ORD 11-687ORDINANCE NO. ll-687
AN ORDINANCE of the City of Federal Way, Washington, relating
to implementation of a pilot program that permits real estate signs in
the right-of-way of residential zoning districts; adding a new section
FWRC 19.140.095.
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, portable signs are permitted outright in the public right-of-way throughout
the City, subject to standards, but prohibited from street medians and street side planter strips
pursuant to FWRC 19.140.060(29)(h); and
WHEREAS, it has been noted that in some residential areas of the City those portions of
the public right-of-way not used for vehicle, bike or pedestrian travel are the only locations to
safely locate real estate signs that advertise and direct traffic to residences that are for sale, lease
or rent; and
WHEREAS, it is in the public interest for the City Council to adopt new language which
clarifies and/or establishes development regulations for portable signs, including real estate
signs, within the City of Federal Way; and
Orrlinance No. 11-687 Page 1 of 7
WHEREAS, an overall housing goal for the City's comprehensive plan is to preserve and
protect the City's high quality residential neighborhoods, and one of the factors of neighborhood
preservation is the ability to sell, lease or rent residences as opposed to allowing the residences to
become abandoned or go into foreclosure; and
WHEREAS, the Federal government has identified certain areas of the City that are
eligible for Neighborhood Stabilization Program funding to stabilize housing in those`areas; and
WHEREAS, the inability to advertise and direct traffic to residences that are for sale,
lease or rent, combined with the current housing crisis, is adverse to the City's goal of
neighborhood preservation and stabilization; and
WHEREAS, allowing real estate signs in certain areas of the public right-of-way of
residential zoning districts is identified as one option to encourage the sale, lease or rent of
residences; and
WHEREAS, the City Council has determined that a pilot program should be
implemented that would allow real estate signs to be located within the public right-of-way of
residential zoning districts, subject to specific standards, in order to assess its effectiveness at
addressing the City's goal of neighborhood stabilization; and
WHEREAS, this pilot program has taken into consideration impacts to drivers and the
general public by limiting the height and size of real estate signs and prohibiting features that
distract or impede traffic; and
WHEREAS, on October 26, 2010, the City properly issued an addendum to the
Environmental Determination of Nonsignificance (DNS), previously issued on August 20, 2008,
noting that under certain conditions, signs could be permitted within the right-of-way; and
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WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on this code amendment on November 3, 2010; and forwarded a recommendation of approval to
the City Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered this code amendment on November 15, 2010, and recommended adoption of the text
amendment as recommended by the Planning Commission; and
WHEREAS, on January 4, 2011, the Federal Way City Council requested that the code
amendment be sent back to the Land Use/Transportation Committee of the Federal Way Council
for further evaluation; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered this code amendment on March 7, 2011, and recommended adoption of the text
amendment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAlN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendment.
(a) This code amendment is in the best interest of the residents of the City and will
benefit the City as a whole by establishing parameters to allow real estate signs to be located
outright within the right-of-way of residential zoning districts only.
(b) This code amendment complies with Chapter 36.70A RCW, Growth
Management.
Ordinance No. 11-687 Page 3 of 7
(c) This code amendment is consistent with the intent and purpose of Title 19 FWRC
and is consistent with and will substantially implement applicable provisions of the Federal Way
Comprehensive Plan.
(d) This code amendment bears a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e) This code amendment follows the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendment is consistent with, and will substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
Overall Housing Goal - Preserve and protect Federal Way's existing high quality
residential neighborhoods and promote a variety of opportunities to meet the housing
needs of all residents of the community and region.
LUG -1. Improve the appearance and function of the built environment.
LUG-3. Preserve and protect Federal Way's single family neighborhoods.
LUP -11. Support the continuation of a strong residential community.
LUP -14. Maintain and protect the character of existing and future single family
neighborhoods through strict enforcement of the City's land use regulations.
EDP -2. The City will continue to seek high-quality urban design and infrastructure
standards for these areas.
CCP-I8. Continue to enforce and refine local zoning codes, site planning requirements,
Ordinance No. 11-687 Page 4 of 7
ancl street design standards, as necessary, to establish a more pedestrian and
bicycle friendly environment.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because the recommended height of real estate signs in residential
zoning districts communicates useful information but does not detract from traffic safety;
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because it promotes an increase in the occupancy of residential zoning
districts and supports the economic vitality of the city;
Section 3. Chapter 19.140 of the Federal Way Revised Code is hereby amended to add a
new section 19.140.095 to read as follows:
19.140.095 Residential zone signs - Real estate si�ns within ri ts-of-wa�
(1) Purpose. The purpose of this section is to: (1) acknowled�e that adverse impacts of
the current housin� crisis have resulted in numerous home foreclosures as well as houses
remainin� unsold for extended periods of time• (2) make it easier for owners to sell their propertv
bv increasing o�portunities for placement of real estate si�ns within residential zonin� districts;
(3) create a pilot program that permits real estate si�ns to be located within the public ri�ht-of-
wav subject to specific standards and evaluate its effectiveness; (4) promote pedestrian and
vehicular safety throu�Qn standards• (5) ensure compatibility with nei ng boring uses; and
(6) set a sunset date for the pilot pro ram.
�2) Standards. Real estate signs in residential zoning districts are exempt from other
provisions of this Chapter and may be located within the public ri t-of-way subiect to the
following standards:
�a) Real estate signs are limited to signs advertisin� and/or directin� traffic to
residences that are for sale, lease or rent;
(b) Si�ns shall not block or impede the traveled portion of a roadway; parking
lanes• driveways sidewalks• transit stops• bicvcle lanes; or areas used for travel b�vcles,
wheelchairs; or pedestrians;
�c) Signs shall not be placed in street medians; in traffic circles; or in similar
traffic separation features;
(d) No more than 10 real estate signs are allowed per residence;
(e) Si�ns shall not be affixed to the ground including throu�h the use of stakes or
other means that mav damage property;
(fl Signs shall neither exceed six square feet per si�n face nor 30 inches in hei�ht;
Ordinance No. 11-687 Page 5 of 7
(�) Signs are allowed onlv between the hours of 9:00 a.m. and 5:00 p.m., or
sunset, whichever is later, and must be removed each day;
�h) S�ns shall not be placed on or attached to other obiects, including but not
limited to buildings structures trees plants utility poles, utility boxes, utilitv equipment, or
other signs• and balloons paper cardboard plastic or �erishable, flexible or temporarv materials
of any kind shall not be taped stapled tacked nailed glued, or otherwise affixed to the sign; and
�) Si�ns shall have a name and contact phone number or other contact
information on them.
�3) Expiration. This section shall automaticall�pire and no longer be in effect on
January 1, 2014.
Section4. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this S day of April, 2011.
Ordinance No. 11-687 Page 6 of 7
CITY OF FEDERAL WAY
MAYOR, KIP PRIEST
ATTEST:
CITY CLERK, CARO MCNEI LY, CMC
APPROVED AS TO FORM:
- ���i.� �,��,�.
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
3/8/2011
4/5/2011
4/9/2011
4/14/2011
11-687
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