Ord 02-419
ORDINANCE NO.
02-419
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL
WAY CITY CODE TO ADDRESS NONCONFORMING SINGLE F AMIL Y
RESIDENTIAL USES
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996. which
significantly revised the Federal Wcry City Code (FWCC), Chapter 22 (Zoning).
WHEREAS, the City of Federal Way finds that the amendment to FWCC, Chapter 22 (Zoning),
to allow the expansion of a non-conforming single family residential use located in a zoning district
which does not allow single family residential uses, will provide for improved review processes.
WHEREAS, the City of Federal Way finds that the code amendment to allow the expansion of a non-
conforming single family residential use located in a zoning district which does not allow single family
residential uses will implement and is consistent with the Federal Wcry Comprehensive Plan; and
WHEREAS, the City's SEPA Responsible Official issued a Determination of Non significance for
the code amendment to allow the expansion of a non-conforming single family residential use located in a
zoning district which does not allow single family residential uses on August II, 2001; and
WHEREAS, no comments or appeals were received prior to the established SEPA deadlines of
August 27, 2001, and September 10, 2001, respectively, and the initial Determination of Non significance
became final without modification; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendment relating to the expansion of a non-conforming single family residential use located in a
ORD# 02-419
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zoning district which does not allow single family residential uses on May 15, 2002, and forwarded a
recommendation of approval to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council
considered the code amendment to allow the expansion of a non-conforming single family residential use
located in a zoning district which does not allow single family residential uses, on June 3, 2002,
following which it recommended adoption of the text amendment.
WHEREAS, the City Council finds that the code amendment to allow the expansion of a non-
conforming single family residential use located in a zoning district which does not allow single family
residential uses is consistent with the intent and purpose ofFWCC, Chapter 22 (Zoning) to provide for
and promote the health, safety, and welfare of the general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendment will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, 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 proposed FWCC text amendment is consistent with, and substantially implements, the
following Comprehensive Plan goals and policies:
LUPia
Support a diverse community comprised of neighborhoods which provide a
range of housing options; a vibrant City Center: well designed andjunctioning
commercial areas; and distinctive retail areas.
LUPll
Support the continuation of a strong residential community.
ORD # 02-419
, PAGE 2
2.
The proposed amendment bears a substantial relationship to public health, safety, or welfare
because it will enable existing residential uses which became nonconfonning upon
incorporation to upgrade or otherwise enhance or renovate the property and or structure in a
manner similar to what is allowed if the subject property were located in a residential zone.
The renovation and/or modernization of existing structures makes these structures safer and
more livable, which has a direct relationships to the public health, safety, and welfare;
and
3.
The proposed amendment is in the best interest of the residents of the city because it affords
those residents whose property became nonconforming as a result of incorporation to renovate
or make changes to their property in a manner similar to what is allowed of residents who's
property is located in a residential zone.
Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit D-l.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date ofthis
ordinance is hereby ratified and affinned.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
ORD # 02-419
. PAGE 3
on the ~day of
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council
51
,2002.
ApPROVED:
~~
ApPROYED AS TO FORM:
~~
CITY ATTORNEY, BOB STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
06/11/02
07/02/02
07/06/02
07/11/02
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
02-419
ORD # 02-419
, PAGE 4
Exhibit D-1
22-338 Special provisions for residential uses
If the subject property contains a residential use that became nonconforming as to use or density as a
result of the adoption of this chapter, the following regulations apply:
(I) If the improvemellis on the subject property are damaged or destroyed by any sudden cause, the
structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on
the subject property may not be increased from that which existed immediately prior to the damage or
destruction and any other nonconformity of or on the subject property may not in any way be
increased. The provisions of this subsection are only available if the applicant applies for a building
permit within 12 months after the sudden damage or destruction and construction is commenced and
completed under that building permit.
(2) Other than as specified in subsection (I) of this section, the nonconforming use or density must be
corrected if the applicant is making changes, alterations or doing other work, other than normal
maintenance, in any 12-month period to any structure on the subject property containing multi-unit
housing lattached and/or stacked dwelling units) and fair market value of these changes, alterations or
other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. The
applicant may provide an appraisal of the improvement "'hich hag \Jeen àamageà. The appraisal must
be from a source that is acceptable to the city. The community development director may require the
applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears
to be inappropriate. If an appraisal is provided by the appJicant or required by the city, the larger of
the two amounts shall be used. Changes alterations additions or other work is subject to all aDDlicable
reQuirements of the Federal Way Citv Code including but not limited to Drovisions related to
Environmentallv Sensitive Areas IFWCC Art. XIV) Off-street Parking IFWCC Art. XV)
ImDrovements IFWCC Art. XVI) and LandscaDing IFWCC Art. XVII).
13) Other than as sDecified in subsection II) of this section the nonconforming use or density must be
corrected if the aDDlicant is making changes alterations adding imDrovements or doing other work.
other than normal maintenance in anv 36-month Deriod on the subiect DroDertv containing a single-
familv use and fair market value of these changes alterations additions or other work exceeds 75 Dercent
of the assessed or aDDraised value of that single- familv structure. Changes alterations. additions or other
work must comDlv with all bulk dimensional and other develoDment reQuirements for a single family
detached dwelling located in the RS 7.2 zone IFWCC 22-631). The aDDlicant mav Drovide an aDDraisal
of the imDrovement. The aDDraisal must be from a source that is acceDtable to the city. The community
geveloDment director may reQuire the aPDlicant to provide an aDDraisal from a source acceDtable to the
city if the assessed valuation aDDears to be inaDDfoDriate. If an aDDraisal is Drovided bv the aDDlic'!!!t or
reQuired by the city the larger of the two amounts shall be used. Changes alterations. additions or other
work is subiect to all aDDlicable reQuirements of the Federal Wav City Code including but not limited to
Drovisions related to Environmentallv Sensitive Areas IFWCC Art. XIV)' Off-street Parking IFWCC Art.
XV)' ImDrovements IFWCC Art. XVI) and LandscaDing IFWCC Art. XVII).
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, PAGE 5
Exhibit D-I
22-338 Special provisions for residential uses
If the subject property contains a residential use that became nonconforming as to use or density as a
result of the adoption of this chapter, the following regulations apply:
(1) If the improvements on the subject property are damaged or destroyed by any sudden cause, the
structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on
the subject property may not be increased from that which existed immediately prior to the damage or
destruction and any other nonconformity of or on the subject property may not in any way be
increased. The provisions of this subsection are only available if the applicant applies for a building
permit within 12 months after the sudden damage or destruction and construction is commenced and
completed under that building permit.
(2) Other than as specified in subsection (I) of this section, the nonconforming use or denSity must be
corrected if the applicant is making changes, allerations or doing other work, other than normal
maintenance, in any 12-month period to any structure on the subject property containim! multi-unit
housin!! (attached and/or stacked dwellin!! units) and fair market value of these changes, alterations or
other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. The
applicant may provide an appraisal of the improvement "'hieh has b@&R samag@s. The appraisal must
be from a source that is acceptable to the city. The community development director may require the
applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears
to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of
the two amounts shall be used. Chan!!es alterations additions or other work is subject to all aoolicable
reQuirements of the Federal Wav CitY Code inc1udin!! but not limited to Drovisions related to
Environmentallv Sensitive Areas (FWCC Art. XIV) Off-street Parkin!! <FWCC Art. XV)
Imorovements (FWCC Art. XVI) and Landscaoin!! (FWCC Art. XVII).
(3) Other than as soecified in subsection (\) of this section. the nonconformin!! use or densitY must be
corrected if the aoolicant is makin!! chan!!es alterations addin!! imorovements or doin!! other work
other than normal maintenance. in anv 36-month oeriod. on the subiect orooertv containin!! a sin!!le-
familv use and fair market value ofthese chan!!es. alterations additions or other work exceeds 75 oercent
of the assessed or aooraised value of that sin!!le-familv structure. Chan!!es alterations additions or other
work must comolv with all bulk. dimensional and other develooment reQuirements for a sin!!le familv
detached dwellin!! located in the RS 7.2 zone (FWCC 22-631), The aoolicant may orovide an aooraisal
of the imorovement. The aooraisal must be from a source that is acceotable to the citY. The communitY
develooment director may reQuire the aoolicant to orovide an aooraisal from a source acceotable to the
citY if the assessed valuation aooears to be inaoorooriate. If an aooraisal is orovided bv the aoolicant or
reQuired bv the citY the larger of the two amounts shall be used. Chan!!es alterations additions or other
work is subiect to all aoolicable reQuirements of the Federal Wav CitY Code includin!! but not limited to
orovisions related to Environmentallv Sensitive Areas (FWCC Art. XIV)' Off-street Parkin!! (FWCC Art.
XV) Imorovements (FWCC Art. XVI). and Landscaoin!! (FWCC Art. XVII).
. PAGE 5
ORD#