ORD 12-716ORDINANCE NO. 12-716
AN ORDINANCE of the City of Federal Way, Washington, relating
to temporary uses; amending FWRC 19.275. (Amending Ordinance
Nos. 09-594, 09-593, 08-585, 07-559, 97-291, 94-209, 91-112, and 90-43)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised
Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify
administrative practices, clarify and update zoning regulations as deemed necessary, and improve the
efficiency of the regulations and the development review process; and
WHEREAS, this ordinance, containing amendments to development regulations and the text of Title
19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35
FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt new language which would
ensure that temporary businesses and temporary use provisions are consistent with each other, and which
would simplify the application process for temporary uses in the City of Federal Way; and
WHEREAS, temporary uses can be considered a vital and vibrant activity within the City where
mitigated by development standards; and
WHEREAS, it has been noted that the existing temporary use and temporary business registration
procedures are duplicative, confusing, and place unnecessary limitations on temporary uses within certain
zones, which does not encourage economic developmen� and
WI�REAS, the City has determined that certain temporary businesses are also temporary uses; and
WHEREAS, by incorporating these code parameters applicants will be required to obtain only one
city approval (in most cases a temporary business registration); time limits and exemptions will be
standardized between temporary uses and temporary business registrations, based on the zoning district;
and temporary uses would be allowed based upon meeting defined performance standards and not be
automatically precluded from certain zones based on the code as currently prescribed; and
Ordinance No. 12-716 Page 1 of IO
WHEREAS, providing flexibility in the location and quantity of temporary portable storage
containers within residential zoning districts supports those residents who are involved in temporary
moving activities; and
WHEREAS, on October 1, 2011, the City properly issued a Determination of Nonsignificance (DNS),
noting that certain temporary uses are consistent with temporary businesses; and
WHEREAS, the Planning Commission is not responsible for recommendations to FWRC 12,
"Business Registration," they were however, provided copies of proposed changes to FWRC 12.05 and
12.25 when they reviewed proposed changes to FWRC 19.275; and
WHEREAS, the Planning Commission conducted a study session on temporary uses on August 31,
2011; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on the
temporary uses code amendment on October 19, 2011, which was continued on December 7, 201 l, and
forwarded a recommendation of approval to the City Council; and
WHEREAS, a code amendment request made by a local car dealer to eliminate temporary car sales in
the City was evaluated by the Planning Commission and ultimately not supported; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the
temporary uses code amendment of FWRC 19.275 on January 9, 2012, and recommended adoption of the
text amendment as recommended by the Planning Commission; and
WHEREAS, at their January 9, 2012 meeting, the Land Use/Transportation Committee of the Federal
Way City Council also considered text changes to FWRC 12.05 "Business Registration" and FWRC
12.25 "Temporary Businesses" that compliment proposed changes to FWRC 19.275 "Temporary Uses,"
and recommended adoption of the text amendments; and
WHEREAS, adopted changes to Chapter 19.275 shall take effect and be in force thirty (30) days from
publication in order to be consistent with the timelines of adopted changes to title 12, FWRC;
NOW, THEREFORE, 'THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHIl�IGTON,
DO ORDAIN AS FOLLOWS:
Ordinance No. 12-716 Page 2 of IO
Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with
respect to the proposed amendment.
(a) This code amendment for temporary uses is in the best interest of the residents of the City and
will benefit the City as a whole by defining standard parameters, requirements, timelines, and exemptions
for temporary uses and temporary businesses within residential and non-residential zoning districts; thus
ensuring that temporary uses and temporary businesses can succeed without generating adverse impacts.
(b) This temporary use code amendment complies with Chapter 36.70A RCW, Growth
Management Act.
(c) This code amendment is consistent with the intent and purpose of Title 19 FWRC and will
implement and is consistent with the applicable provisions of the Federad Way Comprehensive Plan.
(d) This temporary use code amendment bears a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) This code amendment has followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.275 FWRC, and based
upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the
following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the
proposed amendments:
(a) The proposed FWRC temporary use amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG4 Maacimize e�iciency of the development review process.
EDP15 The City will continue to implement a streamlined permitting process consistent
with state and federal regulations to reduce the upfront costs of locating businesses
in the City.
EDP18 The City will periodically monitor local and regional trends to be able to adjust
plans, policies, and programs.
EDGS The City will encourage and support the development of recreational and cultural
facilities and/or events that will bring additional visitors to Federal Way, and/or
increase visitor spending.
Ordinance No. 12-716 Page 3 of 10
EDG6 The City will encourage and support existing businesses to remain and/or expand
their facilities within Federal Way.
(b) The proposed FWRC amendments bear a substantial relationship to the public health, safety,
and welfare because the temporary business registration provides the same level of review of a temporary
use proposal with less cost and a shorter review time for the applicant; thus, allowin� a streamlined
review process for most temporary use proposals when a temporary business registration is obtained, and
any potential impacts that are identified for the temporary uses will be addressed through existing codes,
or mitigated through conditions imposed by the city.
(c) The proposed amendment is in the best interest of the public and the residents of the City of
Federal Way because it would provide consistency for those temporary uses or temporary businesses that
operate in the city. Impacts for all temporary activities would be consistently mitigated, and the processes
clarified. It is in the best interest of the residents of the city to identify and eliminate regulatory
redundancies in the municipal code to promote economic development
Section 3. Chapter 19.275 of the Federal Way Revised Code is hereby amended to read as follows:
Chapter 19.275, Temporary Uses'
Sections:
19.275.010 ' �t Purpose and applicabilitv.
19.275.020 Categories �e��.
19.275.030 Zonin c�om, liv ance.
19.275.939 040 �ves of temporary uses, t�rocess, apnlication
requirements, and exceptions.
19.275.848 O50 Duration
19.275.858 060 Performance standards
19.275.070 Food trucks/carts.
� n ��c-0on �,�
rr.-z-r� . o 0
�7 7 c .c-,-�-^°a�v
19.275.�9 080 Regulation of temporary trailers, buildings, or other structures for construction,�
e�iees temporarv business or sales, and outdoor storage containers for
construction-related materials.
19.275.-�9 090 Regulation of portable moving containers for temporary accessory moving activities.
Ordinance No. 12-716 Page 4 of IO
19.275.010 Purpose and a�plicabilitv.
,
„1,:..L. +L.e.. ., o.l 1.,.+..,1,:,.t. :Fl;..�:+e,�l :.. +;...o �.,.�1 ��..;�.+1�. ,. «+..,,lle.7 L... .. :.,*o
e e > >
e
The purpose of this section is to establish a mechanism to permit certain temporary uses and
structures to be conducted on a short term basis. and provide�erformance standards for re ug latin�
uses and structures to ensure their compatibility with existing uses and to prevent conflicts between
pedestrian or vehicular movement, access to utilities, or emer�cv response.
It is reco�ized that certain temporarv uses, while creating short term noise. parking, and traffic
issues, are beneficial to the residents of the city and should be allowed. It is also recognized that certain
temporarv uses are also temporary businesses as defined in FWRC 12.25.
(Ord. No. 94-209 § 3, 3-15-94; Ord. No. 91-112, § 1(127.05), 12-3-91. Code 2001 § 22-546.)
19.275.020 Categories e€�er�er-a��ses.
"Temporarv uses " means all uses of a short term nature or fixed duration, which do not require
nermanent construction and which are approved with a s_pecific time limit.
The following categories of temporary uses are established:
� Class I temporary uses are temporary uses , such as
seasonal retail sales of agricultural or horticultural products such as vegetable, fruit or flower stands;
farmers markets: community festivals, circuses, carnivals, fairs, concerts or similaz transient amusement,
cultural, or recreational activities; fundraising events; e� outdoor sales, s�exseFe�
, , . swa,� meets: temporary stands for the sale of items
such as food, t�s, jewelry, �oods, art and crafts, and firewood; food trucks/ca.rts: and similar uses of a
temporary or transitorv nature or fixed duration as determined b�the director.
� Class II temporary uses are temporary uses that involve critical and essential human services of a
nonprofit social services nature, including food banks andlor clothing banks, but not including homeless
shelters, when the director determines that the conditions prompting such proposal are of a critical and
temporary nature.
(Ord. No. 09-593, § 29, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 94-209, § 3, 3-15-94. Code 2001 § 22-547.)
19.275.030 Zonin compliance.
�1) Class I temporarv uses shall only be allowed in zoning districts where the use is authorized as a
�ermanent use pursuant to the zoning charts of FWRC 19.195 through 19.240, except as noted below.
�a) Churches, schools, and nublic a�encies mav conduct temporary uses in residential zones
subject to the time limits specified in FWRC 19.275.050.
(bLnecial event temporarv uses such as farmers markets, fairs, festivals, and similar communit�
oriented uses mav be allowed in any non-residential zone at the discretion of the director.
(2� Class II temporary uses are allowed in any non-residential zone.
19.275.938 040 Types of temporar�ses, pProcess apulication requirements,
and exceptions.
,
. . , ,
> >
(1) Class I Temporary Use:
Ordinance No. 12-716 Page S of I D
�Lap�lication for a Class I temporary use sha11 be processed as a use process I application
and can be approved if found consistent with the �erformance standards of FWRC 19.275.060. The
director shall issue a written determination a�provin�, conditionally approvin , og r denvin� the temporary
use: provided that the director mav require an a�plication to be decided under process III as provided in
FWRC 19.275.040(2), when it is determined that the degree and scope of potential impacts of the
temporary use �roposal warrant such review.
(b) All a�vlications for a Class I temporarv use p�mit shall be submitted at least 30-da�prior to
the requested date of commencement of the tempora►Y use and shall include:
�i) A completed master land use annlication for a temporary use on the form provided by the
Communitv and Economic Development Department, along with all rec�uired si�natures and temporarY
use information listed in that form, including signed consent from the property owner;
�ii) Required fees: and
(iii) Such information as is necessary for the director to evaluate the temporary use pursuant
to FWRC 19.275.060.
(c) Exceptions.
(i�y Class I temporary use that is required to obtain a temporary business registration
pursuant to FWRC 12.25 shall not be required to obtain a Class I tempora �r�use permit pursuant to this
cha,pter, but shall be required to com�lv with the substantive provisions of this chapter including the
zoning compliance of FWRC 19.275.030.
�ii) The followin�temporary businesses ar activities, if eg nerallv consistent with their
surroundin�s, shall not be required to obtain a temporarv use permit:
�) Residential ara�e or yard sales of typical size and duration;
f b) Merchandise and food sales bv scouts, guides and similar nonprofit or�anizations;
(cl Typical residential-based lemonade and similar stands:
(d) Charitable car washes; and
(el Temporarv uses/activities of a similar nature as determined by the director.
�iii) Parking lot sales that are ancillarv or directly related to a permitted use, that operate less
than twelve (12) consecutive or nonconsecutive davs within a 180-da�period, and which do not create
parking or traffic impacts shall not be required to obtain a Class I temporarv use permit.
�2)
. . . Class II Temporary Use:
(a) All a�plications for a Class II temporarv use shall be reviewed and decided upon using FWRC
19.275. 040 and urocess III.
(b�a�nlications for a Class II temporarv use permit shall include:
� A completal master land use a�plication on the form provided by the Community and
Economic Development D�artment, along with all rec�uired signatures and information listed on that form;
Sii) Required fees; and
(iii) Such information necessary for the director to evaluate the use pursuant to FWRC
19.275.060.
(Ord. No. 09-594, § 150, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.10), 2-27-90. Code 2001
§ 22-548.)
Cross reference: Permits and certificates of occupancy, Chapter 19.20 FWRC.
19.275.84A O50 Duration
, ;
� , �
Ordinance No. 12-716 Page 6 of 10
�
. ,
,
,
� •
�
�1) Residential Zoning Districts. A temporary use may occu�,v a site for no more than seven (7L�
per occurrence, twice within anv 365-da�neriod unless otherwise regulated. The director may authorize up
to one seven (,7, day extension per occurrence if such extension will be consistent with the requirements of
this chapter. Anv extension request shall be subject to applicable hourlv review fees.
�2) Non-Residential Zoning Districts. A temporarv use ma,��,v a site for no more than fo -five
(45) days, whether consecutive or non consecutive within a calendar vear. The director mav authorize up
to one fifteen (15� day extension if such extension will be consistent with the requirements of this chapter.
Anv extension request shall be subject to a�plicable hourl�review fees. No more than one e�ctension mav
be �ranted within any 365-da�period.
(Ord. No. 09-594, § 151, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.15), 2-27-90. Code 2001
§ 22-549.)
19.275.9�9 060 Performance standards
;
�
;
Apvroved temporar,y uses shall com�lv with the following.performance standards:
� 1) A temporarv use shall not be conducted or locate on anv site or propertv without the express
consent of the owner(s) thereof.
(2) In conductin� the temporary use, the applicant shall comply with all countv, state, and federal
laws, and all cit,�ordinances and resolutions which are a�plicable to the use or the conduct thereof, and
shall obtain, urior to the conduct of the business or occupancy of anv site, all required cit�permits.
licenses, or other ap�rovals.
�3) Tempora uses proposed within residential zoning districts shall not be permitted if they cause
significant adverse impacts to residential uses, takin� into consideration the characteristics of the
residential nei�hborhood and the scale and duration of the temporar,y use•
�4) The temporary use and associated structures shall be compatible, on a short term basis, with uses
in the general vicinitv and on adjacent properties.
�5) Each site occunied by a temporarv use shall be kept free of debris and litter, and upon completion
or removal of the temporarv use, all debris, litter or other evidence of the temporarv use and associated
activitv shall be removed.
(6) Each site occupied by a temporarv use must�rovide or have available sufficient off-street parkin�.
vehicular maneuvering; area, and access for customers, and must �rovide safe and efficient interior
circulation and in�ress and egress from a public or private rig;ht-of-way. A temporarv use that is
conducted within an established parkin� area shall not reduce available parkin t� o the point that
insufficient parkin� exists for the combination of uses on the site.
(7) All signs used in connection with an�tem,porary use or activity shall complv with the applicable
sign regulations of the citv.
Ordinance No. 12-716 Page 7 of IO
(8) Temporary uses shall not unreasonably impact the public health or safety, or create traffic hazards.
The city may impose additional securitv measures and/or traffic control requirements.
(9) The noise associated with a temporarv use shall not create a public nuisance or exceed the
maacimum decibel provisions of Chapter 7 FWRC.
(10) The director ma�impose additional measures to miti�ate any impacts resultin� the
temporarv use. The director mav exercise discretion in the a�plicability of the above performance
standards to achieve the purposes of this chapter.
(Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.20), 2-27-90. Code 2001 § 22-550.)
� �.� . ._
Y. -
� � i � • � . � � � � 1 1 �
�� � � i � � � � ��-S-a � '
� 1 1
Y'
_1 -�
, U � 1 � . • _ . I�
� �. �� 1. • �1 1 �1 ��
19.275.070 Food trucks/carts.
� 1) Food trucks/carts shall be regulated as follows:
(a) Food trucks/carts that operate less than four (4) hours at a location within anv 24-hour period
are not considered temporary uses, but shall obtain either a business registration or a temporary business
registration depending on the duration of their business activity within the citv. An e�mple of this tvue
of food truck/cart is an ice cream truck.
�b.,) Food trucks/carts that operate more than four (4) hours at any one location within a 24-hour
period shall be considered either:
(i) A temporarv use if occu�,�ng the site less than or equal to the duration allowed in FWRC
19.275.050, or
�ii) A permanent use if occupying the site longer than the duration allowed in FWRC
19.275.050. Permanent food trucks/carts shall be subject to the process and substantive provisions of Title
19 FWRC, consistent with a brick and mortar business.
� ��� •-
Y.
I•
1 � i 1
•. . �� 1� �� • �� i �� �1
1 � � 1 !
�
� � � . „ �
� I�
•.. �. �• �� • •� .� �� ��
Ordinance No. 12-716 Page 8 of 10
�
�» ��.«:�««...,� �e t,.+� .<,i.;,.i, e :�. c ....,..,.. e.i..... �n a.,.,� ; , ��s ,�.,�r�
� �
� •
rn..a �T,, n� cc� ��i�.,w n� �� n�. n,.a �T„ an �no �� � i c on. n,.a �r,. �n n� � �ii �� ,�c� �_��_nn c��
. . � • > > • • > > > • • � . , .
�nni c �� ccc �
---- a -- ---•� �
Cross reference: Fireworks, Chapter 12.55 FWRC.
19.275.�A 080 Regulation of temporary trailers, buildings, or other structures for construction, �eal-es�e
ef€ses tem por arv business or sales. and outdoor stora�e containers for construction-related materials.
Temporary trailers, buildings, or other structures used for construction offices, �ea�-es�a�e-sa�es
e€fiees temporarv business or sales, or outdoor storage containers used temporarily to store construction
materials, and normally associated with construction of a building or development, are permitted on the
subject properly during building or development on or of the subject property in any zone, subject to
process I approval, or integration into the land use process applicable to the underlying project. The
followin�performance standards applv:
� Temporary trailers, buildings, or other structures and outdoor storage containers permitted under
this section may not be located in required yards, except as noted in FWRC 19.125.160(10), unless
permitted in writing by the director .
�2,� Temporary outdoor storage conta.iners for construction-related materials storage shall be placed to
minimize visibility from sunounding streets, pedestrian areas, and properties, a�-sl�
(3) Temporary outdoor storage containers should be painted a neutral color and/or screened from
view if necessary to minimize visual impacts to surrounding properties, as determined by the director e€
�4,� Any temporary trailer, building, outdoor storage container, or other structure permitted under this
section must be removed from the subject property within six months after completion of construction of
the improvements on the subject property, unless permitted in writing by the director af-se�
�5,� The city may require a bond, under Chapter 19.25 FWRC, to cover the cost of removing the
temporary trailer or building, if necessary.
(Ord. No. 08-585, § 3(E�ch. A), 11-4-08; Ord. No. 90-43, § 2(115.135), 2-27-90. Code 2001 § 22-963.)
Cross references: Motor vehicles, FWRC Title 8; licenses and business regulations, FWRC Title 12; buildings and
building regulations, FWRC Title 13.
19.275.�9 090 Regulation of portable moving containers for temporary accessory moving activities.
Portable moving containers may be used in any zone for the purpose of temporary accessory moving
activities, subject to the following criteria:
(1) Residentially zoned lots are allowed only e�e-two containers at any time;
(2) The size, materials, and design of the container must be consistent with the moving industry
standard for the particular use and setting;
(3) Containers may not be placed in required side yards, rear yards, or critical areas setbacks, exce t
under snecial circumstances as allowed by the director, or interfere with safe sight distance or traffic
circulation in adjacent streets and sidewalks; and
(4) Containers may remain on a property no longer than 60 days in any 180-day period, unless
approved by the director .
(Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-964.)
1
Cross reference: Temporary business regulations, Chapter 12.25 FWRC.
Ordinance No. 12-716 Page 9 of I0
Section 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers, and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall be effective thirty (30) days after passage and
publication in order to be consistent with adopted changes to Title 12 FWRC and as provided by law.
PASSED by the City Council of the City of Federal Way this 21 st day of February, 2012.
CITY OF FEDERAL WAY
MAYOR, P PRIEST
AT"TEST:
CI CLE , CAROL CNEIL Y, CMC
APPROVED AS TO FORM:
Y G��� %���'�Cis+o,��
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH TI� CITY CLERK: 1-31-2012
PASSED BY TI� CITY COiJNCIL: 2-21-2012
PUBLISHED: 2-24-2012
EFFECT'IVE DATE: 3-26-2012
ORDINANCE NO.: 12-716
Ordinance No. 12-716 ' Page 10 of IO