Chapter 19.265
ACCESSORY USES AND FACILITIES

Sections:

19.265.010    Accessory uses, buildings, and structures.

19.265.020    Accessory dwelling units.

19.265.010 Accessory uses, buildings, and structures.

(1) Generally. As limited by this section, accessory uses, buildings, and structures normally associated with a permitted use, building, or structure are permitted as part of that use, building, or structure. Accessory uses, buildings, or structures must be clearly secondary to the permitted principal uses, buildings, or structures.

(2) Authority of director. The director of community development services is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory to the particular permitted principal use, building, or structure.

(3) Accessory building size limits. Both the total gross floor area and footprint of an accessory building must be less than the total gross floor area and footprint of the principal building on the subject property, respectively.

(4) Exceptions and limitations. Where more specific limitations and regulations apply under this title to particular accessory uses or structures, those limitations and regulations supersede the general statements in subsection (1) of this section.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 90-43, § 2(115.10), 2-27-90. Code 2001 § 22-946.)

19.265.020 Accessory dwelling units.

(1) Purpose. In order to provide affordable housing to the citizens of Federal Way and in order to comply with the Growth Management Act and the Washington State Housing Policy Act, this section permits accessory dwelling units (“ADU”) which comply with the conditions set forth in this Code.

(2) Definitions. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC.

(3) Permit requirements. Owners desiring to construct and/or operate an ADU shall be required to apply for and obtain an ADU permit from the department of community development services, comply with all the special regulations set forth in FWRC 19.195.180 and 19.200.180, comply with all other applicable law, obtain all other necessary permits and pay all fees in connection with such construction or operation. The application shall be accompanied by the appropriate application fee as established by the city’s adopted fee schedule. The department of community development services may issue a certificate of ADU compliance on the basis of inspection(s) of the ADU, and may require corrections as appropriate under the Uniform Building Code and other applicable codes or laws. In the event the ADU does not comply with such applicable laws, the department of community development shall deny the ADU application unless the ADU is exempt pursuant to subsection (4) of this section.

(4) Exemption/nonconformance. No ADU permit is required for legal nonconforming ADUs which are permitted pursuant to FWRC 19.30.140, Nonconformance.

(5) Enforcement. ADUs not complying with the provisions of this section within 12 months of the effective date of adoption of the ordinance codified in this section and/or ADUs not constituting a legal nonconforming ADU pursuant to FWRC 19.30.140 are subject to the enforcement provisions of Chapter 19.10 FWRC regarding enforcement of Code violations and are subject to all other enforcement remedies available to the city by applicable law, including, without limitation, the requirement for the property owner to immediately abate or discontinue such ADUs.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 95-245, § 3(B), 11-21-95. Code 2001 § 22-965.)