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
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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
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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
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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.
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(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
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