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ORD 13-754ORDINANCE NO. 13 -754 AN ORDINANCE of the City of Federal Way, Washington, relating to urban agriculture; amending FWRC 19.05.010, 19.05.030, 19.05.060, 19.05.160, 19.05.210, 19.140.120, and adding new sections to FWRC Chapters 19.195, 19.200, 19.205, 19.210, 19.215, 19.220, 19.225, 19.230, 19.235, 19.240, and adding a new chapter to FWRC Division VII "Supplemental Zoning Regulations ". (Amending Ordinance Nos. 12 -724, 12 -720, 11 -700, 09 -610, 09 -605, 09 -593, 08 -585, 07 -573, 07 -554, 06 -523, 05 -487, 05 -486, 99 -357, and 99 -348) 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 amendments to the FWRC which establish development regulations for urban agriculture within the City of Federal Way; and WHEREAS, there is a great deal of community interest in locating urban agriculture uses including farmers markets, community gardens and pea patches within the City of Federal Way; and WHEREAS, the FWRC does not currently define urban agriculture or provide clear direction on the siting and appropriate development standards for such uses; and Ordinance No. 13 -754 Page I of 35 WHEREAS, on March 20 2012, the City Council adopted Resolution 12 -617 that directed staff to develop comprehensive plan and zoning code amendments for City Council consideration related to urban agriculture; and WHEREAS, staff applied for and was a awarded a grant from Forterra for technical assistance with preparing draft comprehensive plan policies and regulations that address urban agriculture; and WHEREAS, Forterra staff conducted workshops on urban agriculture policies and regulations with the public on September 12, 2012, October 15, 2012 and January 8, 2013; and WHEREAS, on January 15, 2013, the City Council adopted Ordinance 13 -736 that established comprehensive plan policies related to urban agriculture; and WHEREAS, the Planning Commission conducted a public workshop on these proposed code amendments on January 16, 2013; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on August 30, 2013, and no comments or appeals were received and the DNS was finalized on September 27, 2013; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on September 18, 2013, and forwarded a recommendation of approval with modification to the City Council as follows: (1) the definition of Farmers Market shall be modified to read as follows: "Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value -added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and finfish; and other food - related products. Ordinance No. 13 -754 Page 2 of 35 Additionally, some vendors may sell non - food - related products and services; however, the majority of products for sale should shall be food - related products as determined by the overall width of saleable space devoted to sale of food - related Products. Entertainment and other community activities may also be provided; however, these activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products.; and WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council considered these code amendments on October 7, 2013, and November 4, 2013 and recommended adoption of the text amendments as recommended by the Planning Commission, with further modification to the definition of Farmers Market to read as follows..... "Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value -added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and finfish; and other food - related products. Additionally, some vendors may sell non - food - related products and services. ; however-, t he majority of products for sale throughout the course of the calendar year should shall be food- related products. ` plants, flowers, and hand crafted arts and crafts rod c s as determined by the number of vendors selling said products.l width of ,.,.l,.abl spnee devoted to ale of food elated mr- v cccr a„�. Entertainment and other community activities may also be provided and are typically not considered to be market vendors; however, these activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. Ordinance No. 13 -754 Page 3 of 35 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing predictability in terms of the review process and applicable regulations that shall apply to the siting of urban agriculture uses within the city limits. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 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: Ordinance No. 13 -754 Page 4 of 35 (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG9 Provide access to healthy food resources for all residents through opportunities for urban agricultural activities, such as farmers markets, farmstan s, community supported agriculture (CSA) drop -off sites, community gardens, pea patches, school gardens, home gardens, and urban farms. LUP51 Establish development regulations that allow for healthy food resources as a permitted use and provide for on -site sale and delivery of healthy foods, on public and private property, where appropriate. LUG 10 Encourage and support farmers market opportunities that are accessible to all residents. LUP53 Establish development regulations that allow for farmers markets as a permitted use on public and private property, where appropriate. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because the text amendments clarify that the City of Federal Way is supportive of urban agriculture uses that increase citizens access to locally grown, healthy foods, while also increasing educational and economic opportunities associated with developing and maintaining urban agriculture uses. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because greater availability of locally grown, healthy foods and opportunities to get involved in local urban agriculture activities will increase residents' access to healthy lifestyle choices; whether it be access to healthier food and /or access to healthy outdoor activities by participating in local urban farms and gardens. Ordinance No. 13 -754 Page 5 of 35 Section 3. FWRC 19.05.010 is hereby amended to read as follows: 19.05.010 A definitions. "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" includes but is not 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 or structure which is subordinate and incidental in size, scale, design, or purpose to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. See FWRC 19.265.010. "Accessory dwelling unit (ADU) " means either a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or an attached part of a structure which is accessory 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. See FWRC 19.265.020. ADUs include: (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 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. "Active uses " means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "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. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "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 in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama" and `peepshow" shall mean as defined in FWRC 12.10.010. Ordinance No. 13 -754 Page 6 of 35 (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. "Adultfamily home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent 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). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a smaller residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "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 in FWRC 19.05.190). "Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of "urban agriculture." "Air rights " means the right to 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," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium " means soil deposits transported by surface waters. Animal Care Facility. See definition of "animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. " 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 Ordinance No. 13 -754 Page 7 of 35 government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. "Aquifer" means a geological formation that is capable ofyielding a usable amount of fresh water to a well or spring. "Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations" means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Average building elevation (ABE) " means 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, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. Loa f- ! f ftnm n t MUM (ME) BemWon "Average slope" means the average grade of land within each land area representing a distinct topographical change. "Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Section 4. FWRC 19.05.030 is hereby amended to read as follows. 19.05.030 C definitions. "Canopy" means a permanent, rigid, roof -like structure that projects from a building as a shelter, with no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting building. A freestanding canopy is a rigid, roof -like structure providing shelter that is supported by one or more posts embedded in the ground. Cargo Containers. See "outdoor storage containers" and "portable moving containers." "Cell -on- wheels (C -O -W) " means a mobile temporary personal wireless service facility. Ordinance No. 13 -754 Page 8 of 35 "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. "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. "Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods. "Clearview zone " means the areas around intersections, including the entrance of driveways onto streets, which must be kept clear of sight obstruction. See FWRC 19.135.300. "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 any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25.010, which is typically used principally for the transportation of commodities, vehicles, merchandise, produce, freight, or animals; as well as any bulldozers, backhoes, cranes, or 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. "Common space " means an area within a development, which is used primarily by the occupants of that development, such as an entryway, lobby, courtyard, outside dining area, etc. "Community ,eardens" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of a group and may include common areas maintained or used by group members. Food grown is typically for community garden members or as a donation. See also the definitions for "agricultural use," "urban agriculture," and "farm stand." "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. "Community service event" or "civic event" means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund - raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic Ordinance No. 13 -754 Page 9 of 35 fraternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. "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. "Copy" for signs means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. "Cottage food operation" means a business licensed by the State of Washington to make low -risk food products in a home kitchen and sell directly to consumers. "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 Chapter 19.250 FWRC. "Critical aquifer recharge areas " means areas in which water reaches the zone of saturation by surface infiltration and includes areas hydrogeologically susceptible to contamination and contamination loading potential including, but not limited to, 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. "Critical root zone " means an area equal to 12 inches radius for every one inch of tree diameter measured at four and one -half feet above ground. "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. "Cut" means a portion of land surface or area from which earth has been removed or will be removed by excavation. Also known as excavation. Section 5. FWRC 19.05.060 is hereby amended to read as follows. 19.05.060 F definitions. "Facade " means the entire building front including the parapet. "Family" means an individual; a group of not more than five individuals; or two or more individuals related by not more than four degrees of affinity or consanguinity, including persons under legal guardianship. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent 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). This definition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. "Family day care" means a business regularly providing care during part of the 24 -hour day to 12 or fewer persons, including children and /or adults, and the children, if applicable, of the day care provider, in the family abode of the person or persons under whose direct care those receiving care are placed. Ordinance No. 13 -754 Page 10 of 35 Family day care includes family day care homes for children as defined by RCW 35.63.170 and in -home day care for adults. See FWRC 19.105.070. "Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value -added agricultural products such as jams, Tellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and finfish; and other food - related products. Additionally, some vendors may sell non- food- related products and services. The maiority of products for sale throughout the course of the calendar year shall be food - related products, plants, flowers, and hand crafted arts and crafts products as determined by the number of vendors selling said products. Entertainment and other community activities may also be provided and are typically not considered to be market vendors; however, these other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. "Farm stand" means a structure accessory to a community garden, urban farm, or cottage food operation for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally produced packaged food products, and similar products grown or produced on the general property on which the stand is located. See the definitions for "community gardens," cottage food operation," and "urban farm." "Fastfood 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. "Festoons " means a string of ribbons, tinsel, small flags, or pinwheels. "Fill" means depositions of earth materials by artificial means. "Fill material" means dirt, rock, gravel, broken concrete, and similar substances used to change the level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on the surface of the ground for gardening, landscaping, or ornamental purposes. "Finished grade" means the final contour of the land surface prior to landscaping. "Flag" means any piece, of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration. "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. "Floor area" means the total area of a building floor plate in gross square feet. "Frontage of a property" means the length of the property line along any public right -of -way on which it borders. "Frontage of a building" means the length of an outside building wall on a public right -of- way. Section 6. FWRC 19.05.160 is hereby amended to read as follows. Ordinance No. 13 -754 Page 11 of 35 19.05.160 P definitions. "Panhandle lot" means flag lot. "Parking area" means any area designed 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. "Parking structure" means a building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles. "Pea patch Qarden" see the definition for "community gardens." "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. "Plaza" means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right -of -way. Typical features and furnishings include special paving, landscaping, pedestrian -scale lighting, seating areas, weather protection, water features, art, trash receptacles, and bicycle racks. "Portable moving containers " means new or used prefabricated units that can be rented by residential or business customers for temporary accessory moving and storage activities, including, but not limited to, such products trademarked as "PODS" (Personal on Demand Storage), "SAM" (Store and Move), and "Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary loading period, then retrieved by truck and delivered to another location, which may include a storage facility. See FWRC 19.275.020. "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 pertinent codes and regulations. "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: Ordinance No. 13 -754 Page 12 of 35 i wA�, �e 2 s7 i.. ... y Lot .. W 1W C"Vo fey s 1 #fir Lot 71 + Lot } rr 4 ;R ............... i ' Or s tM 2£.. . i s« .....I --1 �► Not an rinc arterial_ or pipal Z611ietar Lot 3 , Flag Lot Setbacks ME" ot f 2 L' Driveway kv t.ot 2 Arterial or and Access t~aser 001 A "rin 'sp8lcollect�ir' for Lot 1 "away Lot 2 andAcce" Easement , , tor �2 t Lot 9 yw -www F'= Front Yard Not an arterial S'= Side Yard o- principal co (WC fc r R = Rear Yard (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 space " means a passive or active recreational area designed specifically for use by the general public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas and available to the public at least 12 hours each weekday. Public on -site open space may be privately owned, but must be permanently set aside and maintained for the use and benefit of the public. Ordinance No. 13 -754 Page 13 of 35 "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. . (Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22- 1.16.) Section 7. FWRC 19.05.210 is hereby amended to read as follows. 19.05.210 U definitions. "Urban agriculture" is an umbrella term encompassing a wide range of activities involving the raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include: community gardens, urban farms, cottage food operations, farm stands, and farmers markets. See also the definitions for "agricultural use," "community gardens," "cottage food operation," "farm stand," and "farmers market." "Urban farm" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale. "Use" means the activities taking place on property or within structures thereon. Each separate listing under the "Use" column in FWRC 19.195.010 through 19.245.010 is a separate use. Ordinance No. 13 -754 Page 14 of 35 3 O C� 0 0 N 0 N_ O d- a; w 00 r. O U 0 cn i. a b�A H � 0 a i. w V ii O d h'1 oa 4 a N U O r LN ° a� w c ° c o io 3 c RT o ' U b aUi Y >Y a�'i �c0 E �>o0o E c p E O ❑ y p 0 0 . O � N ° b ° w v a v 3 CO a>i ca 3 ° Y O N O N O U 0 C y U cd YU. y y i.y •O .Y„ Y G. Y it ri ,�"� N H y Y h w cd CA O Z N l� O rG O .o . 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No Io r z EL` 7 VJ •� y d � - - ., y L L d L L L L L c.00Ulu h fn Mme^ W 0. M z U Section 19. Title 19, Division VII, Supplemental Zoning Regulations, of the Federal Way Revised Code is hereby amended to add a new chapter 19.262 to read as follows: Chapter 19.262, "Urban Agriculture"' -Sections: 19.262.010 Purpose. 19.262.020 Applicability. 19.262.030 Community gardens and urban farms. 19.262.040 Farmers markets. 19.262.050 Farm stands. 19.262.060 Cottage food operations. 19.262.070 Accessory structures. 19.262.080 On -site sale of urban agriculture products. 19.262.010 Purpose. The purpose of this chapter is to: (1) support urban agriculture uses, including communi gardens, urban farms, farmers markets, farm stands, and cottage food operations; (2) provide opportunities for Federal Way residents to access locally produced healthy foods; (3) increase local food security; (4) reduce greenhouse gas production related to transport of fresh produce from distant locations; (5) provide additional economic opportunities for Federal Way citizens; and (6) ensure that urban agriculture uses are compatible with surrounding land uses. 19.262.020 Applicability. This chapter establishes special regulations that govern urban agriculture. Urban agriculture uses include community gardens, urban farms, farmers markets, farm stands, and cottage food operations as defined in FWRC 19.05. Urban agriculture does not include landscaping or gardening that is incidental to any permitted use. In recognition of site - specific opportunities and constraints, the director shall have the authority to allow for departure from the specific or numeric provisions contained in these regulations, provided the end result is consistent with the purpose statement of this chapter. 19.262.030 Community gardens and urban farms. (1) Community garden and urban farm uses are permitted in any zone. a. Applicants for community garden and urban farm uses shall submit a community garden /urban farm management plan for director approval that addresses the potential impacts on surrounding uses and natural systems and includes the following: i. Off - street parking, if applicable; ii. Garden /farm management rules that will govern garden /farm users and /or employees; iii. Location, size, and type of any proposed accessory structures; iv. Processing and /or sale of food produced on site; v. Storage and application of agricultural chemicals, including fertilizers and pesticides, and a hazardous material checklist if site is located within a designated wellhead protection zone; Ordinance No. 13 -754 Page 31 of 35 A. Location and plans for composting facilities; vii. Mechanical equipment to be used on site; viii. Stormwater management; and ix. Soil testing if site is located within area designated as potentially contaminated at greater than 20 parts per million (ppm) by the Tacoma smelter plume. b. Written notice shall be provided by mail for community garden and urban agriculture uses that are larger than 10,000 square feet in size and located within a residential zoning district, to persons receiving property tax statements for all properties within 300 ft. of each boundary of the subiect property. The notice shall contain the following information: i. The name of applicant and, if applicable, the project name. ii. The street address of the subiect property, or if this not available, a description of the location of the property in nonlegal language, along with a vicinity map that identifies the subiect property. iii. A statement of the right of any person to submit written comments to the director regarding the application within 14 days of the date of the notice. iv. A statement that only the applicant, persons who submit written comments to the director, or persons who specifically request a copy of the original decision may appeal the director's decision. c. The director shall approve the proposed community garden/urban farm use upon finding that the proposal adequately addresses the following criteria: i. The proposed use does not negatively impact sensitive areas on or adjacent to the subiect site; H. The proposed use will not result in excessive noise or emissions that are not typically associated with operation of household mechanical equipment, iii. Applicable provisions of FWRC Chapter 19.120 "Clearing, Grading, and Tree and Vegetation Retention" are addressed; iv. On -site parking needs, if any, are addressed; and v. On -site contaminated soils, if any, are addressed. d. The director may condition or modify the community garden /urban agriculture proposal as necessary to ensure the above criteria are met. 19.262.040 Farmers markets. Ordinance No. 13 -754 Page 32 of 35 (1) Farmers markets are permitted as a temporary use in all zones subiect to the requirements of FWRC Chapter 19.275, "Temporary Uses." (2) Farmers markets are permitted as a permanent use in all non - residential zones that allow retail use. 19.262.050 Farm stands. (1) Farm stand uses are permitted in any zone as an accessory use to any permitted urban agriculture use for the purpose of on -site sale of urban agricultural products subject to the following criteria: height. a. Farm stands are limited to 200 square feet in area and shall be no more than 15 ft. in b. No more than one farm stand shall be permitted on a subject site. c. Farm stands shall be designed to be temporary and portable structures and shall not be permanently affixed to the ground. d. See FWRC 19.262.080 for requirements related to on -site sale of urban agriculture products. 19.262.060 Cottage food operations. (1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted use subiect to the following criteria: a. Cottage food operations shall adhere to the requirements of RCW 69.7.100 and RCW 69.07.120. b. Cottage food operations shall adhere to the requirements of FWRC 19.270 "Home Occupations." 19.262.070 Accessory structures. Accessory structures supportive of the urban agriculture use are allowed on the subject Property subiect to the following regulations: (1) Structures that are considered accessory to urban agriculture uses include greenhouses and sheds, and similar structures as determined by the director. Structures like hoophouses and coldframes that are less than six ft. tall and are portable, not affixed to a foundation, and have no floor, are typically not considered structures under this section. (See FWRC 19.262.050 for requirements specific to "farm stands. ") (2) Accessory structures in residential zoning districts must adhere to the following requirements: a. The cumulative site area occupied by accessory structures supportive of urban agriculture shall not occupy more than ten percent of the lot area, or 1,000 square feet, whichever is less. b. Accessory structures supportive of urban agriculture shall be equal to or less than 15 ft. in height. 19.262.080 On -site sale of urban agriculture products. Ordinance No. 13 -754 Page 33 of 35 (1) On -site sale of urban agriculture products at community Garden or urban farm sites is limited to plants and food grown on site, or food products made from food grown on site, such as jams and pickles. (2) On -site sale of urban agriculture products in residential zoning districts taking place via farm stands must adhere to the following requirements: a. On site sales are limited to the calendar period between May land October 31. b. On -site sales are limited to the hours of 8 am to 7 pm. c. Commercial pickups and deliveries are limited to one a day. (3) A business registration may be required per the requirements of Title 12, FWRC. In general, business registration for on -site sale of urban agriculture products shall apply as follows: a. An applicant for an on -site sales use that meets the parameters of FWRC 19.275 may apply for a temporary business registration. b. An applicant for an on -site sales use associated with a principal residential use may apply for a home occupation business registration. Section 20. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 21. 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 22. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 23. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 3`d day of December, 2013. Ordinance No. 13 -754 Page 34 of 35 CITY OF FEDERAL WAY : - .Amp ATTEST: I-Ng CITY CLERK, CAROL MCNEILLY, C C APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 11 -12 -2013 12 -3 -2013 12 -6 -2013 12 -11 -2013 13 -754 Ordinance No. 13 -754 Page 35 of 35