)
establishment
which
features
go-go
dancers,
exotic
dancers, strippers, male or female impersonators, similar
entertainers or attendants, who are so clothed or dressed
as to emphasize "specified anatomical areas" and/or whose
performances
or
other
activities
include
or
mimic
"specified sexual activities" 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
shall
mean
any
agricultural,
stable
or
livestock use listed as an allowable use in the suburban estate
zones.
Air rights shall mean the right to, in some manner, control
the use of the space above the surface of the ground.
Alluvium
shall
mean soil
deposits
transported
by
surface
waters.
ORD #96-269, PAGE 7
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Applicant shall mean both of the following, depending on the
content:
(1)
A person who applies for any permit or approval to do
anything governed by this chapter, 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
this chapter or who is the owner of property subject to
this Chapter.
Average building elevation shall mean 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.
Average slope shall mean the average grade of land within each
land area representing a distinct topographical change.
Backfill shall mean material placed into an excavated area,
pit, trench or behind a constructed retaining wall or foundation.
Building shall mean a roofed structure used for or intended
for human occupancy.
Building mounted signs shall mean all of the following: wall
mounted signs, marquee signs, under marquee signs and projecting
signs.
ORD #96-269, PAGE 8
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Bu~khead shall mean a wall or embankment used for retaining
earth.
cemetery shall mean land used or intended to be used for the
burial of the dead and dedicated for cemetery purposes, including
co lumbar iums , crematories, mausoleums and mortuaries, and related
uses, when operated in conjunction with and within boundaries of
such cemetery.
center identification sign shall mean 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.
change of use shall mean a change of use determined to have
occurred when
it
is
found
that
the
general
character
of
the
operation has
been modified.
This
determination
shall
include
review of, but not be limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation; and
(4) General appearance.
changing message center shall mean a sign, message center or
similar device whereby alternating public service information and
commercial messages are displayed on the same lamp bank.
Church, synagogue or other place of re~igious worship shall
mean an establishment, the principal purpose of which is religious
worship and for which the principal building or other structure
ORD #96-269, PAGE 9
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contains the sanctuary or principal place of worship,
and which
establishment may include related accessory uses.
Class I home occupation shall mean those home businesses that
qualify as home occupations under this
zoning chapter,
except
family child care homes.
Class II home occupation shall mean those family child care
homes that qualify under section 22-1069.
Commercial recreation facility shall mean 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.
commercial use shall mean the uses allowed in the commercial
zones and not permitted in any other zones of the city.
Commercial
zones
shall
mean
the
BN,
BC
and
CC
zoning
districts.
Common recreational open space usable for many activities
shall mean 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:
Covered by buildings or parking or driving areas.
(1)
(2)
Covered by any vegetation that impedes access.
(3)
On a slope that is too steep for recreational activities.
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Community recreation area or clubhouse shall mean an area
devoted to facilities and equipment for recreational purposes, such
as swimming pools, tennis courts, playgrounds, community clubhouses
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 shall mean the ordinances of the city, as
adopted and amended from time to time, under RCW 35A.63.060 through
35A.65.080 and the shoreline master program.
Construction sign
shall mean a sign which
identifies the
architects, engineers, contractors and any other persons involved
with the construction of a building or use.
Contour line shall mean the interconnection of points having
the same height above sea level.
Convalescent
center
shall
mean
an
inpatient
facility,
exc.luding 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.
outpatient care is limited to prior in-patients only.
Cross section (drawing) shall mean a visual representation of
a vertical cut through a structure or any other three-dimensional
form.
Curb cut
shall mean 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.
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Day care facility shall mean the temporary,
nonresidential
care of persons in a residence or other structure on a regular,
recurring basis.
Dedication shall mean 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
activi ty
shall
mean
any
work,
condition
or
activity which requires a permit or approval under this chapter or
the city's building code.
Development permit shall mean any permit or approval under
this chapter or the city's building code that must be obtained
before initiating a use or development activity.
Domestic animal
shall mean an animal which can be and is
customarily kept or raised in a home or on a farm.
Domestic Violence Shelters shall mean housing for adult women
or men and their dependent children,
if any, who are victims of
domestic violence perpetrated by the spouse, domestic partner or
significant other of the adult victim.
Dredging shall mean removal of earth and other materials from
the bottom of a body of water or watercourse or from a wetland.
Dredging spoils
shall mean the earth and other materials
removed from the bottom of a body of water or watercourse or from
a wetland by dredging.
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Driveway shall mean an area of the subject property designed
to provide vehicular access to a parking area or structure located
on the subject property.
Dry land shall mean the area of the subject property landward
of the high-water line.
Dwelling unit shall mean one or more rooms in a structure or
structures, excluding mobile homes, providing complete, independent
living facilities exclusively for one family, including permanent
provisions for living, sleeping, cooking and sanitation. A factory-
built home or manufactured home is considered a dwelling unit under
this chapter only if it meets the standards and criteria of a
designated manufactured home established in RCW 35A.63.145. There
are the following three types of dwelling units:
(1)
Dwelling unit, attached, shall mean 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.
(2)
Dwelling unit, detached, shall mean a dwelling unit that
is not attached or physically connected to any other
dwelling unit or other use.
(3)
Dwelling unit, stacked, shall mean a dwelling unit that
has one
or more horizontal walls
in common with or
attached to one or more other dwelling units or other
uses and may have one or more vertical walls in common
ORD #96-269, PAGE 13
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with or adjacent to one or more other dwelling units or
other uses.
Easement shall mean 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 sign shall mean a sign or sign structure in which
electrical wiring, connections and/or fixtures are used as part of
the sign proper.
Erosion and deposition shall mean the removal of soils and the
placement of these removed soils elsewhere by the natural forces of
wind or water.
Excavate or excavation shall mean the mechanical removal of
soils and/or underlying strata.
Family shall mean an individual or two or more individuals
related by not more than four degrees of affinity or consanguinity
and including persons under legal guardianship, or a group of not
more than five persons who are not related by four or fewer degrees
of
affinity
or
consanguinity;
provided,
however,
that
any
limitation
on
the
number
of
residents
resulting
from
this
definition shall not be applied if it prohibits the City from
making reasonable accommodations to disabled persons in order to
afford such persons equal opportunity to use and enjoy a dwelling
as required by the Fair Housing Amendments Act of 1988,42 V.S.C.
3604(f)(3)(b).
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Family
child
care
home
shall
mean
a
business
regularly
providing care during part of the 24-hour day to
12
or fewer
children (including the children of the day care provider) in the
family abode of the person or persons under whose direct care the
children are placed.
Fast food restaurant shall mean an establishment which offers
quick food service which is accomplished through one or more of the
following mechanisms:
Limited menu of easily produced items.
(1)
(2)
Orders are not taken at the customer's table.
(3)
Food is served in disposable wrappings or containers.
Fence shall mean a manmade barrier or wall constructed for the
purpose of enclosing space or separating parcels of land.
Fill material
shall mean 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
shall
mean the
final
contour
of
the
land
surface prior to landscaping.
Floor shall mean the horizontal surface inside a structure
designed and intended for human use and occupancy.
Fuel price sign shall mean a wall-mounted or pedestal sign
displaying the price of fuel for motorized vehicles.
Geologically hazardous areas shall mean areas which because of
their susceptibility to erosion,
land-sliding,
seismic or other
geological events are not suited to siting commercial, residential
ORD #96-269, PAGE 15
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or industrial development consistent with public health or safety
concerns. Geologically hazardous areas include the following areas:
(1)
Erosion hazard areas are those areas having a severe to
very severe erosion hazard due to natural agents such as
wind, rain, splash, frost action or stream flow.
(2)
Lands1.ide
hazard
areas
are
those
areas
potentially
subject to episodic downslope movement of a mass of soil
or rock including,
but not limited to,
the following
areas:
a.
Any area with a combination of:
1.
Slopes greater than 15 percent;
2.
Permeable sediment, predominately sand and
gravel, overlying relatively permeable
sediment or bedrock, typically silt and clay;
and
3.
Springs or groundwater seepage.
b.
Any
area
which
has
shown
movement
during
the
holocene epoch, from 10,000 years ago to present,
or which is underlain by mass wastage debris of
that epoch.
Any are a potentially unstable as a result of rapid
c.
stream
incision,
stream
bank
erosion
or
undercutting by wave action.
d.
Any
area
located
in
a
ravine
or
on
an
active
alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
ORD #96-269, PAGE 16
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(4)
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e.
Those
identified
states
united
by
the
areas
Department of Agriculture Soil Conservation Service
as having a severe limitation for building site
development.
f.
Those
areas mapped as
class
(unstable) ,
u
uos
(unstable old slides),
and urs
(unstable recent
g.
slides) by the department of ecology.
Slopes having gradients greater than 80 percent
subject to rockfall during seismic shaking.
Seismic hazard areas are those areas subject to severe
risk of earthquake damage as a result of seismically
induced ground shaking, slope failure, settlement or soil
liquefaction, or surface faulting. These conditions occur
in areas underlain by cohesionless soils of low density
usually in association with a shallow groundwater table.
Steep slope hazard areas are those areas with a slope of
40 percent or greater and with a vertical relief of ten
or more feet, a vertical rise of ten feet or more for
every
25
feet
of
horizontal
is
distance.
A
slope
delineated by establishing its toe and top, and measured
by averaging the inclination over at least ten feet of
vertical relief.
Glare shall mean both of the following:
(1)
The reflection of harsh, bright light.
ORD #96-269, PAGE 17
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(2)
The physical effect resulting from high luminances or
insufficiently shielded light sources in the field of
view.
Government facility shall mean a use consisting of services
and facilities operated by any level of government, excluding those
uses listed separately in this chapter.
Gross floor area shall mean the total square footage of all
floors, excluding parking area,
in a structure as measured from
either the interior surface of each exterior wall of the structure
or, if the structure does not have walls, from each outer edge of
the roof. certain exterior areas may also constitute gross floor
area.
Ground floor shall mean the floor of a structure that is
closest in elevation to the finished grade along the facade of the
structure that is principally oriented to the street which provides
primary access to the subject property.
Ground
mounted
sign
shall
mean
both
pedestal
signs
and
monument signs.
Group Home Type II shall mean housing for juveniles under the
jurisdiction of the criminal justice system.
Such groups include
state-licensed group care homes or halfway homes for juveniles
which provide residence in lieu of sentencing or incarceration,
halfway houses providing residence to juveniles needing correction,
or for those selected to participate in state-operated work release
and pre-release programs.
The Director of Community Development
Services
shall
have
the
discretion
to
classify
a
group
home
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proposing to serve juveniles convicted of the offenses listed under
Group Home Type III in this section as a Group Home Type III, and
any such home shall be sited according to the regulations contained
within the Type III classification.
Group
Homes
Type
II-A:
Maximum
number
of
twelve
(12)
residents including resident staff.
Group Homes Type II-B:
Thirteen
(13)
or more residents
including residential staff.
Maximum number to be determined
on a case by case basis.
The limitation on the number of residents in a Group Homes Type II
shall
not
be
applied
if
it
prohibits
the
city
from
making
reasonable accommodations to disabled persons in order to afford
such persons equal opportunity to use and enjoy a dwelling as
required by the Fair Housing Amendments Act of 1988, 42 U.S.C.
3604(f)(3)(b).
Group Homes Type III shall mean housing for adults that have
been convicted of a violent crime against a person or property, or
have been convicted of a crime against a person with a sexual
motivation,
or have been convicted or charged as a sexual or
assaul ti ve violent predator.
These individuals are under the
jurisdiction of the criminal justice system or have entered a pre-
or
post-charging
diversion
program.
Such
groups
involve
indi viduals selected to participate in state-operated work/training
release
and
pre-release
programs
or
similar
programs.
Such
category does not include full-time detention facilities.
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Hardship shall mean a current or impending health condition
which requires a person to live in close proximity to, and/or share
housing with a caregiver.
Hazardous
waste
shall
mean
all
dangerous
and
extremely
hazardous waste, including substances composed of radioactive and
hazardous components (see RCW ch. 70.105).
Hazardous waste storage shall mean the holding of dangerous
waste for a temporary period (see WAC 173-303-040(85».
Hazardous waste treatment shall mean the physical, chemical or
biological processing of dangerous wastes to make such wastes
nondangerous 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 shall mean added energy that causes substances to rise in
temperature, fuse, evaporate, expand or undergo any other related
change.
Height of structure shall mean the vertical distance above the
average building elevation measured to the highest point of the
coping of a flat roof or to the deck line of a mansard roof, or to
the average height of the highest gable of a pitched or hipped
roof.
High density residential use shall mean attached or stacked
dwelling units on a subject property which contains at least 1,800
square feet of lot area per dwelling
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Hotel.
or motel.
shall mean a single building or group of
buildings
containing
individual
sleeping
units
intended
for
transient occupancy.
Improvement shall mean any structure or manmade feature.
Industrial use shall mean the uses allowed in the industrial
zones and not permitted in any other zones of the city.
Industrial.
zones shall mean unit but not more than 2,399
square feet of lot area per dwelling unit.
High density residential. zones shall mean the following zones:
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Home occupation shall mean 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 shall mean 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. shall mean an institution providing primary health
services
and
medical
or
surgical
care
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. the following zones: OP and MP.
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InocerabIe motor vehicIe shall be anv vehicle that has
been in a stationary position for more than fourteen (14)
davs.
is apparentl v inoperable or requires repairs in
order to be operated leqallv on the public roads or is
unable to move a distance of ten
(10)
feet on level
pavement under its own power.
InstitutionaI uses shall mean the following uses:
schools,
churches, colleges, hospitals, parks, governmental facilities and
public utilities.
InstructionaI sign shall mean a sign which designates public
information such as, but not limited to, public restrooms, public
telephones, exitways and hours of operation.
IntegraI sign shall mean a sign displaying a building date,
monument citation, commemorative inscription or similar historic
information.
IrrevocabIe
Iicense
shall
mean
a
written
irrevocable
permission given by a property owner to the city for specified
purposes.
Junk
shaII
mean
oId
or
scrap
metaI.
rope.
raqs.
batteries. paper. rubber. machinery. scrap wood. debris.
trash. or iunked. dismantIed. er wrecked or inoperabIe
BHtomosiles motor vehicles or parts thereof.
Junk
or
iunked
vehicle
shall
mean
anv
vehicle
substantial Iv meetina at
least two
of
the
followina
conditions:
ORD #96-269, PAGE 22
(
c
(a) Is extensive Iv damaaed. such damaae includina but not
limited to any of the followina: A broken window or
windshield
or
missina
wheels.
tires,
motor.
or
transmission:
(b) Is aDDarently inoDerable:
(c) Is without a current. valid reaistration Dlate.
Junkyard shall mean a property or place of business which is
maintained, operated or used for storing, keeping, buying, selling
or salvaging junk.
Kennel
shall
mean
an
establishment,
generally
retail
in
nature, which houses, cares for, breeds, raises or sells dogs or
cats.
Land surface modification shall mean the clearing or removal
of
trees,
shrubs,
ground
cover
and
other
vegetation
and
all
grading, excavation and filling activities.
Landscaping shall mean 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 shall mean toward dry land.
Linear frontage of subject property shall mean 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,
linear frontage shall mean the
frontage of the subject property on any public access easements or
ORD #96-269, PAGE 23
(
(
tracts which serve the subject property and adjacent unopened
and/or unimproved rights-of-way.
Lot
shall mean
a parcel of
land having
fixed boundaries
described by reference to a recorded plat; by reference to metes
and bounds; or by reference to section, township and range.
Low density use shall mean a detached dwelling unit on a
subject property that contains at least 7,200 square feet.
Low density zone shall mean the following zones: SE, RS 35.0,
RS
15.0,
RS
9.6,
RS
7.2
and
comparable
zones
in
other
jurisdictions.
Major stream shall mean 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
shall
mean
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).
Marquee sign shall mean 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 coverage shall mean the maximum percentage of the
surface of the subject property that may be covered with materials
ORD #96-269, PAGE 24
(
(
which
will
not
allow
for
the
percolation
of
water
into
the
underlying soils. See section 22-946 et seq. for further details.
Mean sea level shall mean the level of Puget Sound at zero
tide as established by the u.S. Army Corps of Engineers.
Medium density use shall mean 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 shall mean the following zones: RS 5.0,
RM 3.6 and comparable zones in other jurisdictions.
Minor stream shall mean any stream that does not meet the
definition of major stream.
Monument
sign
shall mean a ground mounted
sign which
is
attached to the ground by means of a wide base of solid appearance
and which complies with the standards of Plate 3.
Moorage
facili ty shall mean a pier,
dock,
buoy
or other
structure
providing
docking
or
moorage
space
for
waterborne
pleasure craft.
Multiuse complex shall mean 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
multiuse complex.
Natural features shall mean physical characteristics of the
subject property that are not manmade.
ORD #96-269, PAGE 25
(
(
Natural materials shall mean materials chemically unaltered
from their natural state.
Noise shall mean the intensity,
duration and character of
sound from any and all sources.
Nonconformance shall mean 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 chapter or that was not approved by the
city through the appropriate decision-making process required under
this chapter.
Nonliving ground cover shall mean gravel,
chipped bark or
similar
nonpolluting
material
through
which
water
can
freely
percolate to the soil beneath.
Normal
maintenance
shall mean normal maintenance
includes
interior and exterior repairs and incidental alterations. Normal
maintenance and repair may include, but is not limited to,
painting, roof repair and replacement, plumbing, wiring and
electrical systems, mechanical equipment replacement and
weatherization. Incidental alterations may include construction of
nonbearing walls or partitions.
Nursing home. See "convalescent center."
Occupant shall mean a person that legally occupies a structure
or property.
Odor shall mean stimulus affecting the olfactory nerves.
Off-site
directional
sign
shall
mean
a
sign which
gives
directions to a business or to merchandise, service, real estate,
ORD #96-269, PAGE 26
(
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 shall mean 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,
consul ting or other
similar
professional
services;
management,
administrative,
secretarial,
marketing,
advertising,
personnel
or
other
similar
personnel
services; sales offices where no inventories or goods are available
on
the
premises;
real
estate,
insurance,
travel
agent,
loan
companies, brokerage or other similar services. The following uses
are specifically excluded from the definition of office: banks,
savings and loan companies and similar financial institutions.
Office zones shall mean the PO zone.
Official
notification boards
of
the
city
shall
mean
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 storage facilities shall
mean 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:
ORD #96-269, PAGE 27
(
(
(1)
The travel crosses the right-of-way at a perpendicular
intersection, or
(2)
The right-of-way is controlled by the property owner and
is inaccessible to the public (see WAC 173-303-040(39)).
Open space shall mean land not covered by buildings, roadways,
parking areas
or
other surfaces through which water
can
not
percolate into the underlying soils.
Ordinary high-water mark shall mean 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 shall mean not contained within a building.
Outdoor storage shall mean any material or item (including
vehicles), being stored for or awaiting sale, lease, processing or
repair and not enclosed within a building.
OWner shall mean, in reference to real property, the person or
persons holding fee title to the property as well as the purchaser
or purchasers under any real estate contract involving the real
property.
Parking area shall mean any area designed and/or used for
parking vehicles.
ORD #96-269, PAGE 28
(
(
Parking space shall mean an area which is improved, maintained
and used for the sole purpose of temporarily accommodating a motor
vehicle that is not in use.
Pedestal sign shall mean a ground mounted sign which conforms
to the standards of Plate 2.
Person shall mean any individual, partnership, association,
corporation, unit of government or any other legal entity.
political sign shall mean a sign advertising a candidate for
public office, a political party or a particular voting preference.
Portable outdoor sign shall mean an outdoor sign that is not
permanently attached into the ground or a structure.
Primary Dwelling unit shall mean the main structure located on
the subject property which is distinguishable from any accessory
dwelling unit because it is greater in total square footage.
Primary vehicular access shall mean the major street from
which the majority of vehicles enter the subject property.
Private
advertising sign
shall
mean
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 shall mean an association of persons organized
for
some
common
purpose,
but
not
including
groups
organized
primarily
to
sell
merchandise
or
render
a
service
which
is
customarily carried on as a business.
Private notice sign shall mean a sign announcing a restriction
or warning regarding the subject property, such as but not limited
to "no trespassing" or "beware of dog."
ORD #96-269, PAGE 29
('
(
Private traffic direction sign shall mean a sign on private
property which provides information for vehicular movement while on
that property.
Projecting sign shall mean a sign, other than a wall mounted
or marquee sign, which is attached to and projects from a structure
or building face.
Property line shall mean those lines enclosing the subject
property and those lines defining a recorded vehicular access
easement or tract. The following are categories of property lines:
(1)
The front property line is any property line that is
adjacent to a right-of-way which is more than 21 feet in
width, excluding Interstate 5. If the subject property is
adjacent to more than one right-of-way which is more than
21 feet in width, the applicant shall designate which of
the adjacent property lines is the front property line
and the remainder of such 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
director
of
the
department
of
community
development.
ORD #96-269, PAGE 30
(
(
(2)
The rear property line is any property line that is
farthest from,
and essentially parallel to,
the front
property line.
(3)
The side property line is any property line other than a
front property line or a rear property line.
Public park shall mean a natural or landscaped area, provided
by a unit of government, to meet the active or passive recreational
needs of people.
Public utility shall mean 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
limi ted
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.
Public
works
director
shall
mean
the
director
of
the
department of public works of the city.
Real estate, off-site sign,
shall mean 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 sign, shall mean a sign announcing the
sale or rental of the property upon which the sign is located.
ORD #96-269, PAGE 31
(
r
Regulated lakes shall mean the following wetlands as shown in
the King County Wetlands Inventory Notebooks, Volume 3 South:
(1)
(2)
Lower puget Sound 6,7, 12, 15, 16 and 17.
Hylebos 2, 11, 13 and 16.
Regulated wetlands shall mean those areas that are inundated
or saturated by surface or groundwater at a frequency and duration
sufficient to support,
and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated
soil
conditions.
Wetlands
generally
include
swamps,
marshes,
bogs,
and
similar areas,
with the
exception
of
the
following
areas
shown
in
the
King
County
Wetlands
Inventory
Notebook, Volume 3 South:
(1) Lower puget Sound Beach;
(2) Lower puget Sound 1 and 51; and
(3) Areas defined as a regulated lake.
Methodology in the January 1989 Federal Manual for Identifying and
Delineating Jurisdictional Wetlands and subsequent United states
Army Corps of Engineers regulatory guidance letters will be used
for regulatory delineations of wetlands within the city.
Although a site specific wetland may not meet the criteria
described above, it will be considered a regulated wetland if it is
functionally related to another wetland that meets the criteria.
Relative shall mean persons connected through blood, marriage
or other legal relationships by not more than four degrees or
affinity
or
consanguinity
and
including
persons
under
legal
guardianship.
ORD #96-269, PAGE 32
('
r
Required yards shall mean the areas adjacent to and interior
from the property lines and high- water mark 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:
(I)
Front. That portion of a lot adjacent to and parallel
with the front property lines and at a distance therefrom
equal to the required front yard depth.
(2)
Rear. That portion of a lot adjacent to and parallel with
the rear property line and at a distance therefrom equal
to the required rear yard depth.
(3)
High-water line yard. That portion of a lot adjacent to
and parallel with the high-water mark and at a distance
landward therefrom established in this chapter.
(4)
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. All required yards not
otherwise categorized shall be designated side yards.
Residential use shall mean developments and occupancy in which
persons sleep and prepare food, other than developments used for
transient occupancy.
Residential zone shall mean the following zones: BE, 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.
ORD #96-269, PAGE 33
(
(
Restaurant or tavern shall mean commercial use (excluding fast
food restaurants)
which sells prepared
food or beverages
and
generally for consumption on the premises.
Retail establishment shall mean a commercial enterprise which
provides goods and/or services
directly to the consumer,
where such goods are available
for
immediate purchase and removal from the premises by the purchaser.
Right-of-way shall mean land dedicated or conveyed to the
public or a unit of government, the primary purpose of which is the
movement of vehicles and/or pedestrians and providing for access to
adjacent parcels, with the secondary purpose of providing space for
utility lines and appurtenances and other devices and facilities
benefiting the public.
Right-of-way realignment
shall
mean
the
changing
of
the
horizontal position of the improvements in a right-of-way.
Roofline shall mean 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 shall mean the overland or subsurface flow of water.
Schools shall mean 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.
Shared access points shall mean a common point of vehicle
access from a street to more than one lot or use.
ORD #96-269, PAGE 34
(
Sign shall mean 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:
(1)
(2)
To identify a building, use, business or event.
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 considered as
part of the sign.
Sign area
shall mean the entire area of a sign on which
graphics, letters, figures, symbols, trademarks and/or written copy
is
to
be
placed,
excluding
sign
structure,
architectural
embellishments and framework. Sign area is calculated by measuring
the perimeter enclosing the extreme limits of the module or sign
field
containing
the
graphics,
letters,
figures,
symbols,
trademarks and/or written copy; provided, however, that individual
letters, numbers or symbols using a canopy, awning or wall as the
background,
without added decoration or change
in the canopy,
awning or wall color, have sign area calculated by measuring the
perimeter enclosing each letter, number or symbol and totalling the
square footage of these.
ORD #96-269, PAGE 35
(
n
Sign field shall mean the background upon which the graphics,
letters, figures, symbols, trademark or written copy of a sign are
placed.
Significant natural vegetation shall mean any area containing
a concentration of significant trees;
any area of significant
biological
importance;
and any area containing dense,
mature,
native vegetation.
Significant trees: A significant tree shall be defined as:
(1)
Twelve inches in diameter or 37 inches in circumference
measured four and one-half feet above ground; and
(2)
(3)
In good health; and
Not detrimental to the community (e.g. is not diseased,
dying, or likely of falling into public open space or
right-of-way,
etc. )
or obscuring safe sight distance
requirements. Significant trees shall not include red
alder, cottonwood, poplar or big leaf maple.
[add diagram from pg 1628.3 here]
silt or sediment shall mean the soil particles mobilized and
deposited by the processes of erosion and deposition.
Single Housekeeping Unit shall mean an individual or two or
more individuals related by not more than four degrees of affinity
or consanguinity and including persons under legal guardianship, or
a group of not more than three persons who are not related by four
or fewer degrees of affinity or consanguinity; provided, however,
that any limitation on the number of residents resulting from this
definition shall not be applied if it prohibits the city from
ORD #96-269, PAGE 36
(
(
making reasonable accommodations to disabled persons in order to
afford such persons equal opportunity to use and enjoy a dwelling
as required by the Fair Housing Amendments Act of 1988, 42 D.S.C.
3604(f)(3)(b).
Single-use building shall mean a building which contains one
use.
Small
animals
shall mean dogs,
cats,
birds,
small
exotic
animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats
and similar small wild animals.
Social
Service Transitional Housing shall mean facilities
other than offices and group homes as defined in this chapter,
operated by a nonprofit social service agency, licensed as required
by the state,
providing temporary and transitional housing to
individuals on an as-needed basis including, but not limited to,
emergency
shelters,
homeless
shelters,
and
other
such
crisis
intervention facilities.
This classification includes domestic
violence shelters as defined herein,
except that such shelters
wherein the total number of residents does not exceed the maximum
number
allowed
under
the
family
definition,
may
be
permitted
outright in all residential zones.
Type A:
Maximum number of residents to be consistent
with the maximum number of unrelated adults allowed under
the zoning definition of family.
Type B:
All social service transitional housing not
meeting the definition of
"Type A",
above.
Maximum
number to be determined on a case by case basis.
ORD #96-269, PAGE 37
(
(
The
limitation on the number of
residents
in
social
service
Transitional Housing shall not be applied if it prohibits the City
from making reasonable accommodations to disabled persons in order
to afford such persons equal opportunity to use and enjoy a
dwelling as required by the Fair Housing Amendments Act of 1988,42
D.S.C.3604(f)(3)(b).
Special Needs Housing shall mean housing not specifically
defined by this chapter, and which will be processed under the
classification most
closely
related
to
the
proposed
use,
as
determined by the Director of Community Development Services.
State environmental policy act shall mean RCW ch. 41.23C.
storm drainage shall mean the movement of water,
due to
precipitation, either surficially or subsurficially.
story shall mean 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 three feet below
finished grade,
the
area between that
floor
and the
ceiling
directly above is not a story.
Stream
shall mean 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 shall mean both of the following:
(1)
(2)
A public right-of-way.
A vehicular access easement or tract.
ORD #96-269, PAGE 38
---'-"""""""""'-"'"
(
r
street providing direct vehic~e access shall mean the street
from which
a
vehicle
can
enter
the
subject
property
without
traversing another street or piece of property. In the case of a
multiuse 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 shall mean 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 shall mean any change in the supporting
member of a building or structure.
Subject property shall mean the entire lot or parcel,
or
series of lots or parcels, on which a development, activity or use
is or will locate or on which any activity or condition regulated
by or subject to this chapter is or will occur or take place.
Temporary commercial sign shall mean 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.
Tenant
improvement
shall
mean
any
work,
improvement
or
remodeling completely within the interior of a building necessary
to
meet
the
varied
requirements
of
continuing
or
succeeding
tenants.
ORD #96-269, PAGE 39
""",----,-"""""""--",-,,,,"""'" ..,.""""<"""~
(
(
Topsoi~ shall mean 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 shall mean signs, signals, stripes and
other mechanical or graphic items which control the flow, direction
or speed of vehicular and pedestrian traffic.
Under marquee sign shall mean a sign which is attached to and
suspended from a marquee or canopy and which does not extend beyond
the marquee or canopy.
Use shall mean the nature of the activities taking place on
private
property
or within
structures
thereon.
Each
separate
listing under the "Use" column in sections 22-596 through 22-878 is
a separate use.
Vehic~e service station shall mean a commercial use supplying
petroleum products that are for immediate use in a vehicle.
Vehic~e storage area shall mean an outside area which is used
for the storage and/or display of operational vehicles.
Vehicular access easement or tract shall mean 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.
Wa~~ mounted sign shall mean a sign attached to and extending
not more than 18 inches from the facade or face of a building or a
ORD #96-269, PAGE 40
""""""""""""",."""""""""",,;, ",."
"Hi
c
(
mansard roof with the exposed face of the sign parallel to the
facade or face of the building or mansard roof.
Waterward shall mean toward the body of water.
Well head shall mean the top of the shaft of a well or similar
water extraction facility from which potable water is extracted.
Wholesale trade shall mean a commercial establishment which
sells to retail establishments.
Zones shall mean use zones as described in sections 22-596
through 22-878.
Zoning map shall mean 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.
(Ord. No. 90-43, § 2(3.10),2-27-90; Ord. No. 90-51, §§ 1,2, 3-27-
90; Ord. No. 91-87, §§ 2--4, 2-5-91; Ord. No. 91-92, § 4, 4-16-91;
Ord. No. 91-100, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord.
No. 91-113, § 3, 12-3-91)
section 4.
Prohibi tion of Junked or Inoperable
Vehicles
Federal Way city Code section 22-952. Junk and
junkyards prohibited., is hereby amended to provide as
follows:
It is a violation of this chapter to accumulate
junk, or for a property owner or the person in control of
property to allow junk. iunked or inoperable vehicles to
accumulate,
on the subj ect property.
In addition,
a
junkyard is not permitted in the city.
Section
5.
Severability.
The
provisions
of
this
ordinance are declared separate and severable.
The invalidity of
ORD #96-269, PAGE 41
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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 6.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 7.
Effective Date.
This ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage, as provided by law.
this
PASSED by the city Council of the City of Federal Way
194). day of ~UrU
U CITY OF FEDERAL WAY
/ J¡;;:£IJ~V
MAYOR, MARLON S. PRIEST
, 1996.
ATTEST:
, CMC
APPROVED AS TO FORM:
~T 0', -....."
~ LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K: \ORO IN\JUNK.ORO(LE :94-390)
06-11-96
06-18-96
07-13-96
07-18-96
96-269
ORD #96-269, PAGE 42