ORD 11-700ORDINANCE NO. 11-700
AN ORDINANCE of the City of Federal Way, Washington, relating
to allowing animal kennels and animal care facilities in the Neighborhood
Business, Commanity Business, and Commercial Enterprise zones;
amending FWRC 19.215.040, 19.220.040 and 19.240.100. (Amending
Ordinance Nos. 90-43, 93-170, 96-270, 97-291, O1-385, O1-399, 03-443,
OS-506, 07-559, 08-585, 09-604 and 09-605)
WHEREAS, the City recognizes the need to periodically modify Title 19 of .t�e 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, it is in the public interest for the City Council to amend the FWRC to establish a new
definition for animal care facility and animal kennels and to adopt new development regularions for
allowing animal care facilities and animal kennels in the Neighborhood Business (BI� zone within the
City of Federal Way; and
WHEREAS, it is in the public interest for the City Council to amend the FWRC to modify existing
regulations related to allowing animal care facilities and animal kennels in the Community Business (BC)
and Commercial Enterprise (CE) zones in order to more easily enforce noise and to make regulation of
�noise consistent with the regulations for such use in the Neighborhood Business (Bl� zone; and
WHEREAS, allowing animal day care and animal kennels in the BN zone is appropriate given that
the 14 BN-zoned nodes are located adjacent to neighborhoods; and
WHEREAS, allowing animal day care and animal kennels in the BN zone would fulfill a need for
such services in close proximity to residential uses as well as help the local economy, and;
Ordinance No. 11-700 Page 1 of IO
WHEREAS, requiring that animal kennels and animal care facilities be designed so that the
maximum permissible noise levels from outdoor runs and other open areas comply with the provisions of
FWRC '7.10.050, which is consistent with state law, will adequately mitigate any potential noise impacts
on adjacent uses; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on April 29, 2011, and no comments or appeals were received and the DNS was finalized on
May 30, 2011; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on May 18, 2011, and forwarded a recommendation of approval to the Land Use
Transportation Committee with one modification to prohibit breeding of animals in the BN zone; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on July 18, 2011, and recommended adoption of the text amendments as
recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with
respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will benefit the
City as a whole because they would assist in creating new jobs, thus encouraging economic development
while ensuring that animal care facilities and animal kennels are compatible with surrounding
neighborhoods.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will
implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan
(FWCP).
Ordinance No. 11-700 Page 2 of IO
(d) These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
(e) These code amendments have followed 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 amendments are consistent with, and substantially implement, the following
FWCP goats and policies:
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
LUP44 Encourage neighborhood retail and personal services to locate at appropriate
locations where local economic demand and design solutions demonstrate compatibility with
the neighborhood.
LUP46 Neighborhood Business centers should consist of neighborhood scale retail and
personal services.
EDG6 The City will encourage and support existing businesses to remain and/or expand
their facilities within Federal Way.
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of existing businesses, as well as bring in new development, businesses, and jobs to
the community.
EDP18 The City will periodically monitor local and regional trends to be able to adjust
plans, policies, and programs.
(b) The proposed FWRC amendments bear a substanrial relationship to the public health, safety, and
welfare because they would allow animal care facilities and animal kennels in the BN zone, thus allowing
the location of a service in close proximity to potential customers and reducing the need to commute to
and from such a service if it was located only in the BC or CE zones.
(c) The proposed amendments are in the best interest of the public and the residents of the City of
Federal Way because they would aid in economic development by providing the opportunity for location
of such businesses in any of the 14 neighborhood nodes. They are also in the best interest of the public
Ordinance No. I1-700 Page 3 of 10
and the residents of the City because they should result in more consistent enforcement of noise
associated with outdoor runs associated with animal care facilities or animal kennels.
Section 3. FWRC 19.05.010 A definitions -- is hereby amended to read as follows:
"Abandoned" means lrnowing 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" includes
but is not 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 or structure which is subordinate and incidental in size, scale, design, or
purpose to the principal use or structure on the subject properly, and supports the prineipal use or
structure without displacing or dominating it. See FWRC 19.265.010.
"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 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 FWRC 19.265.020. ADUs include:
(1) "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.
(2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
"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 uses" means uses that by their very nature generate activity, and thus opportunities for natural
surveillance, such as picnie areas, extracurricular school activities, exercise groups, etc.
"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.
"Administrator" for the purpose of sign regulations means the director or his/her designated
representative.
"Adult entertainment, activity, retail, or use" shall mean all of the following:
(1) "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 below) for observation by patrons
therein and which excludes minors by virtue of age.
(2) "Adult entertainment" 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" (de�ned in FWRC 19.05.190) and which
Ordinance No. 11-700 Page 4 of 10
establishment excludes minors by virtue of age, and shall mean any of the adult entertainment
establishments as defined in FWRC 12.10.010.
(3) "Panorama" and "peepshow" shall mean as defined in FWRC 12.10.010.
(4) "Adult retail" shall mean a retail establishment which, for money or any other form of
consideration, either:
(a} Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or
provide for viewing, off the premises, any adult-oriented merchandise; or
(b) Provides, as its substantial stock-in-trade, for the sale, exchange, rental, loan, trade, transfer,
and/or viewing or use, off the premises, any adult-oriented merchandise.
Activities and uses defined as "adult entertainment, activity, retail, 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.
"Adult family home" means a residential home for which a person is licensed to provide personal care,
special care, room, and board to more than one, but not more than six, adults who are not related by blood
or marriage to the person or persons providing the services. The number of residents in an adult family
home may be no more than the total of the residents being provided services, plus a family that includes at
least one service provider. Any limitation on the number of residents resulring from this definition shall
not be applied 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( fl(3)(b). This definitions shall not be applied to the
extent that would cause a residential structure occupied by persons with handicaps, as defined in tlte
Federal Fair Housing Amendments Act of 1988, to be treated differently that a smaller residential
structure occupied by other related or unrelated individuals. See FWRC 19.105.080.
"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, ar
nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified
sexual activities" (defined in FWRC 19.05.190).
"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 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. See also "best management
practices."
"Alluvium" means soii deposits transported by surface waters.
"Animal care facility" — See definition of "Animal kennel."
"Animal kennel" means anX structure or premises in which animals are boarded (including day care) or
bred for a fee or comvensation. Animal kennels mav also offer grooming, training, sales of ancillarv
items, and related activities.
"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.
Ordinance No. 11-700 . Page 5 of 10
"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.
"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 title, and a person who is engaged, whether
personally or through an agent, in development activity. "ApplicanY' 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.
"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 �ts
open side. There may be habitable space above the arcade. �
"Architectural embellishments for sign regulations" 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 are solely intended to enhance the aesthetics of the structural elements
surrounding or supporting the sign.
"Average building elevation (ABE)" means 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 �ve
feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation
from which building height is measured.
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"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. I1-700 Page 6 oj10
Section 4. FWRC 19.215.040, "Schools — Day care facilities, commercial," is hereby amended to read as follows:
19.215.040 Schools — Day care facilities, commercial -- Animal kennels or animal care facilities.
T1
ie followin uses shall be ermitted in the nei hborhood business BN zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART �
O DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
� Minimums
N Re uired Yards �
d y � Z��
� � �
�
� �g ' � � o � � � BN
� 3 N :.'. � � �
�3 •� �' c a� � � ° ��:m
USE a � ^�3 ,g w y a x� � a SPECIAL REGULATIONS AND NOTES
Schools SChools: 7,200 SChools for 50 or 55 ft. Sbove Determined 1. Day care facilities must wnbin an ouWoor play area with at least 75 sq. ft. for each child using the area at any one time.
process III sq. ft. more attendees: average on a case-by- This P�ay area must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and
Day Care 50 ft. 50 ft. 50 ft. bulldittg Case basis structured play areas must be set back at least five ft. from each property line.
faCilities, Day care Otherwise: elevation for 2• School, enA day care facilities animal kennels. ot animal care facilities may include one accessory living facility.
commercial facilities, � f 3. Day care facilities and schools must comply with the requirements of tbe Sbtc Deparlment of Social and Health Services
20 ft. 20 ft. 20 ft. gy� and/or the State Superintendent of Public Instruction.
COmmerCial; loCated 100 4. All activities ertainin to schools, such as auto-re air or other uses that ma i act ad acent ro rties, must take lace
Day care for 13 or P 8 P Y mP .1 p Pe P
Animal Animal more attendees: �• or more within an enclosed building.
kennels or kennels or from an 5. Animal kennels and animal care facilities must be desiened so that the maximum nemtiss�ble noise levels from outdoor
20 ft. 20 ft. 20 ft. runs and other o en areas co 1 with the rovisions of FWRC 7 10 O50• and such outdoor areas shall be screened from
animal care animal care adjacent P "�' i'
Otherwise: adyacent AmDerties by 10 ft. of Type III landscapin�. as defined bv Chapter 19.125 FWRC. or greater buffer as required
facilities Process t[ or residential
20 ft. 5 ft. 10 ft. therein.
� with SEPA, zone 3 6. If any portion of a structure on the subject pmperty is locaced less than 100 ft. from an adjacent residential zone, then
breeding of ProCess III that portion of the sVUCture shall not exceed 30 ft. above average building elevation and the structure shall be set back a
animals are OUtdooi uSCS foi 35 R. abOVe minimum of 20 ft. from the property line of the residential zone.
allowed : animals, such as avera e 6 7. For schools, with the exc tion of
_� g ep gyms, the height of a structure may exceed 35 ft. above average building elevation to
open-air kennels, building a maximum of 40 ft., if all of the following criteria are met:
runs, traittingyards, elevation for a. The structure is located 100 ft. or more from an adjacent residential zone.
or show facilities, a �� o ��, y . b. The additional height is necessary to accommodate the particular use conducted in the building; and,
shall be set back 20 StruCtures c. Each required yard abutting the structure is increased five ft. for each one ft. the suucture exceeds 35 ft. above avenge
ft. from any propertv building elevation; and
IinC d. The increased height is consistent with goals and policies for the area of the subject property as established by the
See notes 3 6 comprehensive plan.
—�$ � 8. For schools, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive
See notes 5, 6 and p�
�$-11 8 9. No maximum lot coverage is established Instead, the buildable area will be deternrined by other site development
requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
g 10• For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
�lA 1. For landscaping requiremenu that apply to the project, see Chapter 19.125 FWRC.
�1-b 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
-1� �. Refer to Chapter 19.265 FWRC to determine what other provisio�ls of this title may apply tn the subject property.
�3 �4. Site design, including the locaHon of parking and passenger loading areas shail be designed to reduce impacts on
nearb residential ateas.
Process I, II, III and N are described in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19J0 FWRC respecfively. For details regarding requ'ved yards, see FWRC 19.125.160 et seq:
Ordinance No. 11-700 Page 7 of /0
� Rev I/10 LU
Section 5. FWRC 19.220.040, "Schools — Day care facilities, commercial — Animal kennels," is hereby amended to read as follows:
19.220.040 Schools — Day care facilities, commercial — Animal kennels.
The following uses shall be pernutted in the community business (BC) zone subject to the
�
O
F
d
�
C7
�
USE ZONE CHART
DIRECTIONS: FIItST, read down to find use ... THEN, across for REGULATIONS
Minimums
y Re uired Yard;
`�
� �
� 3 N �
3 •� �n � �, �,
x�� � w � ri
Schools; Process None
business, II or
vocational, with
or trade SEPA.
schools Process
III
Day care
facilities,
commercial
Animal
kennels or
animal care
facilities
Except 20
ft. along
o �
�� x�
55 ft.
above
residential building
zones elevation
Outdoor uses for �AABE�
animals, such as for gyms if
open-air kennels, �ocated
100 ft. or
runs, training more from
yards, or show an adjacent
facilities, shall be residential
set back 20 ft.
from any property Zone
line 35 ft.
See notes 2, 4, 8,
and i l
to 55 ft.
AABE, for
all other
structures
See notes 1
—3
Process I, II, III and N are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
d
a
b�
� �
p� X
r'� a
and notes set forth in this section:
Z��
BC
SPECIAL REGULATIQNS AND NOTES
�etetmined on 1. Building height may not exceed 30 ft AABE when located within ]00 ft. of a residen6a! zone.
Case-by-Case 2. Except for gyms, if approved by the director of community development services, the height of a structure may exceed 35 R. above averoge building
3sis elevation (AABE), to a maximum of 55 tt AABE, if all of the following criteria are met (a) The additional height is necessary to acconunodate the
siructural, equipment, or operational needs of the use conducted in the building, and/or all gound floor spaces have a minimum floor-to-ceiling height of
13 ft. and a minimum depth of 15 ft.; (b) Height complies with note 1; (c) Height over 35 ft. is set back from non-residential zones by one ft. for each
one ft of height over 35 ft.; and (d) Roof lines are designed to avoid a predominantly flat and featureless appearance tivough variations in roof height,
forms, angles, and materials.
3. For any structure, including gyms, an increase in height above 35 R shall not block views designated by the comprehensive plan.
4. Day care facilities must contain an ouWoor play area with at least 75 sq. ft. for each child using the area at any one time. This play area must be
completely enclosed by a solid fence or other screen at least six ft in height. Play equipment and structured play areas must be set back at least five ft.
from each property line.
5. Day care facilities animal kennels, or ee� animal care facilities may include accessory living facilities as defined by FWRC 19.05.010.
6. Day care faciliries and schools must comply with the requirements of the Sbte Department of Social and Health Services and/or the State
Superintendent of Public Insmiction.
7. All activities pertaining to schools, business or vocational schools, or trade schools, such as auto-repair or othet uses that tnay impact adjacent
properties, must bke place within an enclosed building.
8. Animal kennels and na imal care facilities must be designed so that
the maximum
perntissible noise levels from outdoor runs and other open areas cotrqilv with the provisions of FWRC 7.10.050, and such outdoor areas shall be screened
from adjacent properties by 10 ft. of Type III landscaping, as defined by Chapter 19.125 FWRC, or greater buffer as required therein.
9. No maximum lot coverage is established. Instead, the buildable area will be decemtined by other site development requirements, i.e., required buffers,
parking lot landscaping, surface water facilities, etc.
10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
11. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
12. For sign requirements that apply to the projeck see Chapter 19.140 FWRC.
13. Refer to Chapter 19.265 FWRC to detemtine what other provisions of this title may apply to the subject property.
14. Site design, including the lceation of parking and passenger loading areas shall be designed to reduce impacts on nearby residential areas.
For other information about parking and parking areas, see Chapter 19.130 F WRC.
For details of wLat may exceed this height limit, see FWRC 19.110.050 et seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11-700 Page 8 of 10
Rev 1/10 LU
Section 6. FWRC. 19.240.100, "Business, vocational, trade schools — Day care facilities, commercial — Animal kennels," is hereby amended to read as
follows:
19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels.
The followin uses shall be ermitted in the commercial ente rise (CE) zone sub'ect to the re lations and notes set forth in this section:
USE ZONE CHART
O DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
F Minimums
a � Rec uired Yards � ZO �
� Q y
a
i+
�" �3 N � �o� �� CE
o� ��.� � c � � .� � � �; .�
USE �� S w �� � x� �� a SPECIAL REGULATIONS AND NOTES
Business Process II None 20 ft. See note 40 ft. Determined 1. Minimum side and rear yards shall be 20 ft. along residential zones and 10 ft. along all other zones.
Schools, or with 1 above on a case- 2• If approved by the d'uector of community development services, the height of a shvcture may exceed 40 ft. above average building elevation
voCational SEPA, Outdoor use average by-case �A�E), to a maximum of 55 ft. AABE, if all of the following criteria are met: (a) The increased height is necessary to accommodate the
schools, ttade Process areas for building basis structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor-to-ceiling
sch0ols III animals, such as elevation height of 13 ft. and a minimum depth of 15 ft.; (b) Height complies with note 3; (c) Height over 40 ft. is set back from non-residential zones by
one additional ft for each one ft, of height over 40 ft.; and (d) Roof lines are designed to avoid a predominantly flat and featureless appearance
open-air (AABE), through variations in roof heighk forms, angles, and materials.
Day care kennels, runs, to 55 ft. 3. Building height may not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
facilities, training yards, or AABE 4. Any activities operated by business, voca6onal, or trade schools, that may impact adjacent propetties, such as auto repa'v or painting, must take
CommerCial Show faCilides, place within an enclosed building.
shall be set back See notes 5. Day care facilities must contain an outdoor play area with at least 75 sq. ft for each child using the area at any one H�. This play area must be
Animal kennels, 20 $. from any 2 and 3 completely enclosed by a solid fence or other approveA screen at least six ft. in height Play equipment and structured play areas may not be
located in a required yard.
animal care property line 6. Day care facilities must comply with all applicable state and outside agency licensing, certifications, or other applicable requirements.
faCilities 7. Day care facilides, animal kennels. or ee� animal care facilities may include accessory living facilities as defined by FWRC 19.OSA10.
See notes 8 and 8. Animal kennels and animal care facilities must be designed so that
13
the maximum oemilssible noise levels from outdoor runs and other onen areas complv with the umvisions of FWRC 7.10.050. and such outdoor
areas shall be screened from adjacent pmperties by 10 ft. of Type III landscaping, as defined by Chapter 19.125 FW RC, or greater buffer as
required therein.
9. Site design, including the location of parking and passenger loading areas shall be designed to reduce impacts on nearby residential areas.
10. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e., required yards,
landscaping, surface water facilities, etc.
i l. For regulations pertaining to outdoor use, activity and storage, refer to FWRC 19,125. U0.
12. For community design guidelines that apply to the projeck see Chapter 19.115 FWRC.
13. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
14. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
15. For other provisions of this chapter that may apply to the subject property, see Chapter 19.265 FWRC.
Process I, II, III and N are described in
Chapter 19.55 FwRC, For other informadon about parking and parking areas, see Chapter 19.130 FWRC.
CLapter 19.60 FWRC For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FWRC,
CLapter t9.7o FwRC respecavely. For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11-700 Page 9 of /0
Rev 1/10 LU
Section 7. 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 8. 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 9. Ratificarion. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 10. 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 20th day of September, 2011.
CTTY O FEDERAL WAY
MAYOR, S PRIEST
ATTEST:
.
CLERK, CAR MCNE LY, CMC
APPROVED AS TO FORM:
�
ATTORNEY, PATRICIA A. RICHAR.DSON
FILED WITH THE CI'TY CLERK: 8-30-2011
PASSED BY THE CITY COUNCIL: 9-20-2011
PUBLISHED: 9-20-2011
EFFECTIVE DATE: 9-29-2011
ORDINANCE NO.: 11-700
Ordinance No. 11-700 Page 10 of IO
Rev 1/10 LU