ORD 09-593
ORDINANCE NO. 09-593
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE RELATED DEFINITIONAL
AMENDMENTS ADDING SECTIONS, AMENDING SECTIONS, AND
REPEALING SECTIONS IN CHAPTERS 5, 11, 12, 13, 15, 16, 18, 19, 20, 21, AND
22 OF THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and definitions and related regulations can be
simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of definitions;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update 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 5, Article XI, Section 5-340 of the Federal Way City Code shall be amended to
read as follows:
5-340 Definitions.
The following words, terms and pm-ases, -,.;hen used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Ordinance No. 09-593
Page I of90
L____
Board of appeals shall mean means the hearing examiner appointed by the city pursuant to process I
of Chapter n FWCC, Zoning.
Fire detection system shall mean means a heat aHd,lor smoke detection system monitored by a central
aHd,lor remote station conforming to the current requirements of the National Fire Protection Association
standards andLer-the fire chief or designee.
Fire sprinkler system shall mean means an integrated system of piping connected to a water supply
with sprinklers which will automatically initiate water discharge over a fire, conforming to the current
requirements of the National Fire Protection Association standards andfflf the fire chief or designee.
Life safety/rescue access shall mean means an unobstructed access to all floor levels and each roof
level of a building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder.....QL~
,^ill alternate method would be at least one stairway enclosure with exit doorways from each floor level
and with a door opening onto each roof level which conforms to the requirements of the International
Building Code. (Ord. No. 90-33, ~ 67, 2-13-90; Ord. No. 92-127, ~ 5,2-4-92; Ord. No. 99-340, ~ 5,5-4-
99)
SECTION 2. Chapter 11, Article III, Section 11-51, of the Federal Way City Code (FWRC 4.05.010)
shall be amended to read as follows:
11-51 [FWRC 4.05.010] Definitions.
The follo'.ving v/ords, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article [chapterl unless the context clearly requires otherwise. Terms not
defined here are defined according to FWRC 4.03.010 or in FWCC 1-2 in that order.
~Director= shall mean means the eity director of the parks~ flfl6 recreation, and Cultural Services
department or a designated employee of the parks that department.
~Park: shall mean and include includes anv all public parks, public squares, golf courses, bathing
beaches~ QLflfl6 play and recreation grounds within the city limits, regardless of ownership,; and also
includes any all city sports fields. or any flfl6 city leased or rented school or private property when the
same are being used forrecreation. (Ord. No. 91-82, ~ 1(l)(B), 1-8-91; Ord. No. 01-396, ~ 1,7-3-01)
SECTION 3. Chapter 12, Article I, Section 12-1, of the Federal Way City Code shall be amended to
read as follows:
12-1 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: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2. .
Administrator means the official of the city holding the office of public works director, or his or her
designated representative.
Ancillary disposal provider means those persons that offer delivery, maintenance or clean-up services
that by their nature include a disposal function. ,^.ncillary disposal providers must provide a legitimate
service other than garbage collection and disposal services equiyalent to those proyided by a city
contracted service provider. Examples of ancillary disposal providers include, but are not limited to:
businesses that deliver new appliances, carpets or other furnishings and remove and dispose of the
replaced item; contractors that self-haul construction and demolition wastes that they produce during the
course of their regular business activities; and clean-up services that include a container or truck loading
function in addition to hauling and disposal.
Ordinance No. 09-593
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Cart means a city-approved wheeled plastic container that is designed for and used with a hydraulic
lifting mechanism, with 35, 64 or 96 gallons of capacity; weighing not over 35 pounds when empty or 50
pounds per 32-gallon capacity when full; fitted with a sturdy handle and a cover; rodent and insect
resistant; and capable of holding collected liquids without spilling when in an upright position.
City means the city of Federal Way, located in King County, Washington.
Commercial customer means a nonresidential customer, including but not limited to businesses,
institutions and governmental agencies and all other similar users of nonresidential garbage collection
servIces.
Curb or curbside means on the homeowners' property, within five feet of the public street without
blocking sidewalks, driveways or on-street parking. If extraordinary circumstances preclude such a
location, curbside shall be considered a placement suitable to the resident, convenient to the service
provider's equipment, and mutually agreed to by the city and service provider.
Detachable container means a watertight metal or plastic container equipped with a tight-fitting cover,
capable of being mechanically unloaded into a collection vehicle, and which is not less than one cubic
yard nor greater than eight cubic yards in capacity.
Drop-box container means an all-metal container with 10 cubic yards or more capacity that is loaded
onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and capable of
then being transported back to the customer's site.
Extra unit means an additional quantity of garbage or yard debris set out next to the customer's
regular garbage or yard debris container. In the case of can or cart garbage service, an extra unit shall be
the equivalent of 32 gallons of material. In the case of cart yard debris service, an extra unit shall equal 96
gallons of material and not more than 65 pounds of material. In the case of detachable container garbage
or yard debris service, an extra unit shall be the equivalent of one cubic yard of material.
Garbage means all putrescible and nonputrescible solid and semi-solid wastes, including, but not
limited to, rubbish, ashes, industrial wastes, swill and discarded commodities and non-source-separated
construction/demolition materials that are placed by customers of the service provider in appropriate bins,
bags, cans or other receptacles for collection and disposal by the service provider. The term garbage shall
not include hazardous wastes, source-separated materials, recyclables or yard debris.
Garbage can means a city-approved watertight galvanized sheet metal or plastic container not
exceeding four cubic feet or 32 gallons in capacity; weighing not over 15 pounds when empty or 50
pounds when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped
with a handle.
Hazardous waste means any substance that is:
(1) Defined as hazardous by 40 CFR Part 261 and regulated as hazardous waste by the United
States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery
Act (RCRA) of 1976,42 USC 6901 et seq., as amended by the Hazardous and Solid Waste Amendments
(HSW A) of 1984; the Toxic Substances Control Act, 15 USC 2601 et seq.; or any other federal statute or
regulation governing the treatment, storage, handling or disposal of waste imposing special handling or
disposal requirements similar to those required by Subtitle C of RCRA; or
(2) Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as
dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the
State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or
regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling
requirements similar to those required by Chapter 70.1 05 RCW;
(3) Any substance that after the effective date of the contract "'/ith'the service pro'.'ider comes
within the scope of this definition as determined by the city. Like'Nise, any substance that after the
eUectiye date of the contract with the service provider ceases to fall within this definition as determined
by the city shall not be deemed to be hazardous \vaste. Uncontaminated waste motor oil put out for
collection by residential customers for recycling is not shall not be deemed to be hazardous waste.
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King County Disposal System means the areas owned, leased or controlled by the King County Solid
Waste Division, King County, Washington (per the County Interlocal Agreement) for the disposal of
garbage, or such other site as may be authorized by the King County Comprehensive Solid Waste
Management Plan and approved by the city.
Micro-can means a watertight galvanized sheet-metal or plastic container not exceeding 10 gallons in
capacity or 15 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted
with a tight cover equipped with a handle.
Mini-can means a watertight galvanized sheet-metal or plastic container not exceeding 20 gallons in
capacity or 30 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted
with a tight cover equipped with a handle.
Multifamily residence means a multiple-unit residence with five or more attached units serviced by a
common solid waste storage container.
Person means a person, firm, partnership, association, institution or corporation. The term shall also
mean the occupant and/or the oVlller of any premises for 'Nhich service mentioned in this chapter is
rendered, or eligible or entitled to be served.
Private drive means a privately owned or maintained way serving fewer than four residences; or
serving less than one residence for every 100 yards in distance.
Private road means a privately owned and maintained way that allows for access by a service truck
and which serves four or more residences.
Public street means a public ',yay used for public travel, including public alleys.
Recyclables means any of the following when generated by a single-family or multifamily residential
customer: aluminum cans; corrugated cardboard; glass containers, mixed waste paper; waste motor oil;
newspaper; recyclable plastic containers that have contained nonhazardous products; poly-coated cartons;
scrap metals not exceeding two feet in any direction and 35 pounds in weight per piece; tin cans; and such
other materials that the city determines to be recyclable.
Recycling bin means a service provider-provided 20-gallon container suitable for single-family
residential collection, storage, and curbside placement of the nonpaper portion of source-separated
recyclables.
Recycling cart means a service provider-provided 35-, 64- or 96-gallon cart suitable for residential
collection, storage and curbside placement of the paper fiber portion of source-separated recyclables.
Recycling carts may also be used for the collection of the nonpaper fiber portion of source-separated
recyclables by multifamily residences.
Recycling container means a set consisting of:
(l) One recycling bin and one recycling cart for single-family residences;
(2) Three stacking recycling baskets distributed to single-family residential customers under a
previous service provider's collection contract; or
(3) Recycling carts or detachable containers for multifamily residences.
Residence and residential means living space(s) individually rented, leased or owned.
Service provider or service providers means that entity or entities holding a valid contract or franchise
with the city to collect solid waste.
Single-family residence means all one-unit houses, duplexes, triplexes, fourplexes located on a public
street or private road and mobile homes with individually billed collection. Residences located in an area
that does not allow safe access, turn-around or clearance for service vehicles, or on a private drive will be
provided service if materials are set out adjacent to a public street or private road.
Solid waste means garbage, recyclables and yard debris.
Source-separated means certain reclaimable materials that are separated from garbage by the
generator for recycling or reuse, including, but not limited to paper fibers, metals, glass, plastics, organics
and other materials.
WUTC means the Washington Utilities and Transportation Commission.
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Yard debris means leaves, grass and clippings of woody and fleshy plants, as well as other source-
separated organic materials compatible with the collection system and acceptable to the service provider's
processing facility. Un flocked, undecorated Christmas trees are acceptable as yard debris if cut to size.
Materials larger than four inches in diameter or four feet in length are excluded. Yard debris that is
contaminated or mixed with garbage or hazardous waste is also excluded.
Yard debris cart means a 96-gallon container provided to all subscribing single-family residences,
multifamily residences and commercial customers for the purpose of containing and collecting yard
debris. (Ord. No. 91-124, S 2,12-17-91; Ord. No. 93-167, S 2, 3-16-93; Ord. No. 02-411, S 1, 1-2-02)
SECTION 4. Chapter 12, Article III, Section 12-52, of the Federal Way City Code shall be amended
to read as follows:
12-52 Authorized service providers.
The collection of, disposal of and billing for garbage generated within the corporate limits of the city shall
be accomplished by service providers under written service agreement or franchise pursuant to ordinances
of the city. Only such service providers that have a current service agreement or franchise with the city
are authorized to collect garbage from within the incorporated city limits and to haul garbage through the
streets of the city; however, ancillary disposal providers shall be allowed to collect, haul and dispose of
garbage that is generated during the course of their regular business activities. Ancillary disposal
providers must provide a legitimate service other than garbage collection and disposal services equivalent
to those provided by a city-contracted service provider. (Ord. No. 91-124, S 3(A), 12-17-91; Ord. No. 93-
167, S 3(A), 3-16-93; Ord. No. 02-411, S 27,1-2-02)
SECTION 5. A new section is added to Chapter 13, Article I, of the Federal Way City Code (FWRC
4.03.010) to read as follows:
13-1IFWRC 4.03.0101 Definitions
The definitions in this section apply throughout this Title unless otherwise provided or the context clearly
requires otherwise. Terms not defined here are defined according to FWCC 1-2.
Abutting property means all property having a frontage upon the sides or margins of any public right-
of-way.
Activity means parades, runs, walks, processions, marches, races, block parties, demonstrations,
exhibitions, rallies, and other similar short-term private uses of public right-of-way which do not involve
the significant physical disturbance of the public right-of-way.
Block party means an event that includes the closure of a dead-end public street.
City building means any building or portion thereof, owned or leased by the city and includes all
areas of a building owned or leased by the city in its entirety, including but not limited to elevators,
restrooms, waiting areas, hallways, lobbies, reception areas, council chambers, lunchrooms and employee
offices.
Director means, unless otherwise indicated, the director of the City's public works department or his
or her designee, including any person contracted with/by the city to perform required reviews and services
on behalf of the city.
Emergency means a condition of imminent danger to the health, safety, and welfare of property or
persons located within the city including, without limitation, fallen branches or fallen trees within public
rights-of-way, or damage to vegetation from natural consequences, such as storms, earthquakes, riots or
wars.
Extended right-of-way use permit means a permit authorizing the use of the city right-of-way for a
designated purpose and for a period of time exceeding one year in duration.
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Page 5 0{90
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Limited right-of-way use permit means a permit authorizing the use of the city right-of-way for a
designated purpose and for a period of time limited to one year or less.
Occupant means a person who is occupying, controlling or possessing real property, including an
agent or representative thereof.
Owner means a person who has legal or equitable title to real property, the owners of any fee title,
mortgagors, and contract vendees, and including an agent or representative thereof.
Smoke or smoking means the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any
other lighted smoking equipment. COrd. No. 90-36, & 1, 2-20-90)
Removal means the act of cutting down or removing any vegetation, or causing the effective removal
through damaging, poisoning or other direct or indirect actions resulting in the death of vegetation.
Replacement vegetation means vegetation of equal species, size, quality and number to that which has
been removed in conformance with the right-of-way vegetation plan.
Right-of-way vegetation plan means the plan adopted by the city containing the standards and
specifications which prescribe the vegetation to be planted, maintained, preserved, or replaced within the
city's public rights-of-way, the methods for planting, trimming, pruning and other maintenance activities,
and the overall planting plan for the city.
Street trees means any trees located on any street or public right-of-wav.
Topping means the severe cutting of the top of a street tree resulting in stubs beyond the branch collar
in the crown or severe cutting which removes a substantial portion of the normal canopy, disfigures the
street tree, and reduces the height.
Vegetation means all trees, plants, shrubs, groundcover, grass, and other vegetation.
SECTION 6. Chapter 13, Article II, Section 13-26, of the Federal Way City Code is hereby repealed
as follows:
13 2G Definitic:ms.
The follovling words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:~
Director of public works shall include any person contracted withlby the eity to perform the required
revievls and services on behalf of the city.
Extended right of way use permit shall mean a permit authorizing the use of the city right of way for a
designated purpose and for a period of time exceeding one year in duration.
Limited right of way use permit shall mean a permit authorizing the use of the city right of way for a
designated purpose and for a period of time limited to one year or less. (Ord. No. 90 50, S 1, -1 3 90)
SECTION 7. Chapter 13, Article III, Section 13-71, of the Federal Way City Code is hereby repealed
as follows:
13 71 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except '.",here the context clearly indicates a different meaning:
City building shall mean any building or portion thereof, owned or leased by the city and includes all
areas of a building owned or leased by the city in its entirety, including but not limited to elevators,
restrooms, waiting areas, hallways, lobbies, reception areas, council chambers, lunchrooms and employee
offices.
Smoke or smoking shall mean the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any
other lighted smoking equipment. (Ord. No. 90 36, S 1, 2 20 90)
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Page 6 of 90
SECTION 8. Chapter 13, Article N, Section 13-91, of the Federal Way City Code is hereby repealed
as follows:
13 91 Definitions.
The follO\ving 'Nords, terms and phrases, 'Nhen used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context dearly requires othen-vise. Terms not defined here
are defined according to FWCC 1 2.
"O..vner of an interest in .i!!!Lreal estate" means the o'.:vners of any fee title, mortgagors, and contract
vendees. (Ord. No. 91 107, ~ 1(13.1),93 91)
SECTION 9. Chapter 13, Article V, Section 13-121, of the Federal Way City Code is hereby repealed
as follows:
13 121 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1 2.
'l.ctivity' means parades, runs, 'Nalks, processions, marches, races, block parties, demonstrations,
exhibitions, rallies, and other similar short term private uses of public right of ','lay which do not involve
the significant physical disturbance of the public right of way.
'Block party' means an event that includes the closure of a dead end public street.
SECTION 10. Chapter 13, Article VI, Section 13-161, of the Federal Way City Code shall be
amended to read as follows:
13-161 Definitions.
F or the purpose of this article and unless the context plainly requires othen-vise, the following terms shall
ha',"e the following meanings: The definitions in this section apply throughout this article unless the
context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or in
FWCC 1-2 in that order.
(1) ,^.butting property means all property ha'/ing a frontage upon the sides or margins of any public right
of way.
(2) Curb means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of
the street and to separate the vehicular portion from that provided for pedestrians.
(3) City means the city of Federal Way, a Washington lIRlnicipal corporation.
(4) City council means the city of Federal Way council acting in its official capacity.
(5) Director means the director of the city of Federal '.Vay public works department or his or her designee.
(6) FWCC means the Federal '.Vay City Code adopted by the city council.
p.j ~Maintenance: means the removal and disposal of debris, litter, vegetation, snow and ice from
sidewalks.
(8) Occupant means a person v/ho is occupying, controlling or possessing real property, or his or her
agent or representative.
(9) Owner means a person ,vho has legal or equitable title to real property, or his or her agent or
representative.
(10) Person means a person, firm, association, partnership, corporation or individual.
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(11) Public right of way means the land owned, dedicated or conveyed to the public or a unit of
government, providing for the mo','ement of vehicles, wheelchair and pedestrian traffic, access to abutting
property, the location of utility lines, dri','eways, appurtenances and other facilities benefitting the public.
(12) Sidewalk means all hard surfaced walkways '.vithin public rights of way in the area between the
street margin and the road'liay, including drive'Nays.
(13) Street means any street, road, boulevard, avenue, alley, lane, '.vay or place, or any portion thereof.
(Ord. No. 93-188, S 1,9-21-93)
SECTION 11. Chapter 13, Article VlI, Section 13-202, of the Federal Way City Code shall be
amended to read as follows:
13-202 Definitions.
For the purpose of this article and unless the context plainly requires otherwise, the following terms shall
have the following meanings: The definitions in this section apply throughout this article unless the
context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or in
FWCC 1-2 in that order.
(1) ,\butting property means all property haying a frontage upon the sides or margins of any public right
of way.
(2) ,\pplicant means any person filing a right of vlay permit application.
(3) City means the city of Federal 'Nay, a Washington municipal corporation.
(1) City council means the city of Federal Way council acting in its official capacity.
(5) Curb means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of
the street and to separate the vehicular area of the public right of way from the area provided for
pedestrians.
(6) Director means the director of the city's public works department or his or her designee.
(7) Emergency means a condition of imminent danger to the health, safety, and welfare of property or
persons located within the city including, without limitation, fallen branches or fallen trees 'Nithin public
rights of way, or damage to vegetation from natural consequences, such as storms, earthquakes, riots or
WfIffi:-
(8) FWCC means the Federal Way City Code adopted by the city council.
(9) ~Maintain or maintenance~ means mowing, trimming, pruning (but not including topping or tree
removal), edging, root control, cultivation, reseeding, fertilization, spraying, control of pests, insects and
rodents by nontoxic methods whenever possible, watering, weed removal, and other actions necessary to
assure normal plant growth, performed in accordance with the standards of the right-of-way vegetation
plan.
(10) Occupant means a person who is occupying, controlling or possessing real property, or his or her
agent or representative.
(11) O'.vner means a person who has legal or equitable title to real property, or his or her agent or
representative.
(12) Person means a person, firm, association, partnership, corporation or individual.
(13) Public right of v,ay means the land owned, dedicated or cOm'eyed to the public or a unit of
government, providing for the movement of ,,'ehicles, wheelchair and pedestrian traffic, access to abutting
property, the location of utility lines, appurtenances and other facilities benefitting the public.
(11) Removal means the act of cutting down or removing any vegetation, or causing the effecti','e removal
through damaging, poisoning or other direct or indirect actions resulting in the death of vegetation.
(15) Replacement vegetation means vegetation of equal species, size, quality and number to that which
has been removed in conformance with the right of way vegetation plan.
(16) Right of way vegetation plan means the plan adopted by the city containing the standards and
specifications which prescribe the vegetation to be planted, maintained, preserved, or replaced '.vithin the
Ordinance No. 09-593
Page 8 0.f90
city's public rights of way, the methods for planting, trimming, pruning and other maintenance acti';ities,
and the o','erall planting plan for the city.
(17) Sidewalk means that property betv/een the curb and the abutting property, set aside and intended for
the primary use of pedestrians but may include mixed uses such as pedestrians and bicyclists, improved
by paving with cement concrete or asphaltic concrete, including all driveways.
(18) Street means any street, road, boulevard, alley, lane, way or place, or any portion thereof.
(19) Street trees means any trees located on any street or public right of way.
(20) Topping means the severe cutting of the top of a street tree resulting in stubs beyond the branch
collar in the crown or severe cutting which removes a substantial portion of the normal canopy, disfigures
the street tree, and reduces the height.
(21) '1 egetation means all trees, plants, sh.-ubs, ground cover, grass, and other vegetation. (Ord. No. 93-
187, S 1,9-21-93)
SECTION 12. Chapter 15, Article VII, Section 15-200, of the Federal Way City Code shall be
amended to read as follows:
15-200 Definitions.
F or the purpose of this article and unless the context clearly requires otherwise, the follmving terms have
the following meanings: The definitions in this section apply throughout this article unless the context
clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2.
(1) Affected employee means a full-time employee who is scheduled to begin his or her regular work
day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week
for at least 12 continuous months. For the purposes of this article, shareholders, principles and associates
in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be
considered employees.
(2) Affected employer means a public or private employer that, for 12 continuous months, employs
100 or more full-time employees at a single worksite who are scheduled to begin their regular work day
between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays. The individual employees may
vary during the year. Construction worksites, when the expected duration of the construction is less than
two years, are excluded from this definition.
(3) Alternative mode means any type of commute transportation other than that in which the single-
occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if
they result in reducing commute trips.
(1) Alternative work schedules means programs such as compressed work weeks that eliminate work
trips for affected employees.
(5) Base year means the period from January 1, 1992, through December 31,1992, on which goals for
vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall
be based.
(6) City means the city of Federal Way.
(7) Commute trips means trips made from a worker's home to a worksite with a regularly scheduled
arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
(8) CTR plan means the city of Federal Way's plan as set forth in this article to regulate and
administer the CTR programs of affected employers within its jurisdiction.
(9) CTR program means an employer's strategies to reduce affected employees' SOY use and VMT
per employee.
(10) CTR zone means an area, such as a census tract or combination of census tracts, within the city
of Federal Way characterized by similar employment density, population density, level of transit service,
parking availability, access to high occupancy vehicle facilities, and other factors that are determined to
affect the level of SOY commuting.
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(11) Compressed work week means an alternative work schedule, in accordance with employer
policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by
working longer hours during the remaining days, resulting in fewer commute trips by the employee. This
definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being
four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work
weeks are understood to be an ongoing arrangement.
(12) Dominant mode means the mode of travel used for the greatest distance of a commute trip.
(13) Employee means anyone who receives financial or other remuneration in exchange for work
provided to an employer, including owners or partners of the employer.
(11) Employer means a sole proprietorship, partnership, corporation, unincorporated association,
cooperative, joint venture, agency, department, district or other individual or entity, whether public,
nonprofit, or private, that employs workers.
(15) Flex-time is an employer policy allowing individual employees some flexibility in choosing the
time, but not the number, of their working hours to facilitate the use of alternative modes.
(16) Full-time employee means a person other than an independent contractor, scheduled to be
employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week.
(17) Good faith effort means that an employer has met the minimum requirements identified in RCW
70.94.531 and this ordinance and is working collaboratively with the city to continue its existing CTR
program or is developing and implementing program modifications likely to result in improvements to its
CTR program over an agreed upon length of time.
(18) Implementation means active pursuit by an employer of the CTR goals of RCW 70.94.521
through 70.94.551 and this article as evidenced by appointment of a transportation coordinator,
distribution of information to employees regarding alternatives to sav commuting, and commencement
of other measures according to their CTR program and schedule.
(19) Mode means the type of transportation used by employees, such as single-occupant motor
vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, and walking.
(20) Peak period means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday,
except legal holidays.
(21) Peak period trip means any employee trip that delivers the employee to begin his or her regular
workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
(22) Proportion of single-occupant vehicle trips or sav rate means the number of commute trips over
a set period made by affected employees in sav s divided by the number of affected employees working
during that period.
(23) Single-occupant vehicle (SaV) means a motor vehicle occupied by one employee for commute
purposes, including a motorcycle.
(21) Single-occupant vehicle (SaV) trips means trips made by affected employees in says.
(25) Single worksite means a building or group of buildings on physically contiguous parcels of land
or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more
affected employers.
(26) Telecommuting means the use of telephones, computers, or other similar technology to permit an
employee to work from home, eliminating a commute trip, or to work from a work place closer to home,
reducing the distance traveled in a commute trip by at least half.
(27) Transportation demand management (TDM) means a broad range of strategies that are primarily
intended to reduce and reshape demand on the transportation system.
(28) Transportation Management Association (TMA) means a group of employers or an association
representing a group of employers in a defined geographic area. A TMA may represent employers within
specific city limits, or may have a sphere of influence that extends beyond city limits.
(29) Vehicle miles traveled (VMT) per employee means the sum of the individual vehicle commute
trip lengths in miles made by affected employees over a set period divided by the number of affected
employees during that period.
Ordinance No. 09-593
Page 100(90
(30) Waiver means an exemption from CTR program requirements granted to an employer by the city
based on unique conditions that apply to the employer or employment site.
(31) Week means a seven-day calendar period, starting on Monday and continuing through Sunday.
(32) Weekday means any day of the week except Saturday or Sunday. (Ord. No. 93-164, S
1(18.30.000),1-19-93; Ord. No. 98-313, S lA., 4-21-98)
SECTION 13. Chapter 51, Article VIII, Section 15-220, of the Federal Way City Code shall be
amended to read as follows:
15-220 Definitions.
Thc follo'.ving "lords, terms, and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indieates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Authorization means a notarized statement from a person with legal authority giving another person
legal authority to act on his or her behalf.
Costs of impoundment means the costs of removal, towing and storage incurred by a registered tow
truck operator in impounding a vehicle as provided for herein.
Court means the Federal Way municipal court.
Department means the Federal Way police department of public safety.
Director means the director of the Federal Way police department of public safety.
DWLS 1 means RCW 46.20.342(1)(a) or as hereafter amended.
DWLS 2 means RCW 46.20.342(1)(b) or as hereafter amended.
DWLS 3 means RCW 46.20.342(1)(c) or as hereafter amended.
Local ordinance means any ordinance or statute enacted by any town, city, municipality or county
regardless of what state the ordinance or statute is enacted in.
NVOL/No valid operator's license means RCW 46.20.005 or as hereafter amended.
Penalties, fines, and forfeitures mean monetary obligations in addition to costs of removal, towing
and storage of the vehicle. (RCW 46.55.110).
Registered tow truck operator means the towing company awarded the contract for performance of
impounds pursuant to FWCC 15-228(a), if the city manager exercises his or her option to seek bidders for
an exclusive towing contract, or any towing company which the director requests pursuant to FWCC 12:
228(b) to tow and impound vehicles. Registered tow truck operators shall hold a valid city of Federal
Way business license and be registered with the state of Washington pursuant to Chapter 16.55 RCW.
(Ord. No. 01-
SECTION 14. Chapter 15, Article VIII, Section 15-228, of the Federal Way City Code shall be
amended to read as follows:
15-228 Registered tow truck operators- Contracts, requirements.
(a) The city manager is authorized to seek a towing company or companies for one or more contracts
to be a city registered tow truck operator to perform towing and impounds pursuant to this chapter. Award
of any such contract or contracts shall be consistent with the city's adopted purchasing policies and
applicable state and local laws and policies, and be approved by the city manager or the city council, as
applicable. Registered tow truck operators shall hold a valid city of Federal Way business license and be
registered with the state of Washington pursuant to Chapter 46.55 RCW.
Ordinance No. 09-593
Page 11 0{90
(b) If the city manager determines not to enter into a contract for registered tow truck operator
services, the city manager may authorize the director to have any tow truck operator registered with the
state of Washington perform towing and impounds pursuant to this chapter.
(c) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant to this
chapter in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior to closing
any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow truck operator
shall release the vehicle to an individual possessing a valid Washington driver's license or a valid driver's
license from another state. '
(d) Records.
(1) With respect to any sale at auction of a vehicle impounded under this chapter, all registered
tow truck operators shall record the date of sale, the vehicle identification number of each vehicle, the
name, address and telephone number of the registered owner of the impounded vehicle being auctioned,
as well as the name, address, driver's license number and date of driver's license expiration of each buyer.
Said record shall be submitted to the director on or before December 31 st of each calendar year.
(2) A registered tow truck operator shall maintain copies of all records of all sales required
pursuant to this chapter, for at least six years, and such records shall be open at all reasonable times to the
inspection of the designated official, orhis or her duly authorized designees for inspection. (Ord. No. 01-
393,91,6-19-01; Ord. No. 03-456, 9 3,12-2-03)
SECTION 15. Chapter 16, Article III, Section 16-76, of the Federal Way City Code shall be amended
to read as follows:
16- 7 6 Definitions.
The follo\ying ','lords, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except '",here the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Basin plan means shall mean the plan and all implementing regulations and procedures including but
not limited to land use management adopted by ordinance for managing surface and stormwater
management facilities and features within individual drainage basins.
Developed parcel means shall mean any parcel altered from the natural state by the construction,
creation or addition of impervious surfaces.
Impervious surface means shall mean a hard surface area which either prevents or retards the entry of
water into the soil mantle as it entered under natural conditions preexistent to development, and/or a hard
surface area which causes water to run off the surface in greater quantities or at an increased rate of flow
from the flow present under natural conditions preexistent to development. Common impervious surfaces
include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas,
concrete or asphalt paving, gravel roads, packed earthen materials and oiled, macadam or other surfaces
which similarly impede the natural infiltration of surface water. Open, uncovered retention/detention
facilities shall not be considered as impervious surfaces for the purpose of this article.
Land use code means shall mean the type of development on a specific parcel of land as identified by
records maintained by the city as modified or supplemented by information resulting from investigation
by the surface water management division. Land use codes are preliminary indicators of the extent of
impervious surface and are used in the initial analysis to assign an appropriate rate category for a specific
parcel. "Service station," "single-family home" and "shopping center" are examples ofland use codes.
Maintenance means shall mean the act or process of cleaning, repairing or preserving a system, unit,
facility, structure or piece of equipment.
Open space means shall mean any parcel, property or portion thereof classified for current use
taxation under the provisions of Chapter 84.34 RCW, or for which the development rights have been sold
Ordinance No. 09-593
Page 12 0{90
to the county under the provisions of the King County Code chapter 26.04. This definition includes lands
which have been classified as open space, agricultural or timber lands under criteria contained in Chapter
84.34 RCW.
Parcel means shall mean the smallest separately segregated unit or plot of land having an identified
owner, boundaries and surface area which is documented for property tax purposes and given a tax lot
number by the county assessor.
Rate category means shall mean the classification in this article given to a parcel in the service area
based upon the type of land use on the parcel and the percentage of impervious surface area contained on
the parcel.
Residence means shall mean a building or structure or portion thereof, designed for and used to
provide a place of abode for human beings. The term "residence" includes the term "residential" or
"residential unit" as refening to the type of or intended use of a building or structure.
Residential parcel means shall mean any parcel which contains no more than three residences or three
residential units which are within a single structure and is used primarily for residential purposes.
Retention/detention facilities means shall mean facilities designed either to hold runoff for a short
period of time and then release it to the natural watercourse or to hold water for a considerable length of
time and disperse it by evaporation, plant absorption or infiltration into the ground.
Service area means shall mean the area described in exhibit A made a part of this article and on file in
the office of the city clerk.
Stormwater control facilities means shall mean any facility improvement, development, property or
interest therein, made, constructed or acquired for the purpose of controlling or protecting life or property
from any storm, waste, flood or surplus waters.
Surface and stormwater management system means shall mean the system comprised of stormwater
control facilities and any other natural features which store, control, treat and/or convey surface and
stormwater.
Undeveloped parcel means shall mean any parcel which has not been altered from its natural state by
the construction, creation, or addition of impervious surfaces. (Ord. No. 90-32, 9 1, 2-13-90)
SECTION 16. Chapter 18, Article II, Section 18-27, of the Federal Way City Code shall be amended
to read as follows:
18-27 Adoption by reference.
The city adopts by reference The following provisions of the , as now existing or amended, the basic
requirements of the Washington Administrative Code are adopted by reference: applying to the State
Environmental Policy ,^.ct process as follows:
(1) 197-11-040, Definitions.
(2) 197-11-050, Lead agency.
(3) 197-11-055, Timing of the State Environmental Policy Act process.
(4) 197-11-060, Content of environmental review.
(5) 197-11-070, Limitations on action during State Environmental Policy Act process.
(6) 197-11-080, Incomplete or unavailable information.
(7) 197-11-090, Supporting documents.
(8) 197-11-100, Information required of applicants.
(9) 197-11-158, GMA project review - Reliance on existing plans, laws, and regulations.
(10) 197-11-164, Planned actions - Definition and criteria.
(11) 197-11-168, Ordinances or resolutions designating planned actions - Procedures for adoption.
(12) 197-11-172, Planned actions - Project review.
(13) 197-11-210, SEPAJGMA integration.
(14) 197-11-220, SEPAJGMA definitions.
Ordinance No. 09-593
Page 13 of90
(15) 197-11-228, Overall SEPAlGMA integration procedures.
(16) 197-11-230, Timing of an integrated GMAlSEP A process.
(17) 197-11-232, SEPAlGMA integration procedures for preliminary planning, environmental
analysis, and expanded scoping.
(18) 197-11-235, Documents.
(19) 197-11-238, Monitoring.
(20) 197-11-700, Definitions.
(21) 197-11-702, Act.
(22) 197-11-704, Action.
(23) 197-11-706, Addendum.
(24) 197-11-708, Adoption.
(25) 197-11-710, Affected tribe.
(26) 197-11-712, Affecting.
(27) 197-11-714, Agency.
(28) 197-11-716, Applicant.
(29) 197-11-718, Built environment.
(30) 197-11-720, Categorical exemption.
(31) 197-11-72 L Closed record appeal.
(32) 197-11-722, Consolidated appeal.
(33) 197-11-724, Consulted agency.
(34) 197-11-726, Cost-benefit analysis.
(35) 197-11-728, County/city.
(36) 197-11-730, Decision maker.
(37) 197-11-732, Department.
(38) 197-11-734, Determination of non significance.
(39) 197-11-736, Determination of significance.
(40) 197-11-738, Environmental impact statement.
(41) 197-11-740, Environment.
(42) 197-11-742, Environmental checklist.
(43) 197-11-744, Environmental document.
(44) 197-11-746, Environmental review.
(45) 197-11-750, Expanded scoping.
(46) 197-11-752, Impacts.
(47) 197-11~754, Incorporation by reference.
(48) 197-11-756, Lands covered by water.
(49) 197-11-758, Lead agency.
(50) 197-11-760, License.
(51) 197-11-762, Local agency.
(52) 197-11-764, Maioraction.
(53) 197-11-766, Mitigated determination of nonsignificance.
(54) 197-11-768, Mitigation.
(55) 197-11-770, Natural environment.
(56) 197-11-772, National Environmental Protection Agency.
(57) 197-11-774, Nonproiect.
(58) 197-11-775, Open record hearing.
(59) 197-11-776, Phased review.
(60) 197-11-778, Preparation.
(61) 197-11-780, Private proiect.
(62) 197-11-782, Probable.
(63) 197-11-784, Proposal.
Ordinance No. 09-593 Page 14 of90
(64) 197-11-786, Reasonable alternative.
(65) 197-11-788, Responsible official.
(66) 197-11-790, State Environmental Policy Act.
(67) 197-11-792, Scope.
(68) 197-11-793, Scoping.
(69) 197-11-794, Significant.
(70) 197-11-796, State agency.
(71) 197-11-797, Threshold determination.
(72) 197-11-799, Underlying governmental action. (Ord. No. 90-40, 9 1(20.20),2-27-90; Ord. No.
04-468,93,11-16-04)
SECTION 17. Chapter 18, Article II, Section 18-28, of the Federal Way City Code shall be amended
to read as follows:
18-28 i\dditional definitions. Definitions.
In addition to those definitions contained 'Nithin W/\C 197 11 700 through 197 11 799 as now existing
or amended, when used in this article the following terms shall have these meanings, unless the content
indicates otherwise: Unless defined in WAC 197-11-700 through WAC 197-11-799. the definitions in
this section apply throughout this article unless the context clearly requires otherwise. Terms not defined
within WAC 197-11-700 through WAC 197-11-799 or in this section are defined according to FWCC 22-
1 or 1-2, in that order.
Critical aquifer recharge area shall mean areas in which water reaches the zone of saturation by
surface infiltration. Thcse arcas arc hydrogeologically susceptible to contamination and contamination
loading potential including but not limited to such areas as sole water source aquifer recharge areas,
special protection groundwater management areas, v/ellhead protection areas, and other areas with a
critical recharging effect on aquifers used for potable water.
Department shall mean any division, subdivision or organizational unit of the city established by
ordinance, rule or order.
Early notice means shall mean the city's response to an applicant stating whether it considers issuance
of a determination of significance likely for the applicant's proposal.
Fish and wildlife habitat conservation area means shall mean the management of land for maintaining
species in suitable habitats within their natural geographic distribution so that isolated subpopulations are
not created. Habitat conservation areas include but are not limited to such areas as:
(1) Areas with which endangered, threatened, and sensitive species have a primary association;
(2) Habitats and species oflocal importance;
(3) Commercial and recreational shellfish areas;
(4) Kelp and eelgrass beds; herring and smelt spawning areas;
(5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish
or wildlife habitat;
(6) Waters of the state;
(7) Lakes, ponds and streams planted with game fish by a governmental or tribal entity;
(8) State natural area preserves and natural resource conservation areas; or
(9) Streams.
Frequently flooded area means shall mean lands in the floodplain subject to a one percent or greater
chance of flooding in any given year including but not limited to such areas as streams, lakes, coastal
areas and wetlands.
Geologically hazardous areas shall mean' areas that, because of their susceptibility to erosion,
landsliding, seismic or other geological events, are not suited to siting commercial, residential or
Ordinance No. 09-593
Page 15 of90
industrial development consistent with public health or safety concerns. Geologically hazardous areas
include the following areas:
(1) Erosion hazard areas are those areas having severe to very severe erosion hazard due to
natural agents such as wind, rain, splash, frost action or stream floY/.
(2) Landslidc hazard areas arc those areas potentially subject to episodic dO'Nnslope movement of
a mass of soil or rock including but not limited to the following areas:
a. ,^.ny area with a combination of:
1. Slopes greater than 15 percent;
2. Permeable scdiment (predominately sand and gravel) overl)'ing relatively impermeable
sediment or bedrock (typically silt and clay); and
3. Springs or groundwater seepage.
b. ,^.ny area which has shown movement during the Holocene epoch, from 10,000 years ago
to the present, or which is underlain by mass wastage debris of that epoch.
c. l..ny area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States Department of .^.grieulture Soil Conservation
Service as having a severe limitation for building site development.
f. Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent
slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to seyere risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of low density usually in association with
a shallow groundwater table.
(1) Steep slope hazard areas arc those areas with a slope of 10 percent or greater and with a
vertical relief of 10 or morc feet, a '..ertical rise of 10 feet or more for ever/ 25 feet of horizontal distancc.
/\ slope is delineated by established its toe and top and measured by averaging the inclination over at least
10 feet of vertical relief.
Regulated lakes shall mean Wetlands Nos. 8 21 1 26, 721 1 71, 11 21 3 9, 11 21 3 2, 11 21 3 5,
13 21 3 12,921 1 38, 1721 1 55, 2021 1 57, and 20 21 1 61 as shown in the June 19, 1999, city of
Federal 'Nay final wetland inventory report, e:xcept vegetated areas meeting the definition of "regulated
wetland" located around the margins of regulated lakes shall be considered regulated wetlands.
State Environmental Policy Act rules means shall mean Chapter 197 -11 WAC adopted by the
Department of Ecology.
Stream shall mean courses or routes, formed by nature, including those modified by man, and
generally consisting of a channel with a bcd, banks or sides throughout substantially all their length, along
'.'/hich surface waters naturally and normally flow in draining from higher to lovler elevations. j\ stream
need not contain water year round. In a developing setting, streams may run in culverts or may be
channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to inelude
irrigation ditches, storm'.vater facilities or other artificial waterCOl.H"ses unless they arc used by resident or
anadromous salmonid fish, or the feature was constructed to convey natural streams which existed prior to
construction of the watercourse.
Wcllhead capture zone ~ shall mean an area in which groundwater is calculated to travel to a
pumping well. Capture zones are usually defined according to the time that it takes f-or water within a
particular zone to travel to a v;ell. Calculated capture zones usually only approximate actual captl.H"e zones
as a result of assumptions required to conduct the calculation.
Ordinance No. 09-593
Page 16 0{90
Wellhead proteetion area (\VHP A) ~ shall mean the surface and subsurface area surrounding a
well or wellfield that supplies a public water system through which eontaminants are likely to pass and
eventually reach the vlater welles) as designated nnder the Federal Clean 'Vater ,\et.
Wetlands means those areas that are inundated or satocated by surface or groundv/ater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vcgetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas.
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology publication No. 96 94) as set forth in vn.c 173 22 080, as it exists as of November 1, 1999, or
os subsequently amended, will be used for identification and delineation of wetlands v/ithin the city.
l\lthough a site specific wetland may not meet the criteria described above, it '.vill be considered a
regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated vletlands means:
(l) Those \-yctlands, as described belov.', which fall into one or more of the following categories:
a. Category I wetlands meet one ofthe following criteria:
1. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptional local significance including but not limited to estuarine systems, peat
bogs and fens, mature forested "vetlands, groundwater exchange areas, significant habitat or unique
educational sites; or
3. Have three or more wetland classes, one of which is open water.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, and meet one of the follO\ving criteria:
1. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
2. Are greater than one acre in size in its entirety; or
3. Are less than or equal to one acre in size in its entirety and have t';;o or more wetland
classes, with neither class dominated by non native in','asive species.
e. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristies
~ Category I or II ',yetlands.
(2) See definition of "regulated lakes."
Working day shall mean a day upon 'llhich the city is open for business. Other references to days refer to
calendar days. (Ord. No. 90 10, ~ 1 (20.30), 2 27 90; Ord. No. 91 1 05, ~ 5(20.30), 8 20 91; Ord. No. 04
468, ~ 3, 11 16 01)
SECTION 18. Chapter 18, Article II, Section 18-116, of the Federal Way City Code is hereby
repealed as follows:
18 116 Definitions Adoption by referenee.
The city adopts by reference the following sections of Chapter 197 11 \'1 AC as now existing or amended,
and as supplemented in this chapter:
(1) 197 11 700, Definitions.
(2) 197 11 702, ,\ct.
(3) 197 11 701, ,\ction.
(1) 197 11 706, .^.ddcndum.
(5) 197 11 708, /\doption.
(6) 197 11 710, ,\ffected tribc.
(7) 197 11 712,,\ffecting.
Ordinance No. 09-593
Page 17 of90
(8) 197 11 711, ,''-gency.
(9) 197 11 716, Applicant.
(10) 197 11 718, Built environment.
(11) 197 11 720, Categorical exemption.
(12) 197 11 721, Closed record appeal.
(13) 197 11 722, Consolidated appeal.
(11) 197 11 721, Consulted agency.
(15) 197 11 726, Cost benefit analysis.
(16) 197 11 728, County/city.
(17) 197 11 730, Decision maker.
(18) 197 11 732, Department.
(19) 197 11 734, Determination of nonsignifieance.
(20) 197 11 736, Determination of significance.
(21) 197 11 738, Environmental impact statement.
(22) 197 11 740, Environment.
(23) 197 11 712, Environmental checklist.
(21) 197 11 711, Environmental document.
(25) 197 11 716, Environmental re'/iev.'.
(26) 197 11 750, Expanded scoping.
(27) 197 11 752, Impacts.
(28) 197 11 751, Incorporation by reference.
(29) 197 11 756, Lands covered by water.
(30) 197 11 758, Lead agency.
(31) 197 11 760, License.
(32) 197 11 762, Local agency.
(33) 197 11 761, Major action.
(31) 197 11 766, Mitigated detcnnination of non significance.
(35) 197 11 768, Mitigation.
(36) 197 11 770, Natural en','ironment.
(37) 197 11 772, National Environmental Protection ,^.gency.
(38) 197 11 771, Nonproject.
(39) 197 11 775, Open record hearing.
(10) 19711 776, Phased review.
( 11) 197 11 778, Preparation.
(12) 197 11 780, Private project.
(13) 197 11 782, Probable.
(11) 197 11 781, Proposal.
(15) 197 11 786, Reasonable alternative.
(16) 197 11 788, Responsible official.
(17) 197 11 790, State Enyironmental Policy ,^.ct.
(18) 197 11 792, Scope.
(19) 197 11 793, Scoping.
(50) 197 11 791, Significant.
(51) 197 11 796, State agency.
(52) 197 11 797, Threshold detcnnination.
(53) 197 11 799, Underlying gO'lernmental action. (Ord. No. 90-40, S 1 (20.260), 2-27-90; Ord. No. 04-
468, S 3, 11-16-04)
Ordinance No. 09-593
Page 18 of90
SECTION 19. Chapter 18, Article III, Section 18-163, of the Federal Way City Code shall be
amended to read as follows:
18-163 Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in this chapter, Chapter n FWCC,
Chapter 90.58 RCW, and Chapter 17326 \V,^.C shall apply. Unless defined in WAC 197-11-700 through
WAC 197-11-799, the definitions in this section apply throughout this article unless the context clearly
requires otherwise. Terms not defined within WAC 197-11-700 through WAC 197-11- 799 or defined in
this section are defined according to Title 14 FWRC, Chapter 90.58 RCW, Chapter 173-26 WAC, FWCC
22-1. or FWCC 1-2, in that order.
Access:
(1) Public access means actual. physical. unobstructed access available to the general public from
land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark.
(2) Limited limited public access means:
(1) W /\ctual physical access from land to the ordinary high water mark or to the wetland
directly abutting the ordinary high water mark, such access being public access limited to specific groups
of people or to certain regularly prescribed times; or
(2}(.hL Visual access available to the general public to the shoreline and adjacent water body,
such access being specifically provided for in the development of the site.
,^.ccess: public access means actual unobstructed access available to the general public from land to
the ordinary high ',vater mark or to tho wetland directly abutting the ordinary high water mark.
Average grade level means, for structures built on land, the average of the natural or existing
topography at the center of all exterior walls of a building or structure to be placed on a site; provided,
that QL. in the case of structures to be built over water, average grade level shall be means the elevation er
of ordinary high water.
Backshore means a berm, together with associated marshes or meadows, on marine shores landward
of the ordinary high water mark which is normal above high tide level and has been gradually built up by
accretion.
Beach feeding means landfill deposited on land, or in the water, to be distributed by natural water
processes for the purpose of supplementing beach material.
Berm means one or several linear mounds of sand and gravel generally paralleling the shore at, or
landward of, the ordinary high water mark which are normally stable because of material size or
vegetation.
Breakwater means an off-shore structure, either floating or not, which mayor may not be connected
to the shore, such structure being designated to absorb and/or reflect back into the water body the energy
of the waves.
Bulkhead means a solid or open pile of rock, concrete, steel, timber, other materials, or a combination
of these materials erected generally parallel to and near the ordinary high water mark for the purpose of
protecting adjacent shorelands and uplands from waves or currents.
Class I beach means a beach or shore having dependable, geologically fully developed, and normally
dry backshore above high tide.
Class II beach means a beach or shore having only marginally, geologically partially developed, and
not dependably dry backshore above high tide.
Class III beach means a beach or shore having no dry backshore available at high tide.
Department means the department of community development, also known as the department of
community development services, unless the context indicates otherwise.
Environment, or master program environment, or shoreline environment means the categories of
shorelines of the state established by the city of Federal Way shoreline management master program to
Ordinance No. 09-593
Page 19 of90
differentiate between areas whose features imply differing objectives regarding their use and future
development.
Float means a structure or device which is not a breakwater and which is moored, anchored, or
otherwise secured in the waters of Federal Way, and which is not connected to the shoreline.
Groin means a barrier type structure extending from the backshore into the water across the beach.
The purpose of a groin is to interrupt sediment movement along the shore.
Jetty means an artificial barrier used to change the natural littoral drift to protect inlet entrances from
clogging by excess sediment.
Littoral drift means the natural movement of sediment along marine or lake shorelines by wave
breaker action in response to prevailing winds.
Non-water-oriented uses means those uses which have little or no relationship to the shoreline and are
not considered priority uses under the SMA. Examples include professional offices, automobile sales or
repair shops, mini-storage facilities, multifamily residential development, department stores, and gas
stations.
Stringline setback means a straight line drawn between the points on the primary buildings having the
greatest projection (including appurtenant structures such as decks) waterward on the two adjacent
properties.
Water-dependent use means a use or portion of a use which cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent
uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading
facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls.
Water-enjoyment use means a use that is open to the general public; in which the shoreline oriented
space within the proiect must be devoted to the specific aspects of the use that fosters shoreline
enioyment; and which either has (a) as a primary characteristic a public recreational use, or--ffiher f! use
facilitating public access to the shoreline as a primary characteristic of the use; or (b) as a general
characteristic a use that provides fer-recreational use or aesthetic enjoyment of the shoreline for a
substantial number of people as a general characteristic of the use and which through the location, design
and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. ffi
order to qualify as a water enjoyment use, the use must be open to the general public and the shoreline
oriented space ',vithin the project must be devoted to the specific aspects of the use that fosters shoreline
enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, and piers~ and other
improvements facilitating public access to shorelines of the state; and general General water-enjoyment
uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves,
resorts and mixed-use commercial,; provided, that where such uses conform to the above water
enjoyment specifications and the provisions of the master program.
Water-oriented means any combination of water-dependent, water-related, and/or water-enjoyment
uses~ and serves as an all-encompassing definition for priority uses under the SMA.
Water-related means a use or portion of a use which is not intrinsically dependent on a waterfront
location but whose economic vitality is dependent upon a waterfront location because:
(1) Of a functional requirement for a waterfront location such as the arrival or shipment of
materials by water or the need for large quantities of water; or
(2) The use provides a necessary service supportive of the water-dependent commercial activities
and the proximity of the use to its customers makes its services less expensive and/or more convenient.
Examples include professional services serving primarily water-dependent activities and storage of water-
transported foods. (Ord. No. 98-323, S 3, 12-1-98; Ord. No. 99-355, S 3,11-16-99)
SECTION 20. Chapter 19, Article IV, Section 19-151, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No. 09-593
Page 20 of90
19-151 Definitions.
For the purpose of this article the t<:limS, phrases, 'Nords and their derivations have the following
definitions. When not inconsistent 'Jlith the context, words used in the present tense include the future
tense, words in the plural number include the singular number, and v/ords in the singular number include
the plural number. The 'Nord "shall" is always mandatory. The "'lOrd "may" is pennissive. The definitions
in this section apply throughout this article unless the context clearly requires otherwise. Terms not
defined here are defined according: to FWCC 22-1 or 1-2 in that order. The public works director shall
have the authority to resolve questions of interpretation or conflicts within this article.
---fl-j Affected intersection means any intersection within the city meeting the requirements of FWCC
19-157 and having a direct traffic impact as a result of development activity.
(2) "^..pplicant means a person '.vho applies for a capacity reserve certificate (CRe) under this article
and who is the owner of the subject property or the authorized agent of the property o'.vner.
~ Background traffic means existing traffic levels and the anticipated traffic from all proposals for
which CRCs have been approved under the provisions of this article.
--f4j Build-out year conditions means the volume of traffic that is projected to occur on the roadway
system as of the anticipated date of occupancy of a proposal. Traffic conditions include regional traffic
and the anticipated traffic from all proposals for which CRCs have been approved under the provisions of
this article.
~ Capacity means the availability of an affected intersection to accommodate increased traffic
resulting from a development without causing the LOS to fall below the standards established in the
comprehensive plan.
~ Available capacity means capacity which can be encumbered, reserved, or committed to future
users, expressed in an appropriate unit of measure, such as p.m. peak hour trips.
----f+j Reserved capacity means capacjty which has been allocated to a particular property through
issuance of a capacity reserve certificate reserving capacity for a set period of time.
--f81 Capacity reserve certificate (CRe) means the certificate issued by the city pursuant to the terms
and conditions of this article which constitutes the proof that adequate capacity for each affected
intersection has been reserved to serve the densities and intensities of development within the time frame
designated on the certificate.
(9) City of Federal Way development standards means those standards adopted by the Federal Way
public works director.
(10) Concurrency evaluation means the evaluation by the director to ensure that necessary roadway
improvements are made concurrent with proposed development activity, pursuant to RCW 36.70A.070.
(11) Concurrency denial letter means a letter issued by the director which summarizes the results of
the concurrency evaluation and the reason for denying the request for a concurrency reserve certificate.
(12) Concurrency management means the process local jurisdictions use to ensure that necessary
roadway improvements are made concurrent with proposed development activity, pursuant to RCW
36.70A.070.
(13) Development activity means any work, condition, or activity which requires a permit or approval
under the city's subdivision, zoning, or building code. Exempt permits are set forth in FWCC 19 156.
(11) Development approyal means written authorization from the city authorizing the commencement
of development activity or use.
(15) Development permit means any permit or approval under the city's subdi'/ision, zoning, or
building code that must be obtained bofore initiating a use or development aoti'lity.
(16) Direct traffic impact means any net increase in vehicle traffic generated by a proposed
development.
(17) Director means the director of the department of public works of the city of Federal 'Nay or
her/his designee.
(18) Level of service (LOS) means a qualitative measure describing operational conditions within a
traffic stream, described with alphabetical representations of "A" through "F" as defined in the Highway
Ordinance No. 09-593
Page 21 0{90
Capacity Manual prepared by the Transportation Research Board of the National Research Council, to
indicate the amount of congestion and delay at particular locations, and adopted by the city.
(19) Net new trips means the trip generation of the development activity less any allowable credit for
existing activity that will be replaced, demolished or abandoned as part of the development activity.
(20) Owner means, in reference to real property, the person or persons holding fee title to the property
as well as the purchaser or purchasers under any real estate contract involving the real property.
(21) Peak hour means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00
p.m. on weekdays.
(22) Select zone analysis means a travel demand model analysis that identifies trips generated within
a selected transportation analysis zone.
(23) Six-year transportation improvement program (TIP) means the annually adopted transportation
improvement program which identifies all the city's transportation needs over the next six years,
including the total project costs.
(21) Standards means the adopted city of Federal Way development standards.
(25) Total project cost means the total cost for the transportation projects, as defined in the current
TIP. This cost includes, but is not limited to, studies, design, right-of-way acquisition, utility relocation,
grading, and construction.
(26) Transportation analysis zone means the area defined within a travel demand model representing
all the land uses contained within that area.
(27) Trip assignment means the determination within a travel demand model of the number and type
of trips using a defined roadway.
(28) Trip distribution means the determination within a travel demand model of the number and type
of trips traveling between any given pair of transportation analysis zones.
(29) Trip generation means the number of peak hour trips estimated to be produced by the
development activity using Institute of Traffic Engineers (ITE) Trip Generation, current edition, or other
methodology approved by the director.
(30) Trip generation credit means a reduction in the number of new peak hour trips attributed to an
application as described in FWCC 19-158, equal to the number of peak hour trips generated on the site
described on the application from uses that have had a SEP A analysis prior to the effective date of the
ordinance adopting this article that have ceased or will cease if the development permit is granted. (Ord.
No. 06-525, S I (Exh. A), 6-6-06)
SECTION 21. Chapter 20, Article I, Section 20-1, of the Federal Way City Code shall be amended to
read as follows:
20-1 Definitions.
The following ......ords, terms and pocases, when used in this chapter, shall have the meanings ascribed to
them in this section, except '."here the context clearly indicates a different meaning: The definitions in this
section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined
here are defined according to FWCC 22-1 or 1-2 in that order.
Binding site plan means a plan drawn to scale processed in accordance with the provisions of this
chapter and Chapter 58.17 RCW. Binding site plans are divisions of land for sale or ground lease for
commercial, industrial, manufactured home parks, and condominium use.
Dedication means the deliberate appropriation of land by its owner for general and public use or
purpose, reserving no other rights than these that are compatible with the full exercise and enjoyment of
the public use or purpose to which the property has been devoted.
Department means an administrative department of the city titled the department of community
development services.
Director means the director of community development unless otherwise indicated.
Ordinance No. 09-593
Page 22 0{90
Final plat means the final drawing of the subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth for final plats in this
chapter and as required by state law.
Hearing examiner mcans the hearing examiner operating pursuant to the powers and duties set forth
by Chapter II F'.VCC, Zoning.
Issuance, when used with respect to a decision of the director of community development services or
a decision of the hearing examiner issued under this chapter, means the date that is three days after the
date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be affidavit
or by declaration under penalty of perjury.
Issuance, when used with respect to a city council decision made by ordinance or resolution while
sitting in a quasi judicial capacity, means the dote on which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
Lot means a parcel of land having fixed boundaries described by reference to a recorded plat; a
recorded binding site plan; by mctes and bounds; or by section, tovlllship, and range; and bc of sufficient
area to meet minimum zoning requirements.
Lot line elimination means the removal of interior lot lines of two or more separate lots with
contiguous ownership.
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of e';idence and information, under procedures prescribed by
the city's hearing examiner or the city council. ,^.n open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Plat means a map or representation of a subdivision showing the division of a tract or parcel of land
into lots, blocks, streets, alleys, or other divisions and dedications.
Preliminary plat means a neat approximate drawing of a proposed subdivision showing the general
layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and
other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the
general layout of a subdivision.
Right of way means land dedicated or conveyed to the public or a unit of government, the primary
purpose of \vhich is the mo';ement of vehicles and pedestrians and providing for access to adjacent
parcels, with the secondary purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Short plat means a final drawing of the short subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth for short subdivisions in
this chapter and as required by state law.
Short subdivision means the division or redivision of land into four or less lots, tracts, parcels, sites,
or divisions for the purpose of sale, lease, or transfer,jncluding the division divisions of land into lots or
tracts which are one-one hundred twentieth of a section of land or larger, or five acres or larger if the land
is not capable of description as a fraction of a section of land.:.-; provided, that for For purposes of
computing the size of any lot under this section which borders on a street or road, the lot size shall be
expanded to include the area which would be bounded by the centerline of the road or street and the side
lot lines of the lot running perpendicular to such center lot line.
Subdivider, developer or platter means any person or authorized representative undertaking the
subdividing or resubdividing of a lot, block or other parcel of land.
Subdivision means the division or redivision of land into five or more lots, tracts, parcels, sites, or
divisions for the purpose of sale, lease, or transfer, including the division and all resubdivision of land
cxcept as provided in this chapter including divisions of land into lots or tracts which are one-one hundred
twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a
fraction of a section of land-,--; provided, that for For purposes of computing the size of any lot under this
section which borders on a street or road, the lot size shall be expanded to include the area which would
Ordinance No. 09-593
Page 23 0{90
be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to
such center lot line.
Tract means a fractional part of subdivided lands having fixed boundaries, which is dedicated or
reserved by appropriate covenant or plat restriction for purposes of ingress, egress, utility access, open
space, drainage or other purpose necessary to the public welfare.
Zoning restriction means the restrictions contained in Chapter 22 FWCC, Zoning. (Ord. No. 90-41, ~
1(16.20),2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-309, ~ 3,1-6-98)
SECTION 22. Chapter 21, Article I, Section 21-1, of the F ederal Way City Code shall be amended
and divided into separate sections to read as follows:
21-1 Definitions.
When used in this chapter, the follmving ''lords, terms and phmses shall have the meanings ascribed to
them in this section: The definitions in sections 21-1.1 through 21-1.26 applv throughout this chapter
unless the context clearly requires otherwise. Terms not defined in these sections are defined according to
FWCC 22-1. 18-27, 18-28, 18-163,20-1. or 1-2, in that order.
21-1.1 Definitions, A.
Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a
civil violation by such means, in such a manner, and to such an extent as the director determines is
necessary in the interest of the general health, safety, and welfare of the community.
Adjustment means a department approved variation in the application of the requirements of this
chapter and the King County Surface Water Design Manual and Federal Way Addendum to a particular
proj ect.
,\KART is an acronym for "all knO'.'lll, a','ailable, and reasonable methods of prevention, control, and
treatment." ,^J(,^.RT shall represent the most current methodology that can be reasonably required for
preventing, controlling, or abating the pollutants associated with a discharge. The concept of ,'\KJ'.RT
applies to both point and nonpoint sources of pollution.
Applicant means a property O'Nner or a public agency or public or private utility ,yhich owns a right
of ,yay or other casement or has been adjudicated the right to such an easement, or any person or entity
designated or named in writing by the property or easement owner to be the applicant, in an application
for a development proposal, permit, or approval.
Approval means the proposed work or completed work conforms to this chapter in the opinion of the
public works director.
/\quifer means a geologic stratum containing groundwater that can be withdrawn and used for human
purposes.
21-1.2 Definitions. B.
Background conditions means the biological, chemical, and physical conditions of a water body
outside the area of influence of the discharge under consideration. Background sampling locations in an
enforcement action would be up gradient or outside the area of influence of the discharge. If several
discharges to any water body exist, and enforcement action is being taken for possible violations to the
standards, background sampling would be undertaken immediately up gradient from each discharge.
When assessing background conditions in the headwaters of a disturbed watershed, it may be necessary to
use the background conditions of a neighboring or similar watershed as the reference conditions.
Base flood means the ~ flood having a one percent chance of being equaled or exceeded in any given
year~, also referred to as the "100-year flood." The base flood is determined for future flow conditions.
Base flood is designated on flood insurance rate maps by the letters A or V.
Basin means any area draining to a point of interest.
Ordinance No. 09-593
Page 240(90
Basin plan means a plan and all implementing regulations and procedures including but not limited to
capital projects, public education activities, land use management regulations adopted by ordinance for
managing surface and stormwater management facilities and features within individual sub-basins.
Berm means a constructed barrier of compacted earth.
Best management practices (BMP) (BMP's) means those practices which provide the best available
and reasonable physical, structural, managerial, or behayioral acti'/ity to reduce or eliminate pollutant
loads and/or concentrations leaving the site.
Blanket adjustment means an adjustment established by the city that can be applied routinely or
globally to all projects where appropriate. Blanket adjustments are usually based on a previously
approved adjustment and can be used to effect minor changes or corrections to the design requirements of
the King County Surface Water Design Manual, and Federal Way Addendum or to add new designs and
methodologies to that manual.
BMP Manual means the King County "Stormwater Pollution Control Manual" (and supporting
documents as appropriate) describing best management practices, design, maintenance, procedures, and
guidance.
21-1.3 Definitions. C.
Change of use shall be determined to have occurred when it is found that thc general character of the
operation has been modified.
Channel means a long, narrow excavation or surface feature that conveys surface water and is open to
the air.
Chapter moans Chapter 21 FWCC any administrative rules and regulations adopted to implement it.
Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical
methods.
Closed depression means an area which is low lying and either has no surface water outlet or has such
a limited outlet, that during storm events the area acts as a retention basin, with more than 5,000 square
feet of water surface area at overflow elevation.
Commercial agriculture means those activities conducted on lands defined in RCW 84.34.020(2), and
activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be
considered commercial agriculture when the area on which it is conducted is proposed for conversion to a
nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal
or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals,
canals, or drainage ditches related to an existing and ongoing agricultural activity.
Construct or modify means to install a new drainage pipe/ditch or make improvements to an existing
drainage pipe/ditch (for purposes other than routine maintenance, repair, or emergency modifications, and
excluding driveway culverts installed as part of single-family residential building permits) that either
serve to concentrate previously unconcentrated surface and stormwater runoff to serve to increase,
decrease, and/or redirect the conveyance of surface and stormwater runoff.
Conveyance means a mechanism for transporting water from one point to another, including pipes,
ditches, and channels.
Conveyance system means the drainage facilities and features, both natural and constructed, Which
collect, contain, and provide for the flow of surface and stormwater from the highest points on the land
down to a receiving water. The natural elements of the conveyance system include swales and small
drainage courses, streams, rivers, lakes, and wetlands. The constructed elements of the conveyance
system include gutters, ditches, pipes, channels, and most flow control and water quality treatment
facilities.
21-1.4 Definitions. D.
Detention means the release of surface and stormwater runoff from the site at a slower rate than it is
collected by the drainage facility system, the difference being held in temporary storage.
Ordinance No. 09-593
Page 25 of90
Detention facility means a facility that collects water from developed areas and releases it at a slower
rate than it enters the collection system. The excess of inflow over outflow is temporarily stored in a pond
or a vault and is typically released over a few hours or a few days.
De'ielopment means any acti'iity that requires a permit or approval, including but not limited to a
building permit, grading permit, shoreline substantial development permit, conditional use permit, special
use permit, zoning yariance or reclassification, subdivision, short subdiyision, urban planned
development, binding site plan, site development, or right of way use permit.
Director means the director of the city of Federal Way public works department.
Discharge n., means runoff, excluding offsite flows, leaving the proposed development through
overland flow, built conveyance systems, or infiltration facilities.
Discharge v., means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to
cause or allow matter to flow, run, or seep from land or be thrown, drained, released, dumped, spilled,
emptied, emitted, or poured into water.
Ditch means a constructed channel with its top width less than 10 feet at design flow.
Drainage means the collection, conveyance, containment, and/or discharge of surface and stormwater
runoff.
Drainage area means an area draining to a point of interest.
Drainage basin means an area draining to a point of interest.
Drainage facility means a constructed or engineered feature that collects, conveys, stores or treats
surface and stormwater runoff. Drainage facilities shall include but not be limited to all constructed or
engineered streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control
or water quality treatment facilities, erosion and sedimentation control facilities, and other drainage
structures and appurtenances that provide for drainage.
Drainage review means an evaluation by Federal Way staff of a proposed project's compliance with
the drainage requirements in this chapter and the King County Surface Water Design Manual and Federal
Way Addendum.
21-1.5 Definitions. E.
Easement means the legal right to use a parcel of land for a particular purpose. It does not include fee
ownership, but it may restrict the owner's use of the land.
Emergency means a situation which, in the opinion of the director, requires immediate action to
prevent or eliminate an immediate threat to the health or safety of persons, property or the environment.
Engineering review means an evaluation by the Federal Way Public Works Department of a proposed
project's compliance with the drainage requirements in the King County Surface Water Design Manual,
Federal Way Addendum, and with other Federal Way requirements.
Environmentally sensitive areas means, at a minimum, areas which include wetlands, areas with a
critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas,
frequently flooded areas, and geologically hazardous areas.
Erosion means detachment and transport of soil or rock fragments by '.vater, v/ind, ice, etc.
Erosion and sediment control means any temporary or permanent measures taken to reduce erosion,
control siltation and sedimentation, and ensure that sediment-laden water does not leave the site.
Experimental BMP means a BMP that has not been tested and evaluated by the Department of
Ecology in collaboration with local governments and technical experts.
Experimental design adjustment means an adjustment used for proposing new designs or methods which
are different from those in the King County Surface Water Design Manual, and Federal Way Addendum
which are not uniquely site specific, and for which data sufficient to establish functional equivalence do
not exist.
21-1.6 Definitions, F.
Ordinance No. 09-593
Page 26 of90
Farm management plan means a comprehensive site-specific plan developed by the farm owner in
cooperation with the city taking into consideration the land owner's objectives while protecting water
quality and related natural resources.
Federal Way Addendum to KCSWDM means the companion document to the KCSWDM that adapts
the KCSWDM for development applications in the city of Federal Way. This document can be obtained
from the Federal Way public works department.
FEMA means the Federal Emergency Management Agency.
Fertilizer means any material or mixture used to supply one or more of the essential plant nutrient
elements.
Financial guarantee means a form of financial security posted to ensure timely and proper completion
of improvements in compliance with the project's engineering plan, to ensure compliance with the
Federal Way City Code, and/or to warranty materials, workmanship of improvements and design.
Financial guarantees include assignments of funds, cash deposit, surety bonds, and/or other forms of
financial security acceptable to or required by the director of public works. The terms "performance
guarantee," "drainage facilities restoration and site stabilization guarantee," and "defect and maintenance
guarantee" are considered subcategories of financial guarantee. The term "financial guarantee" replaces
the term "bond" which had been used in prior editions of the King County Surface Water Design Manual.
Flood fringe means that portion of the floodplain outside of the floodway that is covered by
floodwaters during the base flood; it is generally associated with standing water rather than rapidly
flowing water.
Floodplain means the total area subject to inundation by the base flood including the flood fringe and
floodway.
Floodway means the channel of the river or stream and those portions of the adjoining floodplains
which are reasonably required to carry and discharge the base flood flow. The portions of the adjoining
floodplains which are considered to be "reasonably required" are defined by the city flood hazard
regulations.
Flow control facility means a drainage facility designed to mitigate the impacts of increased surface
and stormwater runoff generated by site development pursuant to the drainage requirements in Federal
Way regulations. Flow control facilities are designed either to hold water for a considerable length of time
and then release it by evaporation, plant transpiration, and/or infiltration into the ground, or to hold runoff
a short period of time and then release it to the conveyance system.
Forest practicefst-means any activity conducted on or directly pertaining to forest land and relating to
growing, harvesting, or processing timber, as defined in Chapter 222 16 W.^.C.including but not limited
to, road and trail construction, harvesting, final and intermediate, pre-commercial thinning, reforestation.
fertilization, prevention and suppression of diseases and insects, salvage of trees, and brush control.
Forest practice shall not include: Forest species seed orchard operations and intensive forest nursery
operations; or preparatory work such as tree marking, surveying and road flagging; or removal or harvest
of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms,
and other products which cannot normally be expected to result in damage to forest soils, timber or public
resources.
Forest land means all land which is capable of supporting a merchantable stand of timber and is not
being actively used for a use which is incompatible with timber growing. Forest land does not include
agricultural land that is or was enrolled in the conservation reserve enhancement program by contract if
such agricultural land was historically used for agricultural purposes and the landowner intends to
continue to use the land for agricultural purposes in the future. For small forest landowner road
maintenance and abandonment planning only, the term "forest land" excludes the following:
(1) Residential home sites. A residential home site may be up to five acres in size, and must have
an existing structure in use as a residence;
Ordinance No. 09-593 Page 27 0[90
(2) Cropfields, orchards, vineyards, pastures, feedlots, fish pens, and the land on which
appurtenances necessary to the production, preparation, or sale of crops, fruit. dairy products, fish, and
livestock exist.
Full drainage review means the basic evaluation required by this chapter of a proposed project's
compliance with the full range of core and special requirements in the King County Surface Water Design
Manual and Federal Way Addendum. This review addresses the impacts associated with adding new
impervious surface and changing land cover on typical sites. Full drainage review is required for any
proposed project that would not be eligible or subject to one of the drainage reviews which targets certain
types of projects.
21-1.7 Definitions. G.
Grade n., means either the slope of a road, channel, or natural ground.,....+he; or the finished surface of
a canal bed, roadbed, top of embankment, er bottom of excavation, or~ any surface prepared for the
support of construction {such as paving or the laying of a conduit).
Grade v., means to finish the surface of a canal bed, roadbed, top of embankment or bottom of
excavation.
Groundvlater means water in a saturated zone or stratum beneath the surface of land or below a
surface water body.
21-1.8 Definitions. H.
Harmful materials means substances that may create a public nuisance or constitute a hazard to
humans, animals, fish or fowl, or any solid dangerous or extremely hazardous waste, as defined by
Chapter 173-304 WAC (Minimum Functional Standards for Solid Waste Handling) or Chapter 173-303
WAC (Dangerous Waste Regulations). "Harmful materials" also include substances that, when released
into the environment, may cause noncompliance with Chapter 246-290 WAC (Public Water Supplies),
Chapter 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington),
Chapter 173-201 WAC (Water Quality Standards for Surface Waters of the State of Washington),
Chapter 173-204 WAC (Sediment Management Standards), or Chapter 173-340 WAC (The Model
Toxics Control Act Cleanup Regulation).
High-use site means anyone of the following:
(1) A commercial or industrial site subject to an expected average daily traffic (ADT) count equal
to or greater than 100 vehicles per 1,000 square feet of gross building area; or
(2) A commercial or industrial site subject to petroleum storage and transfer in excess of 1,500
gallons per year, not including routinely delivered heating oil; or
(3) A commercial or industrial site subject to use, storage, or maintenance of a fleet of 25 or more
diesel vehicles that are over 10 tons net weight (trucks, buses, trains, heavy equipment, etc.); or
(4) A road intersection with a measured ADT count of 25,000 vehicles or more on the main
roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects proposing
primarily pedestrian or bicycle use improvements.
21-1.9 Definitions. I.
Illicit discharge means all nonstormwater discharges to stormwater drainage systems that cause or
contribute to a violation of state water quality, sediment quality or groundwater quality standards,
including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car
washing and greywater systems.
Impervious surface means a hard or compacted surface area which either prevents or retards the entry
of water into the soil mantle as under compared to natural conditions prior to development,~ and,Ler
includes a hard or compacted surface area which causes water to run off the surface in greater quantities
or at an increased rate of flow from the flow present under natural conditions prior to development.
Common impervious Impervious surfaces include, but are not limited to, pavement, graveL roofs, Feef
Ordinance No. 09-593
Page 28 of90
teps, walkways, patios, driveways, parking lots, 6f storage areas, concrete, 6f asphalt paving, gm>rel
roads, packed earthen materials, 8fld-oiled surfaces, macadam, er and other surfaces which similarly
impede the natural infiltration of surface aftd or stormwater runoff. Open, uncovered flow control or water
quality treatments facilities shall not be considered impervious surfaces" fsee See also "new impervious
surface").
Improvement means those structures commonly provided v/hen land is converted from its natural to a
developed state. Examples include roads (...vith or without curbs or gutters), sidewalks, cross'Nalks,
parking lots, water mains, sanitary and storm SCV/ers, drainage facilities, street trees, and other appropriate
item!r.
21-1.10 Definitions. J.
21-1.11 Definitions. K.
King County Stormwater Pollution Control Manual (KCSPCM) also described as the "BMP manual," ,
means the document prepared by King County and adopted by Federal Way, that describes best
management practices, design, maintenance, procedures, and guidance.
King County Surface Water Design Manual means the manual (and supporting documents as
appropriate) describing surface and stormwater design and analysis requirements, procedures, and
guidance, and which is formally adopted herein by the city of Federal Way. The King County Surface
Water Design Manual will be available from the King County department of development and
environmental services or the department of natural resources.
21-1.12 Definitions. L.
Lake means an area permanently inundated by water in excess of two meters (seven feet) deep and
greater than 20 acres in size as measured at the ordinary high water mark.
Landslide means episodic downslope movement of a mass of soil or rock~ and includes but is not
limited to rockfalls, slumps, mudflows, and earthflows.
Leachable materials, wastes, or chemicals means those substances which, when exposed to rainfall,
measurably alter the physical or chemical characteristics of the rainfall runoff; examples include erodible
soil, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, garbage dumpster
leakage, etc.
21-1.13 Definitions. M.
Metals means elements, such as mercury, lead, nickel, zinc and cadmium, that are of environmental
concern because they do not degrade over time. Although many are necessary nutrients, they are
sometimes magnified in the food chain, and they can be toxic to life in high enough concentrations.
Mitigation means the reduction of a potential impact by the use of any or all of the following actions
that are listed in descending order of preference:
(I ) Avoiding the impact altogether by not taking a certain action or part of an action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation,
by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(3) Rectifying the impact by repairing, rehabilitating or restoring the sensitive area;
(4) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the development proposal;
(5) Compensation for the impact by replacing, enhancing, or providing substitute sensitive areas;
(6) Monitoring the impact and taking appropriate corrective measures.
Monitoring means the collection and analysis of data by various methods for the purposes of
understanding natural systems and features, evaluating the impacts of development proposals on the
biological, hydrologic, and geologic elements of such systems, and assessing the performance of
mitigation measures imposed as conditions of development.
Ordinance No. 09-593
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21-1.14 Definitions, N.
National Pollutant Discharge Elimination System or NPDES means the national program for
controlling pollutant discharges into waters of the United States under the Clean Water Act.
National Pollutant Discharge Elimination System permit, or NPDES permit, means an authorization,
license, or an equivalent control document issued by the Environmental Protection Agency or the
Washington State Department of Ecology to implement the requirements of the NPDES program.
Natural location means the location of those channels, swales, and other non-manmade conveyance
systems as defined by the first documented topographic contours existing for the subject property, either
from maps or photographs, or such other means as appropriate.
New impervious surface means the addition of impervious surfaces a hard or compacted surface such
as pavement, gra'lel, dirt, or roofs, or the addition of a more impervious compacted surface~ such as the
paving of pre-existing dirt or gravel.
Nutrient means one of the essential chemicals needed by plants or animals for growth. Excessive
amounts of nutrients can lead to degradation of water quality and excessive algae growth. Some
nutrients can be toxic at high concentrations.
21-1.15 Definitions. O.
Offsite flows means runoff conveyed to a proposed project from adjacent properties.
Omission means a failure to act.
Onsite means the site that includes the proposed development (see "site").
Ordinary high water mark means the mark that ',',ill be found by examining the bed and banks of a
stream and ascertaining where the presence and action of waters are so common and usual, and so long
maintained in all ordinary years, as to mark upon the soil a character distinct from that of the abutting
upland, in respect to vegetation. In any area where the ordinary high "vater mark cannot be found, the line
of mean high water shall substitute. In any area where neither can be found, the channel bank shall be
substituted. In braided channels and allm'ial fans, the ordinary high water mark or substitute shall be
measured so as to include the entire stream feature.
Overtopping means to flow over the limits of a containment or conveyance elements.
21-1.16 Definitions, P.
Person means any indi'/idual (including their agents or assigns), partnership, corporation, association,
business, organization, cooperative, public or municipal corporation, or government agency, ho\'/cver
designated.
Pesticide means any substance (usually chemical) used to destroy or control organisms; include
herbicides, insecticides, algicides, fungicides, and others. Many of these substances are manufactured and
are not naturally found in the environment. Others, such as pyrethrum, are natural toxins which are
extracted from plants and animals.
Plat means a map or representation of a subdivision showing the division of a tract or parcel of land
into lots, blocks, streets, or other diyisions and dedications.
Pollution means contamination or other alteration of the physical, chemical, or biological properties,
of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or
such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as
will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public
health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
Pollution-generating impervious surface means an impervious surface considered to be a significant
source of pollutants in surface and stormwater runoff. including but not limited to surfaces, whether
paved or not, that receive direct rainfall or the run-on or blow-in of rainfall and are regularly used either
by motor vehicles. Such surfaces include those subject to vehicular use or for the storage of erodible or
Ordinance No. 09-593b
Page 30 o{90
leachable materials, wastes, or chemicals, and which recei','e direct rainfall or the run on or blow in of
rainfall. Regularly used surfaces include roads. unvegetated road shoulders, bike lanes within the traveled
lane of a roadway, driveways, parking lots. unfenced fire lanes, diesel equipment storage yards. and
airport runways. Regularly used surfaces do not include road shoulders primarily used for emergency
parking, paved bicycle pathways, bicycle lanes adiacent to unpaved or paved road shoulders primarily
used for emergency parking, fenced fire lanes, and infrequently used maintenance access roads. Thus, a
Examples include covered parking area areas 'llould be included if runoff from uphill could regularly run
through it them or if rainfall could regularly blow in and wet the pavement surface, as well as metab
Metal roofs are also considered pollution generating impervious surfaee unless they are treated to prevent
leaching.
Pollution-generating pervious surface means a non-impervious surface with vegetative groundcover
subject to use of pesticides and fertilizers. Such surfaces include, but are not limited to, the lawn and
landscaped areas of residential or commercial sites, golf courses, parks, and sports fields.
Preapplication means the meeting(s) and/or form(s) used by applicants for some development permits
to present initial project intentions to the city of Federal V-lay. Preapplication does not mean application.
Preapphcation adjustment means an adjustment that can be requested prior to pennit application. It is
useful for when an adjustment decision is needed to determine if a project is feasible, or v/hen the
approval conditions must be known to determine if a project is viable bef-ore funding a full application.
The approval of preapplication adjustments is tied by condition to the projeet proposal presented at a
preapplication meeting ','lith the city.
Project means any proposed action to alter or develop a site which may also require drainage review.
Project site means that portion of a property or properties subject to proposed project improvements
including those required by this chapter.
21-1.17 Definitions. O.
21-1.18 Definitions. R.
Receiving waters means bodies of water or surface water systems receiving water from upstream
manmade or natural systems.
Redevelopment means, on an already developed site, the creation or addition of impervious surface;
the expansion of a building footprint or addition or replacement of a structure; structural development
including an increase in gross floor area and/or exterior construction or remodeling, where the structural
development exceeds 50 percent of the assessed or appraised value of the structure or improvement being
redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance
activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water
systems; or land disturbing activities associated with impervious redevelopment the creation. repair,
replacement. or addition of impervious surface.
Regional retention/detention system means a stormwater quantity control structure designed to
prevent or correct existing or future excess surface water runoff problems of a basin or sub-basin. The
area downstream has been previously identified as having existing or predicted significant and regional
flooding and/or erosion problems. This term is also used when a detention facility is used to detain
stormwater runoff from a number of different businesses, developments or areas within a catchment.
Regulated lakes means the following wetlands as shown in the King County \Vetlands Inyentory
Notebooks, Volume 3 South:
(l)LO\vcrPugetSound6, 7,12,15, 16 and 17;
(2) Hylebos 2, 11, 13, and 16.
Retention means the process of collecting and holding surface and stormwater runoff with no surface
outflow.
Retention/detention facility (RID) means a type of drainage facility designed either to hold water for a
considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into
Ordinance No. 09c593
Page 31 0(90
the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the
surface and stormwater conveyance system.
Run-on or blow-in of rainfall means stormwater from uphill that could regularly run through an area,
or rainfall that could regularly be blown in and wet the pavement surface.
21-1.19 Definitions. S.
Scour means erosion of channel banks due to exceSSIve velocity of the flow of surface and
stormwater runoff.
Sediment means fragmented material which originates from weathering and erosion of rocks or
unconsolidated deposits, and \-"hich is transported by, suspended in, or deposited by water.
Sedimentation means the depositing or formation of sediment.
Shoreline substantial development is defined shall be as defined in RCW 90.58.030 except for those
activities exempted from the definition of substantial development in WAC 173-27-040 and for
developments exempted by RCW 90.58.140 (9) and (10). Chapter ~ FWCC.
Short subdivision (also knO'l.'ll as a "short plat") shall be as defined in Chapter 2.Q FWCC.
Single-family residential means a project that constructs or modifies a single-family dwelling unit
and/or makes related on site improvements, such as driveways, roads, outbuildings, play courts, etc., or a
project that creates single-family residential lots such as a plat or short plat.
Site means the legal boundaries of the parcel or parcels of land for ,,,hieh an applicant has or should
haye applied for authority from Federal Way to carry out a deyelopment actiyity, including any drainage
improycments required by this chapter. This tcrm is equiyalent to the term "subject property" as defined
in Chapter 22 FWCC, Zoning.
Site improvement plan consists of all the plans, profiles, details, notes and specifications necessary to
construct road, drainage structure~---aOO off-street parking improvements. A "modified site improvement
plan" means a limited or simplified "site improvement plan" used for some projects in targeted review
an6for where major improvements are not proposed.
Small site drainage review means a simplified alternative to full drainage review for small residential
building and subdivision projects that add between two and 10,000 square feet of new impervious surface.
The core and special requirements applied under full drainage review are replaced with simplified small
site requirements which can be applied by a non-engineer.
Soil means the unconsolidated mineral and organic material on the immediate surface of the earth that
serves as a natural medium for the growth of land plants.
Source control BMP means a BMP intended to prevent contaminants from entering surface and
stormwater and/or groundwater including the modification of processes to eliminate the production or use
of contaminants. An example would be using less toxic alternatives to current products or sweeping
parking lots instead of washing them. Source control BMPs can be either structural or non structural.
Structural source control BMPs involve the construction of a physical structure onsite, or other type of
physical modification to a site; for example, using a covered area or berm to prevent clean stormwater
from entering a work area.
State waste discharge permit means an authorization, license, or an equivalent control document
issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.
Stormwater means surface water. water originating from rainfall and other precipitation that
ultimately flows into drainage facilities, riYers, streams, ponds, lakes, and wetlands, or flows from springs
and seeps, as well as shallow groundwater.
Stormwater drainage system means constructed and natural features which function together as a
system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.
"Stormwater drainage system" includes both public and privately owned features.
Stormwater facility means a constructed component of a stormwater drainage system, designed or
constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are
not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins,
Ordinance No. 09-593
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constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular
pavement. Stormwater facilities arc described in the stormv/ater management manual.
Stormwater System Operation and Maintenance Manual means the manual adopted by reference and
prepared by the city of Federal Way.
Stream means an area where surface waters produce a defined channel or bed. ,A. defined channel or
bed is an area ',vhich demonstrates clear e';idence of the passage of "'/ater and includes, but is not limited
to, bedrock channels, gravel beds, sand and silt beds, and defined channel s':lales. The channel or bed
need not contain water year round. This definition is not meant to include irrigation ditches, canals,
storm\vater runoff devices, or other entirely artificial v/atercourses unless they are used by salmonids or
used to com'ey streams naturally occurring prior to construction. Those topographic features that
resemble streams but have no defincd channels (e.g., sV/ales) shall be considered streams when
hydrologic and hydraulic analyses done pursuant to a de';elopment proposal predict formation of a
defined channel after development.
Subdi';ision (also known as "plat") shall be as defined in Chapter 2.Q F'.VCC.
Subj ect to vehicular use as used in the definition of pollution generating impervious surface, means a
surface that is regularly used by motor vehicles, whether paved or not. The following are considered
regularly used surfaces: roads, unvegetated road shoulders, bike lanes '",ithin the traveled lane of a
roadway, driveways, parking lots, unfenced fire lanes, diesel equipment storage yards, and airport
runways. The following are not considered regularly used sl:1rfaces: road shoulders primarily used f{)r
emergency parking, paved bicycle pathways, bicycle lanes adjacent to unra'/ed or paved road shoulders
primarily used for emergency parking, fenced fire lanes, and infrequently used maintenance access roads.
Surface water and stormvlater means water stormwater originating from rainfall and other
precipitation that ultimately flows into drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and
wetlands as well as shallow groundwater.
21-1.20 Definitions. T,
Targeted drainage review means an evaluation required by this chapter for certain types of proposed
projects where drainage review is abbreviated to address only those requirements that would apply to
those projects. Projects subject to this type of drainage review are typically small-site proposals or other
small projects that have site-specific or project-specific drainage concerns that must be addressed by a
licensed civil engineer or public works review staff.
Toxic means poisonous, carcinogenic, or otherwise directly harmful to life.
Treatment BMP means a BMP intended to remove contaminants once they are already contained in
stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales, and wet-
settling basins.
21-1.21 Definitions. U.
Utility means the Federal Way surface water management utility.
21-1.22 Definitions. V.
Vegetation means all organic plant life growing on the surface of the earth.
21-1.23 Definitions. W.
Watershed means the geographic region from which water drains toward a central collector such as a
stream, river, lake, or salt water.
Wetland edge means the line delineating the outer edge of a wetland established by using the Federal
Manual for Identifying and Delineating Jurisdictional 'Netlands (January 10, 1989), jointly published by
the U.S. Environmental Protection ,'\gency, the U.S. Fish and Wildlife Service, the u.s. i\rmy Corps of
Engineers, and the U.s. Soil Conservation Service.
Ordinance No. 09-593
Page 33 0[90
\Votlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. (U.S. ,^.nny Corps of Engineers Regulation 33 CFR 328.3 (1988)).
Wetlands in Federal Way include all area '.vatenvard from the wetland edge. Where the vegetation has
been removed, a wetland shall be determined by the presence of hydric soils, as 'Nell as other
documentation of the previous existence of v/etland vegetation such as aerial photographs. This definition
shall not conflict ,;,;ith Federal Way zoning code (Chapter II FWCC).
21-1.24 Definitions, X.
21-1.25 Definitions. Y.
21-1.26 Definitions. Z.
(Ord. No. 99-352, S 3, 11-16-99)
SECTION 23. Chapter 21, Article V, Section 21-103, of the Federal Way City Code shall be
amended to read as follows:
21-103 Definitions.
The follov/ing 'Nords, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this article, except v/here the context clearly indicates a different meaning. Unless specifically
defined below, terms or phrases used in this article shall be interpreted so as to give them the meaning
they have in common usage and to give this article its most reasonable application. The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 22-1, 21-1, or 1-2 in that order,
Actual start of construction means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, any
work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling; nor does
it include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of
the main structure. Actual start of construction for a substantial improvement, means the first alteration of
any walL ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
Appeal means a request for a review of the interpretation of any provision of this article or a request
for a variance.
Area of shallow flooding means designated as AO or AH zone on the flood insurance rate map
(FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a
clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown
with standard base flood elevations.
Area of special flood hazard means the land in the flood plain within a community subject to a one
percent or greater chance of flooding in any given year. Designation on maps always includes the letters
AorV.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given
year (also referred to as the "lOO-year flood"). Designated on flood insurance rate maps by the letters A
orV.
Ordinance No. 09-593
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Basement means any area of the building having its floor sub-grade (below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces, without causing
damage to the elevated portion of the building or supporting foundation system.
Coastal high hazard area means an area of special flood hazard extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. The area is designated on the FIRM as zone VI-30, VE or V.
Critical facility means a facility for which even a slight chance of flooding might be too great. Critical
facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency
response installations, and installations which produce, use, or store hazardous materials or hazardous
waste.
Development means any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, e;xcU'fation or drilling
operations or storage of equipment or materials located within the area of special flood hazard.
Director means the director of the city of Federal Way community development department or his or
her designee.
Elevated building means, for insurance purposes, a nonbasement building that has its lowest elevated
floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
Elevation certificate means the official form (FEMA Form 81-31) used to track development, provide
elevation information necessary to ensure compliance with community floodplain management
ordinances, and determine the proper insurance premium rate with Section B completed by Federal Way.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed before the effective date of the adopted
floodplain management regulations.
Expansion to an existing manufactured home park or subdivision means the preparation of additional
sites by the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
Flood insurance rate map (FIRM) means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
Flood insurance study (FIS) means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood boundary-floodway map, and the water surface
elevation of the base flood.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
Lowest floor means the lowest floor of the lowest enclosed area (including basement), except that
where an Aft unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is flat built so as to render the structure in yiolation of in compliance with
the applicable non-elevation design requirements of this article found at FWCC 21-113( 1 )(b ), the next
lowest enclosed area is the lowest floor. (i.e., provided there are adequate flood ventilation openings).
Ordinance No. 09-593
Page 35 o{90
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities,-. The term "manufactured home" but does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
New construction means structures for which the "start of construction" commenced on or after the
effective date of the ordinance codified in this article.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain
management regulations.
Recreational vehicle means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Start of construction includes substantial improyement, and means the date the building permit was
issued, provided where the actual start of construction, repair, reconstruction, placement or other
improvement was occurs within 180 days of the permit date~ See also "actual start of construction." +he
"actual start" means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any '.york beyond
the stage of exca';ation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it inelude
the installation of streets and/or '.valhvays; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the "actual start" of construction, means the first alteration of
any wall, ceiling, floor, or other structural part of a building, 'Nhether or not that alteration affects the
external dimensions of the building.
Structure means a walled and roofed building, including a gas or liquid storage tank that is principally
above ground.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement means any repair, reconstruction, or improvement of a structure, including
any repair or reconstruction, where the cost ofwffieh the improvement equals or exceeds 50 percent of the
market value of the structure either.;
(1) Beforc before the improvement or repair is started~, orJf
(2) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition "substantial improvement" is considered to_occur '.vhen the first alteration of
any wall, ceiling, floor, or other structural part of the building commences, '.vhether or not that alteration
affects the external dimensions of thc structure.
The term can exclude: Substantial improvement does not include:
f3j Any project for improvement of a structure to correct pre-cited existing violations of state or local
health, sanitary, or safety code specifications which have been previously identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions; or f4j Any
alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic
Places.
Ordinance No. 09-593
Page 36 0[90
Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the
structure.
Variance means a grant of relief from the requirements of this article that permits construction in a
manner that would otherwise be prohibited by this article.
Water dependent means a structure for commerce or industry that cannot exist in any other location
and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. No. 06-536, S
2(Exh. A), 11-7-06)
SECTION 24. Chapter 22, Article I, Section 22-1, of the Federal Way City Code shall be amended to
read as follows:
22-1 Definitions,
The follmving words, terms and pm-ases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in
sections 22-1.1 through 22-1.26 apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined in these sections are defined according to FWCC 1-2.
22-1.1 Definitions. A.
Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or
structure on that property, without any intention of transferring rights to the property or structure to
another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall
include includes but ¬ be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage
foreclosure.
Abandoned personal wireless service facility means a PWSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60
or more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support
structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of
60 or more consecutive days.
Accessory means a use, activity, structure or part of a structure which is subordinate and incidental in
size, scale. design, or purpose to the main acti','ity principal use or structure on the subject property~, and
supports the principal use or structure without displacing or dominating it. See FWCC 22-946. Generally,
accessory uses, facilities and activities normally associated with a pennitted use arc permitted as part of
that use.
Accessory dwelling unit (ADU) means either a freestanding detached structure, excluding outdoor
storage containers and similar structures used or designed to be used as living facilities, or an attached
part of a structure which is accessory. subordinate, and incidental to the main or primary dwelling unit
located on the subject property, providing complete, independent living facilities exclusively for one
single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation.
See FWCC 22-965. ADU's include:
-ill ADU, detached means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
(2) ADU, attached means an accessory dwelling unit that has one or more vertical and/or
horizontal walls, in common with or attached to the primary dwelling unit.
Accessory hardship dwelling unit means an attached i\DU '.vhich satisfies the criteria set fDrth in
FWCC 22 965.
Ordinance No. 09-593
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Accessory living facility means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, or for the business
owner/operator and that person's family.
Active usefsj means uses that by their very nature generate activity, and thus opportunities for natural
surveillance, such as picnic areas. extracurricular school activities, exercise groups, etc.
Administrator for the purpose of sign regulations means the director or his/her designated
representative.
Adjoining means property that touches or is directly across a street from the subject property. For the
purpose of height regulations, any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone.
Adult entertainment activity or use shall mean all of the following:
(I) Adult theater shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons
therein and which excludes minors by virtue of age.
a. Specified anatomical areas shall mean both ofthe following:
I. When less than completely and opaquely covered:
i. Human genitals or pubic region;
ii. Human buttock;
iii. Human female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
b. Specified sexual activities shall mean all of the following:
I . Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast.
(2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a
substantial or significant portion of its stock and trade books, magazines or other periodicals, which are
distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" and which excludes minors by virtue of age.
(3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go-go
dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who
are so clothed or dressed as to emphasize specified anatomical areas and/or whose performances or other
activities include or mimic specified sexual activities and which establishment excludes minors by virtue
of age.
"^.ctivities and uses defined as "adult entertainment activity or use" are only permitted in the zone
where that term is specifically listed as an allO'.vable use and only in conformance to the requirements as
stated for that use.
Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including,
but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or
nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified
sexual activities" (defined below).
Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
Air rights means the right to, in some manner, control the use of the space above the surface of the
ground.
AKART means "=all known, available and reasonable methods of prevention, control and
treatment", and is the most current methodology that can be reasonably required for preventing.
controlling, or abating the pollutants associated with a point or nonpoint discharge. as interpreted in WAC
Ordinance No. 09-593
Page 38 0[90
173 201A 020. This is a technology based approach to limiting pollutants from wastewater discharges,
which requires both an engineering and economic judgment. See also best management practices.
Alluvium means soil deposits transported by surface waters.
Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(1) Omni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a 360-
degree radial pattern.
(2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
(3) Parabolic (or "dish") antenna(s) is a bowl-shaped device for the reception and/or transmission of
communications signals in a specific directional pattern.
(4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not
directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
Antique or collectible means any article which, because of age, rarity, or historical significance, has a
monetary value greater than its original value, or which has an age recognized by the United States
government as entitling the article to an import duty less than that prescribed for contemporary
merchandise. "\ store or shop selling only such articles, or offering them for sale, shall be considered as a
dealership selling antiques or collectibles and not as a dealership selling second hand merchandise.
"^.pplicant means both of the following, depending on the content:
(1) ,^. person who applies for any permit or appro','al to do anything governed by this chapter, "'ihich
person must be the ovmer ofthe subject property, the authorized agent of the o'vvner, or the city.
(2) "^.ny person who is engaging in an activity governed by this chapter or ',yho is the owner of
property subject to this chapter.
Applicant means a person who, whether personally or through an agent, seeks, requests, or applies for
any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a
person who is the owner of property subject to this chapter, and a person who is engaged, whether
personally or through an agent, in development activity. Applicant includes both the principal and any
agent.
Aquifer means a geological formation that is capable of yielding a usable amount of fresh water to a
well or spring. a water bearing porous soil or rock strata capable of yielding a significant amount of
groundv/ater to wells or springs.
Arcade means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
Architectural embellishments for sign regulations mean the aesthetic elements of the structure that
includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the
sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements
surrounding or supporting the sign.
Average building elevation (ABE) means a reference datum on a subject property from \vhich
building height is measured. ",\BE is the average of the highest and lowest existing or proposed
elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means~
provided, that ABE shall not be greater than five feet above the lowest of the existing or proposed
elevation elevations; whichever is lowest. ABE is the elevation from which building height is measured.
Average slope means the average grade of land within each land area representing a distinct
topographical change.
Awning means a nonrigid, roof-like cover that projects from a building as a shelter, but that does not
project above the adjacent parapet or roof of a supporting building.
Ordinance No. 09-593
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22-1.2 Definitions. B.
Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining
wall or foundation.
Balloon means an inflatable device, generally composed of a thin layer of latex or mylar, into which a
gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also
"Inflatable advertising device.")
BMPs or best management practice(s) means maintenance measures and operational practices that arc
considered the most effective, practical means of preyenting or reducing pollution from nonpoint or point
sources. BMPs arc defined by trade organizations, government agencies, and other organizations involved
in pollution prevention and environmental regulation. Best management practices (BMP's) means those
practices which provide the best available and reasonable physicaL structuraL manageriaL or behavioral
activity to reduce or eliminate pollutant loads and/or concentrations leaving a site.
Building means a roofed structure used for or intended f-or human occupancy any structure having a
roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individuaL
animaL process, equipment, goods, or materials of any kind.
Building mounted signs means all of the following: viall mounted signs, marquee signs, under
marquee signs and proj ecting signs.
Bulkhead means a wall or embankment used for retaining earth.
Business or vocational school means a post-secondary institution that offers instruction in business
principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial,
accounting, purchasing, computer programming or usage, or training in fields such as health services,
restaurant management, real estate, beautician training, or professional training or continuing education in
these or similar fields.
22-1.3 Definitions. C.
Canopy means a permanent, rigid, roof-like structure that proiects from a building as a shelter, with
no habitable space above it, but that does not proiect above the adiacent parapet or roof of a supporting
building. A freestanding canopy is a rigid roof-like structure providing shelter that is supported by one or
more posts embedded in the ground.
Cargo containers - See Outdoor Storage Containers and Portable Moving Containers.
Cell-on-wheels (C-O-W) means a mobile temporary personal wireless service facility.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction with and within boundaries of such cemetery.
Change of use means a change of use determined to have occurred when it is found that the general
character of the operation a use has been modified. This determination shall include but not be limited to
!! review of; but not be limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation;
(4) General appearance;
(5) Type, extent or amount of indoor or outdoor storage; and
(6) Constituents of surface water discharge or runoff.
Church, synagogue or other place of religious worship means an establishment, the principal purpose
of which is religious worship and for which the principal building or other structure contains the
sanctuary or principal place of worship, and which establishment may include related accessory uses.
Class I home occupation means those home businesses that qualify as home occupations under this
zoning chapter, except family child care homes.
Class II home occupation means those family child care homes that qualify under FWCC 22 1069.
Ordinance No. 09-593
Page 40 0[90
Clearview zone means the areas around intersections, including the entrance of driveways onto
streets. which must be kept clear of sight obstruction. See FWCC 22-1151.
College or university means a post-secondary institution for higher learning that grants associate or
bachelor degrees and may also have research facilities and/or professional schools that grant master and
doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or
certificates of completion in business or technical fields.
Collocation means the placement and arrangement of multiple providers' antennas and equipment on
a single support structure or equipment pad area.
Commercial recreation facility means an indoor facility and use operated for profit, with private
facilities, equipment or services for recreational purposes including swimming pools, tennis courts,
playgrounds and other similar uses. The use of such an area may be limited to private membership or may
be open to the public upon the payment of a fee.
Commercial use means the uses allowed in the commercial zones and the nonindustrial uses
permitted in the commercial enterprise zone and not permitted in any other zones of the city.
Commercial vehicle means, unless exempted by FWCC 22 1176 and 22 1178, any truck over 10,000
pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25.010, the Reyised Code of
Washington (RON), the principal use of which is typically used principally for the transportation of
commodities, vehicles, merchandise, produce, freight, or animals; ef as well as any bulldozers, backhoes,
cranes, aHd or similar construction equipment.
Commercial zones means the BN, BC, CC-C and CC-F zoning districts.
Common space means an area within a development, which is used primarily by the occupants of that
development, such as an entryway. lobby, courtyard. outside dining area, etc.
Common recreational open space usable for many activities means any area available to all of the
residents of the subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
(1) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
Community recreation area or clubhouse means an area devoted to facilities and equipment for
recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and
other similar uses, which area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or geographic area.
Community service event or civic event means an event or gathering (such as a food fest, concert, fun
run, cultural exhibition, or charitable fund raising event) sponsored by a private or public nonprofit
organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic
fraternal organizations, theater and arts groups. and charitable organizations. The event may not be
primarily for the purpose of selling or promoting merchandise or services.
Comprehensive plan means the ordinances of the city, as adopted and amended from time to time,
under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.
Contour line means the interconnection of points having the same height above sea level.
Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
Copy for signs means the graphic content of a sign surface in either permanent or removable letter,
pictographic. symbolic, or alphabetic form.
Cottage housing development (CHD) means residential development consisting of clusters of
between four and 16 detached dwelling units, that includes cottages and may include compact single-
family units and meets the following criteria:
(I) Dwelling units are limited to a maximum square footage; and
Ordinance No. 09-593
Page 41 of90
(2) Dwelling units are grouped around a common open space; and
(3) Developments meet a set of design criteria not applicable to typical single-family
developments as stipulated in Article XII of this chapter.
Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface
infiltration. These areas are and include areas hydrogeologically susceptible to contamination and
contamination loading potential including, but not limited to, such areas as sole water source aquifer
recharge areas, special protection groundwater management areas, wellhead protection areas, and other
areas with a critical recharging effect on aquifers used for potable water.
Cross-section (drawing) means a visual representation of a vertical cut through a structure or any
other three-dimensional form.
Curb cut means the connection of a driveway with a street, which may entail a structural alteration to
the curb by lowering the height of part of the curb.
22-1.4 Definitions. D.
Day care facility means the temporary, nonresidential care of persons in a residence or other structure
on a regular, recurring basis.
Dedication means the deliberate appropriation of land by its owner for public use or purpose,
reserving no other rights than those that are compatible with the full exercise and enjoyment ofthe public
uses or purposes to which the property has been devoted.
Deleterious substance includes, but is not limited to, chemical and microbial substances that are
classified as hazardous materials under this section, "hazardous materials," whether the substances are in
usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which
monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC.
Development means any human activity consisting of any construction, expansion, reduction,
demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or
structure; any human caused change to land whether at, above, or below ground or water level; and any
use, or change in use, of land whether at, above, or below ground or water level. Development includes,
but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision
ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master
program, surface water ordinances, planned unit development ordinances, binding site plan ordinances,
and development agreements; including but not limited to any activity that requires a building permit,
grading permit, shoreline substantial development permit, conditional use permit, special use permit,
zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding
site plan, site development, or right-of-way use permit. Development also includes, but is not limited to,
filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of
obstructions to any right of public use, and the storage of equipment or materials.
Development activity means any 'Nork, condition or actiyity which requires a permit or approval
under this chapter or the city's building code.
DC'/elopment permit means any permit or approval under this chapter or the city's building code that
llRlst be obtained before initiating Q use or development activity.
Development regulation means controls placed on development or land use, but does not include
decisions to approve a proiect permit application even though they may be expressed in a resolution or
ordinance.
Director means the director of the department of community development, also known as the
department of community development services, unless the context indicates otherwise.
Domestic animal means an animal which can be and is customarily kept or raised in a home or on a
farm.
Domestic violence shelters means housing for adult women or men and their dependent children, if
any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other
of the adult victim.
Ordinance No. 09-593
Page 42 of90
Dredging means removal of earth and other materials from the bottom of a body of water~ ef'
watercourse>-.or frem a wetland.
Dredging spoils means the earth and other materials removed from the bottom of a body of water..j! ef'
watercourse>-.or frem a wetland by dredging.
Driveway means an area of the subject property designed to provide vehicular access to a parking
area or structure located on the subject property.
Dry land means the area of the subject property landward of the high water line.
Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes and
outdoor storage containers and similar structures used or designed to be used as living facilities, providing
complete, independent living facilities exclusively for one family, including permanent provisions for
living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a
dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured
home established in RCW 35A.63.145. There are the following eight types of dwelling units:
(l) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common
with or attached to one or more other dwelling units or other uses and does not have other dwelling units
or other uses above or below it.
(2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to
any other dwelling unit or other use.
(3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in
common with or attached to one or more other dwelling units or other uses and may have one or more
vertical walls in common with or adjacent to one or more other dwelling units or other uses.
(4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which
are either attached or stacked. See definition of "dwelling unit, townhouse."
(5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily.
(6) Dwelling unit, small lot detached, means detached residential dwelling units developed on
multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit's
sides may rest on a lot line (zero lot line) when certain site development conditions are met.
(7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least
two such units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant
walls.
(8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with
common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the
dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street,
alley, or private tract) and, typically, each house is a complete entity with its own utility connections.
Although most townhouses have no side yards, they have front and rear yards. The land on which the
townhouse is built, and any yard, is owned in fee simple.
22-1.5 Definitions. E.
Easement means the right.-lO use the re<!.Llm~rty of another for a specific purpose. land which has
specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject
property or to benefit some property other than the su~ect property.
EMF means electromagnetic field, which is the field produced by the operation of equipment used in
transmitting and receiving radio frequency signals.
Equipment shelter means the structure associated with a PWSF that is used to house electronic
switching equipment, cooling system and back-up power systems.
Erosion and deposition means the removal and transport of soils or rock fragments and the placement
of these removed soils elsev.here by water, wind, ice, or similar the natural forces of wind or ,yater.
Essential public facility is any facility or conveyance that v/hich has the following attributes:
Ordinance No. 09-593
Page 43 0[90
(1) k-is ~typically difficult to site due to unusual site requirements and/or significant public
opposition;
(2) k-is Is a necessary component of a system, network or program which provides a public
service or good;
(3) Jt..--.ffi ~ owned or operated by a unit of local or state government, fLprivate or nonprofit
organization under contract with a unit of government or receiving government funding, or private firms
subject to a public service obligation; and
(4) It meets a general and/or specific category for facility types or individual facilities listed
belovo' in Meets the following definitions of either a Class I and or a Class II essential public facility:
facilities.
a. Class I facilities are those facilities: Facilities of a county, regional or state-wide nature;
Those essential public facilities intended to serve a population base that extends significantly beyond the
boundaries of the city. Class I facilities, and \vhich may include several local jurisdictions or a significant
share of the Puget Sound regional population. Such facilities and may include, but are not limited to, the
following:
1. State or regional education facilities (except minor branch facilities), including: -:t
Research facilities.;.,th-University branch campuses~,iH-:-and Community colleges;~
2. State or regional transportation facilities), including: .,h-Light and/or standard rail
lines,~,ibCommuter terminals,~,iH-:- Transit centers,~and Park-and ride lots in residential zones;~
3. State or regional correctional facilities;~
4. Solid waste handling facilities (large scale), including: .,h- Transfer stations and ~,H-:
Recycling center~;~
5. Sewage treatment plants;~
6. Power plants;
b. Class II facilities are those facilities: Facilities of a local nature. Those essential public
facilities that are intended to meet the service needs of the local community. In many cases Class II leeal
facilities are typically characterized by providing some type of in-patient care, assistance, or monitoring;
Such facilities and may include, but are not limited to, the following:
1. Substance abuse facilities-;~
2. Mental health facilities;~
3. Group homes/special needs housing;~
4. Local schools, including: .,h-Elementary school~~, ib-Middle schools, and ~, Hh-High
school~;~
5. Social service transitional housing, including: .,h-Domestic violence shelter~~, H-:
Homeless shelters, and -;-, iH-: Work-release.
Excavate or excavation means the mechanical removal of soils aA4'or underlying strata.
Exposed building face for sign regulations means the building exterior wall of a single occupant
building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex,
including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area
calculation for building-mounted signs.
22-1.6 Definitions. F.
Facade means the entire building front including the parapet.
Family means an individual; a group of not more than five individuals; or two or more individuals
related by not more than four degrees of affinity or consanguinity, and including persons under legal
guardianship~, or a group of not more than five persons who are not related by four or fewer degrees of
affinity or consanguinity; provided, hoy/ever, that any Any limitation on the number of residents resulting
from this definition shall not be applied if it prohibits to the extent it would prevent the city from making
reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use
and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b).
Ordinance No. 09-593
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This definition shall not be applied to the extent that would cause a residential structure occupied by
persons with handicaps, as defined in the federal fair housing amendments act of 1988, to be treated
differently than a similar residential structure occupied by other related or unrelated individuals.
Family day care child care home means a business regularly providing care during part of the 24-hour
day to 12 or fewer children people (including the children of the day care provider) in the family abode of
the person or persons under whose direct care the children people are placed. A family day care may also
be known as a family child care home, an in home child care home, or an in home child day care.
Fast food restaurant means an establishment which offers quick food service which is accomplished
through one or more of the following mechanisms:
(1) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating
parcels of land.
Festoons means a string of ribbons, tinsel. small flags, or pinwheels.
Fill material means dirt, structural rock,_J* gravel, broken. concrete~and similar structural substances
customarily to raise used to change the level of the ground or to provide an even surface, but excluding
topsoil, bark, ornamental rocks, or gravel placed on the surface of the ground for gardening, landscaping,
or ornamental purposes.
Finished grade means the final contour of the land surface prior to landscaping.
Flag means any piece of cloth of individual size, color and design, used as a symbol. signal. emblem,
or for decoration.
Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or
street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the
lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot.
Floor means the horizontal surface inside a structure designed and intended for human use and
occupancy.
Floor area means the total area of a building floor plate in gross square feet.
Frontage of a property means the length of the property line alon~ any public right-of-way on which it
borders. Frontage of a building means the length of an outside building wall on a public right-of-way.
22-1.7 Definitions, G.
Gambling use means one of those gambling actIVItIes regulated by the state, e.g., "public card
rooms, " which involve staking or risking something of value upon the outcome of a contest of chance or a
future contingent event not under the person's control or influence, upon an agreement or understanding
that the person or someone else will receive something of value in the event of a certain outcome.
Gambling uses include those uses regulated by the Washington State Gambling Commission with the
following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo
games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not-
for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional
contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food,
or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery
Commission.
Geologically hazardous areas means areas which because of their susceptibility to erosion, land-
sliding, seismic or other geological events are not suited to siting commercial, residential or industrial
development consistent with public health or safety concerns. Geologically hazardous areas include the
following areas:
(1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to
natural agents such as wind, rain, splash, frost action or stream flow.
Ordinance No. 09-593
Page 45 0[90
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of
a mass of soil or rock including, but not limited to, the following areas:
a. Any area with a combination of:
1. Slopes greater than 15 percent;
2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
3. Springs or groundwater seepage.
b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago
to the present, or which is underlain by mass wastage debris ofthat epoch.
c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
f. Those areas mapped as class U (unstable), UOS (unstable old slides), and URS (unstable
recent slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of low density usually in association with
a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a
vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance.
A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at
least 10 feet of vertical relief.
Glare means both ofthe follO'.'1ing:
(1) The the reflection of harsh, bright lightc-as well as the
(2) The physical effect resulting from high luminances or insufficiently shielded light sources ffi....tfle
field of vie":I.
Government facility means a use consisting of services and facilities operated by any level of
government, excluding those uses listed separately in this chapter.
Grand opening means a promotional activity used by newly established businesses to inform the
public of their location and services available to the community. A grand opening does not mean an
annual or occasional promotion of retail sales or other services, and does not include a change in
ownership, remodeling, or other change incidental to the initial establishment of the business.
Gross floor area means the total square footage of all floors, excluding parking area, in a structure as
measured from either the interior surface of each exterior wall of the structure or, if the structure does not
have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area.
Ground floor means the floor of a structure that is closest in elevation to the finished grade along the
facade of the structure that is principally oriented to the street which provides primary access to the
subject property.
Groundwater means ,>vater that occurs in subsurface openings in the earth, such as the spaces between
particles in unconsolidated deposits or along fractures in consolidated deposits. means waters that exist
beneath the surface of land or beneath the bed of any stream, lake or reservoir, or other body of surface
water.
Groundwater contamination means the presence of any substance designated by the U.S.
Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a
primary or secondary water quality parameter, in excess of the maximum allowable containment level
(MCL).
Ordinance No. 09-593
Page 46 of90
Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system.
Such groups include This definition includes housing for state-licensed group care homes or halfway
homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses
providing residence to juveniles needing correction, or halfway homes for those selected to participate in
state-operated work release and pre-release programs; but excludes full-time detention facilities. Any
limitation on the number of residents resulting from this definition shall not be applied to the extent it
would prevent the citv from making reasonable accommodations to disabled persons in order to afford
such persons equal opportunity to use and enioy a dwelling as required by the Fair Housing Amendments
Act of 1988,42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a
residential structure occupied by persons with handicaps, as defined in the federal fair housing
amendments act of 1988, to be treated differently than a similar. residential structure occupied by other
related or unrelated individuals. Group homes are divided into the following types:
The director of community de','clopment services shall have the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a
group home type III, and any such home shall be sited according to the regulations contained within type
III classification.
(1) Group homes type II-A: Group homes type II with no more than Maximum number of 12
residents including resident staff.
(2) Group homes type II-B: Group homes type II with +lhirteen or more residents including
residential staff. Maximum number to be determined on a case by case basis.
The limitation on the number of residents in a group home type II shall not be applied if it prohibits
the city from making reasonable accommodations to disabled persons in order to afford such persons
equal opportunity to use and enjoy a dwelling as required by the Fair Housing ,^.mendments Act of 1988,
12 USC 3604(f)(3)(b).
Group homes type III means housing for adults that have been convicted of a violent crime against a
person or property, er have been convicted of a crime against a person with a sexual motivation, or have
been convicted or charged as a sexual or assaultive violent predator. These This category includes
housing for individuals are under the jurisdiction of the criminal justice system-&-, individuals who have
entered a pre- or post-charging diversion program~. Such groups involve individuals selected to
participate in state-operated work/training release and pre-release programs or similar programs; but
excludes. Such category does not include full-time detention facilities.
Gymnasium means a room or building equipped for sports, which must be accessory to a school
facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium
may also be used as an auditorium to hold concerts and other performing arts.
22-1.8 Definitions, H,
Hardship means a current or impending health condition which requires a person to live in close
proximity to, and/or share housing with, a caregiver.
Hazardous liquid means: W petroleum, petroleum products, or anhydrous ammonia as those terms
are defined in 49 CFR Part 195 in effect March 1, 1998; and W carbon dioxide.
Hazardous materials means any material, either singularly or in combination, that is a physical or
health hazard as defined and classified in the International Fire Code, whether the materials are in usable
or waste condition; aHd any material that may degrade groundwater quality when improperly stored,
handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged~. Hazardous materials
shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous
waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-
303 WAC, whether the materials are in usable or waste condition; and. Hazardous materials shall also
include petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any
waste oils or sludge.
Ordinance No. 09-593
Page 470190
Hazardous waste means all dangerous and extremely hazardous waste as defined or classified in
Chapter 70.105 RCW and Chapter 173-303 WAC, including substances composed of both radioactive
and hazardous components (see Chapter 70.105 RC'N)., and including those solid wastes designated by
40 CFR Part 261, and regulated as hazardous and/or mixed waste by the United States EP A.
Hazardous waste storage means the holding of dangerous hazardous waste for a temporary period
(see '.V,^.C 173 303 010(85)).
Hazardous waste treatment means the physical, chemical or biological processing of dangerous
hazardous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for
energy or material resource recovery, amenable for storage or reduced in volume (see W,^.C 173 303
040(97)).
Heat means added energy that causes substances to rise in tcmperatui"e, fuse, c'/aporatc, cxpand or
undcrgo any othcr relatcd changc.
Heavy equipment means high capacity mechanical devices for moving earth or other materials, and
mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes,
drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors,
harvesters, combines, ef other major agricultural equipment, and similar devices operated by mechanical
power as distinguished from manpower.
Height of structure means the vertical distance above the average building elevation measured to the
highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and
ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family
residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying
sloped roof, height will be measured to the ridge of the highest principal gable.
Height of a sign means the vertical distance measured from the highest point of the sign to the grade
of the adiacent street or the surface grade beneath the sign, whichever is less.
High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2,
RS 9.6, and comparable zones in other jurisdictions.
Home occupation means an occupation, enterprise, activity or profession which is incidental to a
residential use, which is carried on for profit or customarily carried on for profit and which is not an
otherwise permitted use in the zone in which it occurs.
Horizontal dimension means the length of the facade of a structure as measured along a plane,
excluding eaves which extend out no more than 18 inches from the exterior walls of the structure.
Hospital means an institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal
physical or mental conditions, and including, as an integral part of the institution, related facilities such as
laboratories, outpatient facilities, extended care facilities and/or training facilities.
Hotel or motel means a single building or group of buildings containing individual sleeping units
intended for transient occupancy.
22-1.9 Definitions. I.
Improvement means any structure or manmade feature, including but not limited to buildings,
driveways, roads (with or without curbs or gutters), sidewalks, crosswalks, parking lots, water mains,
sanitary and storm sewers, drainage facilities, and planted street trees.
Industrial-commercial zone means the CE zoning district.
Industrial uses means those uses allowed only in the CE zone as listed in FWCC 22-861 through 22-
864.
Inflatable advertising device means an advertising device that is inflated by some means and used to
attract attention, advertise, promote, market, or display goods and/or services. These devices include large
single displays or displays of smaller balloons connected in some fashion to create a larger display.
Ingress/egress and utilities easement means privately owned land used and legally committed,
through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and
Ordinance No. 09-593
Page 48 0{90
pedestrians to properties other than the property within the tract or easement. It may also provide space
for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the
public. See definition of "vehicular access easement or tract."
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14
days, is apparently inoperableLeF requires repairs in order to be operated legally on the public roads~ or is
unable to move a distance of 10 feet on level pavement under its own power.
Institutional uses means the following uses: schools, churches, colleges, hospitals, parks,
governmental facilities and public utilities.
Irrevocable license means a written irrevocable permission given by a property owner to the city for
specified purposes.
Issuance, when used with respect to a decision ofthe director of community development services or
a decision of the hearing examiner issued under this chapter, means the date that is three dart> after the
date the '.vritten decision of the director or hearing examiner is mailed. Proof of mailing shall be by
affidayit or by declaration under penalty of PCljUry.
Issuance, when used with respect to a city council decision made by ordinance or resolution while
sitting in a quasi judicial capacity, means the date on which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
22-1.10 Definitions. J.
Junk means old, used, or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery or
appliances or parts of such machinery or appliances, semp wood, debris, trash, waste, household goods or
hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or
inoperable motor vehicles or vehicular component parts thereof.
Junk or junked vehicle means any vehicle substantially meeting at least twe three of the following
conditions:
(1) Is three years old or older;
(2) Is extensively damaged, such damage including but not limited to any of the following: a
broken window or windshield or missing wheels, tires, motor, or transmission;
(~.3.) Is apparently inoperable;
(J1) Is '.yithout a current, valid registration plate. Has an approximate fair market value equal only
to the approximate value of the scrap in it.
Junkyard means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
22-1.11 Definitions. K.
Kenncl means an establishment, generally retail in nature, v/hich houses, cares f-of, breeds, raises or
sells dogs or cats, but not including a small animal hospital or clinic or pet shop.
22-1.12 Definitions. L.
Land division means any process by which individual lots, parcels, or tracts are created for the
purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional
subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot
line townhouse development, and small lot detached development.
Land surface modification means the clearing or removal of trees, shrubs, groundcover and other
vegetation and all grading, excavation and filling activities.
Landscaping means the planting, removal and maintenance of vegetation along with the movement
and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the
planting, removal and maintenance of vegetation.
Landward means toward dry land.
Ordinance No. 09-593
Page 49 of90
Linear frontage of subject property means the frontage of the subject property adjacent to all open,
improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open,
improved right-of-way, linear frontage means the frontage of the subject property on any public access
easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-
way.
Lot means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed
boundaries described by reference to a recorded plat, to a recorded binding site plan, by reference to
metes and bounds, or by reference to section, township and range.
Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single-
family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not
be credited in calculation of minimum lot area.
Low density use means a detached dwelling unit on a subject property that contains at least five acres.
Low density zone means the following zones: SE and comparable zones in other jurisdictions.
22-1,13 Definitions. M,
Maintenance, for signs, means the cleaning, painting, and minor repair of a sign in a manner that does
not alter the basic design, size, height, or structure of the sign.
Major stream means any stream, and the tributaries to any stream, which contains or supports, or
under normal circumstances contains or supports, resident or migratory fish. If there exists a natural
permanent blockage on the stream course which precludes the upstream movement of anadromous
salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage
shall be regulated as a major stream.
Manufactured homes means a factory-built structure transportable in one or more sections which is
bllilt on a permanent chassis and designed to be a dwelling with or without a permanent foundation when
connected to required utilities. A manufactured home shall be built to comply with the National
Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15,
1976).
Manufacturing and production means the mechanical or chemical transformation of materials or
substances into new products, including the assembling of component parts, the creation of products, and
the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is
divided into the following categories:
(1) Manufacturing and production, general means establishments typically manufacturing and
producing for the wholesale market.
(2) Manufacturing and production, limited, means retail establishments engaged in the small-
scale manufacture, production, and on-site sales of custom goods and products. These uses are
distinguished from "manufacturing and production, general" by a predominant use of hand tools or
domestic mechanical equipment, limited number of employees, limited sales volume, limited truck
deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront
with a public entrance that is in scale with the overall building and oriented to the right-of-way. This
category includes uses such as ceramic studios; candle-making shops; custom iewelry manufacturing;
woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial
limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns: production of
goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of
specialized food products such as caterers, bakeries, candy stores, microbreweries. and beverage bottlers.
Manufacturing and production, general, means establishments engaged in the mechanical or chemical
transformation of materials or substances into new products, including the assembling of component
parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors, and
is typically carried on for the v/holesale market.
Ordinance No. 09-593
Page 50 of90
Manufacturing and production, limited, means retail establishments engaged in the small scale
manufacture, production, and on site sales of custom goods and products. This classification includes
uses such as ceramic studios; candle making shops; custom jewelrj manufacturing; v/ood\vorking and
cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; or
dental appliances such as bridges, dentmes, and crowns; production of goods from finished materials such
as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as
caterers, bakeries, candy stores, microbreweries, and beverage bottlers. These 1:lses are distinguished from
"manufacturing and production, general" by a predominant use of hand tools or domestic mechanical
equipment, limited IRunber of employees, limited sales volume, limited truck deliveries, little or no
outdoor storage, typical retail hours of operation, and an ob';ious retail storefront with a public entrance
that is in scale v/ith the overall building and oriented to the right of way.
Maximum lot coverage means the maximum percentage of the surface of the subject property that
may be covered with materials which will not allow for the percolation of water into the underlying soils.
See FWCC 22-955 et seq. for further details.
Mean sea level means the level ofPuget Sound at zero tide as established by the U.S. Army Corps of
Engineers.
Medium density zones means the following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
Microcell means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
Minor facility means a wireless communication facility consisting of up to three antennas, each of
which is either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length";
A minor facility includes any and the associated equipment cabinet that is six feet or less in height and no
more than 48 square feet in floor area.
Minor stream means any stream that does not meet the definition of "major stream."
Mixed-use building means a building containing two or more different principal permitted uses, as
determined by the director, and which occupy separate tenant spaces.
Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
Multiple-story building means a building containing two or more floors of active permitted use(s),
and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive
areas, contains at least 33 percent of the ground floor area.
Multiuse complex means all of the following: a group of separate buildings operating under a
common name or management; or a single building containing multiple uses where there are specific
exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that
request treatment as a multiuse complex.
Multi-tenant complex means a complex containing two or more uses or businesses.
Mural means a design or representation that is painted or drawn on the exterior surface of a structure
and that does not advertise a business, product, service, or activity.
\
22-1.14 Definitions. N.
Natural features means physical characteristics of the subject property that are not manmade..
Natural materials means materials chemically unaltered from their natural state.
Noise means the intensity, duration and character of sonnd from any and all sources.
Natural surveillance means easy observation of buildings, spaces, and activities by people passing
living, working, or recreating nearby.
Ordinance No. 09-593
Page 510[90
Nonconformance means any use, structure, lot, condition, activity or any other feature or element of
private or public property or the use or utilization of private or public property that does not conform to
any of the provisions of this chapter or that was not approved by the city of Federal Way through the
appropriate decision-making process required under this chapter.
Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which
water can freely percolate to the soil beneath.
Normal maintenance includes interior and exterior repairs and incidental alterations. Normal
maintenance and repair may include includes, but is not limited to, painting, roof repair and replacement,
plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization.
Incidental alterations may include includes, but is not limited to, construction of nonbearing walls or
partitions.
Notice of determination for signs regulations means the determination that the city issues as to
whether a sign conforms to this article and other sections of this Code.
Nursing home means the same as convalescent center. See "Convalescent center. "
22-1.15 Definitions. O.
Occupant means a person that legally occupies a structure or property.
Odor means stimulus affecting the olfactory nerves.
Office use means a place of employment providing services other than production, distribution, sale
or repair of goods or commodities, and includes but is not limited to. The follov/ing is a nonexclusive list
of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural,
engineering, consulting or other similar professional services; management, administrative, secretarial,
marketing, advertising, personnel or other similar personnel services; sales offices where no inventories
or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or
other similar services. The following uses are specifically excluded from the definition of office: banks,
savings and loan companies and similar financial institutions.
Office zones means the PO, OP and CP-l zoning districts.
Official notification boards of the city means the bulletin boards in the public areas of City Hall and
other public locations as designated by city council.
On-site hazardous waste treatment and storage facilities means facilities which treat and store
hazardous wastes generated on the same property or geographically contiguous properties, which may be
divided bv public or private right of way if the entrance and exit between the properties is at a cross-roads
intersection and access is by crossing as opposed to going along the right of way. same lot or
geographically contiguous or bordering property. Travel betv/een two properties di'/ided by a public right
of way, and owned, operated or controlled by the same person, shall be considered on site travel if:
(1) The travel crosses the right of \-vay at a perpendicular intersection; or
(2) The right of woy is controlled by the property owner and is inaccessible to the public (see W/\.C
173 303 010(39)).
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of evidence and information, under procedures prescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Open space means land not covered by buildings, roadways, parking areas or other surfaces through
which water cannot percolate into the underlying soils.
Open space, private, means common open space, the use of which is normally limited to the
occupants of a single dwelling or building or property.
Open space, public, means open space owned by a public agency and maintained by it for the use and
enjoyment of the general public.
Ordinary high water mark means, on lakes, streams and tidal waters, that mark that V/ill be found by
examining the bed, banks, or shore and ascertaining where the presence and action of waters are so
Ordinance No. 09-593
Page 52 of90
common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character
distinct from that of the abutting uplands with respect to vegetation. ; provided, that any tidal area where
Where the ordinary high water mark cannot be found bv mark based on the previous text of this
definition, the ordinary high water mark shall be the line of mean higher high tide for salt water and the
line of mean high water for fresh water. In any stream where neither mark nor mean high water can be
found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high
water mark or substitute shall be located so as to include the entire stream feature.
Outdoor means not contained within a building.
Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and not enclosed within a building.
Outdoor storage containers means new or used prefabricated metal or steel enclosures used for the
accessory storage of supplies, equipment, inventory, goods, commodities, or construction-related
materials; or temporary offices for active construction sites; designed without an axle or wheels; and
capable of being mounted on a chassis or bogie for movement by truck, trailer, rail car, or ship. This
definition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical
residential accessory buildings or structures such as garages and storage sheds~ garbage and recycling
containers; containers mounted on a truck or in some stage of transport; structures used or designed to be
used as living facilities, and portable moving containers as defined in this article. See FWCC 22-1114 and
22-1115.
Owner means, in reference to real property, the person or persons holding fee title to the property as
well as the purchaser or purchasers under any real estate contract involving the real property.
22-1.16 Definitions. P.
Panhandle lot means flag lot.
Parking area means any area designed aHdLor used for parking vehicles.
Parking space means an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use.
Parking structure means a building or structure consisting of more than one level. above and/or below
ground, and used for temporary storage of motor vehicles.
Person means any individual, partnership, association, corporation, unit of government or any other
legal entity.
Personal wireless services means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defined by federal laws and regulations.
Personal wireless service facility (PWSF) means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
Plaza means a pedestrian space that is available for public use and is situated near a main entrance to
a building or is clearly visible and accessible from the adiacent right-of-way. Typical features and
furnishings include special paving, landscaping, pedestrian-scale lighting, seating areas, weather
protection, water features, art, trash receptacles, and bicycle racks.
Portable moving containers means new or used prefabricated units that can be rented by residential or
business customers for temporary accessory moving and storage activities, including, but not limited to,
such products trademarked as "PODS" (Personal On Demand Storage). "SAM" (Store and Move), and
"Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary
loading period, then retrieved by truck and delivered to another location, which may include a storage
facility. See FWCC 22-964.
Preapplication conference means a meeting, between an applicant and members of the development
review committee, which is held prior to formal application, during which the project is discussed relative
to city and other pertinent codes andfef regulations.
Ordinance No. 09-593
Page 53 0(90
Primary d\vclling unit means the main structure located on the subjeet property which is
distinguishable from ony accessory dwelling unit because it is greater in total square footage.
Primary vehicular access means the street, vehicular access easement, or private tract from which the
majority of vehicles enter the subject property.
Principal use means the primary or predominant use of any lot or parcel.
Private club means an association of persons organized for some common purpose, but not including
groups organized primarily to sell merchandise or render a service which is customarily carried on as a
business.
Property line means those lines enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adjacent to a primary vehicular access. If the
subject property is adjacent to more than one primary vehicular access, the applicant shall designate
which of the adjacent property lines is the front property line and the remainder of such adjacent property
lines will be considered as either a rear property line or side property line, based on the definition in this
section, except the property line adjacent to an arterial or primary collector shall not be designated as a
primary vehicular access.
(2) For flag lots, the yard setbacks shall be applied per the following graphic:
Ordinance No. 09-593
Page 54 0{90
.". .......".....,.. *- - '<"'-i
Flag Lot Setbacks
.
\.., '''' "" ~
.
,. ~
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ror lot 1
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tf
I
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.
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.
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-t,...... .........'... _......... ""'.,.. .,..""..,..... ",,:l
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Oriveway
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oi'prfncfpai coflector
Oriveway for Lot 2
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-piine.ipal-coilector
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,
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lot 3
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F ::: Front Yard
S ;; Side Yard
R ;; Rear Yard
(3) The rear property line is any property line that is farthest from, and essentially parallel to, the front
property line.
Ordinance No. 09-593
Page 55 of90
(4) The side property line is any property line other than a front property line or a rear property line.
Public space means a passive or active recreational area designed specifically for use by the general
public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens,
plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and
may contain exterior or interior spaces. Such areas shall be easily accessible from adiacent public areas
and available to the public at least 12 hours each weekday. Public on-site open space may be privately
owned, but must be permanently set aside and maintained for the use and benefit of the public.
Public park means a natural or landscaped area, provided by a unit of government, to meet the active
or passive recreational needs of people.
Public utility means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such services
shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and freight. The term also includes broadcast towers, antennas and related
facilities operated on a commercial basis.
Public works director means the director of the department of public works of the city.
22-1.17 Definitions. Q.
Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria:
(1) Has received a baccalaureate or post-graduate degree in earth science or engineering; and
(2) Has sufficient education and experience in geology and hydrogeology as may be demonstrated by
state registration, professional certifications, or licensing that enable that individual to make sound
professional judgments regarding groundwater and groundwater vulnerability.
Quasi-public use means a use owned or operated by a private nonprofit or philanthropic institution
that provides cultural. recreational. or similar types of programs and services.
22-1.18 Definitions, R.
Regulated lakes means Wetlands Nos. 8-21-4-26, 7-21-4-71,11-21-3-9,14-21-3-2,14-21-3-5,13-21-
3-12,9-21-4-38,17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19,1999, city of Federal
Way final wetland inventory report, except vegetated areas which are meeting the definition of "regulated
'.vetland" located in and around the margins of regulated lakes ami fall under FWCC 22-1357 shall be
considered regulated wetlands.
Regulated wetlands. See the definition of "regulated wetlands" under the definition of "wetlands."
Registration sticker for the purpose of sign regulations means the sticker that is assigned to a sign that
has been inventoried and has been determined to comply with this article and other sections of this Code.
Relative means persons connected through blood, marriage or other legal relationships by not more
than four degrees or affinity or consanguinity and including persons under legal guardianship.
Required yard means the area adjacent to and interior from a property line or the ordinary high water
mark (OHWM) of a lot, as prescribed by regulations, and is the minimum required distance between a
structure and a specific line, such as a property line, edge of private tract, or vehicular access easement
that is required to remain free of structures. If two or more required yards are coincidental, the area will
be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for
flag lots, required setbacks are categorized as follows:
(1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance
therefrom equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required rear yard depth.
(3) Ordinary high water line yard. That portion of a lot adjacent to and parallel with the OHWM and
at a distance landward therefrom established in this chapter.
Ordinance No. 09-593
Page 56 of90
(4j Side. That portion of a lot adjacent to and parallel with each side property line and at a distance
therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be
designated side yards.
Residential use means developments and occupancy in which persons sleep and prepare food, other
than developments used for transient occupancy.
Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6,
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared
food or beverages and generally for consumption on the premises.
Retail establishment means a commercial enterprise which provides goods and/or services directly to
the consumer, where such goods are available for immediate purchase and removal from the premises by
the purchaser.
Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general
public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale
of such goods, involving. Bulk retail involves a high volume of sales of related and/or unrelated products
in a warehouse setting~ and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is
differentiated from general retail by any of the following characteristics:
(1) Items for sale include large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may
also include a variety of carry out goods, e.g., groceries, household, and personal care products;
(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling
warehouse areas, high-rack displays, and/or outdoor storage areas; and
(3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor
pick-up area, and high parking-to-building ratios.
Retail sales, general and specialty, means a retail establishment that is not engaged in bulk retail and
is differentiated from bulk retail by the size of the building, size of items purchased and sales '<,olume.
General and specialty retail includes the sale of smaller items such as groceries, drug store sundries,
specialty hardware, paint supplies, and sports equipment, etc, typically selling to the general public and is
differentiated from bulk retail by the size of the building, size of items purchased, sales volume, and
typically does not sell at a discount or in a volume warehouse store. Typically not a discount or volume
warehouse store. Typical user is the general public.
Retail sales, second hand merchandise means an individual or establishment that sells second hand
merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances;
thrift stores; consignment stores; and flea markets. This definition docs not include the sale of antiques or
collectibles as defined in tills article.
Retail shopping center, regional means a series of unified commercial establishments that provide
retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to
a state or federal highway, with shared parking facilities, with a combined gross floor area of at least
500,000 square feet, and with all or some of the stores configured with an inward orientation and
connected with common interior walkway(s).
Right of 'Nay means land dedicated or conveyed to the public or a unit of goyemment, the primary
purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent
parcels, with the secondary purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Right-of-way, in addition to its normal meaning, may include, for purposes of the community design
guidelines or sign regulations, land privately owned, used primarily for the movement of vehicles or
pedestrian traffic, so long as such privately owned land has been constructed in compliance with all
applicable laws and standards for a public right-of-way.
Right-of-way realignment means the changing of the horizontal position of the improvements in a
right-of-way.
Ordinance No. 09-593
Page 57 of90
Roofline means the line formed by the outside of the gable of the roof, or if the roof is flat or
mansard, the top of the roof or mansard.
Runoff means the overland or subsurface flow of water.
22-1.19 Definitions. S.
Schools means institutions of learning, excluding those offering post-secondary education, offering
instruction in the several branches of learning and study required by the Basic Education Code of the
State of Washington to be taught in public, private and parochial schools, including those disciplines
considered vocational, business-related, or trade in nature.
Secondhand merchandise means used or remanufactured goods and includes used books, records,
clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn
shops, thrift stores, consignment stores, and flea markets. Secondhand merchandise does not include
used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles.
Self-service storage facilities means a structure or group of structures for the storage of personal
property where individual stalls or lockers are rented out to different tenants for storage.
Shared access points means a common point of vehicle access from a street to more than one lot or
use.
Sight line means the line of vision from a person to a place or building.
Sign means any communication device, structure, fixture, or placard that uses colors, words, letters,
numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the
purpose of:
(a) Providing information or directions; or
(b) Promoting, identifying, or advertising any place, building, use, business, event, establishment
product good, or service. and includes all supports, braces, guys, and anchors associated with such sign.
Painted wall designs or patterns which do not represent a product service, or registered trademark, and
which do not identify the user, are not considered signs. If a painted wall design or pattern is combined
with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be
considered as part of the sign. The following types of signs are included in the definition of signs:
Abandoned sign means any sign remaining in place after a sign has not been maintained for a
period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180
consecutive days.
Advertised activity for freeway profile signs. For the purpose of measuring from the advertised
activity for an individual business, the distance shall be measured from the sign to the nearest portion of
that building, storage. or other structure or processing area which is the most regularly used and essential
to the conduct of the activity; and for a center identification sign, which identifies businesses within a
multi-tenant complex, the distance shall be measured from the sign to the nearest portion of the combined
parking area of the subject property.
Animated or moving sign means any sign that uses movement or the appearance of movement of
a sign display through the use of patterns of lights, changes in color or light intensity, computerized
special effects, video display, or through any other method, chasing or scintillating lights, fluttering or
moving lights, lights with stroboscopic effect or containing elements creating sound or smell; except for
the scrolling of a static message, scene, or color onto or off a sign board in one direction per message.
Awning sign means a non-electric sign on the vertical surface or flap that is printed on, painted
on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes
only, and therefore, shall point toward the ground and not illuminate the canopy. (See also "Marquee
sign.")
Ordinance No. 09-593
Page 58 of90
------"
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Figure 1- A1l'ning or Canopy Sign
Banner means a sign made of fabric or any nonrigid material with no enclosing framework.
Billboard means permanent outdoor advertising off-site signs containing a message, commercial
or otherwise, unrelated to any use or activity on the subiect property on which the sign is located, but not
including civic event signs, signs oriented to the interior of sports fields, government signs, or
instructional signs.
Building-mounted signs means any sign attached to the facade or face of a building or mansard
roof including without limitation wall signs, marquee signs, under canopy signs and proiecting signs.
Cabinet sign means a sign constructed of a box, rigid material. or framework over or within
which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either
interior or exterior illumination.
E
Figure 2 - Cabinet Sign
Canopy sign means the same as "Awning sign."
Center identification sign means a building-mounted or freestanding sign that identifies the name
and/or logo of a development containing more than one office, retail. institutional or industrial use or
tenant and which may separately identify the tenants.
Changeable copy sign means a sign whose informational content can be changed or altered
(without changing or altering the sign frame, sign supports or electrical parts) by manual or electric,
electro-mechanical. or electronic means. A sign on which the message changes more than eight times a
day shall be considered an electronic changeable message sign and not a changeable copy sign for
purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time
and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign.
Construction sign means a temporary sign identifying an architect. contractor, subcontractor,
and/or material supplier participating in construction on the property on which the sign is located.
Construction signs also include "Coming Soon" and "Open During Construction" signs.
Directional sign, on-site means a sign giving directions, instructions, or facility information and
which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or
entrance signs).
Electrical sign means a sign or sign structure in which electrical wiring, connections. or fixtures
are used.
Ordinance No. 09-593
Page 59 of90
Electronic changeable message sign means an electronically activated sign whose message
content, either whole or in part. may be changed by means of electronic programming.
Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a
constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical
energy or illumination.
Freestanding sign means a sign supported permanently upon the ground by poles. pylons. braces
or a solid base and not attached to any building. Freestanding signs include those signs otherwise known
as "pedestal signs," "pole signs." "pylon signs." and "monument signs."
Si9n
H~ight
Sign
H'6ight
Figure 3 - Freestanding Sign
Fuel price sign means a sign displaying the price of fuel for motorized vehicles.
Ground-mounted sign means a pedestal sign, pole. pylon. monument sign, or any SIgn
permanently affixed to the ground.
Government sign means any temporary or permanent sign erected and maintained by any city.
public utility, county. state. or federal government for designation of or direction to any school. hospital.
hospital site, property. or facility. including without limitation traffic signs, directional signs, warning
signs. informational signs. and signs displaying a public service message.
Instructional sign means a sign which designates public information including. without limitation.
public restroom signs, public telephone signs. exit signs and hours of operation signs.
Integral sign means a sign displaying a building date, monument citation. commemorative
inscription. or similar historic information.
Kiosk means a freestanding sign, which may have a round shape or which may have two or more
faces and which is used to provide directions. advertising or general information.
Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-
like proiecting structure attached to a building.
Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive-
through restaurant.
Monument sign means a freestanding sign supported permanently upon the ground by a solid
base of landscape construction materials such as brick. stucco. stonework. textured wood, tile or textured
Ordinance No. 09-593
Page 60 of90
concrete materials harmonious with the materials of the primary structure on the subiect property. (See
drawing set forth in FWCC 22-1602(c)(2), Figure 8.)
Identification sign means a sign whose copy is limited to the name and address of a building,
institution, or person and/or to the activity or occupation being identified.
Identification sign (subdivision) means a freestanding or wall sign identifying a recognized
subdivision, condominium complex, or residential development.
Illuminated sign means a sign with an artificial light source incorporated internally or externally
for the purpose of illuminating the sign.
Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or
services available on the premises (e.g., a credit card sign or a sign indicating hours of business).
Nameplate means a non-electric on-premises identification sign giving only the name, address,
and/or occupation of an occupant or group of occupants of the building.
Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other
similar gas, which glows when electric current is sent through it.
Nonconforming sign means any sign, which was legally in existence on the effective date of this
Code, February 28, 1990. or on the effective date of annexation if located in areas annexed to the city
thereafter, but which does not comply with this article or any other sections of this Code.
Obsolete sign means a sign that advertises a product that is no longer made, a business that is no
longer in operation, or an activity or event that has already occurred, except for historical signs.
Off-site sign means a sign relating, through its message and content, to a business activity, use,
product, or service not available on the subject property on which the sign is located.
On-site sign means a sign which contains only advertising strictly applicable to a lawful use of
the subject property on which the sign is located, including without limitation signs indicating the
business transacted, principal services rendered, and goods sold or produced on the subject property, or
name of the business and name of the person occupying the subiect property.
Pedestal sign means a freestanding sign supported permanently upon the ground by a solid base
of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured
concrete materials harmonious with the materials of the primary structure on the subject property. Such
base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-
1602( c)(1), Figure 6.)
Point of purchase display or sign means an advertisement for an item accompanying its display
indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product
dispenser, tire display, recycling containers, collection containers. gas pumps, phone booths, etc.).
Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or
braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials
harmonious with the materials of the primary structure on the subiect property and not attached to any
building. (See drawing set forth in FWCC 22-1602( c)(1 ), Figure 7.)
Political signs means temporary signs advertising a candidate or candidates for public elective
office, or a political party, or signs urging a particular vote on a public issue decided by ballot in
connection with local. state, or national election or referendum.
Portable sign means any sign designed to be moved easily and not permanently affixed to the
ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are
made of durable materials such as metal. wood, or plastic.
Pre-opening sign means a temporary sign which identifies a new business moving into a new
tenant space or building. The sign must include the name of the business and copy stating the business
'11 ( "C . S " "0 . S " )
WI open soon e.g., ommg oon... perung oon..., etc. .
Private advertising si~ means a temporary sign announcing an event, use or condition of
personal concern to the sign user including without limitation "garage sale" or "lost animal" signs.
Private notice sign means a sign announcing a restriction or warning regarding the subiect
property, such as, but not limited to, "no trespassing" or "beware of dog."
Ordinance No. 09-593
Page 61 of90
Projecting sign means a sign. other than a flat wall sign. which is attached to and projects from a
building wall or other structure not specifically designed to support the sign.
o 0
I I
Figure 4 - Projecting Sign
Real estate. on-site sign means a sign placed on the subject property and announcing the sale or
rental of the subject property.
Roof sign means any sign erected. constructed. or placed upon. over. or extended above any
portion of the roof of a building or structure. excluding signs affixed to the vertical face of a mansard or
gambrel style roof. in which case a roof sign is any sign erected. constructed. or placed upon. over. or
extended above the lowest vertical section of a mansard or gambrel roof.
Snipe sign means a temporary sign or poster posted on trees. fences. light posts or utility poles.
except those posted by a government or public utility.
Temporary sign means a sign not constructed or intended for long-term use.
Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of
a building or center.
Time and temperature sign means any sign that displays the current time and temperature.
without any commercial message.
Under canopy sign means any sign intended generally to attract pedestrian traffic suspended
beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face
and which contains no commercial messages other than the name ofthe business.
Ordinance No. 09-593
Page 62 of90
Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of
advertising a product or service, or providing directions to such products or services.
Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a
sign attached essentially parallel to and extending not more than 24 inches from the wall of a building
with no copy on the side or edges.
Warning sign means any sign which is intended to warn persons of prohibited activities such as
"no trespassing," "no hunting," and "no dumping."
Window sign means all signs affixed to a window and intended to be viewed from the exterior of
the structure.
Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics,
graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure,
architectural embellishments and framework. Sign area is calculated by measuring the perimeter
enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols,
trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or
symbols using a canopy, awning or wall as the background, without added decoration or change in the
canopy, awning or wall color, by measuring the perimeter enclosing each letter, number, or symbol and
totaling the square footage of these perimeters.
Grocery
I G+r+o+c+e+r+y ;; Sign Area. I
Ordinance No. 09-593
Page 63 0[90
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Figure 5 - Calculating Sign Arc
Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics,
graphic design, figures, logos, trademark and/or written COPy is placed.
Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried and
determined to be a legal nonconforming sign.
Sign inventory sticker number means the inventory number that is assigned to a sign after it has been
inventoried and determined to be a legal nonconforming sign.
Sign registration means the approval issued to any sign that has an approved sign permit and that has
passed all inspections required bv the city, or is in conformance with this Code after an analysis
conducted as part of a sign inventory.
Significant natural vegetation means any area containing a concentration of significant trees; any area
of significant biological importance; and any area containing dense, mature, native vegetation.
Significant trees. ,\ "significant tree" shall be defined as: means a tree that is
(I) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet
above ground; att6
(2) In good health; att6
(3) Not detrimental to the community, including but not limited to not (e.g., is not diseased,
dying, er likely of falling to fall into public open space or right-of-way, etc.) or obscuring safe sight
distance requirements; and
(4) Not a Significant trees shall not include red alder, cottonwood, poplar or big leaf maple.
Silt or sediment means the soils or rock fragments soil particles mobilized and deposited by the
processes of erosion and deposition, which are transported by, suspended in. or deposited by water.
Single housekeeping unit means a person an individual, a group of not more than three persons,;-er
two or more or a group of persons connected through blood, marriage or other legal relationships
individuals related by not more than four degrees of affinity or consanguinity afld-including persons under
legal guardianship, or a group of not more than three persons who are not related by four or fev,'er degrees
of affinity or consanguinity; pro','ided, hovlever, that any. Anv limitation on the number of residents
resulting from this definition shall not be applied if it prohibits to the extent it would prevent the city from
making reasonable accommodations to disabled persons in order to afford such persons equal opportunity
to use and enjoy a dwelling as required by the Fair Housing ,\mendments Act federal fair housing
amendments act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that
Ordinance No. 09-593
Page 64 of90
would cause a residential structure occupied by persons with handicaps, as defined in the federal fair
housing amendments act of 1988, to be treated differently than a similar residential structure occupied by
other related or unrelated individuals.
Single-use building means a building which contains one use.
Site means subiect property
Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.),
foxes, bobcats and similar small wild animals.
Social service transitional housing means facilities other than offices and group homes as defined in
this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing
temporary and transitional housing to individuals on an as-needed basis, operated by a nonprofit social
service agency, licensed as required by the state, including, but not limited to, emergency shelters,
homeless shelters, domestic violence shelters, and other such crisis intervention facilities; but excluding
offices and group homes as defined in this chapter. Any limitation on the number of residents in social
service transitional housing shall not be applied if it prohibits the city from making reasonable
accommodations to disabled persons in order to afford such persons equal opportunity to use and enioy a
dwelling as required by the federal fair housing amendments act of 1988, 42 USC 3604(f)(3)(b). This
definition shall not be applied to the extent that would cause a residential structure occupied by persons
with handicaps, as defined in the federal fair housing amendments act of 1988, to be treated differently
than a similar residential structure occupied by other related or unrelated individuals. This classifieation
includes domestic violence shelters as defined herein, except that such shelters "'/herein the total number
of residents does not exceed the maximum number allov/ed under the "family" definition may be
permitted outright in all residential zones. This category includes:
(1) Type A: Social service transitional housing limited to a maximum number of residents as
allowed under the definition of "family". Maximum number of residents to be consistent with the
maximum number ofunrclated adults allowed under the zoning definition of family.
(2) Type B: Social service transitional housing with a more than the maximum number of
residents allowed under the definition of "family". .^.ll social service transitional housing not meeting the
definition of "Type i\," abo'/e. Maximum number to be determined on a case by ease basis.
The limitation on the number of residents in social service transitional housing shall not be applied if
it prohibits the city from making reasonable accommodations to disabled persons in order to afford such
persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing .^.mendments Act
of 1988, 12 USC 3601(f)(3)(b ).
Special needs housing means housing not specifically defined by this chapter, and which will be
processed under the classification most closely related to the proposed use, as determined by the director
of cOlllIlRlnity development services.
State Environmental Policy Act means Chapter 43.21 C RCW.
Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially.
Story means the area of a structure between the floor and the horizontal supporting members of the
ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area
between that floor and the ceiling directly above is not a story.
Stream means a course or route, formed by nature, including those which have been modified by
humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its
length, along which surface waters naturally and normally flow in draining from higher to lower
elevations. A stream need not contain water year round. In a developing setting development, streams
may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This
definition is not meant to does not include irrigation ditches, stormwater facilities or other artificial
watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed
to convey .1:! natural streams stream which existed prior to construction of the watercourse. Those
topographic features that resemble streams but have no defined channels shall be considered streams
Ordinance No. 09-593
Page 65 of90
when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a
defined channel after development.
Street means both of the follov/ing:
fl+A!! public right-of-way~
RtA and a vehicular access easement or tract.
Street providing direct vehicle access means the street from which a vehicle can enter the subject
property without traversing another street or piece of property. In the case of a multiuse complex, the
street providing direct vehicular access is the exterior street that borders the complex and not an internal
street surrounded by the complex.
Streetscape amenities means pedestrian-oriented features and furnishings within the streetscape, such
as bench seats or sitting walls, weather protection, water features, art, transit stops with seating,
architectural facade treatments, garden space associated with residences, pedestrian-scale lighting,
landscaping that does not block views from the street or adiacent buildings, special paving, kiosks,
trellises, trash receptacles, and bike racks.
Streetscape means the visual character and quality of a street as determined by various elements
located between the street and building facades, such as trees and other landscaping, street furniture,
artwork. transit stops, and the architectural quality of street-facing building facades.
Structure means an)thing which is built or constructed, an edifice or building of any kind or any piece
of work artificially built up or composed of parts joiRed together in some definite manner a combination
or arrangement of material for use, occupancy, or ornamentation, whether installed on, above,. or below
the surface of land or water.
Structural alterations means any change in the supporting member of a building or structure.
Structured parking means parking provided on more than one level and within a structure, either
above- or below-grade. Structured parking shall not include a surface parking lot.
Subject property means the entire lot or parcel, or series of lots or parcels, on which a development,
activity, or use is exists or will occur leeate, or on which any activity or condition regulated by or subject
to development regulations this chapter is exists or will occur or toke place.
Support structure means any built structure, including any guy wires and anchors, to which an
antenna and other necessary associated hardware is mounted. Support structures may include the
following:
(1) Lattice tower. A support structure which consists of a network of crossed metal braces,
forming a tower which is usually triangular or square in cross-section.
(2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect
by the use of guy wires and anchors.
(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the
ground and/or attached to a concrete pad.
(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with
certain conditions.
Surface parking lot means an off-street, ground level open area, usually improved, for the temporary
storage of motor vehicles.
22-1,20 Definitions, T.
Temporary personal wireless service facility means a personal wireless service facility which is to be
placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a
permanent foundation.
Tenant improvement means any work, improvement or remodeling completely within the interior of a
building necessary to meet the varied requirements of continuing or succeeding tenants.
Threshold determination means the decision by the responsible official (the community development
services director) whether or not an environmental impact statement (EIS) is required for projects that are
not categorically exempt under the State Environmental Policy Act (SEP A).
Ordinance No. 09-593
Page 66 0(90
Topsoil means the uppermost strata of soil containing a large percentage of organic materials and
which is capable of providing suitable nourishment for vegetation.
Townhouse means a type of attached multifamily dwelling in a row of at least two such units in
which each unit has its own front and rear access to the outside, no unit is located over another unit, and
each unit is separated from any other unit by one or more vertical common fire-resistant walls. See
definition of "dwelling unit, townhouse."
Trade school means a post-secondary institution that trains persons for qualification in specific trades
or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics
repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending.
Traffic control devices means signs, signals, stripes and other mechanical or graphic items which
control the flow, direction or speed of vehicular and pedestrian traffic.
Transparent glass means windows that are transparent enough to permit a reasonable level of
visibility of the activities within a building from nearby streets, sidewalks and public spaces.
22-1.21 Definitions. U.
Use means the nature of the activities taking place on ~ property or within structures thereon.
Each separate listing under the "Use" colunm in FWCC 22-596 through 22-878 is a separate use.
22-1.22 Definitions. V.
Vehicle service station means a commercial use supplying petroleum products that are for immediate
use in a vehicle.
Vehicle storage area means an outside area which is used for the storage aHdLor display of operational
vehicles.
Vehicular access easement or tract means privately owned land used and legally committed, through
easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to
properties other than the property within the tract or easement. It may also provide space for utility lines
and appurtenances and other devices and facilities benefiting nearby properties or the public. See
definition of "ingress/egress and utilities easement."
22-1.23 Definitions. W.
Water feature means a fountain, cascade, stream water, water walL water sculpture, or reflection
pond. The purpose is to serve as a focal point for pedestrian activity.
Waterward means toward the body of water.
Well means a hole or shaft sunk into the earth to tap an underground supply of water.
Wellfield means an area containing two or more wells with overlapping zones of contribution that
supply a public water system.
Wellhead means the top of the shaft of a well or similar water extraction facility from which potable
water is extracted.
Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well.
Capture zones are usually defined according to the time that it takes for water within a particular zone to
travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of
assumptions required to conduct the calculation.
Wellhead protection area (WHPA) means the surface and subsurface area surrounding a well or
wellfield that supplies a public water system through which contaminants are likely to pass and eventually
reach the water well(s) as designated under the Federal Clean Water Act.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
Ordinance No. 09-593
Page 67 of90
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology publication No. 96 91) as sot forth in 'N,\C 17322080, as it exists as of November 1,1999, or
as subsequently amended, will be used for identification and delineation of"'/etlands within the city.
,^.lthough a site specific ''vetland may not meet the criteria described above, it 'Hill be considCf'ed a
regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated wetlands means:
(1) Those ',vetlands, as described beh,V, which fall into one or more of the following categories:
a. Category I wetlands meot one of the following criteria:
1. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptional local significance including but not limited to estuarine systems, peat
bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique
educational sites; or
3. Haye three or more ',vetland classes, one of which is open water.
b. Category II y;etlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, and meet one of thc follm'ling criteria:
1. ,'\Te contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams v;here flow is intermittent; or
2. ,\re greater than one acre in size in its entirety; or
3. ,\re less than or equal to one acre in size in its entirety and have two or more wetland
classes, with neither class dominated by non nati','e invasive species.
c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(2) See definition of "regulated lakes."
Wholesale trade means a commercial establishment which sells to retail establishments.
22-1.24 Definitions, X.
22-1.25 Definitions, Y.
22-1.26 Definitions, Z,
Zero lot line means the location of a building in such a manner that one or more of the building's
sides rest directly on a lot line.
Zones mean use zones . See as described in FWCC 22-596 through 22-906.
Zoning map means the series of maps adopted by the city, and designated the official zoning map of
the city, showing the geographical location of use zones within the municipal boundaries.
(Ord. No. 90-43, S 2(3.10),2-27-90; Ord. No. 90-51, SS 1,2,3-27-90; Ord. No. 91-87, SS 2 - 4,2-5-
91; Ord. No. 91-92, S 4, 4-16-91; Ord. No. 91-100, S 4, 6-4-91; Ord. No. 91-105, S 3, 8-20-91; Ord. No.
91-113, S 3,12-3-91; Ord. No. 94-223 S 3(A), 10-18-94; Ord. No. 95-245, S 3(A), 11-21-95; Ord. No. 96-
269, S 3, 6-18-96; Ord. No. 96-270, S 3(A), 7-2-96; Ord. No. 97-295, S 3, 5-20-97; Ord. No. 97-291, g 3,
4-1-97; Ord. No. 97-296, g 3, 6-17-97; Ord. No. 97-300, g 3, 9-16-97; Ord. No. 97-307, S 3, 12-16-97;
Ord. No. 99-337, S 2, 3-2-99; Ord. No. 99-347, g 3, 8-3-99; Ord. No. 99-348, S 2, 9-7-99; Ord. No. 99-
353, S 3, 11-16-99; Ord. No. 99-357, S 3, 12-7-99; Ord. No. 00-363, S 2, 1-4-00; Ord. No. 01-385, S 3,4-
3-01; Ord. No. 02-424, S 3, 9-17-02; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 04-457, S 3,2-3-04; Ord.
No. 04-468, S 3,11-16-04; Ord. No. 05-506, S 3, 10-18-05; Ord. No. 06-515, S 3,2-7-06; Ord. No. 06-
533, S 5(Exh. A), 9-19-06; Ord. No. 07-545, S 3(Exh. A), 1-2-07; Ord. No. 07-554, S 5(Exh. A(3)), 5-15-
07; Ord. No. 07-559, S 3(Exh. A), 7-3-07)
Ordinance No. 09-593
Page 68 of90
SECTION 25. A new Section shall be added to Chapter 22, Article I, of the Federal Way City Code
[FWRC 19.05.120] to read as follows: (what is the FWCC site?)
22-12 rFWRC 19.05.1201 Application ofre2ulations.
Except as otherwise provided in this title:
1. No building or part thereof or other structure shall be erected. altered, added to, or enlarged, nor
shall any land, building, structure, or premises be used, designated, or intended to be used for any purpose
or in any manner other than is included among the uses listed in this title as permitted in the district in
which such building, land, or premises are located.
2. No building or part thereof or structure shall be erected, reconstructed, or structurally altered to
exceed in height the limit designated in this title for the district in which such building is located.
3. No building or part thereof or structure shall be erected, nor shall any existing building be altered,
enlarged, or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in
any manner, except in conformity to the yard, building site area, and building location regulations
designated in this title for the district in which such building or open space is located.
4. In their interpretation and application, the provisions of this title shall be held to be minimum
requirements. Where this title imposes a greater restriction than is imposed or required by other rules or
regulations or ordinances, the provisions of this title shall control.
5. Activities and uses defined as "adult entertainment activity or use" are only permitted in the zone
where that term is specifically listed as an allowable use and only in conformance to the requirements as
stated for that use.
SECTION 26. A new section shall be added to Chapter 22, Article I, of the Federal Way City Code
[FWRC 19.05.130] to read as follows:
22-13 IFWRC 19.05.1301 Date of issuance of decisions
Where notice of a decision of the director or the hearing examiner is required to be mailed, the decision is
deemed issued three days after the date the decision is mailed. Proof of mailing shall be by affidavit or by
declaration under penalty of peIjury.
Decisions by the city council made by ordinance or resolution while sitting in a quasi-iudicial capacity,
are deemed issued on the date the council passes the ordinance or resolution, as evidenced by the date of
passage indicated on the face of the ordinance or resolution.
SECTION 27. A new section shall be added to Chapter 22, Article XIII, of the Federal Way City
Code to read as follows:
22-978 /19.105.0601 Group homes.
A group home type II proposing to serve iuveniles convicted of the offenses listed under group home type
III must be approved through process I to be treated as a group home type II and not a group home type
III. A group home type II-B must be approved under process I to have 25 or more residents including
residential staff.
SECTION 28. A new section is added to Chapter 22, Article XIII, of the Federal Way City Code
(FWRC 19.105.070) to read as follows:
22-979 /19.105.0701 Social service transitional housin2.
Ordinance No. 09-593
Page 69 0/90
Notwithstanding any provision to the contrary. domestic violence shelters (Type A) where the total
number of residents does not exceed the maximum number allowed under the definition of "family" may
be permitted outright in all residential zones. Any social service transitional housing must be approved
under process I to have more than the maximum number of residents allowed under the definition of
"family" (Type B's).
SECTION 29. Chapter 22, Article X, Section 22-547, of the Federal Way City Code shall be
amended to read as follows:
22-547 Definitions Cate20ries of temporary uses.
The following categories of temporary uses are established:
fB Class I temporary uses shall mean temporary uses including are temporary uses that do not fall under
Class II temporary uses. such as seasonal retail sales of agricultural or horticultural products such as
vegetable, fruit or flower stands; community festivals, circuses, carnivals, fairs, or similar transient
amusement, cultural, or recreational activities; and fundraising, rummage or other outdoor sales
sponsored by school, churches and other nonprofit organizations. Class I temporary uses shall be decided
under F\VCC 22 550; except that the director of community development may require an application to
be decided under FWCC 22 550 and process III, F'HCC 22 386 et seq., "/hen it is determined that the
degree and scope of potential impacts of the proposal warrant such review.
~ Class II temporary uses shall mean temporary uses including are temporary uses that involve such as
critical and essential human services of a nonprofit social services nature, including food banks, and
clothing banks, but not including homeless shelters, when the director of community development
services determines that the conditions prompting such proposal are of a critical and temporary nature.
Class II temporary uses shall be decided under FWCC 22 518(b). (Ord. No. 94-209, S 3, 3-15-94; Ord.
No. 97-291, S 3,4-1-97)
SECTION 30. Chapter 22, Article XIII, Section 22-977, of the Federal Way City Code (FWRC
19.225.005) shall be amended to read as follows:
22-977 (19.225.005] Increases to single-story construction limits - City center core and frame.
(aD Generally. The size of single-story buildings, and/or the total amount of new single-story
construction that can occur on a site may exceed the limits of 16,000 gross square feet as required by
Article XI, Division 8 [chapter 19.225 FWRC and chapter 19.230 FWRC], if approved by the director ef
community development services using the provisions in this section. The intent of this section is to
encourage creative design proposals and urban- scale, pedestrian-oriented development, by allowing
single-story buildings and/or single-story construction on a site to exceed the limits of 16,000 square feet,
based on the nature and extent to which a project incorporates a mix of uses, multiple-story buildings,
and/or public on-site open space.
(b) Definitions. The following definitions apply to this section:
(1 ) Floor area means the total area of a building floor plate in gross square feet.
(2) Mixed use building means a building containing 1'.'10 or more different principal permitted uses, as
determined by the director, and which occupy separate tenant spaces.
(3) Multiple story building means a building containing two or more floors of active permitted use(s),
and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive
areas, contains at least33 percent of the ground floor area.
(1) The site means subject property as defined by this chapter.
Ordinance No. 09-593
Page 700.f90
(e2) Formula. The following formula establishes the incremental increases beyond 16,000 gross square
feet that may be added to an existing or proposed single-story bui1ding(s) anywhere on the site, in
exchange for the specified uses and building forms:
(+.i!) One thousand square feet may be added in exchange for each 1,000 square feet of a principal
use(s) contained in an attached or detached mixed-use/multiple-story building.
(;!b) Two thousand square feet may be added in exchange for each dwelling unit contained in an
attached or detached mixed-use/multiple-story building.
(';~) One thousand square feet may be added in exchange for each five parking stalls contained in an
attached or detached parking str,ucture.
(4.d) One thousand square feet may be added in exchange for each 1,000 square feet of public on-site
open space; provided, that it is located and designed according to the definition and design criteria for
public on-site open space set forth in Article XIX.
(dl) Modifications. The director may approve minor modifications to the above formula based on
unusual site conditions or unique design proposals, provided the resulting project is consistent with
comprehensive plan policies promoting urban-scale, pedestrian-oriented development in the city center,
and meets all other applicable development regulations and design standards.
(e1) Exclusion from size limits. Those portions of a ground floor that are covered by upper floor space,
within buildings approved under this section, are excluded from the size limits of Article XI, Division 8
[chapter 19.225 FWRC and chapter 19.230 FWRC). (Ord. No. 06-515, S 3, 2-7-06)
SECTION 31. Chapter 22, Article XIV, Section 22-1356, of the Federal Way City Code shall be
amended to read as follows:
22-1356 Determination of wetland and regulated wetland.
(a) Generally. This section contains procedures and criteria for determining whether an area is defined
as n regulated wetland under this chapter. The March 1997 Washington State Wetlands Identification and
Delineation Manual (Department of Ecology publication No. 96-94) as set forth in WAC 173-22-080, as
it exists as of November 1, 1999, or as subsequently amended, will be used for identification and
delineation of wetlands within the city. Although a site-specific wetland may not meet the criteria
described above. it will be considered a regulated wetland if it is functionally related to another wetland
that meets the criteria. Where vegetation has been removed, a wetland may be determined by the presence
of hydric soils, as well as other documentation of the previous existence of wetland vegetation such as
aerial photographs.
(b) Evaluation. If the city determines that a wetland may exist on or within 200 feet of the subject
property, the director of community development shall require the applicant to submit a wetland report,
prepared by a qualified professional approved by the city, that includes the information set forth in
subsections (b)(l) through (b)(7) and (c) of this section. The director of community development shall use
the information required by subsections (b)(1) and (b )(2) to determine if the area is a regulated wetland
and, if so, shall use the information required by subsections (b)(3) through (b)(7) and (c) to determine the
category and the precise boundaries of that regulated wetland.
(I) An evaluation of whether the area in question is a regulated wetland under this section,
FWCC 22-1357. and the definition of wetland in 22-1., based on the definition of "regulated wetland" in
FWCC 2Ll.
(2) An overview of the methodology used to conduct the study.
(3) A description of the wetland and plant communities found therein, a map delineating the edge
of the wetland and location of plant communities, and a detailed description of the method used to
identify the wetland edge.
(4) The wetland classification, according to the U.S. Fish and Wildlife Service "Classification of
Wetlands and Deep Water Habitats in the U.S."
Ordinance No. 09-593
Page 71 of90
(5) A list of observed plant and wildlife species, using both scientific and common names, and a
description of their relative abundance.
(6) A list of potential plant or animal species based on signs or other observation.
(7) An evaluation and assessment of the existing or potential functions and values of the wetland
based on the following factors: surface water control; wildlife habitat; pollution and erosion control;
groundwater exchange; open space and recreation; and educational and cultural opportunities.
(c) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were
designed to impound or convey water for an engineered purpose are not considered regulated wetlands
under this article provided they meet all of the following criteria:
(1) The drainage facility must have been intentionally human created. This is to differentiate from
those wetland sites that are accidental consequences of development actions, such as road construction or
culvert placement. Such sites may be considered regulated wetlands by the director upon a review, under
subsection (b )(7) of this section, of the ecological functions and values of the site.
(2) The drainage facility must have been originally constructed on uplands (nonwetland areas). If
the drainage facility is located within a straightened, channelized, or otherwise disturbed natural
watercourse, it may be considered a regulated wetland by the director upon a review, under subsection
(b )(7) of this section, of the ecological functions and values of the site.
(3) The facility must be actively operated as a surface water drainage facility. Abandoned
drainage facilities may be considered regulated wetlands by the director upon a review, under subsection
(b )(7) of this section, of the ecological functions and values of the site.
(4) Wetland conditions have not expanded beyond the originally constructed drainage facility
boundary. In such a case, the expanded area may be considered a regulated wetland by the director upon
review, under subsection (b )(7) of this section, of the ecological functions and values of the site.
(5) The drainage facility was not designed or constructed as a requirement to mitigate previous
wetland impacts.
(6) The director finds that limited ecological functions and values do not warrant application of
the city's wetland regulations. (Ord. No. 90-43, S 2(80.145),2-27-90; Ord. No. 91-105, S 4(80.145), 8-
20-91; Ord. No. 91-123, S 3(80.145),12-17-91; Ord. No. 99-353, S 3,11-16-99; Ord. No. 04-468, S 3,
11-16-04; Ord. No. 07-554, S 5(Exh. A(10)), 5-15-07)
SECTION 32. Chapter 22, Article XVII, Section 22-1568, of the Federal Way City Code shall be
amended to read as follows:
22-1568 Significant trees.
(al) Purpose. The purpose ofthis section isto: (1) 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; (3) Discourage the unnecessary clearing and disturbance of land
so as to preserve the natural and existing growth of vegetation; and (4) Maintain a minimum number of
significant trees.
(b) Definition. .^. significant tree shall be defined as:
(1) TV/eh'e inches in diameter or 37 inches in circumference measured four and one half feet
above ground; and
(2) In good health; and
(3) 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, cotton',vood, poplar or big leaf maple.
Ordinance No. 09-593
Page 720190
.
~,'~\
rZ
Piqure 10 - Sec. 22-1562(bl
(c) Standards.
(-!-2) Retention required. Significant trees shall be retained on the subject property to the maximum
extent possible in all developments as follows:
a. If the approved development on the subject property will require the removal of more than 75
percent of the significant trees on the subject property, significant trees shall be replaced in amount equal
to 25 percent of the significant trees which existed on the subject property prior to commencing any
development activity.
b. All significant trees located within any required perimeter landscaping area shall be retained
and/or replaced.
c. Significant trees required to be retained within on-site sensitive areas can be used toward
satisfying the 25 percent on-site significant tree retention regulations.
d. All 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. The significant tree retention requirements of this chapter shall not apply to the city center
zoning district.
f. There shall be no cutting of significant trees without authorization from the city for the purpose
of preparing that site for future development.
g. 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.
h. Article XIX of this chapter may apply additional, use-specific standards related to significant
trees.
(~.J) The applicant shall submit a tree retention plan concurrent with the first permit application for
that development. The tree retention plan shall consist of the following:
a. A tree surveyor cluster survey that identifies the location, size, number and species of all
significant trees on the site.
b. A development plan identifying the significant trees that are proposed to be retained, removed,
transplanted, or replaced, including a final report on percentage retained.
(H) 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) of this section,
provided the tree meets at least one of the following criteria:
a. The tree is located in a grouping of at least five trees with canopies that touch or overlap; or
b. The tree provides energy savings through winter wind protection or summer shading as a result
of its location relative to proposed buildings; or
Ordinance No. 09-593
Page 73 of 90
c. The tree belongs to a u~ique or unusual species of native or non-native tree not usually found
locally.
(4~) 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 ef
community de'lelopmcnt 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.
(~~) When required significant trees cannot be retained (see subsection (c)(4) of this section),
significant trees that are removed shall be replaced with:
a. Transplanted or retained on-site trees four-inch caliper or larger, which meet the definition of
significant tree in all manner except size, and approved by the community de'.'clopment director, based
upon the director's assessment of the location ofthe tree in relation to the proposed site development; or
b. New 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.
(61) The following management practices shall be observed on sites containing significant trees, to
provide the best protection for significant trees:
a. No clearing shall be allowed on a proposed development site until the tree retention and
landscape plans have been approved by the city of Federal Way;
b. A 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 either7-l--o-A fLtemporary five-foot chain-link fenc~ or
f! 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;
c. No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted
within the no disturbance area;
d. If 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: 1.
+he-- the drip line of the tree( s)~ or ~ the area around the tree equal to one foot in diameter of each
inch of tree trunk diameter measured four feet above the ground;
f. Alternative protection methods may be used if accepted by the director of community
development department to provide equal or greater tree protection;
g. Encroachment into the no disturbance area may be allowed where the director determines
encroachment would not be detrimental to the health of the tree. (Ord. No. 93-170, S 4, 4-20-93; Ord. No.
07-559, S 3(Exh. A), 7-3-07)
SECTION 33. Chapter 22, Article XVIII, Section 22-1597, of the Federal Way City Code is hereby
repealed as follows:
22 1597 Definitions.
The follov..ing 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:
Ordinance No. 09-593
Page 74 of 90
(1) l\bandoned sign means any sign remaining in place after a sign has not been maintained for a period
of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180
consecuti'.'e days.
(2) ,^.dministrator means the director of community development or his/her designated representative.
(3) ,^.dvertised activity for freeway profile signs. For the purpose of measuring from the advertised
activity for an individual business, the distance shall be measured from the sign to the nearest portion of
that building, storage, or other structure or processing area \vhich is the most regularly used and essential
to the conduct of the activity; and for a center identification sign, which identifies businesses '.vithin a
multi tenant complex, the distance shall be measured from the sign to the nearest portion of the combined
parking area of the subject property.
(1) l\..1imated or moving sign means any sign that uses movcment or the appearance of movcment of a
sign display through the use of patterns of lights, changes in color or light intensity, computerized special
effects, video display, or through any other method, ehasing or scintillating lights, fluttering or moving
lights, lights 'Nith stroboscopic effect, or containing elements creating sound or smell; except for the
scrolling of a static message, scene, or color onto or off a sign board in one direction per message.
(5) ,'\rchitectural embellishments Signs means the aesthetic elements of the structure that includes or
encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or
sign base, but arc solely intended to enhance the aesthetics of the structural elements surrounding or
supporting the sign.
(6) ,^.wning means a shelter projecting from and supported by the exterior 'Jlall of the building and v/hich
is constructed of a noncombustible framework and covered by a flexible or nonrigid fabric. ,^.'.'Illings can
be fixed, retractable, or collapsible. ,^.ny structure that extends above the adjacent pampct or roof of a
supporting building is not included vlithin the definition of awning.
(7) ,^.'.vning or canopy sign means a non electric sign on the 'iertical surface or flap that is printed on,
painted on, or attached to an aVllling or canopy. Illumination for the awning or canopy shall be for safety
purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also
"Marquee sign.")
~
J
------.
3,,1;.)lmen-SkOil -voow
5!d."_
Figure 1 - Awning or Canopy Sign
(8) Balloon means a decorative inflatable device, generally composed of a thin layer of latex or mylar,
into vlhich a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See
also "Inflatable advertising device.")
(9) Banner means a sign made of fabric or any nonrigid material with no enclosing framework.
(10) Billboard means permanent outdoor adyertising off site signs containing a message, commercial or
otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not
including civic event signs, signs oriented to the interior of sports fields, government signs, or
instructional signs.
(11) Building mounted signs means any sign attached to the facade or face of a building or mansard roof
including without limitation wall signs, marquee signs, under canopy signs and projecting signs.
(12) Cabinet sign means a sign constructed of a box, rigid material, or framev/ork over or within which is
secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either interior or
exterior illumination.
Ordinance No. 09-593
Page 750/90
Figure 2 - Cabinet Sign
(13) Canopy Building means a rigid, multi sided structure covered with fabric, metal, or other material
and supported by a building at one or more points or extremities and by columns or posts embedded in the
ground at other points or extremities. ,^.ny structure which extends above any adjacent parapet or roof of
the supporting building is not included within the definition of a building canopy.
(11) Canopy Freestanding means a rigid, multi sided structure covered with fabric, metal, or other
material and supported by one or more posts embedded in the ground.
(15) Canopy sign. See "f.wning or canopy sign."
(16) Center identification sign means a building mounted or freestanding sign that identifies the Harne
and/or logo of a development containing more than one office, retail, institutional or industrial use or
tenant and which may separately identify the tenants.
(17) Changeable copy sign means a sign whose informational content can be changed or altered (v,ithout
changing or altcring the sign frame, sign supports or electrical parts) by manual or electric, electro
mechanical, or electronic means. ,\ sign on vlhich the message changes more than eight times a day shall
be considered an electronic changeable message sign and not a changeable copy sign for purposes of this
chapter. ,\ sign on which the changing is an electronic or mechanical indication of time and/or
tempcrature shall be considered a "time and temperature" sign and not a changeable copy sign.
(18) City means the city of Federal Way, a Washington municipal corporation, unless the context clearly
indicates otherwise.
(19) Clearview zone means the definition set forth in FWCC 22 1151 et seq. of this Code for intersection
sight distance requirements.
(20) Community service event or civic event means an event or gathering (such as a food fest, concert,
fun run, cultural exhibition, or charitable fund raising event) sponsored by a priyate or public nonprofit
organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or ciyic
fraternal organizations, theater and arts groups, and charitable organizations. The event may not be
primarily for the purpose of sclling or promoting merehandise or services.
(21) Construction sign means a temporary sign identifying an arehiteet, contractor, subcontractor, and/or
material supplier participating in construction on the property on which the sign is located. Construction
signs also include "Coming Soon" and "Open During Construction" signs.
(22) Copy means the graphic content of a sign surface in either permanent or remo,..able letter,
pictographic, symbolic, or alphabetic form.
(23) Directional sign, on site means a sign giving directions, instructions, or facility inf-ormation and
which may contain the name or logo of an establishment but no ad,..ertising copy (e.g., parking, exit or
entrance signs).
(21) Electrical sign means a sign or sign structure in v/hich electrical wiring, connections, or fixtures are
useEh
(25) Electronic changeable message sign means an electronically activated sign whose message content,
either whole or in part, may be changed by means of electronic programming.
(26) Exposed building facc means the building exterior wall of a singlc occupant building or the building
exterior wall of an indi'iidual tenant's leased space in a multi tenant complex, including the vertical
distance between caves and ridge of a pitched roof above it, used for sign area calculation for building
mounted signs.
Ordinance No. 09-593
Page 760/90
(27) Facade means the entire building front including the parapet.
(28) Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
(29) Flag means any piece of cloth of indi',idual size, color and design, used as a symbol, signal, emblem
or for decoration.
(30) Flashing sign means a sign when any portion of it changes light intensity, sv/itches on and off in a
constant pattern, or contains moying parts or the optical illusion of motion caused by use of electrical
energy or illumination.
(31) Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a
solid base and not attached to any building. Freestanding signs include those signs otherwise known as
"pedestal signs," "pole signs," "pylon signs," and "monument signs."
I
I
I
Sign
He' ht
Sign
Height
Fi~re 3 - Freestanding Sign
(32) Frontage means the length of the property line along any public right of way on which it borders.
(33) Frontage, building means the length of an outside building wall on a public right of \'laY.
(31) Fuel price sign means a sign displa)'ing the price of fuel for motorized yehicles.
(35) Graffiti means the inscription of symbols, v/ords, or pictures by painting, spray painting or other
means of defacing public or private property.
(36) Grand opening means a promotional activity used by newly established businesses to inform the
public of their location and services available to the community. .^. grand opening does not mean an
annual or occasional promotion of retail sales or other services, and does not include a change in
ownership, remodeling, or other change incidental to the initial establishment of the business.
(37) Ground mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign permanently
affixed to the ground.
(38) Government sign means any temporary or permanent sign erected and maintained by any city, public
utility, county, state, or federal go';ernment for designation of or direction to any school, hospital, hospital
site, property, or facility, including \vithout limitation traffic signs, directional signs, warning signs,
informational signs, and signs displaying a public service message.
(39) Height (of a sign) means the yertical distance measured from the highest point of the sign to the
grade of the adjacent street or the surface grade beneath the sign, whichever is less.
(40) Identification sign means a sign whose copy is limited to the name and address of a building,
institution, or person and/or to the acti';ity or occupation being identified.
Ordinance No. 09-593
Page 77 of90
(41) Identification sign (subdiyision) means a freestanding or wall SIgn identifying a recognized
subdivision, condominium complex, or residential development.
(12) Illuminated sign means a sign with an artificial light source incorporated internally or externally for
the purpose of illuminating the sign.
(13) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or
services ayailable on the premises (e.g., a credit card sign or a sign indicating hours of business).
(44) Inflatable advertising device means an ad';ertising device that is inflated by some means and used to
attract attention, advertise, promote, market, or display goods and/or services. These devices include large
single displays or displays of smaller balloons connected in some fashion to create a larger display.
(15) Instructional sign means a sign which designates public information including, without limitation,
public restroom signs, public telephone signs, exit signs and hours of operation signs.
(16) Integral sign means a sign displaying a building date, monument citation, commemorative
inscription, or similar historic information.
(17) Kiosk means a freestanding sign, which may have a round shape or which may have two or more
faces and which is used to provide directions, adyertising or general information.
(18) Maintenance (of a sign) means the cleaning, painting, and minor repair of a sign in a manner that
does not alter the basic design, size, height, or structure of the sign.
(19) Marquee sign means any sign attached to or supported by a marquee, v/hich is a permanent roof like
projecting structure attached to a building.
(50) Menu board means a permanently mounted sign advertising the bill of fare for a drive in or drive
through restaurant.
(51) Monument sign means a freestanding sign supported permanently upon the ground by a solid base of
landscape construction materials such as brick, stucco, stoncwork, textured \vood, tile or textured concrete
materials harmonious "'lith the materials of the primary structure on the subject property. (See drawing set
forth in FWCC 22 1602(c)(2), Figure 8.)
(52) Multi tenant complex means a complex containing two or more uses or businesses.
(53) Multiuse complm( means the definition of "multiuse complex" set forth in FWCC 2.Ll.
(54) Mural means a design or representation that is painted or dra',vn on the exterior surface of a structure
and that does not adyertise a business, product, service, or activity.
(55) Nameplate means a non electric on premises identification sign giving only the name, address,
and/or occupation of an occupant or group of occupants of the building.
(56) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other
similar gas, which glows v/hen electric current is sent through it.
(57) Nonconforming sign means any sign, '.vhich '.vas legally in existence on the effectiye date of this
Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city
thereafter, but which docs not comply with this article or any other sections of this Code.
(58) Notice of determination means the determination that the city issues as to whether a sign conforms to
this article and other sections of this Code.
(59) Obsolete sign means a sign that advertises a product that is no longer made, a business that is no
longer in operation, or an activity or event that has already occurred, except for historical signs.
(60) Off site sign means a sign relating, through its message and content, to a business activity, use,
product, or service not ayaila-ble on the subject propcrty on which the sign is located.
(61) On site sign means a sign which contains only advertising strictly applicable to a lawful use of the
subject property on which the sign is located, including without limitation signs indicating the business
transacted, principal services rendered, and goods sold or produced on the subject property, or name of
the business and name ofthe person occupying the subject property.
(62) Person means any individual, corporation, association, firm, partnership, or other legal entity.
(63) Pedestal means freestanding signs supported permanently upon the ground by a solid base of
landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete
materials harmonious with the materials of the primary structure on the subject property. Such base shall
Ordinance No. 09-593
Page 78 of 90
be equal to at least 50 percent of the sign width. (See drawing set forth in F'NCC 22 1602( c)(1), Figure
&j
(64) Point of purchase display or sign means an advertisement for an item accompanying its display
indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product
dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.).
(65) Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or
braces of moterials such as brick, stucco, stonework, textured wood, tile or textured concrete materials
harmonious with the materials of the primary structure on the subject property and not attached to any
building. (See drawing set f-orth in FWCC 22 1602(c)(1), Figure 7.)
(66) Political signs means temporary signs advertising a candidate or candidates for public elective office,
or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with
local, state, or national election or referendum.
(67) Portable sign means any sign designed to be moved easily and not permanently affixed to the ground
or to a structule or building. Portable signs differ from temporary signs in that portable signs are made of
durable materials such as metal, wood, or plastic. .
(68) Pre opening sign means a temporary sign which identifies a new business moving into a new tenant:
space or building. The sign must include the name of the business and copy stating the business will open
€ "G . S " "9 . S " j
soon e.g., ommg oon... pelllng oon..., etc. .
(69) Priyate ad'/ertising sign means a temporary sign announcing an cvent, use or condition of personal
concern to the sign user including without limitation "garage sale" or "lost animal" signs.
(70) Pri,,'ate notice sign means a sign announcing a restriction or warning regarding the subject property,
such as, but not limited to, "no trespassing" or "beware of dog."
(71) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a
building wall or other structure not specifically designed to support the sign.
Ordinance No. 09-593
Page 790/90
Figure 4 - Projecting Sig,n
(72) Public right of ',Vay means land owned, dedicated or conveyed to the public, used primarily for the
mo','ement of vehicles, wheelchair and pedestrian traffic and Right of way may include land privately
owned, used primarily for the movement of vehicles or pedestrian traffic, so long as such privately owned
land has been constructed in compliance with all applicable lav/s and standards for a public right of way.
(73) Real estate, off site sign means a portable or temporary sign announcing the proposed sale of
property other than the property upon which the sign is located and providing directions to the subjeet
property.
(71) Real estate, on site sign means a sign placed on the subject property and announcing the sale or
rental ofthe subject property.
(75) Registration sticker means the sticker that is assigned to a sign that has been in','entoried and has
been determined to comply '.'.'ith this article and other sections of this Code.
(76) Roof sign means any sign erected, constructed, or placed upon, oyer, or extended aboye any portion
of the roof of a building or structure, excluding signs affixed to the yertical face of a mansard or gambrel
style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended
aboye the lowest vertical section of a mansard or gambrel roof.
(77) Sign means any communication device, structure, fixture, or placard that uses colors, ',vords, letters,
numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the
purpose of:
(a) Providing information or directions; or
(b) Promoting, identifying, or advertising any place, building, use, business, event, establishment,
product, good, or service, and includes all supports, braces, guys, and anchors associated v/ith such sign.
Painted wall designs or patterns which do not represent a product, service, or registered trademark, and
which do not identify the user, are not considered signs. If a painted wall design or pattern is combined
"'lith a sign, only that part of the design or pattern which cannot be distinguished from the sign '>'IiIl be
considered as part of the sign.
(78) Sign area means the entire area of a sign on which colors, "'lOrds, letters, numbers, symbols, graphics,
graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure,
architectural embellishments and frame'vyork. Sign area is calculated by measuring the perimeter
enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols,
trademarks, and/or written copy; provided, however, that except that sign arca is calculated for individual
letters, numbers, or symbols using a canopy, awning or wall as the background, without added decoration
or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter
enclosing each letter, number, or symbol and totaling the square footage of these perimeters.
Ordinance No. 09-593
Page 80 of90
Grocery
I G+r+o+c+e+r+y '" Sign Area
"a~
Ii x ( b+c+d+fI ) '" ~gn Araa
Figure 5 - Calculating Sign Arc
(79) Sign face means the area of a sign on whieh the colors, words, letters, numbers, symbols, graphics,
graphic design, figures, logos, trademark and/or v/ritten copy is placed.
(80) Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried and
determined to be a legal nonconforming sign.
(81) Sign inventory sticker number means the invcntory number that is assigned to a sign after it has been
inventoried and determined to be a legal nonconforming sign.
(82) Sign registration means the approval issued to any sign that has an appro',ed sign permit and that has
passed all inspections required by the city, or is in conformance with this Code after an analysis
conducted as part of a sign ill'.'entory.
(83) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles,
except those postcd by a government or public utility.
(81) Temporary sign means a sign not constructed or intended for long term use.
(85) Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a
building or center.
(86) Time and temperature sign means any sign that displays the current time and temperature, without
any commercial message.
(87) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath
a canopy or marquee which is at a 90 degree right angle to the adjacent exposed building face and which
contains no commercial messages other than the name of the business.
Ordinance No. 09-593
Page 810190
(88) V chicle sign means a sign temporarily affixed or attached to a parked "chicle for the purpose of
advertising a product or service, or providing directions to such products or services.
(89) Wall sign means either a sign applied 'lIith paint or similar substance on the surface of a wall or a
sign attached essentially parallel to and extending not more than 21 inches from the wall of a building
with no copy on the side or edges.
(90) 'Narning sign means an)' sign which is intended to warn persons of prohibited actiyities such as "no
trespassing," "no hunting," and "no dumping."
(91) Window sign means all signs affixed to a window and intended to be ';iewed from the exterior of the
structure. (Ord. No. 95 235, ~ 1, 6 6 95; Ord. No. 99 318, ~ 5, 9 7 99; Ord. No. 99 357, ~ 5, 12 7 99;
Ord. No. 05 186, ~ 3, 1 1905; Ord. No. 05 187, ~ 3, 11905; Ord. No. 05 501, ~ 3, 10 1 05; Ord. No.
06 523, ~ 3(Exh. A), 1 18 06)
SECTION 34. Chapter 22, Article XIX, Section 22-1630, of the Federal Way City Code shall be
amended to read as follows:
22-1630 Purpose.
The purpose of this article is to:
(1) Implement community design guidelines by:
a. Adopting design guidelines in accordance with land use and development policies established
in the Federal Way comprehensive plan and in accordance with Crime Prevention Through
Environmental Design (CPTED) Guidelines.
b. Requiring minimum standards for design review to maintain and protect property values and
enhance the general appearance of the city.
c. Increasing flexibility and encouraging creativity in building and site design, while assuring
quality development pursuant to the comprehensive plan and the purpose of this article.
d. Achieving predictability in design review, balanced with administrative flexibility to consider
the individual merits of proposals.
e. Improving and expanding pedestrian circulation, public epeR space, and pedestrian amenities in
the city.
(2) Implement Crime Prevention Through Environmental Design (CPTED) principles by:
a. Requiring minimum standards for design review to reduce the rate of crime associated with
persons and property, thus providing for the highest standards of public safety.
b. CPTED principles are functionally grouped into the following three categories:
1. Natural Surveillance. This focuses on strategies to design the built environment III a
manner that promotes visibility of public spaces and areas.
2. Access Control. This category focuses on the techniques that prevent and/or deter
unauthorized and/or inappropriate access.
3. Ownership. This category focuses on strategies to reduce the perception of areas as
"ownerless" and, therefore, available for undesirable uses.
c. CPTED principles, design guidelines, and performance standards will be used during project
development review to identify and incorporate design features that reduce opportunities for criminal
activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices
about their targets. In general:
1. The greater the risk of being seen, challenged, or caught, the less likely they are to commit
a cnme.
2. The greater the effort required, the less likely they are to commit a crime.
3. The lesser the actual or perceived rewards, the less likely they are to commit a crime.
d. Through the use of CPTED principles, the built environment can be designed and managed to
ensure:
Ordinance No. 09-593
Page 82 of90
1. There is more chance of being seen, challenged, or caught;
2. Greater effort is required;
3. The actual or perceived rewards are less; and
4. Opportunities for criminal activity are minimized. (Ord. No. 96-271, S 3, 7-2-96; Ord. No.
99-333, S 3,1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 06-515, S 3,
2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07)
SECTION 35. Chapter 22, Article XIX, Section 22-1633, of the Federal Way City Code is hereby
repealed as follows:
22 1633 Definitions.
(1) Acti'le use(s) means uses that by their '.'ery nature generate activity, and thus opportunities for natural
surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
(2) ,'\rcade means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
(3) ,^.wning means a roof like cover that is temporary or portable in nature and that projects from the wall
of a building for the purpose of shielding a doorway or window from the elements.
(4) Canopy means a permanent, cantilcvered extension of a building that typically projects over a
pedestrian walkway abutting and running along the facade of a building, with no habitable space above
the canopy. l\ canopy roof is comprised of rigid materials.
(5) Common/~open space area means-.illLarea within a de'/elopment, which is used primarily by the
occupants of that devclopment, such as an entryway, lobby, courtyard, outside dining area, etc.
(6) Natural surveillance means easy observation of buildings, spaces, and activities by people passing or
living,./working.......Q[ /recreating nearby.
(7) Parking structure means a building or structure consisting of more than one level, above and/or belovl
ground, and used for temporary storage of motor vehicles.
(8) Plaza means a pedestrian space that is available for public use and is situated near a main entrance to a
building or is clearly visible and accessible from the adjacent right of way. Typical features and
furnishings include special paving, landscaping, pedestrian scale lighting, seating areas, weather
protection, water features, art, trash receptacles, and bicycle racks.
(9) Public on site open space means a passive and/or active recreational area designed specifically for use
by the general public as opposed to serving merely as a setting for the building. Such areas may include
parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved
combination thereof, and may contain exterior and/or interior spaces. Such areas shall be easily accessible
from adjacent public areas and a'i'ailable to the public at least 12 hours each weekday. Public on site open
space may be privately owned, but must be permanently set aside and maintained for the use and benefit
of the public.
(10) Right of way means land owned, dedicated or conyeyed to the public, used primarily for the
movement of vehicles, wheelchair and pedestrian traffic and Right of 'Nay may include land privately
owned, used primarily for the movement of'lehicles or pedestrian traffic, so long as such pri'.'ately owned
land has been constructed in compliance with all applicable laws and standards for a public right of way.
(11) Sight line means the line of vision from a person to a place or building.
(12) Streetscape means the visual character and quality of a street as determined by various elements
located between the street and building facades, such as trees and other landscaping, street furniture,
artwork, transit stops, and the architectural quality of street facing building facades.
(13) Streetscape amenities, as used in this article, means pedestrian oriented features and furnishings
within the streetscape, such as bench scats or sitting walls, weather protection, water features, art, transit
stops with seating, architectural facade treatments, garden space associated with residences, pedestrian
Ordinance No. 09-593
Page 83 of90
scale lighting, landscaping that docs not block views from the street or adjacent buildings, special paving,
kiosks, trellises, trash receptacles, and bike racks.
(I1) Surface parking lot means an off street, ground level open area, usually improved, for the temporary
storage of motor vehicles.
(15) Transparent glass means windows that arc transparent enough to pennit the view of activities within
a building from nearby streets, sidewalks and public spaces. Tinting or some coloration is pennitted,
provided a reasonable level of visibility is achieyed. Reflecth'e or very dark tinted glass does not
accomplish this objective.
(16) 'Vater feature means a fountain, cascade, stream water, water wall, water sculpture, or reflection
pond. The purpose is to serve as a focal point for pedestrian activity. (OnI. No. 96 271, ~ 3, 7 2 96; Ord.
No. 99 333, ~ 3, 1 19 99; Ord. No. 00 382, ~ 3, 1 16 01; Ord. No. 03 113, ~ 3,5 20 03; Ord. No. 06 515,
~ 3, 2 7 06)
SECTION 36. Chapter 22, Article XIX, Section 22-1638, of the Federal Way City Code shall be
amended to read as follows:
22-1638 District guidelines.
In addition to the foregoing development guidelines, the following supplemental guidelines apply to
individual zoning districts:
(a) Professional office (PO), neighborhood business (BN), and community business (Be).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent
to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-1634( d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and
shall incorporate windows and other methods of articulation.
(3) Building entrances shall be architecturally emphasized and shaH incorporate transparent glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
access to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or
pedestrian area.
(6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not
screened by Type I landscaping as defined by Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For residential uses only:
(7) All significant trees within a 20-foot perimeter strip around the site shall be retained and/or
replaced within the applicable required landscape buffer.
(8) Landscaped yards shall be provided between building(s) and public street(s). Parking lots
should be beside or behind buildings that front upon streets.
(9) Parking lots should be broken up into rows containing no more than 10 adjacent stalls,
separated by planting areas.
(10) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the
project and the public sidewalk.
(11) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields.
Ordinance No. 09-593
Page 84 0/90
20.
Figure 16 - See. 22 - 1638 (a)
(12) Principal entries to buildings shall be highlighted with plaza or garden areas containing
planting, lighting, seating, trellises and other features. Such areas shall be located and designed so
windows overlook them.
Figure 17 - See. 22 - 1638 (a)
(13) Common recreational spaces shall be located and arranged so that windows overlook them.
Figure 18 - Sec. 22 - 1638 (a)
(14) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to
them so those exterior portions of the site are controlled by individual households.
Ordinance No. 09-593
Page 85 0190
Figure J 9 - Sec. 22 - J 638 (a)
(15) All new buildings, including accessory buildings such as carports and garages, shall appear
to have a roof pitch ranging from at least 4:12 to a maximum of 12:12.
Figure 20 - Sec. 22 - 1638 (a)
(16) Carports and garages in front yards should be discouraged.
(17) The longest dimension of any building facade shall not exceed 120 feet. Buildings on the
same site may be connected by covered pedestrian walkways.
(18) Buildings should be designed to have a distinct "base," "middle" and "top." The base
(typically the first floor) should contain the greatest number of architectural elements such as windows,
materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison,
may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a
flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc.
.... ~1lI\-;' "!.I - SL......~ )] - . (,~~ {:. ~
(19) Residential design features, including but not limited to entry porches, projecting window
bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or
stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim
material or painted detailing that resembles trim.
(20) Subsection (a)(13) of this section shall apply to self-service storage facilities.
(b) Office park (OP), corporate park (CP), and commercial enterprise (CE).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent
to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-1634( d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way.
Ordinance No. 09-593 Page 86 0(90
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
accessibility from the building to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or
pedestrian area.
(6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not
screened by Type I landscaping as defined in Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For non-single-family residential uses only:
(7) Subsections (a)(5) through (a)(17) of this section shall apply.
(c) City center core (CC-C) and city center frame (CC-F).
(I) The city center core and frame contain transitional forms of development with surface parking
areas. However, as new development or redevelopment occurs, the visual dominance of surface parking
areas shall be eliminated or reduced.
Therefore, parking shall be located behind building(s), with building(s) located between rights-of-way
and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject
to the following criteria:
a. In the city center core, surface parking and driving areas may not occupy more than 25
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
b. In the city center frame, surface parking and driving areas may not occupy more than 40
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
c. A greater amount of parking and driving area than is specified in subsections (c)(1)(a) and
(b) of this section may be located along other rights-of-way; provided, that the parking is not the
predominant use along such right-of-way, as determined by the director.
(2) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of-
way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects
exposed to more than one right-of-way.
(3) Building facades shall incorporate a combination of facade treatment options as listed in
FWCC 22-1635(b) and 22-1635(c)(2), to a degree that is appropriate to the building size, scale, design,
and site context, and according to the following guidelines:
a. Principal facades containing a major entrance, or located along a right-of-way, or clearly
visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented
architectural treatments, including distinctive and prominent entrance features; transparent glass such as
windows, doors, or window displays in and adjacent to major entrances; structural modulation where
appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural
articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At
least 40 percent of any ground level principal facade located along a right-of-way must contain
transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows,
walkways, and open space, and may include container gardens, wall and window planters, hanging
baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping
should not block views to the building or across the site. Foundation landscaping may be used to enhance
but not replace architectural treatments.
b. Secondary facades not containing a major building entrance, or located along a right-of-
way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are
Ordinance No. 09-593
Page 87 o{90
less pedestrian-oriented than in subsection (c)(3)(a) of this section, such as a combination of structural
modulation, architectural articulation, and foundation landscaping.
c. Principal facades of single-story buildings with more than 16,000 sq. ft. of gross ground
floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a
human scale. This may be accomplished through such design techniques as a series of distinctive entrance
modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent
to the entrance.
(4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any
pedestrian plazas and public on site open space to primary building entrances. Where a use fronts more
than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-
way nearest to the principal building entrance. Multiple-tenant complexes shall provide pedestrian
walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly
delineated by separate paved routes using a variation in color and texture, and shall be integrated with the
landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six feet in
the city center frame, and a minimum clear width of eight feet in the city center core, and shall be
protected from abutting parking and vehicular circulation areas with landscaping.
(5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a
building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza.
Such facilities shall be located along other, secondary facades, as determined by the director, and shall
meet the separation, screening, and design standards listed in FWCC 22-1634(g)(2)(b), (c), and (d).
(6) Above-grade parking structures with a ground level facade visible from a right-of-way shall
incorporate any combination of the following elements at the ground level:
a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal
frontage along the right-of-way; or
b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or
c. A decorative grille or screen that conceals interior parking areas from the right-of-way.
(7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC
22-1635( c)(1).
(8) When curtain wall glass and steel systems are used to enclose a building, the glazing panels
shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area.
(9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used.
(10) For residential uses, subsections (a)(6) through (a)(9), (a)(11), (a)(12), (a)(14), (a)(16), and
(a)(17) of this section shall apply.
(d) For all residential zones.
(1) Nonresidential uses. Subsections (a)(5) through (a)(10) and (a)(13) through (a)(17) of this
section shall apply.
(2) Non-single-family residential uses except for zero lot line townhouse residential uses and
attached dwelling units. Subsections (a)(5) through (a)(17) of this section shall apply.
(3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9),
(a)(1I) through (a)(14), and (a)(17) of this section shall apply. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 99-
333, S 3,1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 05-506, S 3,10-18-05;
Ord. No. 06-515, S 3,2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07; Ord. No. 07-559, S 3(Exh. A), 7-3-07)
SECTION 37. Chapter 22, Article XIX, Section 22-1640, of the Federal Way City Code shall be
amended to read as follows:
22-1640 Design criteria for public on site open space.
Ordinance No. 09-593
Page 88 o{90
The following guidelines apply to public on site open space that is developed pursuant to Article XI,
Division 8, of this chapter. All public epeH space proposed under this section shall meet the definition of
public on site open space as set forth in this article and all of the following criteria:
(1) The total minimum amount of public epeH space that shall be provided in exchange for bonus
height is equal to 2.5 percent of the "bonus" floor area, in gross square feet; provided, that the total public
epeH space area shall not be less than 500 square feet.
(2) The public epeH space may be arranged in more than one piece if appropriate to the site context,
as determined by the director.
(3) The public epeH space shall abut on, or be clearly visible and accessible from, a public right-of-
way or pedestrian pathway.
(4) The public epeH space shall be bordered on at least one side by, or be readily accessible from,
structure(s) with entries to retail, office, housing, civic/public uses, or another public epeH space.
(5) The open space shall not be located on asphalt or gravel pavement, or be adjacent to unscreened
parking lots, chain-link fences, or on-site blank walls, and may not be used for parking, loading, or
vehicular access.
(6) The open space shall be sufficiently designed and appointed to serve as a major focal point and
public gathering place. It shall include a significant number of pedestrian-oriented features, furnishings,
and amenities typically found in plazas and streetscapes, and as defined in this article, such as seating or
sitting walls, lighting, weather protection, special paving, landscaping, trash receptacles, and bicycle
racks. In addition, the open space(s) should provide one or more significant visual or functional amenity
such as a water feature, artwork, or public restroom, and should allow for active uses such as vending,
farmers' markets, live performing arts space, and art shows. (Ord. No. 96-271, S 3, 7-2-96; Ord. No. 99-
333, S 3,1-19-99; Ord. No. 00-382, S 3, 1-16-01; Ord. No. 03-443, S 3,5-20-03; Ord. No. 06-515, S 3,2-
7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07)
SECTION 38. 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 39. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
Ordinance No. 09-593
Page 89 0190
SECTION 40. 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 of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 41. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 42. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of January, 2009.
CITY OF FEDERAL WAY
ATTEST:
UurU W IJJltfd
CITY CLERK, CAR L b"NEILL dMc
APPROVED AS TO FORM:
-I~{(. ~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH CITY CLERK:
PASSED BY CITY COUNCIL:
PUBLISHED IN NEWSPAPER:
EFFECTIVE DATE: 02-09-2009
ORDINANCE NO.: 09-593
11-20-2008
01-06-2009
01-10-2009
Ordinance No. 09-593
Page 90 of90