Division IV. Development Regulations

Chapter 19.105
GENERAL DEVELOPMENT REGULATIONS

Sections:

19.105.010    Buildable lot.

19.105.020    Essential public facilities.

19.105.030    Lighting regulation.

19.105.040    Regulation of work hours.

19.105.050    Group homes.

19.105.060    Social service transitional housing.

19.105.070    Family day care.

19.105.080    Adult family homes.

19.105.090    Regulated wellhead.

19.105.100    Repair of site improvements.

19.105.010 Buildable lot.

(1) General. It is a violation of this title to erect a structure on or to otherwise use or occupy any lot or parcel unless that lot or parcel is a buildable lot. A lot or parcel is a buildable lot if it meets all of the following criteria:

(a) It was created or segregated pursuant to all applicable laws, ordinances and regulations then in effect.

(b) Except as specified in subsection (2) of this section, it is at least as large as the minimum lot size established by this title.

(c) It is adjacent to a street, access tract, or driveway providing access to that lot or parcel that meets the minimum requirements of the International Fire Code and other code provisions established by or under this title.

(d) Nothing in the above subsections eliminates the requirement to comply with all other provisions of the FWRC, or other applicable regulations, prior to obtaining a building permit or other construction permit.

(2) Exception, detached dwelling units. Subject to all other requirements of this title, an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel, if:

(a) There is or has ever been a residence on the subject property; or

(b) It is a legal nonconforming lot and the owner does not own contiguous lots; or

(c) Lots less than 50 percent of the minimum lot size required by this title are combined with one or more contiguous lots under the same ownership until the resulting lot equals at least 50 percent of the minimum lot size required. If that is not possible, all lots under contiguous ownership are combined into one lot, which may then be developed.

(d) The intent of this exception shall not be to construe remnant lots or tracts as buildable lots. Lots that are not considered buildable lots are those that were not created for the purposes of land development and include, but are not limited to, vacated rights-of-way, tracts, lot fragments resulting from surveying errors, public or private easements, and assessor tax parcels created by segregation.

(Ord. No. 15-804, § 28, 11-3-15; Ord. No. 90-43, § 2(115.80), 2-27-90. Code 2001 § 22-953.)

Cross references: Buildings and building regulations, FWRC Title 13; subdivisions, FWRC Title 18.

19.105.020 Essential public facilities.

(1) Generally. The review and siting of essential public facilities shall conform to the following:

(a) Class I facilities shall be reviewed under process IV, hearing examiner decision. Project review shall also include those special provisions outlined in subsection (2) of this section.

(b) Class II facilities shall be reviewed under the zoning provisions and processes found in their respective zoning districts, unless they are found to be exempt under the Federal Fair Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards.

(2) Site evaluation criteria. The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site Class I essential public facility in Federal Way. These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal’s conformance with each criteria shall be included in the documentation of any city decision relative to the project.

(a) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility.

(b) Relationship of service area to population. The facility should service a share of Federal Way’s population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population.

(c) Minimum site requirements. Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: Minimum size of the facility, access, necessary on-site support facilities, topography, geology and soils and mitigation requirements. The sponsor shall also identify any future expansions of the facility.

(d) Alternative site selection. The sponsor shall document whether any alternative site have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible.

(e) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood.

(f) Public participation. Sponsors shall conduct local out reach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings.

(g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment.

(Ord. No. 97-295, § 3, 5-20-97. Code 2001 § 22-946.1.)

19.105.030 Lighting regulation.

(1) Efficient light sources. The applicant shall utilize energy efficient-light sources.

(2) State code. The applicant shall comply with the state energy code with respect to the selection and regulation of light sources.

(3) Glare from subject property prohibited. The applicant shall select, place and direct light sources both directable and nondirectable so that glare produced by any light source, to the maximum extent possible, does not extend to adjacent properties or to the right-of-way. (See also FWRC 7.05.030.)

(Ord. No. 90-43, § 2(115.85), 2-27-90. Code 2001 § 22-954.)

Cross references: Electric utility, Chapter 11.05 FWRC; nonconformance that must be immediately brought into conformance, FWRC 19.30.060.

19.105.040 Regulation of work hours.

(1) Work hours permitted. Development activities and heavy equipment operations are permitted between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, and between 9:00 a.m. and 8:00 p.m. Saturday, and are not permitted on Sundays or holidays observed by the city, unless otherwise allowed under subsection (2) of this section.

(2) Exceptions. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment other than permitted in subsection (1) of this section, in accordance with the following:

(a) Any exception must be requested by advance written request to the director, including a description of the specific exception(s) requested; proposed temporary construction mitigation measures for any related impacts such as traffic, noise, and glare; and an analysis of how the request meets the following criteria:

(i) The work will not result in substantial adverse impacts to surrounding properties.

(ii) The exception is necessary to avoid undue delay of project completion and/or long-term inconvenience or disruption to the public.

(3) Notice. Unless waived, modified, or exempted by the director under subsection (4) or (5) of this section, applicants granted an exception under subsection (2) of this section shall mail written notice, at least seven calendar days in advance of the approved work, to owners and occupants of property located within 300 feet of project boundaries; and post one or more notice boards on the project site, as determined by the director. Such notice shall include the approved construction hours, general description of construction activities, summary of mitigation measures accepted by the director, and two 24-hour project contacts for the duration of the project.

(4) Waiver of notice. The director may waive or modify the requirements of subsection (3) of this section, based on project location, scope, scale, or alternative comparable notification methods, and/or other reasonable considerations.

(5) Emergency exemption. Projects deemed by the director to be necessary to ensure the immediate safety, health, or welfare of the community, or individuals of the community, or to restore property to a safe condition following a natural or manmade disaster or other emergency, are exempt from the provisions of this section.

(6) Revocations. The director may revoke or modify any exception approved under this section based on verified complaints that the development activity or heavy equipment operation does not meet the terms of the approved exception, or if the activity creates some unanticipated and verifiable adverse effect.

(Ord. No. 09-608, § 3(Exh. A), 4-7-09; Ord. No. 99-341, § 3, 5-4-99; Ord. No. 90-43, § 2(115.25), 2-27-90. Code 2001 § 22-1006.)

Cross references: Licenses and business regulations, FWRC Title 12; buildings and building regulations, FWRC Title 13.

19.105.050 Group homes.

A group home type II proposing to serve juveniles convicted of the offenses listed under group home type III shall be treated as a group home type III.

(Ord. No. 14-771, § 5, 8-12-14; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 27, 1-6-09. Code 2001 § 22-978.)

19.105.060 Social service transitional housing.

Notwithstanding any provision to the contrary, social service transitional housing where the total number of residents does not exceed the maximum number allowed under the definition of “family” may be permitted outright in all zones where residential use is permitted. Any social service transitional housing that exceeds the maximum number of residents allowed under the definition of “family” must be approved under FWCC Title 19, Division VI, District Regulations.

(Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 28, 1-6-09. Code 2001 § 22-979.)

19.105.070 Family day care.

Family day care is permitted in conjunction with any residential use in any zoning district provided it meets all of the following criteria:

(1) The use must be operated as part of a principal residential use.

(2) The use must be licensed by the state, if required. Family child day care homes as defined by RCW 43.215.010 must be licensed by the state Department of Social and Health Services.

(3) All city licensing, zoning, building, housing, and fire regulations applicable to the underlying type of housing in which the use exists (i.e., single-family residence, multifamily residence, etc.) must be met.

(4) Lot size, building size, setbacks, and lot coverage must conform to those applicable to the zoning district. If the lot or structure is legally nonconforming the family day care may be approved through process III review.

(5) No more than two persons who are not residents of the dwelling unit may be employed or work at the family day care at any one time.

(6) One off-street parking space must be provided for each nonresident employee or worker in addition to the spaces required by the zoning district for the residential use. A residential driveway may be used for this purpose.

(7) The city may require an on-site passenger loading area, depending on the number and nature of the attendees and the extent and nature of existing street improvements. If located on a principal arterial street, an off-street passenger loading area must be provided. This requirement is waived for family child care homes if the department of early learning licensor certifies the home as providing a safe passenger loading area.

(8) No exterior alterations are allowed to accommodate the family day care home, including signage.

(9) Only those interior alterations customary to residential use shall be made.

(10) The applicant shall provide documentation that residents living immediately adjacent to the proposal have been notified of the proposal, or the applicant may provide stamped and addressed envelopes of the residents living immediately adjacent to the proposal and the city will notify the neighbors.

(11) The family day care may be required to limit its hours of operation to reduce impacts on nearby residential uses.

(Ord. No. 09-605, § 3(Exh. A), 3-3-09. Code 2001 § 22-980.)

19.105.080 Adult family homes.

Adult family homes are residential uses that are permitted in any zoning district where residential uses are permitted; provided, that they meet all of the following criteria:

(1) The use must be licensed by the state, if required.

(2) All city licensing, zoning, building, housing, and fire regulations applicable to the underlying type of housing in which the use exists (i.e., single family residence, multifamily residence, etc.) must be met.

(3) Lot size, building size, setbacks, and lot coverage must conform to those applicable to the zoning district of the subject property except if the structure is legally nonconforming.

(4) No more than two persons who are not residents of the dwelling unit may be employed or work in the adult family home at any one time.

(5) One off-street parking space must be provided for each nonresident employee or worker in addition to the spaces required by the zoning district for the residential use.

(Ord. No. 15-791, § 3, 5-5-15; Ord. No. 09-605, § 3(Exh. A), 3-3-09. Code 2001 § 22-980.5.)

19.105.090 Regulated wellhead.

Any well constructed after March 1, 1990, must comply with the siting criteria of Chapter 173-160 WAC. Any improvement or use on the subject property erected or engaged in after March 1, 1990, must comply with the requirements in Chapter 173-160 WAC regarding the separation of wells from sources of pollution.

(Ord. No. 15-797, § 14, 6-16-15.)

19.105.100 Repair of site improvements.

If the use conducted on the subject property has ceased for more than one consecutive 12-month period, the applicant shall repair and/or restore the existing improvements on the site (e.g., drainage, landscaping, curbing, parking striping, etc.) to a condition as near as physically possible to the condition required under the approval(s) of the existing development. This provision shall be implemented as a condition of the building permit, land use, or subdivision approval.

(Ord. No. 15-804, § 29, 11-3-15.)