Chapter 22
ZONING

Articles:

I. In General

II. Administration

III. Amendments

IV. Nonconformance

IV.A. Interpretations

IV.B. Process I – Director’s Approval

V. Site Plan Review – Process II

VI. Process III Review – Project Approval

VII. Process IV Review – Hearing Examiner’s Decision

VIII. Process V Review – Quasi-Judicial Rezones

IX. Process VI Review

X. Temporary Uses

XI. District Regulations

XII. Cottage and Compact Single-Family Housing

XIII. Supplementary District Regulations

XIV. Critical Areas

XV. Off-Street Parking

XVI. Improvements

XVII. Landscaping

XVIII. Signs

XIX. Community Design Guidelines

XX. Preapplication Conference

XXI. Development Agreements

Article I.
IN GENERAL

Sections:

22-1 Definitions.

22-2 Authority.

22-3 Purpose.

22-4 Reserved.

22-5 Reserved.

22-6 Modification of interpretation – Permits unaffected.

22-7 Variance, permit, decision or discretionary approval.

22-8 Conflict of provisions.

22-9 Effective date.

22-10 Easement agreements approved by the city attorney.

22-11 Violation of this chapter.

22-12 – 22-30 Reserved.

22-1 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner’s use of the property. “Abandoned” shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure.

Abandoned personal wireless service facility means a PWSF that meets the following:

(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or

(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or

(3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or

(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days.

Accessory means a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property.

Accessory dwelling unit (ADU) means either a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation.

(1) ADU, attached means an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to the primary dwelling unit.

(2) ADU, detached means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit.

Accessory hardship dwelling unit means an attached ADU which satisfies the criteria set forth in FWCC 22-965.

Accessory living facility means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee’s family, or for the business owner/operator and that person’s family.

Adjoining means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone.

Adult entertainment, activity, retail, or use shall mean all of the following:

(1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified “sexual activities” or “specified anatomical areas” (defined below) for observation by patrons therein and which excludes minors by virtue of age.

(2) Adult entertainment shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize “specified anatomical areas” and/or whose performances or other activities include or mimic “specified sexual activities” (defined below) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWCC 9-71(a) and (b).

(3) Panorama and peepshow shall mean as defined in FWCC 9-71(i) and (j).

(4) Adult retail shall mean a retail establishment which, for money or any other form of consideration, either:

a. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult-oriented merchandise; or

b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult-oriented merchandise.

Activities and uses defined as “adult entertainment, activity, retail, or use” are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use.

Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate “specified anatomical areas” or “specified sexual activities” (defined below).

Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones.

Air rights means the right to, in some manner, control the use of the space above the surface of the ground.

AKART means “...all known, available and reasonable methods of prevention, control and treatment” as interpreted in WAC 173-201A-020. This is a technology-based approach to limiting pollutants from wastewater discharges, which requires both an engineering and economic judgment.

Alluvium means soil deposits transported by surface waters.

Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to:

(1) Omni-directional (or “whip”) antenna(s) transmits and receives radio frequency signals in a 360-degree radial pattern.

(2) Directional (or “panel”) antenna(s) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.

(3) Parabolic (or “dish”) antenna(s) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern.

(4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.

Antique or collectible means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. A store or shop selling only such articles, or offering them for sale, shall be considered as a dealership selling antiques or collectibles and not as a dealership selling secondhand merchandise.

Applicant means both of the following, depending on the content:

(1) A person who applies for any permit or approval to do anything governed by this chapter, which person must be the owner of the subject property, the authorized agent of the owner, or the city.

(2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter.

Aquifer means a water-bearing porous soil or rock strata capable of yielding a significant amount of groundwater to wells or springs.

Average building elevation (ABE) means a reference datum on a subject property from which building height is measured. ABE is the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure; provided, that ABE shall not be greater than five feet above the lowest existing or proposed elevation.

Average slope means the average grade of land within each land area representing a distinct topographical change.

Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation.

BMPs or best management practice(s) means maintenance measures and operational practices that are considered the most effective, practical means of preventing or reducing pollution from nonpoint or point sources. BMPs are defined by trade organizations, government agencies, and other organizations involved in pollution prevention and environmental regulation.

Building means a roofed structure used for or intended for human occupancy.

Building mounted signs means all of the following: wall-mounted signs, marquee signs, under marquee signs and projecting signs.

Bulkhead means a wall or embankment used for retaining earth.

Business or vocational school means a post-secondary institution that offers instruction in business principles and practices that will enhance one’s ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computer programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training, or professional training or continuing education in these or similar fields.

Cell-on-wheels (C-O-W) means a mobile temporary personal wireless service facility.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery.

Change of use means a change of use determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of, but not be limited to:

(1) Hours of operation;

(2) Required parking;

(3) Traffic generation;

(4) General appearance;

(5) Type, extent or amount of indoor or outdoor storage; and

(6) Constituents of surface water discharge or runoff.

Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses.

Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes.

Class II home occupation means those family child care homes that qualify under FWCC 22-1069.

College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields.

Collocation means the placement and arrangement of multiple providers’ antennas and equipment on a single support structure or equipment pad area.

Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee.

Commercial use means the uses allowed in the commercial zones and the nonindustrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city.

Commercial vehicle means, unless exempted by FWCC 22-1176 and 22-1178, any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment.

Commercial zones means the BN, BC, CC-C and CC-F zoning districts.

Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not:

(1) Covered by buildings or parking or driving areas.

(2) Covered by any vegetation that impedes access.

(3) On a slope that is too steep for recreational activities.

Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area.

Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.

Contour line means the interconnection of points having the same height above sea level.

Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities.

Cottage housing development (CHD) means residential development consisting of clusters of between four and 16 detached dwelling units, that includes cottages and may include compact single-family units and meets the following criteria:

(1) Dwelling units are limited to a maximum square footage; and

(2) Dwelling units are grouped around a common open space; and

(3) Developments meet a set of design criteria not applicable to typical single-family developments as stipulated in Article XII of this chapter.

Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface infiltration. These areas are hydrogeologically susceptible to contamination and contamination loading potential including, but not limited to, such areas as sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water.

Cross-section (drawing) means a visual representation of a vertical cut through a structure or any other three-dimensional form.

Curb cut means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb.

Day care facility means the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis.

Dedication means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted.

Deleterious substance includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials under this section, “hazardous materials,” whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC.

Development activity means any work, condition or activity which requires a permit or approval under this chapter or the city’s building code.

Development permit means any permit or approval under this chapter or the city’s building code that must be obtained before initiating a use or development activity.

Domestic animal means an animal which can be and is customarily kept or raised in a home or on a farm.

Domestic violence shelters means housing for adult women or men and their dependent children, if any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other of the adult victim.

Dredging means removal of earth and other materials from the bottom of a body of water or watercourse or from a wetland.

Dredging spoils means the earth and other materials removed from the bottom of a body of water or watercourse or from a wetland by dredging.

Driveway means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property.

Dry land means the area of the subject property landward of the high water line.

Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following eight types of dwelling units:

(1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it.

(2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use.

(3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses.

(4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which are either attached or stacked. See definition of “dwelling unit, townhouse.”

(5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily.

(6) Dwelling unit, small lot detached, means detached residential dwelling units developed on multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit’s sides may rest on a lot line (zero lot line) when certain site development conditions are met.

(7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

(8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with common (or “party”) walls. Each unit is located on a lot in such a manner that one or more of the dwelling’s sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple.

Easement means land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.

EMF means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.

Equipment shelter means the structure associated with a PWSF that is used to house electronic switching equipment, cooling system and back-up power systems.

Erosion and deposition means the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water.

Essential public facility is any facility or conveyance which has the following attributes:

(1) It is typically difficult to site due to unusual site requirements and/or significant public opposition;

(2) It is a necessary component of a system, network or program which provides a public service or good;

(3) It is owned or operated by a unit of local or state government, private or nonprofit organization under contract with or receiving government funding, or private firms subject to a public service obligation;

(4) It meets a general and/or specific category for facility types or individual facilities listed below in Class I and Class II essential public facilities.

a. Class I: Facilities of a county, regional or state-wide nature. Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the city, and which may include several local jurisdictions or a significant share of the Puget Sound regional population. Such facilities may include, but are not limited to, the following:

1. State or regional education facilities (except minor branch facilities).

i. Research facilities;

ii. University branch campuses;

iii. Community colleges.

2. State or regional transportation facilities.

i. Light and/or standard rail lines;

ii. Commuter terminals;

iii. Transit centers;

iv. Park-and-ride lots in residential zones.

3. State or regional correctional facilities.

4. Solid waste handling facilities (large scale).

i. Transfer station;

ii. Recycling center.

5. Sewage treatment plants.

6. Power plants.

b. Class II: Facilities of a local nature. Those essential public facilities that are intended to meet the service needs of the local community. In many cases local facilities are characterized by providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to, the following:

1. Substance abuse facilities.

2. Mental health facilities.

3. Group homes/special needs housing.

4. Local schools.

i. Elementary school;

ii. Middle school;

iii. High school.

5. Social service transitional housing.

i. Domestic violence shelter;

ii. Homeless shelter;

iii. Work-release.

Excavate or excavation means the mechanical removal of soils and/or underlying strata.

Family means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than five persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b).

Family child care home means a business regularly providing care during part of the 24-hour day to 12 or fewer children (including the children of the day care provider) in the family abode of the person or persons under whose direct care the children are placed.

Fast food restaurant means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms:

(1) Limited menu of easily produced items.

(2) Orders are not taken at the customer’s table.

(3) Food is served in disposable wrappings or containers.

Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land.

Fill material means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground.

Finished grade means the final contour of the land surface prior to landscaping.

Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right-of-way is the “flag pole” or “access panhandle” part of the lot.

Floor means the horizontal surface inside a structure designed and intended for human use and occupancy.

Gambling use means one of those gambling activities regulated by the state, e.g., “public card rooms,” which involve staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person’s control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not-for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food, or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery Commission.

Geologically hazardous areas means areas which because of their susceptibility to erosion, landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas:

(1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow.

(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas:

a. Any area with a combination of:

1. Slopes greater than 15 percent;

2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and

3. Springs or groundwater seepage.

b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch.

c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action.

d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding.

e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development.

f. Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology.

g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.

(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table.

(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of vertical relief.

Glare means both of the following:

(1) The reflection of harsh, bright light.

(2) The physical effect resulting from high luminances or insufficiently shielded light sources in the field of view.

Government facility means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this chapter.

Gross floor area means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area.

Ground floor means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property.

Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between particles in unconsolidated deposits or along fractures in consolidated deposits.

Groundwater contamination means the presence of any substance designated by the U.S. Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a primary or secondary water quality parameter, in excess of the maximum allowable containment level (MCL).

Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system. Such groups include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work release and pre-release programs. The director of community development services shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a group home type III, and any such home shall be sited according to the regulations contained within type III classification.

Group homes type II-A: Maximum number of 12 residents including resident staff.

Group homes type II-B: Thirteen or more residents including residential staff. Maximum number to be determined on a case-by-case basis.

The limitation on the number of residents in a group home type II shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b).

Group homes type III means housing for adults that have been convicted of a violent crime against a person or property, or have been convicted of a crime against a person with a sexual motivation, or have been convicted or charged as a sexual or assaultive violent predator. These individuals are under the jurisdiction of the criminal justice system or have entered a pre- or post-charging diversion program. Such groups involve individuals selected to participate in state-operated work/training release and pre-release programs or similar programs. Such category does not include full-time detention facilities.

Gymnasium means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts.

Hardship means a current or impending health condition which requires a person to live in close proximity to, and/or share housing with, a caregiver.

Hazardous liquid means: (a) petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 CFR Part 195 in effect March 1, 1998; and (b) carbon dioxide.

Hazardous materials mean any material, either singularly or in combination, that is a physical or health hazard as defined and classified in the International Fire Code, whether the materials are in usable or waste condition; and any material that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC, whether the materials are in usable or waste condition. Hazardous materials shall also include petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge.

Hazardous waste means all dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components (see Chapter 70.105 RCW).

Hazardous waste storage means the holding of dangerous waste for a temporary period (see WAC 173-303-040(85)).

Hazardous waste treatment means the physical, chemical or biological processing of dangerous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97)).

Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or undergo any other related change.

Heavy equipment means high capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower.

Height of structure means the vertical distance above the average building elevation measured to the highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the ridge of the highest principal gable.

High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2, RS 9.6, and comparable zones in other jurisdictions.

Home occupation means an occupation, enterprise, activity or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit and which is not an otherwise permitted use in the zone in which it occurs.

Horizontal dimension means the length of the facade of a structure as measured along a plane, excluding eaves which extend out no more than 18 inches from the exterior walls of the structure.

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities and/or training facilities.

Hotel or motel means a single building or group of buildings containing individual sleeping units intended for transient occupancy.

Improvement means any structure or manmade feature.

Industrial-commercial zone means the CE zoning district.

Industrial uses means those uses allowed only in the CE zone as listed in FWCC 22-861 through 22-864.

Ingress/egress and utilities easement means privately owned land used and legally committed, through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the public. See definition of “vehicular access easement or tract.”

Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is unable to move a distance of 10 feet on level pavement under its own power.

Institutional uses mean the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities.

Irrevocable license means a written irrevocable permission given by a property owner to the city for specified purposes.

Issuance, when used with respect to a decision of the director of community development services or a decision of the hearing examiner issued under this chapter, means the date that is three days after the date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of perjury.

Issuance, when used with respect to a city council decision made by ordinance or resolution while sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.

Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris, trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof.

Junk or junked vehicle means any vehicle substantially meeting at least two of the following conditions:

(1) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission;

(2) Is apparently inoperable;

(3) Is without a current, valid registration plate.

Junkyard means a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk.

Kennel means an establishment, generally retail in nature, which houses, cares for, breeds, raises or sells dogs or cats.

Land division means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development.

Land surface modification means the clearing or removal of trees, shrubs, groundcover and other vegetation and all grading, excavation and filling activities.

Landscaping means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation.

Landward means toward dry land.

Linear frontage of subject property means the frontage of the subject property adjacent to all open, improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, “linear frontage” means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-way.

Lot means a parcel of land having fixed boundaries described by reference to a recorded plat, by reference to metes and bounds, or by reference to section, township and range.

Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single-family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not be credited in calculation of minimum lot area.

Low density use means a detached dwelling unit on a subject property that contains at least five acres.

Low density zone means the following zones: SE and comparable zones in other jurisdictions.

Major stream means any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blockage on the stream course which precludes the upstream movement of anadromous salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage shall be regulated as a major stream.

Manufactured home means a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976).

Manufacturing and production, general, means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors, and is typically carried on for the wholesale market.

Manufacturing and production, limited, means retail establishments engaged in the small-scale manufacture, production, and on-site sales of custom goods and products. This classification includes uses such as ceramic studios; candle-making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; or dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers. These uses are distinguished from “manufacturing and production, general” by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way.

Maximum lot coverage means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWCC 22-955 et seq. for further details.

Mean sea level means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers.

Medium density zones mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions.

Microcell means a wireless communication facility consisting of an antenna that is either:

(1) Four feet in height and with an area of not more than 580 square inches; or

(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.

Minor facility means a wireless communication facility consisting of up to three antennas, each of which is either:

(1) Four feet in height and with an area of not more than 580 inches; or

(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length;

and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area.

Minor stream means any stream that does not meet the definition of “major stream.”

Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft.

Multiuse complex means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multiuse complex.

Natural features mean physical characteristics of the subject property that are not manmade.

Natural materials mean materials chemically unaltered from their natural state.

Noise means the intensity, duration and character of sound from any and all sources.

Nonconformance means any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this chapter or that was not approved by the city of Federal Way through the appropriate decision-making process required under this chapter.

Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath.

Normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions.

Nursing home. See “Convalescent center.”

Occupant means a person that legally occupies a structure or property.

Odor means stimulus affecting the olfactory nerves.

Office use means a place of employment providing services other than production, distribution, sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, savings and loan companies and similar financial institutions.

Office zones mean the PO, OP and CP-1 zoning districts.

Official notification boards of the city means the bulletin boards in the public areas of City Hall and other public locations as designated by city council.

On-site hazardous waste treatment and storage facilities means facilities which treat and store hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel between two properties divided by a public right-of-way, and owned, operated or controlled by the same person, shall be considered on-site travel if:

(1) The travel crosses the right-of-way at a perpendicular intersection; or

(2) The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(39)).

Open record hearing means a hearing that creates the city’s record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city’s hearing examiner or the city council. An open record hearing may be held prior to the city’s decision on an application, or as part of an appeal.

Open space means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils.

Open space, private, means common open space, the use of which is normally limited to the occupants of a single dwelling or building or property.

Open space, public, means open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

Ordinary high water mark means, on lakes, streams and tidal waters, that mark that will be found by examining the bed, banks or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands; provided, that any tidal area where the ordinary high water mark cannot be found based on the previous text of this definition, the ordinary high water mark shall be the line of mean high tide.

Outdoor means not contained within a building.

Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building.

Owner means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property.

Panhandle lot means flag lot.

Parking area means any area designed and/or used for parking vehicles.

Parking space means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use.

Person means any individual, partnership, association, corporation, unit of government or any other legal entity.

Personal wireless service facility (PWSF) means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas.

Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

Preapplication conference means a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to city and other pertinent codes and/or regulations.

Primary dwelling unit means the main structure located on the subject property which is distinguishable from any accessory dwelling unit because it is greater in total square footage.

Primary vehicular access means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property.

Principal use means the primary or predominant use of any lot or parcel.

Private club means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business.

Property line means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines:

(1) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access.

(2) For flag lots, the yard setbacks shall be applied per the following graphic:

(3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line.

(4) The side property line is any property line other than a front property line or a rear property line.

Public park means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people.

Public utility means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis.

Public works director means the director of the department of public works of the city.

Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria:

(1) Has received a baccalaureate or post-graduate degree in earth science or engineering; and

(2) Has sufficient education and experience in geology and hydrogeology as may be demonstrated by state registration, professional certifications, or licensing that enable that individual to make sound professional judgments regarding groundwater and groundwater vulnerability.

Regulated lakes means Wetlands Nos. 8-21-4-26, 7-21-4-71, 11-21-3-9, 14-21-3-2, 14-21-3-5, 13-21-3-12, 9-21-4-38, 17-21-4-55, 20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, city of Federal Way final wetland inventory report, except vegetated areas meeting the definition of “regulated wetland” located around the margins of regulated lakes shall be considered regulated wetlands.

Regulated wetlands. See the definition of “regulated wetlands” under the definition of “wetlands.”

Relative means persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship.

Required yard means the area adjacent to and interior from a property line or the ordinary high water mark (OHWM) of a lot, and is the minimum required distance between a structure and a specific line, such as a property line, edge of private tract, or vehicular access easement that is required to remain free of structures. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are categorized as follows:

(1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth.

(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth.

(3) Ordinary high water line yard. That portion of a lot adjacent to and parallel with the OHWM and at a distance landward therefrom established in this chapter.

(4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards.

Residential use means developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy.

Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions.

Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises.

Retail establishment means a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs, i.e., “big box” retail. Bulk retail is differentiated from general retail by any of the following characteristics:

(1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products;

(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and

(3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick-up area, and high parking-to-building ratios.

Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size of items purchased and sales volume. General and specialty retail includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not a discount or volume warehouse store. Typical user is the general public.

Retail sales, secondhand merchandise means an individual or establishment that sells secondhand merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances; thrift stores; consignment stores; and flea markets. This definition does not include the sale of antiques or collectibles as defined in this article.

Retail shopping center, regional means a series of unified commercial establishments that provide retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to a state or federal highway, with shared parking facilities, with a combined gross floor area of at least 500,000 square feet, and with all or some of the stores configured with an inward orientation and connected with common interior walkway(s).

Right-of-way means land dedicated or conveyed to the public or a unit of government, the primary purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public.

Right-of-way realignment means the changing of the horizontal position of the improvements in a right-of-way.

Roofline means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard.

Runoff means the overland or subsurface flow of water.

Schools means institutions of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature.

Self-service storage facilities means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage.

Shared access points means a common point of vehicle access from a street to more than one lot or use.

Significant natural vegetation means any area containing a concentration of significant trees; any area of significant biological importance; and any area containing dense, mature, native vegetation.

Significant trees. A “significant tree” shall be defined as:

(1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above ground; and

(2) In good health; and

(3) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple.

Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and deposition.

Single housekeeping unit means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than three persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b).

Single-use building means a building which contains one use.

Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals.

Social service transitional housing means facilities other than offices and group homes as defined in this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the “family” definition may be permitted outright in all residential zones.

(1) Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family.

(2) Type B: All social service transitional housing not meeting the definition of “Type A,” above. Maximum number to be determined on a case-by-case basis.

The limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b).

Special needs housing means housing not specifically defined by this chapter, and which will be processed under the classification most closely related to the proposed use, as determined by the director of community development services.

Specified anatomical areas shall mean the following:

(1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities shall mean any of the following:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether or not clothed, of oneself or of one person by another; or

(4) Excretory functions as part of or in connection with any of the activities set forth in this definition.

State Environmental Policy Act means Chapter 43.21C RCW.

Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially.

Story means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story.

Stream means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a developing setting, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural streams which existed prior to construction of the watercourse.

Street means both of the following:

(1) A public right-of-way.

(2) A vehicular access easement or tract.

Street providing direct vehicle access means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multiuse complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex.

Structural alteration means any change in the supporting member of a building or structure.

Structure means anything which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

Structured parking means parking provided on more than one level and within a structure, either above- or below-grade. Structured parking shall not include a surface parking lot.

Subject property means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place.

Support structure means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following:

(1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.

(2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors.

(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad.

(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions.

Temporary personal wireless service facility means a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation.

Tenant improvement means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants.

Threshold determination means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA).

Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation.

Townhouse means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition of “dwelling unit, townhouse.”

Trade school means a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HVAC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending.

Traffic control devices means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic.

Use means the nature of the activities taking place on private property or within structures thereon. Each separate listing under the “Use” column in FWCC 22-596 through 22-906 is a separate use.

Vehicle service station means a commercial use supplying petroleum products that are for immediate use in a vehicle.

Vehicle storage area means an outside area which is used for the storage and/or display of operational vehicles.

Vehicular access easement or tract means privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. See definition of “ingress/egress and utilities easement.”

Waterward means toward the body of water.

Well means a hole or shaft sunk into the earth to tap an underground supply of water.

Wellfield means an area containing two or more wells with overlapping zones of contribution that supply a public water system.

Wellhead means the top of the shaft of a well or similar water extraction facility from which potable water is extracted.

Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well. Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation.

Wellhead protection area (WHPA) means the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act.

Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999, or as subsequently amended, will be used for identification and delineation of wetlands within the city.

Although a site-specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria.

Regulated wetlands means:

(1) Those wetlands, as described below, which fall into one or more of the following categories:

a. Category I wetlands meet one of the following criteria:

1. Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or

2. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or

3. Have three or more wetland classes, one of which is open water.

b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria:

1. Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or

2. Are greater than one acre in size in its entirety; or

3. Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species.

c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands.

(2) See definition of “regulated lakes.”

Wholesale trade means a commercial establishment which sells to retail establishments.

Zero lot line means the location of a building in such a manner that one or more of the building’s sides rest directly on a lot line.

Zones mean use zones as described in FWCC 22-596 through 22-906.

Zoning map means the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43, § 2(3.10), 2-27-90; Ord. No. 90-51, §§ 1, 2, 3-27-90; Ord. No. 91-87, §§ 2 – 4, 2-5-91; Ord. No. 91-92, § 4, 4-16-91; Ord. No. 91-100, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord. No. 91-113, § 3, 12-3-91; Ord. No. 94-223 § 3(A), 10-18-94; Ord. No. 95-245, § 3(A), 11-21-95; Ord. No. 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A), 7-2-96; Ord. No. 97-295, § 3, 5-20-97; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3, 9-16-97; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 99-337, § 2, 3-2-99; Ord. No. 99-347, § 3, 8-3-99; Ord. No. 99-348, § 2, 9-7-99; Ord. No. 99-353, § 3, 11-16-99; Ord. No. 99-357, § 3, 12-7-99; Ord. No. 00-363, § 2, 1-4-00; Ord. No. 01-385, § 3, 4-3-01; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 04-457, § 3, 2-3-04; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 05-506, § 3, 10-18-05; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 06-533, § 5(Exh. A), 9-19-06; Ord. No. 07-545, § 3(Exh. A), 1-2-07; Ord. No. 07-554, § 5(Exh. A(3)), 5-15-07; Ord. No. 07-559, § 3(Exh. A), 7-3-07)

22-2 Authority.

This chapter is adopted under the authority of Article XI, Section 11 of the Washington State Constitution and Chapter 35A.63 RCW. (Ord. No. 90-43, § 2(5.15), 2-27-90)

22-3 Purpose.

The purpose of this chapter is to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the provisions of this chapter. (Ord. No. 90-43, § 2(5.17), 2-27-90)

22-4 Reserved.

Editor’s note – Ordinance No. 97-291, § 3, adopted April 1, 1997, amended and redesignated § 22-4 as 22-354.

22-5 Reserved.

Editor’s note – Ordinance No. 97-291, § 3, adopted April 1, 1997, amended and redesignated § 22-5 as 22-355.

22-6 Modification of interpretation – Permits unaffected.

Any development or other permit issued by the city will be unaffected by any subsequent change, modification, withdrawal or revision of an interpretation of this chapter. (Ord. No. 90-43, § 2(175.70), 2-27-90)

22-7 Variance, permit, decision or discretionary approval.

(a) The city shall enforce the provisions, including any conditions or restrictions, of a variance, permit, decision, or discretionary approval issued under this chapter as if those provisions are part of this chapter.

(b) Under the provisions of this section, the city may void any variance, permit, decision or discretionary approval granted or issued under this chapter.

(c) The city, as the applicant, shall use the same process to determine if a variance, permit, decision or discretionary approval should be voided as it used to grant the variance, permit, decision or discretionary approval.

(d) The city may void a variance, permit, decision, or discretionary approval only if it finds that:

(1) There have been repeated violations of any aspect, including conditions or restrictions, of the variance, permit, decision or discretionary approval; or

(2) The detriment caused by the violations clearly outweighs any public benefit of the variance, permit, decision or discretionary approval.

(e) If the city voids a variance, permit, decision, or discretionary approval, the city will apply and enforce the provisions of this chapter on the subject property, as if the variance, permit, decision or discretionary approval had never been granted. (Ord. No. 90-43, § 2(175.50, 175.55), 2-27-90)

22-8 Conflict of provisions.

The standards, procedures and requirements of the chapter are the minimum necessary to promote the health, safety, and welfare of the residents of the city. The city is free to adopt more rigorous or different standards, procedures and requirements whenever this becomes necessary. If the provisions of this chapter conflict or overlap one with another, or if a provision of this chapter conflicts or overlaps with the provision of another ordinance of the city, the most restrictive provision or the provision imposing the highest standard prevails. (Ord. No. 90-43, § 2(175.75), 2-27-90)

22-9 Effective date.

This chapter, including amendments, applies to every development, use, action or activity commenced or engaged in after February 28, 1990, or the effective date of any amendment. (Ord. No. 90-43, § 2(5.10), 2-27-90)

22-10 Easement agreements approved by the city attorney.

In each case where the city requires an applicant to provide a public walkway, public use area, or other area, facility or structure that is open to the public or required under this chapter, the applicant shall execute an easement or similar document in a form approved by the city attorney. This easement or similar document shall be recorded with the county, at the applicant’s expense and shall run with the property. (Ord. No. 90-43, § 2(175.80), 2-27-90)

22-11 Violation of this chapter.

(a) Violations. It is unlawful for any person to do or cause any of the following to be done and for a property owner to permit any of the following to be done on his or her property contrary to or in violation of this chapter:

(1) Construct, in any way alter, or move any improvement.

(2) Engage in any activity.

(3) Use or occupy any structure or land.

(4) Conduct any use.

(5) Create any conditions.

It is also unlawful for any person to fail to perform any activity or obligation required by this chapter.

Violations identified herein shall constitute misdemeanors subject to criminal prosecution, punishable as set forth herein. This chapter is also subject to civil enforcement, as set forth herein.

(b) Criminal enforcement. Upon conviction of an unlawful act under or violation of this chapter, the property owner or other person may be punished by a fine of not more than $5,000 or imprisoned for not more than six months or both for each day or part of a day during which the unlawful act or violation occurs. The property owner or other person may also be ordered to discontinue the unlawful act or correct the violation. Criminal enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, civil enforcement as specified herein or Chapter 1 FWCC, Article III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter.

(c) Civil enforcement. Civil enforcement of the provisions of this chapter and the terms and conditions of any permit or approval issued pursuant to this chapter shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter. (Ord. No. 90-43, § 2(175.45), 2-27-90; Ord. No. 99-342, § 5, 5-4-99)

22-12 – 22-30 Reserved.

Article II.
ADMINISTRATION

Sections:

Division 1. Generally Permits and Review Processes Under This Chapter

22-31 Exemptions from the requirements of the Regulatory Reform Act of 1995 (Chapter 36.70B RCW).

22-32 Exceptions.

22-32.2 Review processes for improvements and additions to developed sites.

22-33 Development application submittal requirements.

22-34 Application cancellation.

22-35 Optional consolidated permit process.

22-36 – 22-55 Reserved.

Division 2. Planning Commission

22-56 Creation.

22-57 Membership.

22-58 Appointment.

22-59 Jurisdiction, powers and authority.

22-60 Rules of procedure.

22-61 Additional committees, boards, commissions, councils, and individuals.

22-62 – 22-80 Reserved.

Division 3. Hearing Examiner

22-81 Creation.

22-82 Appointment.

22-83 Qualification.

22-84 Jurisdiction, powers and authority.

22-85 Rules of procedure.

22-86 – 22-100 Reserved.

Division 4. Department of Community Development

22-101 General responsibility.

22-102 Authority.

22-103 Forms and operating procedures.

22-104 Code enforcement officer.

22-105 – 22-120 Reserved.

Division 5. Enforcement

22-121 Code enforcement officer – Duty to investigate.

22-122 Code enforcement officer – Entrance on private property.

22-123 – 22-127 Reserved.

22-128 Zoning citation.

22-129 Civil enforcement.

22-130 – 22-145 Reserved.

Division 6. Bonds

22-146 Maintenance bond.

22-147 General performance bond.

22-148 Type of bond.

22-149 Amount of bond.

22-150 Assistance in determining estimated costs.

22-151 Supplemental administrative costs.

22-152 Bond agreement.

22-153 Irrevocable license signed by the owner of the subject property.

22-154 Release of bond and cash deposit.

22-155 Use of proceeds – Notice to property owner.

22-156 Use of proceeds – Work by city.

22-157 Use of proceeds – Refund of excess – Charge for all costs.

22-158 Use of cash deposit.

22-159 Itemized statement.

22-160 – 22-175 Reserved.

Division 7. Permits and Certificate of Occupancy

22-176 Permits under the building code.

22-177 Conformity required.

22-178 Required information.

22-179 Exemption from review.

22-180 Certificate of occupancy.

22-181 – 22-195 Reserved.

Division 8. Variances

22-196 Procedure generally.

22-197 Application information.

22-198 Criteria for grant.

22-199 Denial.

22-200 – 22-215 Reserved.

Division 1. Generally Permits and Review Processes Under This Chapter

22-31 Exemptions from the requirements of the Regulatory Reform Act of 1995 (Chapter 36.70B RCW).

Certain types of projects such as adoption or amendment of a comprehensive plan, sub-area plan or development regulations are not subject to the mandates of Chapter 36.70B RCW. In addition, a local government may exempt other approvals relating to the use of public areas or facilities and other permits, whether administrative or quasi-judicial, determined by the local government to be a special circumstance warranting a different review process. Yet other projects that may be exempt from certain provisions of the act include projects which are categorically exempt from environmental review or for which environmental review has already been completed under the provisions of the State Environmental Policy Act (SEPA). In general, these projects are anticipated to have no impacts or potential impacts would have been addressed during prior environmental review.

Based on the provisions of the act, the city has developed the following three categories within which exempt projects fall: Projects exempt from all of the procedural requirements of Chapter 36.70B RCW; projects exempt only from the 120-day time line requirement of RCW 36.70B.090; and projects exempt from certain notice or application and notice of decision requirements in RCW 36.70B.110 and 36.70B.130.

(1) Exempt projects. The following projects are exempt from RCW 36.70B.060 through 36.70B.090 and 36.70B.110 through 36.70B.130:

a. Adoption or amendment of a comprehensive plan.

b. Adoption or amendment of a sub-area plan.

c. Adoption or amendment of a development regulation.

d. Area-wide rezones.

e. Site-specific rezones.¹

f. Historic or landmark designations.

g. Street or other public right-of-way vacations.

h. Annexations of land to the city including annexation agreements.

i. Planned actions as defined in Chapter 43.21C RCW.

j. Adoption or amendment of development agreements pursuant to RCW 36.70B.170.

k. Preliminary plat.²

(2) Projects exempt from 120-day time line. Projects within subsection (2)(a) are exempt from the 120-day time line set by RCW 36.70B.090. In addition, the time periods specified within subsection (2)(b) are excluded from the 120-day time line.

a. 1. Projects requiring a comprehensive plan amendment.

2. Projects requiring an amendment to the development regulations.

3. Applications for fully contained communities as provided in RCW 36.70A.350.

4. Applications for master planned resorts as provided in RCW 36.70A.360.

5. The siting of an essential public facility as provided in RCW 36.70A.200.

6. A project that is substantially revised in which case it shall be treated as a new submittal required to meet all requirements for a complete application as set out in FWCC 22-33.

7. Capital facility projects of the city.

b. 1. Any time period during which the applicant has been requested by the director of community development services to complete studies, correct plans, supplement insufficient information, or respond to requests for additional information.

2. Any period during which an environmental impact statement is being prepared; said time period must be agreed upon by the applicant and the director of community development services.

3. Any period for administrative appeals of a project permit. The time period for an open record appeal hearing shall not exceed 90 days, and for a closed record appeal hearing, said time period shall not exceed 60 days.

4. Any extension of time mutually agreed upon by the applicant and the director of community development services.

(3) Projects exempt from certain process requirements. The act allows a local government to exempt certain projects from RCW 36.70B.060, and RCW 36.70B.110 through 36.70B.130. Therefore, the following projects have been exempted from the requirements to issue a public notice of application and notice of decision.

a. Lot line eliminations and boundary line adjustments.

b. Building and other construction permits or similar administrative approvals, categorically exempt from SEPA.

c. Building and other construction permits or similar administrative approvals for which SEPA review has been completed in conjunction with other project permits. (Ord. No. 97-291, § 3, 4-1-97)

22-32 Exceptions.

Permits for the following are exempt from the provisions of process I through IV:

(1) The development of one detached dwelling unit on a pre-existing lot.

(2) Any tenant improvements or normal maintenance on the subject property necessary to meet the varied requirements of continuing or succeeding tenants.

(3) The director of community development services may exempt minor additions from the requirements of this article; provided the additions are necessary to house mechanical equipment such as coolers, heating, ventilation, and air conditioning type of equipment. (Ord. No. 97-291, § 3, 4-1-97)

22-32.2 Review processes for improvements and additions to developed sites.

Improvements and/or additions to existing developed sites shall be subject to land use review processes as follows:

(1) Process I. Improvements and/or additions to an existing developed site that are exempt from SEPA shall be processed using process I, provided the improvements and/or additions do not exceed any of the following thresholds:

a. There is no change of use.

b. There is no reduction in the amount of required landscaping, buffering, open space, or public areas.

c. There is no material change or reduction in the amount of required parking.

d. There is no material change in the location of utilities, easements, or pedestrian connections.

e. There is no material change to the approved architectural design.

f. There is no additional adverse impacts to sensitive areas or significant trees.

(2) Process II. Improvements and/or additions to an existing developed site that are exempt from SEPA and exceed the thresholds provided above in FWCC 22-32.2(a) shall be processed using process II.

(3) Improvements not exempt from SEPA. Improvements and/or additions to an existing developed site that are not exempt from SEPA shall be processed consistent with the required review process as identified in the applicable use zone chart. (Ord. No. 00-375, § 9, 10-3-00)

22-33 Development application submittal requirements.

(a) Generally. All projects which require a determination to be made as to whether a complete application has been submitted must at the minimum provide the information contained within this section. The submittal requirements are not intended to determine if an application conforms to city of Federal Way codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted.

(b) Contents. The following comprise the contents of a complete application for the purposes of this section:

(1) Master land use application.

(2) Application fees as set out in the adopted fee ordinance.

(3) Copy of underlying plat or King County assessor’s parcel map.

(4) Statement of architectural design intent, finish materials, and colors sufficient to meet the intent of Article XIX, Community Design Guidelines.

(5) Vicinity map.

(6) Current letters of water and sewer availability (only required for vacant property).

(7) Two copies of current title report for subject property.

(8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic survey, site plan, preliminary drainage and grading plan, preliminary landscape plan, and building elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by-36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed requirements for the contents of each of these plans is available at the department of community development services.

a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet and allow all information to be readable. All plans except building elevation drawings must be at the same scale.

b. Design drawings for building permits, including civil drawings, must be at an engineering scale of one inch represents 20 feet.

c. If the development proposal has a value of $75,000 or greater, the site survey, site plan, preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a certified professional licensed in the state of Washington. The survey shall be prepared by a certified land surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a Washington State licensed landscape architect.

(9) Site photographs from each compass point (north, east, south, and west) must be referenced on the site plan.

(10) Eight copies of the completed, signed, and dated SEPA checklist.

(11) List of addresses of all property owners within 300 feet of the boundary of the proposed project (please refer to the city’s bulletin titled “Procedures for Obtaining Mailing Labels”).

(12) Stamped envelopes addressed to all property owners within 300 feet of the boundary of the proposed project, with return address of the City of Federal Way, Department of Community Development Services, 33530 First Way South, Federal Way, WA 98003 (please refer to specific process, whether process III, IV, or V for the number of sets of envelopes to be provided).

(13) Four copies of each special study that may be required (please contact the department of community development services to determine which studies are required for a specific project). Below are special studies that may be necessary with the site plan application. If special studies are required, please provide four copies.

a. Level one downstream storm drainage analysis as described in the 1990 King County Surface Water Design Manual (KCSWDM) as amended by Federal Way.

b. Detailed narrative on the relevance of the core and special requirements of the 1990 KCSWDM.

c. Traffic impact analysis.

d. Parking study.

e. Soil study.

f. Geotechnical study.

g. Wetland delineation and/or wetland mitigation plan.

h. Stream delineation.

i. Significant tree inventory and retention plan.

(14) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, § 3, 4-1-97)

22-34 Application cancellation.

If an applicant fails to provide additional information to the city within 180 days of being notified by mail that such information is requested, the application shall be deemed null and void and the city shall have no duty to process, review, or issue any decisions with respect to such an application. (Ord. No. 97-291, § 3, 4-1-97)

22-35 Optional consolidated permit process.

Where this chapter requires more than one application for a given project, all applications required for the project may be submitted for review at one time. Where more than one application is submitted for a given development, and those applications are subject to different levels of process, then all of the applications shall be subject to the highest level of process that applies to any of the individual applications, and procedures for issuance of a letter of completeness, notice of application, notice of decision, open review record hearing, and/or appeal hearing, if applicable, shall be applied to the several applications as if they were part of a single application. (Ord. No. 97-291, § 3, 4-1-97)

22-36 – 22-55 Reserved.

Division 2. Planning Commission

22-56 Creation.

The city hereby creates a planning commission consistent with Chapter 35A.63 RCW. (Ord. No. 90-43, § 2(170.15(1)), 2-27-90)

22-57 Membership.

The planning commission shall consist of seven members who are residents or property owners in the city with interest in land use and planning issues and a commitment to the planned development of the community. Planning commission members shall serve without compensation. (Ord. No. 90-43, § 2(170.15(2)), 2-27-90; Ord. No. 96-272, § 3(A), 7-2-96)

22-58 Appointment.

The planning commission shall be appointed by city council. Each member shall serve a term of four years. The city council shall annually appoint new members to fill the expiring terms on the planning commission. Planning commission members may be reappointed as many consecutive times as city council deems appropriate. If, for any reason, a vacancy occurs during the term of a planning commission member, the city council shall appoint a new member to fill the unexpired term of that planning commission member. The city council may remove a planning commission member at any time if the city council determines that the planning commission member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the planning commission shall serve until their successors are duly appointed by city council. The city council may also appoint alternate planning commission members as the need arises, consistent with RCW 35A.63.020. (Ord. No. 90-43, § 2(170.15(3)), 2-27-90; Ord. No. 96-272, § 3(B), 7-2-96)

22-59 Jurisdiction, powers and authority.

The jurisdiction, powers and authority of the planning commission, as these relate to matters covered by this chapter, are established in FWCC 22-516 et seq. In addition, the city council may, from time to time, grant to the planning commission such other jurisdiction, powers, duties and authority as city council deems appropriate and consistent with state and city law. (Ord. No. 90-43, § 2(170.20), 2-27-90)

22-60 Rules of procedure.

The planning commission may from time to time establish and publish rules of procedure for the efficient and fair conduct of its business, consistent with state law and city ordinances. (Ord. No. 90-43, § 2(170.25), 2-27-90)

22-61 Additional committees, boards, commissions, councils, and individuals.

As the need arises, the city council may create and appoint additional committees, boards, commissions, councils, or individuals and grant to the same specific responsibilities and powers, consistent with state law and city ordinances. (Ord. No. 90-43, § 2(170.45), 2-27-90)

22-62 – 22-80 Reserved.

Division 3. Hearing Examiner

22-81 Creation.

The city hereby creates the office of hearing examiner consistent with Chapter 35A.63 RCW. (Ord. No. 90-43, § 2(170.30(1)), 2-27-90)

22-82 Appointment.

The city council shall appoint a hearing examiner who will serve at the pleasure of city council. The hearing examiner may be an employee of the city or a contractor with the city or may have any other relationship with the city that city council deems most advantageous. With the approval of city council, the hearing examiner may hire or retain the services of such subsidiary hearing examiner or support personnel as is deemed appropriate. (Ord. No. 90-43, § 2(170.30(2)), 2-27-90)

22-83 Qualification.

The hearing examiner shall be a person with training and/or experience in land use planning, law or other areas related to the planning and development of the community. (Ord. No. 90-43, § 2(170.30(3)), 2-27-90)

22-84 Jurisdiction, powers and authority.

The jurisdiction, powers and authority of the hearing examiner, as these relate to matters covered by this chapter, are established in FWCC 22-386 through 22-411, 22-431 through 22-451 and 22-476 through 22-498. In addition, the city council may, from time to time, grant to the hearing examiner such other jurisdiction, powers, duties and authority as city council deems appropriate, consistent with state and city law. (Ord. No. 90-43, § 2(170.35), 2-27-90)

22-85 Rules of procedure.

The hearing examiner shall establish rules of procedure for the efficient and fair conduct of matters that come before the hearing examiner. These rules must be consistent with state and city law. A copy of these rules of procedure should be made available for inspection and copying in the department of community development during regular business hours. (Ord. No. 90-43, § 2(170.40), 2-27-90)

22-86 – 22-100 Reserved.

Division 4. Department of Community Development

22-101 General responsibility.

The department of community development is responsible for the general administration of this chapter. The city manager shall appoint a director of that department and other staff members as is appropriate for the administration of this chapter. (Ord. No. 90-43, § 2(170.50), 2-27-90)

22-102 Authority.

In addition to the authority granted to the department of community development, the director of community development and the planning official by this chapter, they shall have whatever additional authority and duties are granted to them by the city manager, consistent with state and city law. (Ord. No. 90-43, § 2(170.55), 2-27-90)

22-103 Forms and operating procedures.

The director of community development may issue application forms, operating procedures, and similar material to facilitate the orderly conduct of the department of community development and responsibilities. The department of community development shall use, follow and enforce these materials as if they were part of this chapter. (Ord. No. 90-43, § 2(170.60), 2-27-90)

22-104 Code enforcement officer.

The director of community development may appoint one or more code enforcement officers. The code enforcement officers are responsible for enforcing this chapter and other related ordinances, as assigned by the director of community development. (Ord. No. 90-43, § 2(170.65), 2-27-90)

22-105 – 22-120 Reserved.

Division 5. Enforcement

22-121 Code enforcement officer – Duty to investigate.

The code enforcement officer appointed pursuant to FWCC 22-104 shall, either upon a complaint or on the officer’s own initiative, investigate potential violations of this chapter. (Ord. No. 90-43, § 2(175.25(1)), 2-27-90)

22-122 Code enforcement officer – Entrance on private property.

If the code enforcement officer enters upon private property to investigate potential violations of this chapter, the code enforcement officer, insofar as possible before entering upon private property, shall present his or her credentials to the owner or person in possession or charge of the property and request entry. If entry is refused, the code enforcement officer may use every lawful means and remedy to obtain entry. (Ord. No. 90-43, § 2 (175.25 (2)), 2-27-90)

22-123 – 22-127 Reserved.

Editor’s note – Ord. No. 99-340, § 5, adopted May 4, 1999, repealed §§ 22-123 – 22-127 in their entirety. Former §§ 22-123 – 22-127 pertained to orders to cease activity; posting and notice; the effect of orders to cease activity; and notices of violation, respectively, and derived from Ord. No. 90-43, §§ 2(175.30(1 – 4)), 2(175.35(1)), adopted Feb. 27 1990, and from Ord. No. 97-291, § 3, adopted 4-1-97.

22-128 Zoning citation.

(a) The code enforcement officer may seek issuance of a zoning citation in either of the following circumstances:

(1) There is a violation of a posted order to cease activity.

(2) If, after the time specified in the notice of violation, the activity, conditions, structure, or use cited in the notice of violation still does not conform to this chapter.

(b) The citation will be issued to the owner of the property, the occupant or person in charge of the property and any other person causing or allowing the activity, condition, structure or use to exist or occur. The issuance of a citation initiates criminal prosecution of the violation. (Ord. No. 90-43, § 2(175.40), 2-27-90)

22-129 Civil enforcement.

The code enforcement officer shall enforce the provisions of this chapter and the terms and conditions of any permit or approval issued pursuant to this chapter as set forth in FWCC 22-11. (Ord. No. 99-342, § 5, 5-4-99)

22-130 – 22-145 Reserved.

Division 6. Bonds

22-146 Maintenance bond.

The director of community development may require an applicant to establish a maintenance bond only if another provision of this chapter or other ordinance specifically authorizes it. (Ord. No. 90-43, § 2(180.10(1)), 2-27-90)

22-147 General performance bond.

The director of community development may allow an applicant to establish a performance bond and obtain a certificate of occupancy or other permit or approval in advance of completing all required work or improvements if the following criteria are met:

(1) The applicant is unable to complete the work or improvements to be covered by the bond because of unavoidable circumstances that in no way resulted from the actions or inaction of the applicant.

(2) It is reasonably certain that the applicant will be able to complete the work or improvements to be covered by the bond within a reasonable amount of time.

(3) Granting the certificate of occupancy or other permit or approval prior to completion of the work or improvements will not be materially detrimental to the city or the properties in the vicinity of the subject property. (Ord. No. 90-43, § 2 (180.10 (2)), 2-27-90)

22-148 Type of bond.

Bonds shall be in the form of cash deposits or binding a surety registered in and authorized to do business in the state or other suitable security as approved by the city attorney. The form and content of all bonds must be approved by the city attorney. (Ord. No. 90-43, § 2(180.15), 2-27-90)

22-149 Amount of bond.

The city shall determine the amount of the bond as follows:

(1) For a maintenance bond, the amount will be 30 percent of the cost of replacing the materials covered by the bond based on estimated costs on the last day covered by the bond.

(2) For a performance bond, the amount will be 120 percent of the cost of the work or improvements covered by the bond based on estimated costs immediately following the expiration of the bond. (Ord. No. 90-43, § 2(180.20(1)), 2-27-90)

22-150 Assistance in determining estimated costs.

The director of community development may consult with one or more persons with special knowledge or expertise in determining the amount of a bond under this division. The applicant shall pay the actual costs of this consultation prior to the director of community development accepting the bond and signing the bond agreement under FWCC 22-152. (Ord. No. 90-43, § 2(180.20(2)), 2-27-90)

22-151 Supplemental administrative costs.

(a) In addition to the bond and any consultation fees under FWCC 22-150, the applicant shall post a cash deposit with the city equal to the following percentages of the amount of the bond:

Amount of Bond	Amount of Cash Deposit
Up to $20,000	5% of the bond
	(Minimum $100.00)
$20,001 to $50,000	4% of the bond
$50,001 to $100,000	3% of the bond
$100,001 and up	2 1/2% of the bond

(b) This cash deposit will be used to cover the city’s actual expenses of administering and, if necessary, obtaining and using the proceeds of the bond. (Ord. No. 90-43, § 2(180.25), 2-27-90)

22-152 Bond agreement.

In each case where the city requires or allows an applicant to post a bond, the applicant, the owner of the subject property and the director of community development shall sign an agreement prepared by the city stating the following:

(1) The work or improvements covered by the bond.

(2) Either the period of time covered by the maintenance bond, which will be two years or such longer period as is required by this chapter or determined by the city, or the date after which the city will use the proceeds of the performance bond to complete the required work or improvements.

(3) The amount and nature of the bond and the amount of the cash deposit.

(4) The rights and duties of the city and the applicant as established in this chapter. (Ord. No. 90-43, § 2(180.30), 2-27-90)

22-153 Irrevocable license signed by the owner of the subject property.

In each case where the city requires or allows an applicant to post a bond, the owner of the subject property shall give the city a signed, notarized, irrevocable license, executed and acknowledged in the form of a deed, to allow the employees, agents and contractors of the city to go on the subject property for the purpose of inspecting and, if necessary, doing the work or making the improvements covered by the bond. The applicant shall file this license with the county to run with the property. This property owner must, in this irrevocable license, agree to indemnify and save harmless the city and its employees, agents and contractors from any liability occasioned by the good faith performance of their responsibilities under this chapter, including, but not limited to, doing the work or making the improvements for which the bond has been posted. (Ord. No. 90-43, § 2(180.35), 2-27-90)

22-154 Release of bond and cash deposit.

After the work or improvements covered by a performance bond have been completed or, at the end of the time covered by a maintenance bond, the applicant may request the city to release the bond and refund the cash deposit. If the applicant has complied with the bond agreement and this chapter, the director of community development shall release the bond and the cash deposit remaining after any subtractions under FWCC 22-157 and 22-158. (Ord. No. 90-43, § 2(180.40), 2-27-90)

22-155 Use of proceeds – Notice to property owner.

If during the period of time covered by a maintenance bond or after the date by which the required work or improvements are to be completed under