ORD 07-573
,
ORDINANCE NO. 07-573
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, ~Xl (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 # 07-573
,PAGE 1
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 et. 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 # 0'7-613 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 # 07-51?:> ,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) state statuto c~hapter ~69 .50 RcW, (2) city
ordinance, or (3) common law, in that order of preference.
(Ord. No. 93-182, ~ 4,7-20-93)
SECTION 2. Chapter 3, Article II, Section 3-3 of the Federal Way City
Code shall be amended to read as follows:
ORD# 01-513, 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.
(bZ) 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-4.Q3-
~. 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, ~ 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:
~~batemenc..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 doqn means one of either sex, altered or unaltered, that has reached
the aqe of six months.
~~nimal" 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 # 07~5'7.3 , PAGE 5
~~nimal 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. ^n adult
cat is ono of either sox, altered or un~:lItered, that has reached the age of six
months.
::Oangerous 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,; Gf
(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) Sites 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.
~Oirector'~sRaU mean~ the director of the county department of health.
~Vomesticated 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.:.sf:laU 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 cattorylkennellicenso may be issuod where tho total number
of cats and dogs excoods tho number allowod in F'Ncc 9 186.
ORD # O?r5?3 ,PAGE 6
~Hobby kennet 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/kannol
liconso may be issued '.vhere the tot31 number of cats and dogs oxcoods the
numbor 3110wod in FVVCC 9 169.1.
~Juvenile~ means any dog or cat, altered or unaltered, that is under the age of
six months.
~Kenner sRaU 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 ono of oither sox, altered or unaltered, that has
reached the age of six months.
~Known propensity~sRaU mean~ an inclination for behavior that the owner is
or should be aware of.
::Livestock~means cattle, hogs, sheep, goats, horses, llamas and other large
grazing animals, but does not include small, wild or predatory animals, as defined
in King County Code Section 21.01.510 21A.06.065.
':'Owner' sRaU mean~ 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~sRaU mean~ 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 Jive animals to the public or to retail outlets.
~Potentially dangerous dog~sRaU mean~ 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 large~sRaU mean~ to be off the premises of the owner or
custodian and not secured by a leash 15 feet or less.
~Service animar 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 injury~sRaU mean~ any physical injury that results in broken bones or
lacerations requiring multiple sutures or cosmetic surgery.
~Shelter' sRaU mean~ 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# 01"-578 ,PAGE 7
~Special hobby kennellicense~ 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, ~ 2(A) - (N), (P) - (T), 2-13-90; Ord. No. 92-153, ~ 2,11-17-92;
Ord. No. 06-527, ~ 1, 6-20-06; Ord. No. 06-530, ~ 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:
IJ 16 Euth3n::u;i3 rate targots.
(a) It shall be tho policy of King County th3t tho follmving maximum euthanasia
rate targets are usod to measure tho progress towards reducing tho ratos of
unwanted, hoalthy pet C3ts and dogs destroyed by tho animal control authority
3nd/or its designoos. The outhanasia ratos shall not include animals that are
dostroyed becauso thoy aro f-or31, medically or tomporamentally unsuitable for
adoption of have been released by thoir o'Jmers for O'Jmer requested euthanasia.
The computation of tho euthanasia rates shall bo based on a population 'Nhich is
dofinod as all of King County, except the city of Soattle.
(1) The number of hoalthy dogs 3nd cats dostroyed by King County animal
control and its designoos oxcoods 11 cats por 1,000 porsons living in tho county
and 6.6 dogs per 1,000 persons living in the county f-or any givon year onding
Decembor 31 st; or
(2) Tho numbor of healthy dogs and cats destroyed by King County animal
control or its designoos exceeds 5.5 cats per 1,000 porsons living in tho county
and 3.3 dogs per 1,000 porsons living in the county for tho year onding
December 31, 1996;or
(3) The number of healthy dogs and cats dostroyed by King County animal
control or its dosignees excoeds 1.7 cats per 1,000 persons living in tho county
and 1.0 dogs per 1,000 porsons living in the county for tho year ending
December 31,2000.
(b) Tho animal control authority shall report annually to the Foderal 'Nay city
council about the number of un'.\'antod, healthy pets dostroyod and 'Nhat
additional moasures or programs might bo recommondod for council 3pproval to
reduce the euthanasia rates. (Ord. No. 92 153, ~ 9, 11 17 92)
SECTION 5. Chapter 4, Article I, Section 4-16 of the Federal Way City
ORD # 01-573 ,PAGE 8
Code shall be amended to read as follows:
4-24 Mandatory spaying and neutering.
(a1) 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 9...:t-ea106.
(eZ) Guide dog puppies in training and police service dogs are exempted from
the provision of this section.
(G;i) 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, ~ 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 following words, terms ~md phrases, 'lIhen usod in this articlo, shall have the
meanings ::lscribed to thom in this soction, oxcept where tho context c10arly
indicates ::l different meaning:
J\nimal control authority shall moan tho county animal control division,
department of gonor::ll services, acting alono or in concort with other
municipalities for enforcemont of the anim::ll controllav.'s of tho county and city
for the shelter ::lnd welfare of anim::lls.
Anim'al control officer shall moan ::lny individual employod, contracted or
appointed by tho ::lnimal control ::luthority for the purpose of aiding in the
onforcement of this ::lrticlo or any other la'.".' or ordinanco relating to the
impoundment of animals, and includes any stato or municipal peace officor,
sheriff, constablo or othor omployoo 'Nhoso dutios in whole or in p::lrt includo
assignmonts which involve the soizure and t::lking into custody of any ::lnimal.
,A,nimal rescuer me::lns any individual who routinely obtains an unw::lnted dog or
cat ::lnd who locatos within 90 days an adoptive homo for that spayod or noutored
dog or cat; provided, hO\vever, an intorim, administrativo oxtonsion may be
grantod by the animal control authority for a maximum of six months if a dog or
C::lt is pregnant, nursing, or injured and that condition is verified by a voterinarian.
Cattery moans a place '1.'hore four or more adult C::lts are kept, v.'hother by
ownors of the cats or by porsons providing f:Jcilities and care, whother or not for
compons::ltion, but not including small animal hospit::ll, clinic or pet shop. ,1\n ::ldult
cat is one of eithor sex, altered or unaltored, that has reached tho age of six
months.
Grooming sorvice moans ::lny place or establish mont, public or pri'lato, whore
animals are bathed, clipped or combed for the purposo of onhancing their
aosthetic valuo and/or hO::llth and forwhich a foo is charged.
Hobby cattery means a noncommorcial cattery at or adjoining a privato residonce
'Nhore four or more adult C::lts are bred or kopt for exhibition for organized shows
ORD# 07-,,513 ,PAGE9
or for tho onjoymont of the species providod, howevor, a combination hobby
cattery/kennelliconso may be issued whore the total number of cats and dogs
exceeds tho numbor allowed in F'J'VCC 9 186.
Hobby kennel moans a noncommercial konnol at or adjoining a private residonce
where four or more adult dogs aro bred or kept for hunting, training and oxhibition
for organized shows, field, working and/or obedienco trials, or for onjoyment of
the spocios; providod, howevor, a combination hobby cattery!kennolliconse may
be issued where the total number of cats and dogs excoods tho number allowed
in F\^/CC 9 169.1.
Juvonile moans any dog or cat, altered or unaltored, that is undor the age of six
months.
Kennel shall mean a place where four or more adult dogs are kopt, '.vhether by
mvners of the dogs or by persons providing bcilitios and care whothor or not for
compensation, but not including a small animal hospital or clinic or pet shop. I\n
adult dog is ono of either sex, altored or unaltered, that has reachod the ago of
six months.
Livostock moans cattle, hogs, shoop, goats, horsos, llamas and othor large
grazing animals, but does not include small, wild or predatory animals, as definod
in King County codo Section 21.0'1.540 21A.06.065.
Ownor shall mean any person having an interest or right of possossion to an
animal or any person having control, custody or possession of an animal, or by
reason of tho animal being seen residing consistontly at a location, shall be
presumod to be the owner.
Pet shop shall mean any porson, establishment, store or departmont of any store
that acquires Ii\'o animals, including birds, reptilos, fowl and fish, and sells, or
off-ors to soli or rent such live animals to the public or to retail outlots.
Service animal means any animal, 'Nhich is trainod or being trained to aide a
person who is blind, hearing impaired, or other\"liso disabled and is usod for that
purpose and is registered with a recognized sorvico animal organization.
Sholtor shall mean a facility ....,hich is used to houso or contain stray, homeless,
abandonod or un'Nantod animals and which is o'Nned, oporatod or maintained by
a public body, an establishod humane society, animal welfare society, society for
the prevention of cruelty to animals, or other nonprofit organization devoted to
the welfare, protoction and humane treatmont of animals.
Special hobby kennelliconse means a license issued to pot ownors under certain
conditions, who do not meet tho requiremonts for a hobby konnelliconse, to
allm\' them to retain only thoso specific dogs and cats then in their possession
until such time as tho doath or transfor of such animals reduces tho number they
possess to tho logallimit sot forth in this chapter.
(Ord. No. 90 30,9 2(C), (0), (H), (J), (K), (M), (P), (R), 2 1390; 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 # 011513 ,PAGE 10
(a1) 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:
(.:t-~) Animal size;
(2Q) Type and characteristics of the breed;
(J~) 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.
(bZ) 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.
(91) 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 cat'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~) 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:
(.:t-~) Exceed the number of dogs and cats allowed at the hobby kennel
and/or hobby cattery by the animal control authority.
(2Q) Fail to comply with any of the requirements of King County Code
Section 11.04.060(c)(1) through (5).
(f.Q) Compliance. All hobby kennel and hobby catteries shall comply with the
provisions of FWcc 9--1-69156, 9 186 through 9--1-00192.
(Ord. No. 90-30, ~ 10(B)-(G), 2-13-90; Ord. No. 92-153, ~ 12(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.
(a1) 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 # 01,573 ,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 (bZ) of this section.
(92) 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:
(-1-2) The installation would be technologically unfeasible; or
(2h) The cost of the underground construction outweighs the general
welfare consideration in requiring underground construction.
(Ord. No. 91-90, ~ 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 # 01'-57~ ,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(20.240.10 - 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 andlor additions to existing developed sites shall be subject to
land use review processes as follows:
(1) Process I. Improvements and/or additions to an existing developed site
that are exempt from SEPA shall be processed using process I, provided the
improvements and/or additions do not exceed any of the following thresholds:
(a}. There is no change of use.
(b}. There is no reduction in the amount of required landscaping, buffering,
open space, or public areas.
(c}. There is no material change or reduction in the amount of required
parking.
(e}. There is no material change in the location of utilities, easements, or
pedestrian connections.
(f}. 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 exceea the thresholds provided 3bovo in F'NCC
22 32.2(3) 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 SEP A shall be processed
consistent 'Nith the required review procoss as under process III, unless process
IV is indicated by identified 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.B, 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 # 01~3 ,PAGE 13
Policy Act, Chapter 43.21c RCW, shall be reviewed pursuant to tho procodural
roquiromonts 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, ~ 3, 4-1-97; Ord.No. 00-375, ~ 10, 10-3-00)
SECTION 12. Chapter 22, Article IV.S, 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.
- (bZ) 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-J2,33.
(6;}J 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.
(~) Director authority. The director of community development services may
modify the submittal requirements as deemed appropriate.
(e~) 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, ~ 3, 4-1-97; Ord. No. 00-375, ~ 10,10-3-00)
ORD # 01-518 ,PAGE 14
SECTION 13. Chapter 22, Article IV.S, 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 applicant1aOO 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.S, Section 22-355 of the Federal Way
City Code shall be amended to read as follows:
22-355 Appeals.
(a1) 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. Tho applicant and any person lNho received notico of the
administrativo decision under FVVCC 22 351 may appeal tho administrative
docision.
(bZ) 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:
(-t~) A statement identifying the decision being appealed, along with a
copy of the decision;
(2h) 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
(~~) The appellant's name, address, telephone number and fax number,
and any other information to facilitate communications with the appellant.
(6~J Fees. The person filing the appeal shall include, with the letter of appeal,
the fee as establish~d by the city. The appeal will not be accepted unless it is
accompanied by the required fee.
(91) 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. 01-399,9
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# 07'51?J ,PAGE 15
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 pursuantto the procedural
requiremonts 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 throuQh an aQent. may make
application for a process I land use decision.
(2) How to apply. The applicant shall file a completed master land use
application. AccompanyinQ 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) RoutinQ 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,
ORD # 07.-673 , 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:
(92) Site plan criteria.
(4-~) It is consistent with the comprehensive plan;
(~Q) 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.
(G~) 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.
(a!) 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, ifany, adopted
under FWcc 22-36a6.
(b2) 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 # 01,.57'3 ,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 !n..process Will of
this chapter. Tho applicant, any person who submitted 'Nritten comments, or any
person who specifically requostod a copy of the director's docision may appeal a
Notwithstandinq 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 Kinq County
superior court, except that in cases involvinq a site plan approval for a public
utility located in a BN (neighborhood business), Be (community business), or OP
(office park) zone the hearinq 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, ~ 3, 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.
(a1) 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:
(4-~) The name of the applicant and, if applicable, the project name.
fQ1 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 tho requested
decision and to the oxtont known by the city, any other permits 'Nhich arc not
includod in tho application.
(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. To
ORD # 0'}-573 ,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 servicesLor 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.
(91) 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.
(b.2) 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:
(:t-~) 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.
(~.Q) 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.
(4g) 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, ~ 2(145.30),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 01-
399, ~ 3, 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 applicant or othor party of record who may bo aggrievod by the
decision may appoal tho decision within 1'1 days of tho issuanco of the docision
by the director of community devolopment consistent 'Nith tho provisions of
F\^/CC 22 397 ot seq. If a written notice of appeal is received within the appeal
ORD # 0'1.-61.8 ,PAGE 19
period, the decision shall bo referred to the hoaring examinor and shall not
become final until the appeal process .is complete and the city issues a final
decision. Upon issuance of tho final decision, tho applicant may ongage in
activity basod on the docision, providod applicable pormits 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 the decision becoming final,
tho applicant may engage in activity based on tho decision, provided applicable
pormits have been 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.
(a1) 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 FVVCC 22 395.the applicant. any person who submitted
written comments or information, or any person who has specifically requested a
copy of the 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 issuance of the decision of the director of community
development services. The letter of appeal must contain:
(+S!) 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
(~) 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.
(€J1) 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:
ORD # 07~573 ,P AGE 20
22-406 Decision on appeal.
(a1) !!:L General. 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 eitRef 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:
(.t~) A copy will be mailed to the applicant.
(~Q) A copy will be mailed to the person who filed the appeal.
(J~) 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.
(a~) A copy will be mailed to the King County assessor.
(6~) 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 hoaring eX3minor'~ docision involvos 3
public utility (FVVcC 22 1 and 22609) loc3tod in a BN (neighborhood business),
Be (community businoss), 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, ~ 2(145.105), 2-27-90; Ord. No. 97-291, ~ 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.
!i +!he hearing examiner's decision affirming, modifying.1.-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 ~hapter
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, ~ 2(145.110),2-27-90; Ord. No. 97-291, ~ 3, 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 # 07"5'7'3 ,PAGE 21
(a1) Contents. The director of community development services shall prepare
a-the following notice~ of oach 3pplic~ltion cont3ining tho follO'.\'ing inform3tion:
(+9.) 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.
l:h@ 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. Tho citation of the provision of this chapter doscribing tho
applied for docision and to the oxtont kno'lm by the city, any other permits 'Nhich
aro not included in tho application.
(div) 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.
~M A statement of the availability of the official file.
f.:.(vi) 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.
g;(vii) The identification of existing environmental documents that
evaluate the proposed project and the location where the application and any
studies can be reviewed.
It(viij) 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.
(2cQ) Notice of public hearing. In addition to the information specified in
subsections (1 )(3) through (1 )(f) of this soction the notice of application, the
notice of public hearing shall include the following:
a-ill The QQate, time, and place of the public hearing.
l:h!ill 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.
(bZ) Distribution. The director of community development services shall
distribute these notices as follows:
(+9.) Notice of application. Within 14 calendar days of issuing the lefter of
completeness, the director of community development services shall distribute
the notice of application as follows:
ORD # 01,.-873 ,PAGE 22
a{U A copy of the notice of application will be published in a
newspaper of general circulation in the city;
th@ 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;
&{ill} 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.
(2Q) 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:
aill 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;
th@ A copy will be published in a newspaper of general circulation
of the city;
G,-(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.
(91) 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, ~ 2(150.30), 2-27-90; Ord. No. 92-133, ~ 3(150.30), 4-21-92;
Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 01-399, ~ 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 shall become final subject to the following:
(1) An applic~:mt or othor party of record who may be aggrieved by tho
decision may appeal tho decision within 1-1 days of tho issuance of tho decision
by tho director of community development consistent with tho provisions of
F\^JCC 22 397 ot soq. If a written notice of appeal is received within the appeal
ORD # 01~5YJ 3 ,P AGE 23
period, the decision shall be referred to tho he~lring oxaminer 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 applicant may engage in
activity based on the decision, provided applicable permits havo boon 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 the docision bocoming final,
tho applicant may engage in activity based on tho docision, provided applicable
permits have boon approvod.
(Ord. No. 90-43, ~ 2(150.70),2-27-90; Ord. No. 92-133, ~ 3(150.70), 4-21-92;
Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 00-375, ~ 15, 10-3-00)
SECTION 27. Chapter 22, Article VII, Section 22-447 of the Federal Way
City Code shall be amended to read as follows:
22-447 Appeals.
(al) Who may appeal. The decisions of the hearing examiner may be
appealed by any porson 'Nho is to receivo a copy of that decision under FVVCC
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.
(92) 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:
(.t!!) A statement identifying the decision being appealed,. along with a
copy of the decision;
(2h) 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
(d~) 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. .
(.t!!) 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.
(2h) 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.
(3~) The appeal will not be accepted unless it is accompanied by the
required fee and appropriate costs.
ORD # 01.-518 ,PAGE 24
(4Q) 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:
aID City staff preparation. Hourly cost of preparation.
9-,.@ 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 22-449447
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.
(a1) Content. The director of community development services shaUL within 14
days of issuing a letter of completeness on the proposal, prepare a notice of
application containing the following information:
(+.Q) The name of the applicant and, if applicable, the project name.
fQ.) 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 tho provision of this ch3pter doscribing tho requested
ORD # 01-.5'73 ,PAGE 25
decision and to the extent knO\\'n by tho city, any othor pormits which are not
includod in tho application.
(41) 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.
(a~) The date, time, and place of the public hearing.
(at) A statement of the availability of the official file.
(7g) A statement of the right of any person to submit written or oral
comments to the hearing examiner regarding the application.
(8) A. st3temont that only persons who submit commonts to the hoaring
examiner or specifically request a copy of the original decision may appeal the
hearing examiner's decision.
(Bh) 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:
(-1-S!) 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:Q) A copy will be published in the newspaper of general circulation in the
city.
(a~) A copy will be posted on each of the official notification boards of the
city.
(G~) 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.
(91) 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 # 01.-513 ,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.
(:J) State regulation. Air quality is regulated by the 'Nashington Clean Air J\ct,
Chapter 70.91 RON. Any inquiry, complaint or violation regarding air quality will
be referred to the Puget Sound Air 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 chaptor 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
chaptor 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 chaptor Code. (See also F'NCC 22
951 regarding lighting regulations.) (Soo also F'NcC 22 951 reg:Jrding 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#07r-573,PAGE27
Code.
(Ord. No. 90-43, ~ 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, ~ 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 r3diation is defined 3nd regulated by tho state pursuant to Chapter 70.98
RC'N. Any complaint, inquiry or violation regarding ionizing radiation within the
city will be referred to the sklto.
(Ord. No. 90 '13, ~ 2(115.110), 22790)
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, ~ 2(115.20(1)),2-27-90; Ord. No. 02-424, ~ 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 Domostic animals.
PNCC 22 981 ot seq., regarding animals in residontial zones, shall be tho
regulations for kooping animals in residontial zones permitting home
occupations.
(Ord. No. 90 13, ~ 2(115.65(" )), 2 27 90)
SECTION 39. Chapter 22, Article XIII, Section 22-1047 of the Federal
ORD # 01-5'70 ,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 Ill. The city will approve the application if:
-hill Views across the subject property are not substantially impaired;
and
2-:-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-;-) AflY-appurtenance~, 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 #tJ1-5?8 , PAGE 29
22-1111 Application of division.
This division ostablishos regulations applicablo to outdoor uso, storago and
activity.
(Ord. No. 90 13, ~ 2(115.105(1)), 2 2790)
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 chaptor is to ostablish standards for outdoor residenti31 usos,
storage and activitios related to motor vehiclos ::md nonmotorizod vohiclos.
Thoso standards are intonded to protect property values by reducing visual
blight, aid in emergency access and fire safoty, guard against the creation of
rodent and post harborago, and reduco the impact on the natural onvironmont
from the leaking of motor '1ohiclo 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, ~ 2(115.105(2)), 2-27-90; Ord. No. 99-341, ~ 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 establishos 'Nhat structures, improvemonts and activities may be in
or tako place in required yards as ostablished for each use in oach 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 # O'7~'7 3 ,PAGE 30
22 1132 Exceptions and limitations in some zones.
This chapter contains specific regulations regarding ,-,{hat m3Y be in or take place
in required yards in certain instances. \^lhere applicable, those spocific
regulations repl3co any inconsistent provisions of this division.
(Ord. No. 90 13,92(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 # (J7-..673 ,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;
{d-:} 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
{e.,.} 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 uses, acth:ities and storage.
For regulations on outdoor uses, 3cti'lities and stor3ge, see F\I\JCC 22 1376 et
seq. (Ord. No. 90 13, ~ 2(115.115(1)),22790)
SECTION 46. Chapter 22, Article XIII, Section 22-1201 of the Federal
Way City Code shall be amended to read as follows:
22-1201 Discharges 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, ~ 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.
(a1) 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.
(b2) Required landscape plans for all projects that are subject to tho site
plan review process 3S set forth in Articlo V of this chapter process I, 11, 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 # 01-513 , PAGE 32
22-1568 Significant trees.
(a1) Purpose. The purpose of this section is to:
(+9.) Regulate the removal of trees from property within the city in order to
preserve, protect and enhance a valuable natural resource;
(2-!;!) 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
(49.) Maintain a minimum number of significant trees.
(b2) Definition. A significant tree shall be defined as:
(+9.) At least :+twelve inches in diameter or at least 37 inches in
circumference measured four and one-half feet above ground; ami
(2-!;!) In good health; and
(2-!;!) Not detrimental to the community (e.g., is not diseased, dying, or
likely of falling into public open space or right-of-way, etc.) or obscuring safe sight
distance requirements. Significant trees shall not include red alder, cottonwood,
poplar or big leaf maple.
.
~:'~\
r41
Fignra 10 - SeC. 22-~56&(b)
(G~) Standards.
(+9.) Retention required. Significant trees shall be retained on tho subject
property to the maximum extent possible in all residential, commercial, industrial,
or institutional developments as follows:
a- 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.
~ iliLAII significant trees located within any required perimeter
landscaping area shall be retained, provided that this requirement shall not apply
to commercial zoning districts.
(T. filiLSignificant trees required to be retained within on-site sensitive
areas can be used toward satisfying the 25 percent on-site significant tree
retention regulations.
ORD # 0'7.-573 ,PAGE 33
th lliLAII 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-: 1YL 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.
~ MiL 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-h) 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:
&-fiLA 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 )a{3)(a)(1 ), provided the tree meets at
least one of the following criteria:
&-1iL 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
G: illiL The tree belongs to a unique or unusual species of native or
non-native tree not usually found locally.
(4ft) 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.
(a~) When required significant trees cannot be retained (see subsection (f)
of this section), significant trees that are removed shall be replaced with:
&-{!L 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 # 0'7-513 , 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.,. illLNew 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.
(et) The following management practices shall be observed on sites
containing significant trees, to provide the best protection for significant trees:
a:- DlNo clearing shall be allowed on a proposed development site until
the tree retention and landscape plans have been approved by the city of Federal
W~ .
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:
~(A) A temporary five-foot chain link fence.
6ffi} 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;
Er. ili!L-No impervious surfaces, fill, excavation, or storage of
construction materials shall be permitted within the no disturbance area;
4: 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.~ 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
6ffi} 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 (yiLAlternative protection methods may be used if accepted by the
director of community development department to provide equal or greater tree
protection;
~ {yllLEncroachment 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, ~ 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 # 07--518 ,PAGE 35
The following actions are exempt from the provisions of this article:
(1) Development proposals and permits listed in FWcC 22-31 Q.}(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:
(a.,.} 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:
4-:Jll The simple nature of the proposal;
2-,.1li.} The project would be severely impacted by the preapplication
process due to time or financial constraints outside the control of the applicant;
J.,. (jii) 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;
4.,.Jjy} The director determines preapplication review is not in the best
interest of the city or applicant.
(b.,.} 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.
/\ preapplication conference for ~my development propos31 or permit listed in
FV'.'CC 22 31 (b) and (c) of this section is option31. Optional preapplication
conforencos will be schodulod by tho director on 3 time aV3i13ble basis.
(Ord. No. 97-291, ~ 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.
W All firearms taken into the custody of the Fodoral 'Nay dopartment of
public safety police 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 tho United States
Tro3sury Department Bureau of Alcohol and Tob3cco, and firearms exempt from
destruction shall bo disposed of in accordance with RC'N 9.11.098(c), or
hereafter amended.
(3) Except as provided in subsection (4) A~II etReF firearms that are
judicially forfeited or forfoited duo to a failure to make a claim undor RC\^I
63.32.010 under subsection (2) shall be destroyed, except that stffiR firearms
ORD # {)1~513, PAGE 36
which meet the Fedor:)1 '.^l:)y departmont of public safoty police department's
standard for use may be retained and used by the department. (Ord. No. 00-376,
~ 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, ~ 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. Severability.
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 # 07--513 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 # lJ7--573 ,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 l.\: \"--
dayof ~~\cA ,2003..
CITY OF FEDERAL WAY
----?~~ 44
/ ~~, MIC WARK
ATTEST:
APPROVED AS TO FORM:
I p;CU. ~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
11/20/07
12/04/07
12/08/07
12/13/07
07 'i71
ORD #07-573
,PAGE 39
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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 (64) 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.
(62) 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.
(eJ) 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.
(2,11) 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{li} 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 permitt~d.
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.{W 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.
h:{viii) Gravestones or other memorial displays associated with cemeteries or
mausoleums.
h{ix) Historical site plaques and signs integral to an historic building or site.
H1U Holiday decorations displayed in conjunction with recognized holidays.
~ 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.
Uxii) Instructional signs that do not exceed six square feet in area per sign face.
~ Integral design features when such features are an essential part of the
architecture oLa building (including religious symbols) and when such features do not represent a
product service, or registered trademark.
~ Integral signs when no more than one per building.
e@ Interior signs located completely within a building or structure and not intended to
be visible from outside the structure, exclusive of window signs.
p,{xvi) Menu board not to exceed 32 square feet per sign face and a maximum height of
five feet (two permitted per site).
Et<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.
&.-(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.
~ 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.
t:l;(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.
v,(xxii) Private notice signs.
w;(xxiii) Real estate signs.
-h(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.
~ffi} 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.
t.{xxvi) Warning signs.
aa,{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.
btr.<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."
(@ 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 ofFWCC 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."
(hID 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
r Sign A I bl 'I S T Maximum Maximum
urpose/ pp ica e ign ype
ones lAllowed umber Sign Area
Description I
I.. Civic ev~nt All Wall-
~r commumty ounted
Handled Off-site
n a case-by- igns,
Remarks
30 days
rior to the
-~:~~~~~g ;~Il~ ~~~~t~dSig~~I-
hanners, may I I
~e no larger I
~an six square
eet per face. I
n-site signs '
~d wall-
ounted
anners may be
o larger than
2 square feet
er face
The total
ign area of
reestanding
onument
igns shall not
xceed 64
quare feet for
he total 0 fall
faces and no
ne face shall
xceed 32
quare feet.
all signs
hall not
xceed seven
ercent of the
xposed
uilding face to
hich it is
ttached
"~~nn~~s,--- !case basis
remporary
ortable signs,
inflatable
dvertising
evices, search
lights and -
eacoos
~ervice event-r--
Ktemporary) I
I
j
i
r-
I
1
I
I Civic ev~nt
lor commumty
eervice event
ipennanent)
I
~ Special sale!
romotional
I_ve~t (e.g.,
'anmversary
fale, etc.)
I
Grand
opemngs
I Mural
~isplay
I
All
Freestanding
onument or
all sign
I
I
I
I
j
T---
I
I
I
One per
ite
l Handled
Banners onlyfn a case-by-
ase basis _
!
I '
Non-
esidential
omng
r istri cts
I
Banners,
emporary
ortable signs,
'nflatable
dvertising
evices, search
lights and
eacons
Handled on
case-by-case
as IS
Handled
n a case-by-
ase basis
Handled
Painted mural n a case-by-
__ I ase basis ,
Electront1.c Handled I Handled on
han. g.eable n a. . cas. e-bY. -ft case-by-case
essage sign case basis ~asis
Scoreboards
j (athletic All
lfields)
~vent. 'I'
IRemove
, ithin five l-
ays of the
lose of the
vent I
Monument
igns: six feet.
reestanding
igns: 12 feet.
all signs
shall not
roject above
he roofline
nes: on
ite only
Handled on
case-by-case
aSls
anners
ust be
tached to
n exposed
uilding
ace
Special
romotions:
o days total
er calendar
ear. No
ore than
four events
er year.
oes not
include
indow signs
Grand
penings: 30
ays. Event
ust occur
ithin 60
ays of
ccupancy
J
Table 2
Sign Allowances for Residential Zones - Permit Required
Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM)
Land Use
nstitutional
i
i · Govt.
j facility
I · Public park
I · Public
I" utility
· School
j
i
i~reati~
. Golf course
. Recreation
area or
clubhouse
. Sports field
- Private,
non-
commercial
esidential
welling units
ubdivision
'dentification
mall Lot
etached
ubdivision
evelopment
Maxi~.-'---:-~Maximum I
Number I M~Xlmum Sign Area! Height Location I Remarks
ne sign for lThe total sign area of all and ,ubject Internally
ach public onument signs shall anopy signs: ! roperty: illuminated signs
ntrance ot exceed 64 square annot project e not allowed; I
roviding feet for the total of all bove the rovided, however, I
irect vehicle. faces and no one face ootline, hat electronic !
cess hall exceed 32 square onument hangeable
feet. Wall signs and igns: six feet. essage signs and
anopy signs shall not edestal sign: hangeable copy
xceed seven percent of 12 feet igns are allowed.
he exposed building ity may impose 11
ace to which it is dditional
ttached imitations on signs
o be compatible I
ith nearby
esidential are~
nternally
'lIuminated signs
e not allowed;
rovided, however,
hat the electronic
hangeable
essage signs and
hangeable copy
igns are allowed.
ity may impose
ditional
limitations on signs
o be compatible
'th nearby
esidential areas
ommercial
anopy signs: roperty: essages not
ann ot project ...setbaCk ..fallowed. Internally j
bove the fl;ve-foot illuminated or .
ootline. 'nimurn lectrical signs not
onument . 1I0wed
igns: five feet
all and Subject ommercial
roperty essages not
lIowed. Internally
'lIuminated or
electrical signs not
lIowed. Signs may
e included as part
f a fence or other
chitectural feature
ommercial
essages not
1I0wed. Internally
illuminated or
lectrical signs not
1I0wed.
IApplicable Sign Type
I Zone I Allowed
SE, RS, ~anopy
6ign
Monument
l~lgn
~.edestal
Ign
all sign
i
!
e total sign area of
nument signs shall
ot exceed 64 square
roviding eet for the total of all
irect vehicle faces and no one face
ccess hall exceed 32 square
eet. Wall signs and
anopy signs shall not edestal sign:
xceed seven percent of 12 feet
he exposed building
ace to which it is
ttached
SE,RS,
wo square feet
SE,RS,
wo signs per entrance
otaling no more than
50 square feet. No one
ign may be more than
2 square feet
wo per
ajor
ntrance
wo signs per entrance
otaling no more than
150 sq, ft. No one sign
ray be more than 32
I q, ft.
Ifwo signs p;;'~ntrance
Commercial
1-----~~~~-~~~--!Apzpii~abl~llsAig,nl-TyPd.....~T-MN--axiinb-;m 1 ~axi~um Sig~-A-~:~ ,- M:Hax~mhUtm --r~o~~~i:-n--I- - Remarks I'
! i one owe I urn er I elg .
Fo~~i~g - -- --.- -- --!5.o:Rs--7.21~:~s~~:-----~~~:ce -----l~:~~~~~~::~:~~;---1P;~~~l,--~k--r'.-~~p~rty---~~:::~~I~~:::~~~- i
I i [gn I ~ay be more than 32 igns: five ft. illuminated or I
I : rOle sign i jSq.ft. lectrical signs not j
I I ylon sign I ! 1I0wed.
I i I
/zero Lot Line jRM. RS onument ubject ommercial
jrownhouse I roperty essages not
loevelopment 1I0wed. Internally
! I illuminated or
I I lectrical signs not
I 1I0wed.
wo per
aJor
ntrance
2 square feet per
ntrance. Wall signs
nd canopy signs shall
ot exceed seven
ercent of the exposed
uilding face to a
imum of 100
quare feet
2 square feet per
ntrance. Wall signs
. and canopy signs shall
ot exceed seven
ercent of the exposed
uilding face to a
aximum of 100
uare feet
ommercial
essages not
1I0wed. Internally
'lluminated or
lectrical signs not
1I0wed
ommercial
essages not
Ilowed. Phone
umbers are
ermitted on wall-
ounted signs
en not facing
other residential
e. Internally
'Uuminated or
lectrical signs not
!lowed
mque
Cemetery
!
i
p-;-y car;-o;Pr~
choo!,
xcluding
lass II home
ccupations
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
: feet. The total sign area
or monument signs
y not exceed 20
quare feet per sign
ace. 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
sociated with the
i ___ _ I hurch or synagogue I
hurch, ~ RS, ~anopy e total sign area of all and Subject Electronic
ynagogue, or!RM ign ach street onument signs shall anopy signs: roperty: hangeable
th~_el~~~~~__L________OI~~~~!:l!.~?ntage~""~_ ot_~~~~t;:<i__!?~_ sqll_~~~__~"~'!~t proj~~"e~~~~_~"._ es~~~~~gns and
Electronic
hangeable
essage signs and
hangeable copy
signs are allowed.
ity may impose
ditional
limitations on signs
o be compatible
'th nearby
esidential areas
: Land Use IAPzPlicab,elsAig,n, TYPde I MNaXimbum i M~~i~:~-~-;gn Area 11- MHax~mhum r Locat~~~:I: Remarks 1
lone I owe I urn er ! . elg t I _ !
r-_---- -- -------T---"':"~r~------~- -r----------- ---- ------- --------------T- -------------- -- --- - --T-~----"-------- T --- --- --------'---------------j
!Slgn ~rovldmg :feet for the total of all labove the ifive-foot :changeable copy i
lwall sign rirect vehicle lifaces and no one face ~oof1ine_ Finimum ~igns are ~lIowed_ il
jllccess lshall exceed 32 square /Monument i jClt~ ~ay Impose I
I Ifeet. Wall SignS and flgns: five feetl ~laddltlOnal i
fanopy signs shall not limitations on signs
~xceed seven percent of lObe compatible
I t;:sz~~~mg I ~},%::~
(Oed. No. 99-348, ~ 5, 9-7-99; Oed. No. 99-357, ~ 5, 12-7-99; Oed. No. 05-486, ~ 3,4-19-05; Oed. No. 05-
487, ~ 3,4-19-05)
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~orship
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