LUTC PKT 07-07-1999
Cü~J¿ ~
I
City of Federal Way
City Council
Land Use/Transportation Committee
July 7, 1999
5:30 pm
City Hall
Council Chambers
MEETING AGENDA
1.
CALL TO ORDER
2.
APPROV AL OF MINUTES
3.
PUBLIC COMMENT (3 minutes)
4.
COMMISSION COMMENT
5.
BUSINESS ITEMS
A. Hylebos Watershed Forum Action
Formation
B. King County's Proposed Lead on Salmon Action
Recovery Funding in WRIA9
C. Planning Commission Recommendation Action
on Sign Code
Prattll5 min
PrattllO min
Nordby/30 min
6.
FUTURE MEETING AGENDA ITEMS
SWManagement/Dept of Ecology Ordinance &
Manual Package
Open Cut of ROW vs Boring
Military Road @ Star Lake Road Signalization
Project Budget Adjustment/Final Acceptance
Endangered Species Act Update
RTA Process
7.
ADJOURN
Committee Members:
Phil Watkins. Chair
Jeanne Burbidge
Mary Gates
City Staff:
Stephen Clifton, Director, Community Development Services
Sandy Lyle, Administrative Assistant
253.661.4116
I\LU- TRANSVUL 7LUT AWPD
City Council.
Land Use/Transportation Committee
June 7. 1999
5: 30pm
Çity Hall
Council Chambers
SUMMARY
In attendance: Committee members Phil Watkins (Chair), Jeanne Burbidge and Mary Gates; Council Member Linda
Kochmar; Director of Community Development Services Stephen Clifton; Public Works Director Cary Roe; Assistant City
Attorney Bob Sterbank; Assistant to the City Manager Derek Matheson; Principal Planner Greg Fewins; Senior Planners
Lori Michaelson and Margaret Clark; Surface Water Manager Jeff Pratt; Traffic Engineer Rick Perez; Project Engineer
Marwan Salloum; Administrative Assistant Sandy Lyle.
1. CALL TO ORDER
The meeting was called to order a 5:35pm by Chairman Phil Watkins.
2. APPROY AL OF MINUTES
The minutes of the May 17, 1999, meeting were approved as presented.
3. PUBLIC COMMENT
There was no public comment on any item not included in the agenda.
4. COMMISSION COMMENT
There was no additional comment from any of the City Commissions.
5. BUSINESS ITEMS
A. Quadrant Tract #17 10% Annexation Petition - Quadrant is currently purchasing a parcel called Tract #17 with the
intent to consolidate it under common ownership and future development with the adjacent 25 acres, annexed to the
City in 1998 and known as Quadrant "residential north" annexation. The City adopted pre-annexation
comprehensive plan and zoning designations for the property as part of the 1998 comprehensive poan updates.
Also, future development of Tract #17 is subject to an existing development agreement approved by the Council in
1998 which limits residential density on the site to six units per gross acre. The Committee m/s/c the
recommendation to approve the annexation to the City Council at its June 15, 1999, meeting.
B. Code Compliance Ordinance - A provision to drop the requirement that an appelant notify property owners within a
radius of 3()()' of their property in a civil citation appeal was inadvertently dropped out of the version of the Civil
Citations Ordinance provided to Council for adoption. The Committee discussed amending the ordinance and,
deciding that historically they had erred on the side of cautious, m/s/c to take no action to remove the 300'
notification requirement.
C. 1999 Comprehensive Plan Update - A formal process for updating the comprehensive plan and development
regulations was adopted in March 1999, establishing a yearly deadline of September 30 to submit applications for
amendments. For the 1999 calendar year only, there was also an April 30 deadline for submittal of applications. In
all, nine requests were considered by the Committee. They found as follows:
.
Site Specific Request #1: Request to change the comprehensive plan designation and zoning from
Multifamily and RM 1800 to Community Business and BC zoning. The Committee's recommendation was
for staff to analyze the request further.
.
Site Specific Request #2: Request to change the comp plan designation and zoning from Office Park and
Professional Office PO to Neighborhood Business and BN zoning. Rich Costanzo spoke about his request
to include residential retail bUt the Committee felt there had been no significant change since this request
was last considered. The Committee's recommendation was that staff should not analyze this request
further.
.
Site Specific Request #3: Request to change the camp plan designation and zoning on 20.19 acres north of
South 320lh Street and east of 1-5 from Multifamily and RM36oo to Business Park and BP zoning. The
Committee mentioned uses that were most desirable and suggested a development agreement with the
developer. Citing that the property may be a complimentary bookend to the Capital One project, the
Committee m/s/c recommendation that staff analyze the request and also look at possible Office Park
designation.
.
Site Specific Request #4: Request by Sally Ramos to change the comprehensive plan designation and
zoning at the location west of the Hoyt Road SW and SW 340lh Street intersection from Single Family High
Density and RS 9.6 to Neighborhood Business and BN zoning for a doctor's office. Doctor's offices are
also an allowed use in OP zones and the Committee amended the language of the motion to request staff
analyze not only the request but to look at possible OP designation.
.
Site Specific Requests #5, #6, #7: Request to change the comp plan designation and zoning of parcels
between South 336th Street, Pacific Highway South and 161h A venue South for Business Park and BP zoning
to Community Business and BC zoning. Gene Merlino, Len Schaadt and Dick Gilroy spoke in favor of
their plans to develop those parcels. The Committee m/s/c to recommend that staff analyze the request and
also to review properties between the sites.
.
Site Specific Request #8: Request by the Weyerhaeuser Company to change the comprehensive plan
designation and zoning from Business Park and BP to Multifamily and RM36oo and to delete the
north/south road required in the comp plan in order to accommodate a proposed church/school. The
Committee discussed the possibility of locating churches in a BP zoning designation. The Committee
recommended that staff analyze the request and look at the possibility of allowing churches in a BP
designation.
.
Site Specific Request #9: Request to change the comprehensive plan designation and zoning from Single
Family Low Density and SE - Suburban Estates to Single Family Medium Density and RS 35 zoning. The
City Council had previously denied a change to any higher density based on environmental concerns and
the fact that the Hylebos Creek runs approximately through the middle of this property. The Committee
voted to not have staff analyze the request..
D. SeaTac Mall Drainage Project/Public Works Trust Fund Loan Acceptance - The Committee m/s/c recommendation
to approve to the City Council the Public Works Trust Fund Loan Agreement for the construction of the SeaTac
Mall Area Drainage Improvements. Approval of this PWTF construction loan agreement will allow the City to
expedite the proposed future SWM capital facility plan construction projects, minimizing costs associated with
inflation.
E. South 312th Access Management - On October 6, 1998 The City Council authorized the installation of C-curbs, a
raised island, and signing on South 3l2'h Street between 14th Avenue South and Pacific Highway South to restrict
left-turn access to QFC and Albertson's driveways. In 1996, seventeen driveway-related collisions occurred on
South 312th Street between 141h Avenue South and Pacific Highway South. The two collisions which occurred in a
l()() day period following construction of the new C-Curbs can be pro-rated to seven collisions a year. Therefore,
driveway-related collisions were reduced by 59 %.
F. 21" Avenue SW and SW 334'h Signal Project - The Committee m/s/c recommendation of approval to the City
Council of the bid award to Prime Electric, Inc., for the Traffic Signal and Sidewalk Improvements project at 21 51
Avenue SW and SW 334th Street in the amount of $114,796.00 and a construction contingency of $11,479.60. Also
approved for recommendation was the separate purchase of signal equipment in the amount of $25,000.00.
6. FUTURE MEETINGS
The next meeting will be held at 5:30pm in City Council Chambers on Monday, June 21, 1999.
7.
ADJOURN
The meeting was adjourned at 7:20pm.
I:\LU- TRANS\JUN7LUTS. WPD
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
July 1, 1999
TO:
Phil Watkins, Chair
Land Use/Transportation Committee
Jeff Pratt, Surface Water Manager~lt
Hylebos Watershed Forum Fonnation
FROM:
RE:
Background:
In 1995 the Puyallup River Watershed Council (Council) was formed under the authorities of the Federal Clean
Water Act, and the State of Washington Puget Sound Water Quality Protection Act. The Council is recognized by
the Pierce County Council through resolution and has been given a lead role in current Pierce County salmon
recovery efforts by the Pierce County Executive. The Council serves the entire Puyallup River watershed which is
also know as Water Resource Inventory Area 10 (WRIA 10). WRIA 10 stretches from the top of Mount Rainier to
the sound and includes the Joe's Creek, Lakota Creek, and Hylebos Creek drainages within the City of Federal
Way.
The Council has been a forum for those concerned about the sustainability and environmental health of the
watershed and plays a major role in bringing stakeholders together across the many jurisdictional boundaries. The
mission of the Council is to provide a forum which gives those in the watershed the opportunity to promote and
implement programs which restore, maintain, and enhance the watershed while protecting its economic,
environmental, and cultural health. Recently, the Council approved the formation of a subcommittee of itself
which is to be called the Hylebos Watershed Basin Affiliate (Affiliate). The formation of an affiliate group is an
attempt to break the much larger watershed into "bite size" chunks through which timely and meaningful
restoration and protection actions can be developed. The Hylebos Affiliate is a natural subdivision of the watershed
as Hylebos Creek is entirely distinct from the Puyallup and White River system, Le., Hylebos Creek empties into
the Hylebos Waterway in the Tacoma Tideflats.
The Affiliate is to be comprised of any interested stakeholders who wish to participate. Its mission will be much
the same as the mission of the Cquncil - to restore and protect the health of the Hylebos watershed in a coordinated
and cooperative manner. It is likely that the Affiliate will also be a conduit through which proposed projects flow
to the State Salmon Board for funding consideration.
As the portion of the Hylebos Watershed within corporate City limits is in excess of 50 percent of the entire
watershed, City staff participates in both the Council and Affiliate groups. Staff is seeking the Committee's formal
approval of its participation in these groups.
Recommendation:
Staff recommends that the committee formally authorize its participation in the Puyallup River Watershed Council
and in the Hylebos Watershed Basin Affiliate subcommittee.
K:\LUTC\hylebos.fnn
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
July 1. 1999
TO:
Phil Watkins, Chair
Land Use/Transportation committ£lt
Jeff Pratt. Surface Water Manager~
FROM:
RE:
King County's Proposed lead on Salmon Recovery Funding in WRIA9
Background:
Please find attached a copy of the Second Engrossed Second Substitute Senate Bill 5595 - "Salmon
Recovery Funding". Passed during special session in June of this year. this bill appropriates $119
million dollars from the state's capital budget for expenditure on salmon recovery efforts. It
establishes a salmon recovery funding board to approve these expenditures. The bill adds onto
the Salmon Recovery law (HB2496) from last year. According to the bill, local groups (lead
entities) identify. scrutinize. and nominate projects to the state salmon board.
Lead entities represent the interests of Water Resource Inventory Areas (WRIA' s). WRIA' s are
generally associated with large river systems. e.g.. WRIA9 is the Cedar/Green drainage and
WRIAlO is the Puyallup/White drainage. Because these WRIA's are so large they necessarily
include multiple jurisdictions such as counties. cities. flood control districts. etc. To encourage
a comprehensive, coordinated. and cooperative approach to salmon recovery efforts the bill seems
to suggest that the funds that it earmarks can only be accessed through the lead entity for the
appropriate WRIA. To date we have not been able to confirm this reading of the bill. in other
words, it may be the case that individual jurisdictions have the same access afforded the lead entity
for the WRIA.
King County has recently dispatched a letter (attached) to the many jurisdictions within the
WRIA's for which they propose to be the lead entity. The letter requests that each jurisdiction
submit a letter (sample attached) to the county which formally sanctions the county's lead entity
role in the respective WRIA's. The City of Federal Way has received such a letter and is seeking
the committee's guidance on an appropriate response to the county's request. Note that the
purported lead entity for WRIAlO. Pierce County, did not solicit the city's support for lead entity
status - they simply sent notice of a call for projects acting as the lead entity.
Recommendation:
Staff recommends that the committee direct the preparation of a formal response to King County's
request which reflects its position on the issue of lead entity status.
K:\LUTC\sb5595.lut
- \ :
http://WWW.leg.wa.goVJpubibillmto/ l!1!1!1-oU/senate/:>:> / :>-:>:>!I!I/:>:>!I:>-s.! - SI- VO1:> l~~~.lXl
CERTIFICATION OF ENROLLMENT
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL 5595
Chapter 13, Laws of 1999
(partial veto)
56th Legislature
1999 First Special Session
SALMON RECOVERY FUNDING
EFFECTIVE DATE:
7/1/99
Passed by the Senate May 19, 1999
YEAS 38 NAYS 9
R. LORRAINE WOJAHN
President of the Senate
Passed by the House May 18, 1999
YEAS 91 NAYS 5
CERTIFICATE
I, Tony M. cook, Secretary of the Senate of the State of Washington, do hereby
certify that the attached is SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL 5595
as passed by the Senate and the House of Representatives on the dates hereon set
forth.
CLYDE BALLARD
Speaker of the
House of Representatives
TONY M. COOK
secretary
FRANK CHOPP
speaker of the
House of Representatives
Approved June 11, 1999, with the exception of sections 2, 7, 19, 20, 22(3), 22(4),
and 22(5), which are vetoed. FILED
June 11, 1999 - 9:51 a.m.
GARY LOCKE
Governor of the State of Washington
State of Washington
secretary of State
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL 5595
AS AMENDED BY THE HOUSE
Passed Legislature - 1999 First Special Session
State of Washington
56th Legislature
1999 Regular Session
lofl7
6/18/99 11:08 AM
nnp:l/www.leg.wa.goVlpuo/OlllmrO/l~~~-uu/senate/')') I')-')')':J':JI')')':J')-s,! _51_Va D l':J':J':J.txt
By Senate Committee on Ways & Means (originally sponsored by Senators
Jacobsen and Fraser)
Read first time 03/05/99.
AN ACT Relating to salmon recovery funding; amending RCW 75.46.005,
75.46.010, 75.46.040, 75.46.050, 75.46.060, 75.46.070, 75.46.100,
75.46.080, and 76.12.110; amending 1999 c 309 s 114 (uncodified);
amending 1999 c 309 s 129 (uncodified); amending 1999 c 309 s 304
(uncodified); adding new sections to chapter 75.46 RCW; adding a new
section to Title 79A RCW; creating a new section; repealing RCW
75.46.130; making appropriations; providing an effective date;
providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
as follows:
The legislature finds that repeated attempts to improve salmonid
fish runs throughout the state of Washington have failed to avert
listings of salmon and steelhead runs as threatened or endangered under
the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).
These listings threaten the sport, commercial, and tribal fishing
industries as well as the economic well-being and vitality of vast
areas of the state. It is the intent of the legislature to begin
activities required for the recovery of salmon stocks as soon as
possible, although the legislature understands that successful recovery
efforts may not be realized for many years because of the life cycle of
salmon and the complex array of natural and human-caused problems they
face.
The legislature finds that it is in the interest of the citizens of
the state of Washington for the state to retain primary responsibility
for managing the natural resources of the state, rather than abdicate
those responsibilities to the federal government{+ , and that the state
may best accomplish this objective by integrating local and regional
recovery activities into a state-wide plan that can make the most
effective use of provisions of federal laws allowing for a state lead
in salmon recovery. The legislature also finds that a state-wide
salmon recovery plan must be developed and implemented through an
active public involvement process in order to ensure public
participation in, and support for, salmon recovery +}. The legislature
also finds that there is a substantial link between the provisions of
the federal endangered species act and the federal clean water act (33
U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat
restoration is a vital component of salmon recovery efforts.
Therefore, it is the intent of the legislature to specifically address
salmon habitat restoration in a coordinated manner and to develop a
structure that allows for the coordinated delivery of federal, state,
and local assistance to communities for habitat projects that will
assist in the recovery and enhancement of salmon stocks.
The legislature also finds that credible scientific review and
oversight is essential for any salmon recovery effort to be successful.
{+ The legislature further finds that it is important to monitor
the overall health of the salmon resource to determine if recovery
efforts are providing expected returns. It is important to monitor
salmon habitat projects and salmon recovery activities to determine
their effectiveness in order to secure federal acceptance of the
state's approach to salmon recovery. Adaptive management cannot exist
without monitoring. For these reasons, the legislature believes that
a coordinated and integrated monitoring process should be developed. +}
The legislature therefore finds that a coordinated framework for
responding to the salmon crisis is needed immediately. To that end,
the salmon recovery office should be created within the governor's
office to provide overall coordination of the state's response; an
independent science (({- team -}» {+ panel +} is needed to provide
scientific review and oversight; (+ a coordinated state funding process
RCW 75.46.005 and 1998 c 246 s 1 are each amended to read
2 of 17
6/18/9911:08 AM
nnp:/Iwww.lcg. Wa.goVlpuOlDII1IßlOll~~~-uVisenalCl.D I :J-:J:J~~I :J:J~:J-S¿ _81- VOl:J l~~~.lXl
should be established through a salmon recovery funding board; +} the
appropriate local or tribal government should provide local leadership
in identifying and sequencing habitat «(- restoration -})) projects to
be funded by state agencies; habitat «(- restoration -})) projects
should be implemented without delay; and a strong locally based effort
to restore salmon habitat should be established by providing a
framework to allow citizen volunteers to work effectively.
*Sec. 2.
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Adaptive management" means reliance on scientific methods to
test the results of actions taken so that the management and related
policy can be changed promptly and appropriately.
(2) {+ "Board" means the salmon recovery funding board created in
section 3 of this act.
(3) +} "Critical pathways methodology" means a project scheduling
and management process for examining interactions between habitat
projects and salmonid species, prioritizing habitat projects, and
assuring positive benefits from habitat projects.
({- (3) -})) {+ (4) +} "Habitat project list" is the list of {+
habitat +} projects resulting from the critical pathways methodology
under RCW 75.46.070(2) {+ that shall receive consideration for funding
by the salmon recovery funding board +}. Each project on the list must
have a written agreement from the landowner on whose land the project
will be implemented{+ , and must be based on the limiting factors
analysis conducted in RCW 75.46.070 when completed +}.
{+ (5) "Habitat p +}rojects{+ " or "projects" +} include {+ but are
not limited to +} habitat restoration projects, habitat protection
projects, habitat projects that improve water quality, habitat projects
that protect water quality, habitat-related mitigation projects, and
habitat project {+ corrective +} maintenance and monitoring activities.
{+ Projects that include the use of side channels, off-stream rearing
enhancement, improvement in overwintering habitat, or use of
acclimation ponds shall receive consideration for funding. +}
«({- (4) -}}) {+ (6) +} "Habitat work schedule" means those
projects from the habitat project list that will be implemented during
the current funding cycle. The schedule shall also include a list of
the entities and individuals implementing projects, the start date,
duration, estimated date of completion, estimated cost, and funding
sources for the projects.
«{- (5) -}}) {+ (7) +} "Limiting factors" means conditions that
limit the ability of habitat to fully sustain populations of salmon.
({- These factors are primarily fish passage barriers and degraded
estuarine areas, riparian corridors, stream channels, and wetlands.
(6) -})} {+ (8) "Listed stocks" means salmon and trout stocks that
are listed or proposed for listing as threatened or endangered under
the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. +}
{+ (9) +} "Project sponsor" is a county, city, special district,
tribal government, {+ state agency, +} a combination of such
governments through interlocal {+ or interagency +} agreement«{- s
provided under chapter 39.34 RCW -})), a nonprofit organization, or one
or more private citizens.
«{- (7) -})) {+ (lO} +} "Salmon" includes all species of the
family Salmonidae which are capable of self-sustaining, natural
production {+ except for Atlantic salmon.
(11) "Salmon recovery activities" or "activities" includes but is
not limited to habitat protection or restoration activities by local
governments, tribes, other public entities, and private entities. The
activities must have as a principal purpose the protection and
restoration of salmonid populations. "Activities" may include:
Preparation of stream corridor guidelines, programmatic permitting, and
preparation of geographic information system protocols. "Activities"
do not include updates related to the growth management act.
RCW 75.46.010 and 1998 c 246 s 2 are each amended to read
3 of 17
6/18/99 11:08 AM
""p.1I """"'.'C~."'...~V., PUWVU1UUV' UjrVV'~w..u.w, JJ' J "JJjj' J.nr,,"-_'>1_VV'..."">'>.,^'
(12) +) "Salmon recovery plan" means a state plan developed in
response to a proposed or actual listing under the federal endangered
species act that addresses limiting factors including, but not limited
to harvest, hatchery, hydropower, habitat, and other factors of
decline.
(({- (9) -») {+ (13) "Interagency team" or "team" means the
interagency review team created in RCW 75.46.080.
(14) +) "Tribe" or "tribes" means federally recognized Indian
tribes.
( ( {- (10) -») {+ (15) +) "WRIA" means a water resource inventory
area established in chapter 173-500 WAC as it existed on January 1,
1997.
(({- (11) -I»~ {+ (16) +) "Owner" means the person holding title to
the land or the person under contract with the owner to lease or manage
the legal owner's property.
{+ (17) "SASSI" means the salmon and steelhead stock inventory
report and appendices.
(18) "SSHIAP" means the salmon and steelhead habitat inventory and
assessment project.
(19) "Technical review team" means the salmon recovery technical
review team created in section 7 of this act. +}
*Sec. 2 was vetoed. See message at end of chapter.
{+ NEW SECTION. +} Sec. 3.
75.46 RCW to read as follows:
(1) The salmon recovery funding board is created consisting of ten
members.
(2) Five members of the board shall be voting members who are
appointed by the governor, subject to confirmation by the senate. One
of these voting members shall be a cabinet-level appointment as the
governor's representative to the board. Board members who represent
the general public shall not have a financial or regulatory interest in
salmon recovery. The governor shall appoint one of the general public
members of the board as the chair. The voting members of the board
shall be appointed for terms of four years, except that two members
initially shall be appointed for terms of two years and three members
shall initially be appointed for terms of three years. In making the
appointments, the governor shall seek a board membership that
collectively provide the expertise necessary to provide strong fiscal
oversight of salmon recovery expenditures, and that provide extensive
knowledge of local government processes and functions and an
understanding of issues relevant to salmon recovery in Washington
state. The governor shall appoint at least three of the voting members
of the board no later than ninety days after the effective date of this
section. Vacant positions on the board shall be filled in the same
manner as the original appointments. The governor may remove members
of the board for good cause.
In addition to the five voting members of the board, the following
five state officials shall serve as ex officio nonvoting members of the
board: The director of the department of fish and wildlife, the
executive director of the conservation commission, the secretary of
transportation, the director of the department of ecology, and the
commissioner of public lands. The state officials serving in an ex
officio capacity may designate a representative of their respective
agencies to serve on the board in their behalf. Such designations
shall be made in writing and in such manner as is specified by the
board.
(3) Staff support to the board shall be provided
committee for outdoor recreation. For administrative
board shall be located with the interagency committee
recreation.
(4) Members of the board who do not represent state agencies shall
be compensated as provided by RCW 43.03.250. Members of the þoard
shall be reimbursed for travel expenses as provided by RCW 43.03.050
and 43.03.060.
A new section is added to chapter
by the interagency
purposes, the
for outdoor
4 of 17
6/18/9911:08 AM
""p." '" '" "'..,,/S. ",.../SU 'I PUU/UUi.I.ULUi .:>:>:>-VV/>M;lld.l.CJ.J.J 1.J-.J.J:1:1/.J.J:1.J-s.._IJI_VU!J 1:1:1::1.IXI
{+ NEW SECTION. +} Sec. 4.
75.46 RCW to read as follows:
(1) The board is responsible for making grants and loans for salmon
habitat projects and salmon recovery activities from the amounts
appropriated to the board for this purpose. To accomplish this purpose
the board may:
(a) Provide assistance to grant applicants regarding the procedures
and criteria for grant and loan awards;
(b) Make and execute all manner of contracts and agreements with
public and private parties as the board deems necessary, consistent
with the purposes of this chapter;
(c) Accept any gifts, grants,
financial or other aid in any form
that are not in conflict with this
(d) Adopt rules under chapter
the purposes of this chapter; and
(e) Do all acts and things necessary or convenient to carry out the
powers expressly granted or implied under this chapter.
(2) The interagency committee for outdoor recreation shall provide
all necessary grants and loans administration assistance to the board,
and shall distribute funds as provided by the board in section 5 of
this act.
A new section is added to chapter
or loans of funds, property, or
from any other source on any terms
chapter;
34.05 RCW as necessary to carry out
{+ NEW SECTION. +} Sec. 5.
75.46 RCW to read as follows:
(1) The board shall develop procedures and criteria for allocation
of funds for salmon habitat projects and salmon recovery activities on
a state-wide basis to address the highest priorities for salmon habitat
protection and restoration. To the extent practicable the board shall
adopt an annual allocation of funding. The allocation should address
both protection and restoration of habitat, and should recognize the
varying needs in each area of the state on an equitable basis. The
board has the discretion to partially fund, or to fund in phases,
salmon habitat projects. The board may annually establish a maximum
amount of funding available for any individual project, subject to
available funding. No projects required solely as a mitigation or a
condition of permitting are eligible for funding.
(2) (a) In evaluating, ranking, and awarding funds for projects and
activities the board shall give preference to projects that:
(i) Are based upon the limiting factors analysis identified under
RCW 75.46.070;
(ii) Provide a greater benefit to salmon recovery based upon the
stock status information contained in the department of fish and
wildlife salmonid stock inventory (SASSI), the salmon and steelhead
habitat inventory and assessment project (SSHIAP), and any comparable
science-based assessment when available;
(iii) Will benefit listed species and other fish species; and
(iv) Will preserve high quality salmonid habitat.
(b} In evaluating, ranking, and awarding funds for projects and
activities the board shall also give consideration to projects that:
(i) Are the most cost-effective;
(ii) Have the greatest matched or in-kind funding; and
(iii) Will be implemented by a sponsor with a successful record of
project implementation.
(3) The board may reject, but not add, projects from a habitat
project list submitted by a lead entity for funding.
(4} For fiscal year 2000, the board may authorize the interagency
review team to evaluate, rank, and make funding decisions for
categories of projects or activities or from funding sources provided
for categories of projects or activities. In delegating such authority
the board shall consider the review team's staff resources, procedures,
and technical capacity to meet the purposes and objectives of.this
chapter. The board shall maintain general oversight of the team's
exercise of such authority.
A new section is added to chapter
5 of17
6/18/99 11:08 AM
UUP"¡ W WW."'g. WK.gUVlPUUtUU1UUUll"""",-VU¡seruUe¡.).) I')-.)')~~/.).)~.)-S¿ _81- VO!.) !':J':J~.1Xt
(5) The board shall seek the guidance of the technical review team
to ensure that scientific principles and information are incorporated
into the allocation standards and into proposed projects and
activities. If the technical review team determines that a habitat
project list complies with the critical pathways methodology under RCW
75.46.070, it shall provide substantial weight to the list's project
priorities when making determinations among applications for funding of
projects within the area covered by the list.
(6) The board shall establish criteria for determining when block
grants may be made to a lead entity or other recognized regional
recovery entity consistent with one or more habitat project lists
developed for that region. Where a lead entity has been established
pursuant to RCW 75.46.060, the board may provide grants to the lead
entity to assist in carrying out lead entity functions under this
chapter, subject to available funding. The board shall determine an
equitable minimum amount of funds for each region, and shall distribute
the remainder of funds on a competitive basis.
(7) The board may waive or modify portions of the allocation
procedures and standards adopted under this section in the award of
grants or loans to conform to legislative appropriations directing an
alternative award procedure or when the funds to be awarded are from
federal or other sources requiring other allocation procedures or
standards as a condition of the board's receipt of the funds. The
board shall develop an integrated process to manage the allocation of
funding from federal and state sources to minimize delays in the award
of funding while recognizing the differences in state and legislative
appropriation timing.
{+ NEW SECTION. +) Sec. 6.
75.46 RCW to read as follows:
(1) Habitat project lists shall be submitted to the salmon recovery
funding board for funding by January 1st and July 1st of each year
beginning in 2000. The board shall provide the legislature with a list
of the proposed projects and a list of the projects funded by October
1st of each year beginning in 2000 for informational purposes.
(2) The interagency committee for outdoor recreation shall track
all funds allocated for salmon habitat projects and salmon recovery
activities on behalf of the board, including both funds allocated by
the board and funds allocated by other state or federal agencies for
salmon recovery or water quality improvement.
(3) Beginning in December 2000, the board shall
report to the governor and the legislature on salmon
expenditures. This report shall be coordinated with
salmon report required under RCW 75.46.030.
A new section is added to chapter
provide a biennial
recovery
the state of the
*{+ NEW SECTION. +} Sec. 7.
75.46 RCW to read as follows:
(1) The salmon recovery technical review team is created. The
technical review team is composed of no less than five members selected
by the director of fish and wildlife. The director shall ensure that
lead scientists representing state, tribal, federal, and local
government interests are represented on the technical review team, and
shall include members representing the private sector. Members of the
technical review team shall have an educational and professional
scientific background in salmonids, salmonid habitat, or related
fields. The members of the technical review team shall not serve any
fixed term. The numbers of members of the technical review team may be
increased or decreased depending on the need for scientific expertise,
but the technical review team must always consist of at least five
members. Administrative support for the technical review team is
provided by the department of fish and wildlife. Assignments and
direction to the technical review team shall be made by the chair of
the technical review team. The chair of the technical review. team
shall be designated by the members of the team.
(2) The technical review team is responsible for receiving habitat
A new section is added to chapter
6 of 17
6/18/99 11:08 AM
nllp:IIWWW.lcg. wa.gOV/puOlDlI1UllOi i':l':l':l-\JVIs<:ruUe/;U 1 ;)-;);)':1':11 ;)J':IJ-S¿ _SI- VV 1.J 1':1':1':1."'-'
project lists submitted by lead entities under RCW 75.46.060, for
screening and ranking projects on such lists, for providing its ranking
of projects, within categories on a statewide basis, to the board, and
determining whether the critical pathways methodology under RCW
75.46.070 has been complied with in the development and ranking of
projects on the habitat project list. The technical review team shall
review and rank the projects submitted from across the state for
funding, organize pertinent information, and provide the board with its
findings. The technical review team shall make an active effort to
communicate the criteria for reviewing and ranking projects with the
lead entities. The technical review team shall make information
available to lead entities regarding deficiencies in projects that
result in their low ranking in the review process. The technical
review team may not remove a project from a habitat project list.
(3) The technical review team is also responsible for working in
conjunction with the independent science panel to develop standardized
monitoring indicators and data quality guidelines for habitat projects
and salmon recovery activities across the state, and for recommending
criteria for the systematic and periodic evaluation of monitoring data
to help ensure the effectiveness of the state's salmon recovery
efforts.
*Sec. 7 was vetoed.
See message at end of chapter.
Sec. 8.
as follows:
(1) The salmon recovery office is created within the office of the
governor to coordinate state strategy to allow for salmon recovery to
healthy sustainable population levels with productive commercial and
recreational fisheries. The primary purpose of the office is to
coordinate and assist in the development of salmon recovery plans for
evolutionarily significant units, and submit those plans to the
appropriate tribal governments and federal agencies (({- in response to
the federal endangered species act -») {+ as an integral part of a
state-wide strategy developed consistent with the guiding principles
and procedures under section 9 of this act +}. The governor's salmon
recovery office may also:
(a) Act as liaison to local governments, the state congressional
delegation, the United States congress, federally recognized tribes,
and the federal executive branch agencies for issues related to the
state's endangered species act salmon recovery plans; and
(b) Provide the biennial state of the salmon report to the
legislature pursuant to RCW 75.46.030.
(2) This section expires June 30, 2006.
RCW 75.46.040 and 1998 c 246 s 5 are each amended to read
{+ NEW SECTION. +} Sec. 9.
75.46 RCW to read as follows:
(1) By September 1, 1999, the governor, with the assistance of the
salmon recovery office, shall submit a state-wide salmon recovery
strategy to the appropriate federal agencies administering the federal
endangered species act.
(2) The governor and the salmon recovery office shall be guided by
the following considerations in developing the strategy:
(a) The strategy should identify state-wide initiatives and
responsibilities with regional and local watershed initiatives as the
principal mechanism for implementing the strategy;
(b) The strategy should emphasize collaborative, incentive-based
approaches;
(c) The strategy should address all factors limiting the recovery
of Washington's listed salmon stocks, including habitat and water
quality degradation, harvest and hatchery management, inadequate
streamflows, and other barriers to fish passage. Where other limiting
factors are beyond the state's jurisdictional authorities to respond
to, such as some natural predators and high seas fishing, the,strategy
shall include the state's requests for federal action to effectively
address these factors;
A new section is added to chapter
7 ofl7
6/18/99 11:08 AM
UllpJIWWW.U"g.W...govlpuo/OIIIUI10/1~~~-uVlsenaL"':D I ::J-::J::J';;I':JI::J)':J::J-s.l_SI_UÒ 1) iYYY.txt
(d) The strategy should identify immediate actions necessary to
prevent extinction of a listed salmon stock, establish performance
measures to determine if restoration efforts are working, recommend
effective monitoring and data management, and recommend to the
legislature clear and certain measures to be implemented if performance
goals are not met;
(e) The strategy shall rely on the best scientific information
available and provide for incorporation of new information as it is
obtained;
(f) The strategy should seek a fair allocation of the burdens and
costs upon economic and social sectors of the state whose activities
may contribute to limiting the recovery of salmon; and
(g) The strategy should seek clear measures and procedures from the
appropriate federal agencies for removing Washington's salmon stocks
from listing under the federal act.
(3) Beginning on september 1, 2000, the strategy shall be updated
through an active public involvement process, including early and
meaningful opportunity for public comment. In obtaining public
comment, the salmon recovery office shall hold public meetings
throughout the state and shall encourage regional and local recovery
planning efforts to similarly ensure an active public involvement
process.
(4) This section'shall apply prospectively only and not
retroactively. Nothing in this section shall be construed to
invalidate actions taken in recovery planning at the local, regional,
or state level prior to the effective date of this section.
Sec. 10.
as follows:
(1) The governor shall request the national academy of sciences,
the American fisheries society, or a comparable institution to screen
candidates to serve as members on the independent science panel. The
institution that conducts the screening of the candidates shall submit
a list of the nine most qualified candidates to the governor, the
speaker of the house of representatives, and the majority leader of the
senate. The candidates shall reflect expertise in habitat requirements
of salmon, protection and restoration of salmon populations, artificial
propagation of salmon, hydrology, or geomorphology.
(2) The speaker of the house of representatives and the majority
leader in the senate (({- shall -})) {+ may +} each remove one name
from the nomination list. The governor shall consult with tribal
representatives and the governor shall appoint five scientists from the
remaining names on the nomination list.
(3) The members of the independent science panel shall serve four-
year terms. {+ Vacant positions on the panel shall be filled in the
same manner as the original appointments. Members shall serve no more
than two full terms. +} The independent science panel members shall
elect the chair of the panel among themselves every two years. (({-
The members of the independent science panel shall be compensated as
provided in RCW 43.03.250 and reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060. -})) {+ Based upon
available funding, the governor's salmon recovery office may contract
for services with members of the independent science panel for
compensation under chapter 39.29 RCW. +}
(4) The independent science panel shall be governed by generally
accepted guidelines and practices governing the activities of
independent science boards such as the national academy of sciences.
The purpose of the independent science panel is to help ensure that
sound science is used in salmon recovery efforts. The governor's
salmon recovery office shall request review of salmon recovery plans by
the science review panel. The science (({- review -})} panel does not
have the authority to review individual projects or {+ habitat +}
project lists developed under RCW 75.46.060, 75.46.070, and 7~.46.080
or to make policy decisions. {+ The panel shall periodically submit
its findings and recommendations under this subsection to the
RCW 75.46.050 and 1998 c 246 s 6 are each amended to read
8 of 17
6/18/9911:08 AM
""'1'"' n n n.,~!S. na.!Su., PU""""""'LUI L:I:I:I-VV/""_UJi.).) / .)-.).):1:1/.).):1.)-,...-",- VVLoJ D:I:I.,^,-
legislature and the governor. +}
(5) The independent science panel (((- shall submit its findings to
the legislature and the governor -})) (+ , in conjunction with the
technical review team, shall recommend standardized monitoring
indicators and data quality guidelines for use by entities involved in
habitat projects and salmon recovery activities across the state.
(6) The independent science panel, in conjunction with the
technical review team, shall also recommend criteria for the systematic
and periodic evaluation of monitoring data in order for the state to be
able to answer critical questions about the effectiveness of the
state's salmon recovery efforts.
(7) The recommendations on monitoring as required in this section
shall be provided in a report to the governor and to the legislature by
the independent science panel, in conjunction with the salmon recovery
office, no later than December 31, 2000. The report shall also include
recommendations on the level of effort needed to sustain monitoring of
salmon projects and other recovery efforts, and any other
recommendations on monitoring deemed important by the independent
science panel and the technical review team. The report may be
included in the biennial state of the salmon report required under RCW
75.46.030 +}.
Sec. II.
as follows:
(1) (a) Counties, cities, and tribal governments must jointly
designate, by (({- official -})) resolution {+ or by letters of support
+}, the area for which a habitat (({- restoration -})) project list is
to be developed and the lead entity that is to be responsible for
submitting the habitat (({- restoration -})) project list. No project
included on a habitat (({- restoration -})) project list shall be
considered mandatory in nature and no private landowner may be forced
or coerced into participation in any respect. The lead entity may be
a county, city, conservation district, special district, tribal
government, or other entity.
(b) The lead entity shall establish a committee that consists of
representative interests of counties, cities, conservation districts,
tribes, environmental groups, business interests, landowners, citizens,
volunteer groups, regional fish enhancement groups, and other (({-
restoration -})) {+ habitat +} interests. The purpose of the
committee is to provide a citizen-based evaluation of the projects
proposed to promote salmon habitat (({- restoration -})). The (({-
interagency -})) {+ technical +} review team may provide the lead
entity with organizational models that may be used in establishing the
committees.
(c) The committee shall compile a list of habïtat (({- restoration
-})) projects, establish priorities for individual projects, define the
sequence for project implementation, and submit these activities as the
habitat (({- restoration -}}} project list. The committee shall also
identify potential federal, state, local, and private funding sources.
(2) The area covered by the habitat project list must be based, at
a minimum, on a WRIA, combination of WRIAs, (({- an evolutionarily
significant unit, -})} or any other area as agreed to by the counties,
cities, and tribes {+ in resolutions or in letters of support +}
meeting the requirements of this subsection. Preference will be given
to projects in an area that contain a salmon species that is listed or
proposed for listing under the federal endangered species act.
{+ (3) The lead entity shall submit the habitat project list to the
technical review team in accordance with procedures adopted by the
board. +}
RCW 75.46.060 and 1998 c 246 s 7 are each amended to read
Sec. 12.
as follows:
(1) Critical pathways methodology shall be used to develqp a
habitat project list and a habitat work schedule that ensures salmon
(({- restoration activities -})) {+ habitat projects +} will be
RCW 75.46.070 and 1998 c 246 s 8 are each amended to read
9 ofl7
6/18/99 11:08 AM
HUp." '" '" """'ð' ",...tlv " PUUI U...UUVl D77-VV' """4"".).) , ,)-,).)7'" .).)"7.)-s¿, _SI- VOl'> 1"7"7"7.!X1
prioritized and implemented in a logical sequential manner that
produces habitat capable of sustaining healthy populations of salmon.
(2) The critical pathways methodology shall:
(a) Include a limiting factors analysis for salmon in streams,
rivers, tributaries, estuaries, and subbasins in the region. The
technical advisory group shall have responsibility for the limiting
factors analysis;
(b) Identify local habitat projects that sponsors are willing to
undertake. The projects identified must have a written agreement from
the landowner on which the project is to be implemented. Project
sponsors shall have the lead responsibility for this task;
(c) Identify how projects will be monitored and evaluated. The
project sponsor, in consultation with the technical advisory group and
the appropriate landowner, shall have responsibility for this task;
«{- and -}»
(d) {+ Include a review of monitoring data, evaluate project
performance, and make recommendations to the committee established
under RCW 75.46.060 and to the technical review team. The technical
advisory group has responsibility for this task; and
(e) +} Describe the adaptive management strategy that will be used.
The committee established under RCW 75.46.060 shall have responsibility
for this task. If a committee has not been formed, the technical
advisory group shall have the responsibility for this task.
(3) The habitat work «{- list -}» {+ schedule +} shall include
all projects developed pursuant to subsection (2} of this section «{-
as well as -}»{+ , and shall identify and coordinate with +} any
other salmon habitat «{- restoration -}» project implemented in the
region{+ , including habitat preservation projects funded through the
Washington wildlife and recreation program, the conservation reserve
enhancement program, and other conservancy programs +}. The {+ habitat
+} work «{- list -}» {+ schedule +} shall also include the start
date, duration, estimated date of completion, estimated cost, and, if
appropriate, the affected salmonid species of each project. Each
schedule shall be updated on an annual basis to depict new activities.
{+ NEW SECTION. +} Sec. 13.
75.46 RCW to read as follows:
State salmon monitoring data provided by lead entities, regional
fisheries enhancement groups, and others shall be included in the data
base of SASSI and SSHIAP. Information pertaining to habitat
preservation projects funded through the Washington wildlife and
recreation program, the conservation reserve enhancement program, and
other conservancy programs related to salmon habitat shall be included
in the SSHIAP data base.
A new section is added to chapter
Sec. 14. RCW 75.46.100 and 1998 c 246 s 11 are each amended to
read as follows:
The sea grant program at the University of Washington is authorized
to provide technical assistance to volunteer groups and other project
sponsors in designing and «{- performing -}» {+ implementing +}
habitat «{- restoration -}}) projects that address the limiting
factors analysis «{- of regional habitat work plans -}» {+ required
under RCW 75.46.070 +}. The cost for such assistance may be covered on
a fee-for-service basis.
Sec. 15.
as follows:
(1) Representatives from the conservation commission, the
department of transportation, {+ the department of natural resources,
the department of ecology, +} and the department of fish and wildlife
shall establish an interagency review team. «{- Except as provided in
subsection (6) of this section, -}» {+ H +}abitat restoration project
lists shall be submitted to the interagency review team by Japuary 1st
and July 1st of each year «{- beginning in 1999 -}». {+ The purpose
of the team is to assist the salmon recovery funding board in
RCW 75.46.080 and 1998 c 246 s 9 are each amended to read
100f17
6/18/99 11:08 AM
I1Up.1I W WW.IC:;~. W....~UW PUUJOIHUI1UJ l:>:>:>-UV/S<:llIile;.J.J I.J-.J.J:>:>/.J.J:>.J-/U _SI- VU iJ l:>:>:>.Ul.L
developing procedures and standards for state-wide funding allocation,
and to assist the board in reviewing funding applications to identify
the highest priority projects and activities for funding. +}
(2) (((- If no lead entity has been formed under RCW 75.46.060, the
interagency review team shall rank, prioritize, and dispense funds for
habitat restoration projects by giving preference to the projects that:
(a) Provide a greater benefit to salmon recovery;
(b) Will be implemented in a more critical area;
(c) Are the most cost-effective;
(d) Have the greatest matched, or in-kind funding; and
(e) Will be implemented by a sponsor with a successful record of
project implementation.
(3) -I»~ If a lead entity established under RCW 75.46.060 has been
formed, the interagency review team shall evaluate {+ habitat +}
project lists (((- and may remove, but not add, projects from a habitat
project list.
(4) The interagency review team shall provide a summary of funding
for habitat restoration project lists to the governor and to the
legislature by December 1st of each year -I»~ {+ developed pursuant to
RCW 75.46.060 and submitted to the board for consideration for funding.
The team shall advise the board on whether the list for the area
complies with the list development procedures and critical path
methodology provided by RCW 75.46.060 and 75.46.070. When the board
determines the list to comply with those requirements it shall accord
substantial weight to the list's project priorities when making
determinations among applications for funding of projects and
activities within the area covered by the list. Projects that include
use of side channels, off-stream rearing enhancement, improvement in
overwintering habitat, or use of acclimation ponds shall receive
consideration for funding +}.
(({- (5) -I»~ {+ (3) +) The (({- interagency review team -I»~ {+
board +) may annually establish a maximum amount of funding available
for any individual project, subject to available funding. (({- The
interagency review team shall attempt to assure a geographical balance
in assigning priorities to projects.
(6) For fiscal year 1998, the department of fish and wildlife, the
conservation commission, and the department of transportation may
authorize, subject to appropriations, expenditures for projects that
have been developed to restore salmon habitat before completion of the
project lists required in RCW 75.46.060(2).
(7) -») {+ (4) +} Where a lead entity has been established
pursuant to RCW 75.46.060, the (({- interagency review team -I»~ {+
board +} may provide (({- block -I»~ grants to the lead entity {+ to
assist in carrying out lead entity functions under this chapter +},
subject to available funding.
{+ (5) The interagency review team shall review, rank, and approve
projects submitted for funding until January 1, 2000.
(6) This section expires July 1, 2000. +}
{+ NEW SECTION. +} Sec. 16.
75.46 RCW to read as follows:
The salmon recovery account is created in the state treasury. To
the account shall be deposited such funds as the legislature directs or
appropriates to the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be used for
salmon recovery.
A new section is added to chapter
{+ NEW SECTION. +} Sec. 17.
RCW to read as follows:
The interagency committee for outdoor recreation shall provide
necessary grants and loan administration support to the salmon recovery
funding board as provided in section 4 of this act. The committee
shall also be responsible for tracking salmon recovery expend~tures
under section 6 of this act. The committee shall provide all necessary
administrative support to the board, and the board shall be located
A new section is added to Title 79A
110f17
6/18/99 11:08 AM
Illl!':/l WWW,"'g. Wii.gUVlI'UUlUJUU1.I.U/ J.~:"':1-UU/""lIii"" JJ I J-JJ~"/ JJ"J-:>,," -:>'- VV"" "'~".1A'
with the committee. The committee shall coordinate its activities
under this section with the salmon recovery technical review team
created in section 7 of this act and provide necessary information to
the salmon recovery office.
Sec. 18. RCW 76.12.110 and 1998 c 347 s 55 are each amended to
read as follows:
There is created a forest development account in the state
treasury. The state treasurer shall keep an account of all sums
deposited therein and expended or withdrawn therefrom. Any sums placed
in the account shall be pledged for the purpose of paying interest and
principal on the bonds issued by the department, and for the purchase
of land for growing timber. Any bonds issued shall constitute a first
and prior claim and lien against the account for the payment of
principal and interest. No sums for the above purposes shall be
withdrawn or paid out of the account except upon approval of the
department.
Appropriations may be made by the legislature from the forest
development account to the department for the purpose of carrying on
the activities of the department on state forest lands, lands managed
on a sustained yield basis as provided for in RCW 79.68.040, and for
reimbursement of expenditures that have been made or may be made from
the resource management cost account in the management of state forest
lands. (({- For the 1997-99 fiscal biennium, moneys from the account
shall be distributed as directed in the omnibus appropriations act to
the beneficiaries of the revenues derived from state forest lands.
Funds that accrue to the state from such a distribution shall be
deposited into the salmon recovery account, hereby created in the state
treasury. Funds appropriated from the salmon recovery account shall be
used for efforts to restore endangered anadromous fish stocks. -}»
*Sec. 19. 1999 C 309 s 114 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF THE GOVERNOR
General Fund--state Appropriation (FY 2000) . . . . . . . . .$
General Fund--State Appropriation (FY 2001) . .
. . . . $
(({- 5,762,000 -}»
{+ 5,700,000 +}
(({- 5,720,000 -}»
{+ 5,657,000 +}
674,000
700,000
(({- 12,856,000 -}))
{+ 12,731,000 +}
General Fund--Federal Appropriation. . . . . . . . . . . . .$
Water Quality Account--state Appropriation. . . . . . .$
TOTAL APPROPRIATION. . . . . . . . . . .$
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,612,000 of the general fund--state appropriation for fiscal
year 2000, $1,588,000 of the general fund--state appropriation for
fiscal year 2001, $700,000 of the water quality account appropriation,-
and $209,000 of the general fund--federal appropriation are provided
solely for the implementation of the puget Sound work plan and agency
action items PSAT-01 through PSAT-05.
(2) $465,000 of the general fund--federal appropriation and
$200,000 of the general fund--state appropriation are provided solely
for the salmon recovery office to meet its responsibilities for the
state-wide salmon recovery strategy. Of this amount: (a) $200,000 of
the general fund--state appropriation is provided for the operation of
the independent science panel: and (b) $465,000 of the general fund--
federal appropriation is provided for the salmon recovery office staff
to support local salmon recovery planning efforts. $232,500 of the
general fund--federal appropriation in this subsection may be expended
in each fiscal year of the biennium only if the state receives greater
than $25,000,000 from the federal government for salmon recovery
activities in that fiscal year. Funds authorized for expenditure in
fiscal year 2000 may be expended in fiscal year 2001.
(({- (3) $62,000 of the fiscal year 2000 general fund--state
12 of 17
6/18/9911:08 AM
...,..-" .... ".<vð. ..a'ðu" ..u~ uwuu,," <JJrUVI ~,-"" oJ oJ U-oJoJ'OI oJ..J"..J-:.¿._",_vv <..J"""'.LA'
appropriation and $63,000 of the fiscal year 2001 general fund--state
appropriation are provided solely to implement Second Substitute Senate
Bill No. 5595 or Engrossed Substitute House Bill No. 2079, establishing
the salmon recovery funding board in the office of the governor. If
legislation establishing the board is not enacted by June 30, 1999, the
amounts provided in this subsection shall lapse. -}»
*Sec. 19 was vetoed. See message at end of chapter.
*Sec. 20. 1999 c 309 s 129 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund--State Appropriation (FY 2000) . . . .
General Fund--Federal Appropriation. . . . .
General Fund--Private/Local Appropriation. .
TOTAL APPROPRIATION. . . . . . . . . . .
. . . . .$ «{- 12,791,000 -}»
{+ 12,716,000 +}
General Fund--State Appropriation (FY 2001) . . . . . . . . .$ «{- 11,855,000 -}»
{+ 11,780,000 +}
. . . . .$ 23,340,000
. .$ 500,000
. . .$ «{- 48,486,000 -}»
{+ 48,336,000 +}
The appropriations in this section are subject to the following
conditions and limitations:
(1) $50,000 of the general fund--state appropriation for fiscal
year 2000 is provided solely to evaluate and promote the use by state
and local agencies of the training facilities at the Hanford
reservation.
(2) Funding in this section provides for a feasibility study to
collect Washington enrollment data on distance learning programs
sponsored by in-state and out-of-state private institutions in
cooperation with the higher education coordinating board and the state
board for community and technical colleges. Findings shall be
submitted to the appropriate committees of the legislature by January
2000.
(3) «{- $75,000 of the fiscal year 2000 general fund--state
appropriation and $75,000 of the fiscal year 2001 general fund--state
appropriation are provided solely to track and administer state and
federal funding for salmon recovery allocated by the salmon recovery
funding board established under Second Substitute Senate Bill No. 5595
or Engrossed Substitute House Bill No. 2079.
(4) -») The office of financial management, in collaboration with
the institutions of higher education, the higher education coordinating
board, and the state board for community and technical colleges, shall
modify state information systems in order to provide consistent data on
students engaged in distance learning. Higher education institutions
shall provide enrollment information in support of this effort.
Reporting on the numbers and categories of students enrolled in
distance learning by class level and institutions shall begin by fall
term, 2000. Washington independent institutions of higher education
are encouraged to participate in this process and to provide distance
learner enrollment data.
«{- (5) -») {+ (4) +} $1,000,000 of the general fund--state
appropriation and $500,000 of the general fund--private/local
appropriation are provided solely for the commission on early learning.
One-half of the amount provided from the general fund--state shall not
be expended unless matched by an equal amount from private sources.
*Sec. 20 was vetoed. See message at end of chapter.
Sec. 21-
follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
{+ General Fund--State Appropriation (FY 2000). . . . . .
General Fund--State Appropriation (FY 2001) . . . . . . . . . . . .$
Firearms Range Account--State Appropriation. . . . . . . . . . . .$
Recreation Resources Account--State Appropriation. . . . . . . . .$
Recreation Resources Account--Federal Appropriation . .$
1999 c 309 s 304 (uncodified) is amended to read as
. .$ 137,000
138,000 +}
34,000
2,370,000
11,000
13 of 17
6/18/9911:08 AM
...."." .... ""~e;' ..u.e;v., "uv. v.~..v~ .¿" vv, ~~u_._, VV' v v,v" vv'v --~'- vv.v .", .v..
NOVA Program Account--State Appropriation. . . . . . . . . . . . .$ 604,000
TOTAL APPROPRIATION................ .$«{-3,O19,OOO-
{+ 3,294,000
The appropriations in this section are subject to the following
condition and limitation: $137,000 of the fiscal year 2000 general
fund--state appropriation and $138,000 of the fiscal year 2001 general
fund--state appropriation are provided solely to implement Second
Substitute Senate Bill No. 5595 or Engrossed Substitute House Bill No.
2079 (salmon recovery). If legislation establishing the board is not
enacted by June 30, 1999, the amounts provided in this subsection shall
lapse. +}
*{+ NEW SECTION. +} Sec. 22. FOR THE INTERAGENCY COMMITTEE FOR
OUTDOOR RECREATION
Salmon Recovery Grants Program (00-2-001)
The appropriations in this section are subject to the following
conditions and limitations:
(1) The entire $119,928,000 appropriation is provided solely to the
salmon recovery funding board to provide grants to local governments,
state agencies, tribes, conservation districts, private landowners, and
nonprofit entities for salmon recovery activities pursuant to chapter
(House Bill No. 2079), Laws of 1999 sp. sess. or chapter. . .
(Senate Bill No. 5595), Laws of 1999 sp. sess. If neither chapter
(House Bill No. 2079), Laws of 1999 sp. sess. nor chapter. . .
(Senate Bill No. 5595), Laws of 1999 are enacted by June 30, 1999, the
amount provided in this section shall lapse.
(2) Up to $19,650,000 of the general fund--federal appropriation is
provided for grants to local governments for salmon recovery in
accordance with a grant from the department of interior, United States
fish and wildlife service received in December 1998.
(3) $6,200,000 of the state building construction account,
$14,380,000 of the salmon recovery account, and $55,238,000 of the
general fund--federal appropriation shall be distributed by the salmon
recovery funding board within the following categories:
(a) A minimum of twenty-four percent shall be provided for fish
passage barrier correction and fish screens to protect fish;
(b) A minimum of thirty-eight percent shall be provided for habitat
projects;
(c) A minimum of thirty-eight percent shall be provided to purchase
riparian easements to restore and to protect environmentally sensitive
land in riparian areas to protect water quality and improve salmon and
steelhead habitat. The salmon recovery funding board shall adopt rules
for the implementation of this subsection consistent with the
requirements of the conservation reserve enhancement program, except
the eligibility is not limited to agricultural lands and contracts may
exceed fifteen years in duration. It is the intent of the legislature
that this appropriation will be used primarily for landowners that do
not qualify for the federal conservation reserve enhancement program.
The appropriation in this subsection shall not be used for fee simple
land acquisition.
(4) $9,930,000 of the salmon recovery account appropriation is
provided solely for planning and engineering activities. The
appropriation in this subsection shall be distributed as follows:
(a) $2,100,000 shall be available for grants to cities and counties
for the protection of critical areas using nonregulatory programs;
(b) $500,000 for the southwest Washington salmon recovery region;
(c) $1,500,000 for the people for salmon nonprofit organization;
(d) $830,000 for conservation district activities to implement the
puget Sound plan;
(e) $1,000,000 for monitoring salmon restoration projects and
activities;
(f) $400,000 for
the natural resources
technical assistance to landowners to implement
conservation service field office technical guide
14 ofl?
6/18/99 11:08 AM
"",--"""""-0"""0"""--"'-'---"".-- --.--.-...-.--.- --..._--- -----------....-..
standards;
(g) $800,000 for the development of stream corridor guidelines for
salmon recovery and habitat restoration;
(h) $1,100,000 for contracted engineering services for habitat
projects; and
(i) $1,700,000 for salmonid screening, habitat enhancement, and
restoration program.
(5) $6,530,000 of the salmon recovery account and up to $8,000,000
the general fund--federal appropriation is provided for salmon recovery
efforts. The appropriation in this subsection shall be distributed as
follows:
(a) $50,000 of the salmon recovery account is for developing
selective harvesting techniques and equipment;
(b) $150,000 of the salmon recovery account is for developing and
implementing methods for reducing the by-catch of salmon and other
endangered or threatened species;
(c) $6,330,000 of the salmon recovery account is for the jobs for
the environment program; and
(d) Up to $8,000,000 of the general fund--federal appropriation is
for commercial license buy-back.
(i) If federal grants for salmon recovery efforts are equal to or
less than $50,000,000 during the 1999-01 fiscal biennium, then
$4,000,000 may be expended for the purpose of this subsection.
(ii) If federal grants for salmon recovery efforts are more than
$50,000,000 during the 1999-01 fiscal biennium, then up to $8,000,000
may be expended for the purposes of this subsection.
(iii) The amount in this subsection is provided solely to buy back
commercial licenses for Washington-based commercial salmon fishers who
fish in Washington or Alaska and who directly target or incidentally
catch a threatened or endangered salmon species. Any expenditure from
the amount in this subsection used in connection with a license buy-
back program in another state must be matched by an equal amount of
non-Washington state sources. Washington-based Alaska trollers'
licenses may be bought back only if the state or states buying the
license affirms that at least seventy-five percent of the seller's
historic catch is allowed to pass through Alaskan waters. The amount
in this subsection may also be used as grants for programs that combine
license buy-back with programs that facilitate the funding of a
conversion to selective fishing methods.
(6) A final list of projects funded with appropriations from this
section shall be submitted to the office of financial management and
the legislature by June 30th of each year.
Appropriation:
General Fund--Federal. . . . . . . . . . . . .
state Building Construction Account--
State..... .............$
Salmon Recovery Account. . . . . . . . . . . . . . . . .$
. .$
Subtotal Appropriation. . . . . . .
. . . $
. . . . . . $
. . . . . $
Prior Biennia (Expenditures) . .
Future Biennia (Projected Costs) . . . .
TOTAL.....................$
*Sec. 22 was partially vetoed. See message at end of chapter.
{+ NEW SECTION. +} Sec. 23. RCW 75.46.130 (Appropriated funds)
and 1998 c 246 s 17 are each repealed.
{+ NEW SECTION. +} Sec. 24. If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to o~her
persons or circumstances is not affected.
15 ofl?
82,888,000
6,200,000
30,840,000
-------------
119,928,000
0
0
-------------
119,928,000
6/18/99 11:08 AM
UllpJ/ WWW.I.,~.wa.~uv/ PUOlOUlill1U1 i:l:l:l-VV/S<:IUi~').) /.)-.).):I:I/.).):I.)-,u - SI- vo i.) !:I:I~.IJÜ
{+ NEW SECTION. +} Sec. 25. This act is necessary for the
immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and takes effect July 1, 1999.
Passed the Senate May 19, 1999.
Passed the House May 18, 1999.
Approved by the Governor June 11, 1999, with the exception of
certain items that were vetoed.
Filed in Office of Secretary of State June 11, 1999.
Note:
Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to sections 2, 7,
19, 20, 22(3), 22(4), and 22(5), Second Engrossed Second Substitute
Senate Bill No. 5595 entitled:
"AN ACT Relating to salmon recovery funding;"
Second Engrossed Second Substitute Senate Bill No. 5595 establishes
a Salmon Recovery Funding Board (Board) to oversee $119,928,000 in
state and federal money dedicated to salmon recovery. The primary
purposes of this legislation are to promote public oversight of funding
for salmon recovery and to provide a coordinated state funding process.
Taxpayers, the federal government, and the Legislature demand and
deserve greater accountability for the large sums of money we currently
spend and will spend in the future on salmon recovery activities in our
state. The Legislature has chosen to create the Board to oversee the
selection of science-based salmon recovery projects and to make certain
that the taxpayers' money is wisely spent. clearly, the best projects
are those that will bring back or protect the most fish.
A strong Board consisting of knowledgeable and concerned citizens
from across our state is essential to the success of our statewide
efforts to restore salmon runs. This legislation appropriately endows
the Board with the broad powers necessary to oversee allocation of the
salmon funding and to ensure that projects get done on time, stay
within budget and achieve results for salmon.
In section 22 of this bill, however, the Legislature would have
defeated the purpose of the Board by taking away its real authority and
responsibility. Section 22 would have specifically allocated every
single dollar of the salmon recovery money. Such allocation is
contrary to giving the Board the responsibility to approve and finance
those projects that will have the largest beneficial impact. This
detailed itemization of appropriations and projects makes it almost
superfluous to have a Board. It is our responsibility to make certain
that there is strict accountability for the chosen projects and the -
money spent on them. Only a strong Board, with the authority and
discretion, can do this. Further, after personally consulting with
members of our congressional delegation - from both parties - I am
convinced that our receipt of federal funds to restore salmon in our
state would be placed in serious jeopardy without these vetoes.
Members of our congressional delegation and local groups committed to
salmon recovery have great expressed concern about our ability to have
an effective salmon recovery plan if every dollar is pre-allocated.
For these reasons, I am compelled to veto several sections of
2E2SSB 5595 as follows:
Section 2 of the bill would have added new, important and necessary
definitions to the salmon recovery statutes. However, one change would
have prohibited funding updates related to the Growth Managem~nt Act,
which are necessary components of salmon recovery and should not be
excluded from funding.
16 of 17
6/18/99 11:08 AM
fillP:/IWWW,"'g.W>l.guv/puUlUlIIIIUU/l:7:7:7-VV/scua"".).) /.)-.).):7:7/.).):7.)-S¿_SI- VU1.) 1:7:7:7.'-"1
section 7 of the bill would create a Technical Review Team (Team)
to establish funding criteria and policies, and to review requests for
funding grants on behalf of the Board. Under section 7, the Team would
be appointed by the Director of the Department of Fish and Wildlife and
be staffed by that department. However, the Board is staffed by the
Interagency Committee for Outdoor Recreation (lAC), and the lAC is to
administer contracts approved by the Board. The Team would be a new
scientific review group when we already have at least two other salmon
recovery science entities. I agree that the function of the Team is
essential to the success of salmon recovery projects, and that we
should fully utilize the scientific and other expertise in the
Department of Fish and Wildlife. But the scientific review and all
other parts of our salmon recovery need to be part of a unified
structure. Accordingly, I am requesting the director of the IAC, in
consultation with the Director of the Department of Fish and Wildlife
and the chair of the Board, to examine all of the various scientific
and technical review groups, with the goal of recommending a
comprehensive streamlined mechanism to handle the scientific aspects of
salmon recovery. Additionally, I request a recommendation of an
appropriate project review structure within the IAC and a report back
to me on both tasks by July 15, 1999.
Sections 19 and 20 of this legislation would have removed funding
for the Governor's Office and the Office of Financial Management
related to the implementation of this act. My office and OFM have
fundamental responsibilities related to salmon recovery and,
accordingly, I have vetoed these sections to retain their funding.
section 22 of the bill would provide a full and detailed allocation
of how each of the $119,928,000 in state and federal funding for salmon
recovery is to be spent. Many of the projects are worthwhile and I
will request that the Board consider and give appropriate deference to
the allocation provisions in section 22. However, we must preserve the
Board's authority to make fundamental decisions about how state and
federal salmon recovery money is to be spent, to ensure the recovery
and preservation of our wild salmon.
For these reasons, I have vetoed sections 2, 7, 19, 20, 22(3),
22(4), and 22(5) of Second Engrossed Second Substitute Senate Bill No.
5595.
With the exception of sections 2, 7, 19, 20, 22(3), 22(4), and
22(5), Second Engrossed Second Substitute Senate Bill No. 5595 is
approved."
17of17
6/18/9911:08 AM
June 2. 1999
King County Executive
RON SIMS}
~-
The Honorable Ron Gintz
Mayor, City of Federal Way
33530 First Way South
Federal Way. W A 98003-6210
~E::c~
J(J1j 0 l'Vl!::/J
cf/y"ÇY Cl.E;þ 1999
o¡:: F. liks
:¡;DJ::¡{lf¡::lc~
W-1..
RE: Letter of Support for King County to Seek Salmon Habitat Funding
Dear Mayor Gintz:
During its special session last month, the state legislature passed SB 5595, which amends
state law concerning the distribution of funding for salmon habitat projects. "Lead
Entities". if they have letters of support from all cities, counties and tribes in a Water
Resource Inventory Area (WRIA), may apply to a newly created Salmon Recovery
Funding Board for funding for habitat projects in that WRIA. The City of Federal Way is
in the Green/Duwamish WRIA (which includes the wate~sheds of the Green and
Duwamish RivJ~rs and areas a10ng Puget Sound from the middle of Elliott Bay to Federal
Way and Vashòn Island).
King County wishes to receive your support to serve as "Lead Entity" for this WRIA.
This is a purely administrative role. Without it, however, the WRIA will not be eligible
to receive state funds (including federal funds passed through the state) for habitat
preservation and restoration to respond to listings under the Endangered Species Act
(ESA). A draft letter of support is enclosed.
Under the same state law, a multi-stakeholder group must develop the prioritized list of
habitat projects that King County would submit for the WRIA. The Green/Duwamish
WRIA Steering Committee, which I have appointed to develop a salmon conservation
plan to respond to listings under the ESA, meets the criteria of the law and will develop
this list. in cooperation with your and other jurisdictions in the WRIA and the
Green/Duwamish and Central Puget Sound Watershed Forums.
On May 27, 1999. the Watershed Staff Committee, which is comprised of staff from the
cities throughout the Green/Duwamish Watershed. embraced King County as the "Lead
Entity." The Steering Committee will discuss this issue at its June 10, 1999. meeting.
This role would be consistent with the role that the County is already playing in the
WRIA under the Tri-County response to ESA.
Œ é( ~e
Œrx¡ /. £-~ C~ff1
P tJ [J}v
KING COUNTY COURTHOUSE 516 THIRD AVENUE, ROOM 400 SEATTLE, \VA 98104-3271
(206) 2%-4040 296-0194 FAX 296-0200 'I'D!) E-mail: ron.sims@metrokc.gov
~" King County is an Equal Opportunity/Affirmative Action Employer and complies with the Americans with Disabilities Act .:\':,
.
The Honorable Ron Gintz
June 2. 1999
Page 2
The deadline to apply for assistance in developing the habitat project list for the WRIA is
June 14, 1999. I hope that you can mail a letter of support (similar to the one enclosed)
to me by June 9. I apologize for the short turn-around time, but if we do not meet this
deadline, the WRIA will be ineligible for funds to develop this list, significantly
hampering King County's ability to provide this regional service.
If you have questions about this letter, please contact Doug Ostennan, Watershed
Coordinator for the GreenlDuwamish WRI~ by phone, at (206) 296-8069, or via e-mail.
at doug.ostennan@metrokc.gov. Thank you for your timely attention to this request.
Sincerely,
~
King County Executive
Enclosure
I
cc:
Nancy Hansen, Manager, Water and Land Resources Division (WLRD),
King County Department of Natural Resources (DNR)
Doug Ostennan, GreenlDuwamish WRIA Coordinator, WLRD. DNR
June 9. 1999
The Honorable Ron Sims
King County Executive
516 Third Avenue, Room 400
Seattle, W A 98104
Dear Executive Sims:
The City of Federal Way is in the GreenlDuwamish Water Resource Inventory Area
(WRIA) and supports the designation of King County as "Lead Entity" for the
GreenlDuwamish WRlA under RCW 75.46.060. for purposes of submitting a prioritized
list to the state for funding of{;almon habitat projects in the WRIA. We understand that.
under the same-RCW, the GreenlDuwamish WRIA Steering Committee is responsible for
developing the list. We look forward to working with the Steering Committee in the
salmon recovery funding effort.
Thank: you for accepting this important regional responsibility.
Sincerely.
Mayor
City of Federal Way
ST AFF REPORT TO THE
CITY OF FEDERAL WAY
PLANNING COMMISSION
Date:
June 2, 1999
Applicant:
City of Federal Way
Proposed Action:
Amend the Sign Article of the Federal Way City Code to Address Missing
or Limited Definitions and Clarify Selected Issues
Staff
Representative:
Martin Nordby, Code Compliance Officer
Staff
Recommendation:
Amend Code as Outlined by Staff Recommendation
I.
INTRODUCTION
This staff report covers several proposed amendments to the sign regulations in the zoning
chapter of the Federal Way City Code (FWCC). A total of24 specific issues have been
identified and proposed for amendment, most deal with the addition of definitions for terms
used in the existing code that are not defined, or the existing definitions lack clarity thus
making interpretation difficult and necessary. Some changes reflect experience with the
code and are recommended to improve the code to accommodate issues not anticipated
when the code was initially written. SEP A review is not required for these amendments.
II. BACKGROUND
The current sign code was adopted by the City Council in June of 1995 after more than a
year of work involving a citizen's advisory committee plus several months of Planning
Commission hearings and debate. The City Council also spent a considerable amount of
time making changes to the draft code and debating the merits of many aspects of the
amendment. However, as with any regulation, especially one so complex and with such a
significant impact on the business community, not every issue or affect can be anticipated.
When the city of Federal Way incorporated in 1990, the City Council adopted zoning
regulations patterned after those in Kirkland. This included sign regulation. It was apparent
after a short period of time these standards did not reflect the retail and business character of
Federal Way, so development of a revised or new code was authorized. The intent was to
provide for signage more appropriate to Federal Way's needs, yet maintain control over
significant issues related to design aesthetics and sign clutter.
The current code significantly increased permitted sign area for both building mounted and
freestanding signs over the original code. It also established provisions (High Profile
standards) for large retail developments such as Pavilions Centre and SeaTac Mall. The
original code made no accommodation for larger retail developments. The new code also
placed greater controls on temporary signs and emphasized strong enforcement. In essence,
the new code was developed virtually from scratch. Little of the original code remained in
the new ordinance.
Many of the proposed amendments are simply to add definitions for terms that were not
included in the 1995 code revision. Other revisions are needed to deal with rulings by made
by the Federal Way Hearing Examiner or to clarify terms or standards that have required
interpretation by the Director of Community Development Services and deal with specific
issues identified by the City Council.
Below is a review of several of the proposed amendments identified by staff and revised by
the Land Use and Transportation Committee (LUTC). Those issues that are essentially
straight forward, such as missing basic definitions or missing references to process and
procedures changed by separate amendments (i.e., updating of the review and public
hearings processes), are included in the draft amendment without additional discussion in
this report. However, items involving more complex issues or needing additional
explanation are detailed below. A summary of all changes is included for your reference.
Pump Topper Signs
The Federal Way Hearing Examiner ruled in a civil citation appeal that pump topper signs
had to be permitted as a point of purchase sign. Currently, the code does not define a "pump
topper," nor does it have standards as to size and number. Until this ruling these types of
signs had not been permitted. The Examiner's ruling limited the message on the sign to
something related to the product (e.g., the gasoline) or its related purchase (e.g., paying with
a credit card or A TM at the pump) and did not cover other items not available for purchase
at the pump.
Staff are recommending size and number limits on these signs be added to the code. An
August 4, 1998, interpretation by the department director limits the size of such signs to no
greater than two square feet and no more than one per point of purchase. This interpretation
has been used as the standard for the amendment. See Exhibit C, page 6, number 61, and
page 11,point of purchase displays, number (s).
Staff Report
Page 2
Sign Regulations
Normal Maintenance
Sign permits are required for any work on signs except maintenance. The question has arisen
whether sign permits should be required for panel changes in existing signs that are not
otherwise being modified. The code language for "Normal maintenance - signs" is in the
regular zoning definitions section (FWCC Section 22-1) and was added after adoption of the
revised sign code in 1995. In the revised sign code is also a definition of "maintenance."
These definitions differ in their specificity. To resolve this issue, the definition of "Normal
Maintenance - signs" in FWCC Section 22-1 can be removed and the definition for
"maintenance" in the sign section amended to include a change in the sign panel as a
maintenance issue not requiring a permit. See Exhibit C, page 5, number 47.
In addition, a number of other sign related definitions from the original 1990 code remained
in Section 22-1. These duplicate definitions have been deleted to avoid conflict with the
newer definitions and keep all sign related terms with that section ofthe code. Terms not
included or missing from the new code have been transferred to the definitions section of the
sign code found at Section 22-1597. See Exhibit A.
Subdivision Signs
This issue was brought to the L UTC' s attention in 1997. Council gave direction at the time
to make some changes to the code that would make more subdivision signs conforming. In
many cases there is no longer an active homeowners association or architectural control
committee with whom the city can deal with in resolving potential nonconformances. This
also complicates compliance for these signs.
Council direction on code changes for subdivision signs has been incorporated into this
proposed amendment. The desired result will be to bring as many of these signs into
conformance as is reasonably possible. This amendment proposes to increase the aggregate
permitted area for subdivision signs and add pedestal, pylon, and pole signs to the permitted
type. The maximum permitted height would remain the same. Subdivision signs would also be
permitted to be located on a fence or architectural feature, and would be excluded from
setback requirements, except for sight distance requirements. See Exhibit C, Table 2, page 15.
Special Sales and Promotional Events
The original sign code allowed building mounted special sale and promotional banners for
120 days per calendar year. Permit approval was not required. No sign was to be up for any
longer than 30 days. Without a method by which the city could monitor what signs had gone
up at what time it was difficult to determine how long anyone sign had been erected. The
1995 code revision added permit requirements for most temporary signs, including sale and
promotional signs, and shortened the time from 120 days to 30 days per year. Section 22-
1600, Table 1, limits special sales and promotional signs to 30 days within a calendar year.
The requirement for a temporary sign permit has simplified monitoring of promotional
signs, reduced clutter, and ensured that banners which have been up longer than 30 days, or
Staff Report
Page 3
Sign Regulations
shorter if the permit was for a shorter time period, are removed. However, the extreme
reduction in time has also elicited considerable comment from the retail business
community who want more opportunities during the year to advertise special events or
promotions.
The proposal is to extend the 30 day per year allowance to 90 days. This remains less than
the original allowance of 120 days per year. No one business, however, would be permitted
more than four permits per year regardless of whether the total length of time used added up
to 90 days. See Exhibit C, Table 1, page 14.
Daycares in Residential Zones
Daycares do not have sign provisions when located in residential zones, though they are an
allowed use. Using a December 19, 1998, interpretation issued by the department director,
sign provisions for daycares have been added to Table 2. Table 2 covers sign requirements
for uses located in residential zones. These provisions apply only to commercial daycares, or
daycares attached to a church or synagogue, and do not apply to class II home occupation
(e.g., in-home daycare). See Exhibit C, Table 2, page 16.
Building Mounted Signs
A multi-tenant complex can choose not to display a freestanding sign. The code permits a
center identification sign (CID) to be a wall mounted sign but does not include any size or
number limits. The amendment recommends an additional wall mounted sign of seven
percent of the exposed building face be permitted in addition to any permitted individual
tenant signs. The building mounted CID sign would be limited to a maximum of 240 square
feet. See Exhibit C, page 21, number 3.
Landscaping
Landscaping has been required around freestanding or ground mounted signs since 1990.
The wordil}g in the original sign code is virtually identical to that used in the 1995 sign code
revision (Section 22-l602[E]). The most significant change is a limitation to the total
amount of landscaped area required. The original code did not set a maximum required
landscaped area. However, the type of vegetation to be used has not been defined, nor are
there requirements that it be maintained.
Landscaping requirements not only serve an aesthetic purpose but also improve safety,
especially in those situations where no other landscaping exists in the area of the sign. A
landscaped area around a sign can reduce the possibility that during a vehicle accident the
vehicle will hit the sign structure.
Staff are recommending language be included in Section 22-1602(E) that identifies the
general types of vegetation recommended and establishes a performance standard for the
first two years for maintenance and growth. See Exhibit C, page 24, number E.
Staff Report
Page 4
Sign Regulations
Sign Area Transfer
Section 22-1601 (B)( 4) permits signs to be transferred from one wall to another. However,
the aggregate sign area for that wall cannot exceed the allotted maximum. The proposed
amendment more specifically reiterates this limitation. See Exhibit C, page 21, number 4.
Community Service Event or Civic Event
Historically, these events have been narrowly defined to include mostly annual events such
as Family Fest, Salmon Bake, or Bite of Federal Way, etc. This has excluded other regular
cultural events such as theater productions and musical concerts. The proposed amendment
broadens the definition for this type of event to specifically include charity and cultural
gatherings. A standard for sign size and number have also been added to reduce the need for
staff to evaluate applications and make judgements on a case-by-case basis. See Exhibit C,
Table 1, page 14.
III. CONCLUSION
Forward the,proposed amendments as presented to the City Council for consideration.
IV. EXHIBITS
Exhibit A
Exhibit B
Exhibit C
FWCC 22-1, Definitions
FWCC 22-335, Nonconforming Signs
FWCC Chapter 22, Article XVII, Signs
I: \DOCUMENnSI GNREGS\AMNDRPT2. WPD
Staff Report
Page 5
Sign Regulations
SIGN CODE AMENDMENTS - PROPOSED
1. PUMP TOPPER SIGNS
Staff recommendation- Size limits and number limits should be added to the code.
2. NORMAL MAINTENANCE
Staff recommendation- Sign permits should not be required when the size and structure are not
changing in a panel sign either on a building or freestanding.
Land Use Committee asked that "change of color" be raised as an issue for maintenance.
3. SIGN PERMIT EXPIRATION
Staff recommendation- One year after permit is ready to issue, it expires with ability to ask for
one six month extension (to be consistent with other types of building permits). Also the permit
will expire once it is applied for if the city requests more information and the applicant does not
respond within 6 months.
4. GOVERNMENT SIGNS
Staff recommendation- This section of the code should be revised. Whether a permit is required
is only one ofthe issues. Staff should not have discretion for content as long as it only identifies
the facility and it's events, but government signs should be comparable to other signs allowed in
that particular zoning district.
Land Use Committee asked to make sure city entry signs were allowed somewhere in the Code.
5. DEFINITIONS
Staff recommendation- Add definitions to help permit processing and code enforcement.
6. CONSTRUCTION STANDARDS
Staff recommendation- Make definitions consistent with construction standards.
7. BALLOONS
Staff recommendation- No more than two displays per site.
8. CONSTRUCTION SIGNS
1) Staff recommendation- No change. Having the sign up during the construction phase should
be adequate time to advertise a new business before it actually opens.
2) Staff recommendation- Allow "coming soon" or "open during construction" only after
building permits are obtained.
9. DIRECTIONAL SIGNS
Staff recommendation- Add height and number requirements to code.
10. FINAL INSPECTION PROCESS
Staff recommendation- Staff needs to inspect the sign to ensure it was constructed according to
plans. Code language to formalize the process is needed.
11. SUBDIVISION SIGNS
Staff recommendation- The Council direction on code changes for subdivision signs needs to be
incorporated.
12. MENU BOARDS
Staff recommendation- Add a definition and criteria for size, number and location.
13. Fix typo in section 22-1599 (skips d)
14. PROHIBITED SIGNS
Staff recommendation- List off-site signs as prohibited with appropriate exceptions.
15. SPECIAL SALES
Staff recommendation- Signs outside of the permitted signs should be kept to a minimum in
order to reduce sign clutter. Allow special promotions for 60 days total a year, no more than 4
times per year.
16. MULTI-FAMILY USES IN RESIDENTIAL ZONES
Staff recommendation- Amend Table 2 to allow signs for existing multi-family uses in single
family zones.
17. RECREATION CLUBHOUSE OR AREA
Staff recommendation- No change. Clubhouses and recreation areas are intended for the use of
the residents within that complex or subdivision, not for the general public. If the general public
were to be use these facilities on an on-going basis, the requirements for parking, pedestrian
amenities, etc. would be more stringent.
18. DA YCARES IN RESIDENTIAL ZONES
Staff recommendation- Add the same provisions we currently have for churches and if the
daycare is within a church, add a provision for an additional 20 square feet.
19. LOW PROFILE COMBINED SIGN PACKAGE
Staff recommendation- When the code was changed last year, the process for reviewing
combined sign packages was not changed to reflect the new processes. It should be process 3.
20. BUILDING MOUNTED SIGNS
Staff recommendation- Allow additional building mounted signs of up to 7% of the building face
and not to exceed 240 square feet.
21. LANDSCAPING
Staff recommendation- Landscaping vegetation shall consist of ground cover that within 2 years
time shall cover 90%,etc.
22. EXEMPTION FROM AMORTIZATION
Staff recommendation- The old process 1 required public notice. Since the criteria for granting
exemption is straightforward. it makes sense to have an administrative process that is appealable
to the Hearing Examiner.
23. SIGN AREA TRANSFER
Staff recommendation- Clarify.
24. COMMUNITY SERVICE EVENT OR CIVIC EVENT
Staff recommendation- Broaden the interpretation of when these type of signs can be used, but
add better criteria in the definition and in the numbers, etc.
CITY OF FEDERAL WAY
MEMORANDUM
June 28, 1999
TO:
Land Use/Transportation Committee (LUTe)
FROM:
Stephen Clifton, AICP, Director of Community Development Services
Martin Nordby, CCEO, Code Compliance Officer
Betty Cruz, Code Compliance Officer
SUBJECT:
Sign Code Amendments
I.
BACKGROUND
The Federal Way City Council adopted an extensively revised sign code in June of 1995. At that
time it was noted that because of the extent ofthe changes, limited amendments may be required
in the future to address issues unforseen at the time of its adoption. A list of potential
amendments were brought to the Land Use and Transportation Committee (LUTC) for
consideration on May 3, 1999. This list included items Council wished be addressed, concerns
and requests from the business community and the public. and staff recommended changes as a
result of implementing the code.
The LUTC directed staff to proceed to the Planning Commission with a revised list for their
review and consideration. The proposed amendments correct conflicts within the code, clarify
several existing definitions, add a number of missing definitions, and address other issues.
Among the listed amendments were inclusion of several terms needing definition and
clarification of existing terms. In reviewing all sign related definitions in FWCC 22-1597, it was
noted several sign-exclusive terms remained in the general zoning definitions within FWCC 22-
I. These have been deleted from FWCC 22-1 and either moved to FWCC 22-1597 or eliminated
where duplication or conflicts exist with definitions of the 1995 adopted sign code.
II.
REASON FOR COUNCIL ACTION
Pursuant to city code, any amendment to the zoning code text must be approved by the City
Council based on a recommendation from the Planning Commission.
III.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the list of potential amendments and made
recommendations to staff for each proposal. Of note in the Commission's deliberation was
discussion concerning freestanding sign landscaping requirements. Staff recommended more
specific standards be included in the existing landscaping requirements. The Commission
debated a number of different positions on this issue including whether landscaping should even
be required. By a 3 to 2 margin the Commission voted to accept the staff recommendation as
proposed.
IV.
PROCEDURAL SUMMARY
May 3, 1999
LUTC Meeting - Refine list of proposed amendments.
May 19. 1999 Planning Commission - Work session to review amendment list.
June 2, 1999
Planning Commission - Public Hearing.
June 14, 1999 Planning Commission - Public Hearing closed - DeliberationlRecommendation.
V.
DECISIONAL CRITERIA
Sec. 22-523. Zoning Text Amendment Criteria
The city may amend the text of Chapter 22- Zoning only if it finds that:
(1)
The proposed amendment is consistent with the applicable provisions of the
comprehensive plan;
The proposed amendment complies with language in Chapter 1. The introduction states
that implementation of the plan requires the "modifying. and/or replacing of existing
regulations" to meet the goals of the plan.
(2)
The proposed amendment bears a substantial relation to public health, safety and
welfare;
The amendments to the sign code are proposed to provide better direction to city staff
and the public in implementing and enforcing code requirements.
and
(3)
The proposed amendment is in the best interest of the residents of the city.
The proposed amendment will result in better enforcement and implementation.
VI.
COUNCIL ACTION
Pursuant to FWCC, Section 22-537(c), after consideration ofthe planning commission report
and, at its discretion, holding its own public hearing, the city council shall by majority vote of its
total membership take the following action:
1.
Approve the proposal by ordinance;
2.
Modify and approve the proposal by ordinance;
3.
Disapprove the proposal by resolution; or
2
Exhibits
Exhibit A
Exhibit B
4.
Refer the proposal back to the planning commission for further proceedings. If this
occurs. the city council shall specify the time within which the planning commission
shall report back to the city council on the proposal.
June 2, 1999 Planning Staff Report and Exhibits
LUTC Sign Code Amendments - Summary List
1:\SGNAMEND\PCRECMEM/June 28, 1999
3
Exhibit A
Federal Way City Code
Sec. 22-1. Definitions.
ARTICLE I. IN GENERAL
Sec. 22-1. 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:
Abandoned shall mean 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 but not be limited to circumstances involving tax forfeiture, bankruptcy, or
mortgage foreclosure.
Accessory shall mean a use, activity, structure or part of a structure which is subordinate and
incidental to the main activity or structure on the subject property.
Accessory dwelling unit (ADU) shall mean either a freestanding detached structure or an attached
part of a structure which is 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.
ADU, attached shall mean an accessory dwelling unit that has one or more vertical and/or
horizontal walls, in common with or attached to, the primary dwelling unit.
ADU, detached shall mean a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
Accessory hardship dwelling unit shall mean an attached ADD which satisfies the criteria set forth
in Section 22-633 of this Code.
Accessory living facility shall mean 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.
Adjoining shall mean property that touches or is directly across a street from the subject property.
F or the purpose of height regulations, any portion of a structure which is more than 100 feet from a low
density zone is not considered to be adjoining that zone.
Adult entertainment activity or use shall mean all ofthe 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:
1.
When less than completely and opaquely covered:
I.
Human genitals or pubic region.
II.
Human buttock.
Ill. 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 ofthe following:
1.
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 perfonnances or other activities include or mimic "specified sexual activities" and
which establishment excludes minors by virtue of age.
Activities and uses defined as adult entertainment activity or use are only pennitted in the zone
where that tenn is specifically listed as an allowable use and only in confonnance to the
requirements as stated for that use.
Agricultural use shall mean any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
Air rights shall mean the right to, in some manner; control the use of the space above the surface of
the ground.
Alluvium shall mean soil deposits transported by surface waters.
Antenna(e} shall mean any system of electromagnetically tuned wires, poles, rods, reflecting discs
or similar devices used to transmit or receive electromagnetic waves between terrestrian and/or orbital
based points, includes, but is not limited to:
(1) Omni-directional (or "whip") antenna(e) transmits and receives radio frequency signals in a
360-degree radial pattern.
-2-
(2) Directional (or "panel") antenna(e) transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
(3) Parabolic antenna(e) (or dish) antenna(e) 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.
Applicant shall mean both of the following, depending on the content:
(1) A person who applies for any permit or approval to do anything governed by this chapter,
which person must be the owner of the subject property, the authorized agent ofthe owner, or
the city.
(2) Any person who is engaging in an activity governed by this chapter or who is the owner of
property subject to this chapter.
Average building elevation shall mean a reference datum on the surface topography of a subject
property from which building height is measured. The reference datum shall be a point no higher than
five feet above the lowest elevation taken at any exterior wall of the structure either prior to any
development activity or at finished grade, whichever is lower, provided the reference datum is equal to or
lower than the highest elevation at any exterior wall of the structure prior to development activity.
Average slope shall mean the average grade of land within each land area representing a distinct
topographical change.
Backfill shall mean material placed into an excavated area, pit, trench or behind a constructed
retaining wall or foundation.
Building shall mean a roofed structure used for or intended for human occupancy.
Building mounted signs shall mean all of the following: wall mounted signs, marquee signs, under
marquee signs and projecting signs.
Bulkhead shall mean a wall or embankment used for retaining earth.
Business college shall mean 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, computers.
Cemetery shall mean 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.
Cen1ef identijiCtftÙJn sign ghall mean a lmilding motlftted gign or grOtlftd mounted gign .vhkh
identifieg the name of a de. dof}ment containing morc than one offiee, retail, in3tit\:ltiofttll or ind\:lgtrial
UgC or tcnttftt and.. hieh docg not identify an)" indi. idual \:lgC or tcfttlnt.
- 3 -
Change of use shall mean a change of use determined to have occurred when it is found that the
general character of the operation has been modified. This determination shall include 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.
C!t(tt1ging nft:JJélge cenff:l shall meaft a sigft. message eeftter 6r similar tfe-¡iee .vhereby altematiftg
ptlblie serviee iftfurmatioft aftd e6mmereial messages are displaycd 6ft the same lamp baftk. .
Church, synagogue or other place of religious worship shall mean 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 shall mean those home businesses that qualify as home occupations under
this zoning chapter, except family child care homes.
Class II home occupation shall mean those family child care homes that qualify under section 22-
1069.
College or university shall mean 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 shall mean the placement and arrangement of multiple providers' antennae and
equipment on a single support structure or equipment pad area.
Commercial recreation facility shall mean 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 shall mean the uses allowed in the commercial zones and not permitted in any
other zones of the city.
Commercial zones shall mean the BN, BC, CC-C and CC-F zoning districts.
Common recreational open space usable for many activities shall mean 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:
- 4-
(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 shall mean 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.
Comprehensive plan shall mean 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.
CðHJtn;tctiðll JigH shall mean a sign '.r¡hieh identifies the arehiteets, engineers, eemtraetms and an)
other persons in. olved Nith the eðfBtrtletiem of a building or me.
Contour line shall mean the interconnection of points having the same height above sea level.
Convalescent center shall mean 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.
Cross section (drawing) shall mean a visual representation of a vertical cut through a structure or
any other three-dimensional form.
Curb cut shall mean 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.
Day care facility shall mean the temporary, nonresidential care of persons in a residence or other
structure on a regular, recurring basis.
Dedication shall mean 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 of the public
uses or purpose to which the property has been devoted.
Development activity shall mean any work, condition or activity which requires a permit or approval
under this chapter or the city's building code.
Development permit shall mean any permit or approval under this chapter or the city's building code
that must be obtained before initiating a use or development activity.
Domestic animal shall mean an animal which can be and is customarily kept or raised in a home or
on a farm.
Domestic violence shelters shall mean 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.
- 5 -
Dredging shall mean removal of earth and other materials from the bottom of a body of water or
watercourse or from a wetland.
Dredging spoils shall mean the earth and other materials removed from the bottom of a body of
water or watercourse or from a wetland by dredging.
Driveway shall mean an area of the subject property designed to provide vehicular access to a
parking area or structure located on the subject property.
Dry land shall mean the area ofthe subject property landward of the high-water line.
Dwelling unit shall mean one or more rooms in a structure or structures, excluding mobile homes,
providing complete. independent living facilities exclusively for one family, including pennanent
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 3 5A.63 .145. There are the following three types of dwelling
units:
(1) Dwelling unit, attached, shall mean 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, shall mean a dwelling unit that is not attached or physically connected
to any other dwelling unit or other use.
(3) Dwelling unit, stacked, shall mean 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.
Easement shall mean 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 subject
property.
E:~ctrictl: sign ghall m~aft a gigft 6r 3Ìgft gtrt1~ttlrt: ift ..hieh ~kdrieal Niriftg, eoftft~~tiðftg aftd/or
fixttlr~g are uged as part 6fthe gigft pfðp~r.
EMF means Electromagnetic Field, which is the field produced by the operation of equipment used
in transmitting and receiving radio frequency signals.
Equipment shelter shall mean the structure associated with a PWSF that is used to house electronic
switching equipment, cooling system and back-up power systems.
Erosion and deposition shall mean the removal of soils and the placement of these removed soils
elsewhere by the natural forces of wind or water.
Essential public facility is any facility or conveyance which has the following attributes:
(1) It is typically difficult to site due to unusual site requirements and/or significant public
opposition;
- 6-
(2) It is necessary component of a system, network or program which provides a public service or
good;
(3) It is owned or operated by a unit of local or state government, private or nonprofit organization
under contract with or receiving government funding, or private firms subject to a public
service obligation;
(4) It meets a general and/or specific category for facility types or individual facilities listed below
in class I and class II essential public facilities.
a.
Class I: 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, and which may include several local jurisdictions or a significant
share of the Puget Sound regional population. Such facilities may include, but are not
limited to, the following:
1.
State or regional education facilities (except minor branch facilities)
a.
Research facilities
b.
University branch campuses
c.
Community college
2.
State or regional transportation facilities
a.
Light and/or standard rail lines
b.
Commuter terminals
c.
Transit centers
d.
Park and ride lots in residential zones
3.
State or regional correctional facilities
4.
Solid waste handling facilities (large scale)
a.
Transfer station
b.
Recycling center
5.
Sewage treatment plants
6.
Power plants
b.
Class II: Facilities of a local nature. Those essential public facilities that are intended to
meet the service needs of the local community. In any cases local facilities are
characterized by providing some type of in-patient care, assistance, or monitoring. Such
facilities may include, but are not limited to the following:
- 7 -
1.
Substance abuse facilities
2.
Mental health facilities
3.
Group homes/special need housing
4.
Local schools
a.
Elementary school
b.
Middle school
c.
High school
5.
Social service transitional housing
a.
Domestic violence shelter
b.
Homeless shelter
c.
Work-release
Excavate or excavation shall mean the mechanical removal of soils and/or underlying strata.
Family shall mean an individual 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,
however, that any limitation on the number of residents resulting from this definition 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 Amendments
Act of 1988.42 V.S.C. 3604(f)(3)(b).
Family child care home shall mean a business regularly providing care during part ofthe 24-hour
day to 12 or fewer children (including the children of the day care provider) in the family abode of the
person or persons under whose direct care the children are placed.
Fast/ood restaurant shall mean an establishment which offers quick food service which is
accomplished through one or more of the following mechanisms:
(I) 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 shall mean a manmade barrier or wall constructed for the purpose of enclosing space or
separating parcels of land. .
- 8 -
Fill material shall mean dirt, structural rock or gravel, broken concrete and similar structural
substances customarily used to raise the level of the ground. but excluding topsoil, bark. ornamental
rocks or gravel placed on the surface of the ground.
Finished grade shall mean the final contour of the land surface prior to landscaping.
Floor shall mean the horizontal surface inside a structure designed and intended for human use and
occupancy.
Fttel price sign shall mt:an a -NaIl meH:lntcð ðr peekstal sign displaying tht: prit:t: of [tit:! for
mðtðrizt:ð -..chidt:s.
Geologically hazardous areas shall mean 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.
(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 present, or which is underlain by mass wastage debris of that epoch.
c.
Any are a 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.
- 9-
(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 cohesion less 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 ten or more feet, a vertical rise of ten 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 ten feet of vertical relief.
Glare shall mean both of the following:
(I) The reflection of harsh, bright light.
(2) The physical effect resulting from high luminances or insufficiently shielded light sources in
the field of view.
Government facility shall mean a use consisting of services and facilities operated by any level of
government, excluding those uses listed separately in this chapter.
Gross floor area shall mean the total square footage of all floors, excluding parking area. in a
structure as measured from either the interior surface of each exterior wall ofthe 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 shall mean 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.
0, ('mud l1rðl:tffted sign shall me:an both pe:de:stal signs and memöment signs.
Group Home Type II shall mean housing for juveniles under the jurisdiction of the criminal justice
system. Such groups include 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 for those selected to participate in state-operated work release and pre-release
programs. The director of community development 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.
Group Homes Type II-A: Maximum number of 12 residents including resident staff.
Group Homes Type II-B: Thirteen 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 Homes 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 Amendments Act of 1988,
42 D.S.c. 3604(f)(3)(b).
- 10-
Group Homes Type III shall mean housing for adults that have been convicted of a violent crime
against a person or property, or 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
individuals are under the jurisdiction of the criminal justice system or 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. Such category does not include full-
time detention facilities.
Hardship shall mean a current or impending health condition which requires a person to live in
close proximity to, and/or share housing with a caregiver.
Hazardous waste shall mean all dangerous and extremely hazardous waste, including substances
composed of radioactive and hazardous components (see RCW ch. 70.105).
Hazardous waste storage shall mean the holding of dangerous waste for a temporary period (see
WAC 173-303-040(85)).
Hazardous waste treatment shall mean the physical, chemical or biological processing of dangerous
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 WAC 173-303-040(97)).
Heat shall mean added energy that causes substances to rise in temperature, fuse, evaporate, expand
or undergo any other related change.
Heavy equipment shall mean high capacity mechanical devices for moving earth or other materials,
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, or other major agricultural equipment, and similar devices operated by mechanical
power as distinguished from manpower.
Height of structure shall mean the vertical distance above the average building elevation measured
to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average
height of the highest gable of a pitched or hipped roof.
High density residential use shall mean attached or stacked dwelling units on a subject property
which contains at least 1,800 square feet of lot area per dwelling unit but not more than 2,399 square feet
of lot area per dwelling unit.
High density residential zones shall mean the following zones: RM 2.4, RM 1.8 and comparable
zones in other jurisdictions.
Home occupation shall mean 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 shall mean 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 shall mean an institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal
- II -
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 shall mean a single building or group of buildings containing individual sleeping
units intended for transient occupancy.
Improvement shall mean any structure or manmade feature.
Industrial use shall mean the uses allowed in the industrial zones and not permitted in any other
zones of the city.
Industrial zones shall mean the BP zoning district.
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14
days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is
unable to move a distance of ten feet on level pavement under its own power.
Institutional uses shall mean the following uses: schools, churches, colleges, hospitals, parks,
governmental facilities and public utilities.
Instrr:tCtimlðl sign shall meafl a sigfl v.hich dcsigflatcs publie iflformatiem such ag, but flðt limited to,
ptlblie restrððms, ptlblie tekphðflcs, exitv.ft)s afld hðtlrS of operatiem.
blfegrtt! sign shall mcafl tl sigfl âÍgpltl) iflg tl btlildiflg date, ftWfltlmeflt dtatiðfl, eðmmemðrati-(e
iflseriptiofl or similar histðrie iflfðffflatiðfl.
Irrevocable license shall mean a written irrevocable permission given by a property owner to the
city for specified purposes.
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, shall mean 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 by
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, shall mean 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.
Junk shall mean old or scrap metal, rope, rags. batteries, paper, rubber, machinery. scrap wood,
debris. trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof.
Junk or junked vehicle shall mean any vehicle substantially meeting at least two of the following
conditions:
(a) 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;
(b) Is apparently inoperable;
(c) Is without a current, valid registration plate.
- 12 -
lunkyard shall mean a property or place of business which is maintained, operated or used for
storing, keeping, buying, selling or salvaging junk.
Kennel shall mean an establishment, generally retail in nature, which houses, cares for, breeds,
raises or sells dogs or cats.
Land surface modification shall mean the clearing or removal of trees, shrubs, ground cover and
other vegetation and all grading, excavation and filling activities.
Landscaping shall mean 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 shall mean toward dry land.
Linear frontage of subject property shall mean 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 shall mean 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 shall mean a parcel of land having fixed boundaries described by reference to a recorded plat;
by reference to metes and bounds; or by reference to section, township and range.
Low density use shall mean a detached dwelling unit on a subject property that contains at least
7,200 square feet.
Low density zone shall mean the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2 and
comparable zones in other jurisdictions.
Major stream shall mean any stream, and the tributaries to any stream, which contains or supports,
or under normal circumstances contains or supports a local or migratory fish population.
Manufactured homes shall mean a factory-built structure transportable in one or more sections
which is built 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).
Marqtiu sign gkall meaft aft). gigft .,okiek femflg part of, or ig ifttt:gratcd iftto, a marqtlcc, eaftop) ðr
anftiftg afta wkiek at)cs ftt)t extcfta kolÍzofttllll) beyofta the limitg ðfguch marqtlee, CaMp) ðr tt'hftiftg.
Maximum lot coverage shall mean 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 section 22-946 et seq. for further details.
Mean sea level shall mean the level ofPuget Sound at zero tide as established by the U.S. Army
Corps of Engineers.
- 13 -
Medium density use shall mean detached, attached or stacked dwelling units on a subject property
which contains at least 3,600 square feet of lot area per dwelling unit but not more than 7,199 square feet
of lot area per dwelling unit.
Medium density zones shall mean the following zones: RS 5.0, RM 3.6 and comparable zones in
other jurisdictions.
Microcell means a wireless communication facility consisting of an antenna that is either: (i) four
feet in height and with an area of not more than 580 square inches; or (ii) 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
which is either (i) four feet in height and with an area of not more than 580 inches; or (ii) if a tubular
antenna, no more than four inches in diameter and no more than six feet in length; 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 shall mean any stream that does not meet the definition of major stream.
.l.!tJm:tmen{ sign shall mean a gr6tlnd m5tlftted sign ..hit:h is attached 15 the grðtlnd by means 6f a
'.vide base 5f s51id appearance and n hieh e6mplies n ith the standards 5f Plate 3.
Moorage facility shall mean a pier, dock. buoy or other structure providing docking or moorage
space for waterborne pleasure craft.
Multiuse complex shall mean 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.
Naturalfeatures shall mean physical characteristics of the subject property that are not manmade.
Natural materials shall mean materials chemically unaltered from their natural state.
Noise shall mean the intensity, duration and character of sound from any and all sources.
Nonconformance shall mean 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 ground cover shall mean gravel, chipped bark or similar nonpolluting material through
which water can freely percolate to the soil beneath.
Normal maintenance shall mean normal maintenance includes interior and exterior repairs and
incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof
repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and
weatherization. Incidental alterations may include construction of nonbearing walls or partitions.
- 14-
l,'ð/ met? metilltwetnet: Sigtl3 ftUl) inelöde, böt is not limited to. replacing light bölbg, painting faded
or peding paint. replaeing smallpieees of a damaged sign. This does 66t inelttde ehange of eolor,
materiah. sign t) pc, size height or text, except f.:or that spceifieall) permitted for a ncv. tcnMl.t change to a
mölti tenant sign.
Nursing home. See "convalescent center."
Occupant shall mean a person that legally occupies a structure or property.
Odor shall mean stimulus affecting the olfactory nerves.
Ojfsife db ectimletl sign shall mean a sign which gi-lcs directions to a btt3Încss or to merchandise,
ser. ice, real estate, goods or entertainment.. hieh are gold, pfodtleed or ftlmished at a plaee .. ithin the
dry other than the property on which the 3Ìgn is located.
Office use shall mean a place of employment providing services other than production, distribution,
sale or repair of goods or commodities. The following 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 shall mean the PO, OP and CP zoning districts.
Official notification boards of the city shall mean 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 shall mean facilities which treat and store
hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel
between two properties divided by a public right-of-way, and owned, operated or controlled by the same
person, shall be considered on-site travel if:
(l) The travel crosses the right-of-way at a perpendicular intersection, or
(2) The right-of-way is controlled by the property owner and is inaccessible to the public (see
WAC 173-303-040(39)).
Open record hearing shall mean 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 shall mean land not covered by buildings, roadways, parking areas or other surfaces
through which water can not percolate into the underlying soils.
Ordinary high-water mark shall mean on lakes, streams and tidal waters, that mark that will be
found by examining the bed, banks or shore and ascertaining where the presence and action of waters are
so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a
- 15 -
character distinct from that of the abutting uplands; provided that any tidal area where the ordinary high-
water mark cannot be found based on the previous text ofthis definition, the ordinary high-water mark
shall be the line of mean high tide.
Outdoor shall mean not contained within a building.
Outdoor storage shall mean any material or item (including vehicles), being stored for or awaiting
sale, lease, processing or repair and not enclosed within a building.
Owner shall mean, 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.
Parking area shall mean any area designed and/or used for parking vehicles.
Parking space shall mean an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use.
Pedesta? sign ghall mean a ground mounted gign '.vhieh eðnformg to the gtandardg of Plate 2.
Person shall mean 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 receiption 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.
Pð?itic(t? sign :5hall mean a gjgn ad. ertigjng a candidate f5r publie offiee, a pelitieal pal"t)' or a
partieu!ftf voting pI defenee.
~°ð1 taMe ðtitd(j(jr sign ghall mean an outdOOf gign that ig not permanentl). attaehed inte the ground
Of a gtfueture.
Preapplication conference shall mean 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 and/or regulations.
Primary dwelling unit shall mean the main structure located on the subject property which is
distinguishable from any accessory dwelling unit because it is greater in total square footage.
Primary vehicular access shall mean the major street from which the majority of vehicles enter the
subject property.
Principal use shall mean the primary or predominant use of any lot or parcel.
P-ri .el~ ad.er{ÍJing sign ghall mean a gign annðtlneÏng a tempOfal'}' e'. ent, u:5e Of eonditiem of
pefgonal eoneern to the gign Ugef :5ueh a:5. but not limited to, "garage gale" Of "153t dog."
- 16-
Private club shall mean 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.
P, ivate nðtice sigll shall meafl. a sigfl. !ifl.fI.ðtlfl.dfl.g a restrietiofl. ôt v.amifl.g regardifl.g the stlbjeet
propcft), stleh ag btlt fI.ot limited to "1'1.0 trespagsifl.g" or "bev/are of dðg."
Private trttffic directiðn sign shall meafl. a sigfl. 61'1. priyate property ".vhich pro. ides ifl.f-ormatiofl. for
. ehicular mo. eft1efl.t .. hile 01'1. that propert).
P, ojating sign shall meafl. a sign, ðther thafl. a .;all moufl.ted or marquee sigfl., ~ hieh is attached to
afl.d prðjeets frðm a struettlre or btlildifl.g f!iee.
Property line shall mean 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 right-of-way which is more
than 21 feet in width, excluding Interstate 5. If the subject property is adjacent to more than
one right-of-way which is more than 21 feet in width, 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. If the subject property is not adjacent to a right-of-way which is
more than 21 feet in width, then the front property line is the property line adjacent or
principally oriented to the street providing primary vehicular access to the subject property, as
determined by the director ofthe department of community development.
(2) The rear property line is any property line that is farthest from, and essentially parallel to, the
front property line.
(3) The side property line is any property line other than a front property line or a rear property
line. .
Public park shall mean a natural or landscaped area, provided by a unit of government, to meet the
active or passive recreational needs of people.
Public utility shall mean 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 shall mean the director of the department of public works of the city.
Rat: e:sfðte, tJffsih: sign, shall meafl. a readil) remð.able sigfl. !ifl.fl.ðtlfl.dfl.g the pre>pðsed sale é)f
rcntal ôf prðperty other than the pwperty tlpðn which the sign is lðeated atld pwviditlg direetiôns tð the
subject property.
Rea: e:SfðtE, ðn sire sign, shall meafl. a sigfl. !ifl.tlðtlndfl.g the sale or refl.tal ðf the property U1'°fl. ".yhieh
the sigfl. is loeated.
- 17 -
Regulated lakes shall mean the following wetlands as shown in the King County Wetlands
Inventory Notebooks, Yolume 3 South:
(1) LowerPugetSound6,7, 12, 15, 16 and 17.
(2) Hylebos 2, 11, 13 and 16.
Regulated wetlands shall mean 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, with the exception of the following areas
shown in the King County Wetlands Inventory Notebook, Yolume 3 South:
(1) Lower Puget Sound Beach;
(2) Lower Puget Sound 1 and 51; and
(3) Areas defined as a regulated lake.
Methodology in the January 1989 Federal Manual for Identifying and Delineating Jurisdictional
Wetlands and subsequent United States Army Corps of Engineers regulatory guidance letters will be
used for regulatory delineations 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.
Relative shaH mean 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 yards shall mean the areas adjacent to and interior from the property lines and high- water
mark of a lot. If two or more required yards are coincidental, the area will be considered the required
yard with the greater dimension. Required yards 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) High-water line yard That portion of a lot adjacent to and parallel with the high-water mark
and at a distance landward therefrom established in this chapter.
(4) 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 shall mean developments and occupancy in which persons sleep and prepare food,
other than developments used for transient occupancy.
- 18 -
Residential zone shall mean 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 shall mean commercial use (excluding fast food restaurants) which sells
prepared food or beverages and generally for consumption on the premises.
Retail establishment shall mean 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 shall mean 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. 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:
(a) 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;
(b) 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
(c) High volume truck traffic, regular pick up and delivery oflarge items, a designated contractor
pick-up area, and high parking to building ratios.
Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size
of items purchased and sales volume. 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
not a discount or volume warehouse store. Typical user is the general public.
Right-oj-way shall mean land dedicated or conveyed to the public or a unit of government, 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-oi-way realignment shall mean the changing of the horizontal position ofthe improvements in
a right-of-way.
Roojline shall mean 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.
Runoffshall mean the overland or subsurface flow of water.
Schools shall mean 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.
- 19 -
Shared access points shall mean a common point of vehicle access from a street to more than one
lot or use.
Sign shall me1m. aft) eommtmieatioft tle.iee, struetme or fixttlre lniftg graphies, letters, figures,
g)mbab, traekmarks aftd/of wfitteft eop)', whieh is ifttended to do either 51 b6th of the follo'..ing:
(1) T6 identif} a bl:lilding, I:lse, bl:lginess Of eycnt.
(2) T6 prom6te the sale or recognition of a prOðl:let. btlsinegg, tlse, sel') ice or gððdg.
Painted.. all designg Of patterns n hieh do not represent a prOðtlet, sef¥iee or registered trademark, and
which tið net identity the I:lser, arc net considered signs. If a painted -;tall design or pttttern ig eombined
YiÏth a sign, only that part of the design or pattern nhieh eannot be digtingl:lished from the sign -..ill be
e:onsidered ag part 6f the sign.
Sign {ff't:tl shall mean the entire area of a gign on .'(hieh graphics, letterg, figl:lres, s) mbob.
trademarks and/or nritten COP) is t6 be pltteeå, exeh:lding gign strl:lettlre, ttrehiteetl:lral embellishments
and frame-Nork. Sign area is ealel:llateå bJ' meagtlring the perimeter efte1osing the extreme limits of the
moåtllc or sign field cofltainiftg the gl'ftphieg, letters, ngtlres, sJ'mbob, tfademttrkg ttnd/6r nritten e:ðp),
pro-tided. ho'Ne-..a, that indi'tidtlalletters, flI:lmbers ðr S)mb6b tlsing a canopy, ay.fling Of -.vall as the
bttekgrotlnd, -¡¡ithotlt added decoration or change in the eanðp), ay.ning or viall color, haole sign area
caletllttteå by meaguring the perimeter enel6sing eaeh letter, ntlmber or symbol and totaling the sqtlare
fððtage of these.
Sign fietd shall mean the baekgrotlftå tlpOft n hieh the graphie:g, letters, figures. S) mbols, trademark
or v.ritten eoI') of a sign are plaeed.
Significant natural vegetation shall mean any area containing a concentration of significant trees;
any area of significant biological importance; and any area containing dense, mature, native vegetation.
Significant trees: A significant tree shall be defined as:
(1) Twelve 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, cottonwood, poplar or big leaf maple.
[add diagram from pg 1628.3 here]
Silt or sediment shall mean the soil particles mobilized and deposited by the processes of erosion
and deposition.
Single housekeeping unit shall mean an individual 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 three persons who are not related by four or fewer degrees of affinity or consanguinity;
provided, however, that any limitation on the number of residents resulting from this definition shall not
- 20-
be applied if it prohibits the city from making reasonable accommodations to disabled person 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 U.S.C. 3604(f)(3)(b).
Single-use building shall mean a building which contains one use.
Small animals shall mean dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs,
etc.), foxes, bobcats and similar small wild animals.
Social service transitional housing shall mean 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 including, but not
limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This
classification includes domestic violence shelters as defined herein, except that such shelters wherein the
total number of residents does not exceed the maximum number allowed under the family definition, may
be permitted outright in all residential zones.
Type A: Maximum number of residents to be consistent with the maximum number of unrelated
adults allowed under the zoning definition offamily.
Type B: All social service transitional housing not meeting the definition of "Type A," above.
Maximum number to be determined on a case by case 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
person equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act
of 1988, 42 V.S.C. 3604(f)(3)(b).
Special needs housing shall mean 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 community development services.
State environmental policy act shall mean RCW ch. 43.21 C.
Storm drainage shall mean the movement of water, due to precipitation, either surficially or
subsurficially.
Story shall mean the area or 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 shall mean a course or route, formed by nature, including those modified by man, 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.
Street shall mean both of the following:
(1) A public right-of-way.
(2) A vehicular access easement or tract.
- 21 -
Street providing direct vehicle access shall mean 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.
Structure shall mean anything which is built or constructed, an edifice or building of any kind or
any piece of work artificially built up or composed of parts joined together in some definite manner.
Structural alterations shall mean any change in the supporting member of a building or structure.
Structured parking shall mean 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 shall mean the entire lot or parcel, or series of lots or parcels, on which a
development, activity or use is or will locate or on which any activity or condition regulated by or
subject to this chapter is or will occur or take place.
Support structure shall mean any built structure, including any guy wires and anchors, to which
antenna and other necessary associated hardware is mounted. Support structues 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.
TempéJl ttf"Y CéJmmel cietJ :Jign shall meHn a sign assodttted ".vith a btlsiness, .. hieh is painted on a
windo.. or eönstrm:ted of doth, pllf'cr or similar flexibk mttterials, is readil) rcmo ý'abk:, and displft) s a
temporal)' commercial message, böt cxdtlding a real estttte, on site sign or real esttttc, off site sign.
Tenant improvement shall mean 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 shall mean the decision by the responsible official (the community
development services director) whether or not an Environmental Impact Statement (£IS) is required for
projects that are not categorically exempt under the State Environmental Policy Act (SEP A).
Topsoil shall mean the uppermost strata of soil containing a large percentage of organic materials
and which is capable of providing suitable nourishment for vegetation.
Trade (or vocational) school shall mean a post-secondary institution that trains persons for
qualification in specific trades or occupations, Le., mechanics, construction, electronics, plumbing, chefs,
upholstery, bartending.
- 22 -
Traffic control devices shall mean signs, signals, stripes and other mechanical or graphic items
which control the flow, direction or speed of vehicular and pedestrian traffic.
Ullde¡ 111m (jtiec Jig" ghall mean a gig" .. hieh ig attached 16 and 3ugpended fwm a marquee or
CaMp)' and ".. hieh doe3 ftðt extend bC)'ond the marqtlee ðf canopy.
Use shall mean the nature of the activities taking place on private property or within structures
thereon. Each separate listing under the "Use" column in sections 22-596 through 22-878 is a separate
use.
Vehicle service station shall mean a commercial use supplying petroleum products that are for
immediate use in a vehicle.
Vehicle storage area shall mean an outside area which is used for the storage and/or display of
operational vehicles.
Vehicular access easement or tract shall mean 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.
Wa!! l1umnted sigll ghall mean a gjgn attached to and extending not more than 18 inehe3 from the
facade er face ef a btlilding or a man3ard wof ".vith the expo3ed face; of the 3ign parallel to the facade or
face of the 6tlilding or man3ard wef.
Waterward shall mean toward the body of water.
Well head shall mean the top of the shaft of a well or similar water extraction facility from which
potable water is extracted.
Wholesale trade shall mean a commercial establishment which sells to retail establishments.
Zones shall mean use zones as described in sections 22-596 through 22-878.
Zoning map shall mean 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, § 2(3.10), 2-27-90; Ord. No. 90-51, §§ 1,2,3-27-90; Ord. No. 91-87, §§ 2--4, 2-5-91; Ord. No. 91-92, § 4, 4-
16-91; Ord. No. 91-100, § 4, 6-4-91; Ord. No, 91-105, § 3, 8-20-91; Ord. No. 91-113, § 3,12-3-91; Ord, No. 94-223 § 3(A), 10-
18-94; Ord, No. 95-245, § 3(A), 11-21-95; Ord. No, 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A), 7-2-96; Ord. No. 97-295, §
3,5-20-97; Ord, No. 97-291, § 3, 4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3, 9-16-97; Ord, No. 97-307, § 3,
12-16-97)
Cross reference(s)--Definitions and rules of construction generally, § 1-2.
- 23 -
Exhibit B
Federal Way City Code
Sec. 22-335. Nonconforming signs.
Sec. 22-335. Nonconforming signs.
(a) Purpose. In order to ease the economic impact of this code on businesspersons with substantial
investment in signs in existence on the date of adoption ofthis code, this section provides for up to ten
years of continued use of a nonconforming sign in its existing state. During this period, it is expected that
the sign may be amortized in its value over this ten-year time period and/or may be amortized for federal
income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not
affect the application of this section.
(b) Definitions. A nonconforming sign shall mean any sign as defined by section 22-1597 which
was legally in existence on the effective date ofthis code, February 28, 1990 but which does not comply
with the sign regulations of Article XVIII, "signs" or any other sections of this code. Any words, terms
or phrases used in this section and which are not otherwise defined shall have the meanings set forth in
sections 22-1 and 22-1597 of this Code.
(c) Legal nonconformance.
(1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of
this code, February 28, 1990, or located in areas annexed to the city thereafter which does not
conform with the provisions of this code, is eligible for characterization as a legal
nonconforming sign provided it meets the following requirements:
(i)
The sign was covered by a sign permit on the date of adoption of this code, if one was
required under applicable law; or
(ii) If no sign permit was required under applicable law for the sign, the sign was in all
respects in compliance with applicable law on the date of adoption ofthis code.
(2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the
provisions covering loss of legal nonconforming status and other limitations set forth in this
section.
(3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be
eligible for characterization as legal nonconforming signs.
(d) Legal nonconforming sign permit.
(1) Required. A legal nonconforming sign permit is required for each legal nonconforming sign.
The permit shall be obtained by the sign user or the sign owner, or the owner of the property
upon which the sign is located, within 60 days of notification by the city that the sign is legal
nonconforming. The permit shall be issued for no fee and shall expire at the end of the
applicable amortization period prescribed in FWCC 22-335(E).
(2) Necessary information. Applications for a legal nonconforming sign permit shall contain the
name and address of the sign user. the sign owner and the owner of the property upon which
the sign is located. and such other pertinent information as the director of community
development may require to ensure compliance with the code, including proof of the date of
installation of the sign.
(3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the
60-day period shall within six months be brought into compliance with the code or be
removed. Failure to comply shall subject the sign user. owner and/or owner of the property on
which the sign is located to the remedies and penalties of section 22-1604.
(e) Amortization. All legal nonconforming signs shall be discontinued and removed or made
conforming within ten years from the effective date of this code, on or before February 28,2000, and all
signs which are made nonconforming by a subsequent amendment to this code shall be discontinued and
removed or made conforming within five years after the date of such amendment (collectively the
"amortization period"). Upon the expiration of the amortization period, the sign shall be brought into
conformance with this code, with a permit obtained, or be removed. A sign prohibited pursuant to section
22-1600 may not be brought into conformance and must therefore be immediately removed upon the
expiration of the amortization period.
(f) Extension or exemption from amortization period
(1) Applicability. This subsection applies to any sign which is required to be removed pursuant to
subsection (e) of this section following expiration of the amortization period.
(2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may
provide relief from the effect ofthe sign amortization program when its enforcement would
fail to noticeably improve the appearance of the neighborhood and the city any when a
hardship would result from its enforcement.
(3) Who may apply. the property owner or the person displaying the sign which is required to be
removed pursuant to subsection (e) of this section may apply for a sign amortization extension
or exemption.
(4) Decisional criteria. An application for a sign amortization exemption or extension may be
approved or approved with modification if it satisfies all of the following criteria:
(a) The sign is compatible with the architectural design of structures on the subject property.
(b) The sign substantially complies with the requirements of the sign code for the land use
district in which it is located. For purposes of this subsection, "substantial compliance"
shall mean that the height of the sign is within ten percent of the sign height required by
Article XVIII of this code and that the sign area of the sign is within 20 percent of the
sign area required by article XVIII of this code. Minor deviations from these percentages
may be approved by the administrator ifhe or she concludes that the resulting sign is
harmonious with the character of the primary structures on the subject property and with
the signs and structures on surrounding properties;
(c) The enforcement of this code would result in a substantial hardship to the applicant due to
the size, shape. topography. location or surroundings of the subject property and such
hardship was not created by any action of the applicant or would result in a substantial
- 2 -
economic hardship to the applicant because the applicant erected a sign, or made an
application for a sign permit, between February 28, 1990 and June 6. 1995 in compliance
with the existing sign code.
(d) The sign complies with the city's minimum sign distance at intersection requirements
pursuant to section 22-1151 et seq.;
(e) If illuminated, the sign is oriented away from residentially developed or zoned property or
is adequately screened so that the source of light is not correctly visible;
(t)
It is consistent with the city' comprehensive plan; and
(g) It is consistent with the public health, safety and welfare.
(5) Applicable procedure. Except as otherwise provided by this subsection (t), the city will
process an application for a sign amortization exemption or extension through Process I,
Artide VI of this code.
(g) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately
removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor,
and such nonconforming sign shall immediately lose its legal nonconforming designation when one or
more of the following events occurs:
(1) Structural changes. The applicant is making structural alterations or increasing the gross floor
area of any structure that houses or supports the use with which the legal nonconforming sign
is associated;
(2) Other alterations. The applicant is making any change, alteration or performing work other
than normal maintenance or other than tenant improvements, in any 12-month period to any
structure that houses or supports the use with which the nonconforming sign is associated and
the fair market value of those changes, alterations or other work exceeds 25 percent of the
assessed value of that structure as determined by the King County Assessor;
(3) Abandonment or business cessation. The subject property containing the sign is abandoned for
90 or more consecutive days or the activity conducted on the subject property ceases for 180
consecutive days;
(4) Sign alterations. The applicant is making changes, alterations or performing any work to the
legal nonconforming sign other than regular and normal maintenance. Prohibited sign
alterations include relocating the sign or replacing the sign; provided, however, that replacing
any individual tenant's identification sign in either a center identification sign which separately
identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal
nonconforming sign designation.
(5) Change in use. There has been a change in use on the subject property as that term is defined
by section 22-1 of this code.
- 3 -
(6) Change in tenant. There has been a change in tenant or business on the subject property.
In connection with any multiuse or multitenant complex, the foregoing events which require that a
nonconforming sign be either removed or brought into conformance with this code, shall apply only to
the individual owner's or tenant's building mounted or freestanding signs who has triggered the
elimination of the legal nonconformance and not to the other signs located on the subject property,
including any copy change in a center identification or tenant directory sign in order to include such
tenant's name.
(h) Historic signs. Nonconforming on-site historical signs may be retained through Process II,
Article VII of this code, if the sign is determined to be of historic significance by satisfying all of the
following criteria:
(1) The sign is used in connection with a building which has been designated as a historic building
pursuant to any federal, state or local preservation authority;
(2) The subject sign or signs are substantially unchanged or unaltered since initial installation;
(3) The subject sign or signs are a good example of the prevailing signage during the period in
time it was installed; and
(4) The subject sign or signs have been well maintained and are not materially detrimental to the
public health, safety and welfare.
(i) Exemption. The city may elect not to apply any provisions of this section 22-335 if the removal
of a sign would require the city to pay compensation under any federal, state or other law. including
RCW ch. 47.42.
(Ord. No. 90-43, § 2(165.35(5)).2-27-90; Ord. No. 91-113, § 4(165.35(5)), 12-3-91; Ord. No. 92-135, §
3(165.35(5)),4-21-92; Ord. No. 92-144, § 3(165.35(5), 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No.
97-307, § 3. 12-16-97)
Cross reference(s)--Sign regulations, § 22-1596 et seq.
- 4-
Exhibit C
Federal Way City Code
Article XVIII. Signs
ARTICLE XVIII. SIGNS*
*Editor's note--Ord. No. 95-235, § 4, adopted June 6, 1995, deleted former Art. XVIII, §§ 22-1596--22-1619, relative to
signs, and enacted a new Art. XVIII to read as herein set out. The provisions offormer Art. XVIII derived from Ord. No. 90-43,
§ 2, adopted Feb. 27, 1990.
Cross reference(s)--Sign, code and construction standards, § 5-281 et seq.; signs in parks and recreation areas restricted, §
11-85; sign nonconformance must be immediately brought into conformance with the applicable provisions of the zoning
regulations, § 22-330; requirements for conformance of nonconforming signs, § 22-335; district regulations, § 22-571 et seq.;
supplementary district regulations, § 22-946 et seq.; required screening for rooftop appurtenances, § 22-960; site distance
requirements at intersections, § 22-1151 et seq.
Sec. 22-1596. Purpose.
It is the purpose of this article to balance public and private needs. Within this broad purpose are the
following objectives:
(1) Recognize the visual communication needs of all sectors ofthe community for identification
and advertising purposes;
(2) Promote a positive visual image ofthe city and protect property values by 1) encouraging signs
that are appropriate and consistent with surrounding buildings and landscape in both scale and
design, appropriate to the size of the subject property and the amount of street frontage
adjacent to the subject property, and appropriate in relationship to the size ofthe building, and
2) discouraging excessive numbers of signs;
(3) Protect the public health, safety, and welfare by regulating the placement, removal,
installation. maintenance, size, and location of signs;
(4) Support and enhance the economic well-being of all businesses within the city, and in
particular recognize the needs of all businesses to identify their premises and advertise their
products;
(5) Assure equal protection and fair treatment under the law through consistent application ofthe
regulations and consistent enforcement;
(6) Consistency with the comprehensive plan;
(7) Recognize that the aesthetic value of the total environment does affect economic values ofthe
community, and that the unrestricted proliferation of signs can and does detract from the
economic value of the community;
(8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic
values; and
(9) Provide for the elimination of billboard signs after a reasonable amortization period
recognizing that billboards affect the aesthetic value of the community thereby reducing
property values and impacting traffic safety because of the distraction that is created by large
signage along public rights-of-way.
(Ord. No. 95-235, § 4, 6-6-95)
Sec. 22-1597. 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:
(I) 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.
(2) Administrator means the director of community development or his/her designated
representative.
(3) Animated or moving sign means any sign that uses movement, by either natural or mechanical
means, or change of lighting, either natural or artificial. to depict action to create a special
effect or scene.
ill Architectural embellishments - sÌf¡ns 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.
ill Awnim! means a shelter projecting from and supported by the exterior wall of the building and
are constructed of a non-combustible framework and covered by a flexible or non-rigid fabric.
Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent
parapet or roof of a supporting building is not included within the definition of awning.
f41ill
f51ill
f6100
mill
Awning or canopy sign means a nonelectric sign on the vertjcal 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 f'marquee sign.")
Balloon means a decorative 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.")
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 subject property on
which the sign is located, but not including civic event signs. government signs, or
instructional signs.
t81 QQ} 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.
- 2-
ill.} 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.
í..Ul Canopv - buildin$!. 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. Any structure which extends
above any adjacent parapet or roof of the supporting building is not included within the
definition of a building canopy.
Ql.) CanoÐV - 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.
f91 í...l1.l Canopy sign. See awning or canopy sign.
tl-G}.Q...2.} 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.
(-l-li {lQ} 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.
fH1 Qlì City means the City of Federal Way, a Washington municipal corporation, unless the
context clearly indicates otherwise.
fH1 í..l.ID Clearview zone means the definition set forth in section 22-1511 et seq. of this code for
intersection sight distance requirements.
fl-4} Œ.2.ì Community service event or civic event means an event or gathering. (such as a food fest,
concert, fun run and/of meeting. cultural exhibition. or charitable fund raising event)
sponsored by a private or public non-profit organization.:. Sponsoring organizations can
include. but are not limited to. inettlding a gehool schools. church~ ffl'-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.
(-l-51 (20) 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.
fl-61 (.ill Copy means the graphic content of a sign surface in either permanent or remoyable letter,
pictographic, symbolic, or alphabetic form.
- 3 -
fH1 (22) 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).
fHB.em Electrical signs means a sign or sign structure in which electrical wiring, connections, or
fixtures are used.
(+9} (24) 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.
~ ill} Exposed building/ace 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.
ßB (26) Facade means the entire building front including the parapet.
~ (27) Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
ß31 @ Flag means any piece of cloth of individual size, color and design, used as a symbol,
signal, emblem or for decoration.
ß41 (29) 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 ene'rgy or illumination.
ß51 QQ) 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."
~ Q.D Frontage means the length of the property line along any public right-of-way on which it
borders.
~ Q1) Frontage, building means the length of an outside building wall on a public right-of-way.
~ Ql} Fuel price sign means a sign displaying the price of fuel for motorized vehicles.
~ Qiì Graffiti means the inscription of symbols, works, or pictures by painting, spray painting
or other means of defacing public or private property.
(35) Grand Openinf! means a promotional activity used bv newlv 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.
- 4-
Q.Q} Ground mounted sign shall mean a pedestal sign, pole, pylon, monument sign, or any sign
pennanentlv affixed to the ground.
ß&} QD Government sign means any temporary or penn anent 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, infonnational signs, and signs displaying a public
servIce message.
ß+1 Q.ID Height (of a sign) means the vertical 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.
~ íl22 Identification sign: 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.
ß31 (40) Identification sign (subdivision): A freestanding or wall sign identifying a recognized
subdivision, condominium complex, or residential development.
ß4} (ill Illuminated sign means a sign with an artificial light source incorporated internally or
externally for the purpose of illuminating the sign.
ß51 (42) Incidental sign means a small sign, emblem, or decal infonning the public of goods,
facilities, or services available on the premises (e.g., a credit card sign or a sign indicating
hours of business).
ß6} ill) 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.
f3-9i (44) Instructional sign means a sign which designates public infonnation including, without
limitation, public restroom signs, public telephone signs, exit signs and hours of operation
sIgns.
(1i) Intef!:ral siw shall mean a sign displaying a building date. monument citation. commemorative
inscription. or similar historic infonnation.
ß81 (46) 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.
ß91 (47) Maintenance means the cleaning, painting.. and minor repair of a sign in a manner that
does not alter the basic e6py; design, size. height or structure of the sign.
t4G1 (48) Marquee sign means any sign attached to or supported by a marquee, which is a
penn anent roof-like projecting structure attached to a building.
(49) Menu Board means a pennanentlv mounted sign advertising the bill of fare for a drive-in or
drive-thru restaurant.
- 5 -
t4B ŒQì Monument sign means a freestanding sign supported permanently upon the ground by a
solid base haying the al'l'earant:e ðf a solid base of landscape construction materials such
as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious
with the materials ofthe primary structure on the subject property. (See drawing set forth
in 22-1602(C)(2), Figure 8.)
~ Œ.U Multi-tenant complex means a complex containing two or more used or businesses.
t431 G1} Multiuse complex means the definition of "multiuse complex" set forth in section 22-1 of
this code so lðng as eaeh eoml'kx eofttains fi Ie 6r mðre ttgeg 6r bttsinesges.
f441 ill.} 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.
f451 Œ.Ð Nameplate means a nonelectric on-premise identification sign giving only the name,
address, and/or occupation of an occupant or group of occupants of the building.
t461 Œil 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.
f4.:t1 ill} 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.
t481 Œn 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.
f491 ŒID 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 subject property.
~.Œ.2.ì Person means any individual, corporation, association, firm, partnership, or other legal
entity .
t5B (60) Pedestal means freestanding signs supported permanently upon the ground b)' one ðr
ftt6fe by a solid base bttses 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 -¡thieh base or bases
shall be equal to at least fifty percent of the sign width.:. (See drawing set forth in section
22-1602tÐ}(C)(l), Figure 6.)
~ íQlì Point of purchase display or sÍJ!n means an advertisement for advcrtigjng of 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.).
- 6-
f5:31 íQf.} 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
subject property and not attached to any building (See drawing set forth in section 22-
1602tÐ}(C)(l), Figure 7.)
f541 í.Ql) Political sign 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.
f551 (64) 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 sÏím shall mean 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 soon (e.g. "Coming Soon..." "Opening Soon...". etc.).
f561 (66) Private advertising sign 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.
(67) Private notice sign shall mean a sign announcing a restriction or warning regarding the subject
property. such as. but not limited to. "no trespassing" or "beware of dog."
M (§ID 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.
f5-81 (69) Public right-oi-way means land owned, dedicated or conveyed to the public. used
primarily for the movement of vehicles, wheelchair and pedestrian traffic and land
privately owned, used primarily for the movement of vehicles, wheelchair and 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.
f591 Œ.Q} 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 subject property.
t6G1 Œl.l Real estate, on-site sign means a sign placed on the subject property and announcing the
sale or rental of the subject property.
t6+1 U1) Roof sign means any sign erected. constructed. or placed upon. over. or above the eaves
or on the roof of a building or structure. excluding signs affixed to the face of a mansard
style roof. and which is wholly or in part supported by the building.
~ (]1} Sign means any communication device, structure, fixture, or placard that uses colors,
words, letters, numbers. symbols, graphics. graphic designs, figures. logos, 6f trademarks~
and/or written copy for the purpose of: a) providing information or directions; or b)
- 7 -
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 ofthe design or pattern which cannot
be distinguished from the sign will be considered as part of the sign.
t631 í..lli Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols,
graphics, graphic design, letters-, figures, logos, 3)mbols, 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;
provided. however, that 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.
~ @ Sign/ace means the area of a sign on which the colors, words, letters, numbers, symbols,
graphics, graphic design, letters-, figures, logos, 3)mbols, trademark and/or written copy is
placed.
f65} (76) 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.
t661 (]]j Temporary sign means a sign not constructed or intended for long-term use.
t6.:t:) ŒID Tenant directory sign means a sign for listing the tenants or occupants and then suite
numbers of a building or center.
f681 (79) Time and temperature sign means any sign that displays the current time and temperature.
without any commercial message.
t69}.Œill 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.
Œ.U 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.
eB Œll Warning signs mean any sign which is intended to warn persons of prohibited activities
such as "no trespassing," "no hunting," and "no dumping."
- 8 -
~ Œ12 Window signs mean all signs located inside and affixed to a window and intended to be
viewed from the exterior of the structure.
(Ord. No. 95-235, § 4, 6-6-95)
Sec. 22-1598. Scope.
This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally
changed, painted, or altered after February 28, 1990, and all such signs must comply with the
requirements of this chapter.
(Ord. No. 95-235, § 4, 6-6-95)
Sec. 22-1599. Permits.
A. Permit requirements. No sign governed by the provisions of this code shall be erected, moved,
enlarged, altered or relocated by any person without a permit issued by the city unless such sign is
expressly excluded from this permitting requirement pursuant to section 22-1 599(C). An applicant shall
pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have
valid, existing permits and which conform with the requirements ofthis code on the date of its adoption
unless and until the sign is altered or relocated. Signs which, on the date of adoption of this code, do not
conform with this code's requirements may be eligible for characterization as nonconforming signs and
for nonconforming sign permits under Section 22-335 of this code.
B. Permit applications. Applications for permits shall contain the name and address of the owner
and user of the sign, the name and address of the owner of the property on which the sign is to be
located, the location of the sign structure, drawings or photographs showing the design and dimensions
of the sign, details of the sign's proposed placement and such other pertinent information as the
administrator may require to insure compliance with this code.
C. Permit expiration and inspection. All sign permits expire one year from the date of issuance. If
no work was initiated to install or construct anv part of the sign, the permit for such sign expires six
months from the date of issuance. All signs for which a permit was issued must receive a final inspection
for compliance with applicable requirements. It is the responsibility of the applicant to provide access for
inspection.
€-. D. Permit exceptions.
(1) Maintenance and operation. A sign permit is not required for maintenance of a sign or for
operation of a changeable copy sign and/or an electronic changeable message sign.
(2) Exempt signs. A sign permit is not required for the following signs or modifications to signs;
provided, however, that such signs shall comply with all ofthe following requirements:
(a) Address identification with numbers and letters not more than ten inches in height.
(b) Balloons no greater than 18 inches in diameter and no more than five balloons per display
with a tether no longer than 36 inches. No more than two displays are permitted per site.
- 9-
(c) Barber poles.
(d) Construction signs so long as such signs are limited to two signs per project and each sign
does not exceed 32 square feet per sign face and ten feet in height. Construction signs
shall not be displayed prior to issuance of a building permit and shall be removed prior to
the issuance of a certificate of occupancy. One "Coming soon" or "Open During
Construction" sign per site entrance is also permitted.
(e) Directional signs. On-site. Each sign shall not exceed four square feet in sign area if the
directional sign is indicating one direction and shall not exceed eight square feet in sign
area if such sign is indicating more than one direction. Each sign may be no more than
five feet in height. No more than two signs per street frontage are permitted for multi-
tenant complexes. Single tenant properties shall be reviewed on a case-by-case basis.
Center or complex names or logos shall not comprise more than 20 percent of the total
sign area.
(f)
Flags of any nation, government, educational institution. or noncommercial organization.
Decorative flags without corporate logos or other forms of advertising are also excluded
from permit requirements. All flags must be a minimum size of five square feet unless it
is a national or state flag and the official national or state flag is less than five square feet
in size tmtI but not larger than 40 square feet in size.
(g) Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited
to one monument sign per street frontage not exceeding five feet in height and sign area
shall not exceed 20 square feet per sign face.
(h) Co. t:mme;nt signs. The; lðt:tttion, nömber and th(; eontent of su(;h signs bt: appro ..ed b) thc
eity-.
tiHhl
Gravestones or other memorial displays associated with cemeteries or mausoleums.
fflill
Historical site plaques and signs integral to an historic building or site.
{k1ill
Holiday decorations displayed in conjunction with recognized holidays.
Ø}OO
Incidental signs attached to a structure or building, providing that the total of all such
signs per use or business shall not exceed two square feet.
fm1ill
Instructional signs that do not exceed six square feet in area per sign face.
Wún1
Integral design features when such features are an essential part of the architecture of
a building (including religious symbols) and when such features do not represent a
product service. or registered trademark.
ÚlÌ Integral signs when no more than one per building.
(0) Interior signs located completely within a building or structure and not intended to be
visible from outside the structure, exclusive of window signs.
- 10 -
úù Menu board not to exceed 32 square feet per sign face and a maximum height of five feet
(two permitted per site).
tp}{g)
ftt}(r}
ft'}W
~ill
Wúù
Nameplates not to exceed two square feet per sign face.
Non-blinking small string lights which are part of decoration to be used in
association with landscaped areas and trees.
Point of purchase displays. Point of purchase signs are limited to two square feet in
area and one sign per point of purchase. Such signs shall onlv displav instructional
or price information and shall not include copv pertaining to any special sale or
promotion. Point of purchase display signs shall be permitted in conjunction with an
outdoor use, activity, or storage as authorized under article 2, division 8 of this code.
Political signs so long as the maximum area per sign is limited to six square feet. No
political sign shall be displayed later than seven calendar days after a final election.
Private advertising signs. The sign shall be limited to eight square feet per sign face
and five feet in height, the sign must be immediately removed at the end of an event,
use or condition, the sign must contain the address of the event or advertiser, and
there shall be no more than six such signs advertising an event.
(y) Private notice signs.
tö1útl
MW
fw1W
Real estate signs.
(1) Off-site. The number of off-site real estate signs shall be limited to six per property per
agent; provided, however, that there shall be a minimum separation of 200 lineal feet
between such signs. The area of such signs shall be no greater than six square feet per
sign face. All off-site real estate signs must be removed each day at the conclusion of
the open house or other sales event and are permitted only between sunrise and sunset
when the seller or the agent are in attendance at the subject property.
(2) On-site. The number of on-site real estate signs shall be limited to one per agent per
street frontage or public entrance if no street frontage exists. For dwelling units, the
area of the sign shall be no greater than six square feet per sign face. For other uses
and developments, the size shall not exceed 32 square feet per sign face. All on-site
real estate signs must be removed when the sale closes. or in the case of a rental or
lease, when the tenant takes possession.
Temporary business signs for temporary business defined by section 9-386 of this
code; provided. however, that each licensed temporary business is only allowed two
signs of 16 square feet per sign face. If only one sign is used, that sign may be r4 32
square feet per sign face.
Under canopy signs not exceeding the width of the canopy and eight square feet in
size and provided that a minimum separation exists between such signs equal to 20
lineal feet or more.
- II -
Will
Warning signs.
6'1 (aa)
Window signs not exceeding 25 percent of the window area only to advertise
products, goods or services for sale on-site, business identification, hours of
operation, address, and emergency information.
Ð-. E. Temporary and special signs. No permit for any sign for any civic event. community service
event, special sale/promotional event, grand openings, mural display or scoreboards shall be used unless
such sign complies with the sign type, maximum number. maximum sign face area, maximum height,
location, duration and all other allowances and limitations for those uses described in Table 1,
"Allowances for Temporary and Special Signs--Permit Required."
F. Government sif!:ns. The location. number. and content of signs used to identify government
facilities must complv with the standards for commercial signs in that zone and be appropriate to the use.
All signs must be approved bv the city. Street and traffic signs are excluded from these requirements.
&. G. Residential Zone signs. No permit in any residential zone shall be issued for any sign unless
such sign complies with the sign type, maximum number, maximum sign area, maximum height,
location, duration and all other allowances and limitations for those uses described in Table 2, "Sign
Allowances for Residential Zones--Permit Required."
F-. H. Sign registration. No person shall maintain a sign in the city without first having been issued a
proper and current sign registration unless the sign is expressly exempt from such registration
requirements. All signs exempt from the permitting requirements set forth in section 22-1599 shall be
exempt from the registration requirements. The sign registration shall be issued in connection with a
person's business registration pursuant to section 9-29 ofthis code or issued after the city has
independently obtained the dimensions of the sign and other necessary information. Sign owners or users
who, on the date of adoption of this code, have current business registrations are not required to apply to
register their signs until the next renewal of their business registration. A sign registration shall be valid
until such time as the applicant alters the sign in any way, in which case the applicant will be required to
apply for a new sign registration and sign permit. No permit fees will be charged in connection with such
sign registrations. The city will assign a registration number to each sign upon issuance of the business
registration, and approval of a sign registration application, ðr tll'ðft the eit). iftékl'cnekfttl) ðbtaifiifig the
meagtlremefitg ðf afiY gigfi. The city shall affix the registration sticker containing the registration number
to the face of the permitted sign. Upon issuance of a registration, the city will advise an applicant if
his/her sign is in compliance with this code, is a legal nonconforming sign pursuant to section 22-335, or
an illegal nonconforming sign pursuant to this code.
6-.1 Bond The city may require a bond under section 22-146 et seq. to ensure compliance with any
aspect of this article.
Sec. 22-1600. Prohibited signs.
The following signs or displays are prohibited in all zones within the city. Prohibited signs are
subject to removal by the city at the owner's or user's expense pursuant to section 22-1604 of this
chapter:
(a) Abandoned or obsolete signs.
- 12 -
(b) Animated or moving signs.
(c) Banners, except as expressly allowed pursuant to Table 1 and section 22-1599( c )(2)(f) of this code.
(d) Billboards.
(e) Dilapidated, non-maintained signs.
(f)
(g) Graffiti.
Flashing signs, except electronic changeable message signs or changeable copy signs.
(h) Inflatable advertising devices, except as expressly allowed in section 22-1599(E).
(i)
U)
Mylar balloons.
Obstructing signs which obstruct or interfere with free access to or egress from a required exit
from a building or structure.
(k} Off site signs except those expressly allowed in this chapter.
Will
ffl(m}
tm1ÚÙ
fnHQ}
~úù
fp1(g)
ttBú:l
Pennants, streamers, ribbons, spinners. whirlers, propellers, festoons, blinking lights, or
similar items that attract attention through movement, reflection or illumination unless
expressly allowed pursuant to Table I of this code.
Portable signs except as expressly allowed in section 22-1 599(C)(2).
Real estate signs providing information other than the name of the development and that the
subject property is for sale, lease or rent, such as signs which only announce the features or
amenities of the subject property (i.e. features such as indoor pool, hot tub jae:tlzzi, tubs,
fireplaces, skylights, covered parking, free cable, laundromat services, community centers,
etc.)
Right-of-way signs including any sign in a public right-of-way except governmental signs.
Roof sign.
Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any
other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse
pedestrian or vehicular traffic.
Snipe signs.
Vehicle signs including any sign attached to, or placed on a parked vehicle or trailer used
principally for advertising purposes, rather than transportation, but excluding signs relating to
the sale. lease, or rental of the vehicle or trailer and excluding signs which identify a firm or
its principal product on a vehicle operated during the normal course of business.
(Ord. No. 95-235, § 4, 6-6-95)
~W
- 13 -
TABLE 1
ALLOWANCES FOR TEMPORARY AND SPECIAL SIGNS--PERMIT REQUIRED
SIGN PURPOSE/ APPLICABLE SIGN TYPE MAXIMUM MAXIMUM SIGN AREA MAXIMUM LOCATION REMARKS
DESCRIPTION ZONES ALLOWED NUMBER HEIGHT
Civic Event or All Wall mounted Handled on a I hilI/lied 811 II C~e ,,) e~e B~i3 Ihllldled 811 II C~e On-site & Off-site Thirty days prior to the
Community banners, Bfttttters, Case-by-case Off site signs, excluding wall ,,) e~e B~i3 Five event. Remove within
Service Event temporary portable Basis mounted banners. mav be no larger feet except wall five days of the close of
(Temporary) signs, inflatable than six SQuare feet per face. On mounted signs the event.
advertising devices, site signs and wall mounted
search lights & banners may be no larger than 32
beacons. sQuare feet per face.
Civic Event or All Freestanding One per site. The total sign area offreestanding Monument signs--six Non-residential Electronic changeable
Community monument or wall monument signs shall not exceed feet. Freestanding zones--on/off-site. message signs allowed.
Service Event sign. 64 square feet for the total of all signs--I2 feet. Wall Residential Signs cannot contain -
(Permanent) faces and no one face shall exceed signs shall not project zones--on-site commercial messages.
32 square feet. Wall signs shall not above the roofline. only.
exceed seven percent of the
exposed building face to which it is
attached.
Special Sale/ Non- Banners only. Handled on a Handled on a Case-by-case Basis Handled on a Case- On-site. Banners Special promotions--3G
Promotional Event residential Case-by-case by-case Basis must be attached 90 days total per calendar
(e.g., anniversary Zoning Basis to an exposed year. No more than four
sale, etc.) Districts building face. events per year. Does not
include window signs.
Grand Non- Banners, temporary Handled on a Handled on a Case-by-case Basis Handled on a Case- On-site. Banners Grand openings--30 days.
Openings residential portable signs, Case-by-case by-case Basis must be attached Event must occur within
Zoning inflatable advertising Basis to an exposed 60 days of occupancy.
Districts devices, search lights building face.
& beacons.
Mural Display Non- Painted Mural Handled on a Handled on a Case-by-case Basis Handled on a Case- Handled on a
residential Case-by-case by-case Basis Case-by-case
Zoning Basis Basis
Districts
Scoreboards All Electronic Handled on a Handled on a Case-by-case Basis Handled on a Case- Handled on a
(Athletic Fields) Changeable Message Case-by-case by-case Basis Case-by-case
Sign. Basis Basis
- 1 tl -
LAND USE
INSTITUTIONAL
-Govt. Facility
-Public Park
-Public Utility
-School
RECREATION
-Golf Course
-Recreation
Area or
Clubhouse
-Sports
field--private,
non-commercial
RESIDENTIAL
-Dwelling Units
-Subdivision
Identification
TABLE 2
SIGN ALLOWANCES FOR RESIDENTIAL ZONES--PERMIT REQUIRED
RESIDENTIAL ZONES = SUBURBAN ESTATES (SEt SINGLE FAMILY (RSt MULTIFAMILY RESIDENTIAL (RM)
APPLICABLE
ZONE
SE, RS, RM
SE, RS, RM
SE, RS, RM
SE, RS, RM
SIGN TYPE
ALLOWED
Canopy Sign
Monument Sign
Pedestal Sign
Wall Sign
Canopy Sign
Monument Sign
Pedestal Sign
Wall Sign
Monument Sign
Wall Sign
Monument,
pedestal, pole or
I!Y!2!! Sign
-Wall Sign
MAXIMUM
NUMBER
One sign for
each public
entrance
providing
direct vehicle
access.
One sign for
each street
frontage
providing
direct vehicle
access.
One per
dwelling unit.
Two per major
entrance.
MAXIMUM SIGN AREA
The total sign area of monument
signs shall not exceed 64 square
feet for the total of all faces and
no one face shall exceed 32
square feet. Wall signs and
canopy signs shall not exceed
seven percent of the exposed
building face to which it is
attached.
The total sign area of monument
signs shall not exceed 64 square
feet for the total of all faces and
no one face shall exceed 32
square feet. Wall signs and
canopy signs shall not exceed
seven percent of the exposed
building face to which it is
attached.
Two square feet.
Two signs per entrance totaling
no more than 50 square feet. No
one sign may be more than
!hirty-two square feet f'et'
effiffiftee .
- 15 -
MAXIMUM
HEIGHT
Wall and canopy
signs; cannot
project above the
rootline.
Monument signs;
six feet. Pedestal
sign; 12 feet.
Wall and canopy
signs; cannot
project above the
rootline.
Monument signs;
six feet. Pedestal
sign; 12 feet.
Wall and canopy
signs; cannot
project above the
rootline.
Monument signs;
five feet.
Wall and canopy
signs; cannot
project above the
rootline.
Monument,
pedestal. pole or
I!Y!2!! signs; five
feet.
LOCATION
Subject property;
setback five foot
minimum.
Subject property;
setback five foot
minimum.
Subject property;
setback five foot
minimum.
Subject property;
setllllel¡ H. e fe8t
-.-.-
.........."....
REMARKS
Internally illuminated signs are not
allowed; provided, however, that
electronic changeable message signs
and changeable copy signs are
allowed. City may impose additional
limitations on signs to be compatible
with nearby residential areas.
Internally illuminated signs are not
allowed; provided, however, that the
electronic changeable message signs
and changeable copy signs are
allowed. City may impose additional
limitations on signs to be compatible
with nearby residential areas.
Commercial messages not allowed.
Internally illuminated or electrical
signs not allowed.
Commercial messages not allowed.
Internally illuminated or electrical
signs not allowed. Signs may be
included as part of a fence or other
architectural feature.
LAND USE APPLICABLE SIGN TYPE MAXIMUM MAXIMUM SIGN AREA MAXIMUM LOCATION REMARKS
ZONE ALLOWED NUMBER HEIGHT
'Manufactured RS,RM Monument Sign Two per major Thirty-two square feet per Wall and canopy Subject property; Commercial messages not allowed.
Home Park Wall Sign entrance. entrance. Wall signs and canopy signs; cannot setback five foot Internally illuminated or electrical
Identification signs shall not exceed seven project above the minimum. signs not allowed.
percent of the exposed building roofline.
face to a maximum of 100 Monument signs;
square feet. five feet.
'Multifamily RM..ßâ Monument Sign Two per major Thirty-two square feet per Wall and canopy Subject property; Commercial messages not allowed.
Complex Wall Sign entrance. entrance. Wall signs and canopy signs; cannot setback five foot Phone numbers are permitted on wall
Identification signs shall not exceed seven project above the minimum. mounted signs when not facing
percent of the exposed building roofline. another residential use. Internally
face to a maximum of 100 Monument signs; illuminated or electrical signs not
square feet. five feet. allowed.
UNIQUE SE, RS Handled on a Handled on a Handled on a case-by-case basis. Handled on a case- Handled on a case- Handled on a case-by-case basis.
'Cemetery case-by-case case-by-case by-case basis. by-case basis.
basis. basis.
'Day care or SE, RS, RM Canopy sign, One Wall or canopy signs may not Five feet Subject property; Electronic changeable message signs
pre-school, Monument, and freestanding exceed seven percent of the setback five foot and changeable copy signs are
excluding wall signs sign per street exposed building face to which minimum allowed. CitY may impose additional
class II home frontage. the sign is attached to a limitations on signs to be compatible
occupations maximum of 50 square feet. The with nearby residential areas.
total sign area for monument
signs may not exceed 20 square
feet per sign face. A daycare or
pre-school that is part of a
church or synagogue may add
20 square feet per face to an
existing monument sign
associated with the church or
synagogue
'Church, SE, RS, RM Canopy Sign One sign for The total sign area of monument Wall and canopy Subject property; Electronic changeable message signs
Synagogue, or Monument Sign each street signs shall not exceed 64 square signs; cannot setback five foot and changeable copy signs are
other place of Wall Sign frontage feet for the total of all faces and project above the minimum. allowed. City may impose additional
worship. providing no one face shall exceed 32 roofline. limitations on signs to be compatible
direct vehicle square feet. Wall signs and Monument signs; with nearby residential areas.
access. canopy signs shall not exceed five feet.
seven percent ofthe exposed
building face to which it is
attached.
- 1 ¡; -
Sec. 22-1601. Signs in non-residential zoning districts.
A. Freestanding signs. AM f'£ermit application~ for freestanding signs shall be designated as
qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the
size and zoning designation of the development. The sign profile designation shall control the sign types,
sign height, sign area and number of signs allowed.
(1) High profile sign.
(a) Criteria. A subject property meeting all of the following criteria is permitted a high
profile freestanding sign:
(i)
A minimum of250 feet of frontage on one public right-of-way;
(ii) A zoning designation of City Center Core (CC-C) or City Center Frame (CC-F), or
Community Business (BC);
(iii) A multiuse complex; and
(iv) A minimum site of 15 acres in size.
(b) Sign types. The following sign types are allowed for a high profile sign:
(i)
Pylon or pole signs; provided, however, that any pylon or pole sign must have more
than one pole or structural support;
(ii) Pedestal signs;
(iii) Monument signs;
(iv) Tenant directory signs; and
(v) Kiosks.
Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a
pylon or pole sign, may include electronic changeable messages. center identification signs
and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated
sign, and/or a neon sign.
(c) Sign height. A high profile sign shall not exceed the following maximum heights:
(i)
Pylon or pole sign-- Twenty- five feet.
(ii) Pedestal or monument signs-- Twelve feet if in lieu of a pylon or pole sign.
Otherwise, pedestal and monument signs shall not exceed five feet.
(iii) Tenant directory or kiosk signs--Six feet unless the sign is set back a minimum of 50
feet from any public right-of-way, in which case it may be ten feet.
- 17 -
(d) Sign area. A high profile sign shall not exceed the following maximum sign areas:
(I) Pylon or pole sign--Four hundred square feet for the total of sign faces with no one
sign face exceeding 200 square feet.
(ii) Pedestal or monument signs--One hundred twenty-eight square feet for the total of
all sign faces with no one face exceeding 64 square feet.
(iii) Tenant directory or kiosk signs--Fifteen square feet per sign face.
(e) Number a/signs. A subject property qualifying for a high profile sign may have the
following maximum number of signs:
(I)
Pylon or pole sign--One sign unless the subject property has an additional 500 feet of
street frontage for a total of 750 feet of aggregate frontage on any public rights-of-
way, in which case the subject property will be allowed one additional high profile
sign, not to exceed a maximum of two such signs per subject property;
(ii) Pedestal or monument signs--Ifthe pedestal or monument sign is in lieu of a pylon
or pole sign, the number of signs allowed shall be determined pursuant to subsection
(e )(1). In addition, two monument signs which identify the name of any multiuse
complex are allowed, per entrance from a public right-of-way. not to exceed five feet
in height; and
(iii) Tenant directory or kiosk signs--One sign per frontage on a public right-of-way.
(2) Medium profile sign.
(a) Criteria. A subject property that does not qualify for a high profile sign pursuant to
section 22-1601(A)(l) and is not a low profile sign by being zoned Office Park (OP) or
Professional Office (PO) pursuant to section 22-1601(A)(3) is permitted a medium profile
freestanding sign.
(b) Sign type. The following sign types are allowed for a medium profile sign:
(i)
Pedestal signs; and
(ii) Monument signs.
Sign content for any medium profile sign may include electronic changeable messages.
center identification signs and/or changeable copy signs. Any medium profile sign may be
an electrical sign, an illuminated sign, and/or a neon sign.
(c) Sign height. The height of a medium profile sign shall be calculated at the rate of. 75 feet
in the sign height for every ten lineal feet of frontage on a public right-of-way; provided,
however. that sign height shall be calculated at the rate of one and one-half feet in sign
- 18 -
height for every ten lineal feet of frontage on a public right-of-way for any multi-tenant
complex and provided, further, that such sign shall not exceed a maximum height of 12
feet and every applicant is entitled to a minimum height of five feet.
(d) Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs
shall be calculated at the rate of two square feet per lineal foot of frontage on a public
right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign
faces on each permitted sign with no one sign face exceeding 64 square feet. For other
uses, sign area allowed for medium profile sign shall be calculated at the rate of one
square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum
sign area of 80 square feet for the total of all sign faces on each permitted sign with no
one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area
calculations, every applicant is entitled to a minimum sign area of 50 square feet for the
total of all sign faces with no one sign face exceeding 25 square feet.
(e) Number of signs. A subject property qualifying for a medium profile sign may have one
pedestal or monument sign.
(3) Low profile sign.
(a) Criteria. A subject property located in the Office Park (OP) or Professional Office (PO) is
permitted a low profile freestanding sign.
(b) Sign type. The following sign types are allowed for a low profile sign:
(i)
Pedestal signs;
(ii) Monument signs; and
(iii) Tenant directory signs.
Sign content for any pedestal or monument sign may include center identification signs
and/or changeable copy signs. Any low profile sign may be an electrical sign, an
illuminated sign, and/or a neon sign.
(c) Sign height. A low profile sign shall not exceed the following maximum heights:
(i)
Pedestal or monument signs--Five feet.
(ii) Tenant directory signs--Six feet unless the sign is set back a minimum of 50 feet
from any public right-of-way, in which case it may be ten feet.
(d) Sign area.
(i)
Pedestal or monument signs--Sign area allowed for a low profile sign shall be
calculated at the rate of one square foot per lineal foot of frontage on a public right-
of-way; provided, however, that a low profile sign shall not exceed a maximum sign
area of 80 square feet for the total of all sign faces on each permitted sign with no
- 19 -
one sign face exceeding 40 square feet, and every applicant is entitled to a minimum
sign area of 50 square feet for the total of all sign faces with no one sign face
exceeding 25 square feet.
(ii) Tenant directory signs--Fifteen square feet per sign face.
(e) Number of signs. A subject property qualifying for a low profile sign may have the
following maximum number of signs:
(i)
Pedestal or monument signs--One sign per frontage on a public right-of-way; and
(ii) Tenant directory signs--One sign per frontage on a public right-of-way.
(4) Combined sign package for adjacent property owners. The owners of two or more properties
that abut or are separated only by a vehicular access easement or tract may propose a combined
sign package to the city. The city will review and decide upon the proposal using Process I III.
The city may approve the combined sign package if it will provide more coordinated, effective
and efficient signs. The allowable sign area, sign type, sign height and number of signs will be
determined as if the applicants were one multi-tenant complex.
B. Building mounted signs.
(I) Sign types. The following may be building mounted signs and are allowed in all non-
residential zoning districts:
(a) Awning or canopy signs;
(b) Center identification signs;
(c) Changeable copy signs;
(d) Civic event signs;
(e) Directional signs, on-site;
(f) Electronic changeable message signs;
(g) Instructional signs;
(h) Marquee signs;
(i)
Projecting signs;
(j)
Tenant directory signs;
(k) Time and temperature signs;
(I)
Under canopy signs; and
- 20-
(m) Wall mounted signs.
Any building mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign.
(2) Sign height. No sign shall project above the roofline of the exposed building face to which it is
attached.
(3) Sign area. The total sign area of building mounted signs for each business or tenant, excluding
under canopy signs, shall not exceed seven percent of the exposed building face to which it is
attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet
and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant
complex which does not use a freestanding sign may have two additional wall mounted signs.
No one sign may exceed seven percent of the ofthe exposed buildinl! face to which it is
attached. to a maximum of240 square feet per sign. This sign is in addition to any other tenant
signs on that buildinl! face.
(4) Number of signs. The number of building mounted signs permitted each user is dependent
upon the surface area ofthe largest single exposed building face of his or her building as
follows. excludinl! wall mounted center identification sil!ns:
Largest Exposed Building Face Maximum Number of Signs
Less than 999 sq. ft. 2
1,000 -- 2,999 sq. ft. 3
3,000 -- 3,999 sq. ft. 4
4,000 and over sq. ft. 5
Buildings with more than 4,000 square feet on any exposed building face, with several clearly
differentiated departments, each with separate exterior entrances, are permitted one sign for
each different department with a separate exterior entrance, in addition to the five permitted.
No sign or signs may exceed the maximum area permitted for that building face except as may
be specifically permitted by this code. However. an Att-applicant ig ftðt permitted to trangfcr
gign area calculated purgutmt to 3ub3eeti6n (3) from one building faec to another but is allowed
to move allotted signs. as calculated in subsection (4). from one building face to another.
Each business or use shall be permitted under canopy signs in addition to the other permitted
building mounted signs subject to the size and separation requirements set forth in section 22-
1599(C)(2)(w) of this Code.
- 21 -
C. Sign area multipliers. The sign area and sign number allowed, as set forth in section 22-
1601(A)(l)(d) for high profile signs, (2)(d) for medium profile signs, and (3)(d) for low profile signs and
section 22-1601 (B)(3) for building mounted signs may be increased in the following instances; provided,
however, that in no event shall the sign exceed the maximum sign area allowed:
(1) If no signs on the subject property have internally lighted sign faces, then the total sign area
allowed may be increased by 25 percent.
(2) If all signs, other than center identification signs, are building mounted signs, the total sign
area allowed may be increased by 25 percent.
(3) A time and temperature sign may be included with any sign and such time and temperature
signs shall not be included for purposes of calculating maximum sign area or maximum
number of signs.
(Ord. No. 95-235, § 4, 6-6-95; Ord. No. 96-270, § 3(F), 7-2-96)
Sec. 22-1602. Construction standards.
A. Structural components. To the maximum extent possible, signs should be constructed and
installed so that angle irons, guywires, braces and other structural elements are not visible. This
limitation does not apply to structural elements that are an integral part of the overall design such as
decorative metal or wood.
B. Sign setback requirements. The required setback from the property lines for all signs shall be not
less than five feet from the subject property line in residential zones and not less than three feet from the
subject property line in all other zones.
C. Dimensional and design standards.
(1) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for
pedestal, pole or pylon signs:
A>=50%ofB
A>=50%ofD
B = HEIGHT OF SIGN
(Maximum Height n Sec. 22-1601)
C>=20%ofB
- 22-
Figure 6 n Type A Pedestal
B = HEIGHT OF SIGN
(Maximum Height n Sec. 22-1601)
C > = 20% of B
E > = 4 INCHES
Figure 7 -- Type B Pole or Pylon Sign
(2) Monument signs. The following figures illustrate the dimensional standards for monument
signs:
Figure 8 -- Monument Sign
A: MAXIMUM HEIGHT OF SIGH PER SEC. 22-1601
B: MAXIMUM = 200% OF A
C: MINIMUM = 20% OF A
D: EQUAL TO 100% OF B
(3) Design criteria.
(I)
Sign base: The base of the sign must be done in landscape construction materials such as
brick, stucco, stonework, textured wood, tile or textured concrete or materials that are
harmonious with the character of the primary structures on the subject property and
subject to the administrator's approval. No visible gap shall be allowed between the sign
base and the finished grade or between the sign face or cabinet and the sign base.
(ii) Sign face: The color, shape, material, lettering and other architectural details ofthe sign
face must be harmonious with the character of the primary structure.
(4) Minor deviations. Minor deviations from the dimensional standards for signs, except for
maximum sign height, may be approved by the administrator if he or she concludes that the
resulting sign does not significantly change the relative proportion of the sign base to the sign
face.
D. Location. No sign shall be so located so as to physically obstruct any door or exit from a
building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress
from buildings or parking areas. No sign shall be located within the clearview zone.
- 23 -
E. Landscaping aroundfreestanding signs. To improve overall appearance of the sign and to reduce
the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each
freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not
require more than 200 square feet of landscaped area. This landscaping must include vegetation and may
include other materials and components such as brick or concrete bases as evidenced in plazas, patios
and other pedestrian areas, planter boxes, pole covers or decorative framing.
At the time of planting. a minimum of 50 percent of the required landscaped area should be planted with
low shrubs and groundcover such that within two years. 90 percent of the landscaped area is covered.
Such plantings can include. but are not limited to. evergreen shrubs. deciduous shrubs. vines. and ground
cover or grasses. If all grasses are to be used. the landscaped area must be covered 100 percent at time of
planting:. Low maintenance plantings are recommended.
Alternative landscape plans may be submitted in writing and will be reviewed on a case bv case basis.
These may include. but are not limited to. existing plantings in the area of the sign or landscaping
required to be provided under article XVII. landscaping. of this code.
F. Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain
or utilize any of the following:
(1) Any exposed incandescent lamp with a wattage in excess of 25 watts.
(2) Any exposed incandescent lamp with an internal or external reflector.
(3) Any continuous or sequential flashing device or operation.
(4) Except for electronic changeable message signs, any incandescent lamp inside an internally
lighted sign.
(5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a
street.
(6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer
than 12 inches on center.
(7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer
than six inches on center.
Œ2 All illumination for externally illuminated signs must be aimed away from nearby residential
uses and on-coming traffic.
G. Setback and distance measurements. The following guidelines shall be used to determine
compliance with setback and distance measurements:
(1) The distance between two signs shall be measured along a straight horizontal line that
represents the shortest distance between the two signs.
- 24-
(2) The distance between a sign and a property line shall be measured along a straight line
representing the shortest distance between the sign and the property line.
(Ord. No. 95-235, § 4, 6-6-95)
Sec. 22-1603. Variance from sign code.
A. Scope. This section establishes the procedure and criteria the city will use in making a decision
upon an application for a variance from the provisions of the sign code.
B. Required review process. The city will review and decide upon applications for a variance to any
of the provisions of this article using Process IV, Article VII of this Code.
C. Criteria. The city may grant the variance only if it finds all of the following:
(1) The literal interpretation and strict application of the provisions and requirements of the sign
regulations would cause undue and unnecessary hardship because of unique or unusual
conditions pertaining to the specific building, parcel or subject property;
(2) A sign package consistent with the provisions of this article would not provide the use or the
business with effective signs;
(3) The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property to provide it with use rights and
privileges permitted to other properties in the vicinity and zone in which the subject property is
located;
(4) The variance is not granted for the convenience of the applicant or for the convenience of
regional or national businesses which wish to use a standard sign;
(5) The special circumstances of the subject property are not the result of the actions ofthe
applicant, the owner of the property or a self-induced hardship; and
(6) The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and in the zone in which the subject
property is located.
D. Conditions and restrictions. As part of any variance approval of a request under this section, the
city may impose any conditions, limitations or restrictions it considers appropriate under the
circumstances. This may include, but is not limited to, requiring that the owner of the subject property
sign a covenant or other written document to be filed with the county to run with the property by which,
at a time certain or upon specific events, the signs on the subject property would be brought into
compliance with all applicable city regulations then in effect. The city may also require a performance
bond under section 22-1599(H) to insure compliance with any such condition or restriction.
(Ord. No. 95-235, § 4, 6-6-95; Ord. No. 97-291, § 3, 4-1-97)
- 25 -