ORD 08-583
CITY OF FEDERAL WAY
Office of the City Clerk
ORDINANCE DISTRIBUTION FORM
ORDINANCE NO.: 08-583
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22,
ARTICLE XVIII, "SIGNS," RELATED TO PORTABLE SIGNS IN THE PUBLIC RIGHT-
OF-WAY (AMENDING ORDINANCE NO'S. 90-43, 91-113, 92-135, 92-144, 95-235, 96-270, 97-
307,99-342,99-348,99-357,01-398,05-486,05-504,06-523)
CONFORM AS TO DATES/SIGNATURES
D Filed with City Clerk: 10/15/2008
D Enactment ReadinglPassed: 10/21/2008
D Publication Date: 10/25/2008
D Effective Date: 10/30/2008
EMAIL ORDINANCE SUMMARY TO FEDERAL WAY MIRROR FOR PUBLICATION
D Date emailed: 10/22/2008
DISTRIBUTED CONFORMED COPIES TO THE FOLLOWING:
I:8JCity Clerk's Ordinance Binders '
~City Attorney - (ordinances & resolutions)
~Federal Way Municipal Court - (ordinances only)
DISTRIBUTED CONFORMED COPIES WHEN APPLICABLE:
I:8JCD OCD - Bldg OCD - Planning I:8JCD - Code Enforcement
OPW OPW - SWM OPW - Traffic OPW - Streets
OCMIMS OP ARKS OFire District OLakehaven Utility Dist
DISTRIBUTED CERTIFIED COPIES TO:
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~MRSC (Andrew Darby) - (ordinances & resolutions)
OKing County (LeRoy Knopp) - LAND USE/ZONING ONLY - (ordinances only)
OOther:
CITY OF FEDERAL WAY
ORDINANCE NO. 08 -583
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY
CODE (FWCC) CHAPTER 22, ARTICLE XVIII, "SIGNS," RELATED TO
PORTABLE SIGNS IN THE PUBLIC RIGHT-OF-WAY (AMENDING
ORDINANCE NO'S. 90-43, 91-113, 92-135, 92-144, 95-235, 96-270, 97-307,
99-342,99-348,99-357,01-398,05-486,05-504,06-523)
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
revised the Federal Way City Code (FWCC) Chapter 22 (Zoning);
WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XVIII, "Signs,"
to allow portable signs in the public right-of-way meets the intent of Chapter 36.70A RCW, Growth
Management;
WHEREAS, the City of Federal Way finds that amendments to FWCC Chapter 22, Article XVIII,
"Signs," allowing portable signs in the public right-of-way will implement and are consistent with the
Federal Way Comprehensive Plan;
WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance on these
code amendments on August 20, 2008; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
Committees, and full City Council has received, discussed, and considered the testimony, written
comments, and material from the public, as follows:
1. The City's Planning Commission conducted a duly noticed public hearing on these code
amendments on September 3, 2008, and forwarded a recommendation of approval to the City Council;
2. The Land Use/Transportation Committee of the Federal Way City Council considered the
Planning Commission recommendation on September 22, 2008, following which it forwarded the
Planning Commission's recommendation to the City Council with a revision to increase the number of
Ord No. 08 -583
Page 1 of3
portable signs allowed in the public right-of-way from eight to ten for open houses; directed staff to re-
evaluate the definition of open houses; changed the allowable time for display of said portable signs from
sunrise to sunset to 9:00 a.m. to sunset; and deleted the provision for ten off-site real estate signs per
property per agent.
WHEREAS, the City Council finds that the code amendments as recommended by the Planning
Commission and amended by the Land Use/Transportation Committee are consistent with the intent and
purpose ofFWCC Chapter 22 ("Zoning") to provide for and promote the health, safety, and welfare of the
general public.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
I. The proposed FWCC text amendment is consistent with the Federal Way Comprehensive
Plan (FWCP) Goal EDG-6, which states that the City will encourage and support existing
businesses to remain and/or expand their facilities within Federal Way.
2. The proposed FWCC text amendments bear a relationship to the public health, safety, and
welfare because the amendments will assist businesses or other events to attract customers,
but will not interfere with pedestrian or vehicle travel. In addition, limiting the number of
signs and hours during which they be displayed will continue to promote a positive visual
image of the City.
3. The proposed FWCC text amendments are in the best interest ofthe residents of the City
because portable signs will help to attract customers to business, sales, and other events; thus,
supporting the City's vision of its economic development future.
Section 3. Amendment. FWCC Chapter 22, Article XVIII, "Signs," is amended as set forth in the
attached Exhibit A.
Ord No. 08 -583
Page 2 00
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the 21 st day of October, 2008.
APPROVED:
ATTEST:
a
APPROVED AS TO FORM:
jJ~t/ ~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK: October 15,2008
PASSED BY THE CITY COUNCIL: October 21,2008
PUBLISHED: October 25, 2008
EFFECTIVE DATE: October 30, 2008
ORDINANCE No: 08-583
Ord No. 08 -583
Page 3 00
EXHIBIT A
FEDERAL WAY CITY CODE
ARTICLE XVIII, "SIGNS"
22-1 Definitions
"Oven house" means an event held at a specific location. that is open to the public.
and where the event holder remains in attendance during the event.
.
22-1596 Purpose.
(8) Provide controls on sign proliferation to preserve community scenic, economic,
and aesthetic values; ami
(9) Provide for the elimination of billboard signs after a reasonable amortization
period recognizing that billboards affect the aesthetic value of the community thereby
reducing property values and impacting traffic safety because of the distraction that is
created by large signage along public rights-of-way.,.;
(10) Protect public infrastructure and property within public rights-of-way: and
(11) Promote traffic and traveler safety. including by reducing the number of visual
distractions. visual competition. and visual obstructions.
22-1600 Prohibited signs.
(14) Right of way signs inoh:lding at.JlY sign ~in a public right-of-way except
governmental signs. and except portable signs that follow the requirements ofFWCC 22-
1599( d)(2)( cc ).
22-1599 Permits.
(d) Permit exceptions.
(2) Exempt signs. A sign permit is not required for the following signs or modifications
to signs; provided, however, that such signs shall comply with all of the following
requirements:
w. Real estate signs.
1. Off site. The number of off site real estate signs shall be limited to 10 per
property per agent; provided, however, that there shan be a minimwn separation of 200
lineal feet behveen suoh signs, e-xcept that signs may be placed less than 200 lineal feet
apart 'Nhen necessary to indicate a turn or change in direction of tra'lel. The area of suoh
signs shall be no greater than six square feet per sign face. ~A.JI off site real estate signs
must be removed eaeh day at the conolusiol'l of the open house or other sa-Ies event and
are permitted only betv.'een sunrise and sunset when the sellor or the agent are in
attendance at the subject property.
2. On site. The lRHnber of on site real Real estate signs shall be limited to one
on-site sign 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.
cc. Portable signs located in the public right-of-way subiect to the following
standards:
1. Signs may not be affixed to the ground, including through the use of
stakes or other means that may damage property;
11. No more than two signs are allowed per event and no person may have
more than two signs at anyone time, except that ten open house signs
are allowed;
111. Sign area shall neither exceed six SQuare feet per sign face nor thirty-
six inches in height;
IV. Signs are allowed only between the hours of 9:00 a.rn. to sunset and
must be removed each day;
v. Signs may not be placed on or attached to other obiects, including but
not limited to buildings. structures, trees, plants, utility poles. utility
boxes, utility equiprnent. or other signs;.
VI. Signs shall not be located on the travelled portion of a roadway; in
parking lanes; on sidewalks; in bicycle lanes; or placed in a manner
that interferes with vehicle, bicycle, wheelchair, or pedestrian views or
travel; and,
V11. Signs shall not be placed in street medians or street side planter strips;
V111. Signs shall have a name and contact phone number or other contact
information on them.
K:\2008 Code Amendments\Portable Signs\City Council\100708 CC 1st Reading
Recommendation.doc
SUMMARY OF ORDINANCE
NO. 08-583
City of Federal Way, Washington
On the 21 st day of October 2008 the City Council of the City of federal Way, Washington
passed Ordinance No. 08-583. A summary of the contents of said ordinance, consisting
of the title, provides as follows:
Ordinance 08-583
AN ORDINANCE Of THE CITY COUNCIL Of THE CITY Of fEDERAL WAY WASHINGTON,
AMENDING fEDERAL WAY CITY CODE (fWCC) CHAPTER 22, ARTICLE XVIII, "SIGNS" , RELATING
TO PORTABLE SIGNS INTHE PUBLIC RIGHT-Of-WAY (AMENDING ORDINANCE NO'S. 90-43, 91-
113,92-135,92-144,95-235,96-270,97-307,99-342, 99-348, 99-357, 01-398, 05-486, 05-504, 06-
523)
The full text of this ordinance will be mailed upon request, in accordance with the City's
fee schedule.
DATED this 22ND day of October 2008
/s/ Stephanie Courtney
Deputy City Clerk
Published in the federal Way Mirror on October 25, 2008