LUTC PKT 11-05-2007
'ORIGINAL 1
City of Federal Way
City Council
Land Use/Transportation Committee
November 5, 2007
5:30 p.rn.
City Hall
Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES: October 15,2007'
3. PUBLIC COMMENT (3 minutes)
4. BUSINESS ITEMS
A. Puget Sound Partnership 2007-2009 LID Technical Assistance
Project
B. Resolution directing a draft re-codification of the Federal Way City
Code
C. Ordinance correcting various non-substantiative errors in the Federal
Way City Code
Action
5 minlBucich
Action
15 minlRichardson
Action
15 minlRichardson
5. FUTURE MEETINGS/AGENDA ITEMS
6. ADJOURN
Committee Members
Jack Dovey, Chair
Linda Kachmar
Dean McColgan
City Staff
Cary M. Roe, P.E., Assistant City Manager/Emergency Manager
Darlene LeMaster, Administrative Assistant II
253-835-2701
G:\LUTClLUTC Agendas and Summaries 2007\11-05-07 LUTe Agenda. doc
City of Federal Way
City Council
Land Use/Transportation Committee
October 15, 2007
5:30 pm
City Hall
City Council Chambers
MEETING MINUTES
In attendance: Acting Committee Chair Linda Kochmar, Committee Member Dean McColgan; Councilmember
Jeanne Burbidge, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, Deputy Public
Works Director Ken Miller, Assistant City Attorney Monica Buck, Street Systems Project Engineer John Mulkey,
Acting Deputy Public Works Director Marwan Salloum, Surface Water Manager Paul Bucich and Administrative
Assistant II Darlene LeMaster.
1. CALL TO ORDER
Committee Chair Dovey called the meeting to order at 5:31 p,m. Committee Chair Jack Dovey was excused.
2. APPROVAL OF MINUTES
The September 17, 2007 and the October 1,2007 LUTC meeting minutes were approved.
Moved: McColgan Seconded: Kochmar Passed: Unanimously
3. PUBLIC COMMENT
There was no public comment.
4. BUSINESS ITEMS
A. 2008 Asphalt Overlay Program Preliminary Proiect List and Authorization to Bid
John Mulkey provided background information on the item. Committee Member McColgan asked why it
is important for the City to have an Asphalt Overlay Program. Mr. Mulkey responded that the Asphalt
Overlay Program is the maintenance portion of the City's pavement management system (PMS) to manage
the city streets to the highest rate possible. It has historically been a goal of past City Councils to maintain
City streets at a certain level or score in the PMS. Pavement condition is very important from a safety and
transportation standpoint. Pavement management is the biggest part of the City's street maintenance
budget. Committee Member McColgan expressed that the Asphalt Overlay Program has had many positive
impacts to the City. Our city has some of the best maintained and highest rated streets in our region.
Assistant City Manager Roe confirmed that the first Asphalt Overlay Program was formed in 1995 and
roads were overlaid in 1996. The City began this program as a result of acquiring roads in poor condition
from King County when the city incorporated. It was quickly realized that it would be much more cost
effective to maintain the roads and overlay them at a certain point of wear, rather than letting them get
worn enough to where they needed to be completely replaced. Committee Member Kochmar also noted the
estimated cost of the 2008 project is over the actual budget available. Mr. Mulkey explained that bidding
climate and/or contractor efficiency playa vital role in actual cost of the project. Staff would rather bid
more in a project in hopes of being able to overlay and repair the greatest amount of pavement as allowed
for in the budget.
Moved: McColgan Seconded:Kochmar Passed: Unanimously
Committee PASSED Option 1 to the November 6, 2007, City Council Consent Agenda for approval.
G:\LUTC\LUTC Agendas and Sununaries 2007\10-15-07 LUTC Minutes.doc
Land Use/Transportation Committee
Page 2
July 2, 2007
B. S 348m Street at 1 51 Avenue S Intersection Improvements Project - 85% Design Status Report
John Mulkey provided background information on the item. Council Member McColgan asked when the
City will hear about TIB funding. Mr. Mulkey responded that the City has not yet applied for TIB funding.
The City has to turn in an application for the project. Provided that an application is submitted, it will be
due in August 2008 and jurisdictions will be notified in November 2008. Construction costs for this project
are being estimated in 2009 construction dollars. Staff has estimated that in order to get to 100% design
status and receive grant monies; construction will not take place until 2009. The fmal engineers estimate
for construction costs will be reevaluated as design become finalized, Adjustments may have to be made to
the project if there is a major budget shortfall, however, staff anticipates grant funding for this project and
will come back to Council at the 100% design status to make any necessary project amendments or budget
adjustments. Committee Member McColgan asked if staff has a list of potential projects and then evaluates
which project has the best potential for success. Mr. Mulkey explained that staff takes the criteria that TIB
provides, evaluates each project based on the criteria, and then moves forward with those projects that will
do best in that system. Committee Member Kochmar asked what the level of service currently is at this
location. Mr. Mulkey responded that this location rates an "E" on its level of service. What is failing at
this location is the volume to capacity ratio (westbound S 3481h St), Committee Member McColgan also
asked that if the projected cost of the project is below the available budget at 100% design, would staff seek
federal funding. ACM Roe responded that staff would not look for federal funding but would go to the
2009/2010 budget for funding.
Moved: McColgan Seconded:Kochmar Passed: Unanimously
Committee PASSED Option 1 to the November 6, 2007, City Council Consent Agenda for approval.
C. 2005-2006 Citywide Pavement Marking-Proiect Acceptance and Release of Retain age
Marwan Salloum provided background information on the item.
Moved: McColgan Seconded:Kochmar Passed: Unanimously
Committee PASSED Option 1 to the November 6, 2007, City Council Consent Agenda for approval.
D. Lake Jeane/Lake Lorene Outlet Improvements Proiect - 85% Design Status Report
Paul Bucich provided background information on the item. Committee Member Kochmar asked if flooding
problems initiated this project. Mr. Bucich responded that although not at present, this area has had a
history of flooding issues. The outlets from Lake Jeane are currently in very poor condition and need to be
replaced.
Moved: McColgan Seconded:Kochmar.. Passed: Unanimously
Committee PASSED Option 1 to the November 6, '2007, City Council Consent Agenda for approval.
5. FUTURE MEETING
The next regularly scheduled Land Use and Transportation Committee meeting will be Monday,
November 5, 2007 at 5:30 PM in City Council Chambers. Committee Member McColgan asked ACM Roe
about the topic of streamlining the project design status process, possibly eliminating the 50% design status
report. ACM Roe will look into the process and provide some recommendations back to the Committee.
6. ADJOURN
The meeting adjourned at 5:54PM.
GILUTc\LUTC Agendas and Summaries 2007110-15-07 LUTC Minutes doc
COUNCIL MEETING DATE: November 20, 2007
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Puget Sound Partnership 2007-09 LID Technical Assistance Project
POLICY QUESTION: Should the Council authorize staff to submit for the Puget Sound Partnership 2007-2009
LID Technical Assistance Project?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: November 5, 2007
CATEGORY:
~ Consent
o City Council Business
o Ordinance
o Resolution
o Public Hearing
o Other
_~!~!!_~~Q~!~X:.~~1!!!\.~~1!~~~h.~..I:~:~m~1!!f.~~~_Yi~!~~_M~~~g~!._ .m.m__~~~~:_~~~l~~,!!?~~. .m.m_.______._._.___m.
Attachments: Memorandum to the Land Use and Transportation Committee dated November 5, 2007.
Options Considered:
1. Authorize Surface Water Management staff to submit a proposal to the Puget Sound Partnership in
response to their request for proposals for the 2007-2009 LID (low impact development) Technical
Assistance Project to integrate low impact development into local regulations.
2. Do not authorize staff to apply and provide direction to staff.
......__......._............__._._...._........................................ .............. .............................................. . .................. ....... . m...... .................... ... ...............,................................................. .............................. .
STAFF RECOMMENDATION: Staff recommends forwarding Option 1 above to the November 20,2007 Council
Consent Agenda for approval.
CITY MANAGER ApPROVAL:
Council
DIRECTOR ApPROVAL: ~
Committee
Council
COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the November 20,2007
City Council Consent Agenda.
Jack Dovey, Chair
Linda Kochmar, Member
Dean McColgan, Member
PROPOSED COUNCIL MOTION: "I move to authorize Surface Water Management staff to submit a proposal to
the Puget Sound Partnership for the 2007-2009 LID Technical Assistance Project."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
November 5th, 2007
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager ~
Paul A. Bucich, P.E., Surface Water Manager
Puget Sound Partnership 2007-2009 LID Technical Assistance Project
BACKGROUND:
The Puget Sound Partnership is soliciting proposals from cities, towns, and counties interested in and
committed to integrating low impact development (LID) into their regulations and development
standards.
Attached is a Request for Proposals explaining the LID Technical Assistance Project. The application for
inclusion in the project is due by November 30th, 2007. There are no requirements for matching funds,
however there is an expectation that City staff will actively participate in the process with an outside
consultant and one city person will be identified as the city lead to help coordinate meetings, supply the
consultant with existing city codes, and review and comment on all draft materials. Deliverables will be
draft regulatory language changes, new ordinances if necessary, engineering designs and other
recommendations.
Local governments must demonstrate in their proposals a commitment and proposed timeline to integrate
LID into their regulations. Further, those selected will be required to provide annual reports for the next
two years (2009 and 2010) describing progress in adopting into code recommendations provided and in
using LID techniques in projects.
Puget Sound Partnership 2007-09 LID Technical Assistance Project
RFP to Local Governments for Regulation Assistance
October 26, 2007
Request for Proposals
Technical Assistance Now Available to Integrate
Low Impact Development into Local Regulations
The Puget Sound Partnership (Partnership) is soliciting proposals from cities, towns and counties
interested in and committed to integrating low impact development (LID) into their regulations
and development standards.
The Partnership will contract with a private firm to provide direct technical assistance to 11-13
local governments selected to receive this free technical assistance. A consulting team will
review existing local regulations and development standards, and develop draft revised
regulations, new ordinances, and other recommendations for local government managers and
elected officials to consider for adoption. Assistance is expected to be provided January-
December 2008. Deliverables will be draft regulatory language changes, new ordinances,
engineering designs and other recommendations. Deliverables will be in electronic and hard
copy format.
Local government match is not required; however local governments must demonstrate in their
proposals a commitment and proposed timeline to integrate LID into their regulations. Local
governments selected to receive assistance will be expected to form teams of staff from key
departments (planning, public works, roads, and fire and safety), attend approximately two
meetings with the consulting team, direct the consulting team to current regulations, and review
and comment on draft materials provided by the consulting team. Local governments selected
will be expected to designate one staff lead to communicate with the consulting team and
Partnership staff, invite other staff to meetings, and help coordinate staff comments on draft
materials. Local governments selected will be required to provide annual reports for the next two
years (end of 2009 and 2010) describing their progress in adopting into code recommendations
provided and in using LID techniques in projects.
Partnership staff will be available throughout the process, provide input on all draft materials
provided, and be available to participate, as requested by the local government, during the
deliberation and adoption process.
The 2000 Puget Sound Water Quality Management Plan directs all local governments in the
Puget Sound region to adopt new or revise ordinances to allow for and encourage the use of LID
practices (plan element SW -1.2). This technical assistance project helps local governments meet
this directive. This project also helps implement an immediate action called for in Sound Health,
Sound Future, December 2006 (pp.51-53), the Puget Sound Partnership's first set of
recommendations to Governor Gregoire regarding recovery ofthe Sound by 2020. To guide the
use of LID in the Sound, the Partnership's and WSU Pierce County Extension's Low Impact
Development Technical Guidance Manual for Puget Sound is available at
http://www.psp.wa.gov/ourwork/stormwater/lid/lidmanua1.htm.This project is funded through
an enhancement from the Washington State legislature to the Puget Sound Partnership.
1
Puget Sound Partnership 2007-09 LID Technical Assistance Project
RFP to Local Governments for Regulation Assistance
October 26, 2007
Proposals should be no more than 3 pages in length (not including support letters) and include:
1. Local government contact information, including staff designated as local lead.
2. Description of interest in LID and commitment to revising and adopting regulations to
allow for, encourage or require LID.
3. Description ofthe water resources that would be protected or restored if LID were
integrated into local regulations.
4. Description of regulations and standards that are anticipated to need review and revision.
5. Summary of any existing LID regulations and practices used in the jurisdiction.
6. Statement that demonstrates staff capacity to work with the consulting team, review draft
products, present recommendations to officials for consideration, and implement
recommendations once adopted. This should include an estimated time line for adoption
once recommendations are finalized in January 2009.
7. Statement of readiness to proceed.
8. Letters of support from the director of the public works and planning departments.
Letters of support from elected officials that demonstrate intent to adopt and implement
recommendations provided by this project are encouraged, and strengthen proposals. Letters of
support from development organizations or associations and community groups are encouraged.
Partnership staff will evaluate proposals according to how well they address the information
requested above. Assistance will be provided to the local governments that receive the highest
scores.
Only proposals from cities, towns and counties located within the Puget Sound basin will be
considered.
Local governments that received this assistance from the Puget Sound Action Team in 2005-06
are not eligible to receive assistance in 2008. (The Partnership wishes to provide assistance to
additional local governments.)
Proposals should be received by the Partnership no later than COB November 30, 2007.
Proposals should be sent as a Microsoft Word attachment to Stephanie Lidren at the Partnership
at Stephanie.1idren@psp.wa.gov or mailed to Puget Sound Partnership, P.O. Box 40900,
Olympia, W A. 98504. If you have questions about this request, please contact Stephanie Lidren
at the Partnership at (360) 725-5441.
2
COUNCIL MEETING DATE: NOVEMBER 20TH, 2007
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Resolution directing a draft Re-codification of the Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CLERK IN CONJUNCTION WITH CODE
PUBLISHING TO PRODUCE A DRAFT RECODIFIED VERSION OF THE FEDERAL WAY CITY CODE?
COMMITTEE: Land UselTransportation Committee
MEETING DATE: Nov. 5th, 2007
CATEGORY:
D Consent
D City Council Business
D Ordinance
~ Resolution
DEPUTY CITY ATTORNEY
D
D
Public Hearing
Other
STAFF REpORT By: AARON
DEPT: Law
Staff is proposing to reorganize and recodify the current Federal Way City Code into the Federal Way Revised
Code based on the same title, chapter, section system as the state RCW which is simpler and more flexible.
During the process the Code will be organized for ease of use. Cost will be approximately $7500. Concurrently
with this resolution staff will present an ordinance to correct nonsubstantiative errors in the Code. Both of these
will be presented to planning commission and each Council Committee.
Attachments: Staff report, sample code outline, sample Chapter 2/Title 2, and proposed resolution.
Options Considered: 1. Recommend approval of the proposed resolution and forward to full Council at the
November 20th, 2007 City Council meeting
2. Modify the proposed resolution and forward to full Council at the November 20th,
2007 City Council meeting
3. Do not approve the proposed resolution.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER ApPROVAL:
Council
DIRECTOR ApPROVAL: ~
Committee
Council
COMMITTEE RECOMMENDATION:
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "] move approval of Option _ ",
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITY OF ~~...;;.
Federal Way
STAFF REPORT
DATE:
TO:
OCTOBER 10TH, 2007
CITY COUNCIL MEMBERS
PLANNING COMMISSION MEMBERS
NEAL BEETS, CITY MANAGER;
PAT RICHARSON, CITY ATTORNEY
LAURA HATHAWAY, CITY CLERK
cc:
FROM:
AARON WALLS, DEPUTY CITY ATTORNEY
SUBJECT: STAFF REPORT ON THE REORGANIZATION AND RE-CODIFICATION OF THE FEDERAL WAY
CITY CODE AND THE CORRECTION OF NONSUBSTANTIATIVE ERRORS.
Staff has researched the feasibility and desirability of a re-codification and republication
of the Federal Way City Code (Code or FWCC) and proposes the re-codification of the Code
into a renamed Federal Way Revised Code (FWRC). Similar to the state RCW's, the new
codification will be based on a decimal system of title, chapter, subchapter and section, with
references being to title, chapter, and section. The current system is based on a chapter,
article, division, and section nomenclature with references being only to chapter and section.
The intent of the reorganization of the Code is to make it more user friendly for both the city staff
and the public. The cost of this process will be approximately $7500 and will take an estimated
2 - 4 months.
During the process of reviewing the Federal Way City Code (FWCC) for the purpose of
reorganizing and re-codifying, Staff has also located a number of typographical errors,
scrivener's errors, incorrect references, and unclear language in various sections that should be
corrected prior to the final re-codification. A proposed ordinance sets forth each section
needing correction with the proposed corrections.
The reorganization will consolidate provisions dealing with boards, commissions, and
government personnel and departments into Title 2. The tax and finance chapters will be
consolidated. Streets, parks, and public places will be consolidated. Crimes will be
consolidated into a publiC safety and welfare title. Nuisances will be consolidated into a public
nuisances chapter. Animal regulations will be consolidated into an animal title. Utility regulation
will be consolidated into one title. Alarms and fireworks will be consolidated with the business
title. Building regulations and the fire code will be consolidated. Shoreline management will be
divided from SEPA related regulations. Water quality regulations will be consolidated with
surface water management. The zoning code will be reorganized and renamed the zoning and
development code title.
Some sections will be removed from what is currently the zoning chapter. These include
administrative regulation dealing with city employees, which will be moved to the government
title. Certain nuisance type prohibitions will be moved to the public nuisances title. Water
quality regulations will move to surface water management. Although the planning commission
generally has jurisdiction over matters in the zoning chapter, the commission's jurisdiction is
actually defined by process VI. Although process VI addresses amendments to the text of the
zoning chapter, it also generally covers development regulations throughout the Code, thus the
Planning commission's authority will not be affected by the reorganization. Additionally FWCC
22-59 and FWCC 22-523 provide the planning commission jurisdiction over any council
authorized items.
During this process internal citations will be corrected and made more regular.
Subsections and subparagraph will be re-enumerated to one consistent style, that of the
RCW's, using the following sequence and style: (1 )(a)(i)(A)(I). Numbering will be removed from
definition lists and the words defined shall be indented, italicized, and set off with quotation
marks. Cross references will be updated and expanded.
Staff is recommending proceeding with a Council resolution to direct the preparation of a
draft reorganization of the Code as well as with an ordinance to correct the nonsubstantiative
errors that have been found. Each proposal will be presented to the planning commission and
each council committee. Attached are the proposed ordinance with two appendixes, a
proposed resolution, a comparison outline of the old and new Codes, and a full outline of the
new Title 2 for illustrative purposes.
2
FEDERAL WAY REVISED CODE OUTLINE COMPARISON
New Federal Way Revised Code is on the left with new or changed text underlined (in red).
Old Federal Way City Code is on the right in italics (in blue).
FEDERAL WAY REVISED CODE
Title 1 General Provisions
Chapter 1.05 - Code Construction
Chapter 1.10 - Criminal Enforcement of Code
Chapter 1 .15 - Civil Enforcement of Code
Chapter 1.20 - Claims Against the City
Chapter 1.25 - Appeal Procedure
Chapter 1.30 - Initiative and Referendum Powers
Chapter 1.35 - Annexation
Title 2 Government
Departments. Officials. and Emplovees
Chapter 2.05 - Government in General
Chapter 2.10 - City Council and Mavor
Chapter 2.15 - Municipal Court
Chapter 2.20 - Hearings Examiner
Chapter 2.25 - Police Department
Chapter 2.30 - Community Development Department
Code enforcement officer - Duty to
investigate.
Code enforcement officer - Entrance on
private property,
Chapter 2.35 - Indemnification
Chapter 2.40 - Travel Policy and Procedure
Boards. Committees. and Commissions
Chapter 2.45 - Civil Service Commission
Chapter 2.50 - Arts Commission
Chapter 2.55 - Human Services Commission
Chapter 2.60 - Youth Commission
Chapter 2.65 - Diversity Commission
Chapter 2.70 - Disability Board
Chapter 2.75 - Lodging Tax Advisory Committee
Chapter 2.80 - Independent Salary Commission
Chapter 2.85 - Parks and Recreation Commission
Chapter 2.90 - Planning Commission
Title 3 Revenue and Finance
Taxation
Chapter 3.05 - Taxation Generally
Chapter 3.10 - Utilities
Chapter 3.15 - Excise Tax on Sales
Chapter 3.20 - Leasehold Tax
Chapter 3.25 - Transient Lodging Tax
Chapter 3.30 - Multifamily Dwelling Unit Limited Property
Tax Exemption
Chapter 3.35 - Sales and Use Tax
Chapter 3.40 - Gambling Activities
Finance
FEDERAL WA Y CITY CODE
Chapter 1 General Provisions
Chapter 1 Article I
Chapter 1 Art /I
Chapter 1 Art 11/
Chapter 2 Art V
Chapter 2 Art VI
Chapter 2 Art V/I
Chapter 19 Art /II
Chapter 2 Administration
Chapter 2 Art II, IV, X
Chapter 21 Article IV Division 1; Chapter 2 Art I
Chapter 2 Art /I
Chapter 1 Art X
Chapter 22 Art /I Div 3
Chapter 2 Art IV Div 4
Chapter 22 Art /I Div 4; Chapter 22 Art /I Div 5 partial
FWCC 22-121
FWCC 22-122
Chapter 2 Art IV Div 2
Chapter 2 Art IV Div 3
Chapter 2 Art III
Chapter 2 Art 11/ Div 1
Chapter 2 Art 11/ Div 2
Chapter 2 Art 11/ Div 3
Chapter 2 Art 11/ Div 4
Chapter 2 Art 11/ Div 5
Chapter 2 Art 11/ Div 6
Chapter 2 Art 11/ Div 7
Chapter 2 Art 11/ Div 8
Chapter 11 Art /I
Chapter 22 Art /I Div 2
Chapter 7; Chapter 14
Chapter 14
Chapter 14 Art IV Div 1
Chapter 14 Art V
Chapter 14 Art /I Div 2
Chapter 14 Art /I Div 3
Chapter 14 Art " Div 4
Chapter 14 Art " Div 7
Chapter 14 Art 11/ Div 2; Chapter 14 Art 11/ Div 3
Chapter 14 Art IV Div 2
Chapter 7
Chapter 3.45 - Finance in General
Chapter 3.50 - Funds
Title 4 City Property
Parks and Public Places
Chapter 4,05 - Park Regulations
Chapter 4.10 - Smoking in City Buildings
Chapter 4,15 - Art in Public Places
Streets and Sidewalks
Chapter 4,20 - Vacation of Streets
Chapter 4,25 - Rights-of-Way
Chapter 4,30 - Riqht-of-Wav Permits
Chapter 4.35 - Right-of-Way Vegetation
Chapter 4.40 - Sidewalks
Title 5 (Reserved)
Title 6 Public Safety and Welfare
Chapter 6.05 - Public Safety and Welfare in General
Chapter 6.10 - Druq, Alcohol, and Poisons
Chapter 6.15 - Vehicles
Chapter 6,20 - Children and Minors
Chapter 6,25 - Firearms and Danqerous Weapons
Chapter 6,30 - Property
Chapter 6,35 - Persons
Chapter 6.40 - Dishonesty
Chapter 6.45 - Public Morals
Chapter 6.50 - Public Officers
Chapter 6.55 - Public Peace
Chapter 6,60 - Fire
Chapter 6.65 - Gamblinq
Chapter 6.70 - Public Nuisance
Chapter 6,75 - Miscellaneous Crimes and Offenses
Title 7 Public Nuisances
Chapter 7.05 - Public Nuisances in General
Air quality regulations.
Erosion and sedimentation regulation.
Glare regulation,
Heat regulation.
Odor.
Radiation.
Chapter 7,10 - Noise
Maximum environmental noise levels.
Noise level bonds.
Chapter 7.15 - Graffiti
Chapter 7.20 - Junk and Junk Vehicles
Junk and junkyards prohibited.
Title 8 Traffic and Vehicles
Chapter 8.05 - Traffic and Vehicles in General
Chapter 8.10 - Commute Trip Reduction (CTR)
Chapter 8.15 - Impoundment for No License
Chapter 8.20 - Motorized Foot Scooters
Chapter 7 Art I
Chapter 7 Art II
Chapter 11, 13
Chapter 11; Chapter 13
Chapter 11 Art III
Chapter 13 Art III Div 2
Chapter 2 Art IX
Chapter 13
Chapter 13 Art IV
Chapter 13 Art II
Chapter 13 Art V Div 1, 2
Chapter 13 Art VII
Chapter 13 Art VI
Chapter 6
Chapter 6 Art I
Chapter 6 Art II, IV; Chapter 2 Art VIII
Chapter 15 Art II; Chapter 15 Art X
Chapter 6 Art III
Chapter 6 Art VI; Chapter 2 Art XI
Chapter 6 Art IX
Chapter 6 Art VIII
Chapter 6 Art VII
Chapter 6 Art X
Chapter 6 Art XI
Chapter 6 Art XII
Chapter 6 Art V
Chapter 6 Art XV
Chapter 6 Art XIV
Chapter 6 Art XIII
Chapter 10
FWCC 22-947
FWCC 22-948
FWCC 22-950
FWCC 22-951
FWCC 22-958
FWCC 22-959
Chapter 10 Art II
FWCC 22-956
FWCC 22-957
Chapter 10 Art III
Chapter 15 Art V Div I
FWCC 22-952
Chapter 15
Chapter 15 Art I
Chapter 15 Art VII
Chapter 15 Art VIII
Chapter 15 Art IX
Chapter 8.25 - Bicycles
Chapter 8.30 - Speed Limits
Chapter 8.35 - Cruising
Chapter 8.40 - Street Use Restriction
Chapter 8.45 - Equipment
Chapter 8,50 - Parkinq Generally
Chapter 8,55 - Fire Lanes
Title 9 Animals
Chapter 9,05 - Administration and Enforcemen1
Definitions.
Purpose.
Contract with county.
Criminal penalty.
Civil penalty,
Personal obligations.
Costs of enforcement action.
Waiver of fees and penalties,
Additional enforcement
Euthanasia rate targets,
Canvassing program,
Use of revenue from canvassing program
and sale of juvenile licenses,
Exemptions,
Release from confinement.
Monitoring.
Mandatory spaying and neutering.
Spay/neuter vouchers.
Education,
Breeder certification program,
Chapter 9,10 - Animal Requlations
Cruelty declared unlawful.
Fowl and rabbits,
Livestock.
Exotic animals.
Guard dogs.
Unlawful acts against police department
dogs - Penalty for violation.
Sale or giving away of unaltered dogs and
cats.
Advertisements for unaltered dogs and
cats.
Chapter 9.15 - Animal Nuisances
Chapter 9.20 - Rabies Control
Chapter 9.25 - Dangerous Dogs
Chapter 9.30 - Vicious Animals
Chapter 9.35 - Impoundment
Chapter 9.40 - Animal Licenses
Chapter 9.45 - Animal Related Businesses
Title 10 (Reserved)
Title 11 Utilities
Electrical and Communication
Chapter 11.05 - Electric Installation
Chapter 15 Art VI
Chapter 15 Art /II
Chapter 15 Art V Div 3
Chapter 15 Art V Div 4
Chapter 15 Art V Div 2
Chapter 15 Art IV Div 1, 2
Chapter 15 Art IV Div 3
Chapter 4
Chapter 4 Art I (partial) Art " Div 1, 2, 3
FWCC 4-1
FWCC 4-2
FWCC 4-3
FWCC 4-4
FWCC 4-5
FWCC 4-6
FWCC 4-7
FWCC 4-8
FWCC 4-9
FWCC 4-16
FWCC 4-19
FWCC 4-20
FWCC 4-21
FWCC 4-22
FWCC 4-23
FWCC 4-24
FWCC 4-25
FWCC 4-26
FWCC 4-27
Chapter 4 Art I (partial)
FWCC 4-10
FWCC 4-11
FWCC 4-12
FWCC 4-13
FWCC 4-14
FWCC 4-15
FWCC 4-17
FWCC 4-18
Chapter 4 Art V
Chapter 4 Art VII
Chapter 4 Art IV
Chapter 4 Art VI
Chapter 4 Art V/II
Chapter 4 Art 11/
Chapter 9 Art IV Div 1, 2, 3
Chapter 12, 16
Chapter 16 Art II Div 2
Chapter 11.10 - Cable Communications Systems
Solid Waste
Chapter 11.15 - Solid Waste in General
Chapter 11.20 - Solid Waste Collection Requlations
Chapter 11.25 - Solid Waste Collection Companies
Chapter 11.30 - Solid Waste Rates, Charqes, and Billinq
Procedures
Surface Water Utilitv
Chapter 11,35 - Surface Water Utility in General
Chapter 11.40 - Surface Water Policy
Chapter 11.45 - Surface Water Rates and Charqes
Chapter 11.50 - Surface Water Billinq Procedure
Title 12 Businesses
Chapter 12,05 - Registration
Business registration.
Chapter 12,10 - Adult Entertainment
Chapter 12.15 - Pawnbrokers and Secondhand Dealers
Chapter 12.20 - Private Security Systems
Chapter 12.25 - Temporary Businesses
Chapter 12,30 - Public Dances and Dance Halls
Chapter 12.35 - Massage Businesses
Chapter 12.40 - Bathhouses
Chapter 12.45 - Taxicabs
Chapter 12.50 - Alarms
Chapter 12.55 - Fireworks
Title 13 Buildings
Buildinos and Buildina Reoulations
Chapter 13,05 - Buildinqs in General
Chapter 13,10 - Buildinq Regulations Administration
Chapter 13.15 - Building Construction Standards
Chapter 13.20 - Five-Story Wood Frame Buildings
Chapter 13.25 - Plumbing Code
Chapter 13.30 - Mechanical Code
Chapter 13.35 - Existing Buildings
Chapter 13.40 - Swimming Pools - Hot Tubs - Spas
Chapter 13.45 - Moving Buildings
Chapter 13.50 - Electrical Code
Fire Prevention and Protection
Chapter 13.55 - Fire Prevention in General
Chapter 13.60 - Fire Prevention Administration
Chapter 13,65 - Fire Code
Chapter 13.70 - Fire Alarms and Sprinkler Systems
Chapter 13.75 - Smoke Detectors
Title 14 Environmental Policy
Chapter 14.05 - Environmental Policy in General
Chapter 14.10 - Environmental Policy Administration
Chapter 14.15 - Categorical Exemptions I Threshold
Determinations
Chapter 14.20 - Environmental Impact Statement
Chapter 14.25 - Environmental Policy Statement
Chapter 14.30 - Critical Areas
Chapter 9 Art I XI
Chapter 12
Chapter 12 Art I
Chapter 12 Art /I
Chapter 12 Art 11/
Chapter 12 Art IV
Chapter 16 Art 11/
Chapter 16 Art 11/ Div 1
Chapter 16 Art 11/ Div 2
Chapter 16 Art /II Div 3
Chapter 16 Art III Div 4
Chapter 9
Chapter 9 Art /I
FWCC 14-138
Chapter 9 Art 11/ Div 1, 2, 3, 4
Chapter 9 Art V Div 1, 2, 3, 4
Chapter 9 Art VI Div 1, 2, 3, 4
Chapter 9 Art V/I Div 1, 2
Chapter 9 Art V/II Div 1, 2
Chapter 9 Art IX Div 1, 2, 3, 4
Chapter 9 Art X Div 1, 2, 3, 4
Chapter 17 Art /I Div 1, 2, 3A, 38, 3C, 4, 5, 6
Chapter 3
Chapter 8 Art IV Div 1, 2, 3
Chapter 5, 8
Chapter 5
Chapter 5 Art I
Chapter 5 Art /I
Chapter 5 Art /II
Chapter 5 Art IV
Chapter 5 Art V
Chapter 5 Art VI
Chapter 5 Art V/I
Chapter 5 Art V/II
Chapter 5 Art IX
Chapter 5 Art X
Chapter 8
Chapter 8 Art I, Chapter 8 Art /I Div 1
Chapter 8 Art /I Div 2
Chapter 8 Art /I Div 3
Chapter 8 Art /I Div 4
Chapter 8 Art /II
Chapter 18 Art II
Chapter 18 Art /I Div 1
Chapter 18 Art /I Div 2
Chapter 18 Art /I Div 3
Chapter 18 Art /I Div 4
Chapter 18 Art /I Div 5
Chapter 18 Art /I Div 6
Title 15 Shoreline ManaQement
Chapter 15.05 - Shoreline Management
Title 16 Surface Water Management
Surface Water Manaqement
Chapter 16,05 - Surface Water Manaqement in General
Chapter 16,10 - Administration and Enforcement
Chapter 16,15 - Regulated and Exempt Activities
Chapter 16,20 - Requirements
Chapter 16.25 - Approval Standards
Chapter 16,30 - Adjustments
Chapter 16,35 - Ownership, Operation, and Maintenance
Requirements
Chapter 16.40 - Flood Damage Prevention
Water Qualitv
Chapter 16.45 - General Water Quality and Enforcement
Erosion and sedimentation regulation.
Scope.
Quality of water entering streams and
lakes.
Quality of water entering the public
stormwater system,
Quality of water entering the ground.
Special enforcement provisions.
Discharqes as public nuisances and
violations,
Chapter 16.50 - Discharges into Federal Way Waters and
Storm Drainage Systems
Chapter 16.55 - Best Management Practices
Title 17 (Reserved)
Title 18 Subdivisions
Chapter 18.05 - Subdivisions in General
Chapter 18.10 - Boundary Line Adjustments
Chapter 18.15 - Lot Line Elim inations
Chapter 18.20 - Binding Site Plans
Chapter 18.25 - Zero-lot Line, Small Lot, and Cottage
Development
Chapter 18.30 - Short Subdivision Plats
Chapter 18.35 - Preliminary Plat
Chapter 18.40 - Final Plat
Chapter 18.45 - Alterations of Plats
Chapter 18,50 - Vacation of Subdivisions
Chapter 18.55 - Design Criteria
Chapter 18.60 - Subdivision Improvements
Chapter 18.65 - Public Improvement Assessments
Title 19 ZoninQ and Development Code
Administration
Chapter 19.05 - Zoninq and Development in General
Chapter 19.10 - Enforcement
Zoning citation.
Chapter 18 Art 11/ Div 1, 2
Chapter 18 Art 11/ Div 1, 2
Chapter 21
Chapter 21 Art I, Chapter 21 Art /I Div 1
Chapter 21 Art /I Div 5, Chapter 21 Art 11/ Div 1, 3
Chapter 21 Art /I Div 2
Chapter 21 Art /I Div 3
Chapter 21 Art /I Div 4
Chapter 21 Art /I Div 6
Chapter 21 Art 11/ Div 2
Chapter 21 Art V
Chapter 21 Art IV
Chapter 21 Art IV Div 1, 4; Chapter 22 Art XII/ Div 12 partial
FWCC 22-948
FWCC 22-1196
FWCC 22-1197
FWCC 22-1198
FWCC 22-1199
FWCC 22-1200
FWCC 22-1201
Chapter 21 Art IV Div 2
Chapter 21 Art IV Div 3
Chapter 20
Chapter 20 Art I, Chapter 20 Art /I Div 1
Chapter 20 Art /I Div 2
Chapter 20 Art /I Div 2
Chapter 20 Art /I Div 3
Chapter 20 Art /I Div 5, 6, 7
Chapter 20 Art /I Div 8
Chapter 20 Art /I Div 9
Chapter 20 Art /I Div 10
Chapter 20 Art /I Div 11
Chapter 20 Art /I Div 12
Chapter 20 Art 11/
Chapter 20 Art IV
Chapter 20 Art V
Chapter 22
Chapter 22 Art I, /I
Chapter 22 Art I
Chapter 22 Art /I Div 5 partial
FWCC 22-128
Civil enforcement.
Chapter 19,15 - Permits and Review Processes
Chapter 19.20 - Permits and Certificate of Occupancy
Chapter 19.25 - Bonds
Chapter 19.30 - Nonconformance
Chapter 19.35 - Amendments
Development Process
Chapter 19.40 - Preapplication Process
Chapter 19.45 - Variances
Chapter 19,50 -Interpretations
Chapter 19.55 - Process I - Director's Approval
Chapter 19,60 - Process 11- Site Plan Review
Chapter 19.65 - Process III - Project Approval
Chapter 19.70 - Process IV - Hearing Examiner
Chapter 19.75 - Process V - Quasi-Judicial Rezones
Chapter 19,80 - Process VI - Council Rezones
Chapter 19.85 - Development Agreements
Mitiqation and Fees
Chapter 19.90 - Transportation Concurrency Management
Chapter 19.95 - School Impact Fees
Chapter 19.100 - Mitigation of Development Impacts
Development Requlations
Chapter 19.105 - General Development Requlations
Building site.
Essential public facilities,
Lighting regulation
Limitations on Development Activities
and Heavy Equipment Operations
Chapter 19,110 - Density and Dimensions
Affordable housing regulations,
Calculating lot coverage,
Rounding of fractions of dwelling units.
Regulation of distance between
structures - Regarding maximum
horizontal facade
Compliance generally
Exceptions.
Rooftop appurtenances - Required
screening.
Chapter 19.115 - Community Design Guidelines
Chapter 19.120 - Land Modifications
Chapter 19,125 - Outdoors, Yards, and Landscapinq
Planting requirements for certain trees.
Garbage and recycling receptacles -
Placement and screening..
Scope of division
Exceptions and limitations in some
zones.
Structures and improvements.
Outdoor uses, activities and storage.
Outdoor Activities and Storage
Application of division,
Outdoor Activities and Storage
Commercial and industrial uses.
FWCC 22-129
Chapter 22 Art /I Div 1
Chapter 22 Art /I Div 7
Chapter 22 Art /I Div 6
Chapter 22 Art IV
Chapter 22 Art /II Div 1, 2, 3A. 38, 3C
Chapter 22 Art XX
Chapter 22 Art /I Div 8
Chapter 22 Art IV,A
Chapter 22 Art IV,8
Chapter 22 Art V
Chapter 22 Art VI
Chapter 22 Art V/I
Chapter 22 Art VIII
Chapter 22 Art IX
Chapter 22 Art XXI
Chapter 19 Art IV
Chapter 14 Art VI
Chapter 9 Art /I Div 2
Chapter 22 Art XIII Div 1 partial, Chapter 22 Art X/II Div 3
FWCC 22-953
FWCC 22-946,1
FWCC 22-954
FWCC 22-1006
Chapter 22 Art XIII Div 1 partial; Chapter 22 Art XIII Div 5
FWCC 22-976
FWCC 22-955
FWCC 22-961
FWCC 22-964
FWCC 22-1046
FWCC 22-1047
FWCC 22-960
Chapter 22 Art XIX
Chapter 22 Art XIII Div 7
Chapter 22 Art XIII Div 4, 8 partial, 9 partial; Chapter 22 Art
XV/l
FWCC 22-962
FWCC 22-949
FWCC 22-1131
FWCC 22-1132
FWCC 22-1133
FWCC 22-1134
FWCC 22-1111
FWCC 22-1113
Chapter 19.130 - Off-street Parking
Residential uses.
Driveways and parking areas.
Chapter 19.135 - Development Improvements
Sight Distance at Intersections
Permissible intrusion in the area to be
kept clear of sight obstruction,
Chapter 19.140 - Signs
Critical Areas
Chapter 19.145 - Environment and Criticai Areas in
General
Chapter 19.150 - Critical Areas Administration
Chapter 19.155 - General Site Design Requirements
Chapter 19.160 - Geologically Hazardous Areas
Chapter 19.165 - Streams
Chapter 19.170 - Regulated Lakes
Chapter 19,175 - Regulated Wetlands
Chapter 19.180 - Regulated Wellheads
Chapter 19,185 - Critical Aquifer Recharge Areas and
Wellhead Protection Areas
Zoninq Requlations
Chapter 19.190 - General Zoning Regulations
Chapter 19.195 - Suburban Estate (SE)
Chapter 19.200 - Single-Family Residential (RS)
Chapter 19.205 - Multifamily Residential (RM)
Chapter 19.210 - Professional Office (PO)
Chapter 19.215 - Neighborhood Business (BN)
Chapter 19.220 - Community Business (Be)
Chapter 19.225 - City Center-Core (CC-C)
Increases to single-story construction
limits - City center core. -
Structured Parking in the CC-C
Chapter 19.230 - City Center-Frame (CC-F)
Increases to single-story construction
limits - City center frame.
Structured Parking in the CC-F
Chapter 19.235 - Office Park (OP)
Chapter 19.240 - Commercial Enterprise (CE)
Chapter 19.245 - Corporate Park (CP-1 )
Supplemental Zoninq Requlations
Chapter 19.250 - Cottage and Compact Single-Family
Housing
Chapter 19.255 - Personal wireless service facilities
Personal wireless service facilities
(PWSF)
Development standards,
Nonconformance.
Temporary personal wireless service
facilities.
Application requirements.
Collocation.
EMF standards and interference.
Removal of facility.
Permit limitations.
Revocation of perm it.
Chapter 22 Art XIII Div 11.. Chapter 22 Art XV
FWCC 22-1112
FWCC 22-1135
Chapter 22 Art XVI
FWCC 22-1151
FWCC 22-1160
Chapter 22 Art XVIII
Chapter 22 Art XIV
Chapter 22 Art XIV Div 1
Chapter 22 Art XIV Div 2
Chapter 22 Art XIV Div 3
Chapter 22 Art XIV Div 4
Chapter 22 Art XIV Div 5
Chapter 22 Art XIV Div 6
Chapter 22 Art XIV Div 7
Chapter 22 Art XIV Div 8
Chapter 22 Art XIV Div 9
Chapter 22 Art XI Div 1
Chapter 22 Art XI Div 2
Chapter 22 Art XI Div 3
Chapter 22 Art XI Div 4
Chapter 22 Art XI Div 5
Chapter 22 Art XI Div 6
Chapter 22 Art XI Div 7
Chapter 22 Art XI Div 8
FWCC 22-977
FWCC 22-1425
Chapter 22 Art XI Div 8
FWCC 22-977
FWCC 22-1425
Chapter 22 Art XI Div 9
Chapter 22 Art XI Div 10
Chapter 22 Art XI Div 12
Chapter 22 Art XII
Chapter 22 Art XIII Div 1 partial
FWCC 22-966
FWCC 22-967
FWCC 22-968
FWCC 22-969
FWCC 22-970
FWCC 22-971
FWCC 22-972
FWCC 22-973
FWCC 22-974
FWCC 22-975
Chapter 19,260 - Animals
Animals in home occupations
Chapter 19.265 - Accessory Uses and Facilities
Accessory uses, facilities and activities.
Accessory dwelling units.
Chapter 19.270 - Home Occupations
Chapter 19.275 - Temporary Uses
Regulation of temporary trailers for
construction and real estate sales offices
Chapter 22 Art XIII Div 2
FWCC 22-1071
Chapter 22 Art XIII Div 1 partial
FWCC 22-946
FWCC 22-965
. Chapter 22 Art XI Div 6
Chapter 22 Art X
FWCC 22-963
TITLE 2 FULL CODE COMPARISON
New Federal Way Revised Code is on the left with new or changed text underlined (in red).
Old Federal Way City Code is on the right in italics (in blue).
FEDERAL WAY REVISED CODE
Title 2 Government
Departments. Officials, and Emplovees
Chapter 2.05 - Government In General
2.05.010 Organization - Personnel policies, procedures
and benefit programs,
2.05.015 Office Hours
Ch. 2.10 - City Council and Mavor
2.10.010 - Salaries
Ch. 2.15 - Municipal Court
2.15.005 - Creation
2.15.010 - Jurisdiction
2.15.015 - Violations Bureau
2.15.020 - Disposition of Revenue
2.15.025 - Municipal Judge
2.15.030 - Municipal Court Commissioner
2.15.035 - Court Operation
2.15.040 - Sessions
2.15.045 - Municipal Court Seal
2.15.050 - Case Transfers
2.15.055 - Jury Trial and Fee
2,15.060 - Sentencing
2.15.065 - Criminal Process
2.15.070 - Complaints
2.15.075 - Pleadings, Practice and Procedure
Ch. 2.20 - Hearings Examiner
2.20.005 - Creation
2.20.010 - Appointment
2.20.015 - Qualification
2.20.020 - Jurisdiction, Powers and Authority
2.20.025 - Rules of Procedure
Ch. 2.25 - Police Department
2.25.005 - Creation
2.25.010 - Governing Body
2.25.015 - Appointment of Director of Police
2.25.020 - Appointment of Deputy Director(s) of Police
2.25.025 - Administrative Authority
2.25.030 - Oath Required
2.25.035 - Limited Commission Officers
Ch, 2.30 - Department of Community
Development
FEDERAL WA Y CITY CODE
Chapter 2 Administration
(Ch. 2 Art I, II, IV, X)
Ch. 2 Article I. In General
2-96 Organization - Personnel policies, procedures and
benefit programs. (moved from Ch 2 Art IV, Div 1)
2-1 Office Hours
Ch. 2 Art II. City Council
2-26 Salaries
Ch. 2 Art X. Municipal Court
2-307 Creation.
2-308 Jurisdiction.
2-309 Violations bureau.
2-310 Disposition of revenue,
2-311 Municipal judge,
2-312 Municipal court commissioner,
2-313 Court operation.
2-314 Sessions.
2-315 Municipal court seal.
2-316 Case transfers.
2-317 Jury trial and fee,
2-318 Sentencing.
2-319 Criminal process,
2-320 Complaints.
2-321 Pleadings, practice and procedure.
Ch. 22 Art II. Division 3 Hearing Examiner
22-81 Creation.
22-82 Appointment.
22-83 Qualification.
22-84 Jurisdiction, powers and authority.
22-85 Rules of procedure.
Ch. 2 Art IV Div 4. Public Safety Department
2-133 Establishment.
2-134 Governing body.
2-135 Appointment of director of public safety.
2-136 Appointment of deputy director(s) of public safety.
2-137 Administrative authority.
2-138 Oath required.
2-139 Limited commission officers.
Ch. 22 Art II. Div. 4 Department of Community
Development
2.30,005 - General Responsibilities
2.30.010 - Authority
2,30.015 - Forms and Operating Procedures
2.30,020 - Code Enforcement Officer
2.30,025 - Code Enforcement Officer - Duty to Investigate
2.30,030 - Code Enforcement Officer - Entrance on Private
Property
Ch. 2.35 - Indemnification
2.35.005 - Definitions
2.35,010 - Legal Representation
2.35.015 - Exclusions
2.35.020 - Determination of Exclusion
2.35.025 - Representation and Payment of Claims -
Conditions
2.35.030 - Effect of Compliance with Conditions
2.35.035 - Failure to Comply with Conditions
2.35.040 - Reimbursement of Incurred Expenses
2.35.045 - Conflict with Provisions of Insurance Policies
2.35.050 - Claims
Ch. 2.40 Travel Policy and Procedure
2.40.005 - Request for Advance
2.40.010 - Repayment or Itemization of Expenses
2.40.015 - City Right to Impose Lien, Withhold Payments
2.40.020 - Uses Specified
2.40.025 - Reimbursement for Travel Expenses
2.40.030 - False Certificates - Perjury
2.40.035 - False Certificates - Approval- Payment
Boards. Committees, and Commissions
Ch. 2.45 - Civil Service Commission
2.50.005 - Definitions
2.50.010 - Creation - Appointment
2.50.015 - Eligibility
2.50.020 - Terms
2.50.025 - Removal
2.50.030 - Proceedings - Quorum
2.50.035 - General Powers and Duties
2.50.040 - Secretary-Chief Examiner
2.50.045 - Rules and Regulations
Ch. 2.50 - Arts Commission
2.55.005 - Creation
2.55.010 - Purpose
2.55.015 - Membership
2.55.020 - Officers - Staff - Operation
2.55.025 - Responsibilities
Ch. 2.55 - Human Services Commission
2.60.005 - Creation
22-101 General responsibility.
22-102 Authority.
22-103 Forms and operating procedures,
22-104 Code enforcement officer,
22-121 Code enforcement officer- Duty to investigate,
(moved from Ch 22 Art II, Div 5)
22-122 Code enforcement officer - Entrance on private
property. (moved from Ch 22 Art II, Div 5)
Ch. 2 Art IV Div 2. Indemnification
2-106 Definitions.
2-107 Legal representation.
2-108 Exclusions,
2-109 Determination of exclusion,
2-110 Representation and payment of claims - Conditions,
2-111 Effect of compliance with conditions,
2-112 Failure to comply with conditions.
2-113 Reimbursement of incurred expenses.
2-114 Conflict with provisions of insurance policies,
2-115 Claims.
Ch. 2 Art IV Div 3. Travel Policy and Procedure
2-126 Request for advance.
2-127 Repayment or itemization of expenses.
2-128 City right to impose lien, withhold payments,
2-129 Uses specified.
2-130 Reimbursement for travel expenses.
2-131 False certificates - Perjury.
2-132 False certificates - Approval- Payment.
Ch. 2 Art 11/. Boards - Committees -
Commissions
Ch. 2 Art III Div 1. Civil Service Commission
2-46 Definitions.
2-47 Creation - Appointment.
2-48 Eligibility.
2-49 Terms.
2-50 Removal.
2-51 Proceedings - Quorum.
2-52 General powers and duties,
2-53 Secretary-chief examiner.
2-54 Rules and regulations.
Ch. 2 Art 11/ Div 2. Arts Commission
2-56 Created,
2-57 Purpose.
2-58 Membership,
2-59 Officers - Staff - Operation,
2-60 Responsibilities.
Ch. 2 Art 11/ Div 3. Human Services Commission
2-71 Created.
2,60.010 - Qualifications - Terms
2.60,015 - Organization and Meetings
2.60.020 - Duties and Responsibilities
Ch. 2.60 - Youth Commission
2.65.005 - Creation
2.65.010 - Purpose
2.65,015 - Goals
2.65.020 - Membership
2,65.025 - Responsibilities
2,65.030 - Staff Support
Ch. 2.65 - Diversity Commission
2.70,005 - Creation
2.70.010 - Purpose
2.70.015 - Membership
2.70.020 - Responsibilities and Objectives
2,70.025 - Officers
Ch. 2.70 - Disability Board
2.75.005 - Creation
2.75.010 - Functions
2.75.015 - Membership
2.75.020 - Term - Vacancies
Ch. 2.75 - Lodging Tax Advisory Committee
2.80.005 - Creation
2.80.010 - Membership
2.80.015 - Term of Office
2,80.020 - Voting - Dissenting and Concurring Comments
2,80.025 - Changes to Membership
2.80,030 - Submissions to the Committee
2.80.035 - Comments - Members Entitled to One Vote-
Dissenting or Concurring Comments Forwarded to Council
Ch. 2.80 - Independent Salary Commission
2.85.005 - Creation
2.85.010 - Purpose
2.85.015 - Membership
2.85.020 - Qualifications
2.85.025 - Operation
2.85.030 - Responsibilities
2.85.035 - Effective Date - Salaries
2.85.040 - Salary Schedule Subject to Referendum Petition
Ch. 2.85 - Parks and Recreation Commission
2.90.005 - Creation
2.90.010 - Membership
2.90.015 - Officers
2.90.020 - Purpose
2.90.025 - Responsibilities
2-72 Qualifications - Terms.
2-73 Organization and meetings,
2-74 Duties and responsibilities,
Ch. 2 Art 11/ Div 4. Youth Commission
2-78 Created,
2-79 Purpose,
2-80 Goals.
2-81 Membership,
2-82 Responsibilities,
2-83 Staff support,
Ch. 2 Art 1/ Div 5. Diversity Commission
2-87 Created.
2-88 Purpose,
2-89 Membership,
2-90 Responsibilities and objectives,
2-91 Officers.
Ch. 2 Art /I Div 6. Disability Board
2-92 Creation of disability board.
2-93 Functions of the board.
2-94 Membership.
2-95 Term - Vacancies.
Ch. 2 Art 11/ Div 7. Lodging Tax Advisory
Committee
2-95.1 Creation,
2-95.2 Membership.
2-95.3 Term of office.
2-95.4 Voting - Dissenting and concurring comments.
2-95.5 Changes to membership.
2-95.6 Submissions to the committee.
2-95.7 Comments - Members entitled to one vote -
Dissenting or concurring comments forwarded to council,
Ch. 2 Art 11/ Div 8. Independent Salary
Commission
2-95.8 Created.
2-95.9 Purpose.
2-95.10 Membership.
2-95.11 Qualifications.
2-95.12 Operation.
2-95. 13 Responsibilities.
2-95. 14 Effective date - Salaries.
2-95.15 Salary schedule subject to referendum petition,
Ch 11, Art 1/. Parks and Recreation Commission
11-26 Created.
11-27 Membership.
11-28 Officers.
11-29 Purpose.
11-30 Responsibilities.
Ch. 2.90 - Planning Commission
2.95.005 - Creation
2.95.010 - Membership
2.95.015 - Appointment
2.95,020 - Jurisdiction, Powers and Authority
2.95,025 - Rules of Procedure
2,95,030 - Additional Committees, Boards, Commissions,
Councils, and Individuals
Ch. 22 Art II. Div. 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,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DIRECTING THAT THE
CITY CLERK IN CONJUNCTION WITH THE CODE
REVISER PREPARE A DRAFf RE-CODIFICATION AND
REORGANIZATION OF THE FEDERAL WAY CITY CODE
TO BE KNOWN AS THE FEDERAL WAY REVISED CODE
WHEREAS, the City Of Federal Way Code ("Code") was originally codified in 1993 by
Municipal Code Corporation under Ordinance 93-160, and republished in 2001 by Code Publishing
Company; and;
WHEREAS, the Code Publishing Company continues to be the publisher for the City; and
WHEREAS, the Code is currently codified in a cumbersome format that is not typical of
Washington cities making it more difficult to amend, reference, and more expensive to maintain;
and;
WHEREAS, over the years amendments to the Code have left the current codification of the
code disorganized, with scrivener's errors, incorrect references, and unclear language, and;
WHEREAS, the City Council wishes to organize the Code in a way that is more straight
forward and friendly to users;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Re-codification of the Federal Way City Code.
The City Council ofthe City Of Federal Way directs the City Clerk in conjunction with
Code Publishing to organize, compile, edit, produce, and republish a new codification of the
RES #
, Page 1
Federal Way City Code to be known as the Federal Way Revised Code.
The new codification shall be based on a decimal system of title, chapter, and section,
similar to the state RCW's. The former nomenclature of chapter, article, division, section, or
subsection shall be replaced with the appropriate title, chapter, subchapter, section, and
subsection terms. All internal citations shall be corrected as well, and shall conform to the style
ofthe Washington State code reviser's office's "Bill Drafting Guide 2007." Subsections and
subparagraphs shall be re-enumerated using the following sequence and style: (l)(a)(i)(A)(I).
Numbering shall be removed from definition lists and the words defined shall be indented,
italicized, and set off with quotation marks. Cross reference sections shall be developed to
include cross references between related sections of the code as well as applicable state law.
A draft version shall be produced for further review by City staff and for the City
Council's final approval of the new publication.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. Ratification. Any act consistent with the authority and prior to the effective date
ofthis resolution is hereby ratified and affirmed.
Section 4. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of ,2007.
RES #
, Page 2
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK.
ATTEST:
CITY CLERK, LAURA HATHA WAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
RES #
, Page 3
COUNCIL MEETING DATE: NOVEMBER 20TH, 2007
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Correcting Various Nonsubstantiative Errors In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE CORRECTING VARIOUS
NONSUBSTANTIATIVE ERRORS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Land Use/Transportation Committee
MEETING DATE: Nov. 5th, 2007
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
D
D
Public Hearing
Other
~!~!!.~!>'.Q~T.m!!Y.:~9.~_!.Y.AI:!:~z!?~~!:!_TY CIII.A TTO~.~X
DEPT: Law
Staff is proposing to reorganize and re-codify the current Federal Way City Code into the Federal Way Revised
Code. During the process Staff has discovered a number of typographical errors, scrivener's errors, incorrect
references, and unclear language that should be corrected. Concurrently with this ordinance staff will present a
resolution on the re-codification of the Code. Both of these will be presented to planning commission and each
Council Committee.
Attachments: Staff report, non substantiative correction ordinance with 2 appendixes.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council for first
reading at the November 20th, 2007 meeting.
2. Modify the proposed Ordinance and forward to the full council for first reading at
the November 20th, 2007 meeting.
3. Do not approve the proposed Ordinance.
Council
DIRECTOR ApPROVAL: ..p frK...
Committee
-CO~
CITY MANAGER ApPROVAL:
COMMITTEE RECOMMENDATION:
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: HI move approval of Option _ ".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITYOF ~
Federal Way
STAFF REPORT
DATE:
TO:
OCTOBER 10TH, 2007
CITY COUNCIL MEMBERS
PLANNING COMMISSION MEMBERS
cc:
FROM:
NEAL BEETS, CITY MANAGER;
PAT RICHARSON, CITY ATTORNEY
LAURA HATHAWAY, CITY CLERK
AARON WALLS, DEPUTY CITY ATTORNEY
SUBJECT: STAFF REPORT ON THE REORGANIZATION AND RE-CODIFICATION OF THE FEDERAL WAY
CITY CODE AND THE CORRECTION OF NONSUBSTANTIATIVE ERRORS.
Staff has researched the feasibility and desirability of a re-codification and republication
of the Federal Way City Code (Code or FWCC) and proposes the re-codification of the Code
into a renamed Federal Way Revised Code (FWRC). Similar to the state RCW's, the new
codification will be based on a decimal system of title, chapter, subchapter and section, with
references being to title, chapter, and section. The current system is based on a chapter,
article, division, and section nomenclature with references being only to chapter and section.
The intent of the reorganization of the Code is to make it more user friendly for both the city staff
and the public. The cost of this process will be approximately $7500 arid will take an estimated
2 - 4 months.
During the process of reviewing the Federal Way City Code (FWCC) for the purpose of
reorganizing and re-codifying, Staff has also located a number of typographical errors,
scrivener's errors, incorrect references, and unclear language in various sections that should be
corrected prior to the final re-codification. A proposed ordinance sets forth each section
needing correction with the proposed corrections.
The reorganization will consolidate provisions dealing with boards, commissions, and
government personnel and departments into Title 2. The tax and finance chapters will be
consolidated. Streets, parks, and public places will be consolidated. Crimes will be
consolidated into a public safety and welfare title. Nuisances will be consolidated into a public
nuisances chapter. Animal regulations will be consolidated into an animal title. Utility regulation
will be consolidated into one title. Alarms and fireworks will be consolidated with the business
title. Building regulations and the fire code will be consolidated. Shoreline management will be
divided from SEPA related regulations. Water quality regulations will be consolidated with
surface water management. The zoning code will be reorganized and renamed the zoning and
development code title.
Some sections will be removed from what is currently the zoning chapter. These include
administrative regulation dealing with city employees, which will be moved to the government
title. Certain nuisance type prohibitions will be moved to the public nuisances title. Water
quality regulations will move to surface water management. Although the planning commission
generally has jurisdiction over matters in the zoning chapter, the commission's jurisdiction is
actually defined by process VI. Although process VI addresses amendments to the text of the
zoning chapter, it also generally covers development regulations throughout the Code, thus the
Planning commission's authority will not be affected by the reorganization. Additionally FWCC
22-59 and FWCC 22-523 provide the planning commission jurisdiction over any council
authorized items.
During this process internal citations will be corrected and made more regular.
Subsections and subparagraph will be re-enumerated to one consistent style. that of the
RCW's, using the following sequence and style: (1 )(a)(i)(A)(I). Numbering will be removed from
definition lists and the words defined shall be indented, italicized, and set off with quotation
marks. Cross references will be updated and expanded.
Staff is recommending proceeding with a Council resolution to direct the preparation of a
draft reorganization of the Code as well as with an ordinance to correct the nonsubstantiative
errors that have been found. Each proposal will be presented to the planning commission and
each council committee. Attached are the proposed ordinance with two appendixes, a
proposed resolution, a comparison outline of the old and new Codes, and a full outline of the
new Title 2 for illustrative purposes.
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON; CLARIFYING LANGUAGE, CORRECTING
REFERENCES, AND CORRECTING OTHER INADVERTENT ERRORS;
AMENDING CHAPTER 2 ARTICLE VIII, CHAPTER 3 ARTICLE II, CHAPTER 4
ARTICLE I, CHAPTER 9 ARTICLE IV, AND CHAPTER 22 ARTICLES II, IV.S,
VI, VII, VIII, XI, XIII, XVII, XVIII, >9'1. (Amending Ordinance No's 90-30, 90-43,
91-87, 91-90, 92-133, 92-153, 93-170, 93-182, 93-193, 96-270, 97-291, 99-333,
99-337,99-341,99-348,99-357,00-375,00-376, 01-399, 02-424, 05-486, 05-
487, 06-515, 06-523, 06-527)
WHEREAS, the City of Federal Way is in the process of re-codifying the
Federal Way City Code (FWCC) and through this process has found various
typographical errors, codification errors, redundant sections, unclear sections,
inaccurate references, and other inadvertent errors have been introduced into the
code over time; and
WHEREAS, none of the changes to the FWCC contained in this
Ordinance are intended to create substantiative changes to the law;
WHEREAS, in 1997 substantial changes were made to the zoning code
including changing the nomenclature of the zoning processes and during this
amendment a number of inadvertent referencing errors were introduced;
WHEREAS, many sections include errors of syntax and grammar,
inconsistencies of format and style, including as follows,
FWCC 2-253 inaccurately references a state statute;
FWCC 3-3 inaccurately references a FWCC section;
FWCC 4-1, in addition to format and grammatical errors, inaccurately
references a King County Code section, has redundant references to FWCC
ORD#
, PAGE I
sections, and is missing the definition of "vicious" which was inadvertently
removed in Ordinance 06-527 and reenacted without reference under Ordinance
06-530 ;
FWCC 4-16 is not applicable as it purports to set policy for King County
and is duplicative of King County law;
FWCC 4-24 inaccurately references a FWCC section, and references King
County rather than Federal Way;
FWCC 9-156 is redundant with FWCC 4-1;
FWCC 9-186 should be clarified and inaccurately references two FWCC
sections;
FWCC 16-44 inaccurately references process I instead of process III;
FWCC 18-51 inaccurately references a FWCC section;
FWCC 22-32.2(3) should be clarified in light of FWCC 22-351 and 22-361;
FWCC 22-351 and FWCC 22-361 contain surplus language;
FWCC 22-353 inaccurately references a FWCC section, and is missing a
section required by state law;
FWCC 22-354 should be clarified;
FWCC 22-355 should be clarified;
FWCC 22-361 e1. seq. (process II) lacks an application process required
by state law;
FWCC 22-365 needs reformatting;
FWCC 22-367 inaccurately references a FWCC section;
FWCC 22-368 inaccurately references a process, and should be clarified;
.
ORD#
,PAGE 2
FWCC 22-392 should be clarified and contains an inaccurate statement
that is in conflict with FWCC 22-397;
FWCC 22-396 contains inaccurate, surplus language, and contains an
inaccurate statement that is in conflict with FWCC 22-397;
FWCC 22-397 should be clarified;
FWCC 22-406 contains redundant language and needs clarification;
FWCC 22-407 is missing a word;
FWCC 22-436 should be clarified and has inaccurate language that
conflicts with FWCC 22-447;
FWCC 22-446 should be clarified and has an inaccurate reference;
FWCC 22-447 should be clarified;
FWCC 22-449 inaccurately references a FWCC section;
FWCC 22-481 is unclear and has an inapplicable section;
FWCC 22-638 has an inapplicable section;
FWCC 22-947, 22-947, 22-948, 22-950, 22-951, and 22-958 should be
clarified as to their application and effect;
FWCC 22-947 has a redundant reference to state law;
FWCC 22-959 is not applicable and has a redundant reference to state
law;
FWCC 22-981 and FWCC 22-1071 are redundant and need to be merged
into FWCC 22-981;
FWCC 22-1047 contains an inaccurate reference to a process;
FWCC 22-1111 is redundant and needs to be merged with FWCC 22-
ORD#
, PAGE 3
1112;
FWCC 22-1112 has a redundant section;
FWCC 22-1131, FWCC 1132, FWCC 1133 and FWCC 1134 are
duplicative and need to be merged into FWCC 1133;
FWCC 22-1201 should be clarified as to their application and effect;
FWCC 22-1563 inaccurately references a FWCC section;
FWCC 22-1568 is missing a phrase;
FWCC 22-1599 is missing a reference;
FWCC 22-1653 inaccurately references a FWCC section;
FWCC 2-336 inaccurately references an RCW section and should be
clarified; and;
WHEREAS, the City Council of the City of Federal Way finds it in the best
interest of the City to correct errors and clarify its code, and amending these
sections bears a substantial relation to public health, safety, or welfare of the
people of Federal Way; is consistent with the applicable provisions of the
comprehensive plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 2, Article VIII, Section 2-253 of the Federal Way City
Code shall be amended to read as follows:
2-253 Definitions.
All terms used herein shall, in addition to their ordinary meaning, also be
defined according to (1) st3te st3tutO C~hapter ~69.50 RCW, (2) city
ordinance, or (3) common law, in that order of preference.
(Ord. No. 93-182,94,7-20-93)
SECTION 2. Chapter 3, Article II, Section 3-3 of the Federal Way City
Code shall be amended to read as follows:
ORD#
, PAGE 4
3-3 Service charges for excessive false alarms.
(a1) Service charges will be assessed by the city clerk for excessive false
alarms during the registration year as follows:
Fourth and fifth false alarms: fee set forth in fee resolution.
Sixth and additional false alarms: fee set forth in fee resolution.
(e~) The city clerk shall notify the alarm user and the alarm business by
regular mail of the fourth false alarm, the fine and the consequences of the failure
to pay the fine. The city clerk shall also inform the alarm user of the right to
appeal the validity of the false alarm determination, as provided in FWCC J--t.G3-
f!. If the service charge has not been received in the city clerk's office within 60
days from the day the notice of service charge was mailed by the city clerk's
office, and there is no appeal pending on the validity of the false alarm, the city
clerk shall send the notice of service charge by certified mail along with a notice
of late fee as set forth in fee resolution. If payment is not received within 10 days
of the day the notice of late fee was mailed, the police chief may initiate the no
response process and enforcement of penalties.
(Ord. No. 93-193, 9 3,11-9-93)
SECTION 3. Chapter 4, Article I, Section 4-1 of the Federal Way City
Code shall be amended to read as follows:
4-1 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:
~~batement.:.sRaU mean~ the termination of any violation by reasonable and
lawful means determined by the director of the animal control authority in order
that a person or a person presumed to be the owner shall comply with this
chapter.
"Adult car' means a cat of either sex, altered or unaltered, that has reached
the aQe of six months.
"Adult doq" means one of either sex, altered or unaltered, that has reached
the aQe of six months.
~~nima/':"sRaU mean~ any living creature except human beings, insects and
worms.
~~nimal control authority:: sRaU mean the county animal control division,
department of general services, acting alone or in concert with other
municipalities for enforcement of the animal control laws of the county and city
for the shelter and welfare of animals.
~~nimal control officer:: sRaU mean~ any individual employed, contracted or
appointed by the animal control authority for the purpose of aiding in the
enforcement of this chapter or any other law or ordinance relating to the
impoundment of animals, and includes any state or municipal peace officer,
sheriff, constable or other employee whose duties in whole or in part include
assignments which involve the seizure and taking into custody of any animal.
ORD#
, PAGE 5
~'Animal rescuer::. means any individual who routinely obtains an unwanted
dog or cat and who locates within 90 days an adoptive home for that spayed or
neutered dog or cat provided, however, an interim, administrative extension may
be granted by the animal control authority for a maximum of six months if a dog
or cat is pregnant, nursing, or injured and that condition is verified by a
veterinarian.
~Cattery~ means a place where four or more adult cats are kept, whether by
owners of the cats or by persons providing facilities and care, whether or not for
compensation, but not including small animal hospital, clinic or pet shop. An adult
cat is one of either sex, altered or unaltered, that has reached the age of six
months.
~Dangerous dog::' sRaU mean~ any dog that according to the records of the
animal control authority:
(1) Has inflicted severe injury on a human being without provocation on
public or private property,;
(2) Has killed a domestic animal without provocation while off the owner's
property,; Sf
(3) Has been previously found to be potentially dangerous, and the owner
having received notice of such and the dog again aggressively bites, attacks, or
endangers the safety of humans or domestic animals,;
(4) Has a known propensity, tendency or disposition to attack without
provocation to cause injury or otherwise endanger humans and/or domestic
animals based upon notice to the owner,;
(5) Bites or attacks without provocation after prior notice to the owner,; or
(6) Is defined as a "dangerous dog" under RCW 16.08.070 as it currently
exists or is amended in the future.
~Director' sRaU mean~ the director of the county department of health.
~Domesticated anima/':'sRaU mean~ those domesticated beasts including any
dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other
animal made to be domestic.
~Euthanasia':'sRaU mean~ the humane destruction of an animal, accomplished
by a method that involves instantaneous unconsciousness and immediate death,
or by a method that causes painless loss of consciousness and death during
such loss of consciousness.
~Grooming service~ means any place or establishment, public or private,
where animals are bathed, clipped or combed for the purpose of enhancing their
aesthetic value and/or health and for which a fee is charged.
::,Harboring, keepingL or maintaining a dog or cat,:,sAaU mean~ performing any
of the acts of providing care, shelter, protection, refuge, food or nourishment in
such manner as to control the animal's actions, or that the animal is treated as
living at one's house by the homeowner.
~Hobby cattery ':'means a noncommercial cattery at or adjoining a private
residence where four or more adult cats are bred or kept for exhibition for
organized shows or for the enjoyment of the species provided, however, a
combination hobby cattory/kennollicense may be issued where the total number
of cats and dogs exceeds the number allowed in F'NCC 9 186.
ORD#
,PAGE 6
::'Hobby kennel::. means a noncommercial kennel at or adjoining a private
residence where four or more adult dogs are bred or kept for hunting, training
and exhibition for organized shows, field, working and/or obedience trials, or for
enjoyment of the species provided, however, a combination hobby cattery/kennel
license may be issued where the total number of cats and dogs exceeds the
number allowed in F'NCC 9 169.1.
::'Juvenile::' means any dog or cat, altered or unaltered, that is under the age of
six months.
::'Kennel" stlaU mean~ a place where four or more adult dogs are kept,
whether by owners of the dogs or by persons providing facilities and care
whether or not for compensation, but not including a small animal hospital or
clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has
roached the age of six months.
::'Known propensity::"'sRa# mean2 an inclination for behavior that the owner is
or should be aware of.
::'Uvestock::"'means cattle, hogs, sheep, goats, horses, llamas and other large
grazing animals, but does not include small, wild or prodatory animals, as defined
in King County Code Section 21.01.510 21A.06.065.
"::'Owner'stlaU mean2 any person having an interest or right of possession to
an animal or any person having control, custody or possession of an animal, or
by reason of the animal being seen residing consistently at a location, shall be
presumed to be the owner.
::,Packs of dogs::' shall consist of means a group of two or more dogs running
upon either public or private property not that of their owner in a state in which
either their control or ownership is in doubt or cannot readily be ascertained, and
when such dogs are not restrained or controlled.
::,Pet shop::"'stlaU mean2 any person, establishment, store or department of any
store that acquires live animals, including birds, reptiles, fowl and fish, and sells,
or offers to sell, or rent such live animals to the public or to retail outlets.
::'Potentially dangerous dog::"'sRa# mean2 a dog the owner reasonably knows
has aggressively bitten, attacked or endangered humans and/or domestic
animals and as defined under any dOQ that meets the definition of potentially
danQerous dOQ as defined by RCW 16.08.070.
::'Running at /arge::"'sRa# mean2 to be off the premises of the owner or
custodian and not secured by a leash 15 feet or less.
::'Service anima/it means any animal, which is trained or being trained to aide a
person who is blind, hearing impaired, or otherwise disabled and is used for that
purpose and is registered with a recognized service animal organization.
::'Severe injul}'::"'sRaU mean2 any physical injury that results in broken bones or
lacerations requiring multiple sutures or cosmetic surgery.
::'She/ter" stlaU mean2 a facility which is used to house or contain stray,
homeless, abandoned or unwanted animals and which is owned, operated or
maintained by a public body, an established humane society, animal welfare
society, society for the prevention of cruelty to animals, or other nonprofit
organization devoted to the welfare, protection and humane treatment of animals.
ORD#
, PAGE 7
::Special hobby kennel license:: means a license issued to pet owners under
certain conditions, who do not meet the requirements for a hobby kennel license,
to allow them to retain only those specific dogs and cats then in their possession
until such time as the death or transfer of such animals reduces the number they
possess to the legal limit set forth in this chapter.
::Under contro/':'sRaU mean~ the animal is under voice competent and/or
signal control so as to thereby be restrained from approaching any bystander or
other animal and from causing or being the cause of physical property damage
when off a leash or off the premises of the owner.
"Vicious" means the act of or the propensity to do any act endanqerinq the
safety of any person, animal, or property: includinq but not limited to bitinq a
human beinq, attackinq human beinqs, or attackinq domesticated animals
without provocation.
(Ord. No. 90-30, S 2(A) - (N), (P) - (T), 2-13-90; Ord. No. 92-153, S 2, 11-17-92;
Ord. No. 06-527, S 1,6-20-06; Ord. No. 06-530, S 1,8-1-06)
SECTION 4. Chapter 4, Article I, Section 4-16 of the Federal Way City
Code shall be amended to read as follows:
-1 16 Euthanasia rate targets.
(a) It shall be the policy of King County that the following maximum euthanasia
rate targets are used to measure the progress tOl//ards reducing the rates of
um':anted, healthy pet cats and dogs destroyed by the animal control authority
and/or its designees. The euthan3sia r3tes shall not include 3nimals th3t 3ro
destroyed because they aro f-oral, medically or temperamentally unsuitable for
adoption of have been rele3sed by their owners for owner roquested euthanasia.
The computation of the euthanasia rates shall be based on a population which is
defined as all of King County, except the city of Seattle.
(1) The number of healthy dogs and cats destroyed by King County animal
control and its designees exceeds 11 C3ts per 1,000 persons living in the county
and 6.6 dogs per 1,000 persons living in the county f-or any given year ending
December 31 st; or
(2) The number of healthy dogs and cats destroyed by King County animal
control or its designees exceeds 5.5 cats per 1,000 persons living in tho county
3nd 3.3 dogs per 1,000 persons living in the county for the year ending
December 31, 1996;or
(3) The number of healthy dogs 3nd cats destroyed by King County animal
control or its designees exceeds 1.7 cats per 1,000 persons IiYing in the county
and 1.0 dogs per 1,000 persons living in the county for the year ending
December 31,2000.
(b) The ~:mimal control 3uthority Sh311 report annually to the Federal 'Nay city
council about the number of unwanted, he31thy pets destroyed 3nd what
3dditional measures or programs might be recommended for council approval to
reduce the euthanasia rates. (Ord. No. 92 153, ~ 9, 11 1792)
SECTION 5. Chapter 4, Article I, Section 4-16 of the Federal Way City
ORD#
, PAGE 8
Code shall be amended to read as follows:
4-24 Mandatory spaying and neutering.
(al) No person shall own or harbor any cat or dog over the age of six months
that has not been spayed or neutered unless the person holds an unaltered
animal license for the animal pursuant to FWCC 9495106.
(b~) Guide dog puppies in training and police service dogs are exempted from
the provision of this section.
(6~) Any dog or cat over the age of six months adopted from an animal
shelter in King County Federal Way shall be spayed or neutered before transfer
to the owner.
(Ord. No. 92-153, S 3,11-17-92)
SECTION 6. Chapter 9, Article IV, Section 9-156 of the Federal Way City
Code shall be amended to read as follows:
9-156 Definitions.
The definitions under Chapter 4. Animals. shall apply throuQhout this Article.
The follo'l/ing 'Nords, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Animal control authority shall mean the county animal control division,
department of general services, acting alone or in concert with other
municipalities for enforcement of the animal control laws of the county and city
for the shelter and v/eltare of animals.
Animal control officer shall mean any individual employed, contracted or
appointed by the animal control authority for the purpose of aiding in the
enforcement of this article or any other la'A' or ordinance relating to the
impoundment of animals, and includes any state or municipal peace officer,
sheriff. constable or other employee whose duties in whole or in part include
assignments which involve the seizure and taking into custody of any animal.
Animal rescuer means any individual 'Nho routinely obtains an unwanted dog or
cat and who locates within 90 days an adoptive home for that spayed or neutered
dog or cat; provided, however, an interim, administrative extension may be
grantod by the animal control authority f-or a maximum of six months if a dog or
cat is pregnant, nursing, or injured and that condition is verified by a vetorinarian.
Cattery means a place where four or more adult cats are kopt, whether by
owners of the cats or by persons providing facilities and care, whether or not for
compensation, but not including small animal hospital, clinic or pet shop. An adult
cat is one of either sex, altered or unaltered, that has reached the age of six
months.
Grooming service means any place or establishment, public or private, where
animals are bathed, clipped or combed for the purpose of enhancing their
aesthetic value and/or health and for which a f-ce is charged.
Hobby cattery means a noncommercial cattery at or adjoining a private residence
'Nhere four or more adult cats are bred or kept f-or exhibition for organized shows
ORD#
,PAGE 9
or for the enjoyment of the species provided, hO'.vever, :J combin3tion hobby
c3ttery/kennellicense m3Y be issued 'I.'hore the tOt3' number of cats 3nd dogs
exceeds the number 3110'Ned in PAlCC 9 186.
Hobby kennel me:Jns 3 noncommerci31 kennel 3t or :Jdjoining 3 priv:Jte residence
where four or more 3dult dogs 3re bred or kopt for hunting, tr:Jining 3nd exhibition
for org3nized shows, field, y.'Orking 3nd/or obedience tri3ls, or for enjoyment of
the species; provided, hO'l.'ever, :J combin3tion hobby c:Jttery/kennellicense may
be issued where the total number of cats 3nd dogs exceeds the number aIlO'.\'ed
in PNCC 9 169.1.
Juvenile me:Jns 3ny dog or C3t, 31tered or un:Jltered, th3t is under the 3ge of six
months.
Kennel sh3/1 me:Jn :J pl3ce 'Nhere four or more adult dogs 3re kept, whether by
owners of the dogs or by persons providing bcilities 3nd C3re whether or not for
compens3tion, but not including :J sm311 3nim:J1 hospit31 or clinic or pet shop. An
adult dog is one of either sex, altered or unaltered, th3t has re3ched the age of
six months.
Livestock me3ns c3ttle, hogs, sheop, goats, horses, lIam3s 3nd other I3rge
gr3zing 3nim3ls, but does not include sm311, wild or pred3tory anim3ls, 3S defined
in King County Code Section 21.04.510 21A.06.065.
Owner sh311 mean 3ny person having an interest or right of possession to 3n
animal or 3ny person having control, custody or possession of 3n 3nimal, or by
reason of the 3nim31 being seen residing consistently at a loc3tion, shall be
presumed to be the owner.
Pet shop sh311 me::m 3ny person, est3blishment, store or department of any store
that acquires live anim3ls, including birds, reptiles, fowl 3nd fish, :Jnd sells, or
offers to sell or rent such live 3nimals to the public or to rotail outlets.
Service anim31 means any animal, 'Nhich is trained or being trained to aide 3
person ...:ho is blind, hearing impaired, or otherwise disabled :Jnd is used for that
purpose and is registered 'Nith a recognized service animal organization.
Sheltor sh311 mean 3 bcility which is used to house or contain stray, homoless,
abandoned or unw3nted 3nima's :Jnd which is owned, operated or m3intained by
a public body, an established humane society, 3nim31 welfare society, society for
the prevention of cruelty to 3nimals, or other nonprofit organiz3tion devoted to
the wolbre, protection and humane treatment of animals.
Spoci31 hobby kennel license moans a Iiconse issuod to pet ownors under cert3in
conditions, '.vho do not meet the requirements for 3 hobby kennel license, to
3110\\1 them to retain only those specific dogs and C3tS then in their possession
until such time as tho death or tr3nsfer of such animals reduces the number they
possess to the 'og31limit set forth in this chapter.
(Ord. No. 90 30, 9 2(C), (0), (H), (J), (K), (M), (P), (R), 2 13 90; Ord. No. 92 153,
9 2, 11 17 92)
SECTION 7. Chapter 9, Article IV, Section 9-186 of the Federal Way City
Code shall be amended to read as follows:
9-186 Hobby kennels and/or hobby cattery.
ORD#
, PAGE 10
(al) Limitation on number of dogs and cats allowed. The total number of dogs
and cats over six months of age kept by a hobby kennel and/or hobby cattery
based on the following guidelines:
(-1-,g) Animal size;
(2h) Type and characteristics of the breed;
(J,Q) The amount of lot area; provided, that the maximum number shall not
exceed 25 where the lot area contains five acres or more; the maximum number
shall not exceed 10 where the lot area contains 35,000 square feet but less than
five acres and the maximum number shall not exceed five where the lot area is
less than 35,000 square feet;
(4Q) The facility specifications/dimensions in which the dogs and cats are
to be maintained;
(~) The zoning classification in which the hobby kennel and/or hobby
cattery would be maintained.
(b2) Limitation on reproduction. The hobby kennel and/or hobby cattery shall
limit dog and cat reproduction to no more than one litter per license year per
female dog and two litters per license year per female cat.
(6~) Limitation on advertising. The hobby kennel and/or hobby cattery shall
not have signs, displays or other visual representations not already permitted in
the zone.
(fi1) Immunization. Each dog and cat in the hobby kennel and/or hobby
cattery shall have current and proper immunization from disease according to the
dog's and eat's species and age. Such shall consist of DHLPP inoculation for
dogs over three months of age and FVRCP for cats over two months of age, and
rabies inoculations for all dogs and cats over six months of age.
(e,Q) License issuance and maintenance. Only when the director is satisfied
that the requirements of King County Code Section 11.04.060(C)(1) through (5)
have been met, a hobby kennel and/or hobby cattery license may be issued. The
license will continue in full force throughout the license year unless, at any time,
the hobby kennel and/or hobby cattery is maintained in such a manner as to:
(-1-,g) Exceed the number of dogs and cats allowed at the hobby kennel
and/or hobby cattery by the animal control authority.
(2h) Fail to comply with any of the requirements of King County Code
Section 11.04.060(C)(1) through (5).
(fQ) Compliance. All hobby kennel and hobby catteries shall comply with the
provisions of FWCC 9400156, 9 186 through 9-49Q192.
(Ord. No. 90-30, 910(B)-(G), 2-13-90; Ord. No. 92-153, 912(B)-(G), 11-17-
92)
SECTION 8. Chapter 18, Article II, Section 18-51 of the Federal Way City
Code shall be amended to read as follows:
16-44 Variance procedures.
(al) All applications for variances from the foregoing underground
requirements shall be processed using process III procedure as set out in FWCC
22-386 et seq., with the exception that all references to "planning department"
ORD#
,PAGE 11
contained within FWCC 22-386 et seq. shall be substituted with "public works
department," and all references to "planning official" in FWCC 22-386 et seq.
shall be substituted with "public works director." The criteria for granting a
variance shall be as set out in subsection (b~J of this section.
(b~J Underground requirements shall be waived or modified by a variance
only if the owner of electrical or communication facilities or the user thereof, or
any other affected person can demonstrate that it would be an undue hardship to
construct such facilities underground. The term "undue hardship" shall mean
either:
(4-9,) The installation would be technologically unfeasible; or
(2Q) The cost of the underground construction outweighs the general
welfare consideration in requiring underground construction.
(Ord. No. 91-90, 9 6, 3-19-91)
SECTION 9. Chapter 18, Article II, Section 18-51 of the Federal Way City
Code shall be amended to read as follows:
18-51 Administrative appeals.
(a) Any interested party may appeal to the hearing examiner a threshold
determination, or the adequacy of a final environmental impact statement and
conditioning or denial of an action. The appeal shall be conducted under the
provisions of process IV, FWCC 22-431 et seq.; provided, that the notice
distribution requirements of FWCC 22-436~(2)(b) shall be replaced with the
notice distribution requirements of FWCC 18-49(a) - (f).
(b) Appeal procedures shall be conducted under the provisions of WAC
197-11-680(3). Appeals are subject to the restrictions in RCW 36.708.050 and
36.708.060 that local governments provide no more than one open record
hearing and one closed record appeal for permit decisions.
(c) All appeals filed under this section must be filed in writing with the city
clerk within 14 calendar days of the date of the decision appealed or the
conclusion of the comment period or completion of the giving of required notices,
whichever is longer. All appeals shall contain a specific statement of reasons why
the decision of the responsible official is alleged to be in error.
(d) All relevant evidence shall be received during the appeal and the
decision shall be made de novo. The determination by the city's responsible
official shall carry substantial weight in any appeal proceeding.
(e) The decision of the hearing examiner on an appeal filed under this
section shall be final.
(f) Appeals of the hearing examiner's final decision shall first be to the city
council as provided in process IV, FWCC 22-431 et seq.
(g) For any appeal under this section, the city shall provide for a record
that shall consist of the following:
(1) Findings and conclusions;
(2) Testimony under oath; and
(3) A taped or written transcript.
(h) Upon filing an appeal to the city councilor a judicial appeal, any
ORD#
,PAGE 12
certified copies or written transcripts required for such shall be prepared by the
city at the expense of the appellant, subject to possible reimbursement of
transcript preparation costs as provided in FWCC 22-446.
(Ord. No. 90-40, ~ 1 (20.240.1 0 - 20.240.70), 2-27-90; Ord. No. 92-133, ~ 4, 4-
21-92; Ord. No. 93-185, ~ 1,8-17-93; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 04-
468, ~ 3, 11-16-04)
SECTION 10. Chapter 22, Article II, Section 22-32.2 of the Federal Way
City Code shall be amended to read as follows:
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:
fa}. There is no change of use.
fb}. There is no reduction in the amount of required landscaping, buffering,
open space, or public areas.
fc}. There is no material change or reduction in the amount of required
parking.
fe}. There is no material change in the location of utilities, easements, or
pedestrian connections.
if}. There is no material change to the approved architectural design.
{g}. 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 providod abovo in F'NCC
22 32.2(a) in subsection 1 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 under process III, unless process
IV is indicated bv idontified in the applicable use zone chart in which case
process IV shall be used.
(Ord. No. 97-291, ~ 3, 4-1-97)
SECTION 11. Chapter 22, Article IV.S, Section 22-351 of the Federal Way
City Code shall be amended to read as follows:
22-351 . Generally.
Various places of this chapter indicate that certain developments, activities, or
uses are permitted only if approved using process I. Under process I, the director
of community development services, is authorized to make administrative
decisions based on certain criteria as set forth in this article or chapter. Any
process I application not categorically exempt from the State Environmental
ORD#
,PAGE 13
Policy Act, Chapter 43.21C RCW, shall be reviewed pursuant to the procedural
requirements of process III of this chapter. Any appeals of the director's decision
under this article may be appealed to the city's hearing examiner as provided for
in this article.
(Ord. No. 97-291, 93,4-1-97; Ord.No. 00-375, 910,10-3-00)
SECTION 12. Chapter 22, Article IV.B, Section 22-353 of the Federal Way
City Code shall be amended to read as follows:
22-353 Applications.
(a1) Who may apply. Any person, personally or through an agent, may make
application for a process I land use decision.
(92.) How to apply. The applicant shall file a completed master land use
application. Accompanying the application shall be a written response to the
decisional criteria as set forth in this chapter for a particular use or activity, and
information required by FWCC 22~33.
(6~) Fee. With the application, the applicant shall submit the fee established
by the city. The application shall not be accepted unless it is accompanied by the
required fee.
(fi1) Director authority. The director of community development services may
modify the submittal requirements as deemed appropriate.
(e,Q) Routing of application. An application for an administrative decision shall
be routed to the director of community development services. The director may
route for comment an application to other staff members or departments.
(6) Completeness.
(a) Within 28 calendar days of receivinq an application, the city must
determine whether the application is complete. The city will apply FWCC 22-33 to
determine completeness. If the city deems the application to be complete, a letter
of completeness must be issued prior to the 28-day deadline. If the city
determines the application to be incomplete, the city shall notify the applicant of
what needs to be submitted for a complete application. In this written
determination, the city shall also identify, to the extent known to the city. the other
aqencies of local. state. or federal qovernment that may have iurisdiction over
some aspect of the proposed development activity. An application shall be
deemed complete under this section if the city does not provide a written
determination to the applicant as required in this paraqraph.
(b) Within 14 days after an applicant has submitted the additional
information identified by the city as beinq necessary for a complete application.
the city shall notify the applicant whether the application is complete or whether
additional information is necessary.
(c) Additional information. A determination of completeness shall not
preclude the city from requestinq additional information or studies, either at the
time of the letter of completeness or subsequently. if new information is required
or substantial chanqes in the proposed action occur.
(Ord. No. 97-291,93,4-1-97; Ord. No. 00-375,9 10, 10-3-00)
ORD#
,PAGE 14
SECTION 13. Chapter 22, Article IV.B, Section 22-354 of the Federal Way
City Code shall be amended to read as follows:
22-354 Notice of administrative decision.
The director of community development services shall mail in a timely
manner a copy of his or her decision to the applicant.1aOO any person who
submitted comments on the application, and any person who has requested a
copy. No other notice is required. (Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 00-
375, ~ 10, 10-3-00)
SECTION 14. Chapter 22, Article IV.B, Section 22-355 of the Federal Way
City Code shall be amended to read as follows:
22-355 Appeals.
(ai) Who may appeal. The decision of the director of community development .
services may be appealed by the applicant. any person who submitted written
comments or information. or any person who has specifically requested a copy of
the decision. The applic~mt and any person who roceived notice of the
administrative decision under F\^!CC 22 354 may appeal the administrative
decision.
(b~) How and when to appeal. The appeal, in the form of a letter of appeal,
must be delivered to the department of community development services within
14 calendar days after issuance of the decision of the director of community
development services. The letter of appeal must contain:
(+f!) A statement identifying the decision being appealed, along with a
copy of the decision;
(2!;!) A statement of the alleged errors in the director's decision, including
identification of specific factual findings and conclusions of the director of
community development services disputed by the person filing the appeal; and
(J~) The appellant's name, address, telephone number and fax number,
and any other information to facilitate communications with the appellant.
(6~) Fees. The person filing the appeal shall include, with the letter of appeal,
the fee as established by the city. The appeal will not be accepted unless it is
accompanied by the required fee.
(fJ1) Appeal process. Appeals of an administrative decision will be
reviewed and decided upon using the process for appeals outlined in Article VI,
Process III Review - Project Approval, of this chapter.
(Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 00-375, ~ 10, 10-3-00; Ord. No. 01-399, ~
3, 8-7-01)
SECTION 15. Chapter 22, Article V, Section 22-361 of the Federal Way
City Code shall be amended to read as follows:
22-361 Administration.
Various places of this chapter indicate that certain developments, activities or
uses are permitted only if approved using process II. This article describes
ORD#
,PAGElS
process II. In addition, all commercial, office and industrial development
applications subject to the provisions of this article, including applications for
remodeling and expansion of an existing use, shall also meet the requirements of
Article XIX, Community Design Guidelines, of this chapter. Under process II, the
director of community development services will make the initial land use
decision and the decision on the community design guidelines. Appeals of both
decisions will be decided by the hearing examiner after a public hearing.
Process II applications are exempt from the procedural requirements set forth in
RCW 36.708.060 and 36.708.110 through 36.708.130. Any process II
application not categorically exempt from the State Environmental Policy Act,
Chapter 43.21C RCW, shall be reviewed pursuant to tho procedural
requirements of process III of this chapter.
(Ord. No. 90-43, ~ 2(175.10(1)),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97)
SECTION 16. A new section shall be added to Chapter 22, Article V, of
the Federal Way City Code to read as follows:
22-362 Applications.
(1) Who may apply. Any person. personally or throuah an aaent. may make
application for a process I land use decision.
(2) How to apply. The applicant shall file a completed master land use
application. Accompanyina the application shall be a written response to the
decisional criteria as set forth in this chapter for a particular use or activity. and
information required by FWCC 22-33.
(3) Fee. With the application. the applicant shall submit the fee established by
the city. The application shall not be accepted unless it is accompanied by the
required fee.
(4) Director authority. The director of community development services may
modify the submittal requirements as deemed appropriate.
(5) Routina of application. An application for an administrative decision shall
be routed to the director of community development services. The director may
route for comment an application to other staff members or departments.
(6) Completeness.
(a) Within 28 calendar days of receivina an application. the city must
determine whether the application is complete. The city will apply FWCC 22-33 to
determine completeness. If the city deems the application to be complete. a letter
of completeness must be issued prior to the 28-day deadline. If the city
determines the application to be incomplete. the city shall notify the applicant of
what needs to be submitted for a complete application. In this written
determination. the city shall also identify. to the extent known to the city. the other
aaencies of local. state. or federal aovernment that may have iurisdiction over
some aspect of the proposed development activity. An application shall be
deemed complete under this section if the city does not provide a written
determination to the applicant as required in this paraaraph.
(b) Within 14 days after an applicant has submitted the additional
information identified by the city as beina necessary for a complete application.
ORD#
,PAGE 16
the city shall notify the applicant whether the application is complete or whether
additional information is necessary.
(c) Additional information. A determination of completeness shall not
preclude the city from requestinq additional information or studies, either at the
time of the letter of completeness or subsequently, if new information is required
or substantial chanqes in the proposed action occur.
SECTION 17. Chapter 22, Article V, Section 22-365 of the Federal Way
City Code shall be amended to read as follows:
22-365 Site plan and community design guidelines approval criteria.
(a1) Applicability. The director of community development services may
approve an application for site plan review and community design guideline
review if it is consistent with the following sets of decisional criteria:
(b~) Site plan criteria.
(-1-g) It is consistent with the comprehensive plan;
(2h) It is consistent with all applicable provisions of this chapter;
(~) It is consistent with the public health, safety, and welfare;
(4Q) The streets and utilities in the area of the subject property are
adequate to serve the anticipated demand from the proposal; and
(a~) The proposed access to the subject property is at the optimal location
and configuration for access.
(6~) Community design guideline decisional criteria.
(1) It is consistent with site design standards set forth in FWCC 22-1634
for all zoning districts;
(2) It is consistent with applicable supplemental guidelines set forth in
FWCC 22-1638; and
(3) For development applications for remodeling or expansion of an
existing development, it is consistent with those provisions of Article XIX,
Community Design Guidelines, identified by the director of community
development services as being applicable.
(Ord. No. 90-43, ~ 2(175.10(4)),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97)
SECTION 18. Chapter 22, Article V, Section 22-367 of the Federal Way
City Code shall be amended to read as follows:
22-367 Authority.
(a1) Site plan review conducted under this article will form the basis of any
modifications to any permits or approvals issued by the city for the proposal. In
this regard, the person or persons conducting the site plan review is hereby
authorized to require modifications to the proposal consistent with the criteria
contained in FWCC 22-364 and the administrative guidelines, if any, adopted
under FWCC 22-36aQ.
(e~) The director of community development services shall integrate his or
her decision and findings for site plan and community design guideline review
into a single decision. A copy of the decision shall be mailed to the applicant, any
ORD#
,PAGE 17
person who submitted written comments, or any person who specifically
requested a copy of the director's decision.
(Ord. No. 90-43, ~ 2 (175.10(6), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97)
SECTION 19. Chapter 22, Article V, Section 22-368 of the Federal Way
City Code shall be amended to read as follows:
22-368 Appeals.
The applicant, any person who submitted written comments~ or any person
who specifically requested a copy of the decision may appeal the site plan
approval or conditions of such approval and/or community design guideline
conditions to the city's hearing examiner using the provisions to appeal a
decision of the director of community development services at i!lprocess Will of
this chapter. The applicant, any person '....ho submitted written comments, or any
person '.vho specifically requested a copy of the director's decision may appeal a
Notwithstandino any contrary provisions of 22-406, the hearing examiner's
decision on an appeal under this section is the final decision of the city and may
be may be reviewed pursuant to Chapter 36.70C RCW in the Kino County
superior court. except that in cases involvino a site plan approval for a public
utility located in a BN (neighborhood business), BC (community business), or OP
(office park) zone the hearino examiner's decision is not the final decision of the
city and such decisions may be appealed to the city council pursuant to FWCC
22-446 through 22-456. Modifications required to bring the proposal into
compliance with this chapter or any other applicable laws are not appealable.
(Ord. No. 90-43, ~ 2(175.10(7),2-27-90; Ord. No. 97-291,93,4-1-97)
SECTION 20. Chapter 22, Article VI, Section 22-392 of the Federal Way
City Code shall be amended to read as follows:
22-392 Notice.
(al) Content. The director of community development services shall~ within 14
days of issuing a letter of completeness on the proposal, prepare a notice of
application containing the following information:
(-l~) The name of the applicant and, if applicable, the project name.
!Q1 The date of application, the date of the notice of completion for the
application, and the date of the notice of application.
(2~) The street address of the subject property or, if this is not available, a
locational description of the location of the property in non:legallanguage.
Except for notice published in a newspaper of general circulation in the city, the
notice must also include a vicinity map that identifies the subject property.
(3) The citation of the provision of this chapter describing the requested
decision and to the extent known by the city, any other permits which are not
included in tho application.
(4g) A brief description of the requested decision, includino a citation to
the provision of this chapter Qovernino the request, a list of the project permits
included in the application and, if applicable, a list of any studies requested. To
ORD#
,PAGE 18
the extent known by the city. the notice shall include any related permits which
are not included in the application.
(a~) A statement of the availability of the official file.
(e1) A statement of the right of any person to submit written comments to
the director of community development services regarding the application within
15 days of the date of the notice.
(7g) A statement that only the applicant. persons who submit written
comments to the director of community development servicesL-or persons who
specifically requests a copy of the original decision may appeal the director's
decision.
(3h) The identification of existing environmental documents that evaluate
the proposed project and the location where the application and any studies can
be reviewed.
(9D A statement of the preliminary determination, if one has been made at
the time of notice, of those development regulations thatwill be used for project
mitigation and of consistency as provided in RCW 36.708.040.
(G~,> Distribution. Within 14 calendar days of issuing the letter of
completeness, the director of community development services shall distribute
this notice of application as follows:
(-1-~) A copy of the notice of application will be published in the official daily
newspaper of the city.
(~Q) The notice of application will be conspicuously posted on or near the
subject property. At least one will be posted on or adjacent to every public right-
of-way providing primary vehicular access to any property that abuts the subject
property.
(3f) A copy of the notice will be posted on each of the official notification
boards of the city and public libraries located within the city.
(49.) For projects under this article which are located within, or are 300 feet
from, property zoned SE (suburban estates). RS (single-family residential), or
RM (multifamily), a copy of the notice will be mailed to the persons receiving the
property tax statements for all property within 300 feet of each boundary of the
subject property.
(Ord. No. 90-43, 92(145.30),2-27-90; Ord. No. 97-291, 9 3, 4-1-97; Ord. No. 01-
399,93, 8-7-01)
SECTION 21. Chapter 22, Article VI, Section 22-396 of the Federal Way
City Code shall be amended to read as follows:
22-396 Effect of the decision.
Upon a decision becominq final, the applicant may enqaqe in activity based
on the decision, provided applicable permits have been approved. Decisions
under this section shall become final subject to the following:
(1) An 3pplic3nt or other p3rty of record 'Nho may bo 3ggriovod by the
decision m3Y 3ppe31 tho decision 'A'ithin 11 d3Ys of tho issu3nce of the docision
by tho director of community dO\.'olopment consistent with the provisions of
PNCC 22 397 ot seq. If a written notice of appeal is received within the appeal
ORD#
,PAGE 19
period, the decision shall be referred to the hearing examiner and shall not
become final until the appeal process is complete and the city issues a final
decision. Upon issuanco of the final decision, the applic~mt may engage in
activity based on the decision, provided applicable permits have been approved.
(2) If no appeal is submitted within the 14 calendar day appeal period, the
preliminary approval decision shall become final on the first calendar day
following the expiration of the appeal period. Upon tho decision becoming final,
the applicant may engage in activity based on the decision, provided applicable
permits have boen approved.
(Ord. No. 90-43, ~ 2(145.50), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No.
00-375, ~ 12, 10-3-00)
Editor's note - Ordinance No. 97-291 , ~ 3, adopted April 1, 1997, deleted ~ 22-
396 and renumbered ~ 22-395 to be a new ~ 22-396. Formerly, such section
pertained to request for reconsideration and derived from Ord. No. 90-43, ~
2(145.55),2-27-90.
SECTION 22. Chapter 22, Article VI, Section 22-397 of the Federal Way
City Code shall be amended to read as follows:
22-397 Appeals.
(a!) Who may appeal. The decision of the director of community development
services related to either the land use approval or the community design
guidelines decision may be appealed by any person who is to receive a copy of
that decision under FWCC 22 395.the applicant, any person who submitted
written comments or information, or any person who has specifically requested a
copy of the decision.
(9.2) How and when to appeal. The appeal, in the form of a letter of appeal,
must be delivered to the department of community development services within
14 calendar days after issuance of the decision of the director of community
development services. The letter of appeal must contain:
(+~) A statement identifying the decision being appealed, along with a
copy of the decision;
(~Q) A statement of the alleged errors in the director's decision, including
identification of specific factual findings and conclusions of the director of
community development services disputed by the person filing the appeal; and
(3~) The appellant's name, address, telephone number and fax number,
and any other information to facilitate communications with the appellant.
(6~) Fees. The person filing the appeal shall include, with the letter of appeal,
the fee as established by the city. The appeal will not be accepted unless it is
accompanied by the required fee.
(~) Jurisdiction. Appeals from the decision of the director of community
development services will be heard by the hearing examiner.
(Ord. No. 90-43, ~ 2(145.60), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97)
SECTION 23 Chapter 22, Article VI, Section 22-406 of the Federal Way
City Code shall be amended to read as follows:
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,PAGE 20
22-406 Decision on appeal.
(a1) lrLGeneral. The hearing examiner shall consider all information and
comments within the scope of the appeal submitted by persons entitled to
participate in the appeal. The hearing examiner shall either affirm or change the
findings and conclusions of the director of community development services that
were appealed. Based on the hearing examiner's findings and conclusions, the
examiner shall eitAef affirm, reverse~ or modify the decision being appealed.
(b2) Issuance of written decision. Within 10 working days after the public
hearing, the hearing examiner shall issue a written decision on the appeal. Within
five working days after it is issued, the hearing examiner shall distribute the
decision as follows:
(-if!) A copy will be mailed to the applicant.
(2Q) A copy will be mailed to the person who filed the appeal.
(J,Q) A copy will be mailed to each person who participated in the appeal.
(4Q) A copy will be mailed to each person that specifically requested it.
(5g) A copy will be mailed to the King County assessor.
(G~) Effect. The decision by the hearing examiner is the final decision of the
city,. except where the proposed project that is the subject of the hearing
examiner's decision involves a school (FWCC 22-1 and 22-605), a community
recreation area (FWCC 22-1 and 22-607), a government facility (FWCC 22-1 and
22-610), a public utility (FWCC 22-1 and 22-609), or a public park (FWCC 22-1
and 22-611) located in a SE (suburban estates), RS (single-family residential), or
RM (multifamily) zone, or 'Nhero the hearing examiner'~ decision involves a
public utility (FVVCC 22 1 and 22 609) located in a BN (neighborhood business),
BC (community business), or OP (office park) zone, in which case the hearing
examiner's decision may be appealed to the city council in accordance with the
provisions of FWCC 22-446 through 22-456.
(Ord. No. 90-43,92(145.105),2-27-90; Ord. No. 97-291, 9 3, 4-1-97)
SECTION 24. Chapter 22, Article VI, Section 22-407 of the Federal Way
City Code shall be amended to read as follows:
22-407 Judicial review.
!f. +!he hearing examiner's decision affirming, modifying.L..or reversing the
director's decision denying an application under this article is the final decision of
the city, the hearing examiner's decision may be reviewed pursuant to G,Qhapter
36.70C RCW in the King County superior court. The land use petition must be
filed within 21 calendar days after issuance of the final land use decision of the
city.
(Ord. No. 90-43,92(145.110),2-27-90; Ord. No. 97-291,93,4-1-97)
SECTION 25. Chapter 22, Article VII, Section 22-436 of the Federal Way
City Code shall be amended to read as follows:
22-436 Notice.
ORD # , PAGE 21
(al) Contents. The director of community development services shall prepare
a-the followinq notice~ of each application containing the follO'.\'ing information:
(-1-g,) Notice of application. A notice of application shall contain:
a-ill The name of the applicant and, if applicable, the project name.
illl. The date of application, the date of the notice of completion for
the application, and the date of the notice of application.
!h(iii) The street address of the subject property or, if this is not
available, a locational description of the location of the property in non:legal
language. Except for notice published in a newspaper of general circulation in the
city, the notice must also include a vicinity map that identifies the subject
property.
c. The citation of the provision of this chapter describing the
applied for decision and to the extent known by the city, any other permits which
are not included in the application.
(aiv) A brief description of the requested decision, includinq a
citation to the provision of this chapter qoverninq the request, a list of the project
permits included in the application and, if applicable, a list of any studies
requested. To the extent known by the city. the notice shall include any other
permits which are not included in the application.
e-:{y} A statement of the availability of the official file.
Hvi) A statement of the right of any person to submit written
comments to city staff or the hearing examiner and to appear at the public
hearing of the hearing examiner to give comments orally.
€J-;(vii) The identification of existing environmental documents that
evaluate the proposed project and the location where the application and any
studies can be reviewed.
th(viii) A statement of the preliminary determination, if one has been
made at the time of notice, of those development regulations that will be used for
project mitigation and of consistency as provided in RCW 36.708.040.
(~Q) Notice of public hearing. In addition to the information specified in
subsections (1 )(a) through (1 )(f) of this section the notice of application, the
notice of public hearing shall include the following:
a-ill The Ggate, time, and place of the public hearing.
!hill} A statement of the right of any person to submit written
comments to the hearing examiner and to appear at the public hearing of the
hearing examiner to give comments orally and the right to request a copy of the
decision once made.
&-(iii) A statement that only the applicant. persons who submit
written or oral comments to the hearing examiner. or persons who specifically
request a copy of the written decision may appeal may appeal the hearing
examiner's decision.
(92) Distribution. The director of community development services shall
distribute these notices as follows:
(-1-g,) Notice of application. Within 14 calendar days of issuing the letter of
completeness, the director of community development services shall distribute
the notice of application as follows:
ORD#
, PAGE 22
a-ill A copy of the notice of application will be published in a
newspaper of general circulation in the city;
b-:@ At least three copies of the notice of application will
conspicuously posted on or near the subject property. Of these, at least one will
be posted on or adjacent to every public right-of-way providing primary vehicular
access to any property that abuts the subject property;
6-:(iii) A copy of the notice will be posted on each of the official
notification boards of the city and public libraries within the city;
€h(iv) A copy will be mailed to the persons receiving the property tax
statements for all property within 300 feet of each boundary of the subject
property.
(~Q) Notice of public hearing. The director of community development
services shall distribute the notice of public hearing at least 14 calendar days
before the hearing as follows:
a-ill A copy will be mailed to the persons receiving the property tax
statements for all property within 300 feet of each boundary of the subject
property;
b-:@ A copy will be published in a newspaper of general circulation
of the city;
6-:(iii) A copy will be posted on each of the official notification boards
of the city and public libraries within the city.
(6~) Public notification sign. The applicant shall erect at least one public
notification sign which complies with standards developed by the department of
community development services. This sign shall be located on or near the
subject property facing the right-of-way or vehicle access easement or tract
providing direct vehicle access to the subject property. The director of community
development services may require the placement of additional public notice signs
on or near the subject property if he or she determines that this is appropriate to
provide notice to the public.
(Ef1.) Timing for signs. The public notification sign or signs must be in place
within 14 calendar days of issuing the letter of completeness and removed within
seven calendar days after the final decision of the city on the matter.
(Ord. No. 90-43, S 2(150.30),2-27-90; Ord. No. 92-133, S 3(150.30), 4-21-92;
Ord. No. 97-291, S 3, 4-1-97; Ord. No. 01-399, S 3, 8-7-01)
SECTION 26. Chapter 22, Article VII, Section 22-446 of the Federal Way
City Code shall be amended to read as follows:
22-446 Effect of the decision.
Upon a decision becominQ final. the applicant may enQaQe in activity based
on the decision, provided applicable permits have been approved. Decisions
under this section sh311 become final subject to the following:
(1) An applic3nt or other party of record who may be aggrioved by the
decision m3Y 3ppe31 tho decision within 1'1 d3Ys of tho issu3nce of tho docision
by the director of community development consistent 'Nith tho provisions of
F\^lCC 22 397 et soq. If a written notice of appeal is received within the appeal
ORD#
,PAGE 23
period, the decision shall be referred to the hearing examiner and shall not
become final until the appeal process is complete and the city issues a final
decision. Upon issuance of the fin31 docision, the 3pplic3nt m3Y eng3ge in
activity b3sed on the decision, provided 3pplicable permits h3ve beon 3pproved.
(2) If no appeal is submitted within the 14 calendar day appeal period, the
preliminary 3pproval decision shall become final on the first calendar day
following the expiration of the appeal period. Upon the decision becoming fin31,
the 3pplic3nt may engage in 3ctivity based on the decision, provided applic3ble
permits have been 3pproved.
(Ord. No. 90-43, 9 2(150.70),2-27-90; Ord. No. 92-133,93(150.70),4-21-92;
Ord. No. 97-291,93,4-1-97; Ord. No. 00-375, 915,10-3-00)
SECTION 27. Chapter 22, Article VII, Section 22-447 ofthe Federal Way
City Code shall be amended to read as follows:
22-447 Appeals.
(a1) Who may appeal. The decisions of the hearing examiner may be
appealed by any person who is to receive 3 copy of th3t decision under F\^!CC
22 113. the applicant, persons who submit written or oral comments to the
hearinQ examiner, or persons who specifically request a COpy of the written
decision.
(b2'> How and when to appeal. The appeal, in the form of a letter of appeal,
must be delivered to the department of community development services within
14 calendar days after the issuance of the hearing examiner's decision. The
letter of appeal must contain:
(~9.) A statement identifying the decision being appealed, along with a
copy of the decision;
(2Q) A statement of the alleged errors in the hearing examiner's decision,
including specific factual findings and conclusions of the hearing examiner
disputed by the person filing the appeal; and
(~~) The appellant's name, address, telephone number and fax number,
and any other information to facilitate communications with the appellant.
(6~) Fee. The person filing the appeal shall include, with the letter of appeal,
the fee established by the city. .
(~9.) In addition to the appeal fee, the appellant shall pay an amount
sufficient to cover the cost of preparing the written transcript of the hearing
examiner hearing, at the cost of $16.00 per hour.
(2Q) In lieu of payment of the transcript preparation costs, the appellant
may choose to prepare the transcript from tapes of the hearing provided by the
city, at appellant's sole cost. The prepared transcript shall be submitted to the
city hearing examiner secretary for distribution no later than 20 days prior to the
date of the hearing on appeal, and shall be accompanied by an affidavit or
certification by the appellant as to the accuracy and completeness of the
transcript.
(~~) The appeal will not be accepted unless it is accompanied by the
required fee and appropriate costs.
ORD#
,PAGE 24
(4g) The cost of the transcript shall be refunded to the appellant if the
appellant substantially prevails on appeal. The city council shall decide whether
appellant substantially prevailed on appeal and that decision shall be final. The
transcript refund shall be limited to actual costs of transcript preparation as
follows:
a-ill City staff preparation. Hourly cost of preparation.
b-:{ill Appellant preparation from tapes. Actual costs as shown by
certified receipt or other evidence sufficient to the city.
(91) Jurisdiction. Appeals from the decision of the hearing examiner will be
heard by city council.
(Ord. No. 90-43, ~ 2(150.80),2-27-90; Ord. No. 92-133, ~ 3(150.80), 4-21-92;
Ord. No. 97-291, ~ 3,4-1-97)
SECTION 28. Chapter 22, Article VII, Section 22-449 of the Federal Way
City Code shall be amended to read as follows:
22-449 Participation in the appeal.
Only those persons entitled to appeal the decision under FWCC 22-446447
may participate in either or both of the following ways:
(1) By submitting written comments to the department of community
development prior to the hearing or to the city council at the hearing.
(2) By appearing in person, or through a representative, at the hearing and
making oral comments directly to the city council. The council may reasonably
limit the extent of the oral comments to facilitate the orderly and timely conduct of
the hearing.
Ord. No. 90-43, ~ 2(150.90), 2-27-90; Ord. No. 92-133, ~ 3, 4-21-92; Ord. No.
97 -291 , ~ 3, 4-1-97)
Editor's note - Ordinance No. 97-291, ~ 3, adopted April 1 ,1997, deleted ~ 22-
449. Formerly, such section pertained to scope of the appeal and derived from
Ord. No. 90-43, ~ 2(150.95),2-27-90; Ord. No. 92-133, ~ 2, 4-21-92.
SECTION 29. Chapter 22, Article VIII, Section 22-481 of the Federal Way
City Code shall be amended to read as follows:
22-481 Notice.
(al) Content. The director of community development services shall~ within 14
days of issuing a letter of completeness on the proposal, prepare a notice of
application containing the following information:
(-1-~) The name of the applicant and, if applicable, the project name.
(Q} The date of application, the date of the notice of completion for the
application, and the date of the notice of application.
(~~) The street address of the subject property or, if this is not available, a
locational description of the location of the property in non:legallanguage.
Except for notice published in a newspaper of general circulation in the city, the
notice must also include a vicinity map that identifies the subject property.
(3) Tho cit3tion of the provision of this chaptor doscribing tho requostod
ORD#
,PAGE 25
decision and to the extent known by the city, 3ny other permits which 3re not
included in the 3pplic3tion.
(4Q) A brief description of the requested decision, includinq a citation to
the provision of this chapter qoverninq the request, a list of the project permits
included in the application and, if applicable, a list of any studies requested under
RCW 36.70A.440. To the extent known by the city, the notice shall include any
other permits which are not included in the application.
(~~) The date, time, and place of the public hearing.
(eD A statement of the availability of the official file.
(-7-g) A statement of the right of any person to submit written or oral
comments to the hearing examiner regarding the application.
(8) /\ st3tement th3t only persons who submit comments to the heming
eX3miner or specific311y request a copy of the origin31 decision m3Y 3ppe31 the
he3ring eX3miner's decision.
(9h) The identification of existing environmental documents that evaluate
the proposed project and the location where the application and any studies can
be reviewed.
(Wi) A statement of the preliminary determination, if one has been made
at the time of notice, of those development regulations that will be used for
project mitigation.
(92) Distribution. The director of community development services shall
distribute this notice at least 14 calendar days before the public hearing as
follows:
(4-g,) A copy will be sent to the persons receiving the property tax
statements for all property within 300 feet of each boundary of the subject
property.
(2!;!) A copy will be published in the newspaper of general circulation in the
city.
(J~) A copy will be posted on each of the official notification boards of the
city.
(6~) Public notification sign. The applicant shall erect at least one public
notification sign which complies with standards developed by the department of
community development services. This sign shall be located on or near the
subject property facing the right-of-way or vehicle access easement or tract
providing direct vehicle access to the subject property. The director of community
development services may require the placement of additional public notice signs
on or near the subject property if he or she determines that this is appropriate to
provide notice to the public.
(~) Timing. The public notification sign or signs must be in place at least 10
calendar days before the public hearing and removed within seven calendar days
after the final decision of the city on the matter.
(Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 99-337, ~ 2,3-2-99)
SECTION 30. Chapter 22, Article XI, Section 22-638 of the Federal Way
City Code shall be amended to read as set forth in Appendix A.
ORD#
,PAGE 26
SECTION 31. Chapter 22, Article XIII, Section 22-947 of the Federal Way
City Code shall be amended to read as follows:
22-947 Air quality regulations contamination as a public nuisance.
(a) State regulation. Air quality is regulated by the VVashington Clean Air Act,
Chapter 70.9"1 RC\^.'. !\ny inquiry, complaint or violation regarding air quality will
be referred to the Puget Sound I\ir Pollution Control Authority.
(b) Public nuisance. Any emission of air contaminants which annoys;
injures; endangers the comfort, repose, health or safety of persons; or in any way
renders persons insecure in life or in the use of property is a public nuisance, a
development requlation violation, and a violation of this chapter Code.
(Ord. No. 90-43, ~ 2(115.15), 2-27-90)
SECTION 32. Chapter 22, Article XIII, Section 22-948 of the Federal Way
City Code shall be amended to read as follows:
22-948 Erosion and sedimentation regulation.
It is a development requlation violation, and a violation of this chapter Code
for the owner of the subject property to create, allow or perpetuate conditions on
the subject property which cause the erosion or undermining of adjacent
property. It is also a development requlation violation, and a violation of this
chapter Code the owner of the subject property to create, allow or perpetuate a
condition which causes the deposition of sediments or the movement of other
geologic materials onto adjacent property.
(Ord. No. 90-43, ~ 2(115.35), 2-27-90)
SECTION 33. Chapter 22, Article XIII, Section 22-950 of the Federal Way
City Code shall be amended to read as follows:
22-950 Glare regulation.
Any artificial surface which produces glare which annoys; injures; endangers
the comfort, repose, health or safety of persons; or in any way renders persons
insecure in life or in the use of property is a public nuisance, a development
requlation violation, and a violation of this chapter Code. (See also PNCC 22
951 regarding lighting regulations.) (Soe also PNCC 22 95"1 regarding lighting
regulations. )
(Ord. No. 90-43, ~ 2(115.50),2-27-90)
SECTION 34. Chapter 22, Article XIII, Section 22-951 of the Federal Way
City Code shall be amended to read as follows:
22-951 Heat regulation.
Heat generated by any activity or operation on the subject property which
annoys, injures, endangers the comfort, repose, health or safety of persons; or in
any way renders persons insecure in life or in the use of property is a public
nuisance, a development requlation violation, and a violation of this chapter
ORD#
,PAGE 27
Code.
(Ord. No. 90-43, S 2(115.55), 2-27-90)
SECTION 35. Chapter 22, Article XIII, Section 22-958 of the Federal Way
City Code shall be amended to read as follows:
22-958 Odor.
Any odor which injures, endangers the comfort, repose, health or safety of
person on abutting properties or streets, or in any way renders persons insecure
in life or in the use of abutting properties or streets is a public nuisance, a
development requlation violation, and a violation of this chapter Code..
(Ord. No. 90-43, S 2(115.100), 2-27-90)
SECTION 36. Chapter 22, Article XIII, Section 22-959 of the Federal Way
City Code shall be amended to read as follows:
22 959 Radiation.
Ionizing radiation is defined and regulated by the state pursuant to Chapter 70.98
RC'.IV. /\ny complaint, inquiry or violation regarding ionizing radiation within the
city will be referred to the skite.
(Ord. No. 90 13, ~ 2(115.110),2 27 90)
SECTION 37. Chapter 22, Article XIII, Section 22-981 of the Federal Way
City Code shall be amended to read as follows:
22-981 Application of division.
This division establishes special regulations that govern the keeping of
animals in any zone where a dwelling unit is permitted. The keeping of animals is
permitted in any residential zone or other zone where a dwelling unit is permitted,
subject to the provisions of this division and the provisions of Chapter 4, Animals.
However, any provision of this division that is inconsistent with a specific
provision applicable to suburban estate zones does not apply in suburban estate
zones.
(Ord. No. 90-43, S 2(115.20(1 )),2-27-90; Ord. No. 02-424, S 3, 9-17-02)
SECTION 38. Chapter 22, Article XIII, Section 22-1071 of the Federal
Way City Code shall be amended to read as follows:
22 1071 Domestic animals.
F\^!CC 22 981 at seq., regarding animals in residential zones, shall be the
regulations for keoping animals in residential zones permitting home
occupations.
(Ord. No. 90 13, ~ 2(115.65(1 )), 2 27 90)
SECTION 39. Chapter 22, Article XIII, Section 22-1047 of the Federal
ORD#
,PAGE 28
Way City Code shall be amended to read as follows:
22-1047 Exceptions.
The following are excepted from the height limitations of this chapter:
(1) For detached dwelling units:
(a-:) Vents and chimneys may exceed the maximum height limit.
(b-:) Rod, wire, dish and other antennas, other than as specified in
subsection (3) of this section, may be placed above the maximum height if
approved using process II!. The city will approve the application if:
4--:ill Views across the subject property are not substantially impaired;
and
~ffi} The antenna must be placed above the roofline in order to
function properly.
(2) Except as specified in subsections (1) and (2~) of this section:
(a-:) Rooftop appurtenances may exceed the applicable height limitation by
a maximum of four feet, if the area of all appurtenances and screening does not
exceed 10 percent of the total area of the building footprint. These
appurtenances must be located in such a way as to minimize view blockage.
(b-:) Appurtenances that do not meet the standards of subsection (2)(a) of
this section may be permitted if the director of community development
determines that, based on accurate graphic representations provided by the
applicant, views from adjacent properties will not be significantly affected.
(c-:) ARY-8ppurtenance2, other than chimneys and antennas, must be
screened from all streets and nearby properties. See FWCC 22-960 for
requirements pertaining to rooftop screening.
(3) A radio tower and antenna structure for use by a noncommercial, licensed
amateur operator may be approved through process III, if the city determines
that:
(a-:) The radio tower and antenna structure is placed to minimize its
visibility from adjoining properties, while still permitting effective operation;
(b-:) The radio tower and antenna structure does not extend higher than
reasonably necessary to operate effectively; and
(c-:) The use of the antenna will not materially interfere with radio and
television reception on nearby properties.
In making its decision on the application, the city shall take into consideration
the strong federal interest in promoting amateur communications and the rules
adopted by the Federal Communications Commission regulating such facilities.
If the city approves the radio tower and antenna structure, it may impose
limitations to mitigate or eliminate any adverse impacts. This may include, but is
not limited to, requiring the use of a telescoping antenna, which would only be
extended during limited periods when the antenna is in use.
(Ord. No. 90-43, ~ 2(115.60(2)),2-27-90; Ord. No. 00-375, ~ 20, 10-3-00)
SECTION 40. Chapter 22, Article XIII, Section 22-1111 of the Federal
Way City Code shall be amended to read as follows:
ORD#
, PAGE 29
22-1111 Application of division.
This division est3blishos regul3tions 3pplic3blo to outdoor use, stor3ge 3nd
activity.
(Ord. No. 90 13, ~ 2(115.105(1)), 2 27 90)
SECTION 41. Chapter 22, Article XIII, Section 22-1112 of the Federal
Way City Code shall be amended to read as follows:
22-1112 Residential uses.
The purpose of this ch:Jptor is to est:Jblish st:Jnd:Jrds for outdoor residenti31 uses,
stor:Jge 3nd activities rebted to motor vehicles :Jnd non motorized vehicles.
These st3ndards :Jre intended to protect property v31ues by reducing visu:JI
blight, :Jid in emergency :Jccess :Jnd fire s3f-oty, guard :Jg:Jinst the creation of
rodent and pest h3rbor:Jge, and reduce the imp3ct on the natur31 environment
from the leaking of motor vehicle fluids.
Outdoor uses, storage and activities normally associated with a residential
use are permitted, unless otherwise regulated or prohibited by this chapter.
All motor vehicle and non:motorized vehicle parking and storage for residential
uses containing either detached or attached dwellings shall be in a garage,
carport or on an approved impervious surface. Non:motorized vehicles may
include but are not limited to travel and camp trailers, utility trailers, truck
campers, and boat or vehicle transport trailers. Any garage, carport or impervious
surface used for motor vehicle or non:motorized vehicle parking or storage shall
have direct driveway access. This section does not apply to residential lots
containing a detached dwelling unit where the total lot size is 20,000 square feet
or more. However, junked, wrecked, dismantled, or inoperable motor vehicles
must be stored in a completely enclosed building regardless of the size or zoning
designation of the lot.
(Ord. No. 90-43, 92(115.105(2)), 2-27-90; Ord. No. 99-341, 9 3, 5-4-99)
deleting 22-1131 and 22-1132 and merging language into 22-1133
SECTION 42. Chapter 22, Article XIII, Section 22-1131 of the Federal
Way City Code shall be amended to read as follows:
22 1131 Scope of division.
This division establishes what structures, improvements 3nd activitios m3Y be in
or t3ke pl3ce in required Y3rds 3S est3blished for e3ch use in e3ch zone by this
chapter.
(Ord. No. 90 13, ~ 2(115.115(1)),2 27 90)
SECTION 43. Chapter 22, Article XIII, Section 22-1132 of the Federal
Way City Code shall be amended to read as follows:
ORD#
, PAGE 30
22 1132 Exceptions and limitations in some zones.
This chapter contains specific regulations regarding what may be in or take place
in required yards in certain instances. VVhere applicable, those specific
regulations replace any inconsistent provisions of this division.
(Ord. No. 9043,92(115.115(2)),22790)
SECTION 44. Chapter 22, Article XIII, Section 22-1133 of the Federal
Way City Code shall be amended to read as follows:
22-1133 Structures and improvements.
This section establishes what structures and improvements may be in
required yards as established for each use in each zone by this chapter. To the
extent that specific. conflictinq requlations for required yards are found elsewhere
in this chapter. those requlations control over those found in this section.
No improvement or structure may be in a required yard except as follows:
(1) A driveway and/or parking area subject to the standards of FWCC 22-
1135.
(2) Any improvement or structure, other than a driveway and/or parking area,
that is not more than four inches above finished grade may be anywhere in a
required setback yard.
(3) An improvement or structure, that is not more than 18 inches above
finished grade may extend not more than five feet into' a required yard.
(4) Chimneys, bay windows, greenhouse windows, eaves, awnings and
similar elements of a structure that customarily extend beyond the exterior walls
of a structure may extend up to 18 inches into any required yard. The total
horizontal dimension of the elements that extend into a required yard, excluding
eaves, may not exceed 25 percent of the length of the facade of the structure
from which the elements extend.
(5) Fences and railings not over six feet in height may be located in required
yards subject to the fence regulations contained within this article.
(6) Rockeries and retaining walls may be located in required yards if:
{a-;-) The rockery or retaining wall is not being used as a direct structural
support for a major improvement; and
{b-;-) The rockeryor retaining wall is reasonably necessary to provide
support to a cut or slope.
(7) Signs may be located in required yards subject to provisions of FWCC 22-
1596 et seq.
(8) Covered walkways, no more than eight feet wide and 10 feet above
finished grade and open along the sides, are permitted in required yards in
commercial, office and industrial zones.
(9) In low and medium density residential zones, the applicant may, through
process III, request approval to locate a storage shed in a required yard, except a
required front yard. The city may approve the application if:
{a-;-) The proposed structure is no more than eight feet high above finished
grade;
ORD#
,PAGE 31
{b.,.) The maximum length of the facade of the proposed structure parallel
to each property line, from which the required yard is not provided, shall not
exceed 10 feet;
{c.,.) The proposed structure contains no more than 120 square feet in total
area;
fd.,.) No reasonable alternative location exists on the subject property due
to special circumstances regarding the size, shape, topography or location of the
subject property or the location for legally constructed pre-existing improvements
of the subject property; and
fe.,.) Permitting the intrusion onto the required yard will not create a
material, negative impact on the character of nearby residential uses.
(Ord. No. 90-43, ~ 2(115.115(3)), 2-27-90; Ord. No. 00-375, ~ 24, 2000)
SECTION 45. Chapter 22, Article XIII, Section 22-1134 of the Federal
Way City Code shall be amended to read as follows:
22 1134 Outdoor usos, activities and storage.
For regulations on outdoor uses, activities and storage, soo FWCC 22 1376 et
seq. (Ord. No. 90 13, ~ 2(115.115(1)), 2 27 90)
SECTION 46. Chapter 22, Article XIII, Section 22-1201 of the Federal
Way City Code shall be amended to read as follows:
22-1201 Discharaes as pPublic nuisances and violations.
In addition to the other requirements of this section, any discharge into water
or change in water quality which annoys; injures; endangers the comfort, repose,
health or safety of persons; or in any way renders persons insecure in life, or in
the use of property is a public nuisance, a development requlation violation, and
a violation of this chapter Code.
(Ord. No. 90-43, 9 2(115.150(6)), 2-27-90)
SECTION 47. Chapter 22, Article XVII, Section 22-1568 of the Federal
Way City Code shall be amended to read as follows:
22-1563 Landscape plan approval.
(al) No permit shall be issued to erect, construct or undertake any
development project without prior approval of a landscape plan by the
department of community development.
(b,2) Required landscape plans for all projects that are subject to tho site
plan review process as set forth in Article V of this chapter process I, II, III, or IV
shall be prepared by a Washington State licensed landscape architect.
(Ord. No. 93-170, ~ 4, 4-20-93)
SECTION 48. Chapter 22, Article XVII, Section 22-1568 of the Federal
Way City Code shall be amended to read as follows:
ORD#
,PAGE 32
22-1568 Significant trees.
(a1) Purpose. The purpose of this section is to:
(-i~) Regulate the removal of trees from property within the city in order to
preserve, protect and enhance a valuable natural resource;
(2-Q) Establish standards to limit the removal of and ensure the
replacement of trees sufficient to safeguard the ecological and aesthetic
environment of a community;
(~) Discourage the unnecessary clearing and disturbance of land so as to
preserve the natural and existing growth of vegetation; and
(4Q) Maintain a minimum number of significant trees.
(b~) Definition. A significant tree shall be defined as:
(4-,9,) At least +twelve inches in diameter or at least 37 inches in
circumference measured four and one-half feet above ground; aflG
(2-Q) In good health; and
(2-Q) 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 l1)aple.
.
~.'~\
ril
Fiqnre 10 - SeC. 22-~56~(b)
(6~) Standards.
(4-,9,) Retention required. Significant trees shall be retained on the subject
property to the maximum extent possible in all residential, commercial, industrial,
or institutional developments as follows:
&- ill.Jf the approved development on the subject property will require
the removal of more than 75 percent of the significant trees on the subject
property, significant trees shall be replaced in amount equal to 25 percent of the
significant trees which existed on the subject property prior to commencing any
development activity.
b-o illLAII significant trees located within any required perimeter
landscaping area shall be retained, provided that this requirement shall not apply
to commercial zoning districts.
ET.- iiliLSignificant trees required to be retained within on-site sensitive
areas can be used toward satisfying the 25 percent on-site significant tree
retention regulations.
,PAGE 33
ORD#
4f!yLAII significant trees located within required on-site recreation or
open spaces shall be retained, provided they do not conflict with on-site active
recreation areas.
e.,.lYL The significant tree retention requirements of this chapter shall
not apply to the city center zoning district.
f.: ML There shall be no cutting of significant trees without authorization
from the city for the purpose of preparing that site for future development.
~ 0LliL Up to one-half of the 25 percent significant tree replacement
requirement may be satisfied by planting larger trees in required landscape areas
such as landscape islands, buffers, and perimeter landscaped areas. Such trees
shall be a minimum 12 feet in height for evergreen and three and one-half-inch
caliper for deciduous or broadleaf trees. Example: 100 on-site significant trees
requires 25 to be retained or replaced. Applicant may plant 13 larger trees within
required landscape areas which meet size requirements mentioned above.
(2,Q) The applicant shall submit a tree retention plan concurrent with the
first permit application for that development. The tree retention plan shall consist
of the following:
a-{!LA tree surveyor cluster survey that identifies the location, size,
number and species of all significant trees on the site.
lh ffiLA development plan identifying the significant trees that are
proposed to be retained, removed, transplanted, or replaced, including a final
report on percentage retained.
(~~) Each retained significant tree not located within perimeter
landscaping may be credited as two trees for purposes of complying with the
retention requirements of subsection (c)(1 )3(3)(a)(1 ), provided the tree meets at
least one of the following criteria:
a-{lL The tree is located in a grouping of at least five trees with
canopies that touch or overlap; or
lh illl The tree provides energy savings through winter wind protection
or summer shading as a result of its location relative to proposed buildings; or
6-;- illlL The tree belongs to a unique or unusual species of native or
non-native tree not usually found locally.
(4Q) Where it is not feasible to retain required significant trees due to site
constraints including, but not limited to, topography, ingress/egress requirements,
existing and proposed utility locations, trails, storm drainage improvements, a site
specific tree plan, drawn to scale, shall be prepared. The tree plan shall show the
precise location of all significant trees on the site, in relation to the proposed
buildings, streets, parking areas, required landscaped areas, surface water
facilities, and utilities. The director of community development shall review the
plan in relation to the proposed development to ensure tree removal is the
minimum amount necessary to comply with the proposed development and meet
the purposes of this chapter.
(ag) When required significant trees cannot be retained (see subsection (f)
of this section), significant trees that are removed shall be replaced with:
a- !it Transplanted or retained on-site trees four-inch caliper or larger,
which meet the definition of significant tree in all manner except size, and
ORD#
,PAGE 34
approved by the community development director, based upon the director's
assessment of the location of the tree in relation to the proposed site
development; or
b.,. iliLNew evergreen trees that are a minimum 10 feet in height, or
deciduous trees that are a minimum three-inch caliper.
The number of replacement trees, combined with the number of retained
significant trees, shall equal 25 percent of the amount of on-site significant trees
which existed prior to development.
(ef) The following management practices shall be observed on sites
containing significant trees, to provide the best protection for significant trees:
a- .uLNo clearing shall be allowed on a proposed development site until
the tree retention and landscape plans have been approved by the city of Federal
Way; ,
b.,. ffiLA no disturbance area, which shall be defined to be to the drip
line of the significant tree, shall be identified during the construction stage with
either:
~ffi1 A temporary five-foot chain link fence.
~!ID A line of five-foot high, orange-colored two-by-four inch stakes
placed no more than ten feet apart connected by highly visible surveyor's ribbon;
G: ililLNo impervious surfaces, fill, excavation, or storage of
construction materials shall be permitted within the no disturbance area;
€h lliLlf the grade level around the tree is to be raised by more than
one foot, a rock well shall be constructed. The inside diameter of the rock well
shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and
irrigation if necessary, shall be provided in all rock wells;
e,. M.. The grade level shall not be lowered within the larger of the two
areas defined as follows:
~(A)The drip line of the tree(s); or
~!ID An area around the tree equal to one foot in diameter of each
inch of tree trunk diameter measured four feet above the ground;
h DdLAlternative protection methods may be used if accepted by the
director of community development department to provide equal or greater tree
protection;
~ !YliLEncroachment into the no disturbance area may be allowed
where the director determines encroachment would not be detrimental to the
health of the tree.
(Ord. No. 93-170, S 4,4-20-93)
SECTION 49. Chapter 22, Article XVIII, Section 22-1599 of the Federal
Way City Code shall be amended to read as set forth in Appendix B.
SECTION. 50. Chapter 22, Article XX, Section 22-1653 of the Federal Way
City Code shall be amended to read as follows:
22-1653 Exceptions.
ORD#
,PAGE 35
The following actions are exempt from the provisions of this article:
(1) Development proposals and permits listed in FWCC 22-31 m(b) and (c).
Preapplication conferences for such proposals and permits are optional. Optional
preapplication conferences will be scheduled by the director on a time-available
basis.
(2) Projects that are granted a written waiver by the director of community
development services based on the following procedure:
fa.,.) The applicant submits a written request to the director of community
development services for a waiver from the requirement to undergo a
preapplication conference based on one or more of the following criteria:
-hJU The simple nature of the proposal;
2-:Jill The project would be severely impacted by the preapplication
process due to time or financial constraints outside the control of the applicant;
a.:.Jili) The site has previously undergone preapplication, site plan or
other land use review for the same or similar development proposal and it is
unlikely further preapplication review will provide any benefit to the city or
applicant;
4dbd The director determines preapplication review is not in the best
interest of the city or applicant.
fb.,.) The applicant is advised in writing that waiver of preapplication review
increases the risk of the application being incomplete or that the processing time
will be increased.
I^' preapplication conference for any development proposal or permit listed in
FVVCC 22 31 (b) and (c) of this section is optional. Optional preapplication
conferences 'NiII be scheduled by the director on a time available basis.
(Ord. No. 97-291, S 3, 4-1-97)
SECTION 51. Chapter 2, Article IV, Section 2-336 of the Federal Way City
Code shall be amended to read as follows:
2-336 Disposition of confiscated and forfeited firearms.
fa) All firearms taken into the custody of the Federal 'Nay department of
public saf-etypolice department and no longer not needed for evidence shall be
disposed of as follows:
(1) Firearms illegal for any person to possess shall be destroyed.
(2) If subsection (1) does not apply. the police department may seek
iudicial forfeiture under RCW 9.41.098. or the department may comply with the
provisions of RCW 63.32.010 and either return the firearm to its owner or forfeit
the firearm if it is unclaimed. Antique firearms and firearms recognized as curios,
relics, and firearms of particular historical significance by the United States
Treasury Department Bureau of Alcohol and Tobacco, and firearms exempt from
destruction shall be disposed of in accordance with RCV\! 9.11.098(c), or
hereafter amended.
(3) Except as provided in subsection (4) AgJI GtRef firearms that are
judicially forfeited or forfeited due to a failure to make a claim under RCV'/
63.32.010 under subsection (2) shall be destroyed, except that SH6R firearms
ORD#
, PAGE 36
which meet the Federol VVoy deportment of public sofety police department's
standard for use may be retained and used by the department. (Ord. No. 00-376,
S 1, 11-7-00)
(4) Any forfeited antique firearms or firearms recoqnized as curios, relics,
and firearms of particular historical siqnificance by the United States treasury
department bureau of alcohol, tobacco, firearms and explosives, are exempt from
destruction shall be disposed of by auction or trade to licensed dealers.
(Ord. No. 00-376, S 1, 11-7-00)
SECTION 52. Findinqs.
Specifically as to sections that amend sections of Chapter 22, Zoning, the
City Council finds (1) the proposed amendments are consistent with the
applicable provisions of the comprehensive plan; (2) the proposed amendments
bear a substantial relation to public health, safety, or welfare; and (3) the
proposed amendments are in the best interest of the residents of the city.
SECTION 53. Severabilitv.
Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining portions of this chapter or its application to any other
person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 54. Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction
ORD#
,PAGE 37
of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
SECTION 55. Concurrent Leqislation. A currently pending ordinance,
Ordinance number _, An Ordinance Providing An Exception To Animal
Regulations For Police Dogs, amends FWCC 4-1 as does this one; changes
made to FWCC 4-1 in this ordinance are intended to be in addition to any
changes made by the other ordinance, this ordinance is not intended to repeal,
reenact, or modify portions of the section that are enacted, repealed, or modified
by the other ordinance. Another currently pending ordinance, Ordinance number
_' An Ordinance Amending The Name Of The Department Of Public Safety To
The Police Department, amends FWCC 2-336 as does this one; changes made
to FWCC 2-336 in this ordinance are intended to be in addition to any changes
made by the other ordinance, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by the
other ordinance.
SECTION 56. Ratification. Any act consistent with the authority and prior
to the effective date of this ordinance is hereby ratified and affirmed.
ORD#
,PAGE 38
SECTION 57. Effective Date. This ordinance shall take effect and be in
force five (5) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,200_"
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, LAURA HATHAWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
, PAGE 39
ORD#
APPENDIX A
22-638 Day Care facilities - Up to 50 attendees.
- - "--"'I'-!. -- --- -- ~ _ ....---- --- ... ........- ............,.,...- ..-.............J ...-.....--............-.... '''''--J ...............- ....-... --.. ..... .......- ...-0.......-..................... -.......- ......"'..-.... ....-.. ............................. ................ ....--..............
USE ZONE CHART
~ DIRECTIONS: FIRST, read down to find use. ., THEN, across for REGULATIONS
;Z;
0 Minimums Maximums
-
~ ~ Reouired Yards V> ZONE
-<
..l 8 ~ ~
;;I e ;2 & a RS
c"
~ 'O~ '" u '" 'Z~ 'O~
.~ ~.~ ! ~:r:= B ,~gf
g. 'S: ~ g ~ t;3 ~ .~ ~ 5- ~
USE ~~ .3 ~ Cii ~ .3 ::1!b5 ~~ SPECIAL REGULATIONS AND NOTES
Day care Process As If this eaR 75% 30 ft. I, Minimum lot size per dwelling unit is as follows:
facilities IV estab- aeeommeElate 59 or above a. In RS 35,0 zones, the minimum lot size is 35,000 sq. ft.
for 13 to 50 Ii shed more atteReees, tileR: average b, In RS 15,0 zones, the minimum lot size is 15,000 sq. ft.
attendees on the W4 IW-fh 1W4 building c, In RS 9,6 zones, the minimum lot size is 9,600 sq. ft.
zoning OtlleF\':ise: elevation d, In RS 7.2 zones, the minimum lot size.is 7,200 sq, ft.
map, 20ft. 20 ft. 20 ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq, ft.
See 2. This use may locate on the subject property only ifit will not be detrimental to the character of the neighborhood in which it is
note I located and:
a. It will serve the immediate area in which it is located; or
b, The subject property is adjacent to a collector or arterial right-of-way,
3. If the use will serve children, the subject property must contain an outdoor play area with at least 75 sq. ft. for each child using the
area at anyone time, This play area must be completely enclosed by a solid fence or other screen at least six ft. in height. Play
equipment and structured play areas may not be in required yards,
4, Hours of operation and maximum number of attendees may be limited by the city to reduce impacts on nearby residential uses.
5, The city may require an on-site passenger loading area, depending on the number and nature of attendees and the extent and nature
of existing street improvements,
6, Site design, including, the location of parking and passenger loading areas shall be designed to reduce impacts on nearby
residential uses,
7, If any portion of a structure on the subject property is within 100 ft, of a low density use, then either:
a, The height of that structure shall not exceed 15 ft, above average building elevation; or
b, The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft, in length.
8, May include accessory living facilities for one staff person.
9, This use must comply with the requirements of the State Department of Social and Health Services and/or the State Superintendent
of Public Instruction,
10, Refer to ~ 22-946 et seq, to determine what other provisions of this chapter may apply to the subject property.
II. Refer to Article XVII, Landscaping, for appropriate requirements,
12, For sign requirements that apply to the project, see Article XVIII.
13, For community design guidelines that apply to the project, see Article XIX,
I L For other infonnation aboUI parking and parking areas, see ~ 22-1376 el seq.
Process I, n. III and IV are described in
~~ 22-351 - 22-356,
22-361 - 22-370
22-386 - 22-411, For details of what may exceed this heighl limit, see ~ 22-1046 et seq.
22-431 - 22-460, respectively, For details re2arding reauired vards, see ~ 22-1131 el sea.
(Ord, No, 90-43, ~ 2(20.40), 2.27-90; Ord, No, 91-87, ~ 7, 2-5-91; Ord, No, 93.170, ~ 7(Exh. B), 4-20-93; Ord, No. 97-291, ~ 3, 4-1-97; Ord, No. 99.333, ~ 3,1-19.99)
ClDOCUME-llDefaultILOCALS- I\TempIXPgrpwiselAppendix A 22.638.doc
APPENDIX B
22-1599 Permits.
(aD Permit requirements. No sign governed by the provisions of this Code shall be erected,
moved, enlarged, altered or relocated by any person without a permit issued by the city unless
such sign is expressly excluded from this permitting requirement pursuant to subsection (M) of
this section. An applicant shall pay the permit fees set forth in the city's fee schedule. No new
permit is required for signs which have valid, existing permits and which conform with the
requirements of this Code on the date of its adoption unless and until the sign is altered or
relocated. Signs which, on the date of adoption of this Code, or date of annexation if located in
areas annexed to the city thereafter, do not conform with this Code's requirements may be
eligible for characterization as legal nonconforming signs under FWCC 22-335.
(b2) Permit applications. Applications for permits shall contain the name and address of the
owner and user of the sign, the name and address of the owner of the property on which the sign
is to be located, the location of the sign structure, drawings or photographs showing the design
and dimensions of the sign, details of the sign's proposed placement and such other pertinent
information as the administrator may require to ensure compliance with this Code.
(e~) Permit expiration and inspection. All sign permits expire one year from the date of
issuance. If no work was initiated to install or construct any part of the sign, the permit for such
sign expires six months from the date of issuance. All signs for which a permit was issued must
receive a final inspection for compliance with applicable requirements. It is the responsibility of
the applicant to provide access for inspection.
(~) Permit exceptions.
(-l-~) Maintenance and operation. A sign permit is not required for maintenance of a sign or
for operation of a changeable copy sign and/or an electronic changeable message sign.
(~Q) Exempt signs. A sign permit is not required for the following signs or modifications to
signs; proyided, however, that such signs shall comply with all of the following described
requirements:
a-:ill Address identification with numbers and letters not more than 10 inches in height.
b{ill Balloons no greater than 18 inches in diameter and no more than five balloons per
display with a tether no longer than 36 inches. No more than two displays are permitted per site.
&.-(iii) Barber poles.
d{iy} Construction signs, so long as such signs are limited to two signs per project and
each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs
shall not be displayed prior to issuance of a building permit and shall be removed prior to the
issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign
per site entrance is also permitted.
e-:(y} Directional signs, on-site. Each sign shall not exceed four square feet in sign area if
the directional sign is indicating one direction and shall not exceed eight square feet in sign area
if such sign is indicating more than one direction. Each sign may be no more than five feet in
height. No more than two signs per street frontage are permitted for multi-tenant complexes.
Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or
logos shall not comprise more than 20 percent of the total sign area.
f..(vi) Flags of any nation, government, educational institution, or noncommercial
organization. Decorative flags without corporate logos or other forms of advertising are also
excluded from permit requirements. All flags must be a minimum size of five square feet unless it
is a national or state flag and the official national or state flag is less than five square feet in size
but not larger than 40 square feet in size.
g-:(vii) Fuel price signs. Signs shall be located on the property where fuel is sold, shall be
limited to one monument sign per street frontage not exceeding five feet in height and sign area
shall not exceed 20 square feet per sign face.
l:l-lviii) Gravestones or other memorial displays associated with cemeteries or
mausoleums.
i{lli} Historical site plaques and signs integral to an historic building or site.
J-;W Holiday decorations displayed in conjunction with recognized holidays.
~(xi) Incidental signs attached to a structure or building, providing that the total of all
such signs per use or business shall not exceed two square feet.
h(xii) Instructional signs that do not exceed six square feet in area per sign face.
m:-(xiii) Integral design features when such features are an essential part of the
architecture of a building (including religious symbols) and when such features do not represent a
product service, or registered trademark.
n-lxiv) Integral signs when no more than one per building.
~ Interior signs located completely within a building or structure and not intended to
be visible from outside the structure, exclusive of window signs.
JT.(xvi) Menu board not to exceed 32 square feet per sign face and a maximum height of
five feet (two permitted per site).
.:r.(xvii) Nameplates not to exceed two square feet per sign face.
r.(xviii) Nonblinking small string lights which are part of decoration to be used in
association with landscaped areas and trees.
s-;(xix) Point of purchase displays. Point of purchase signs are limited to two square feet
in area and one sign per point of purchase. Such signs shall only display instructional or price
information and shall not include copy pertaining to any special sale or promotion. Point of
purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage
as authorized under Article II, Division 8 of this chapter.
Hxx) Political signs so long as the maximum area per sign is limited to six square feet.
No political sign shall be displayed later than seven calendar days after a final election.
tr.(xxi) Private advertising signs. The sign shall be limited to eight square feet per sign
face and five feet in height, the sign must be immediately removed at the end of an event, use or
condition, the sign must contain the address of the event or advertiser, and there shall be no more
than six such signs advertising an event.
:o,<;-(xxii) Private notice signs.
~xxiii) Real estate signs.
-l-:(A) Off-site. The number of off-site real estate signs shall be limited to 10 per
property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet
between such signs, except that signs may be placed less than 200 feet apart when necessary to
indicate a turn or change in direction of travel. The area of such signs shall be no greater than six
square feet per sign face. All off-site real estate signs must be removed each day at the conclusion
of the open house or other sales event and are permitted only between sunrise and sunset when
the seller or the agent are in attendance at the subject property.
;hall On-site. The number of on-site real estate signs shall be limited to one per agent
per street frontage or public entrance if no street frontage exists. For dwelling units, the area of
the sign shall be no greater than six square feet per sign face. For other uses and developments,
the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be
removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession.
*:(xxiv) Temporary business signs for temporary business defined by FWCC 9-386;
provided, however, that each licensed temporary business is only allowed two signs of 16 square
feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face.
y;(xxv) Under canopy signs not exceeding the width of the canopy and eight square feet
in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet
or more.
i3-:(xxvi) Warning signs.
~xxvii) Window signs not exceeding 25 percent of the window area only to advertise
products, goods or services for sale on site, business identification, hours of operation, address,
and emergency information.
blr.(xxviii) Signs on sports field fences not exceeding 32 square feet per sign that are
securely attached to the fence, are not protruding above the fence line, and are oriented to the
interior of the field.
(e~) Temporary and special signs. No permit for any sign for any civic event, community
service event, special sale/promotional event, grand openings, mural display or scoreboards shall
be issued unless such sign complies with the sign type, maximum number, maximum sign face
area, maximum height, location, duration and all other allowances and limitations for those uses
described in Table 1, "Allowances for Temporary and Special Signs - Permit Required."
(fQ) Government signs. The allowable type, number, sign area, height, location, and content of
signs used to identify government facilities in residential zones must comply with Table 2, "Sign
Allowances for Residential Zones - Permit Required." Signs for government facilities in
nonresidential zones must comply with the requirements of FWCC 22-1601. All signs must be
approved by the city. Street and traffic signs are excluded from these requirements.
(gl) Residential zone signs. No permit in any residential zone shall be issued for any sign
unless such sign complies with the sign type, maximum number, maximum sign area, maximum
height, location, duration and all other allowances and limitations for those uses described in
Table 2, "Sign Allowances for Residential Zones - Permit Required."
(h~) Sign registration. No person shall maintain a sign in the city without first having been
issued a proper and current sign registration or a sign inventory sticker, unless the sign is
expressly exempt from permit requirements. All signs exempt from the permitting requirements
set forth in this section shall be exempt from the registration requirements, or from having to
obtain a sign inventory sticker. However, exempt signs must still be reviewed to ensure
conformance with this article. A sign registration shall be valid until such time as the applicant
alters the sign in any way, in which case the applicant will be required to apply for a new sign
registration and sign permit. The city shall affix the registration sticker containing the registration
number to the permitted sign. For signs located in areas annexed to the city, the city will issue a
notice of determination as to whether the sign is in compliance with this Code, is a legal
nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this
Code.
(i2) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with
any aspect of this article.
Table 1
Allowances for Temporary and Special Signs - Permit Required
Sign 1
rurpose/ Applicable! Sign Type Maximum Maximum Maximum Location Remarks
. Description lones 1^1Iowed Number Sign Area Height
~ Civic event All ~ Wall- Handled Off-site Five feet meOn site 30 days
_ r community .,~unted ~ on a case-by- signs, except wall- d off site prior to the
n~~ent,--l
IRemove
lwithin five
ays of the
lose of the
vent
T-.--..........- ..............-,
,excluding wall-
Imounted
banners, may
~e no larger
~han six square
.~eet per face,
n-slte SignS
nd wall-
ounted
....~anners may be
o larger than
2 square feet
er face
The total
ign area of
reestanding
onument
signs shall not
xceed 64
quare feet for
he total of all
aces and no
ne face shall
xceed 32
quare feet.
all signs
hall not
xceed seven
ercent of the
exposed
uilding face to
hich it is
ttached
icase basis'
- 1b~nne~s:
~ernporary
portable signs,
inflatable
dvertising
evices, search
lights and'
eacons
~~~;~r:~~~tn r
I
1
ounted signs
;
!
!
I
i
!
,
I
I
,
-T
I
I
I
I
I
Monument
igns: six feet.
reestanding
igns: 12 feet.
all signs
shall not
roject above
he roofline
Non-
esidential
I
Freestanding'l 0
ne per
onument or .' t
all sign Sl e
Civic event
r community
ervice event
permanent)
All
Special
romotions:
o days total
er calendar
ear, No
ore than
our events
er year.
oes not
"nclude
indow signs
Grand
penings: 30
ays, Event
ust occur
"thin 60
ays of
ccupancy
On site.
anners
Handled on ust be
a case-by-case ttached to
aSls an exposed
uilding
face
l Handled
B"'n~' OnlY! n a """'Y-
Icase basis
I
Special sale/
romotional
vent (e.g.,
~nniversary
~ale, etc.)
I
Non-
esidential
oning
[mol,
Handled on
case-by-case
aSlS
Banners,
emporary
ortable signs,
, nflatable
advertising
evices, search
ights and
eacons
Handled Handled on
n a case-by- case-by-case
case basis asis
Grand
openings
asis
H dl d ! Handled
an e on
on a case-
a case-by-case
asis ! y-~ase
aslS
Handled on
case-by-case
aSls
Handled on
case-by-case
aSls
All
Table 2
Sign Allowances for Residential Zones - Permit Required
Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM)
SubdivisionSE, RS,
identification
r--
! Land Use
~nstitutional
! · Govt.
i facility
1 · Public park
I · Public
j utility
I · School
I
ecreation
. Golf course
. Recreation
area or
clubhouse
. Sports field
- Private,
non-
commercial
esidential
welling units
mall Lot RM
etached
ubdivision
evelopment
jCottage
IAP~~~:ble s~~o~~~el ~~~~:~I Ma:imum Sign Area T'M~::;.:m .I-Zocation [' Remarks '1
SE, RS, anOPY~One sign for !The total sign area of all and ubject Internally
ign ach public onument signs shall anopy signs: roperty: illuminated signs
onument. ntrance '. ot exceed 64 square annot project etback are no. t allowed; i
ign roviding. feet for the total of all bove the lYe-foot rovided, however,!
edestal irect vehicle faces and no one face oofline. hat electronic !
ign ccess shall exceed 32 square onument ichangeable
all sign feet, Wall signs and igns: six feet. essage signs and
anopy signs shall not Pedestal sign: hangeable copy
xceed seven percent of 12 feet igns are allowed,
he exposed building ity may impose
ace to which it is dditional
ttached imitations on signs
o be compatible
ith nearby
esidential areas
ntemally
'lluminated signs
e not allowed;
rovided, however,
hat the electronic
hangeable
essage signs and
changeable copy
igns are allowed.
ity may impose
dditional
. limitations on signs
o be compatible
ith nearby
esidential areas
SE, RS, ommercial
essages not
allowed, Internally
illuminated or
lectrical signs not
allowed
wo signs per entrance
otaling no more than
o square feet. No one
ign may be more than
2 square feet
ommercial
essages not
allowed. Internally
'lluminated or
electrical signs not
llowed. Signs may
e included as part
of a fence or other
chitectural feature
ommercial
essages not
llowed, Internally
illuminated or
lectrical signs not
allowed,
wo signs per entrance
otaling no more than
[50 sq, ft, No one sign
may be more than 32
Isq, ft.
I
\Yo signs per entrance !Monument,ISubject
ICommercial
ero Lot Line
. ownhouse
\Development
I
I
I
~""'IAP~~~~bl~ls~~~~:~r-~~~~~~I'~:~i::~"'~;~:"'~.~::r....M~~~;~~......l~:::~;::~I.... Remarks -I
15:0'Rif7'2Cl~f.~,:~~~-~~:~If~~~'.- :~~ ~~~~:.....'.rr-r'~rtn~~;~~f~~j
I ole sign sq,ft, '. lectrical signs not
I ylon sign . Ilowed,
i
I
onument wo signs per entrance Subject ommercial
otaling no more than roperty essages not
50 sq, ft. No one sign Ilowed. Internally
ay be more than 32 illuminated or
sq. ft. lectrical signs not
llowed.
, Land Use
I
~_..~~._,~_"..._...,.._._....ffl.
\Housing
nique
Cemetery
SE,RS
2 square feet per
ntrance, Wall signs
d canopy signs shall
ot exceed seven
ercent of the exposed
uilding face to a
aximum of 100
square feet
2 square feet per
. ntrance. Wall signs
! and canopy signs shall
ot exceed seven
ercent of the exposed
uilding face to a
ximum of 100
'square feet
ommercial
essages not
llowed. Intemally
'Iluminated or
lectrical signs not
Ilowed
anufactured
orne park
identification
ommercial
essages not
Ilowed. Phone
umbers are
ermitted on wall-
ounted signs
hen not facing
other residential
se. Intemally
'lluminated or
lectrical signs not
Ilowed
all or canopy signs
ay not exceed seven
ercent of the exposed
uilding face to which
he sign is attached to a
aximum of 50 square
eel. The total sign area
. or monument signs
ay not exceed 20
: square feet per sign
face, A day care or pre-
. chool that is part of a
hurch or synagogue
ayadd 20 square feet
er face to an existing
onument sign
associated with the
hurch or synagogue
hurch, ~RS:- -]anopy e total-sign area of all and . Subject Electronic
ynagogue, or jRM sign ach street . onument signs shall anopy signs: . roperty: hangeable
...!~.:IJ)I~~~_?~__J Mon.ll_~~~cc~oc'lt,~:.~cccc.c"cLcc~!:~c::??~~q~~~~c__c.ccc~'l~!JJ~()~~!..:~!~S~~~c..~~~~~~:J'!~~~~?
~........i __~~~~~~._~_..c~ ....... .~.~,~__._.........
ay care or pre-.. SE, RS,
chool,
xcluding
lass II home
r'u~nn'
Electronic
hangeable
essage signs and
hangeable copy
signs are allowed.
ity may impose
dditional
limitations on signs
o be compatible
ith nearby
esidential areas
I Land Use ....[APi~~:b'els~fo~~:e!-~:x~~:~r~~~i:::~ig~~~~~IM~:~;h~m .. r Location I Re:~~~~. ... ........1
Forship .. .:-........... ;ig~-............. ....-;:;;~idi~g-~.Jf~~i f~;th~.t~t~T~f allb~~~.th~ ...ifi~~=f~;;t-kh;;;g~;bf;.~~p.y---.I
Wall sign irect vehicle laces and no one face oofline, :minimum Isigns are allowed.
access Ishall exceed 32 square . onument I ICit~ ~ay impose
~L ~1J~~~~~ .gn, fl., fre.~ JYI~f~:'
(Ord. No. 99-348, ~ 5,9-7-99; Ord. No. 99-357, ~ 5, 12-7-99; Ord, No. 05-486, ~ 3,4-19-05; Ord. No. 05-
487, ~ 3,4-19-05)