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Ord 01-398 ORDINANCE NO. 01-398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE CHAPTER TWENTY-TWO, ARTICLE IV WITH RESPECT TO NONCONFORMANCES CREATED BY GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT OF WAY EXPANSION (Amending Ordinance Nos. 90-43, 91-113, 92-135, 92-144,95-235,97-307, & 99-357). WHEREAS, Chapter III of the Federal Way Comprehensive Plan contains level of service standards for streets and roadways within the City of Federal Way; and WHEREAS, maintaining level of service standards as set forth in the Comprehensive Plan occasionally requires the City to purchase property and widen existing rights-of-way in order to provide additional vehicle capacity; and WHEREAS, such widening can result in a property and/or a building being nonconforming with respect to required building and sign setbacks from the right-of-way, or with respect to minimum landscape buffers required along parking lots and or street frontage; and WHEREAS, Federal Way City Code ("FWCC") Section 22-334 may require that a property owner bring a nonconforming structure or improvement into compliance with FWCC requirements if the applicant proposes to change the use of a property on which a nonconforming development is located, or if the applicant proposes to increase the gross floor area of any use on the subject property; and WHEREAS, the foregoing requirements could require major building remodeling or relocation as part of even relatively minor changes in use or expansions in gross floor area of a structure; and WHEREAS, the potential that nonconformances created by widening ofthe right-of-way may need to be remedied as part of relatively minor future development or improvements complicates the City's acquisition of property for right-of-way expansion; and ORD #01-398 ,PAGE I t~[PY , WHEREAS; the City desires to relieve property owners from the burden of potentially applicable nonconforming use requirements, without the necessity of a variance process, when the nonconformance is created by government acquisition of property; and WHEREAS, FWCC Section 22-528 provides for amendments to the text of Chapter 22 of the FWCC if the City finds that a proposed amendment is consistent with the applicable provisions of the comprehensive plan; the proposed amendment bears a substantial relation to public health, safety, or welfare; and the proposed amendment is in the best interest of the residents of the City; and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on the proposed code amendments on June 6, 2001; and WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council considered the code amendments relating to nonconformances created by government acquisition of property for right of way expansion on June 18,2001; and WHEREAS, the City Council considered the proposed code amendmentsrelatingto nonconformances created by government acquisition of property for right of way expansion on July 3, 2001 and July 17. , 200 I. NOW, THEREFORE, THE CiTY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Chapter 22, Article IV, Section 22-335 of the City of Federal Way City Code is amended as follows: 22-335 Nonconforming signs (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, this section provides for up to 10 years ORD#01-398 , PAGE 2 of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this I O-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (I) Eligibility. Any nonconforming sign located within the city limits on the date of adoption oft his Code, February 28,1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or b. ¡fno sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (d) Legal nonconforming sign permit. (I) Required. A legal nonconforming sign permit is required for each legal nonconformingsign. The ORD# 01-398 ,PAGE3 penn it shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconfonning. Thepennitshall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in subsection (e) of this section. (2) Necessary infonnation. Applications for a legal nonconfonning sign pennit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent infonnation as the director of community development may require to ensure compliance with the Code, including proof of the date of installation of the sign. (3) Failure to comply. A legal nonconfonning sign for which no penn it has been issued within the 60-day period shall within six months be brought into compliance with the Code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of FWCC 22-1604. (e) Amortization. All legal nonconfonning signs shall be discontinued and removed or made confonning within 10 years from the effective date of this Code, on or before February 28,2000, and all signs which are made nonconfonning by a subsequent amendment to this Code shall be discontinued and removed or made confonning within five years after the date of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into confonnance with this Code, with a pennit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into confonnance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (I) Applicability. This subsection applies to any sign, which is required to be removed pursuant to subsection (e) ofthis section following expiration ofthe amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may ORD # 01-398 , PAGE 4 provide relief from the effect of the sign amortization program when its enforcementwould fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements ofthe sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is hannonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; c. The enforcement of this Code would result in a substantial hardshiptotheapplicantduetothe size, shape, topography, location or surroundings ofthe subject property and such hardship was not created by any action of the applicant or would result in a substantial economic hardship to the applicant because the applicant erected a sign, or made an application for a sign penn it, between February 28, 1990, and June 6, 1995, in compliance with the existing sign code; d. The sign complies with the city'sminimumsign distanceat intersection requirements pursuant to FWCC 22-1151 et seq.; e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; ORD# 01-398 ,PAGE 5 f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (t), the city will process an application for a sign amortization exemption or extension through process 1 of this Code. (g) Loss oflegal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more ofthe following events occurs: (I) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any l2-month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessedvalueofthat structure as determined by the King County assessor. (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. ORD # 01-398 , PAGE 6 (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this Code, shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (h) Historic signs. Nonconforming on-site historical signs may be retained through process II, Article VII of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (I) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailingsignageduringthe period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (i) Government acquisition ofvrovertv for rif!;ht-of-way, (I) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-wav as a result of a.local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforminl!: sign and shall be allowed subject to the requirements of subsection (3) of this section. (2) The City may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the followinl!: criteria: a. The enforcement ofthis code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required ORD # O1-~QR ,PAGE 7 setback. and such hardship was created solely by local. state. or federal government acquisition of property for right-of-way expansion and not by anv action of the applicant; b. The sign is not prohibited by FWCC 22-1600 and. except for location within a required setback. complies with all other requirements of FWCC 22-1596 - 22-1629; c. The sign complies with the city's minimum silZht distance at intersection requirements pursuant to FWCC 22-1151 et seQ.; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety. and welfare. (3) Loss of lef!al nonconforminf! sif!fl status. All nonconfonning signs specified in subsections (I) and (2) of this section shall be immediately removed or modified to confonn to all the provisions of this chapter, and a new penn it secured therefore, and such nonconfonninlZ sign shall immediately lose its legal nonconfonning designation when one or more of the following events occurs: a. The applicant is making anv changes. alterations. or perfonns any work to the legal nonconfonning sign other than regular and nonnal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided however. that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconfonning sign designation; aOO Q!' b. The applicant is making any changes. alterations, or perfonnswork other than nonnal maintenance or other than tenant improvements to anv structure or improvement that houses or supports the use with which the nonconfonning sign is associated, and the fair market value ofthose changes, alterations. or other work, in anv one consecutive 12-month oeriod exceeds 75 percent of the assessed value ofthat structure or improvement, as detennined by the King County Assessor. The applicant may provide an appraisal of the structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to ORD#01-1QR ,PAGE 8 the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal acceptable to the CitY is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforminl!: development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold, which would tril!:ger application of this subsection. {ilExemption. The city may elect not to apply any provisions of this FWCC 22-335 ¡fthe removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, § 2(165.35 (5»,2-27-90; Ord. No. 91-113, § 4 (165.35(5»,12-3-91; Ord. No. 92-135, § 3 (165.35(5)),4-21-92; Ord. No. 92-144, § 3 (165.35(5», 6-16- 92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3,12-16-97; Ord. No. 99-357, § 4,12-7-99) Section 2. Chapter 22, Article IV, Section 22-339 ofthe City of Federal Way City Code is amended as follows: 22-339 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article 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 Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected. (2) Governmental acquisition of property for rif!:ht-of-wav expansion. A proposal for structural alterations or change in use shall not trigger a requirement otherwise applicable under FWCC 22-334 that an applicant correct an existing nonconformance as to lot coverage, minimum lot size, parkinl!:, ORD # 01-198 , PAGE 9 landscaping, or setback requirements. if the nonconfonnance was created solelv bv a local, state, or federal government acquisition of property for right-of-wav expansion. and if the proposal meets the following requirements: a. The nonconfonnity is not, in anv wav, enlarged, expanded. increased, intensified, compounded, or in any other wav made greater; b. The fair mm'ht "81I1D_Bftn9 81(9ratimw 88"-6 IlBt e"~o~.~r_~~nt BftAD 86696698 ~ Bftn9 "(rIlBtllr.. 8B getgRIliA98 ¡,~' tAg KiAI', C9u~' 8668"GÐr The applicant is making anv alteration or chanl!:es or doilllt anv work other than tenant improvements and the fair market value of the alteration challlte or other work in anv one consecutive 12-month period does not exceed 75 percent ofthe assessed or appraised value of the improvement. The applicant may provide an appraisal of the improvements. The appraisal must be from a source that is acceptable to the city. The community development services director mav require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal acceptable to the City is provided by the applicant or required by the city. the larger ofthe two amounts shall be used. For purposes of detennining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconfonning development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold which would trigger application of this subsection; and d. The proposal is otherwise consistent with the public health, safety. and welfare. mOther government regulations. ather than as specified in subsection (I) of this section, the city may, using process IV, exempt a property or use from any of the requirements of this article if: a. The actions or events which Conn the basis of requiring that nonconfonnance 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 ORD #01-398 ,PAGE 10 the expected useful life ofthe nonconfonning aspect; and c. The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconfonnance. (Ord. No. 90-43, § 2(165.50), 2- 27-90; Ord. No. 91-113, § 4(165.50),12-3-91; Ord. No. 92-135, § 3(165.50), 4-21-92; Ord. No. 92-144, § 3(165.50), 6-16-92; Ord. No. 97-307, § 3,12-16-97) Section 3. Severability. The provisions ofthis 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. ORD # 01-398 ,PAGE!! ~l!l'1 PASSED by the City Council of the City of Federal Way this 1L day of MII1200]. CITY OF FEDERAL WAY ~~~ Mayor, Mike. r / ApPROVED AS TO FORM: ~ C!-.~ City Attorney, Bob C. Sterbank FILED WITH ruE CITY CLERK:06/26/01 PASSED By ruE CITY COUNCIL:O7/17/0 1 PUBLISHED: 07/21/01 EFFECTIVE DATE: 07/26/01 ORDINANCE No. 01-398 K/CD/oro;...JCOO, Am~dm"'" PC "';,"""/01 ORD # 01-398 ,PAGE 12