(1) General. It is a violation of this title to erect a structure on or to otherwise use or occupy any lot or parcel unless that lot or parcel is a buildable lot. A lot or parcel is a buildable lot if it meets all of the following criteria:

(a) It was created or segregated pursuant to all applicable laws, ordinances and regulations then in effect.

(b) Except as specified in subsection (2) of this section, it is at least as large as the minimum lot size established by this title.

(c) It is adjacent to a street, access tract, or driveway providing access to that lot or parcel that meets the minimum requirements of the International Fire Code and other code provisions established by or under this title.

(d) Nothing in the above subsections eliminates the requirement to comply with all other provisions of the FWRC, or other applicable regulations, prior to obtaining a building permit or other construction permit.

(2) Exception, detached dwelling units and middle housing. Subject to all other requirements of this title, an applicant may build one detached dwelling unit or middle housing on a lot or parcel regardless of the size of the lot or parcel, if:

(a) There is or has ever been a residence on the subject property; or

(b) It is a legal nonconforming lot and the owner does not own contiguous lots; or

(c) Lots less than 50 percent of the minimum lot size required by this title are combined with one or more contiguous lots under the same ownership until the resulting lot equals at least 50 percent of the minimum lot size required. If that is not possible, all lots under contiguous ownership are combined into one lot, which may then be developed.

(d) The intent of this exception shall not be to construe remnant lots or tracts as buildable lots. Lots that are not considered buildable lots are those that were not created for the purposes of land development and include, but are not limited to, vacated rights-of-way, tracts, lot fragments resulting from surveying errors, public or private easements, and assessor tax parcels created by segregation.

(3) Exception, accessory dwelling units. Subject to all other requirements of this title, an applicant may build an accessory dwelling unit on a lot or parcel regardless of the size of the lot of parcel. The intent of this exception shall not be to construe remnant lots or tracts as buildable lots. Lots that are not considered buildable lots are those that were not created for the purposes of land development and include, but are not limited to, vacated rights-of-way, tracts, lot fragments resulting from surveying errors, public or private easements, and assessor tax parcels created by segregation.

(Ord. No. 25-1016, § 11, 6-3-25; Ord. No. 23-963, § 8, 7-5-23; Ord. No. 15-804, § 28, 11-3-15; Ord. No. 90-43, § 2(115.80), 2-27-90. Code 2001 § 22-953.)

Cross references: Buildings and building regulations, FWRC Title 13; subdivisions, FWRC Title 18.

(1) Generally. The review and siting of essential public facilities shall conform to the following:

(a) Class I facilities shall be reviewed under the zoning provisions found in their respective zoning districts, as well as the special provisions outlined in subsection (2) of this section. Review of Class I facilities shall be under process IV, hearing examiner decision.

(b) Class II facilities shall be reviewed under the zoning provisions and processes found in their respective zoning districts, unless they are found to be exempt under the Federal Fair Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards.

(2) Site evaluation criteria. The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site Class I essential public facility in Federal Way. These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal’s conformance with each criteria shall be included in the documentation of any city decision relative to the project.

(a) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility.

(b) Relationship of service area to population. The facility should service a share of Federal Way’s population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population.

(c) Minimum site requirements. Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: minimum size of the facility, access, necessary on-site support facilities, topography, geology and soils and mitigation requirements. The sponsor shall also identify any future expansions of the facility.

(d) Alternative site selection. The sponsor shall document whether any alternative sites have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible.

(e) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood.

(f) Public participation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings.

(g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment.

(Ord. No. 22-930, § 5, 3-1-22; Ord. No. 97-295, § 3, 5-20-97. Code 2001 § 22-946.1.)

(1) Efficient light sources. The applicant shall utilize energy efficient-light sources.

(2) State code. The applicant shall comply with the state energy code with respect to the selection and regulation of light sources.

(3) Glare from subject property prohibited. The applicant shall select, place and direct light sources both directable and nondirectable so that glare produced by any light source, to the maximum extent possible, does not extend to adjacent properties or to the right-of-way. (See also FWRC 7.05.030.)

(Ord. No. 90-43, § 2(115.85), 2-27-90. Code 2001 § 22-954.)

Cross references: Electric utility, Chapter 11.05 FWRC; nonconformance that must be immediately brought into conformance, FWRC 19.30.060.

(1) Work hours permitted. Development activities and heavy equipment operations are permitted between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, and between 9:00 a.m. and 8:00 p.m. Saturday, and are not permitted on Sundays or holidays observed by the city, unless otherwise allowed under subsection (2) of this section.

(2) Exceptions. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment other than permitted in subsection (1) of this section, in accordance with the following:

(a) Any exception must be requested by advance written request to the director, including a description of the specific exception(s) requested; proposed temporary construction mitigation measures for any related impacts such as traffic, noise, and glare; and an analysis of how the request meets the following criteria:

(i) The work will not result in substantial adverse impacts to surrounding properties.

(ii) The exception is necessary to avoid undue delay of project completion and/or long-term inconvenience or disruption to the public.

(3) Notice. Unless waived, modified, or exempted by the director under subsection (4) or (5) of this section, applicants granted an exception under subsection (2) of this section shall mail written notice, at least seven calendar days in advance of the approved work, to owners and occupants of property located within 300 feet of project boundaries; and post one or more notice boards on the project site, as determined by the director. Such notice shall include the approved construction hours, general description of construction activities, summary of mitigation measures accepted by the director, and two 24-hour project contacts for the duration of the project.

(4) Waiver of notice. The director may waive or modify the requirements of subsection (3) of this section, based on project location, scope, scale, or alternative comparable notification methods, and/or other reasonable considerations.

(5) Emergency exemption. Projects deemed by the director to be necessary to ensure the immediate safety, health, or welfare of the community, or individuals of the community, or to restore property to a safe condition following a natural or manmade disaster or other emergency, are exempt from the provisions of this section.

(6) Revocations. The director may revoke or modify any exception approved under this section based on verified complaints that the development activity or heavy equipment operation does not meet the terms of the approved exception, or if the activity creates some unanticipated and verifiable adverse effect.

(Ord. No. 09-608, § 3(Exh. A), 4-7-09; Ord. No. 99-341, § 3, 5-4-99; Ord. No. 90-43, § 2(115.25), 2-27-90. Code 2001 § 22-1006.)

Cross references: Licenses and business regulations, FWRC Title 12; buildings and building regulations, FWRC Title 13.

A group home type II proposing to serve juveniles convicted of the offenses listed under group home type III shall be treated as a group home type III.

(Ord. No. 14-771, § 5, 8-12-14; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 27, 1-6-09. Code 2001 § 22-978.)

Family day care is permitted in conjunction with any residential use in any zoning district provided it meets all of the following criteria:

(1) The use must be operated as part of a principal residential use operated by a family member(s) who resides in the residential structure.

(2) Family day care facilities must obtain all required state approvals. The state shall certify that the proposed family day care will have a safe passenger-loading area.

(3) All city licensing, zoning, building, housing, and fire regulations applicable to the underlying type of housing in which the use exists (i.e., single-family residence, multifamily residence, etc.) must be met.

(4) Lot size, building size, setbacks, and lot coverage must conform to those applicable to the zoning district, except if the structure is legally nonconforming.

(5) No more than two persons who are not residents of the dwelling unit may be employed or work at the family day care at any one time.

(6) No exterior alterations are allowed to accommodate the family day care home, including signage.

(7) Only those interior alterations customary to residential use shall be made.

(Ord. No. 20-898, § 15, 10-20-20; Ord. No. 09-605, § 3(Exh. A), 3-3-09. Code 2001 § 22-980.)

Adult family homes are residential uses that are permitted in any zoning district where residential uses are permitted; provided, that they meet all of the following criteria:

(1) The use must be licensed by the state, if required.

(2) All city licensing, zoning, building, housing, and fire regulations applicable to the underlying type of housing in which the use exists (i.e., single family residence, multifamily residence, etc.) must be met.

(3) Lot size, building size, setbacks, and lot coverage must conform to those applicable to the zoning district of the subject property except if the structure is legally nonconforming.

(4) No more than two persons who are not residents of the dwelling unit may be employed or work in the adult family home at any one time.

(5) One off-street parking space must be provided for each nonresident employee or worker in addition to the spaces required by the zoning district for the residential use.

(Ord. No. 15-791, § 3, 5-5-15; Ord. No. 09-605, § 3(Exh. A), 3-3-09. Code 2001 § 22-980.5.)

Any well constructed after March 1, 1990, must comply with the siting criteria of Chapter 173-160 WAC. Any improvement or use on the subject property erected or engaged in after March 1, 1990, must comply with the requirements in Chapter 173-160 WAC regarding the separation of wells from sources of pollution.

(Ord. No. 15-797, § 14, 6-16-15.)

If the use conducted on the subject property has ceased for more than one consecutive 12-month period, the applicant shall repair and/or restore the existing improvements on the site (e.g., drainage, landscaping, curbing, parking striping, etc.) to a condition as near as physically possible to the condition required under the approval(s) of the existing development. This provision shall be implemented as a condition of the building permit, land use, or subdivision approval.

(Ord. No. 15-804, § 29, 11-3-15.)

(1) All new development that includes facilities for sanitation shall be connected to a sanitary sewer system when sanitary sewer is within 200 feet of the subject property, as measured from the nearest public sewer connection to any portion of the subject property. The sanitary sewer system shall be designed and constructed to the specifications of the applicable sewer provider. This connection requirement shall be effective beginning January 1, 2027.

(2) For all existing development on septic, where the septic system has failed as determined by Seattle-King County Public Health, the property served by the failed septic system must connect to sanitary sewer if public sewer is already in right-of-way directly adjacent to any point of the property.

(3) The required sewer connection in subsection (1) of this section may be waived in the following situations:

(a) Proposed new development would utilize an existing septic system that is already of sufficient capacity to serve the new development, and that development complies with septic requirements of Seattle-King County Public Health as supported by the appropriate review of the existing system.

(b) Sewer cannot be provided to the subject property as determined by the applicable sewer provider.

(c) Sewer cannot be served over the right-of-way and a sewer easement cannot be obtained across adjacent properties due to the adjacent property owner(s) not granting such an easement.

(Ord. No. 25-1030, § 3, 11-5-25.)

(1) Permit applications to permit repair or replacement of a failed septic system in the city are submitted to and decided upon by Seattle-King County Public Health. However, in the event that the city adopts decision-making authority over permits for repair or replacement of a failed septic system, the provisions of this section shall apply to the city’s denial of any such permit; provided, that such appeal process shall only apply to denials of requests to repair or replace existing, failing on-site septic systems that:

(a) Were made for a single-family residence by its owner or owners;

(b) Were denied solely because of a law, regulation, or ordinance requiring connection to a public sewer system; and

(c) Absent the applicable law, regulation, or ordinance requiring connection to a public sewer system upon which the denial was based, would be approved.

(2) A written notice of appeal must be delivered to the city clerk within 14 calendar days after issuance of the decision. The notice of appeal must specify what issues are being appealed, and present any relevant arguments or information regarding the appeal issues.

(3) Appeals are governed by process IV.

(4) In reaching a decision on the appeal, the hearing examiner shall consider whether:

(a) It is cost-prohibitive to require the property owner to connect to the public sewer system. In complying with this subsection (4)(a), the city must consider the estimated cost to repair or replace the on-site septic system compared to the estimated cost to connect to the public sewer system;

(b) There are public health or environmental considerations related to allowing the property owner to repair or replace the on-site septic system. In complying with this subsection (4)(b), the city must consider whether the repaired or replaced on-site septic system contributes to the pollution of surface waters or groundwater;

(c) There are public sewer system performance or financing considerations related to allowing the property owner to repair or replace the on-site septic system;

(d) There are financial assistance programs or latecomer agreements offered by the city or state that may impact a decision of the property owner to repair or replace the on-site septic system.

(Ord. No. 25-1030, § 4, 11-5-25.)

(1) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the Growth Management Act and the county-wide planning policies for King County.

(2) Affordable housing defined. “Owner-occupied affordable housing” means dwelling units that are offered for sale at a rate that is affordable to those individuals and families having incomes that are 80 percent or below the area median income (AMI). “Rental affordable housing” means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50 percent or below the area median income (AMI).

(3) Multifamily projects. New projects involving 25 dwelling units or more that are not proposed along with a subdivision for detached dwelling units or middle housing are required to provide affordable dwelling units as part of the project. At least two dwelling units, or four percent of the total number of proposed units rounded down to the nearest whole number, whichever is greater, shall be affordable. Projects including affordable dwelling units may exceed the maximum allowed number of dwelling units as follows:

(a) One bonus market rate unit for each affordable unit included in the project; up to 10 percent above the maximum number of dwelling units allowed in the underlying zoning district.

Affordable dwelling units required under the provisions of this subsection in the BC, CC-F, and CC-C zones shall be exempt from parking space requirements.

(4) Subdivision projects for detached dwelling units or middle housing. New residential subdivisions for detached dwelling units or middle housing have the option of providing affordable dwelling units as part of the project. Projects including affordable dwelling units may reduce minimum lot size as follows:

(a) Those lots in a new subdivision or short subdivision which are proposed to contain affordable dwelling units may be reduced in area by up to 20 percent of the minimum lot size of the underlying zoning district; provided, that the overall number of dwelling units in the subdivision may not exceed 10 percent of the maximum number of units allowed in the underlying zoning district.

(5) Duration. An agreement in a form approved by the city must be recorded with the King County recorder’s office requiring affordable dwelling units which are provided under the provisions of this section to remain as affordable housing for a minimum of 50 years. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant.

(6) Unit characteristics. Where a development utilizes or is subject to the requirements of this section, and the development will also provide market rate housing, the low-income housing units shall be provided in a range of sizes comparable to those units that are available to other residents. To the extent practicable, the number of bedrooms in low-income units must be in the same proportion as the number of bedrooms in units within the entire development. The low-income units shall generally be distributed throughout the development and have substantially the same functionality as the other units in the development.

(Ord. No. 25-1025, § 4, 10-7-25; Ord. No. 25-1016, § 12, 6-3-25; Ord. No. 25-1008, § 12, 4-1-25; Ord. No. 23-958, § 7, 6-6-23; Ord. No. 23-949, § 9, 2-7-23; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 07-554, § 5(Exh. A(8)), 5-15-07; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 97-306, § 3, 12-2-97. Code 2001 § 22-976.)

(1) General. Except as specified in subsection (2) of this section, the area of all structures, pavement and any other impervious surface on the subject property will be calculated as a percentage of total lot area, exclusive of the area of any recorded access easements, in determining compliance with maximum lot coverage required in this title. If the subject property contains more than one use, the maximum lot coverage requirements for the predominant use will apply to the entire development.

(2) Exceptions. The following shall be excepted from the provisions of this section:

(a) A vehicular access easement, private tract, or that portion of a private driveway located within the “flag pole” or “access panhandle” part of the lot will not be used or considered in determining compliance with the maximum lot coverage requirement of this title.

(Ord. No. 18-844, § 7, 3-6-18; Ord. No. 07-545, § 3(Exh. A), 1-2-07; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 90-43, § 2(115.90), 2-27-90. Code 2001 § 22-955.)

Cross references: Buildings and building regulations, FWRC Title 13; subdivisions, FWRC Title 18; site plan review, Chapter 19.60 FWRC.

(1) Generally. Many developments in the city center core (CC-C) are required to comply with either FAR or units per acre of developable site area minimum and maximums, as provided in the use tables for the zone. In general, FAR minimums and maximums apply when the project is nonresidential, and units per acre of developable site area minimums and maximums apply when the project is residential.

(2) Application of floor area ratio and units per acre to projects with both residential and nonresidential uses. For projects where the subject property will contain both residential and non-residential uses and/or where there are mixed-use buildings, FAR or units per acre of developable site area requirements shall be applied based on the principal use of each parcel within the subject property. For example, if a project contains two parcels, one with a principal use of residential and one with a principal use that is nonresidential, the parcel with a principal use of residential must comply with unit per acre of developable site area minimums and maximums based on the size of the residential parcel. The nonresidential parcel must comply with FAR minimums and maximums based on the size of the nonresidential parcel. If a parcel contains both residential and nonresidential uses and/or mixed-use buildings in such a combination that it is not readily identifiable whether the principal use of the property is residential or nonresidential as determined by the director, the parcel must comply with FAR minimums and maximums based on the size of the parcel, and need not comply with unit per acre of developable site area minimums and maximums.

(Ord. No. 23-977, § 35, 12-5-23)

In many zones, the number of dwelling units allowed on the subject property is determined by dividing the area of the subject property by the number of square feet this title requires per unit. When this results in a fraction, the number of permitted dwelling units will be rounded up to the next higher whole number of units if the fraction is at least two-thirds. If the fracture is less than two-thirds, the number of permitted dwelling units will be rounded down to the next lower whole number of units.

(Ord. No. 90-43, § 2(115.125), 2-27-90. Code 2001 § 22-961.)

Cross reference: District regulations, FWRC Title 19, Division VI.

(1) General. For purposes of the regulations in this title regarding the maximum length of a structure’s facade only, two structures will be treated and considered as one structure if any elements of the structures, other than as specified in subsection (2) of this section, are closer than 20 feet to each other. In addition, structures connected by a breezeway or walkway will be regulated as one structure if any element of the breezeway or walkway is higher than eight feet above finished grade.

(2) Exceptions. The following are excepted from this section:

(a) Porches and similar elements of a structure no higher than 18 inches above finished grade may be closer than 20 feet to another structure.

(b) Chimneys, bays, greenhouse windows, eaves and similar elements that customarily extend beyond the exterior walls of a structure may be no closer than 18 1/2 feet from another structure.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 90-43, § 2(115.30), 2-27-90. Code 2001 § 22-964.)

No element or feature of a structure, other than as listed in FWRC 19.110.060, may exceed the applicable height limitation established for each use in this title.

(Ord. No. 90-43, § 2(115.60(1)), 2-27-90. Code 2001 § 22-1046.)

Cross references: Buildings and building regulations, FWRC Title 13; district regulations, FWRC Title 19, Division VI.

The following modifications apply to the height limitations of this title:

(1) Unless otherwise provided in subsections (2) and (3) of this section:

(a) Rooftop appurtenances may exceed the applicable height limitation by a maximum of four feet, if the area of all appurtenances and screening does not exceed 10 percent of the total area of the building footprint. These appurtenances must be located in such a way as to minimize view blockage.

(b) Appurtenances that do not meet the standards of subsection (1)(a) of this section may be permitted using process I if the director determines that, based on accurate graphic representations provided by the applicant, views from adjacent properties will not be significantly affected.

(c) Any appurtenance, other than chimneys and antennas, must be screened from all streets and nearby properties. See FWRC 19.110.070.

(2) For dwelling units:

(a) Vents and chimneys may exceed the maximum height limit.

(b) Rod, wire, dish and other antennas, other than as specified in subsection (3) of this section, may be placed above the maximum height if approved using process I. The city will approve the application if:

(i) Views across the subject property are not substantially impaired; and

(ii) The antenna must be placed above the roofline in order to function properly.

(3) A radio tower and antenna structure for use by a noncommercial, licensed amateur operator may be approved through process III, if the city determines that:

(a) The radio tower and antenna structure is placed to minimize its visibility from adjoining properties, while still permitting effective operation;

(b) The radio tower and antenna structure does not extend higher than reasonably necessary to operate effectively; and

(c) The use of the antenna will not materially interfere with radio and television reception on nearby properties.

In making its decision on the application, the city shall take into consideration the strong federal interest in promoting amateur communications and the rules adopted by the Federal Communications Commission regulating such facilities.

If the city approves the radio tower and antenna structure, it may impose limitations to mitigate or eliminate any adverse impacts. This may include, but is not limited to, requiring the use of a telescoping antenna, which would only be extended during limited periods when the antenna is in use.

(Ord. No. 25-1016, § 13, 6-3-25; Ord. No. 09-594, § 152, 1-6-09; Ord. No. 07-573, § 39, 12-4-07; Ord. No. 00-375, § 20, 2000; Ord. No. 90-43, § 2(115.60(2)), 2-27-90. Code 2001 § 22-1047.)

Cross references: Buildings and building regulations, FWRC Title 13; district regulations, FWRC Title 19, Division VI.

(1) Generally. Except as specified in subsection (2) of this section, vents, mechanical penthouses, elevator equipment and similar appurtenances that extend above the roofline must be surrounded by a solid sight-obscuring screen that meets the following criteria:

(a) The screen must be integrated into the architecture of the building.

(b) The screen must obscure the view of the appurtenances from adjacent streets and properties.

(2) Exemptions. The following shall be exempted from the provisions of this section:

(a) Rod, wire and dish antennas allowed under FWRC 19.110.060 are exempt from the requirements of this section, if the screening would interfere with the effective operation of the antenna.

(b) A painted appurtenance is exempt from the requirements of this section if the director of community development determines that painting will be as effective in minimizing rooftop clutter as would a solid sight-obscuring screen.

(Ord. No. 90-43, § 2(115.120), 2-27-90. Code 2001 § 22-960.)

Cross references: Buildings and building regulations, FWRC Title 13; signs, Chapter 19.140 FWRC.

(1) Generally. The size of single-story buildings, and/or the total amount of new single-story construction that can occur on a site may exceed the limits of 16,000 gross square feet as required by Chapter 19.230 FWRC, if approved by the director using the provisions in this section. The intent of this section is to encourage creative design proposals and urban-scale, pedestrian-oriented development, by allowing single-story buildings and/or single-story construction on a site to exceed the limits of 16,000 square feet, based on the nature and extent to which a project incorporates a mix of uses, multiple-story buildings, and/or public on-site open space.

(2) Formula. The following formula establishes the incremental increases beyond 16,000 gross square feet that may be added to an existing or proposed single-story building(s) anywhere on the site, in exchange for the specified uses and building forms:

(a) One thousand square feet may be added in exchange for each 1,000 square feet of a principal use(s) contained in an attached or detached mixed-use/multiple-story building.

(b) Two thousand square feet may be added in exchange for each dwelling unit contained in an attached or detached mixed-use/multiple-story building.

(c) One thousand square feet may be added in exchange for each five parking stalls contained in an attached or detached parking structure.

(d) One thousand square feet may be added in exchange for each 1,000 square feet of public on-site open space; provided, that it is located and designed according to the definition and design criteria for public on-site open space set forth in Chapter 19.115 FWRC.

(3) Modifications. The director may approve minor modifications to the above formula based on unusual site conditions or unique design proposals, provided the resulting project is consistent with comprehensive plan policies promoting urban-scale, pedestrian-oriented development in the city center, and meets all other applicable development regulations and design standards.

(4) Exclusion from size limits. Those portions of a ground floor that are covered by upper floor space, within buildings approved under this section, are excluded from the size limits of Chapter 19.80 FWRC.

(Ord. No. 23-977, § 6, 12-5-23; Ord. No. 09-593, § 30, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 06-515, § 3, 2-7-06. Code 2001 § 22-977. Formerly 19.225.130, 19.230.150.)

Cross references: Off-street parking, Chapter 19.130 FWRC; city center core, Chapter 19.225 FWRC; city center frame, Chapter 19.230 FWRC.

The purpose of this chapter is to:

(1) Implement community design guidelines by:

(a) Adopting design guidelines in accordance with land use and development policies established in the Federal Way comprehensive plan and in accordance with crime prevention through environmental design (CPTED) guidelines.

(b) Requiring minimum standards for design review to maintain and protect property values and enhance the general appearance of the city.

(c) Increasing flexibility and encouraging creativity in building and site design, while assuring quality development pursuant to the comprehensive plan and the purpose of this chapter.

(d) Achieving predictability in design review, balanced with administrative flexibility to consider the individual merits of proposals.

(e) Improving and expanding pedestrian circulation, public space, and pedestrian amenities in the city.

(2) Implement crime prevention through environmental design (CPTED) principles by:

(a) Requiring minimum standards for design review to reduce the rate of crime associated with persons and property, thus providing for the highest standards of public safety.

(b) CPTED principles are functionally grouped into the following three categories:

(i) Natural surveillance. This focuses on strategies to design the built environment in a manner that promotes visibility of public spaces and areas.

(ii) Access control. This category focuses on the techniques that prevent and/or deter unauthorized and/or inappropriate access.

(iii) Ownership. This category focuses on strategies to reduce the perception of areas as “ownerless” and, therefore, available for undesirable uses.

(c) CPTED principles, design guidelines, and performance standards will be used during project development review to identify and incorporate design features that reduce opportunities for criminal activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices about their targets. In general:

(i) The greater the risk of being seen, challenged, or caught, the less likely they are to commit a crime.

(ii) The greater the effort required, the less likely they are to commit a crime.

(iii) The lesser the actual or perceived rewards, the less likely they are to commit a crime.

(d) Through the use of CPTED principles, the built environment can be designed and managed to ensure:

(i) There is more chance of being seen, challenged, or caught;

(ii) Greater effort is required;

(iii) The actual or perceived rewards are less; and

(iv) Opportunities for criminal activity are minimized.

(Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 34, 1-6-09; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-382, § 3, 1-16-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 96-271, § 3, 7-2-96. Code 2001 § 22-1630.)

Applications subject to community design guidelines and crime prevention through environmental design (CPTED) shall be processed as a component of the governing land use process, and the director shall have the authority to approve, modify, or deny proposals under that process. Unlike development standards in the zoning code, this chapter contains guidelines that are written as performance objectives for achieving siting and design solutions for each development on each unique site.

Decisions under this chapter will consider proposals on the basis of individual merit and will allow for creative design solutions to achieve the stated purpose and objectives of this chapter. To further such creative design alternatives, and in recognition of site-specific opportunities and constraints, decisions under this chapter may allow for limited departure from any specific or numeric provisions contained in these guidelines, provided the end result is consistent with the purpose of this chapter. Decisions under this chapter are appealable using the appeal procedures of the applicable land use process.

(Ord. No. 23-977, § 7, 12-5-23; Ord. No. 13-750, § 3, 11-5-13; Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-382, § 3, 1-16-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-271, § 3, 7-2-96. Code 2001 § 22-1631.)

This chapter shall apply to all development applications except single-family residential, middle housing, and those uses exempted in specific sections, subject to this title, Zoning and Development Code. Project proponents shall demonstrate how each CPTED principle is met by the proposal, or why it is not relevant, by either a written explanation or by responding to a checklist prepared by the city. Subject applications for remodeling or expansion of existing developments shall meet only those provisions of this chapter that are determined by the director to be reasonably related and applicable to the area of expansion or remodeling. This chapter in no way should be construed to supersede or modify any other city codes, ordinances, or policies that apply to the proposal.

(Ord. No. 25-1016, § 14, 6-3-25; Ord. No. 17-834, § 6, 5-16-17; Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-382, § 3, 1-16-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-271, § 3, 7-2-96. Code 2001 § 22-1632.)

The following is a list of general strategies that are encouraged to be addressed in a security program for new stacked multifamily dwelling units, senior housing, or special needs housing:

(1) Develop written security policies and an emergency management plan, including evacuation procedures.

(2) Provide illumination in all areas of the building, including parking facilities and entryways to buildings, according to requirements of the Illuminating Engineering Society (IES) Lighting Handbook.

(3) Ensure that the lobby and the area immediately outside its doors are free of places of concealment for persons.

(4) Install large glass panels in lobby doors.

(5) Design buildings so that the elevator area is fully visible throughout the lobby. On levels other than the lobby floor, elevators should open directly to hallways, without recesses or blind corners that restrict two-way visibility.

(6) Locate laundry rooms in a more active area of the building, adjacent to common space or the main lobby, and install large glass windows in the laundry room.

(7) Keep laundry rooms and exercise rooms secure and accessible by residents.

(8) Locate mailboxes and mail rooms adjacent to the main lobby of the building.

(9) Store keys in a secure location and control their distribution.

(10) Control access into the building by locking all exterior entrances, including accessible roof openings, doors to accessible balconies and terraces, and parking garage entrances. Provide automatic door closures, as needed.

(11) Provide deadbolt locks, peepholes, and safety chains (night latches) on resident doors.

(12) Install a functioning high quality video monitoring system with cameras located in the lobby, elevator, playground, and parking lot.

(13) Keep plants and shrubs trimmed to provide for visibility of the building and surrounding property.

(14) Trim tree branches up from the ground in order to discourage the possibility of a person hiding.

(15) Make sure fences can be seen through.

(16) Post the site and building addresses clearly.

(Ord. No. 17-834, § 7, 5-16-17.)

(1) General criteria.

(a) Natural amenities such as views, significant or unique trees, or groupings of trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design.

(b) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping.

(c) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure.

(d) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures.

(e) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and, therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry facilities near play equipment in multiple-family residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity.

(f) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to happen.

(g) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to commit a crime. A cared-for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that do not display such characteristics.

(2) Surface parking lots.

(a) Site and landscape design for parking lots are subject to the requirements of Chapter 19.125 FWRC.

(b) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage.

(c) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts.

(d) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement.

(e) See FWRC 19.115.090 for supplemental guidelines.

(3) Parking structures (includes parking floors located within commercial buildings).

(a) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage.

(b) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials.

(c) Parking structures should incorporate methods of articulation and accessory elements, pursuant to FWRC 19.115.060(3)(b), on facades located above ground level.

(d) Buildings built over parking should not appear to “float” over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms.

(e) Top deck lighting on multi-level parking structures shall be architecturally integrated with the building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not permitted.

(f) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens.

(g) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain-link fencing is not permitted for garage security fencing.

(h) See FWRC 19.115.090(3)(d) for supplemental guidelines.

(4) Pedestrian circulation and public spaces.

(a) Primary entrances to buildings, except for attached dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated.

(b) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged.

Figure 1 – FWRC 19.115.050(4)

Figure 2 – FWRC 19.115.050(4)

(c) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights-of-way.

(d) Bicycle racks should be provided for all commercial developments.

(e) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, fencing, etc., should be incorporated into the site design.

(f) See FWRC 19.115.090 for supplemental guidelines.

(5) Landscaping. Refer to Chapter 19.125 FWRC for specific landscaping requirements and for definitions of landscaping types referenced throughout this chapter.

(6) Commercial service and institutional facilities. Refer to FWRC 19.125.040 and 19.125.150 for requirements related to garbage and recycling receptacles, placement and screening.

(a) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities.

Service yards shall comply with the following:

(i) Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners.

(ii) Trash and recycling receptacles shall include covers to prevent odor and wind-blown litter.

(iii) Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors.

(iv) Chain-link fencing shall not be used where visible from public streets, on-site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used.

Figure 3 – FWRC 19.115.050(6)

Figure 4 – FWRC 19.115.050(6)

(b) Site utilities shall comply with the following:

(i) Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room.

(ii) Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways.

(7) Miscellaneous site elements.

(a) Lighting shall comply with the following:

(i) Lighting levels shall not spill onto adjacent properties pursuant to FWRC 19.105.030(3).

(ii) Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off-site glare.

(iii) Lighting standards shall not reduce the amount of landscaping required for the project by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping.

(b) Drive-through facilities, such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following:

(i) Drive-through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate screening.

(ii) The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient.

(iii) Drive-through speakers shall not be audible off site.

(iv) A bypass/escape lane is recommended for all drive-through facilities.

(v) See FWRC 19.115.090(4) for supplemental guidelines.

(Ord. No. 25-1016, § 15, 6-3-25; Ord. No. 23-977, § 8, 12-5-23; Ord. No. 23-949, § 10, 2-7-23; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-382, § 3, 1-16-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 96-271, § 3, 7-2-96. Code 2001 § 22-1634.)

(1) General criteria.

(a) Emphasize, rather than obscure, natural topography. Buildings should be designed to “step up” or “step down” hillsides to accommodate significant changes in elevation, unless this provision is precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed function or use of the site. See FWRC 19.120.110 for related standards for development on sites with slopes of 15 percent or greater.

Figure 5 – FWRC 19.115.060(1)

(b) Building siting or massing shall preserve public viewpoints as designated by the comprehensive plan or other adopted plans or policies.

(c) Materials and design features of fences and walls should reflect that of the primary building(s) and shall also meet the applicable requirements of FWRC 19.120.120, Rockeries and retaining walls.

(2) Building facade modulation and screening options, defined. Except for attached dwelling units, all building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case-by-case basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See FWRC 19.115.090(3) for guidelines pertaining to city center core and city center frame.

(a) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60 feet. Alternative methods to shape a building, such as angled or curved facade elements, off-set planes, wing walls and terracing, will be considered; provided, that the intent of this section is met.

Figure 6 – FWRC 19.115.060(2)

(b) Landscape screening. Eight-foot-wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width required by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, may be considered in meeting the landscape width requirement of this section.

Figure 7 – FWRC 19.115.060(2)

(c) Canopy or arcade. As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option.

Figure 8 – FWRC 19.115.060(2)

(d) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way.

Figure 9 – FWRC 19.115.060(2)

(3) Building articulation and scale.

(a) Except for attached dwelling units, building facades visible from rights-of-way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in subsection (3)(b) of this section.

Figure 10 – FWRC 19.115.060(3)

Figure 11 – FWRC 19.115.060(3)

(b) Methods to articulate blank walls. Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWRC 19.125.040(22) and subsection (3)(a) of this section:

(i) Showcase, display, recessed windows;

(ii) Window openings with visible trim material, or painted detailing that resembles trim;

(iii) Vertical trellis(es) in front of the wall with climbing vines or similar planting;

(iv) Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall’s surface;

(v) Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts commission may be used as an advisory body at the discretion of the planning staff);

(vi) Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings;

(vii) Material variations such as colors, brick or metal banding, or textural changes; and

(viii) Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities.

(c) See FWRC 19.115.090(3) for supplemental guidelines.

Figure 12 – FWRC 19.115.060(3)

Figure 13 – FWRC 19.115.060(3)

(4) Methods to reduce building massing. The following is a nonexclusive list of methods to be utilized in construction of buildings in order to reduce their impacts on development located in an adjoining zoning district that permits less intensive residential or commercial uses:

(a) Reduce the apparent bulk of a building by breaking it into several smaller masses and varying the roof line with architectural elements.

(b) Consider options such as upper level setbacks in order to minimize bulk and shadow impacts on adjacent development.

(Ord. No. 25-1016, § 16, 6-3-25; Ord. No. 23-977, § 9, 12-5-23; Ord. No. 17-834, § 8, 5-16-17; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-382, § 3, 1-16-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 96-271, § 3, 7-2-96. Code 2001 § 22-1635.)

(1) Building and pedestrian orientation, for all buildings except attached dwelling units.

(a) Buildings should generally be oriented to rights-of-way, as more particularly described in FWRC 19.115.090. Features such as entries, lobbies, and display windows should be oriented to the right-of-way; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof should be incorporated into the street-oriented facade.

(b) Plazas, public open spaces and entries should be located at street corners to optimize pedestrian access and use.

Figure 14 – FWRC 19.115.070(1)

(c) All buildings adjacent to the street should provide visual access from the street into human services and activities within the building, if applicable.

(d) Multiple buildings on the same site should incorporate public spaces (formal or informal). These should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways, to provide a clear view to destinations, and to create a unified, campus-like development.

(Ord. No. 25-1016, § 17, 6-3-25; Ord. No. 23-977, § 10, 12-5-23; Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-382, § 3, 1-16-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 96-271, § 3, 7-2-96. Code 2001 § 22-1636.)

Facades of mixed-use buildings that front a public right-of-way shall meet the following guidelines:

(1) Residential component(s) shall contain residential design features and details, such as individual windows with window trim, balconies or decks in upper stories, bay windows that extend out from the building face, upper story setbacks from the building face, gabled roof forms, canopies, overhangs, and a variety of materials, colors, and textures.

Figure 15 – FWRC 19.115.080(1)

(2) Commercial component(s) shall contain individual or common ground-level entrances to adjacent public sidewalks.

(3) Commercial and residential components may have different architectural expressions, but the facade shall exhibit a number of unifying elements to produce the effect of an integrated project.

(4) If parking occupies the ground level, see FWRC 19.115.050(3).

(5) Landscaped gardens, courtyards, or enclosed terraces for private use by residents should be designed with minimum exposure to the right-of-way.

(Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-382, § 3, 1-16-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 96-271, § 3, 7-2-96. Code 2001 § 22-1637.)

In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts and/or overlay areas:

(1) Professional office (PO), neighborhood business (BN), and community business (BC).

(a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4).

(b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation.

(c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass.

(d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features.

(e) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area.

(f) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined by Chapter 19.125 FWRC, shall utilize vinyl-coated mesh, powder-coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.

For residential uses only:

(g) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets.

(h) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas.

(i) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk.

(j) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields.

Figure 16 – FWRC 19.115.090(1)

(k) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them.

Figure 17 – FWRC 19.115.090(1)

(l) Common recreational spaces shall be located and arranged so that windows overlook them.

Figure 18 – FWRC 19.115.090(1)

(m) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households.

Figure 19 – FWRC 19.115.090(1)

(n) All new buildings, including accessory buildings such as carports and garages in PO and BN zones only, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12.

Figure 20 – FWRC 19.115.090(1)

(o) Carports and garages in front yards should be discouraged.

(p) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way, public park, or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline.

(q) Buildings should be designed to have a distinct base, middle and top. The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc.

Figure 21 – FWRC 19.115.090(1)

(r) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim.

(s) Subsection (1)(n) of this section shall apply to self-service storage facilities.

(2) Office park (OP) and commercial enterprise (CE).

(a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4).

(b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way.

(c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass.

(d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features.

(e) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area.

(f) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl-coated mesh, powder-coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.

For non-single-family residential uses only:

(g) Subsections (1)(g) through (1)(r) of this section shall apply.

(3) City center frame (CC-F).

(a) The city center frame contains transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced.

Therefore, parking shall be located behind building(s), with building(s) located between rights-of-way and the parking area(s), or in structured parking. Any surface parking and driving areas located along a right-of-way may not occupy more than 40 percent of the project’s linear frontage along principal pedestrian right(s)-of-way, as determined by the director.

(b) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way.

(c) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines:

(i) Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments.

(ii) Secondary facades not containing a major building entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian-oriented than in subsection (3)(c)(i) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping.

(iii) Principal facades of single-story buildings with more than 16,000 square feet of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or “storefronts” framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance.

(d) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-way nearest to the principal building entrance. Multiple-tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six feet, and shall be protected from abutting parking and vehicular circulation areas with landscaping.

(e) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FWRC 19.115.050(7)(b)(ii), (7)(b)(iii), and (7)(b)(iv).

(f) Above-grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level:

(i) Retail, commercial, or office uses that occupy at least 50 percent of the building’s lineal frontage along the right-of-way; or

(ii) A 15-foot-wide strip of Type III landscaping along the base of the facade; or

(iii) A decorative grille or screen that conceals interior parking areas from the right-of-way.

(g) Facades of parking structures shall be articulated above the ground level pursuant to FWRC 19.115.060(3)(a).

(h) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area.

(i) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used.

(j) For residential uses, subsections (1)(g) through (1)(j), (1)(l), (1)(m), (1)(o), (1)(q), and (1)(r) of this section shall apply.

(4) City center core (CC-C).

(a) Parking structures.

(i) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials.

(ii) Lighting shall be architecturally integrated with the building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not permitted.

(iii) Security grilles for parking structures shall be architecturally consistent and integrated with the overall building design.

(iv) Any roof deck parking shall be treated as a surface parking lot and shall incorporate required landscaping or architectural equivalent.

(v) Parking structures shall be designed so that vehicles parked within the parking structure are not visible from the street.

(b) Pedestrian priority.

(i) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from each of the rights-of-way. Multi-tenant developments shall provide pedestrian walkways connecting all major business entrances on the site to the right-of-way. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six feet.

(ii) Drive-through facilities and stacking lanes shall not be allowed.

(iii) Street wall. The building shall provide a near-continuous street wall for the length of the property breaking only for driveways, private or public outdoor spaces, and limited convenience parking. Where surface parking is provided on site, the presence of the parking will be minimized and separated from any adjacent pedestrian pathways by a three-foot-tall solid wall or three-foot-tall solid, continuous evergreen shrub hedge, and either trees or six-foot vertical ornamental design features spaced at a minimum of every 30 feet, designed to be compatible with the project.

(iv) Pedestrian weather protection.

(A) Weather protection shall be included at all public building entrances.

(B) Weather protection shall be allowed to overhang the sidewalks within public rights-of-way when permitted by a right-of-way use permit, but shall not extend over the drive lanes.

(C) Pedestrian weather protection shall include the following:

(I) Where a building wall is adjacent to a pedestrian walkway, weather protection at least four feet in width along at least 50 percent of the building facade will be provided where there is an adjacent pedestrian way. The weather protection may be in the form of awnings, marquees, canopies, or building overhangs.

(II) Canopies or awnings shall not extend higher than 15 feet above ground level or lower than eight feet at the lowest point.

(III) The pedestrian covering shall be constructed of high-quality materials such as glass, metal, or similar compatible material with the building, as determined by the director.

(v) Pedestrian areas and amenities, including but not limited to plazas, courtyards, outdoor seating and serving areas, shall be incorporated in the overall site design for every project.

(c) Fencing. Galvanized chain-link fences, electrified fencing, and barbed or razor wire shall not be permitted.

(d) Architectural guidelines. The provisions of this subsection do not apply to those properties located in the downtown architectural overlay, which are governed by subsection (5) of this section.

(i) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of-way, and/or from adjacent principal pedestrian pathways.

(ii) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines:

(A) Principal facades containing an entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities.

(B) Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments.

(C) Secondary facades not containing a major building entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian-oriented such as a combination of structural modulation, architectural articulation, and foundation landscaping.

(e) Mechanical equipment standards.

(i) Exhaust/venting, trash containers, and noise-generating mechanical systems shall not be placed adjacent to pedestrian walkways in a manner that diminishes the comfort or experience of pedestrians.

(ii) Screening is required for all exterior mechanical equipment. Screening will be placed on all exposed sides (except when a side or sides are immediately adjacent to the building). All screening will be architecturally compatible with the building architecture and will be at least as tall as the highest point of the equipment.

(f) Commercial service and institutional facilities. Refer to FWRC 19.125.150 and 19.125.040 for requirements related to garbage and recycling receptacles, placement, and screening.

(g) Commercial services relating to loading, storage, trash and recycling shall be located in such a manner as to minimize their disruption to public circulation and minimize visibility into such facilities. In addition, service yards shall comply with the following:

(i) Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners.

(ii) Trash and recycling receptacles shall include covers to prevent odor and wind-blown litter.

(iii) Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors.

(h) Site utilities shall comply with the following:

(i) Building utility equipment such as electrical panels and junction boxes shall be located in an interior utility room or provided in an underground vault unless site circumstances prohibit these approaches.

(ii) Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) shall not be the dominant element of a provided landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, signs, and/or driveways.

(iii) Areas dedicated for utilities or service needs will be depicted on the site plan.

(i) Pedestrian priority. Drive-through facilities are prohibited.

(5) Downtown architectural overlay (DT).

(a) Vision. Within the downtown architectural overlay, the city desires a Northwest contemporary style of buildings. To achieve this vision, buildings are expected to fill the properties they are located on with little or no property uncovered by buildings. Portions of the property uncovered by buildings will provide either thoughtful community gathering spaces or small, convenient parking necessary for successful businesses.

(b) Building architecture. Buildings shall have a simple building base, and flat roofs with a cornice or similar architectural element designed with depth and detail expressing the top of the building wall. Cornices or similar architectural elements shall be well detailed and of significant proportions (height and depth) that create visual interest and shadow lines. Variation and articulation shall be applied across the facade both vertically and horizontally to create rhythm and visual interest to break up the building mass and to create a more interesting streetscape for pedestrians. This will help larger buildings appear less massive and more humanly proportioned.

(c) Materials. The richness of color and texture inherent in the materials available in the Northwest will be emphasized by layering and mixing cool and warm materials to create a well-rounded palette. Cool materials include steel, concrete, glass, and white/gray/black brick. Warm materials include natural brick and wood. Materials like metal panel, concrete, and brick can be warm or cool as desired for contrast.

(d) Examples. Illustrative examples of Northwest contemporary style in both picture and text format are included below. The standards for building architecture have been presented as lists of appropriate and inappropriate elements. This technique has been adopted to offer designers some flexibility and creativity in building design, while providing a clear expectation for architectural style:

(e) Structured parking. Parking structures shall be designed so that vehicles parked within the parking structure are not visible from the street.

(6) For all residential zones.

(a) Nonresidential uses. Subsections (1)(a) through (1)(f), (1)(p) and (1)(q) of this section shall apply.

(b) Residential uses except for single-family residential, middle housing, and attached dwelling units. Subsections (1)(g) through (1)(r) of this section shall apply.

(c) Attached dwelling units. Subsections (1)(j), (1)(l) through (1)(o), and (1)(r) of this section shall apply.

(Ord. No. 25-1016, § 18, 6-3-25; Ord. No. 23-977, § 11, 12-5-23; Ord. No. 23-949, § 11, 2-7-23; Ord. No. 22-932, § 20, 5-3-22; Ord. No. 10-678, § 5, 12-7-10; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 36, 1-6-09; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 05-506, § 3, 10-18-05; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-382, § 3, 1-16-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 96-271, § 3, 7-2-96. Code 2001 § 22-1638.)

In all zoning districts where such uses are permitted the following shall apply:

(1) FWRC 19.115.050, 19.115.060 and 19.115.070.

(2) FWRC 19.115.090(1)(a), (b), (e), (f), (h) and (i).

(3) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way or public park or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline.

(4) Roof design shall utilize forms and materials that avoid the general appearance of a “flat” roof. Rooflines with an integral and obvious architectural pitch are an approved method to meet this guideline. Alternative distinctive roof forms such as varied and multiple stepped rooflines, architectural parapets, articulated cornices and fascias, arches, eyebrows, and similar methods will be considered by the director; provided, that the roof design minimizes uninterrupted horizontal planes and results in architectural and visual appeal.

(5) Alternative methods to organize and shape the structural elements of a building and provide facade treatment pursuant to FWRC 19.115.060(2) and/or subsection (3) of this section will be considered by the director as part of an overall design that addresses the following criteria:

(a) Facade design incorporates at least two of the options listed at FWRC 19.115.060(2);

(b) The location and dimensions of structural modulations are proportionate to the height and length of the subject facade, using FWRC 19.115.060(2) and subsection (3) of this section as a guideline;

(c) Facade design incorporates a majority of architectural and accessory design elements listed at FWRC 19.115.060(3)(b) and maximizes building and pedestrian orientation pursuant to FWRC 19.115.070; and

(d) Overall building design utilizes a combination of structural modulation, facade treatment, and roof elements that organize and vary building bulk and scale, add architectural interest, and appeal at a pedestrian scale, and, when viewed from an adjacent residential zone, right-of-way, or other public area, results in a project that meets the intent of these guidelines.

(6) The director may permit or require modifications to the parking area landscaping standards of FWRC 19.115.090(1)(h) for landscape designs that preserve and enhance existing natural features and systems; provided, that the total amount of existing and proposed landscaping within parking area(s) meets the applicable square footage requirement of Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, and the location and arrangement of such landscaping is approved by the director. Existing natural features and systems include environmentally sensitive areas, stands of significant trees and native vegetation, natural topography and drainage patterns, wildlife habitat, migration corridors, and connectivity to adjacent habitats.

(7) Lighting fixtures shall not exceed 30 feet in height and shall include cutoff shields.

(Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 03-443, § 3, 5-20-03. Code 2001 § 22-1639.)

In all zoning districts where such uses are permitted the following shall apply:

(1) Self-service storage facilities are only permitted within multistory structures designed to emulate multifamily or office buildings. Self-service storage facilities buildings shall incorporate architectural and design features common to commercial and/or multifamily development. Examples of such architectural and design features include but are not limited to: massing, proportion, facade modulation, exterior building materials and detailing, varied roof line, pedestrian scale, fenestration, and repetition.

(2) At least 40 percent of each floor of any principal facade located along a right-of-way must contain transparent glass, or material that emulates glass, such as polycarbonate, acrylic mirror sheeting, or other reflective or transparent material. All reflective or transparent materials used to satisfy this section’s requirements, other than transparent glass, must be approved by the director of the community development department.

(3) Roofline variation is required for any rooflines that exceed 50 feet in length. Roofline variation shall be achieved using one or more of the following methods:

(a) Vertical offset ridge line; or

(b) Horizontal offset ridge line; or

(c) Variations of roof pitch.

Figure 22 – FWRC 19.115.105(3)

Roofline Variation

(4) The maximum building facade length is 100 linear feet, regardless of modulation, for any facade located within 50 feet of and facing a residential zoned property or right-of-way.

(5) All storage units shall be accessed from the interior of the building(s) or site – no exterior unit doors may be visible from the right-of-way or from adjacent properties.

(6) Chain-link fences shall not be allowed.

(Ord. No. 18-853, § 3, 8-14-18.)

The following guidelines apply to public space that is developed pursuant to Chapter 19.225 FWRC. All public space proposed under this section shall meet the definition of “public space” as set forth in this title and all of the following criteria:

(1) The total minimum amount of public space that shall be provided in exchange for bonus height is equal to 2.5 percent of the bonus floor area, in gross square feet; provided, that the total public space area shall not be less than 500 square feet.

(2) The public space may be arranged in more than one piece if appropriate to the site context, as determined by the director.

(3) The public space shall abut on, or be clearly visible and accessible from, a public right-of-way or pedestrian pathway.

(4) The public space shall be bordered on at least one side by, or be readily accessible from, structure(s) with entries to retail, office, housing, civic/public uses, or another public space.

(5) The open space shall not be located on asphalt or gravel pavement, or be adjacent to unscreened parking lots, chain-link fences, or on-site blank walls, and may not be used for parking, loading, or vehicular access.

(6) The open space shall be sufficiently designed and appointed to serve as a major focal point and public gathering place. It shall include a significant number of pedestrian-oriented features, furnishings, and amenities typically found in plazas and streetscapes, and as defined in this title, such as seating or sitting walls, lighting, weather protection, special paving, landscaping, trash receptacles, and bicycle racks. In addition, the open space(s) should provide one or more significant visual or functional amenity such as a water feature, artwork, or public restroom, and should allow for active uses such as vending, farmers’ markets, live performing arts space, and art shows.

(Ord. No. 09-604, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 37, 1-6-09; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-382, § 3, 1-16-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 96-271, § 3, 7-2-96. Code 2001 § 22-1640.)

The following guidelines apply to residential usable open space that is developed pursuant to FWRC 19.200.100, 19.205.070, 19.215.150, 19.220.050, 19.220.080, 19.225.070, 19.225.075, 19.230.060, 19.230.065, and 19.240.085.

(1) Common open space. All common open space proposed under this section shall meet the definition of “open space, common” as set forth in this title and all of the following criteria:

(a) The common open space must be a minimum of 225 square feet and have a minimum dimension of 15 feet. The inclusion of additional contiguous open space areas that have smaller dimensions, but enhance the use and enjoyment of the overall larger space, may be credited toward the overall minimum usable open space requirement subject to director approval.

(b) Indoor common areas such as recreation/workout rooms, swimming pools, and gathering spaces that meet the criteria of this section may be counted as common open space subject to the criteria in this section.

(c) The common open space shall be readily visible and accessible from structure(s) with entries to residential units.

(d) The common open space shall not be located on asphalt or gravel pavement, or be adjacent to unscreened parking lots, chainlink fences, or blank walls, and may not be used for parking, loading, or vehicular access.

(e) Pedestrian access ways shall only be counted as common open space when the pedestrian path or walkway traverses a common open space that is 15 feet or wider.

(f) The common open space shall be sufficiently designed and appointed to serve as a major focal point and gathering place. Common open spaces shall include a significant number of pedestrian-oriented features, furnishings, and amenities typically found in plazas and recreational open space, such as seating or sitting walls, lighting, weather protection, special paving, landscaping, and trash receptacles. In addition, the common open space(s) should provide one or more significant visual or functional amenities such as a water feature, fireplace, and/or artwork, and should allow for active uses such as physical exercise, children’s play area, gathering area for group social events, and p-patch or other gardening activity.

(2) Private open space. A minimum of 48 square feet with a minimum dimension of six feet will be credited to usable open space.

(3) Publicly accessible open space. Publicly accessible open spaces provided on site may be credited toward the minimum residential usable open space requirement, as long as the open space is directly accessible to and available to residents for their use. Only the portion of the public open space directly accessible to and available to residents for their use may be credited toward the residential usable open space requirement.

(4) Fee-in-lieu option. A fee-in-lieu payment may be made to satisfy up to 50 percent of the residential usable open space requirement for the development of public parks and recreation improvements. Fee-in-lieu acceptance shall be at the discretion of the parks director after consideration of the city’s overall park plan, and the quality, location, and usability of the open space that would otherwise be provided on the project site. If the city determines that a fee-in-lieu is appropriate, a payment of an equivalent fee in lieu of the required open space shall be made.

The fee in lieu of open space shall be calculated based on the most recent assessed value of the subject property, or in the absence of an assessment, an appraisal conducted by a state-certified real estate appraiser. If the applicant offers to pay fee in lieu of open space, and if the city accepts the offer, the amount shall be determined based upon the square footage of open space that otherwise would have been required to be provided, multiplied by the assessed or appraised value per square foot of the property. By choosing the fee-in-lieu option, the applicant agrees that the city will not be restricted to using the fees in the park comprehensive planning area that the subject property falls within. See also FWRC 19.100.070.

(Ord. No. 23-968, § 31, 9-5-23; Ord. No. 17-834, § 9, 5-16-17; Ord. No. 12-727, § 5, 9-18-12.)

The purpose of this article is:

(1) To promote the public health, safety, and welfare of the citizens of Federal Way without preventing the reasonable development of land.

(2) To promote building and site planning practices that are consistent with natural topography, soils, and vegetative features, and minimize disturbance to vegetation and soils.

(3) To preserve and enhance the city of Federal Way’s physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees and vegetation and preserving important landscape characteristics that define aesthetic character, such as trees, important vegetation species, and unique landforms or other natural features to the maximum extent possible.

(4) To establish and maintain the urban tree canopy and its benefits including:

(a) Moderating the effects of wind and temperature;

(b) Minimizing the impacts of impervious surfaces;

(c) Stabilizing and enriching the soil;

(d) Improving air quality;

(e) Improving water quality;

(f) Masking unwanted sound;

(g) Providing visual relief and screening buffers;

(h) Providing recreational benefits;

(i) Enhancing the economic value of developments; and

(j) Preserving and enhancing a valuable asset to the community as a whole.

(5) To establish procedures and review criteria for approval of Class IV – General forest practices.

(6) To encourage site development, including clearing, excavation, and filling, in such a manner as to minimize hazards to life, health, and property.

(7) To minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies.

(8) To minimize the need for additional storm drainage facilities.

(9) To protect fish, wildlife, and their habitats by promoting the retention and restoration of vegetation in habitat areas.

(10) To ensure prompt development, restoration, replanting, and effective erosion control of property after land clearing and grading.

(Ord. No. 09-611, § 3(Exh. A), 4-7-09; Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) This article shall not apply to development proposals that submitted a complete application prior to the effective date of the ordinance codified in this chapter.

(2) Clearing and grading plan approval required. No person shall remove any trees, make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the city of Federal Way without first obtaining approval of a clearing and grading plan by the director; except for those activities that are exempt as described in FWRC 19.120.030.

(3) Tree and vegetation retention plan approval required. No person shall remove any trees on a site without first obtaining approval of a tree retention plan by the director; except for those activities that are exempt as described in FWRC 19.120.030. Tree and vegetation removal may also require Class IV – General forest practices application approval as administered by the city of Federal Way per FWRC 19.120.180 et seq.

(4) Application review process.

(a) Activities requiring clearing and grading plan approval; tree and vegetation retention plan approval; and/or Class IV – General forest practices application shall be reviewed and approved in conjunction with the underlying building or land development permit application associated with the proposed activity(ies).

(b) Proposed clearing, grading, and/or tree and vegetation removal activities that are not associated with a proposed building or land development activity, nor exempt per FWRC 19.120.030, may be approved through Process III, subject to the following criteria:

(i) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands, or geologically hazardous areas, either on or off the subject property.

(ii) It will not violate any express policy of the city.

(iii) It meets at least one of the following criteria:

(A) It is necessary to correct an erosion or drainage problem on an undeveloped site.

(B) It is necessary to create new utility or access corridors.

(C) Other unusual circumstances exist which make it reasonable to permit clearing, grading, and/or tree and vegetation removal in advance of the issuance of a development permit, subdivision, or short subdivision approval, or shoreline substantial development permit.

(Ord. No. 09-611, § 3(Exh. A), 4-7-09; Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC Title 19, Division IV, critical areas, or in designated native growth protection areas. Clearing and grading activities are also subject to review under Appendix J of the International Building Code.

The following actions shall be exempt from the provisions of this article:

(1) Digging and filling for cemetery graves.

(2) Clearing and grading in a right-of-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in-kind material without expanding the road prism; and vegetation maintenance.

(3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the State Department of Natural Resources.

(4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided, that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information.

(5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way.

(6) Excavations for utility service connections to serve existing and/or new structures and that is outside any area that is within the jurisdiction of Chapter 19.145 FWRC.

(7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director.

(8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subject property.

(9) Tree and vegetation removal actions conducted on a lot in the SE or RS zone that contains one or more dwelling units together with any contiguous lots under the same ownership that are being maintained for the use and enjoyment of the homeowner(s) that comply with the following criteria:

(a) Any trees or vegetation removed must be outside any area that is within the jurisdiction of Chapter 19.145 FWRC.

(b) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code.

(c) Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subject property and will not change the quality or velocity of stormwater or groundwater.

(d) Trees with a diameter at breast height (dbh) of up to six inches and vegetation may be removed without city review and approval if criteria (9)(a) through (9)(c) of this section are met.

(e) Trees with a dbh of six inches or greater may be removed subject to the minimum tree units per acre standard established by Table 19.120.130-1 and subject to criteria (9)(a) through (9)(c) of this section.

(f) Removal of trees with a dbh of six inches or greater that will result in the subject property falling below the minimum tree units per acre standard per Table 19.120.130-1 shall require planting of replacement trees as necessary to meet the minimum tree units per acre standard, or the existing tree units per acre represented by the trees proposed for removal, whichever is less.

(g) Hazard trees and nuisance vegetation may be removed without city review and approval if criteria (9)(a) through (9)(c) of this section are met.

(10) Clearing and grading actions that comply with all of the following criteria:

(a) The subject property contains a permanent building or an active use.

(b) The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property, and will not change the quality or velocity of stormwater or groundwater.

(c) The clearing or grading activity is outside any area that is within the jurisdiction of Chapter 19.145 FWRC.

(d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of excavation and fill are calculated separately and then added together to determine total excavation and fill.

(e) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code.

(11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topping of trees as defined in Chapter 19.05 FWRC is considered tree removal, not maintenance.

(12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her designee.

(13) Removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location, design, construction, and maintenance of streets and utilities. These activities are subject to the purpose and intent of this article.

(Ord. No. 25-1016, § 19, 6-3-25; Ord. No. 23-977, § 12, 12-5-23; Ord. No. 09-630, § 34, 10-20-09; Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) In addition to the requirements of FWRC 19.15.040, a clearing and grading plan shall be submitted and include the following information:

(a) Name of person preparing the map, drawing or diagram submitted with the application, along with credentials if applicable.

(b) Identification of existing slope depicting: areas with zero percent to 15 percent slope; areas with 15 percent to 40 percent slope; and areas of 40 percent or greater slope.

(c) Proposed grades.

(d) Location of all existing and/or proposed structures, driveways, right-of-way improvements, utilities, and easements on the subject property.

(e) Designation of all wetlands, streams, and other critical areas regulated under Chapter 19.145 FWRC that is on or within 200 feet of any area to be disturbed by the proposed clearing and/or grading action.

(f) Areas proposed for clearing and the proposed use for such areas.

(g) Any proposed grade changes that might adversely affect or endanger trees on the property and/or adjacent properties, and specifications to maintain them.

(h) A minimum of two cross sections of the site, drawn to scale, depicting the existing and proposed grade and any proposed rockeries and/or retaining walls. The director may also require a three-dimensional topographic model of existing and proposed topographic conditions.

(i) Location and description of proposed erosion-control devices and structures.

(j) A geotechnical report, prepared by a geotechnical engineer, when required by the director and/or per critical area ordinance provisions for qualified professional reports that contains sufficient information to determine the potential impacts of the proposed clearing and grading, as well as proposed measures to reduce or eliminate these impacts, as may be required by the city.

(2) When a tree/vegetation retention plan in accordance with this article is required, it shall be incorporated into the clearing and grading drawings and shall become part of all construction documentation. The tree/vegetation plan must be prepared by a certified arborist or a certified landscape architect and include the following information:

(a) A statement outlining the purpose of any proposed tree removal (e.g., building construction, street or roadway, driveway, recreation area, patio, or parking lot), together with a proposed timetable for when the work will occur.

(b) A tree survey that identifies the location, approximate size, species, and number of trees on the site and also identifies the general location of trees within 50 feet of the site. For heavily forested sites, the director may allow a tree survey sample to be submitted that may be applied to the forested portions of a site in order to satisfy the tree survey requirement.

(c) A depiction of the spatial limits for tree/vegetation retention areas and details of tree/ vegetation protection measures.

(d) A depiction of any new vegetated areas to be established.

(e) The manner in which the cleared areas on the property will be reclaimed with vegetation, specification of any required mitigation plantings, and a timetable for replanting.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) Purpose. The purpose of this section is to provide a process for requesting modification from the general standards specified in this article. The director shall have the authority, consistent with the criteria provided herein, to modify specific requirements, or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purposes of this article. The applicant must demonstrate one or more of the following in order to obtain approval of a modification request:

(a) There are no feasible and reasonable alternatives to the clearing, grading or tree/vegetation removal activity being proposed;

(b) The proposed modification will result in the same or less impacts than meeting the standards;

(c) The proposed modification will meet or exceed the intent of this article;

(d) Meeting the standards would create an unacceptable risk to health or safety.

(2) Modification submittal requirements. A request for modification shall:

(a) Be submitted in the same form and according to the same terms as the required clearing and grading and/or tree and vegetation retention plan documents of this article and subject to the same enforcement requirements;

(b) Be clearly labeled as “Clearing and Grading, and/or Tree and Vegetation Retention Modification Plan”; and

(c) Clearly delineate and identify the deviations requested from the provisions of this article.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) Review of plans required under this article shall be conducted as follows:

(a) Where clearing and grading plans and/or tree and vegetation retention plans are required, the plans and/or application shall be reviewed by the departments of public works and community development services. Plan review approvals under this section are subject to the provisions of FWRC Title 16, Surface Water Management.

(b) Where the city determines that clearing and grading plans and/or tree and vegetation retention plans shall also be reviewed by the city’s consultant(s), the applicant shall cover the cost of the third party review.

(c) Where project sites contain or are adjacent to electrical substations, utility rights-of-way and/or easements, the applicant must also obtain written comment from the appropriate utility representative(s) for any required clearing, grading, or tree/vegetation retention plans.

(2) Approval and notice to proceed shall be required prior to undertaking any clearing, grading, and/or tree and vegetation removal actions pursuant to the requirements of this section. Approval and notice to proceed shall not be issued until the applicant can demonstrate readiness to proceed with the site development work and the ability to complete such work in a timely manner. The following will be considered in determining readiness:

(a) The applicant shall have received engineering plan approval for erosion control and construction of required on-site infrastructure including, roadways and stormwater facilities as allowed by the public works director; and

(b) The applicant shall have received approval of a proposed project timeline that demonstrates how site development work and revegetation of the site shall be completed per approved revegetation and landscaping plans within 12 months of commencement of site work;

(c) Projects that will not be completed within 12 months of initial clearing, grading, and tree/ vegetation removal activity shall be required to submit plans for interim aesthetic treatment of the site in its cleared and nondeveloped state that shall be subject to review under subsection (1) of this section. Methods for addressing site aesthetics in cases where a project will not be completed within a 12 month period shall include:

(i) Phased clearing, grading, and tree/vegetation removal in conjunction with phased site development as follows:

(A) Phased clearing, grading, and tree/vegetation removal shall be considered for all projects that will not be completed within 12 months of, and up to five years from, commencement of clearing, grading and tree/vegetation removal activity.

(B) Phased clearing, grading and tree/vegetation removal shall be required for all projects that will not be completed within five years of commencement of clearing, grading and tree/ vegetation removal activity.

(ii) Installation of permanent vegetation per approved plans in cases where vegetation can become established and will not be harmed during completion of site work and building construction.

(iii) Temporary revegetation and/or vegetation retention per an approved plan that provides visual screening of the site from neighboring properties and rights-of way.

(3) Approval of plans under this article shall be binding upon the applicant. Any proposed changes to approved clearing, grading, and/or tree and vegetation retention plans shall be resubmitted for review and approval subject to the applicable review process(es) associated with the permit(s) required.

(Ord. No. 09-630, § 35, 10-20-09; Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

Article II. Clearing and Grading Regulations

(1) General. The applicant shall comply with this section with respect to all clearing and grading actions. The requirements of FWRC Title 19, Division V, Environmentally Critical Areas, shall govern for proposed clearing and grading actions occurring in all critical areas.

(2) Nature of fill materials. All materials used as structural fill must be nondissolving and nondecomposing. Fill materials must not contain organic or inorganic material that would be detrimental to water quality or existing habitat, or create any other significant adverse impacts to the environment.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) Clearing and grading activities for developments shall be permitted in conjunction with an approved site development plan (e.g., subdivision approval, site plan approval, etc.) that establishes permitted areas of clearing, grading, cutting, and filling. Permitted clearing and grading areas should minimize removal of existing trees and minimize the disturbance or compaction of native soils, except as needed for building purposes. Permitted clearing and grading areas and any other areas required to preserve critical or sensitive areas, buffers, native growth protection easements, or required tree retention areas shall be delineated on the site plans.

(2) Prior to beginning clearing and grading activities, all clearing limits, sensitive areas and their buffers, and trees and vegetation that are to be preserved within and adjacent to the construction area shall be clearly marked, and protected per FWRC 19.120.160, to prevent damage.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) All natural vegetation shall be retained on the site except that which may be removed as shown on approved engineering plans.

(2) Clearing and grading shall minimize impacts to adjacent properties, and clearing, grading, and vegetation retention plans shall include protection measures for existing vegetation located on adjacent properties.

(3) If development is to be phased, clearing and grading shall also be phased unless an alternative plan for interim aesthetic treatment of the development site has been approved under FWRC 19.120.060(2)(c).

(4) Roads should follow existing contours in order to minimize grading.

(5) Development on sites with areas of slopes of 15 percent or greater shall comply with FWRC 19.120.110, development of sites with slopes of 15 percent or greater, in order to minimize grading and use of rockeries and retaining walls. Slopes are to be measured in their natural state.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with the requirements of this section. The applicant shall:

(1) Limit the maximum gradient of artificial slopes to no steeper than 33 percent or 3:1 (three feet of horizontal run to one foot of vertical fall) except that:

(a) Slopes for roadways may be constructed at a maximum slope of 2:1 (two feet of horizontal run to one foot of vertical fall) upon approval of the director; and

(b) Slopes that do not exceed six feet in height may be constructed at a maximum slope of 2:1 (two feet of horizontal run to one foot of vertical fall).

(2) Cut and fill slopes shall be designed and constructed in a manner consistent with the applicable requirements of the King County Surface Water Design Manual as amended by the city of Federal Way and FWRC Title 16, Surface Water Management, and Chapter 19.142 FWRC.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) The provisions of this section shall apply to development in areas with slopes of 15 percent or greater and with a vertical relief of six or more feet and a vertical rise of six feet or more for every 40 feet of horizontal distance. The provisions of this section are intended to specifically promote the following:

(a) Undertake development in a manner that will protect life and property from hazards due to slope, unstable and erodible soils, earth movement, and other geologic and hydrologic hazards;

(b) Reduce potential for increased erosion, sedimentation, and surface runoff, and the resulting adverse impacts on water quality;

(c) Promote a safe means of ingress and egress for vehicular and pedestrian traffic in sloped areas;

(d) Preserve the visual quality of sloped areas, which are a valuable natural and economic resource; and

(e) Encourage innovative and imaginative site development techniques to create structures and site plans that are suited to sloped terrain. For example, tuck-under garages and daylight basements are encouraged to integrate homes into existing topography and minimize grading.

(2) Sites containing or within 25 feet of slopes of 40 percent or greater (steep slope hazard area) and/or sites with erosion, landslide, and/or seismic hazard areas are also subject to the requirements of FWRC Title 19, Division V, Environmentally Critical Areas.

(3) These standards do not apply to isolated slope areas that are less than 5,000 square feet in land area. For purposes of this provision, the entire contiguous area with slopes measuring 15 percent or greater shall be included in the minimum size calculation regardless of the number of individual lots or different land ownerships involved.

(4) Residential land divisions on sites with slopes of 15 percent or greater are encouraged to implement the following standards in order to minimize clearing and grading necessary to support development on individual lots.

(a) Lot size averaging may be utilized for residential land divisions on sites that contain areas with slopes in excess of 15 percent as well as areas with slopes less than 15 percent as follows:

(i) More steeply sloped portions of a site should have larger lots resulting in a reduced percentage of lot disturbed for construction. In no case should any lot created with a slope of 15 percent or greater be less than the minimum lot size of the underlying zoning district.

(ii) Reduced lot sizes may be allowed within the portions of the site that are less than 15 percent slope. Minimum lot size may be reduced by up to 50 percent of minimum lot size requirement of the underlying zoning designation, but in no case less than 5,000 square feet for each single-family residential building lot.

(iii) The maximum allowable density of the underlying zoning district should not be exceeded for the overall development for which lot size averaging is being applied.

(b) As an alternative to lot size averaging, cluster development may be employed, pursuant to FWRC 18.55.040, in order to limit disturbance of sloped areas of a site. Cluster development should be employed where this option will result in successful retention of mature tree canopy and native vegetation.

(5) Grading plans for residential land divisions shall show that each parcel created by the land division is a suitable building site and show the following on the plan drawings:

(a) Setbacks;

(b) Driveways;

(c) Proposed building envelope; and

(d) Usable rear yard area a minimum of 10 feet deep.

(6) Front yard setbacks for single-family residential development on lots with a slope of 15 percent or greater may be applied in a flexible manner where such application will protect slopes and natural features from development encroachments. However, a minimum front yard setback of 10 feet must be maintained in all cases, and a minimum 20 foot setback shall apply to garages, unless the garage and driveway are oriented in such a way as to provide minimum 20 feet length of parking area in front of the garage within the property boundaries.

(Ord. No. 25-1016, § 20, 6-3-25; Ord. No. 25-1008, § 13, 4-1-25; Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

When incorporating rockeries and retaining walls into site design, the applicant shall work with the site topography in order to minimize the need for rockeries and retaining walls. When rockeries and/or retaining walls are utilized, the following standards shall apply:

(1) For single-family residential lots, rockeries and retaining walls shall be:

(a) A maximum of six feet in height as measured from finished grade at base of wall to top of wall.

(b) Composed of brick, rockery, textured or patterned concrete, or other masonry product that complements the proposed building and site development. Other materials may be used with the approval of the community development services and public works directors.

(c) There shall be a minimum setback of one foot for every foot in rockery or retaining wall height between the rear of a residential building and any rockery or retaining wall; provided, that a usable space equal to the rear yard setback must always be maintained.

(2) For detention/retention ponds, rockeries and retaining walls shall be a maximum of six feet in height as measured from finished grade at base of wall to top of wall around the detention/retention pond.

(3) For commercial and multifamily lots, rockeries and retaining walls shall be:

(a) A maximum of six feet in height as measured from finished grade at base of wall to top of wall.

(b) There shall be a minimum three-foot landscaped setback at the base of each rockery or retaining wall.

(4) The width of the terrace between any two vertical rockeries and/or retaining walls shall be a minimum of five horizontal feet to allow for landscaping and maintenance.

(5) Terraces created between rockeries and/or retaining walls shall be permanently landscaped and revegetated with Type III landscaping as specified in FWRC 19.125.050(3).

(6) Rockeries and retaining walls shall be set back a minimum of three feet from adjacent public rights-of-way. The area between the right-of-way and the retaining wall shall be landscaped and maintained per applicable standards in Chapter 19.125 FWRC, Article I, Landscaping. If private agreements are reached with utility companies and written documentation is provided to the city, and a minimum three-foot wide planting buffer can be established and maintained to screen the wall from view, retaining walls can be located to the back of the right-of-way as determined by the community development services and public works directors.

(7) Rockeries and retaining walls visible from a public right-of-way or adjacent property shall be composed of rock, brick, or other textured/patterned wall styles as approved by the planning and public works director. Rockeries and retaining walls shall be landscaped in accordance with the applicable standards in Chapter 19.125 FWRC, Article I, Landscaping.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

Article III. Tree and Vegetation Retention Requirements

(1) Retention required. Existing trees and vegetation in good health, and not considered to be invasive species, shall be retained on the subject property to the maximum extent possible in all developments as follows:

(a) Site and building development shall take into consideration the location of existing stands of healthy trees both on site and on adjacent properties. Where safe and feasible, the meandering of streets and/or sidewalks around existing stands of trees is encouraged.

(b) Minimum tree density – New uses on vacant or redeveloping parcels. The tree density requirements will be met primarily through the conservation of existing trees. However, in order to provide for continued flexibility in the design of new development, in those situations where a development’s design would preclude the retention of the required number of trees, the use of replacement or supplemental tree planting is authorized. The minimum tree density for each land use designation is specified in Table 19.120.130-1.

(c) Sites with insufficient tree cover. It is recognized that some sites may not contain a sufficient number of existing trees to meet the tree density standards set forth in Table 19.120.130-1. In those situations, additional trees are to be planted as necessary to achieve the minimum tree density requirements of this section. Modification of the requirements of this subsection (1)(c) may be obtained under FWRC 19.120.050.

(2) Tree density requirements. All regulated activity shall ensure that the following tree densities shall be achieved and maintained during and after development:

1    Trees that are damaged, diseased, are a hazard or nuisance or invasive species shall not be credited towards satisfying the tree units per acre requirement as noted in Table 19.120.130-1; provided, at the discretion of the city, damaged or diseased or standing dead trees may be retained and counted toward the tree requirement, if it is demonstrated that such trees will provide important wildlife habitat and are not classified as dangerous trees.

2    Trees located within critical area buffers shall be credited towards satisfying the tree units per acre requirement as noted in Table 19.120.130-1. Critical area buffers shall comply with the requirements set forth in FWRC Title 19, Division V.

(3) Calculation of the total tree units required. The total number of tree units required to be provided by a regulated activity shall be calculated by multiplying gross site acreage, minus any proposed public or private streets and regulated critical areas (excluding buffers) determined by Federal Way to be undesirable for tree planting (e.g., certain wildlife habitat and wetlands), by the required tree density (in tree units per acre) set forth in Table 19.120.130-1. The result of the calculation will be the total number of tree units required for the activity. If the calculation results in a fractional quantity, it shall be rounded up to the next higher whole number.

(4) Tree unit credits. The number of tree unit credits given for retaining existing trees, or the planting of new trees, varies in order to encourage the retention of large existing trees and the planting of replacement trees that provide greater canopy areas at maturity. Tree unit credits for the retention of existing trees and the planting of new trees shall be awarded as follows:

(5) Tree retention requirements – Expansion of existing uses. Expansion of existing commercial, industrial, and multifamily properties which do not conform to the tree density requirements of this chapter shall be subject to the following tree conservation requirements whenever such expansion would result in a greater than a 10 percent or 500 square foot increase in the size of the existing building footprint or associated impervious areas (parking lots, storage areas, etc.), whichever is less:

(a) A minimum of one tree unit shall be provided for each 500 square feet of building expansion or new construction; and

(b) A minimum of three tree units shall be provided for each tree unit removed, up to a maximum of 25 tree units per acre.

(6) No clearing, grading, or other approvals for vegetation removal at a site shall be approved until such time as the city of Federal Way has approved any associated landscaping or tree retention plans.

(7) Tree and vegetation retention areas shall be protected during construction through application of the standards contained in FWRC 19.120.160, Tree and vegetation protection during construction.

(Ord. No. 25-1016, § 21, 6-3-25; Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

Where an applicant cannot provide for the minimum required tree units per acre on site, off-site mitigation or a fee-in-lieu payment into the city’s urban forestry account may be approved by the director.

(1) Where off-site mitigation is utilized, the remaining balance of required tree units must be planted at an off-site location approved by the director. Where the site is city-owned property, the public works and/or parks department must also approve the tree planting. Acceptable off-site locations, in order of priority, are as follows:

(a) Publicly owned land in the city of Federal Way including but not limited to: environmentally sensitive areas; regional stormwater facilities; or wildlife corridors. Similar lands owned by nonprofit entities that are reserved in open space also qualify.

(b) Publicly owned parks or recreational facilities within the city of Federal Way.

(c) Other mitigation or restoration sites managed by other public entities or private conservation groups.

(d) Public school sites within the city of Federal Way.

(e) Other sites proposed by the applicant, when it is documented that higher priority sites are not available or viable.

(2) Where a tree replacement fee is utilized, a tree replacement fee paid into the city’s urban forestry account may be approved by the director. The fee shall be established based on the number of tree units being satisfied as follows:

(a) Each tree unit shall represent one replacement tree. The fee for each replacement tree shall cover the cost of a tree, installation (labor and equipment), maintenance for two years, and fund administration.

(b) A separate urban forestry account shall be established by the city for fees collected. Tree replacement fee receipts shall be earmarked specifically for this account and shall be expended only for the planting of new trees in city-owned parks, open spaces, or rights-of-way.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) Where tree replacement is required in order to achieve minimum tree units per acre, the replacement trees shall consist of a mix of evergreen and deciduous trees, suitable to specific site conditions.

(2) Replacement tree species shall be selected from a list of approved tree species maintained by the department of community development services. All species listed are suited to the climate conditions found in the Pacific Northwest. The list is for guidance only and is not intended to be all-inclusive. Other tree species may be utilized where appropriate when recommended by a professional forester, certified arborist, or licensed landscape architect.

(3) Size of replacement trees. Replacement trees shall be evergreen trees a minimum of six feet in height and deciduous trees with a minimum two inches caliper.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) No clearing shall be allowed on a proposed development site until the tree retention and landscape plans have been approved by the city of Federal Way.

(2) A no disturbance area shall be established for each tree to be protected. The no disturbance zone shall be equal to the critical root zone which is defined as 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground. Any other no disturbance area proposed by the applicant shall be determined by a qualified arborist and subject to review and approval by the director.

(3) The no disturbance zone shall be identified during the construction stage with:

(a) A temporary five-foot chain-link fence; and

(b) Tree protection signage attached to the fence which reads “TREE PROTECTION FENCE – No soil disturbance, parking, storage, dumping, or burning of materials is allowed within the Tree Protection Fence.”

(4) No soil disturbance, parking, storage, dumping, burning of materials, impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the no disturbance area.

(5) If the grade level around the tree is to be raised by more than one foot, a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells.

(6) The grade level shall not be lowered within the larger of the drip line of the tree(s) or the critical root zone of the tree(s).

(7) No trenching is allowed in any critical tree root zone areas.

(8) No installation of any impervious surfaces is allowed in critical root zones. Where road or sidewalk surfaces are needed within critical root zones, unmortared porous pavers or flagstone (rather than concrete or asphalt) may be used. Boardwalks or bridging may span root zones without harming the tree roots.

(9) Tree protection areas (i.e., critical root zone) must be prepared to better withstand the stresses of the construction phase by, if necessary, fertilizing, pruning, and mulching around them well in advance of beginning any construction activities.

(10) Alternative protection methods may be used if accepted by the director to provide equal or greater tree protection.

(11) Encroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) Funding sources. All civil penalties received from enforcement actions under this article and all money received pursuant to FWRC 19.120.140 shall be used for the purposes set forth in this section. In addition, the following sources may be used for the purposes set forth in this section:

(a) Sale of trees or wood from city property where the proceeds from such sale have not been dedicated to another purpose;

(b) Donations and grants for the purposes of the fund; and

(c) Other monies designated by the city council.

(2) Funding purposes. The city shall use money received pursuant to this section for the following purposes:

(a) Acquiring, maintaining, and preserving wooded areas within the city;

(b) Planting and maintaining trees within the city;

(c) Urban forestry education; or

(d) Other purposes relating to trees as determined by the city council.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

Article IV. Forest Practices Regulations

This article is established to regulate forest practices, Class IV – General, pursuant to Chapter 76.09 RCW and Chapter 222-20 WAC.

(Ord. No. 09-611, § 3(Exh. A), 4-7-09.)

(1) The application of this chapter to forest practice activities regulated by the Washington State Forest Practices Act (Chapter 76.09 RCW) shall be limited to Class IV – General forest practices.

(2) This article is intended to allow the city of Federal Way to assume jurisdiction for approval of Class IV – General forest practices approvals, occurring in the city of Federal Way, as authorized under the Washington State Forest Practices Act, Chapter 76.09 RCW. The city will act as the State Environmental Policy Act (SEPA) lead agency for all Class IV – General forest practice approvals occurring within the city limits.

(Ord. No. 09-611, § 3(Exh. A), 4-7-09.)

(1) General requirements.

(a) A Class IV – General application shall be approved based on an approved clearing and grading plan and tree and vegetation retention plan and prior to conducting forest practices on the project site.

(b) All Class IV – General applications shall describe the harvest method, including type of equipment to be used and the expected dates of commencement and completion of all harvest activities.

(2) Review criteria.

(a) Class IV – General forest practices shall comply with all applicable regulations and standards as adopted by the city.

(b) Class IV – General forest practices shall comply with the conditions of approval established through the associated development permit or approval.

(Ord. No. 09-611, § 3(Exh. A), 4-7-09.)

A Class IV – General approval shall be valid for two consecutive years following the date of issuance unless a longer time period has been established through an associated approval (e.g., preliminary plat approval, land use approval, building permit, etc.) in which case the time limits applicable to the associated approval shall apply.

(Ord. No. 09-611, § 3(Exh. A), 4-7-09.)

Article V. Performance Assurance, Maintenance and Enforcement

Development sites shall be revegetated and landscaped as soon as practical after completion of clearing and grading work, in accordance with a revegetation plan established by a tree retention and/or landscape plan, approved by the director or his/her designee.

(1) A permanent revegetation plan, utilizing vegetation that is known to have a high natural survival rate, shall be implemented consistent with city of Federal Way landscaping and tree and vegetation retention and replacement requirements.

(2) Where permanent revegetation measures are not in place within seven days in the dry season and two days in the wet season, the applicant shall provide temporary revegetation or stabilization measures in accordance with the recommendations of the latest edition of ecology’s stormwater management manual for Western Washington, and maintain such measures in good condition until the permanent revegetation measures are installed and inspected by the city of Federal Way.

(3) Where permanent revegetation measures are not in place within 12 months of completion of clearing and grading work, the applicant shall be required to submit a plan for director approval that outlines interim measures for revegetation and aesthetic treatment of the site per FWRC 19.120.060(2)(c). Failure to submit a plan for interim measures as required by FWRC 19.120.060(2)(c) shall result in the application of compliance and enforcement measures per FWRC 19.120.270 of this article.

(4) Where permanent revegetation measures are not in place within five years of completion of clearing and grading work, the applicant shall be required to revegetate the site to meet the minimum tree density requirements of FWRC 19.120.130, Tree and vegetation retention requirements. Failure to revegetate the site per minimum tree density requirements of FWRC 19.120.130 shall result in the application of compliance and enforcement measures per FWRC 19.120.270 of this article.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) All required replacement trees and relocated trees shown on an approved tree retention plan shall be maintained in healthy condition by the property owner throughout the life of the project, unless otherwise approved by the director in a subsequent tree retention plan.

(2) Cutting and pruning.

(a) Protected trees shall not be topped.

(b) Street trees shall be maintained in a healthy condition by the adjacent property owner and shall only be cut or pruned with the permission of the city of Federal Way public works department.

(c) Pruning and maintenance of protected trees shall be consistent with best management practices in the field of arboriculture and further the long-term health of the tree.

(d) Excessive pruning shall not be allowed unless necessary to protect life and property.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

The city may require the following bonds for any clearing and/or grading activity approved by or under this article:

(1) A performance bond to guarantee that the clearing and/or grading will conform to city standards and requirements.

(2) To mitigate damages should they occur as a result of unauthorized tree removal, the applicant shall submit a bond, letter of credit or other means of assurance acceptable to the director. The following provisions shall apply to such performance assurance:

(a) Tree protection assurance. The applicant shall post a performance bond or other acceptable security device to ensure the installation, maintenance, and adequate performance of tree protection measures. The amount of this bond shall be no less than 120 percent of the city’s estimated cost of replacing each protected tree. The estimated cost per tree shall be the tree base fee established by the city council. Prior to issuance of the certificate of occupancy, any protected tree found to be irreparably damaged, severely stressed, or dying shall be replaced according to the standards identified under FWRC 19.120.270, Compliance and enforcement. The bonding period shall be two years. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive.

(b) Tree maintenance assurance. Where replacement trees are required pursuant to this section, the applicant shall post a replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 50 percent of the cost of plant material, periodic fertilizing and pruning, and labor for the time period of the maintenance bond. Where possible, the bond may be combined with the landscape maintenance bond required by Chapter 19.125 FWRC, Article I, Landscaping. In the event a required replacement tree becomes irreparably damaged, severely stressed, or dies, during the maintenance period, the tree shall be replaced according to the standards in FWRC 19.120.130, Tree and vegetation retention standards and FWRC 19.120.150, Replacement tree species and size. Replacement trees damaged due to natural disasters such as wind storms, hail, ice or snow storms, earthquakes, and the like shall be exempt from replacement. The bonding period shall be two years. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the replacement trees will survive.

(c) Supplemental administrative costs. In addition to the bond and any consultation fees under subsection (2)(e) of this section, the applicant shall post a cash deposit with the city equal to the following percentages of the amount of the bond:

This cash deposit will be used to cover the city’s actual expenses of administering and, if necessary, obtaining and using the proceeds of the bond.

(d) The required tree protection assurance shall be submitted prior to issuance of a permit authorizing tree removal. The required tree maintenance assurance shall be submitted prior to issuance of final plat approval pursuant to FWRC 18.40.050, or certificate of occupancy, whichever is applicable.

(e) The director may consult with a certified arborist, licensed landscape architect, or other similarly qualified professional in determining the amount of a bond under this article. The applicant shall pay the actual costs of this consultation.

(f) The performance assurances shall not be fully released without final inspection and approval of completed work by the city, submittal of any post-construction evaluations, or following any prescribed trial maintenance period required in the permit.

(g) With the consent of the city, assurance devices under this section may be assigned by the applicant to individual property owners when those parties obtain an ownership interest in the subject property. The director may release all or part of an applicant’s assurance when the applicant demonstrates that the applicant has secured to the city sufficient assurances to meet the requirements of this section from other parties.

(h) Performance assurances provided in accordance with this section may be redeemed in whole or in part by the city of Federal Way upon determination by the director that the applicant has failed to fully comply with approved plans and/or conditions.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) All projects with a clearing and grading and/or tree retention plan approval and associated permit are subject to city inspections to ensure compliance with the conditions of approval and associated permit. As a condition of permit issuance, the applicant must grant right-of-entry for such inspections and city emergency corrective measures.

(2) The public works director or his/her designee will specify the general stages of work when city inspection is required and may require inspection and testing by an approved testing agency, to be paid by the applicant.

(3) The director shall specify inspection and testing requirements applicable to a given project prior to permit issuance; however, the public works director may require additional inspection, testing, or professional analysis and recommendations when conditions exist that were not covered in the permit application documents or were not sufficiently known at the time of permit issuance.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) The director or his/her designee may notify the permittee, or person doing the work, to stop work and take any necessary corrective actions whenever the director determines that:

(a) During the life of the permit, the project is causing problems related to earth and water resources, such as sediment leaving the site or entering the drainage system;

(b) The act or intended act of clearing, grading, or tree or vegetation removal has become or will constitute a hazard to life and limb, or endangers property; or it adversely affects the safety, use, or stability of a public way, drainage channel, street, or surface water;

(c) Clearing, grading or tree or vegetation removal is occurring without a required permit; or

(d) The activity is otherwise violating this article or the conditions of approval issued under this article.

(2) The director or his/her designee shall remove the stop work order when the city has reached an agreement with the violator regarding rectification of the violation. Any stop work order issued under this article may be appealed using the procedures set forth in FWRC 1.15.060.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

(1) In addition to any other penalties or other enforcement actions, any person who fails to comply with the provisions of this article or the terms of an approved tree retention plan, or a related cease and desist or stop work order, shall also be subject to a civil penalty as set forth in Table 19.120.270-1. Each unlawfully removed or damaged tree shall constitute a separate violation.

(a) The amount of the penalty shall be assessed in accordance with Table 19.120.270-1. The director may elect not to seek penalties if he or she determines that the circumstances do not warrant imposition of civil penalties in addition to restoration. (For example, first time violators who unintentionally or unknowingly violated the requirements of this article and are cooperating with regard to restoration may not warrant imposition of civil penalties.)

(2) Violators shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the director, which provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the violation(s).

(3) The number of trees required to be planted shall be equal to the number of tree unit credits of illegally removed trees according to Table 19.120.130-2.

(4) The minimum size for a tree planted for restoration is 12-foot-tall evergreen and three-inch caliper deciduous tree. The city may approve smaller restoration tree sizes at a higher restoration ratio, provided the site has capacity for the additional trees and the results of restoration at a higher restoration ratio is as good or better than at the normal ratio. The smallest allowable alternatives to the normal restoration requirements shall be two eight-foot evergreen for one 12-foot evergreen or two two-inch caliper deciduous for one three-inch caliper deciduous tree.

(5) Remedial measures must be completed within the time frame specified by the director.

(6) The cost of any remedial measures necessary to correct violation(s) of this article shall be borne by the property owner and/or applicant. Upon the applicant’s failure to implement required remedial measures, the director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of FWRC 19.120.240, Performance assurance.

(Ord. No. 09-610, § 4(Exh. A), 4-7-09.)

The purpose of this article is to:

(1) Provide minimum standards for landscaping in order to maintain and protect property values and to enhance the general appearance of the city.

(2) Encourage creative landscaping designs that utilize native vegetative species, drought-tolerant species, and retain natural vegetation, in order to reduce the impact of development on the water resources of the city.

(3) Respond to state-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and improvement of air quality.

(4) Reflect current city planning goals, urban design standards, and ecological awareness.

(5) Provide an appropriate amount and quality of landscaping related to all land use in the city.

(6) Establish a minimum level of regulation that reflects the purposes of this title.

(7) Provide for design flexibility.

(8) Retain stands of trees and mature vegetation, a valuable natural resource of the community.

(9) Recognize the unique qualities embodied in public facilities by providing for a reasonable degree of flexibility in structure while protecting adjacent uses.

(10) Encourage low-impact techniques including the use of native or drought-tolerant plants.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 01-390, § 3, 6-5-01; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1561.)

This article shall apply to all development applications in the city, with the exception of individual single-family residential lots which shall only comply with the applicable requirements of FWRC 19.120.130 for tree and vegetation preservation.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1562.)

(1) No permit shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the department of community development.

(2) Required landscape plans for all projects shall be prepared by persons qualified pursuant to FWRC 19.125.035(1)(a).

(Ord. No. 18-844, § 8, 3-6-18; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 07-573, § 47, 12-4-07; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1563.)

The applicant shall submit the appropriate number of landscape and irrigation plans for review, as determined by the department of community development services. The landscape and irrigation plan may be provided separately or incorporated into plans submitted for site plan review. Landscaping and irrigation may be shown on the same plan. No permit for use which is subject to the requirements of this section shall be issued until the landscape and irrigation plan for such use has been approved by the department of community development services.

(1) Landscape plans.

(a) Persons qualified to prepare landscape plan. The landscape plan shall be prepared by a landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the Washington Certified Nursery Professional program, or a Washington State certified landscape technician.

(b) The landscape plan shall be prepared to an appropriate scale, not less than one inch to equal 40 feet, necessary to depict the following:

(i) Name and address or location of project;

(ii) Vicinity map;

(iii) Scale, north arrow, and date of plan;

(iv) All property lines, impervious surfaces (including the total, paved impervious surface), vehicular drives, parking lots, proposed structures (including the square footage of such structures), natural or manmade water features or bodies, above ground stormwater detention and treatment areas, proposed fences and retaining walls, critical lands and associated buffers, and designated recreational open space areas;

(v) All existing and proposed landscape areas showing existing trees and/or vegetation to be retained and vegetation to be removed and proposed plants to be installed. The area of all existing and proposed landscaping shall be calculated and shown on the plan;

(vi) A plant schedule containing the botanical and common names of the new plant material, existing plant material proposed to be retained, typical spacing for that species, the planting size of the material, the quantity of each plant, and any special planting instructions;

(vii) All topographic features of the area to be landscaped such as swales. A contour map detailing intervals at two feet shall be provided; and

(viii) All existing and proposed drainage and watering facilities.

(2) Irrigation plans. Where an irrigation plan is required to ensure that the planting will receive sufficient water for survival and growth, the following shall apply:

(a) Persons qualified to prepare plans. The irrigation plan shall be prepared by a Washington State registered landscape architect or irrigation designer certified by the Irrigation Association.

(b) Where automatic irrigation is required, a subsurface irrigation or drip irrigation system shall be provided in accordance with all state and local rules, regulations, and ordinances, including approved backflow devices. The tap, service, and meter shall be coordinated with the city’s public works director. The system shall completely cover all planting areas.

(c) The spacing of sprinkler heads shall not exceed the spacing recommended by the manufacturer of the head. Where an area may be utilized by pedestrians, pop-up heads are preferred. The system shall be designed to achieve maximum water efficiency and overthrow onto public sidewalks or streets shall be kept to a minimum.

(3) Review of landscape, irrigation, and tree plans. Where landscape, irrigation, or tree plans are required in concert with other site development permit applications, the plans shall be reviewed by the department of community development services or the city’s consultant, as determined by the department of community development services. If the department of community development services designates the plans be reviewed by the city’s consultant, the applicant shall cover the cost of the third party review as required in accordance with the city’s fee ordinance.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09. Code 2001 § 22-1563.1.)

(1) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be retained in a “native” or predeveloped state. The department of community development may allow or require supplemental plantings in these areas, pursuant to the provisions of this title.

(2) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in FWRC 19.125.050(1), unless determined by the community development review committee (CDRC) that such screening is not necessary because stored materials are not visually obtrusive.

(3) Slopes in areas that have been landscaped with lawn shall generally be a 3:1 ratio or less, length to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other areas of plantings, a slope of up to a 2:1 ratio, length to height, may be used if acceptable to the public works director, upon review of a geotechnical/soils study submitted by an applicant to ensure soil slope integrity.

Figure 1 – FWRC 19.125.040(4)

(4) All trash enclosures shall be screened from abutting properties and/or public rights-of-way by a 100 percent sight-obscuring fence or wall and appropriate landscape screen.

(5) Type III landscaping, defined in FWRC 19.125.050(3), shall be placed outside of sight-obscuring fences abutting public rights-of-way and/or easements unless determined by the director of community development that such arrangement would be detrimental to the stated purpose of this article.

(6) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e., plants, trees, and groundcovers) shall consist of drought-tolerant species. All developments are encouraged to include native Pacific Northwest and drought-tolerant plant materials for all projects.

(7) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet above the root ball or root structure.

(8) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at the time of planting.

(9) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting based on the following:

(a) Small shrubs – 12 inches.

(b) Medium shrubs – 18 inches.

(c) Large shrubs – 24 inches.

(10) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in total coverage of a landscaped area within three years.

(11) Areas planted with grass/lawn shall:

(a) Constitute no more than 75 percent of landscaped areas; provided, there shall be an exception for biofiltration swales; and

(b) Be a minimum of five feet wide at the smallest dimension.

(12) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade.

(13) Existing clay or sandy soils shall be augmented with an organic supplement.

(14) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation where plant materials will cover and three inches of mulch over bare soil.

(15) In order to reduce irrigation requirements, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary to maintain planted vegetation, species that are not drought tolerant should be grouped together and have irrigation systems, and be separated from any other irrigation system provided for drought-tolerant species.

(16) Mulch shall be used in conjunction with landscaping in all planting areas to meet xeriscaping goals, assist vegetative growth and maintenance or to visually complement plant material. Mulches include organic materials such as wood chips and shredded bark. Nonvegetative material shall not be an allowable substitute for plant material.

(17) All development shall comply with city of Federal Way street tree requirements. (See the City of Federal Way Right-of-Way Vegetation Standards and Specifications Manual.)

(18) Landscaping proposed to be located within or adjacent to utility easements shall be reviewed by the respective utility agency(ies).

(19) Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development.

(20) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics of the tree.

(21) All permanent lawn or sod areas shall have permanent irrigation systems.

(22) Screening of blank building walls. Building walls which are uninterrupted by window, door, or other architectural feature(s) listed in Chapter 19.115 FWRC, Community Design Guidelines, FWRC 19.115.060(3)(b), that are 240 square feet or greater in area, and not located on a property line, shall be screened by landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed.

(23) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures.

(24) All loading areas shall be fully screened from public right-of-way or nonindustrial/manufacturing uses with Type I landscaping.

Figure 2 – FWRC 19.125.040(23)

(25) Use of products made from post-consumer waste is encouraged whenever possible.

(26) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to planting of any shrubs, trees, or groundcovers.

(27) Landscaping shall not be required along interior lot lines within a development where parking is being shared.

(28) Landscaping is not required along perimeter lot lines abutting rights-of-way where the building is constructed so that the building’s side(s) rest directly on the lot line and no yards can be provided pursuant to Division VI, Zoning Regulations. Landscaping along the perimeter lot lines abutting rights-of-way shall be required pursuant to Division VI, Zoning Regulations, where the building is constructed so that the building’s side(s) do not rest directly on the lot line.

(Ord. No. 18-844, § 9, 3-6-18; Ord. No. 10-678, § 6, 12-7-10; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1564.)

(1) Type I – Solid Screen.

(a) Purpose. Type I landscaping is intended to provide a solid sight barrier to totally separate incompatible land uses. This landscaping is typically found between residential and incompatible nonresidential land uses, such as industrial/manufacturing uses, and around outdoor storage yards, service yards, loading areas, mechanical or electrical equipment, utility installations, trash receptacles, etc.

(b) Description. Type I landscaping shall consist of evergreen trees, large shrubs and groundcover, which will provide a 100 percent sight-obscuring screen within three years from the time of planting; or a combination of approximately 75 percent evergreen and 25 percent deciduous trees, with an allowable five percent variance, with large shrubs, and groundcover backed by a 100 percent sight-obscuring fence. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and consistent with the intent of this section.

Figure 3 – FWRC 19.125.050(1)

(2) Type II – Visual Screen.

(a) Purpose. Type II landscaping is intended to create a visual separation that may be less than 100 percent sight-obscuring between incompatible land use zones. This landscaping is typically found between commercial and industrial zones; high density multifamily and single-family zones; commercial/office and residential zones; and to screen industrial uses from the street.

(b) Description. Type II landscaping shall be evergreen or a combination of approximately 60 percent evergreen and 40 percent deciduous trees, with an allowable five percent variance, interspersed with large shrubs and groundcover. A sight-obscuring fence may be required if determined by the CDRC that such a fence is necessary to reduce site specific adverse impacts to the adjacent land use. Trees, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section.

Figure 4 – FWRC 19.125.050(2)

(3) Type III – Visual Buffer.

(a) Purpose. Type III landscaping is intended to provide partial visual separation of uses from streets and main arterials and between compatible uses so as to soften the appearance of parking areas and building elevations.

(b) Description. Type III landscaping shall be a mixture of evergreen and deciduous trees interspersed with large shrubs and groundcover. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section.

Figure 5 – FWRC 19.125.050(3)

(4) Type IV – Open Area Landscaping.

(a) Purpose. Type IV landscaping is primarily intended to provide visual relief and shading while maintaining clear sight lines typically used within vehicular paved areas.

(b) Description. Type IV landscaping shall consist of trees planted with supporting shrubs and groundcover. Shrubs shall be pruned at 40 inches in height, and the lowest tree branches shall be pruned to keep an eight-foot clearance from the ground. One tree per landscape island up to 150 square feet shall be planted. One additional tree shall be planted for landscape islands up to 305 square feet. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. See FWRC 19.125.070 for location of Type IV landscaping.

Figure 6 – FWRC 19.125.050(4)

(Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1565.)

(1) Suburban estates, SE.

(a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the SE zoning district, except as provided in FWRC 19.125.070.

(2) Single-family residential, RS.

(a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the RS zoning districts, except as provided in FWRC 19.125.070.

(3) Multifamily residential, RM.

(a) Type III landscaping 20 feet in width shall be provided along all public rights-of-way and ingress/egress easements. Said landscaping in subdivisions shall be in a separate tract.

(b) Type II landscaping 20 feet in width shall be provided along the common boundary abutting single-family zoning districts.

(c) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in subsections (3)(a) and (3)(b) of this section.

(4) Professional office, PO.

(a) Type III landscaping eight feet in width shall be provided along all property lines abutting public rights-of-way and access easements.

(b) Type I landscaping 10 feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide 10 feet of Type II.

(c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (4)(a) and (4)(b) of this section.

(5) Neighborhood business, BN.

(a) Type III landscaping five feet in width shall be provided along all properties abutting public rights-of-way and ingress/egress easements.

(b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district.

(c) Type III landscaping five feet in width along all perimeter lot lines except as noted in subsections (5)(a) and (5)(b) of this section.

(6) Community business, BC.

(a) Type III landscaping five feet in width shall be provided along all properties abutting public rights-of-way and ingress/egress easements.

(b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district.

(c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (6)(a) and (6)(b) of this section.

(7) City center frame, CC-F.

(a) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights-of-way.

(b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district.

(c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (7)(a) and (7)(b) of this section, except that landscaping is not required along perimeter lot lines abutting rights-of-way, where no required yards apply pursuant to Chapter 19.225 FWRC.

(8) Office park, OP.

(a) Type III landscaping 10 feet in width shall be provided along all property lines abutting public rights-of-way and access easements.

(b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district.

(c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (8)(a) and (8)(b) of this section.

(9) Commercial enterprise, CE.

(a) Type III landscaping five feet in width shall be provided along all property lines abutting public rights-of-way and access easements, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines.

(b) Type I landscaping 15 feet in width shall be provided along the perimeter of the property abutting a residential zoning district, except industrial uses shall provide Type I landscaping 25 feet in width along such property lines.

(c) Type III landscaping five feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines.

(Ord. No. 25-1016, § 22, 6-3-25; Ord. No. 25-1008, § 14, 4-1-25; Ord. No. 23-977, § 13, 12-5-23; Ord. No. 23-968, § 10, 9-5-23; Ord. No. 22-932, § 21, 5-3-22; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(13)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 96-270, § 3(E), 7-2-96; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1566.)

(1) Purpose. The purpose of this section is to break up large areas of impervious surfaces, mitigate adverse impacts created by vehicle use areas which include noise, glare and increases in heat reflection by buffering, screening adjacent properties and shading, respectively, to facilitate movement of traffic, and improve the physical appearance of vehicle use areas. Developments are encouraged to use parking lot landscaping as on-site LID stormwater infiltration facilities, unless such techniques are infeasible. LID stormwater infiltration facilities shall be designed and constructed accordance with FWRC Title 16, Surface Water Management.

(2) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas as follows:

(a) Required interior lot landscaping. Landscape area shall be provided at the following rate within paved areas:

(i) Commercial, industrial, and institutional developments shall provide the following:

(A) Twenty square feet per parking stall when up to 49 parking stalls are provided; and

(B) Twenty-two square feet per parking stall when 50 or more parking stalls are being provided.

(ii) Residential developments with common parking areas including, but not limited to, subdivisions, PUDs or multifamily, shall provide landscape areas at a rate of 15 square feet per parking stall.

Figure 7 – FWRC 19.125.070(3)

(3) Landscape islands. Landscape islands shall be a minimum size of 64 square feet and a maximum of 305 square feet, and a minimum width of six feet at the narrowest point for islands at the end of 90-degree parking rows, three feet at the end of rows with angled parking, and eight feet in width for islands used to separate head-to-head parking stalls and shall be provided at the following locations:

(a) At the end of all rows of parking; and

(b) For separation buffering between loading doors or maneuvering areas and parking areas or stalls; and

(c) Any remaining required landscaping shall be dispersed throughout the interior parking area in a manner to reduce visual impact of the parking lot;

(d) Deciduous trees are preferred for landscape islands within interior vehicle use areas.

(4) Curbing. Permanent curbing shall be provided in all landscape areas within or abutting parking areas. Based upon appropriate surface water considerations, other structural barriers may be substituted for curbing, such as concrete wheel stops.

Figure 8 – FWRC 19.125.070(4)

(5) Parking areas/screening for rights-of-way.

(a) Parking areas adjacent to public right-of-way shall incorporate berms at least three feet in height within perimeter landscape areas; or alternatively, add substantial shrub plantings to the required perimeter landscape type, and/or provide architectural features of appropriate height with trees, shrubs and groundcover, in a number sufficient to act as efficient substitute for the three-foot berm, to reduce the visual impact of parking areas and screen automobiles, and subject to approval by the director of community development.

(b) Parking adjacent to residential zones shall reduce the visual impact of parking areas and buffer dwelling units from light, glare, and other environmental intrusions by providing Type I landscaping within required perimeter landscape areas.

(6) Vehicular overhang. Vehicular overhang into any landscaping area shall not exceed two feet.

Figure 9 – FWRC 19.125.070(6)

(7) Landscaping and irrigation.

(a) All landscape islands within parking areas shall use drought-tolerant trees, shrubs and groundcovers. The use of plants native to the Pacific Northwest is encouraged. Lawn shall not be permitted in landscape islands less than 200 square feet and shall be used as an accessory planting material to required trees, shrubs, and other groundcovers.

(b) No plant material greater than 12 inches in height shall be located within two feet of a curb or other protective barrier in landscape areas adjacent to parking spaces and vehicles use areas.

(Ord. No. 09-630, § 36, 10-20-09; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1567.)

(1) The following types of trees may not be planted closer than the listed minimum planting distance to rights-of-way or sewers:

(2) In addition to any other enforcement mechanism or penalty contained within or authorized by this chapter, any person violating this provision is responsible for any damage caused by the tree or trees.

(3) All street trees and other plantings shall be installed in conformance with standard landscaping practices and with appropriate city guidelines and regulations.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09. Code 2001 § 22-1568.1.)

(1) Performance.

(a) All required landscaping shall be installed prior to the issuance of a certificate of occupancy (CO) or final inspection, unless the applicant submits a performance assurance as noted in subsection (1)(b) of this section.

(b) Performance assurance. If the required landscaping pursuant to an approved site plan will not be installed prior to the issuance of certificate of occupancy, a performance bond or assignment of funds in a form acceptable to the city attorney must be provided to the city to not let than 125 percent of a contractor’s bid. The bond or assignment of funds must be approved by the city and will commit to install the landscape plantings within six months. The bond must be submitted on forms supplied by the city. The bid bond amount must include labor and materials.

(c) When landscaping is required pursuant to this title, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this title.

(d) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan.

(e) A CO or final inspection may be issued prior to completion of required landscaping provided the following criteria are met:

(i) An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection;

(ii) The request contains an explanation as to why factors beyond the applicant’s control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance of the CO;

(iii) The property owner has demonstrated a good faith effort to complete all required landscaping.

(f) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping.

(g) Failure to complete landscape installation by an established 90-day extension date shall constitute a zoning violation. If a performance bond has been used, the city shall use the bond to complete the required landscaping. If the amount of the bond or cash deposit is less than the cost incurred by the city, the applicant/property owner shall be liable to the city for the difference. If the amount of the bond or assignment of funds exceeds the cost incurred by the city, the remainder shall be released.

(2) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping.

(a) Plant maintenance. Maintenance of planted areas shall include continuous operations of removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations necessary to assure normal plant growth. In particular, maintenance shall promote landscape performance criteria of this title. Plant materials that have died shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept reasonably free of noxious weeds and trash.

(b) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of nonmaintenance.

(c) Other maintenance. Maintenance of all landscaped areas shall also include operations as needed of painting, repairing, reconstruction, and rehabilitation of landscape structures such as walls, fences, overheads, trellises, and the removal of trash.

(d) Failure to comply with landscape maintenance standards shall constitute a zoning violation under FWRC 19.05.340.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1569.)

(1) Purpose. The purpose of this section is to provide an opportunity for development of exceptional or unique landscape designs that do not meet the express terms of FWRC 19.125.040 through 19.125.070, and/or flexibility of landscape designs. The director of community development services shall have the authority, consistent with the criteria stated herein, to modify specific requirements or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this title and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the director of community development services concurrent to submittal the review of a landscape plan. Examples of special conditions might include:

(a) Preservation of unique wildlife habitat;

(b) Preservation of natural or native areas;

(c) Compliance with special easements;

(d) Renovation of existing landscaping;

(e) Unique site uses.

The alternative landscape modifications described in subsections (3) through (6) of this section shall be allowed only if the proposed modification meets the threshold criteria of subsection (2) of this section, in addition to the special criteria of subsections (3) through (6) of this section. In the case of public parks, schools, and public recreational facilities, these uses must meet subsections (1)(a) through (d) of this section only.

(2) Modifications to the landscape standards may be granted by the director of community development if:

(a) The proposed modification represents a superior result than that which could be achieved by strictly following the requirements of this title; and

(b) The proposed modification complies with the stated purpose of this title and any applicable subsections of this title; and

(c) If the proposed modification will not violate any city of Federal Way Revised Codes or ordinances. In particular, a modification shall not be a substitute for any zoning variance; and

(d) Where applicable, the proposed modification would result in an increased retention of significant trees and/or naturally occurring vegetation on the site; and

(e) The proposed modification also satisfies the criteria listed in subsection (2), (3), (4), (5), or (6) of this section.

(3) The width of the perimeter landscaping may be reduced up to 25 percent when the proposed landscaped area incorporates a combination of plant materials, berms a minimum of three feet in height, and architectural elements of appropriate height and scale sufficient to act as an efficient substitute for the three-foot berm.

(4) The landscaping requirement may be modified when necessary, because of special circumstances relating to the size, shape, topography, vegetation, 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 it is located, or if strict application would result in scenic view obstruction.

(5) Perimeter landscape strips may be averaged, provided the minimum width shall not be less than 50 percent of the underlying width requirement.

(6) If the property abutting the subject property is in the same or a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required landscaping may be relocated upon approval of the community development director, consistent with the standards of this title.

(7) Biofiltration swales and other surface water/water quality structures may be incorporated into required landscape areas provided the landscaping standards of this title are met and the integrity of the surface water function is not compromised. The community development director shall approve any modification of this nature.

(8) Modification submittal requirements. A request for modification shall:

(a) Be submitted in the same form and according to the same terms as the required landscape documents of this section and subject to the same enforcement requirements; and

(b) Be clearly labeled as “Landscape Modification Plan”; and

(c) Clearly delineate and identify the deviations requested from the provisions of this or any other section; and

(d) Be approved by the community development director.

(9) Pedestrian facilities, transit stops, and handicapped access may be allowed in required landscape areas without requiring additional buffer area; provided, that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 01-390, § 3, 6-5-01; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1570.)

Article II. Fences and Screening²

Barbed wire is permitted only atop a fence or a wall at least six feet in height or between two agricultural uses.

(Ord. No. 90-43, § 2(115.40(1)), 2-27-90. Code 2001 § 22-1026.)

Electrified fences are not permitted, except as specifically permitted by this chapter. All electric fences and appliances, equipment and materials used in connection with an electrified fence must be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer’s specifications. All electric fences shall be posted with permanent signs, which are a minimum of 36 square inches in area, at intervals of 15 feet along the fence stating that the fence is electrified. The permitted location of and standards for electrified fences are as follows:

(1) Electrified fences separating agricultural uses and intended to contain large domestic animals may be located anywhere on the subject property, including on the property line.

(2) Electrified fences in the commercial enterprise (CE) zone are permitted only in conjunction with the following uses: manufacturing and production, general; warehouse, distribution, storage facilities, truck stops, automotive emissions testing facilities; hazardous waste treatment and storage, chemical manufacturing, gravel batch plant, transfer station; vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair, self-service storage, tow and taxi lots; public utility; and government facilities, public parks, public transit shelter.

(3) Electrified fences are permitted in all zones in conjunction with governmental facility uses.

(4) Other than as stated in subsection (1) of this section, an electrified fence must meet the following requirements, or equivalent standards, as determined by the director:

(a) Be located at least six inches inside of another fence or solid wall at least six feet in height if the electrified fence is within 20 feet of any property line;

(b) Be no taller than 10 feet in height;

(c) Be constructed or installed in conformance with industry standards;

(c) Be energized not to exceed 12 volts DC; and

(d) Provide safe access for emergency responders.

(Ord. No. 22-932, § 22, 5-3-22; Ord. No. 90-43, § 2(115.40(2)), 2-27-90. Code 2001 § 22-1027.)

Razor wire fences are prohibited in the city.

(Ord. No. 90-43, § 2(115.40(3)), 2-27-90. Code 2001 § 22-1028.)

(1) Storage area. Storage areas for garbage, recycling, and compostables receptacles for managing solid waste materials generated on site shall be required to be incorporated into the designs for multifamily, commercial, and institutional buildings constructed after January 1, 1993. Common solid waste materials include generic recyclables (paper, metal, plastics, and other materials); garbage; noncompostable rubbish and trash; compostables and yard debris; properly stored medical or moderate risk wastes; bulky items such as mattresses and appliances; and recyclable semi-liquid wastes (such as used cooking oil).

(2) Exemptions. The following structures are exempt from the requirements of this section:

(a) Storage receptacles for parks or construction sites.

(b) Structural alterations or increases in gross floor area to existing nonconforming structures which do not meet the threshold levels described in Chapter 19.30 FWRC.

(3) Storage area defined. Storage areas shall include the areas containing receptacles served by collection equipment and may also include interim on-site storage areas used to aggregate material prior to delivering it to the collection storage area.

(4) Location. Solid waste and recycling receptacles, including underground facilities:

(a) May not be located in required yards;

(b) May not be located in landscape buffer areas required by or under this code; and

(c) Must be screened according to FWRC 19.125.010 et al.

(5) Security and accessibility. The following provisions shall apply to all solid waste and recyclable storage areas which contain receptacles served by commercial collection equipment.

(a) The storage area for recycling receptacles shall be located adjacent to the solid waste storage area. The enclosures shall be easily accessible to users occupying the site. Collection equipment must have an adequate vertical clearance and an adequate turning radius to ensure access and ease of ingress and egress to the storage area, whether located either inside or outside a structure.

(b) Storage areas shall not interfere with the primary use of the site. The area shall be located so that collection of materials by trucks shall not interfere with pedestrian or vehicular movement to the minimum extent possible. The storage area shall not be located in areas incompatible with noise, odor, and frequent pedestrian and vehicle traffic.

(6) Design guidelines – General. The following provisions shall apply to all storage area designs:

(a) Design and architectural compatibility. Solid waste and recycling storage area design shall be consistent with the architectural design of the primary structure(s) on the site. Storage areas shall be built on a flat and level area at the same grade as the truck access area.

(b) Enclosure and landscaping. All outdoor trash enclosures for solid waste and recycling receptacles shall be screened according to FWRC 19.125.040(4) and (5). In all cases, gates shall be of sufficient width to allow direct, in-line access by solid waste and recycling collectors and equipment. In uses where two or more separate detachable containers (commonly referred to as dumpsters) are situated side-by-side within an enclosure, there must be a minimum of 18 feet of unobstructed access when gates are fully opened (hardware, hinges, and walls will add to total enclosure width, based on design and materials used). Gate openings must be at least 12 feet wide when an enclosure houses a single drop box or compactor unit. Enclosure gates shall not include center posts that would obstruct service access. All landscaping shall be designed not to impede access to the enclosure.

(c) Signage. Exterior signage on enclosures shall conform with Chapter 19.140 FWRC and shall not exceed four square feet per sign face. The containers for recycling, garbage, and other source-separated solid waste materials shall be identified using clearly visible signs.

(d) Weather protection. All solid waste storage areas (enclosures) require a spill prevention plan for management of liquids generated on or discharged from the storage area. The storage area spill prevention plan must detail how all liquids either precipitated, sprayed, washed, spilled, leaked, dripped, or blown onto the storage area will be collected and managed in compliance with city surface water protection standards. The storage area spill prevention plan shall be provided to the city’s surface water management program, to be kept on file in order to inform periodic site monitoring.

(i) All storage areas without a roof require a functioning oil water separator to be installed and maintained. The oil water separator must be sized and designed to accommodate all liquids exiting the storage area, as well as all surrounding impervious surface that drains to the oil water separator’s location. The storage area pad shall be sloped at the minimum grade required to channel all such liquids to the oil water separator.

(ii) Storage areas larger than 175 square feet in size must have a roof covering the storage area. This roof shall provide adequate overhang surface to prevent the direct entry of precipitation to the enclosure area. Storage areas with a roof require adequate floor drainage connected and conveyed to sanitary sewer. Precipitation runoff from the roof shall not be discharged to the sanitary sewer. Roofed or covered storage areas must provide adequate clearances to allow access by haulers and collection equipment.

(7) Space and access requirements. The following minimum space and access requirements for solid waste and recycling storage areas shall be incorporated into the design of all buildings:

(a) Except as provided in subsection (7)(a)(i) of this section, for all uses, storage space for solid waste and recyclable materials containers shall be provided as shown in Table A for all new structures and for existing structures to which two or more dwelling units are added.

(i) Residential uses proposed to be located on separate lots, for which each dwelling unit will be billed individually for utilities, shall provide one storage area per dwelling unit that has minimum dimensions of two feet by six feet.

(ii) In addition to the requirement in subsection (7)(g) of this section, plans for stacked multifamily dwelling units shall require designated interior solid waste accumulation or storage areas on each level, including details on how solid waste is conveyed to shared storage space(s).

(iii) Residential development for which a homeowner’s association, or other single entity, exists or will exist, as a sole source for utility billing, may meet the requirement in subsection (7)(a)(i) of this section, or the requirement in Table A.

Residential and nonresidential development shall meet the respective requirements in Table A.

(b) Mixed-use development that contains both residential and nonresidential uses shall meet the storage space requirements shown in Table A for residential development, plus 50 percent of the requirement for nonresidential development. In mixed use developments, storage space for solid waste may be shared between residential and nonresidential uses, and designated storage space for recycling services shall also be provided.

(c) The storage space required by Table A shall meet the following requirements:

(i) The storage space must have adequate dimensions to enclose solid waste containers and also allow users to access these containers. For multifamily developments with eight or fewer dwelling units, and for nonresidential development with gross floor area of 5,000 square feet or less, the storage space must have a minimum dimension from the front gates to the back wall of at least seven feet. For all other uses, the storage space must have a minimum dimension from the front gates to the back wall of at least 10 feet. Storage space for trash compactor units and for larger developments will generally exceed this 10-foot dimension from front gates to back wall.

(ii) The floor of the storage space shall be level and hard-surfaced, and the floor beneath garbage or recycling compactors shall be made of high-strength concrete.

(d) The location of all storage spaces shall meet the following requirements:

(i) The storage space shall be located on the lot of the structure(s) it serves;

(ii) The storage space shall not be located in any required driveways, parking aisles, or parking spaces;

(iii) The storage space shall not block or impede any fire exits, any public rights-of-way, or any pedestrian or vehicular access;

(iv) The storage space shall be located to minimize noise, odor, and visual impacts to building occupants and neighboring lots;

(v) The storage space shall not be used for purposes other than solid waste materials storage and access; and

(vi) The storage space(s) shall be no more than 150 feet from the common entrance(s) to residences and/or service entrances to nonresidential buildings located on the site.

(e) Access for service providers to the storage space from the collection location shall meet the following requirements:

(i) For containers two cubic yards or smaller:

(1) Containers to be manually pulled for service and emptying shall be placed no more than 50 feet from a curb cut or collection location;

(2) Access ramps to the storage space shall not exceed a grade of six percent; and

(3) Site-access routes and entries for use by collection trucks shall be a minimum of 11.5 feet wide.

(ii) For containers larger than two cubic yards and all compacted refuse containers:

(1) Direct access shall be provided from the alley or street to the containers;

(2) Site access routes and entries for trucks shall be a minimum of 11.5 feet wide; and

(3) If accessed directly by a collection vehicle, whether inside or outside a structure, a 21-foot overhead clearance shall be provided.

(f) Access for occupants to the storage space shall meet the following requirements:

(i) Direct access shall be provided from the alley or street to the containers;

(ii) A pick-up location within 50 feet of a curb cut or collection location shall be designated that minimizes any blockage of pedestrian movement along a sidewalk, pedestrian path, or other right-of-way;

(iii) If a planting strip is designated as a pick-up location, any required landscaping shall be designed to accommodate the solid waste and recyclable containers temporarily placed within this area; and

(iv) All storage space openings and access points for pedestrians shall be a minimum of five feet wide.

(g) The solid waste and recyclable materials storage space, access, and pick-up/service specifications required in this section, including the number and sizes of containers, shall be included on the plans submitted with the land use or building permit application for any development subject to the requirements of this section.

(h) Multifamily and nonresidential mandatory recycling requirements. Multifamily, nonresidential, and mixed-use development occupants shall participate in separation for recycling of the following materials that will include, at a minimum: newspapers; mixed papers; recyclable bottles, cans, and plastic containers; and compostable materials where collection services are available. All recyclable materials shall be placed in properly labeled containers or carts as distributed by the city’s solid waste collection contractor. All compostables separated for collection shall be placed in properly labeled containers or carts.

All multifamily property owners shall provide residents with a minimum total weekly volume of recycling container capacity equal to or greater than the total weekly volume of garbage capacity. To the greatest extent possible, receptacles for garbage, recycling, and compostable materials shall be co-located in one storage space.

(i) The public works director or designee may modify the requirements of this subsection at his or her discretion, or upon the request of the property owner, if, in the opinion of the director, the exception is necessary. The modification must be granted in writing and may be revoked by the director at any time if the necessity for the modification ceases to exist as determined by the director, or designee, which determination shall not be made unreasonably. Any such revocation will be effective on a date selected by the director, but no less than three business days from the date of notice.

(8) Compliance with other applicable codes. All enclosures installed or altered under this chapter must comply with all applicable federal, state, and local regulations, including without limitation the provisions of the International Building Code and the National Electric Code as adopted in FWRC Title 13. If any provision of this chapter is found to be in conflict with any provision of any zoning, building, fire, safety, or health ordinance, or code of the city, the provision that establishes the higher standard shall prevail.

(Ord. No. 17-834, § 10, 5-16-17; Ord. No. 93-170, § 5, 4-20-93; Ord. No. 92-158, § 3, 12-15-92; Ord. No. 90-43, § 2(115.45), 2-27-90. Code 2001 § 22-949.)

Cross reference: Solid waste, FWRC Title 11, Division II.

Article III. Yard Requirements

This article establishes what structures, improvements and activities may be in or take place in required yards as established for each use in each zone by this title.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1131.)

This title contains specific regulations regarding what may be in or take place in required yards in certain instances. Where applicable, those specific regulations replace any inconsistent provisions of this article.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1132.)

No improvement or structure may be in a required yard except as follows:

(1) A driveway and/or parking area subject to the standards of FWRC 19.130.240.

(2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard.

(3) An improvement or structure that is not more than 18 inches above finished grade may extend not more than five feet into a required yard.

(4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend.

(5) Fences and railings not over six feet in height, and electrified fences not over 10 feet in height, may be located in required yards subject to the fence regulations contained within this chapter. When a rockery or retaining wall is also located in the required yard within five feet of the fence or railing, the total combined height of the fence and the rockery or retaining wall may be no more than six feet high. Notwithstanding the foregoing, if a rockery or retaining wall over two and a half feet high requires a safety guardrail or handrail for fall protection, or other protective feature in the interests of public safety, then a safety feature up to three and a half feet in height is permitted in conjunction with the rockery or retaining wall up to a total combined height of nine and a half feet. The safety feature shall incorporate openings or gaps and shall not present a solid or continuous visual surface, ensuring visibility through the safety feature.

(6) Rockeries and retaining walls may be located in required yards if:

(a) The rockery or retaining wall is not being used as a direct structural support for a major improvement;

(b) The rockery or retaining wall is reasonably necessary to provide support to a cut, fill, or slope;

(c) The rockery or retaining wall also meets the requirements of FWRC 19.120.120 et seq.; and

(d) If the rockery or retaining wall is within five feet of a fence or railing in the required yard, the total combined height of the fence and the rockery or retaining wall may be no more than six feet high. Notwithstanding the foregoing, if a rockery or retaining wall over two and a half feet high requires a safety guardrail or handrail for fall protection, or other protective feature in the interests of public safety, then a safety feature up to three and a half feet in height is permitted in conjunction with the rockery or retaining wall up to a total combined height of nine and a half feet. The safety feature shall incorporate openings or gaps and shall not present a solid or continuous visual surface, ensuring visibility through the safety feature.

(7) Signs may be located in required yards subject to provisions of Chapter 19.140 FWRC.

(8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, office and industrial zones.

(9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if:

(a) The proposed structure is no more than eight feet high above finished grade;

(b) The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet;

(c) The proposed structure contains no more than 120 square feet in total area;

(d) No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed preexisting improvements of the subject property; and

(e) Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses.

(10) Construction-related outdoor storage containers may be temporarily placed in the required front yard of a single-family residential lot if approved under FWRC 19.275.080, and portable moving containers may be temporarily placed in the required front yard of any lot if approved under FWRC 19.275.090.

(11) In single-family residential zones one mechanical unit (heat pump, air conditioner, emergency generator, or similar unit) per dwelling unit in a side or rear yard.

(Ord. No. 25-1031, § 4, 11-5-25; Ord. No. 25-1016, § 23, 6-3-25; Ord. No. 25-1008, § 15, 4-1-25; Ord. No. 23-949, § 12, 2-7-23; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 07-573, § 44, 12-4-07; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 00-375, § 24, 2000; Ord. No. 90-43, § 2(115.115(3)), 2-27-90. Code 2001 § 22-1133.)

Cross references: Streets and sidewalks, FWRC Title 4, Division II; buildings and building regulations, FWRC Title 13; subdivision improvements, Chapter 18.60 FWRC; off-street requirements, Chapter 19.130 FWRC; development improvements, Chapter 19.135 FWRC.

Article IV. Outdoor Activities and Storage

This article establishes regulations applicable to outdoor uses, storage and activity.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1111.)

(1) Generally. Subject to process I and the following requirements, the commercial and industrial uses that are permitted on a site under this title may be conducted out-of-doors unless otherwise regulated or prohibited by this title.

(2) Site plan. The applicant shall submit, for approval to the department of community development, a site plan drawn to scale showing and describing the following items:

(a) Locations and dimensions of all buildings, structures and fences on the subject property.

(b) Locations and dimensions of all parking and driving areas on the subject property.

(c) Locations and dimensions of all existing and proposed outdoor use, activity, or storage areas and related buildings or structures on the subject property.

(d) Locations and description of all existing and proposed landscaping on the subject property.

(e) The nature of the outdoor use, activity, storage area or related building or structure, including a detailed description of all items proposed to be stored outdoors.

(f) The intended duration of the outdoor use, activity or storage.

(3) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity, or storage based on the following standards:

(a) All outdoor use, activity and storage areas must comply with required buffers for the primary use.

(b) A minimum six-foot-high solid screening fence, wall, or other appropriate architectural screening, surrounded by five feet of Type I landscaping as defined by FWRC 19.125.050(1), or combination of architectural and landscape features, approved by the director of community development services is required around the outside edges of the area devoted to the outdoor use, activity or storage area, unless determined by the director that such screening is not necessary because the use or stored materials are not visually obtrusive. Proposed architectural and landscape screening methods shall be consistent with Chapter 19.115 FWRC, Community Design Guidelines, and Article I of this chapter (Landscaping).

(c) Outdoor use, activity or storage areas located adjoining residential zones or permitted residential uses may not be located in the required yards adjoining the residential use or zone.

(d) The height of uncontained items stored outdoors shall not exceed six feet above finished grade, unless the director approves a different height limitation after considering the zoning of the site and the surrounding properties and the extent to which the location or methods of screening the items minimizes visibility from adjacent streets and properties, and the items are not visually obtrusive and do not detract from the aesthetic quality of the overall development.

(e) The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian movement to, from and on the subject property.

(4) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities, when located in commercial and industrial-commercial zones, are exempt from the requirement of subsections (2) and (3) of this section; provided, that the use, activity or storage shall not inhibit safe vehicular and pedestrian movement to, from and on the subject property:

(a) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year.

(b) Outdoor amusement rides, carnivals and circuses and parking lot sales which are accessory to the indoor sale of the same goods and services if these uses will not operate more than seven days in any six-month period.

(c) Outdoor dining and refreshment areas, including espresso carts.

(d) Outdoor display of vehicles for sale or lease; provided, that the display area complies with all other applicable requirements of this chapter.

(e) Year-round outdoor sales and storage of lawn and garden stock, which are accessory to the indoor sale of the same goods and services; provided, that the use does not include outdoor play equipment, storage sheds, furniture or mechanical equipment.

(f) Outdoor accessory sales area(s) adjacent to the entrance of the primary structure, if such area is fully covered by a pedestrian-height awning, canopy, roof overhang, or similar feature, that is permanently attached to the primary structure; and all of the following criteria are met: (i) the area maintains a five-foot-wide unobstructed pedestrian pathway to the building entrance, and in no way blocks any required ingress/egress; (ii) sale items are displayed only during normal business hours; (iii) no coin-operated vending machines or similar items are displayed; (iv) the area complies with subsections (3)(a), (c) and (e) of this section; and (v) the area complies with all fire, building, and zoning requirements.

(5) Gross floor area. For the purpose of this title, an outdoor use, activity or storage area will be used in calculating the gross floor area of a use or development if this area will be used for outdoor use, activity or storage for at least two months out of every year, excluding the uses listed under subsection (4) of this section and the following uses: temporary trailers, buildings and structures listed in FWRC 19.275.080; portable moving containers listed in FWRC 19.275.090; and outdoor storage containers used to store emergency preparedness supplies or related materials if approved under FWRC 19.125.180.

(6) Improvements. If the outdoor use, activity or storage is located on an unimproved area of the site, the underlying ground must be improved as required by the departments of public works and community development.

(7) Modification. The applicant may request a modification of the requirements of subsection (3) of this section. This request will be reviewed and decided upon under process II. The city may approve the modification if:

(a) The modification will not create a greater impact on any nearby residential use than would be created without the modification.

(b) The modification will not detract from the character of any use.

(c) The modification will not be injurious to public health, safety or welfare.

(Ord. No. 18-844, § 10, 3-6-18; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 96-270, § 3(C), 7-2-96; Ord. No. 90-43, § 2(115.105(3)), 2-27-90. Code 2001 § 22-1113.)

Cross references: Drainage program, FWRC Title 16; site plan review, Chapter 19.60 FWRC; district regulations, FWRC Title 19, Division VI; yard requirements in the supplementary district regulations, FWRC Title 19, Division VII.

(1) Allowed uses and zones. If approved under this section, outdoor storage containers may be used as permanent accessory storage in conjunction with any allowed principal use in any nonresidential zone. In residential zones they may be used as permanent accessory storage only in conjunction with institutional or quasi-public uses, and not with any other permitted use(s). Outdoor storage container(s) may in no case be the principal structure or use of a property. Refer to FWRC 19.275.080 and 19.275.090 for regulations related to the temporary use of outdoor storage containers and portable moving containers in residential and nonresidential zones.

(2) Review process. Requests to place accessory outdoor storage containers on a permanent basis are subject to process I (director’s approval), unless the container(s) is part of a development project that requires a different review process, in which case it shall be reviewed in conjunction with that project and process.

(3) Design criteria. Permanent outdoor storage containers are subject to FWRC 19.125.170(1) through (3) and (5) through (7), and the following criteria:

(a) Containers shall be placed to minimize visibility from surrounding streets, pedestrian areas, and properties; and shall not be located between the principal building and front property line.

(b) Containers shall not be stacked.

(c) Containers shall not be refrigerated, or used or designed to be used for office, sales, or other habitable space.

(d) Containers shall be painted to match adjacent building(s) or improvements.

(e) No loose material shall be stacked on or near a container unless approved under all applicable provisions of this chapter.

(f) Containers shall be screened in accordance with FWRC 19.125.170(3)(b). In reviewing proposed screening methods, the director will consider the zoning of the site and surrounding properties; location of the container and visibility from adjacent streets and properties; existing and proposed landscaping; and the physical condition of the container; provided, that containers located on or adjoining a residentially zoned property shall receive 100 percent sight-obscuring screening.

(g) The director may limit the number and/or size of containers on a site if necessary to minimize visual or operational impacts to the site or surrounding properties.

(h) The director may waive or modify the screening and/or placement criteria of this section as necessary to accommodate the storage of emergency preparedness supplies or other materials related to the public health, safety, and welfare, when used in conjunction with institutional and quasi-public uses.

(Ord. No. 18-844, § 11, 3-6-18; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1114.)

(1) No outdoor storage container governed by the provisions of this Code shall be installed, moved or altered by any person without obtaining a permit from the department of community development services. Applicants shall comply with all applicable regulations set forth in FWRC 19.125.180, and all other applicable laws, and obtain all other necessary permits, and pay all fees in connection with all applicable permits. In the event the outdoor storage container does not comply with applicable laws, the department of community development services shall deny the application, unless the container is exempt pursuant to subsection (2) of this section.

(2) Exemption/nonconformance. No permit is required for legal nonconforming outdoor storage containers which are permitted pursuant to FWRC 19.30.155, Nonconforming outdoor storage containers.

(3) Enforcement. Outdoor storage containers not complying with the provisions of this section within 24 months of the effective date of the ordinance codified in this section and not constituting a legal nonconforming outdoor storage container pursuant to FWRC 19.30.155 are subject to the enforcement provisions of this title and other enforcement remedies available to the city.

(Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code § 22-1115.)

Cross references: Density regulations for subdivision improvements, FWRC 18.60.020; land modification restrictions and requirements, Chapter 19.120 FWRC; off-street parking regulations, Chapter 19.130 FWRC; landscaping requirements for rights-of-way, FWRC 19.135.160; sight distance requirements at intersections, FWRC 19.135.300 et seq.; administration of the provisions regarding environmentally critical areas, Chapter 19.145 FWRC, Article I; specific district regulations for zones, FWRC Title 19, Division VI; supplementary district regulations, FWRC Title 19, Division VII.

Cross references: Nuisances, FWRC Title 7; swimming pools, hot tubs, spas, Chapter 13.40 FWRC.

If any provisions of this chapter (other than FWRC 19.130.020) conflict with the provisions of Chapter 19.225 FWRC regarding properties in the city center (CC) zone, the provisions of Chapter 19.225 FWRC will be followed. In the event of a conflict, all provisions of this chapter that do not conflict with Chapter 19.225 FWRC apply to properties in the CC zone.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.10), 2-27-90. Code 2001 § 22-1376.)

(1) Generally. Except as provided in subsection (3) of this section, the number of parking spaces required by Chapters 19.195 through 19.240 FWRC for any particular use is the minimum number of parking spaces required for that use, and the applicant shall provide at least that number of spaces.

(2) Guest parking for residential uses. For residential uses, the city may require guest parking spaces in excess of the required parking spaces, if there is inadequate guest parking on the subject property.

(3) The number of parking spaces required by this Code for a particular use may be reduced only when the use for which the parking is required:

(a) Provides shared parking in accordance with FWRC 19.130.120;

(b) Is located in the CC-C or CC-F zones and is accompanied by a traffic demand management plan which, as a condition of project approval, the applicant shall implement. In such an instance, the director may approve reduction of the required number of parking spaces by up to 20 percent. Transportation demand management options which can be considered by the director include, but are not limited to, the following:

(i) Private vanpool operation;

(ii) Transit/vanpool fare subsidy;

(iii) Preferential parking for carpools/vanpools;

(iv) Flexible work-hour schedule;

(v) Participation in a ride-matching program; or

(vi) Bicycle parking facilities;

(c) Is located in the CC-C or CC-F zones, is adjacent to a public street right-of-way classified to allow on-street parking and the applicant makes a one-time contribution to a city fund established strictly to fund development of on-street parking. The amount of the contribution will be based on a per stall cost established by the city, and the required number of stalls may be reduced on a one-for-one basis according to the amount of the contribution paid;

(d) Provides a parking study in accordance with FWRC 19.130.080(2).

(4) The number of parking spaces required by this Code for a particular use shall be reduced, as needed, to be consistent with the following:

(a) For all housing units constructed after July 1, 2019, that are affordable to very low-income or extremely low-income individuals and that are located within one-quarter mile of a transit stop that receives transit service at least two times per hour for 12 or more hours per day, no more than one parking space per bedroom or three-quarters space per unit shall be required, unless the unit is located in an area that the director determines has a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible for the unit.

(b) For housing units constructed after July 1, 2019, that are specifically for seniors or people with disabilities and that are located within one-quarter mile of a transit stop that receives transit service at least four times per hour for 12 or more hours per day, no parking shall be required except for staff and visitors, unless the unit is located in an area that the director determines has a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible for the unit.

(c) For market rate multifamily housing units constructed after July 1, 2019, that are located within one-quarter mile of a transit stop that receives transit service from at least one route that provides service at least four times per hour for 12 or more hours per day, no more than one parking space per bedroom or three-quarters space per unit, unless the unit is located in an area that the director determines has a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible for the unit.

(Ord. No. 23-949, § 13, 2-7-23; Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.15), 2-27-90. Code 2001 § 22-1377.)

If this title does not specify a parking space requirement for a particular use in a particular zone, the director of community and economic development shall determine a parking requirement on a case-by-case basis. The director shall base this determination on review of an applicant’s written narrative of expected parking need, comparison of similar uses, a thorough parking study in accordance with FWRC 19.130.080(2), or other means.

(Ord. No. 12-735, § 3, 12-4-12; Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.20), 2-27-90. Code 2001 § 22-1378.)

If the formula for determining the minimum and maximum number of parking spaces results in a fraction, that fraction will be rounded up to the next higher whole number.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.25), 2-27-90. Code 2001 § 22-1379.)

The city may require or permit a bond under Chapter 19.25 FWRC to ensure compliance with any of the requirements of this chapter.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.120), 2-27-90. Code 2001 § 22-1380.)

Article II. Modifications²

The provisions of this article establish the circumstances and procedure under which the requirements of this chapter may be modified, either at the request of the appellant or at the initiation of the city.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.115(1)), 2-27-90. Code 2001 § 22-1396.)

(1) If the proposed development or use of the subject property requires approval through process I, II, III, or IV, any proposed modification will be considered as part of that process using the criteria of this article.

(2) If subsection (1) of this section does not apply, the director of community development may require, grant, or deny a modification in writing. The decision of the director may be appealed as provided for in process IV of this title.

(Ord. No. 09-594, § 155, 1-6-09; Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(105.115(2)(a), (b)), 2-27-90. Code 2001 § 22-1397.)

Cross references: Process III review procedure, Chapter 19.65 FWRC; process IV review procedure, Chapter 19.70 FWRC.

The city may grant or require a modification to the provisions of this chapter if the city determines, based on the submitted plans and/or other information, that the following criteria have been met for modifications to the applicable sections:

(1) The parking area design provisions of FWRC 19.130.160(2) and 19.130.200 may be modified if:

(a) The modification will not create any vehicular or pedestrian safety problems;

(b) The modifications will not affect the ability to provide any property with police, fire, emergency medical and other essential services; and

(c) One of the following requirements is met:

(i) The modification is necessary because of a pre-existing physical condition; or

(ii) The modification will produce a site design superior to that which would result from adherence to the adopted standard.

(2) A decrease in the required number of parking spaces under FWRC 19.130.020 may be permitted if:

(a) A thorough parking study prepared by a qualified professional determines that fewer parking spaces will be adequate to fully serve the proposed use or uses after consideration of ITE parking requirements; any proposed transportation demand management plan; access to transit; similar projects constructed in the region; availability of unencumbered street parking; and any other relevant information; and

(b) The public works director concurs with the determination in the parking study.

(Ord. No. 25-1008, § 16, 4-1-25; Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.115(3)), 2-27-90. Code 2001 § 22-1398.)

The parking area location requirements of FWRC 19.130.110 may be modified if:

(1) The proposed parking area will have no adverse impacts on adjacent properties;

(2) It is reasonable to expect that the proposed parking area will be used by the employees, patrons and others coming to the subject property; and

(3) A safe pedestrian and/or shuttle connection exists, or will be created at the time of occupancy, between the subject property and the proposed parking area.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43,

§ 2(105.115(2)(c)), 2-27-90. Code 2001 § 22-1399.)

The surface material requirements of FWRC 19.130.210 may be modified if:

(1) The surfacing material will not enter into the drainage system, or onto public or other private property;

(2) The surfacing material will provide a parking surface which is usable on a year-round basis;

(3) Use of the surfacing material will not result in dust or deterioration of air quality; and

(4) Runoff from the parking area will not degrade water quality.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.115(2)(g)), 2-27-90. Formerly 22-1403. Code 2001 § 22-1400.)

Article III. Location of Parking Areas

(1) Unless otherwise specified in this title or modified in accordance with FWRC 19.130.090, the applicant shall provide the required number of parking spaces either:

(a) On the subject property; or

(b) On a lot adjoining the subject property, if that lot is in a zone that permits the use conducted on the subject property.

(2) If the parking is located on a lot other than the lot containing the use which generates the parking space requirements, the owner of the lot containing the parking must sign a covenant or other instrument, in a form acceptable to the city attorney, requiring that the lot be devoted in whole or in part to required parking for the use on another lot. The applicant must record this statement with the county to run with all affected properties.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.30), 2-27-90. Code 2001 § 22-1421.)

(1) Two or more businesses or uses may share parking areas. The number of parking spaces that must be provided in such shared areas must be at least 90 percent of parking spaces required by this title for all such businesses or uses that are open or generating parking demands at the same time. The owner of each lot must sign an agreement in a form acceptable to the city attorney, stating that the owner’s property is committed to providing parking for the other property. This statement must be recorded with the King County auditor, at the applicant’s expense, and shall run with the properties.

(2) A request for shared parking on properties located in the CC-C and CC-F zones must meet the following requirements:

(a) The applicant must submit a parking demand study, prepared by a professional traffic engineer, demonstrating that the peak hours of parking demand for the businesses or uses which propose to share parking will not substantially conflict.

(b) The shared parking facilities and buildings which they serve shall be connected with pedestrian facilities improved according to the standards set forth in FWRC 19.115.050(4)(b), and no building or use involved shall be more than 500 feet from the most remote parking facility. The distance between the parking facility and the building or use which it is to serve shall be measured from the closest portion of the parking facility to the nearest building entrance that the parking area serves.

(c) Notwithstanding subsection (1) of this section, a business or use located in a CC-C or CC-F zone and proposing to share parking may reduce the number of required parking spaces, up to a maximum of 20 percent of the number of spaces otherwise required; provided, that the reduction shall not exceed the number of shared spaces reasonably anticipated to be available to the applicant during the applicant’s peak hours of parking demand.

The provision for a 20 percent maximum parking requirement reduction is suggested as an administrative guideline only. The planning director shall ultimately determine the size of the parking reduction, subject to the other requirements of this subsection.

(d) A written agreement shall be drawn to the satisfaction of the city attorney and executed by all parties concerned assuring the continued availability of the number of stalls designed for joint use.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.35), 2-27-90. Code 2001 § 22-1422.)

The applicant shall locate a parking area for a use, other than a detached dwelling unit, as far as possible from any adjoining single-family zone.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.40), 2-27-90. Code 2001 § 22-1423.)

For regulations on parking areas in required setback yards, see FWRC 19.130.240.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.45), 2-27-90. Code 2001 § 22-1424.)

Article IV. Parking Area Design

(1) The applicant shall design parking areas in accordance with Chapter 19.115 FWRC, Community Design Guidelines.

(2) The director of community development is authorized to adopt standards, specifications and requirements, consistent with the provisions of this title, which shall be on file in the city clerk’s office, regarding the design and dimensional requirements of parking areas, driveways and related improvements. These standards, specifications and requirements are provided in the city of Federal Way Community Development Department Bulletin No. 042, Parking Lot Design Criteria, and shall be followed and have the full force and effect as if they were set forth in this chapter.

(Ord. No. 25-1008, § 17, 4-1-25; Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 96-270, § 3(D), 7-2-96; Ord. No. 90-43, § 2(105.50, 105.55), 2-27-90. Code 2001 § 22-1441.)

The applicant may develop and designate up to 25 percent of the number of parking spaces for compact cars.

In the CC-F and CC-C zones, the applicant may designate up to 40 percent of the number of parking spaces for compact stalls if the parking lot has more than 20 spaces.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 90-43, § 2(105.60), 2-27-90. Code 2001 § 22-1442.)

The applicant shall design the parking area using standards set forth in state regulations for barrier free access.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(105.65), 2-27-90. Code 2001 § 22-1443.)

If the parking area serves a use other than a detached dwelling unit, the applicant shall clearly delineate parking spaces, traffic directions and entrance and exit ways. The city may require other traffic control devices necessary to ensure the safe and efficient flow of traffic. All traffic control devices shall conform with FWRC 19.135.060.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(105.95), 2-27-90. Code 2001 § 22-1451.)

A parking area that serves any use, other than one serving detached dwelling units or middle housing, must be designed so that traffic need not back onto any street.

(Ord. No. 25-1016, § 24, 6-3-25; Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(105.100), 2-27-90. Code 2001 § 22-1452.)

(1) The applicant shall surface the parking areas, driveways and other vehicular circulation areas with a material comparable or superior to the surface material of the right-of-way providing direct vehicle access to the parking area.

(2) Single-family residential uses shall surface the first 40 feet of unpaved driveways measured from the back of the sidewalk or public right-of-way, whichever is greater.

(3) Grass grid pavers may be used for emergency access areas that are not used in required permanent circulation and parking areas.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(105.105), 2-27-90. Code 2001 § 22-1453.)

A parking lot may not be designed so that a street is used as part of its circulation pattern to get from one part of the parking lot to another part of the parking lot.

(Ord. No. 07-554, § 5(Exh. A(11)), 5-15-07; Ord. No. 90-43, § 2(105.110), 2-27-90. Code 2001 § 22-1454.)

Article V. Reserved

Article VI. Yard Requirements

Vehicles may not be parked in required yards except as follows:

(1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached dwelling units.

(a) Generally. Vehicles may not be parked in a required side yard, but may be parked in the required front and rear yards only if parked on a driveway and/or parking pad. A driveway and/or parking pad, in a required front yard, may not exceed 20 feet in width except as specified in subsection (1)(b) of this section and may not be closer than five feet to any side property line. Recreational vehicles to be used as a temporary dwelling on a residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance are not required to be parked on a driveway and/or parking pad.

(b) Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if:

(i) It serves a three-car garage, the subject property is at least 60 feet in width, and the garage is located no more than 40 feet from the front property line;

(ii) It serves an ADU and the subject property is at least 60 feet in width; or

(iii) It serves an ADU and the width of the driveway at the property line directly abutting the right-of-way does not exceed 20 feet.

In addition, a driveway may flare at the front property line to a maximum width of 30 feet.

(2) Attached and stacked dwelling units in the RM zone and middle housing. The regulations of this subsection apply to driveways and parking areas for attached and stacked dwelling units in the RM zone, and middle housing in any zone in which it is a permitted use.

(a) Parking areas may not be located in required yards.

(b) Driveways must be set back at least five feet from each property line, except the portion of any driveway which crosses a required yard to connect with an adjacent street.

(3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1) and (2) of this section may be located within required yards.

(4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required yard between those uses.

(Ord. No. 25-1016, § 25, 6-3-25; Ord. No. 23-963, § 9, 7-5-23; Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 07-554, § 5(Exh. A(9)), 5-15-07; Ord. No. 90-43, § 2(115.115(5)), 2-27-90. Code 2001 § 22-1135.)

Article VII. Residential Parking and Vehicle Storage³

The purpose of this article is to establish standards for parking and storage of vehicles for residential zones and uses. These standards are intended to protect property values by reducing visual blight caused by vehicle storage and to provide reasonable size limitations for storage of commercial and recreational vehicles.

(Ord. No. 10-674, § 6, 10-19-10.)

(1) All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport, driveway, or a parking pad except for recreational vehicles to be used as a temporary dwelling as specified in FWRC 19.130.290(1). A parking pad shall accommodate the size of the vehicle and be composed of asphalt, cement, gravel, pavers, or LID methods (pervious asphalt, pervious concrete, etc.). Grass shall be an acceptable parking pad surface except in the area located between the primary dwelling unit and the front property line, and except as limited by FWRC 19.130.240.

(2) Any garage, carport or parking pad shall have direct driveway access.

(3) All vehicles considered junked, wrecked, dismantled, or inoperable must be stored in a completely enclosed building.

(Ord. No. 10-674, § 7, 10-19-10.)

Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows:

(1) A maximum of one commercial vehicle based on standard pickup, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot;

(2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE);

(3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle;

(4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit;

(5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right-of-way or access easement and not parked in the driveway;

(6) Parking or storage as allowed by FWRC 19.130.270.

Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot.

(Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 09-595, § 12, 1-6-09; Ord. No. 04-457, § 3, 2-3-04. Code 2001 § 22-1176.)

Parking or storage of any recreational vehicle, utility trailer, or boat is permitted on residentially zoned lots outside of a completely enclosed structure only when consistent with the following requirements:

(1) Recreational vehicles, utility trailers, and boats shall not intrude into rights-of-way or obstruct sight visibility from driveways or street intersections.

(2) Recreational vehicles, utility trailers, and boats shall not be parked in the front yard unless there is no reasonable access to the side or rear yard because of topography or other physical conditions on the property.

(3) No more than one recreational vehicle, utility trailer, and boat may be stored at any time.

(4) At no time shall a parked or stored recreational vehicle, utility trailer, or boat be occupied or used as permanent or temporary housing unless specifically allowed under FWRC 19.130.290.

(5) The recreational vehicle, utility trailer, or boat shall be licensed and operable.

(6) The utility trailer or boat shall be owned by a resident or owner of the property. The recreational vehicle shall be owned or occupied by the resident or owner of the property.

Notwithstanding the foregoing, recreational vehicles, utility trailers, or boats may be parked temporarily for loading and unloading activities regardless of whether such parking is consistent with the requirements of this section.

(Ord. No. 24-991, § 4, 9-17-24; Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 09-595, § 13, 1-6-09; Ord. No. 04-457, § 3, 2-3-04. Code 2001 § 22-1177.)

It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle, recreational vehicle, or boat parked in a residential zone for more than 14 days in any 180-day period, except as allowed by subsection (1) of this section.

(1) Based on a written request, the director may permit a recreational vehicle of any size to be used as a temporary dwelling on a single-family residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance, or where a valid building permit has been issued for remodel of the primary structure, provided:

(a) The recreational vehicle may be occupied for a maximum of 12 months from the date of the director’s approval. One 12-month extension may be granted by the director based on demonstration of continuing hardship and documented good faith efforts to complete construction.

(b) Occupancy of the recreational vehicle shall cease within 30 days of issuance of a certificate of occupancy for reconstruction of the primary dwelling unit at the property.

(c) The recreational vehicle may be located within the required front yard setback but may not obstruct sight distance at driveways and intersections. The recreational vehicle may not be located in required side or rear yard setbacks.

(d) Generators shall not be utilized.

(e) The director’s approval is revocable if the requirements of this section are not met.

(2) The director shall provide a copy of the approval letter to the applicant, property owner (if different from the applicant), and all adjoining property owners.

(Ord. No. 24-991, § 5, 9-17-24; Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 04-457, § 3, 2-3-04; Ord. No. 90-43, § 2(115.145(3)), 2-27-90. Formerly 22-1179. Code 2001 § 22-1180.)

Cross references: Traffic and vehicle regulations, FWRC Title 8; requirements for conformance of nonconforming parking, FWRC 19.30.090; landscape requirements, Chapter 19.125 FWRC; vehicular access easement improvements required, FWRC 19.135.090 et seq.

Cross reference: City government, FWRC Title 2.

Cross reference: District regulations, FWRC Title 19, Division VI.

If the city council has approved a public improvements master plan or special design guidelines for a particular area that includes a right-of-way, the master plan or other guidelines will be filed with the city clerk and will govern the improvements to be provided by developments that abut that right-of-way.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.10), 2-27-90. Code 2001 § 22-1471.)

The public works director shall produce and keep current an official right-of-way classification map that classifies each of the improved and proposed rights-of-way, other than alleys, based on the classification standards contained within FWRC 19.135.210 and 19.135.220 and the objectives of the comprehensive plan. This right-of-way classification map, as adopted and amended from time to time, shall have the full force as if its provisions were fully set forth within this title.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.15), 2-27-90. Code 2001 § 22-1472.)

Cross reference: Rights-of-way, Chapter 4.25 FWRC.

(1) The applicant shall provide the improvements required by this chapter if the applicant engages in any activity which requires a development permit, except for the following:

(a) The applicant need not comply with the provisions of this chapter if the proposed improvements in any 12-month period do not exceed 25 percent of the assessed or appraised value (based on an appraisal conducted by a state-certified real estate appraiser provided by the applicant) of all structures and land combined on the subject property, whichever is greater, except that if the subject property is equal to or greater than 100,000 square feet in size, the land value shall not be included in the assessed or appraised value used to determine the 25 percent. If the 25 percent threshold is exceeded, public improvements will be required under FWRC 19.135.040 to the extent they are commensurate with the impacts of the development, as determined by the director.

(b) The applicant need not comply with the provisions of this chapter if, within the immediately preceding four years, public improvements were installed as part of any subdivision or discretionary land use approval under this or any prior zoning code.

(c) The applicant need not comply with the provisions of this chapter if the proposal is to locate a personal wireless services facility (PWSF) on the subject property.

(d) The applicant need not comply with the provisions of this chapter if the proposal is for facade improvements only. In addition, the cost of improvements required by Chapter 19.115 FWRC, Community Design Guidelines, shall not be included in the total cost of improvements measured over a 12-month period pursuant to subsection (1)(a) of this section.

(e) Tenant improvements, unless the proposed improvements add additional floor area.

(f) If the required improvement is part of a larger project that has been scheduled for construction in the city’s adopted six-year transportation improvement program, the public works director may permit the applicant to fulfill the applicant’s obligation under this section by paying to the city the pro rata share of the costs of the required improvements attributable to the development of the subject property, as determined by the public works director. For purposes of determining the applicant’s pro rata share, funds received by the city from any federal, state, or local grant for the project shall be excluded from the total cost of the planned six-year transportation improvement.

(2) Right-of-way adjacent to and within land divisions must be dedicated and improved consistent with the requirements of this chapter, unless different requirements are imposed by the city as part of the land division approval process.

(3) Ingress/egress and utilities easements or alleys may be permitted subject to the conditions established in the city of Federal Way public works development standards.

(Ord. No. 10-652, § 15, 4-6-10; Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 00-363, § 15, 1-4-00; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.20), 2-27-90. Code 2001 § 22-1473.)

Cross reference: Rights-of-way, Chapter 4.25 FWRC.

(1) Generally. The development standards portion of FWRC 19.135.200 through 19.135.250 establish the improvements that must be installed, based on the classification of the various rights-of-way within the city. The applicant shall, consistent with the provisions of this chapter, install all improvements established in FWRC 19.135.200 through 19.135.250 along the frontage of each right-of-way that abuts and traverses the subject property, commensurate with the impacts of the development. At a minimum, improvements shall be required on the abutting side of the right-of-way and a 10-foot lane on the side of the right-of-way opposite the frontage.

(2) The public works director shall have the authority to adopt and modify standards for ingress/egress and utilities easements or alleys which may be determined subject to the conditions and standards established in the city of Federal Way public works development standards.

(3) Additional dimensions and improvements. The applicant may increase the dimensions of any required improvement or install additional improvements within the right-of-way with the written consent of the public works director.

(4) Authority to require dedication. If a right-of-way abutting the subject property has inadequate width based on the requirements in FWRC

19.135.200 through 19.135.250, the applicant shall dedicate a portion of the subject property parallel to the right-of-way and equal in width to the difference between the present right-of-way width and the width required by FWRC 19.135.200 through 19.135.250 for that right-of-way. The public works director may waive additional dedication or may permit dedication of a lesser amount of the subject property for additional right-of-way width if:

(a) It is likely to anticipate that, within the near future, the private property across the right-of-way will be required to dedicate property for public right-of-way; or

(b) The reduction in the required right-of-way width will nonetheless provide adequate room for all improvements, infrastructure and functions within the right-of-way. For the purpose of determining the rough proportionality of right-of-way dedication to the development’s impacts, the city may require up to 300 square feet of right-of-way dedication per average daily trip generated by the development. All dedications under this subsection shall be by conveyance through a statutory warranty deed.

(5) Partial right-of-way improvements. Where a right-of-way abutting the subject property does not, even after dedications required under subsection (4) of this section, contain adequate width to install all of the improvements required within that right-of-way under this chapter, the applicant shall install improvements within the right-of-way which will provide a safe and efficient right-of-way and which will facilitate completion of all right-of-way improvements required in this chapter at a later date. The specific extent and nature of improvements, where full right-of-way width is not available, will be determined by the public works director on a case-by-case basis.

(6) Easements. The public works director may require the applicant to grant such easements over, under and across the subject property as are reasonably necessary or appropriate under the circumstances, including but not limited to easements for the following:

(a) Pedestrian access and sidewalks.

(b) Street lighting.

(c) Traffic control devices.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.25), 2-27-90. Code 2001 § 22-1474.)

The city may require the applicant to pave or install additional improvements within rights-of-way, either abutting or not abutting the subject property. This may include traffic signals, channelizations, turn lanes, and other improvements necessary or appropriate to improve traffic circulation and safety, the need for which is directly attributable to development of the subject property. Where appropriate, the public works director may permit the applicant to fulfill the applicant’s obligation under this section by paying to the city the pro rata share of the costs of the required improvements attributable to development of the subject property, as determined by the public works director. The city may also require the applicant to provide traffic studies and other data describing the traffic impacts of the proposed development, the need for improvements under this section, and the reasonable pro rata share of the costs of these improvements to be borne by the applicant.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.30), 2-27-90. Code 2001 § 22-1475.)

All traffic control devices and pavement markings shall conform to the Manual on Uniform Traffic Control Devices (M.U.T.C.D.) as adopted, from time to time, by the State Department of Transportation.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.55), 2-27-90. Code 2001 § 22-1476.)

The public works director may modify, defer or waive the requirements of this chapter only after consideration of a written request for the following reasons:

(1) The improvement as required would not be harmonious with existing street improvements, would not function properly or safely or would not be advantageous to the neighborhood or city as a whole.

(2) Unusual topographic or physical conditions preclude the construction of the improvements as required.

(3) Proper vertical or horizontal alignments cannot be determined because the existing streets do not have correct alignments.

(4) The required improvement is part of a larger project that has been scheduled for construction in the city’s adopted six-year transportation improvement program.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.60), 2-27-90. Code 2001 § 22-1477.)

The city may require or permit a bond under Chapter 19.25 FWRC to insure compliance with any of the requirements of this chapter.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.65), 2-27-90. Code 2001 § 22-1478.)

Article II. Vehicular Access Easements Improvements²

If access to the subject property is over a vehicular access easement or tract, the applicant shall, except as specified in FWRC 19.135.100, install improvements within the vehicular access easement or tract consistent with the requirements for rights-of-way, as established in this chapter, from the point the subject property obtains access to the vehicular access easement or tract to the nearest intersecting right-of-way. The public works director shall determine which of the provisions of FWRC 19.135.200 through 19.135.250 apply to the vehicular access easement or tract based on the classification criteria of those charts.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.35(1)), 2-27-90. Code 2001 § 22-1496.)

The following provisions of this article shall apply:

(1) A vehicular access easement or tract (ingress/egress and utilities easement) may be permitted subject to the conditions established in the city of Federal Way public works development standards.

(2) If the vehicular access easement or tract does not have adequate width for the installation of the improvements required by this chapter, the public works director shall determine the nature and extent of the improvements to be installed in the vehicular access easement or tract on a case-by-case basis. Pervious paving techniques may be used on private roads where feasible, as authorized by the public works director and in accordance with FWRC Title 16, Surface Water Management.

(3) Streetlights are required at the intersection of a vehicular access easement or tract and a right-of-way, but not at any other location within the vehicular access easement or tract, unless specifically required by the public works director.

(4) Notwithstanding any other provision in this chapter, vehicular access easements and tracts must comply with applicable standards of the serving fire district.

(Ord. No. 18-844, § 12, 3-6-18; Ord. No. 09-630, § 37, 10-20-09; Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.35(2)), 2-27-90. Code 2001 § 22-1497.)

The entire width of a vehicular access easement or tract must remain unobstructed at all times up to a height of 16 feet above the surface of the vehicular access easement or tract. No parking or structures are permitted in this area.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.35(3)), 2-27-90. Code 2001 § 22-1498.)

If access to the subject property is by a vehicular access easement or tract, the right of each served property and the responsibility of the served properties to construct, maintain and reconstruct the improvements within the vehicular access easement or tract must be established by written document approved by the city attorney. This document must be recorded in the county to run with all affected properties.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.35(5)), 2-27-90. Code 2001 § 22-1500.)

Article III. Right-of-Way Improvements³

(1) Generally. The public works director shall prepare and make available for distribution administrative standards and specifications for right-of-way construction and construction of ingress/egress and utilities easements and alleys based on current and generally accepted engineering practices. The standards shall include specifications and/or drawings for rights-of-way cross-sections, safety railings and guardrails, appurtenances within the street, surfacing requirements, illumination, trench backfill and restoration, drainage, utilities, construction materials, survey monuments and other related construction elements.

(2) Current standards. The construction standards specified in the current edition of the Federal Way development standards administered by the department of public works will apply. Where no city standards exist to address a road situation, the King County road standards shall apply.

(3) Enforcement. The standards and specifications adopted or incorporated under this section shall have the full force as if set forth in this title.

(Ord. No. 18-844, § 13, 3-6-18; Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.40), 2-27-90. Code 2001 § 22-1516.)

(1) Medians may be required on arterial streets to improve traffic circulation and enhance right-of-way appearance. Medians shall be required if either of the following conditions are met:

(a) There are more than two through traffic lanes in either direction.

(b) The arterial roadway segment has crash rate greater than 10 crashes per million vehicle miles, as determined by the public works director.

(2) When medians are constructed, the following standards shall apply:

(a) Edges shall be vertical curb in urban areas.

(b) Landscaping and irrigation are required.

(c) Medians shall be designed not to limit turning radius or sight distance at intersections and driveways.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.45(1)), 2-27-90. Code 2001 § 22-1517.)

(1) Bicycle facilities shall be installed as indicated on the bicycle/pedestrian facilities plan as shown in the currently adopted comprehensive plan.

(2) When bicycle facilities are provided as part of the right-of-way design and installation, they shall meet the standards defined in the most current version of the Washington State Department of Transportation Design Manual, M 22-01.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.45(2)), 2-27-90. Code 2001 § 22-1518.)

Cross reference: Bicycles, Chapter 8.25 FWRC.

Installation of landscape strips and street trees in rights-of-way shall be required as rights-of-way are constructed. Street trees shall be installed in conformance with a right-of-way landscaping plan, and planting specifications to be adopted by the public works director.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.45(3)), 2-27-90. Code 2001 § 22-1519.)

Cross reference: Landscape requirements, Chapter 19.125 FWRC.

Sidewalks shall be installed as established in FWRC 19.135.210 and 19.135.220 for each classification of right-of-way. Sidewalk widths may be required above the minimum in areas where special design standards have been adopted.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.45(4)), 2-27-90. Code 2001 § 22-1520.)

All required utilities shall be installed underground as rights-of-way are constructed. If the city determines that undergrounding is not feasible at the time the right-of-way is constructed, the applicant must sign a concomitant agreement to pay the subject property’s fair share of undergrounding the utilities at some future date when undergrounding is feasible. This concomitant agreement shall be recorded with the county at the expense of the applicant and shall run with the property.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.45(5)), 2-27-90. Code 2001 § 22-1521.)

Cross reference: Utilities, FWRC Title 11.

Street lighting shall be required on all rights-of-way.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.45(6)), 2-27-90. Code 2001 § 22-1522.)

The following describes elements common to all roadway improvements:

(1) Design speeds should be 10 mph over posted limits, subject to modification based on topographical constraints. In no case shall design speeds be less than posted speed limits, except for local streets in residential zones.

(2) Minimum radius on horizontal curves shall be based on AASHTO rural/high speed urban street friction factors with a normal crown section for design speeds of 35 mph or greater. For design speeds less than 35 mph, AASHTO low-speed urban street side friction factors with a normal crown section may be used. Superelevation should not be used.

(3) All curbs shall be vertical per King County Road Standards, latest edition, except in low and medium density single-family residential comprehensive plan designation or for temporary improvements, in which case a ditch section or thickened edge may be permitted.

The applicant shall install any other improvements necessary for the proper operations or maintenance of the improvements required by or under this title, as determined by the public works director.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.45(7)), 2-27-90. Code 2001 § 22-1523.)

(1) Complete Streets Policy. The city of Federal Way will plan for, design, and construct all new and retrofitted transportation projects to provide reasonable and appropriate accommodation for pedestrians, bicyclists, and transit users of all ages and abilities, as well as motorists, passengers, emergency responders, and freight, with a goal of street connectivity that creates a comprehensive, integrated, connected network for all modes because all users of the network are legitimate and equally deserving of safe facilities.

(2) “Complete street” means a road that is designed to be safe and accessible for motorists, bicyclists, school and public transit users, freight, emergency responders, and pedestrians of all ages and abilities. The complete street policy focuses not just on changing individual roads, but on changing the decision-making process so that all users are routinely considered during the scoping, planning, design, construction, operation, and maintenance of all roadways.

“Complete streets infrastructure” means design features that contribute to a safe, convenient, or comfortable travel experience for users, including but not limited to features such as: sidewalks; shared use paths; bicycle lanes; automobile lanes; paved shoulders; street trees and landscaping; planter strips; curbs; accessible curb ramps; bulb outs; crosswalks; refuge islands; pedestrian and traffic signals, including countdown and accessible signals; signage; street furniture; bicycle parking facilities; mini-roundabouts; traffic calming devices such as speed humps and traffic circles, and surface treatments such as paving blocks and textured pavement; narrow vehicle lanes; and raised medians.

(3) The city of Federal Way shall incorporate complete streets infrastructure into the transportation element of the city’s comprehensive plan, ADA transition plan, public works development standards, parks and recreational master plan, and all other plans, manuals, rules, regulations, and programs as feasible and appropriate.

(4) The city of Federal Way will foster partnerships with all Washington State transportation funding agencies including the Washington State Department of Transportation, the Transportation Improvement Board, the Federal Highway Administration, King County, Federal Way School District, citizens, businesses, interest groups, neighborhoods, and any funding agency to implement Federal Way’s complete streets policy.

(5) The public works director, or their designee, shall modify, develop, and adopt policies, design criteria, standards, and guidelines based upon recognized best practices in street design, construction, and operations, including but not limited to the latest editions of the American Association of State Transportation Officials and Institute of Transportation Engineers guidelines and standards, while reflecting the context and character of the surrounding built and natural environment and enhancing the appearance of such.

(6) Exceptions. Facilities for bicyclists, pedestrians, transit users and/or persons of all ages and abilities are required to be provided in new construction, retrofit, or reconstruction projects, except in any of the following extraordinary circumstances:

(a) The project involves a roadway on which nonmotorized use is prohibited by law. In this case an effort shall be made to accommodate pedestrians and bicyclists elsewhere, including on roadways that cross or otherwise intersect with the affected roadway; or

(b) Where there is no identified current or long-term need; or

(c) Where the cost of accommodation is excessively disproportionate to the need or probable use; or

(d) Where routine maintenance and repair of the transportation network is performed that does not change the roadway geometry or operations, such as mowing, sweeping, spot repair, surface treatments, repaving, pavement overlay, or interim measures; or

(e) Where emergency repairs require an immediate, rapid response; however, temporary accommodations for all modes should still be made. Depending on the severity of the repairs, opportunities to improve multimodal access should still be made; or

(f) Where a reasonable and equivalent project along the same corridor is already programmed to provide facilities exempted from the project at hand.

Any exception to this policy for public projects requires documentation and supporting data to be approved by the city council upon review and recommendation from the land use and transportation committee. Supporting documents and data for all requested exemptions shall be made publicly available. Exceptions to this policy, as outlined above, may be granted by the public works director for private development projects in response to a modification, deferment, or waiver request under FWRC 19.135.070. Supporting documents and data for all such granted exceptions shall be made publicly available with ability for public comment.

(Ord. No. 18-859, § 3, 12-4-18; Ord. No. 12-718, § 3, 2-21-12.)

The following table illustrates the development standards for principal arterials. Cross-section type shall be as shown in the currently adopted comprehensive plan.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(chart 110-1), 2-27-90. Code 2001 § 22-1524.)

The following table illustrates the development standards for minor arterials. Cross-section type shall be as shown in the currently adopted comprehensive plan.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(chart 110-2), 2-27-90. Code 2001 § 22-1525.)

Cross references: Rights-of-way, Chapter 4.25 FWRC; subdivision required improvements, Chapter 18.60 FWRC.

The following table illustrates the development standards for principal collectors. Cross-section type shall be as shown in the currently adopted comprehensive plan.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98. Code 2001 § 22-1526.)

The following table illustrates the development standards for minor collectors. Cross-section type shall be as shown in the currently adopted comprehensive plan.

(Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98. Code 2001 § 22-1527.)

The following table illustrates the development standards for local streets. Cross-section type shall be as shown in the currently adopted comprehensive plan.

There is no minimum centerline radius on local streets. Traffic calming devices may be incorporated into streets in residential zones, as approved by the public works director.

Cross-section type Y may be used in cluster and short subdivisions when all of the following conditions are met:

(1) The street is in a private tract.

(2) The tract abuts four or less dwelling units.

(3) The tract is less than 150 feet in length.

Ingress/egress and utilities easements and alleys may be permitted subject to the conditions established in the city of Federal Way public works development standards.

(Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(chart 110-2), 2-27-90. Code 2001 § 22-1528.)

Streets shall be provided to develop a street network with a block perimeter of no greater than 2,640 feet, as measured on centerlines. This requirement may be modified if connections cannot be made due to:

(1) Topographical constraints.

(2) Environmentally sensitive areas.

(3) Adjacent development not being conducive.

(Ord. No. 10-660, § 4, 6-1-10.)

(1) Generally. The public works director shall prepare and make available for distribution administrative street vacation policies, including an application checklist and application.

(2) Right-of-way may be reduced or vacated only after the following requirements are completed:

(a) Analysis and documentation consistent with the street vacation policies.

(b) Demonstration that the remaining street network meets the block perimeter standards of FWRC 19.135.251. Where block perimeter standards are not met prior to vacation, any vacation of public right-of-way shall not result in an increase in the nonconforming block length.

(c) A traffic analysis demonstrating that there will be no increase in trips by vehicles, pedestrians, or other modes on the right-of-way network as a result of the vacation; or proposed improvements required for mitigation so there is no resulting increase in trips on the right-of-way network.

(d) A public hearing before the city council complying with the requirements of FWRC 4.20.120.

(Ord. No. 20-894, § 2, 8-11-20.)

Article IV. Access Management⁴

This article establishes requirements for the location and width of intersections and driveways. See also provisions of Chapter 19.130 FWRC for other related requirements.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.50), 2-27-90. Code 2001 § 22-1541.)

The maximum width of driveways, excluding flaring as approved by the public works director, is as follows:

(1) For driveways that serve only single-family residential uses, the maximum driveway width is the greater of 20 feet for a two or more stall driveway, or 10 feet for each parking stall, and 10 feet for a one-stall driveway.

(2) For other private driveways, refer to the city of Federal Way public works development standards for requirements.

(3) For driveways that serve uses other than single-family residential uses, the driveway width is 30 feet for a two-lane two-way driveway and 40 feet for a three-lane two-way driveway unless modified by the public works director. Driveway widths may be increased or decreased in order to provide adequate width for vehicles that may be reasonably expected to use the driveway, as determined by the public works director.

(Ord. No. 25-1016, § 26, 6-3-25; Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.50(1)), 2-27-90. Code 2001 § 22-1542.)

(1) Access to arterials and collectors may be permitted consistent with the following table. On state highways that are not designated as limited access, the minimum spacing is 250 feet, or as shown in the following table, whichever is greater.

Left-turn and crossing movements through standing queues of traffic may be prohibited, as determined by the public works director.

* Does not apply to single-family residential uses.

** Greater spacing may be required in order to minimize conflicts with queued traffic.

*** If the existing efficiency is less than the standard, new traffic signals may not reduce the existing efficiency.

(a) Raised medians will be required if any of the following conditions are met:

(i) There are more than two through traffic lanes in each direction on the street being accessed.

(ii) The street being accessed has a crash rate over 10 crashes per million vehicle miles, and currently has a two-way left-turn lane.

(b) Two-way left-turn lanes will be required if the street being accessed has a crash rate over 10 crashes per million vehicle miles, and currently does not have a left-turn lane.

(2) Driveways that serve any use other than detached dwelling units may not be located closer than 150 feet to any street intersection or to any other driveway, whether on or off the subject property. Driveways that serve only residential use may not be located closer than 25 feet to any street intersection.

(3) There may be no more than one driveway for each 330 feet of lot frontage. The city may further limit or prohibit access to or from driveways onto arterial streets.

(4) Separation distances shall be measured from centerline to centerline of roadways and driveways.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.50(2)), 2-27-90. Code 2001 § 22-1543.)

Modifications to the standards in FWRC 19.135.280 may be made as determined by the public works director under the following procedures:

(1) The director may grant a modification administratively to reduce spacing standards by up to 20 percent of the tabular values. Criteria are existing accident rates and suspected low number of turning conflicts.

(2) A formal request for modification shall include documentation of topographical constraints, or inability to secure alternative means of access through easements, dedicated tracts, or roadways of lower classification, and granting the modification will not appreciably reduce roadway safety and capacity.

(3) The director may condition modification requests to require that accesses be closed, or further restricted, when alternative means of access become available through development or redevelopment of other properties.

(Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98. Code 2001 § 22-1544.)

Article V. Sight Distance at Intersections⁵

This article establishes that areas around all intersections, including the entrance of driveways onto streets, must be kept clear of sight obstruction. Intersection sight distance shall be based on posted speed limits per AASHTO requirements. FWRC 19.135.310 establishes what may be in the area that is to be kept clear of sight obstructions.

(Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(115.130(1)), 2-27-90. Code 2001 § 22-1151.)

(1) Generally. Except as stated in subsection (2) of this section or unless specifically approved by the public works director, no structure, improvement, vegetation or other thing may be within the sight distance triangle between 2.5 feet and 10 feet above the elevations of the pavement edge of each intersecting street or driveway. The “sight distance triangle” is defined by the travel paths of vehicles traveling at the posted speed limit on each approach of the intersection, and the line of sight between the vehicles that is sufficient to allow the operators to accelerate, slow down, or stop in time to prevent a collision.

(2) Exceptions. The following are permitted to be within the area that must be clear of sight obstructions:

(a) Any structure erected before the effective date of the title.

(b) Natural topography of the ground. However, the public works director may require land surface modification to fulfill the intent of this article as part of any development activity on the subject property.

(c) Any number of tree trunks and sign or utility poles if the public works director determines that adequate visual access is available between these tree trunks or poles.

(Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(115.130(3)), 2-27-90. Code 2001 § 22-1160.)

Cross references: Streets and sidewalks, FWRC Title 4, Division II; drainage program, FWRC Title 16; required improvements in subdivisions, Chapter 18.60 FWRC; public improvement assessments, Chapter 18.65 FWRC; public use easements, FWRC 19.05.330; land modifications, Chapter 19.120 FWRC.

Cross references: Rights-of-way, Chapter 4.25 FWRC; traffic and motor vehicles, FWRC Title 8; subdivision improvements, Chapter 18.60 FWRC; yard requirements for driveways, parking areas, fences, structure protruding beyond exterior walls of a structure, retaining walls, walkways, and certain other improvements or structures, FWRC 19.125.160; off-street parking requirements, Chapter 19.130 FWRC.

Cross references: Rights-of-way regulations, Chapter 4.25 FWRC; subdivision required improvements, Chapter 18.60 FWRC; yard requirements for driveways, parking areas, fences, structure protruding beyond exterior walls of a structure, retaining walls, walkways, and certain other improvements or structures, FWRC 19.125.160.

Cross references: Rights-of-way, Chapter 4.25 FWRC; buildings and building regulations, FWRC Title 13; yard requirements for driveways, parking areas, fences, structure protruding beyond exterior walls of a structure, retaining walls, walkways, and certain other improvements or structures, FWRC 19.125.160.

Cross references: Traffic and vehicles, FWRC Title 8; subdivisions, FWRC Title 18; landscaping, Chapter 19.125 FWRC; signs, Chapter 19.140 FWRC.

It is the purpose of this chapter to balance public and private needs. Within this broad purpose are the following objectives:

(1) Recognize the visual communication needs of all sectors of the community for identification and advertising purposes;

(2) Promote a positive visual image of the city and protect property values by:

(a) 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 of the building; and

(b) 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 of the regulations and consistent enforcement;

(6) Provide consistency with the comprehensive plan;

(7) Recognize that the aesthetic value of the total environment does affect economic values of the 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;

(9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created by large signage along public rights-of-way;

(10) Protect public infrastructure and property within public rights-of-way; and

(11) Promote traffic and traveler safety, including by reducing the number of visual distractions, visual competition, and visual obstructions.

(Ord. No. 08-583, § 3(Exh. A), 10-21-08; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1596.)

This chapter applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered after February 28, 1990, the date of incorporation, or after the effective date of annexation if located in areas annexed to the city thereafter. Any nonconforming sign shall be regulated pursuant to FWRC 19.140.210.

(Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1598.)

(1) 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 FWRC 19.140.050 or 19.140.060. 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 of this 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, or date of annexation if located in areas annexed to the city thereafter, do not conform with this Code’s requirements may be eligible for characterization as legal nonconforming signs under FWRC 19.140.210.

(2) 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 ensure compliance with this Code.

(3) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no work was initiated to install or construct any 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.

(Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-487, § 3, 4-19-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(a) – (c).)

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.

(Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-487, § 3, 4-19-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(d)(1).)

A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements:

(1) Address identification with numbers and letters not more than 10 inches in height.

(2) 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.

(3) Barber poles.

(4) 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 10 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.

(5) 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.

(6) 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 but not larger than 40 square feet in size.

(7) 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.

(8) Gravestones or other memorial displays associated with cemeteries or mausoleums.

(9) Historical site plaques and signs integral to an historic building or site.

(10) Holiday decorations displayed in conjunction with recognized holidays.

(11) 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.

(12) Instructional signs that do not exceed six square feet in area per sign face.

(13) 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.

(14) Integral signs when no more than one per building.

(15) Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs.

(16) Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site).

(17) Nameplates not to exceed two square feet per sign face.

(18) Nonblinking small string lights which are part of decoration to be used in association with landscaped areas and trees.

(19) 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 only display instructional or price information and shall not include copy 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 Chapter 19.125 FWRC.

(20) 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.

(21) 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.

(22) Private notice signs.

(23) Real estate signs. Real estate signs shall be limited to one on-site sign per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession.

(24) Temporary business signs for temporary business defined by FWRC 12.25.010; 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 32 square feet per sign face.

(25) 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.

(26) Warning signs.

(27) 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.

(28) Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the field.

(29) Portable signs located in the public right-of-way subject to the following standards:

(a) Signs may not be affixed to the ground, including through the use of stakes or other means that may damage property;

(b) No more than two signs are allowed per event and no person may have more than two signs at any one time, except that 10 open house signs are allowed;

(c) Sign area shall neither exceed six square feet per sign face nor 36 inches in height;

(d) Signs are allowed only between the hours of 9:00 a.m. to sunset and must be removed each day;

(e) Signs may not be placed on or attached to other objects, including but not limited to buildings, structures, trees, plants, utility poles, utility boxes, utility equipment, or other signs;

(f) Signs shall not be located on the traveled portion of a roadway; in parking lanes; on sidewalks; in bicycle lanes; or placed in a manner that interferes with vehicle, bicycle, wheelchair, or pedestrian views or travel;

(g) Signs shall not be placed in street medians or street side planter strips; and

(h) Signs shall have a name and contact phone number or other contact information on them.

(Ord. No. 08-583, § 3(Exh. A), 10-21-08; Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-487, § 3, 4-19-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(d)(2).)

No permit for any sign for any civic event, community service event, city-sponsored civic or community event, special sale/promotional event, grand openings, mural display or scoreboards shall be issued 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.”

(Ord. No. 12-720, § 3, 3-6-12; Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-487, § 3, 4-19-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(e).)

The allowable type, number, sign area, height, location, and content of signs used to identify government facilities in residential zones must comply with Table 2, “Sign Allowances for Residential Zones – Permit Required.” Signs for government facilities in nonresidential zones must comply with the requirements of FWRC 19.140.140 through 19.140.160. All signs must be approved by the city. Street and traffic signs are excluded from these requirements.

(Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-487, § 3, 4-19-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(f).)

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.”

(Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-487, § 3, 4-19-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(g).)

(1) Purpose. The purpose of this section is to:

(a) Acknowledge that adverse impacts of the current housing crisis have resulted in numerous home foreclosures as well as houses remaining unsold for extended periods of time;

(b) Make it easier for owners to sell their property by increasing opportunities for placement of real estate signs within residential zoning districts;

(c) Create a pilot program that permits real estate signs to be located within the public right-of-way, subject to specific standards, and evaluate its effectiveness;

(d) Promote pedestrian and vehicular safety through design standards;

(e) Ensure compatibility with neighboring uses; and

(f) Set a sunset date for the pilot program.

(2) Standards. Real estate signs in residential zoning districts are exempt from other provisions of this chapter and may be located within the public right-of-way subject to the following standards:

(a) Real estate signs are limited to signs advertising and/or directing traffic to residences that are for sale, lease or rent;

(b) Signs shall not block or impede the traveled portion of a roadway, parking lanes, driveways, sidewalks, transit stops, bicycle lanes, or areas used for travel by bicycles, wheelchairs, or pedestrians;

(c) Signs shall not be placed in street medians, in traffic circles, or in similar traffic separation features;

(d) No more than 10 real estate signs are allowed per residence;

(e) Signs shall not be affixed to the ground, including through the use of stakes or other means that may damage property;

(f) Signs shall neither exceed six square feet per sign face nor 30 inches in height;

(g) Signs are allowed only between the hours of 9:00 a.m. and 5:00 p.m., or sunset, whichever is later, and must be removed each day;

(h) Signs shall not be placed on or attached to other objects, including but not limited to buildings, structures, trees, plants, utility poles, utility boxes, utility equipment, or other signs; and balloons, paper, cardboard, plastic or perishable, flexible or temporary materials of any kind shall not be taped, stapled, tacked, nailed, glued, or otherwise affixed to the sign; and

(i) Signs shall have a name and contact phone number or other contact information on them.

(3) Expiration. This section shall automatically expire and no longer be in effect on January 1, 2014.

(Ord. No. 11-687, § 3, 4-5-11.)

No person shall maintain a sign in the city without first having been issued a proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from permit requirements. All signs exempt from the permitting requirements set forth in this chapter shall be exempt from the registration requirements, or from having to obtain a sign inventory sticker. However, exempt signs must still be reviewed to ensure conformance with this chapter. 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. The city shall affix the registration sticker containing the registration number to the permitted sign. For signs located in areas annexed to the city, the city will issue a notice of determination as to whether the sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWRC 19.140.210, or an illegal nonconforming sign pursuant to this Code.

(Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-487, § 3, 4-19-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(h).)

The city may require a bond under Chapter 19.25 FWRC to ensure compliance with any aspect of this chapter.

(Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-487, § 3, 4-19-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599(i).)

(Ord. No. 25-1016, § 27, 6-3-25; Ord. No. 13-754, § 8, 12-3-13; Ord. No. 12-720, § 4, 3-6-12; Ord. No. 07-573, § 49, 12-4-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-487, § 3, 4-19-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99. Code 2001 § 22-1599, Tables 1 and 2.)

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 FWRC 19.140.190:

(1) Abandoned or obsolete signs.

(2) Animated or moving signs.

(3) Banners, except as expressly allowed pursuant to Table 1, FWRC 19.140.060(6) and 19.140.150(1)(n).

(4) Billboards.

(5) Dilapidated, nonmaintained signs.

(6) Flashing signs, except electronic changeable message signs or changeable copy signs.

(7) Inflatable advertising devices, except as expressly allowed in FWRC 19.140.070.

(8) Mylar balloons.

(9) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure.

(10) Off-site signs except those expressly allowed in this title.

(11) 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 1 of this chapter.

(12) Portable signs except as expressly allowed in FWRC 19.140.060.

(13) 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, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.).

(14) Signs in a public right-of-way except signs for government and city-sponsored civic or community events, and portable signs that follow the requirements of FWRC 19.140.060(29).

(15) Roof signs.

(16) 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.

(17) Snipe signs.

(18) 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. 12-720, § 5, 3-6-12; Ord. No. 12-713, § 4, 1-17-12; Ord. No. 08-583, § 3(Exh. A), 10-21-08; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 07-550, § 3 [4], 3-20-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1600.)

(1) Scope. This section establishes the procedure and criteria the city will use in deciding upon a permit application for an iconic sign.

(2) Required review process. A permit application for an iconic sign shall be reviewed and approved in accordance with this chapter, except that the criteria for approval shall be exclusively those set forth in this section. No variance to any of the provisions of this section may be granted. Unless expressly stated otherwise, any iconic sign permit shall run with the land and shall not automatically terminate upon sale or transfer of the property.

(3) Intent. This section is intended to create a process whereby a proposed sign that does not meet the dimensional or other standards of this Code may be permitted, if, through design and artistic expression unrelated to its message, the proposed sign is culturally significant to the community or region and is expected to serve a placemaking function either upon completion or with the passage of time. This provision is not intended to be a tool to vary one or more of the standards of this chapter simply to allow for a larger sign than otherwise could be obtained.

(4) Criteria. The city may grant the iconic sign only if it finds all of the following:

(a) The proposed iconic sign is for a nonresidential use;

(b) The proposed iconic sign is representative of a business that was founded in the city and/or region more than 20 years ago;

(c) The proposed iconic sign will be located in the city center core (CC-C);

(d) The proposed iconic sign is consistent with applicable provisions of the comprehensive plan, including the goals and/or policies of the comprehensive plan;

(e) The proposed iconic sign, through design and/or artistic expression unrelated to its message, is significant to the community or region;

(f) The proposed materials and/or design is representative of a particular period of construction and/or demonstrates extraordinary aesthetic quality, creativity, or innovation;

(g) The proposed iconic sign is expected to serve a placemaking function either upon completion or with the passage of time. A sign serves a placemaking function when it serves a wayfinding function for the community;

(h) The proposed iconic sign exhibits characteristics that enhance the streetscape and/or identity of the city center core (CC-C); and it clearly provides a recognizable architectural style and appearance;

(i) Approval of the proposed iconic sign will not arbitrarily or unreasonably result in favoritism of the proposed sign over another sign that is similarly situated in all relevant respects but for which a sign permit has been denied by the city;

(j) The proposed iconic sign is appropriately scaled with the building;

(k) The proposed iconic sign does not have blinking or chasing lights; and all fluorescent lighting is baffled;

(l) The proposed iconic sign will not compromise community safety; and

(m) The proposed iconic sign is not an off-premises sign.

(5) Conditions and restrictions. As part of any approval of a permit under this section, the city may impose any conditions, limitations, or restrictions it considers appropriate. The city may also require a performance bond under FWRC 19.140.110 to ensure compliance with any such condition, limitation, or restriction.

(Ord. No. 23-951, § 4, 3-7-23.)

Permit applications 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. In addition to the categories available in subsections (1) and (2) of this section, a subject property may be permitted an additional freestanding sign if it meets the criteria contained in subsection (4) of this section.

Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by virtue of architectural style or theme are permitted one freestanding monument or pedestal sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet.

(1) High profile sign.

(a) Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign or signs:

(i) A minimum of 250 feet of frontage on one public right-of-way;

(ii) A zoning designation of city center core (CC-C), city center frame (CC-F), community business (BC), or commercial enterprise (CE);

(iii) A multi-use 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: 25 feet;

(ii) Pedestal or monument signs: 12 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 10 feet.

(d) Sign area. A high profile sign shall not exceed the following maximum sign areas:

(i) Pylon or pole sign: 400 square feet for the total of sign faces with no one sign face exceeding 200 square feet;

(ii) Pedestal or monument signs: 128 square feet for the total of all sign faces with no one face exceeding 64 square feet;

(iii) Tenant directory or kiosk signs: 15 square feet per sign face.

(e) Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs:

(i) Pylon or pole signs: Each qualifying site is permitted at least one pylon or pole sign. A second pylon or pole sign is permitted for a qualifying site if the subject property has an additional 500 feet of street frontage, for a total of at least 750 feet of aggregate frontage, on any public rights-of-way. All pylon or pole signs must be separated a minimum distance of 250 linear feet measured along the rights-of-way. A third pylon or pole sign is permitted for a qualifying site if the subject property has a total of at least 2,000 feet of aggregate frontage on two or more public rights-of-way. However, no more than two pylon or pole signs are allowed to front on or be oriented toward a single street right-of-way frontage. All pylon or pole signs must be separated a minimum distance of 250 linear feet, measured along rights-of-way;

(ii) Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (1)(e)(i) of this section. In addition, two monument signs which identify the name of any multi-use 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 subsection (1) of this section and is not a low profile sign by being zoned office park (OP) or professional office (PO) pursuant to subsection (3) of this section is permitted a medium profile freestanding sign.

(b) Sign types. 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 0.75 feet in the sign height for every 10 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 height for every 10 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 sign 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 a 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 for each street frontage. Each street frontage exceeding 300 linear feet and containing more than one vehicular access is permitted one additional freestanding sign. No subject property may contain more than three freestanding signs regardless of total linear street frontage and no one street frontage may have more than two freestanding signs. Freestanding signs shall be located a minimum distance of 200 feet from other freestanding signs on the same subject property.

(3) Low profile sign.

(a) Criteria. A subject property located in the office park (OP) or professional office (PO) zone is permitted a low profile freestanding sign.

(b) Sign types. 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 10 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 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: 15 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) Freeway profile signs. In addition to the categories available in subsections (1) and (2) of this section, a subject property may be permitted an additional freestanding sign if it meets the following:

(a) Criteria.

(i) Abuts the right-of-way of Interstate 5;

(ii) Is located in the zoning designation of city center core (CC-C) or commercial enterprise (CE).

(b) Sign type. A pylon or pole sign is allowed; provided, that any pylon or pole sign must have more than one pole or structural support, and its design must be compatible to the architecture of the primary structure on-site or to the primary sign(s) already permitted on the subject property. Alternatively, a pylon or pole sign may have one pole or structural support if it results in superior design, which shall be subject to the director’s approval.

Sign content for any pylon or pole sign may include center identification signs; provided, however, that all font sizes used are a minimum two feet tall. Any freestanding freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message signs shall not be permitted.

(c) Sign orientation. The sign must be oriented toward I-5, be visible from I-5 (not the off-ramps), and be located near the property line closest to I-5.

(d) Sign height. If the subject property has an elevation lower than the freeway, a freeway profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point nearest to the proposed location of the sign. If the subject property has an elevation that is higher than the nearest driving lane of the freeway, then the sign shall be no taller than 20 feet above the average finished ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average finished ground elevation measured at the midpoint of the sign base in order to be visible above trees or other obstructions, subject to the director’s approval. The sign height shall be measured by a licensed surveyor and the applicant shall be responsible for providing the surveyor.

(e) Sign area.

(i) For a subject property with a multi-tenant complex, a center identification sign identifying only the name of the center shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet.

(ii) For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex and which is located 50 feet or less from the advertised activity, shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet.

(iii) For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex and which is located more than 50 feet from the advertised activity, shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet.

(iv) For a subject property with a multi-tenant complex, a sign advertising just one business shall be located 50 feet or less from the advertised activity with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet.

(v) For a subject property with a single-tenant building, a sign located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet.

(vi) For a subject property with a single-tenant building, a sign located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet.

(f) Number of signs. A subject property qualifying for a freeway profile sign may have only one freeway profile sign per subject property.

The applicant shall be responsible for compliance with applicable federal, state and local laws including Chapter 47.42 RCW and Chapter 468-66 WAC.

(5) 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 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.

(Ord. No. 12-712, § 3, 1-17-12; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-504, § 3, 10-4-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 6, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 96-270, § 3(F), 7-2-96; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1601(a).)

(1) Sign types. The following sign types may be building-mounted signs and are allowed in all nonresidential 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;

(l) Under-canopy signs;

(m) Wall-mounted signs; and

(n) Wall-mounted banners. Notwithstanding the provisions of FWRC 19.140.130, wall-mounted banners, firmly affixed to a building facade, maintained in good repair, and otherwise meeting the height, area, and number regulations of this section.

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 exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face.

(4) Number of signs. The number of building-mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall-mounted center identification signs:

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 applicant is allowed to move allotted signs, as calculated in subsection (4) of this section, 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 FWRC 19.140.060(25).

(Ord. No. 12-713, § 5, 1-17-12; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-504, § 3, 10-4-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 6, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 96-270, § 3(F), 7-2-96; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1601(b).)

The sign area and sign number allowed, as set forth in FWRC 19.140.140(1)(d) and (e) for high profile signs, FWRC 19.140.140(2)(d) and (e) for medium profile signs, and FWRC 19.140.140(3)(d) and (e) for low profile signs and FWRC 19.140.150(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. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-504, § 3, 10-4-05; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 6, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 96-270, § 3(F), 7-2-96; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1601(c).)

(1) Structural components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guy wires, 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.

(2) 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.

(3) Dimensional and design standards.

(a) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for pedestal, pole or pylon signs:

Figure 1 – Type A Pedestal

A ≥ 50% of B

A ≥ 50% of D

B = Height of sign (maximum height – FWRC 19.140.140)

C ≥ 20% of B

Figure 2 – Type B Pole or Pylon Sign

B = Height of sign (maximum height – FWRC 19.140.140)

C ≥ 20% of B

E ≥ 4 inches

(b) Monument signs. The following figures illustrate the dimensional standards for monument signs:

Figure 3 – Monument Sign

A: Maximum height of sign per FWRC 19.140.140

B: Maximum = 200% of A

C: Minimum = 20% of A

D: Equal to 100% of B

(c) 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 of the sign face must be harmonious with the character of the primary structure.

(d) 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.

(4) 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.

(5) Landscaping around freestanding 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.

Landscaping can include evergreen shrubs, deciduous shrubs, vines, and groundcover or grasses. If low shrubs and groundcover are to be used, 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. 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-by-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 Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping.

(6) Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain or utilize any of the following:

(a) Any exposed incandescent lamp with a wattage in excess of 25 watts.

(b) Any exposed incandescent lamp with an internal or external reflector.

(c) Any continuous or sequential flashing device or operation.

(d) Except for electronic changeable message signs, any incandescent lamp inside an internally lighted sign.

(e) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street.

(f) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than 12 inches on center.

(g) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than six inches on center.

(h) All illumination for externally illuminated signs must be aimed away from nearby residential uses and oncoming traffic.

(7) Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements:

(a) The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs.

(b) 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. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1602.)

(1) 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 this sign code.

(2) Required review process. The city will review and decide upon applications for a variance to any of the provisions of this chapter using process IV, Chapter 19.70 FWRC.

(3) Criteria. The city may grant the variance only if it finds all of the following:

(a) 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;

(b) A sign package consistent with the provisions of this chapter would not provide the use or the business with effective signs;

(c) 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;

(d) 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;

(e) The special circumstances of the subject property are not the result of the actions of the applicant, the owner of the property or a self-induced hardship; and

(f) 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.

(4) 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 FWRC 19.140.110 to insure compliance with any such condition or restriction.

(Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1603.)

(1) Compliance with other applicable codes. All signs erected or altered under this chapter must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the International Building Code and the National Electric Code as adopted in FWRC 13.15.010 by the city. If any provision of this Code is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail.

(2) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The area surrounding freestanding signs must be kept free of litter and debris at all times.

(3) Abatement. In addition to the abatement authority provided by proceedings under Chapter 1.15 FWRC, the city or its agents may summarily remove any sign placed on a right-of-way or public property in violation of the terms of this chapter. All signs removed by the city shall be available for recovery by the owner of such sign for a period of two weeks, after which they will be destroyed. Recovery of any sign removed by the city shall be subject to payment of an administrative fee to partially cover the city’s cost in removing and storing the sign as follows:

(a) First violation fee: $5.00 per sign.

(b) Subsequent violations fee: $7.00 per sign.

The city shall not be responsible for damages or loss during removal or storage of any signs. This administrative fee shall be in addition to any civil penalty imposed pursuant to this title.

(4) Inspection. The administrator is empowered to enter or inspect any building, structure or premises in the city, upon which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists.

(Ord. No. 09-597, § 73, 1-6-09; Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 99-342, § 5, 5-4-99; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1604.)

(Ord. No. 07-554, § 5(Exh. A(14)), 5-15-07; Ord. No. 05-486, § 3, 4-19-05; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1605.)

(1) 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 of this Code, or on the date of annexation if located in areas annexed to the city thereafter, this section provides for up to 10 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 10-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.

(2) Definitions. A “nonconforming sign” means any sign as defined by FWRC 19.05.190 which was legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter, but which does not comply with the sign regulations of this chapter 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 Chapter 19.05 FWRC.

(3) Legal nonconformance.

(a) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or on the date of annexation if 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 of this Code.

(b) 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.

(c) Exclusions. Except for billboards, off-site signs, and roof signs, prohibited signs as defined in FWRC 19.140.130 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city.

(4) Notice of determination.

(a) Required. After the city conducts a sign inventory, the city shall analyze whether each sign complies with the sign regulations of this chapter or any other sections of this Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign conforms to this title, it shall be issued a registration sticker. If a sign is determined to be legally nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to subsection (5) of this section. Signs that do not comply with the sign regulations of this chapter or any other sections of this Code or are not eligible for characterization as legal nonconforming signs must be removed upon notification by the city.

(b) Necessary information. The information associated with a sign and its sign inventory number shall consist of the name and address of the sign user, the sign owner, and the owner of the property upon which the sign is located, information about the sign, such as sign type, area, height, dimensions, location, a photo of the sign, and such other pertinent information as the director may require to ensure compliance with the Code, which may include proof of the date of installation of the sign.

(5) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. 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 FWRC 19.140.130 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period.

(6) Extension or exemption from amortization period.

(a) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (5) of this section following expiration of the amortization period.

(b) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement.

(c) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (5) of this section may apply for a sign amortization extension or exemption.

(d) 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:

(i) The sign is compatible with the architectural design of structures on the subject property;

(ii) 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” means that the height of the sign is within 10 percent of the sign height required by this chapter and that the sign area of the sign is within 20 percent of the sign area required by this chapter. Minor deviations from these percentages may be approved by the administrator if he 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;

(iii) 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;

(iv) The sign complies with the city’s minimum sight distance at intersection requirements pursuant to FWRC 19.135.300 et seq.;

(v) 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 directly visible;

(vi) It is consistent with the city’s comprehensive plan; and

(vii) It is consistent with the public health, safety and welfare.

(e) Applicable procedure. Except as otherwise provided by this subsection (6), the city will process an application for a sign amortization exemption or extension through process I of this Code.

(7) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this title, and a new permit secured therefor, and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs:

(a) 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.

(b) 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 legal 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.

(c) 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.

(d) 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.

(e) Change in use. There has been a change in use on the subject property as that term is described per FWRC 19.15.025.

(f) Change in tenant. There has been a change in tenant or business on the subject property.

In connection with any multi-use or multi-tenant complex, the foregoing events which require that a legal 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.

(g) Expiration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter.

(8) Historic signs. Nonconforming on-site historical signs may be retained through process IV of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria:

(a) 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;

(b) The subject sign or signs are substantially unchanged or unaltered since initial installation;

(c) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and

(d) The subject sign or signs have been well-maintained and are not materially detrimental to the public health, safety and welfare.

(9) Government acquisition of property for right-of-way.

(a) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (9)(c) of this section.

(b) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria:

(i) The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right-of-way expansion and not by any action of the applicant;

(ii) The sign is not prohibited by FWRC 19.140.130 and, except for location within a required setback, complies with all other requirements of this chapter;

(iii) The sign complies with the city’s minimum sight distance at intersection requirements pursuant to FWRC 19.135.300 et seq.; and

(iv) Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare.

(c) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections (9)(a) and (b) of this section shall be immediately removed or modified to conform to all the provisions of this title, 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:

(i) The applicant is making any changes, alterations, or performs 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 any copy change in a center identification or tenant directory sign shall not result in the loss of such sign’s legal nonconforming sign designation; except that a legal nonconforming sign may be relocated without losing its legal nonconforming status and eligibility for the 10-year amortization period so long as all of the following conditions are met: (A) the sign is under threat of eminent domain and the subject of a consent decree or settlement agreement executed with a local, state, or federal government; (B) the consent decree or settlement agreement was executed and filed with the court or recorded prior to the effective date of annexation; (C) the consent decree or settlement agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this title; (D) the owner of the sign applies for a permit to relocate the sign within six months of the date the consent decree or settlement agreement was filed; and (E) the owner makes no changes to the sign that increase the nonconformance of the sign; or

(ii) The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement 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, in any one consecutive 12-month period, exceeds 75 percent of the assessed or appraised value of that structure or improvement. The appraisal must be from a state-certified real estate appraiser. For purposes of determining value under this subsection, improvements required pursuant to FWRC 19.30.090 (Nonconforming development) and/or 19.30.110 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold which would trigger application of this subsection.

(d) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW.

(Ord. No. 15-804, § 31, 11-3-15.)

Cross references: Signs in parks and recreation areas restricted, FWRC 4.05.350; nonconformance, Chapter 19.30 FWRC; required screening for rooftop appurtenances, FWRC 19.110.070; sight distance requirements at intersections, FWRC 19.135.300 et seq.; district regulations, FWRC Title 19, Division VI; supplementary district regulations, FWRC Title 19, Division VII.

It is the purpose of this chapter to promote the public health, safety, and general welfare and minimize public and private losses due to flood conditions in specific areas by provisions designed:

(1) To protect human life and health;

(2) To minimize expenditure of public money and costly flood control projects;

(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) To minimize prolonged business interruptions;

(5) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets; and bridges located in areas of special flood hazard;

(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;

(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-100. Formerly 16.40.010.)

The following state statutes and administrative regulations as currently existing and hereafter amended are hereby adopted by this reference as if set forth in full:

(1) Chapter 86.16 RCW, Floodplain Management.

(2) 44 CFR 59.22(a).

(3) 44 CFR 60.3(c)(1)(d)(2).

(4) 44 CFR 60.3(b)(1).

(5) 44 CFR 59.22(b)(1).

(6) 44 CFR 60.3(a)(2).

(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-101. Formerly 16.40.020.)

In order to accomplish its purposes, this chapter includes methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and

(5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase flood hazards in other areas.

(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-102. Formerly 16.40.030.)

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to Chapter 19.05 or 16.05 FWRC or FWRC 1.05.020, in that order.

“Actual start of construction” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. “Actual start of construction,” for a substantial improvement, means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.

“Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance.

“Area of shallow flooding” means designated as zone AO or AH on the flood insurance rate map (FIRM). Zone AO has base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Zone AO is characterized as sheet flow; zone AH indicates ponding, and is shown with standard base flood elevations.

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A or V.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”). Designated on flood insurance rate maps by the letter A or V.

“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.

“Basement” means any area of the building having its floor sub-grade (below ground level) on all sides.

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

“Coastal high hazard area” means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE or V.

“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.

“Development” means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavations, drilling operations, or storage of equipment or materials located within the area of special flood hazard.

“Director” means the director of the city of Federal Way community development department or his or her designee. The director or his or her designee is the floodplain administrator for the city.

“Elevated building” means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

“Elevation certificate” means an administrative tool of the National Flood Insurance Program that can be used to track development, provide elevation information to determine the proper insurance premium rate, with Section B completed by Federal Way, and to support a request for a letter of map amendment (LOMA) or letter of map revision – based on fill (LOMR-F).

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters;

(2) The unusual and rapid accumulation of runoff of surface waters from any source; and/or

(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in:

(a) Subsection (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1) of this definition.

“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

“Flood insurance study (FIS)” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a flood elevation study.

“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flood” or “flooding.”

“Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purposes ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also known as a regulatory floodway.

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior, or

(b) Directly by the Secretary of the Interior in states without approved programs.

“Lowest floor” means the lowest enclosed area (including basement), except that where an unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is built in compliance with the applicable nonelevation design requirements of FWRC 19.142.140(1)(b), the next lowest enclosed area is the lowest floor.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities, but does not include a recreational vehicle.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s flood insurance rate map are referenced.

“New construction” means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

“Recreational vehicle” means a vehicle:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Start of construction” includes substantial improvement, and means the date the building permit was issued, where the actual start of construction, repair, reconstruction, placement or other improvement occurs within 180 days of the permit date. See also “actual start of construction.”

“Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any improvement of a structure, including reconstruction, rehabilitation, addition, or other improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement.

This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

“Variance” means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.

“Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

“Water-dependent” means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

(Ord. No. 20-893, § 4, 8-11-20; Ord. No. 18-856, § 4, 11-6-18; Ord. No. 09-593, § 23, 1-6-09; Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-103. Formerly 16.40.040.)

Article II. Provisions

(1) Application of chapter. This chapter shall apply to all areas of special flood hazards within the jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study for King County, Washington and Incorporated Areas” dated August 19, 2020, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available information for flood hazard area identification as outlined in FWRC 19.142.070 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under FWRC 19.142.070.

(2) Penalties for noncompliance. Any person responsible for constructing, locating, extending, converting, or altering a structure or land without full compliance with the terms of this chapter and other applicable regulations shall be subject to civil enforcement penalties under Chapter 1.15 FWRC.

(3) Summary abatement. Whenever any violation of this chapter causes or creates a condition which constitutes or contributes to an immediate and emergent threat to the public health, safety or welfare or to the environment, the director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after abatement. The costs of such summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in Chapter 1.15 FWRC, Civil Enforcement of Code.

(4) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(5) Interpretation. In the interpretation and application of this chapter, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and

(c) Deemed neither to limit nor repeal any other powers granted under state statutes.

(6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Federal Way, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 20-893, § 5, 8-11-20; Ord. No. 18-856, § 5, 11-6-18; Ord. No. 09-597, § 63, 1-6-09; Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-104. Formerly 16.40.050.)

(1) Floodplain development permit required. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in FWRC 19.142.050(1). The permit shall be for all structures including manufactured homes, as set forth in FWRC 19.142.040, and for all development including fill and other activities, also as set forth in FWRC 19.142.040.

(2) Nondevelopment activities. The following activities are allowed in the regulatory floodplain without the need for a floodplain development permit under this chapter, provided all other federal, state, and local requirements are met. The following are examples of activities not considered development or manmade changes to improved or unimproved real estate:

(a) Routine maintenance of landscaping that does not involve grading, excavation, or filling;

(b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation;

(c) Normal maintenance of structures, such as reroofing and replacing siding, as long as such work does not qualify as a substantial improvement;

(d) Normal maintenance of above ground public utilities and facilities, such as replacing downed power lines;

(e) Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas; and

(f) Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility.

(3) Other activities. All other activities not described in subsection (2) of this section are allowed, as long as a floodplain development permit is approved, and, if required, as long as such activities meet all the other requirements of this chapter and the other provisions of the FWRC.

(4) Application for floodplain development permit in zone AE. Application for a floodplain development permit shall be made and will include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(a) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FEMA Form 81-31) with Section B completed by the city of Federal Way building official;

(b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in FWRC 19.142.140(2);

(d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

(5) Application for floodplain development permit for zone VE. Application for a floodplain development permit shall be made and will include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(a) Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement;

(b) Base flood elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than 50 lots or five acres, whichever is the lesser; and

(c) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(6) Designation of the local administrator. The director or designee is hereby appointed to administer, implement and enforce this chapter by granting or denying development permit applications in accordance with its provisions. The director shall:

(a) Review all development applications to determine that the requirements of this chapter have been satisfied;

(b) Review all development applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; and

(c) Review all development applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of FWRC 19.142.160(1) are met.

(7) Project requirements. If the project is located in the regulatory floodplain and includes activities not listed in subsection (2) of this section, the application shall include a habitat impact assessment completed by a professional biologist. If that assessment determines that impacts upon the habitat would result from the project, the application shall also include a habitat mitigation plan. The habitat assessment and the habitat mitigation plan shall be performed as described in FEMA’s Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, 2013, and any revisions thereto.

(8) Third-party review. For any habitat impact assessment or habitat mitigation plan, the city may require a third-party review. Third-party review requires the applicant’s habitat impact assessment, habitat mitigation plan, and/or additional technical studies to be reviewed by an independent third party, paid for by the applicant, but hired by the city. Third-party review shall be conducted by a qualified consultant as defined in the Floodplain Habitat Assessment and Mitigation Regional Guidance, FEMA Region X, 2010, and any revisions thereto.

(Ord. No. 20-893, § 6, 8-11-20; Ord. No. 18-856, § 6, 11-6-18; Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-105. Formerly 16.40.060.)

When base flood elevation data has not been provided (in A or V zones) in accordance with FWRC 19.142.050(1), the director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer FWRC 19.142.140, Specific standards, and FWRC 19.142.160, Floodways.

(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-106. Formerly 16.40.070.)

(1) Where base flood elevation data is provided through the FIS, FIRM, or required as in FWRC 19.142.070, the applicant shall obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement and provide such information to the director or designee on a current FEMA elevation certificate (FEMA Form 81-31). Section B will be completed by the city.

(2) For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in FWRC 19.142.070, the applicant shall obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed and provide such information to the city. The city shall maintain the floodproofing certifications required in FWRC 19.142.060(2)(c).

(3) The city shall maintain for public inspection all records pertaining to the provisions of this chapter.

(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-107. Formerly 16.40.080.)

The city shall notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Insurance Administrator, and shall assure that the carrying-capacity of the altered or relocated portion of said watercourse is maintained.

The director shall notify the Federal Insurance Administrator in writing of acquisition, by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.

(Ord. No. 20-893, § 7, 8-11-20; Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-108. Formerly 16.40.090.)

Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the director shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

(Ord. No. 20-893, § 13, 8-11-20.)

(1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.

(2) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other existing laws or ordinances.

(5) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare.

(6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (1) of this section and otherwise complies with FWRC 19.142.110(1) and (3), and 19.142.120.

(7) Any applicant to whom a variance is granted shall be given written notice over the signature of the director that the issuance of a variance to construct a structure that will be built with its lowest floor below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for every $100.00 of insurance coverage and that such construction below the BFE increases risks to life and property.

(8) The director shall maintain a record of all variance actions, including justification for their issuance.

(9) The director shall condition the variance as needed to ensure that the requirements and criteria of this chapter are met.

(Ord. No. 20-893, § 8, 8-11-20; Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-109. Formerly 16.40.100.)

In all areas of special flood hazards, the following standards are required:

(1) Anchoring.

(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic or hydrostatic loads, including the effects of buoyancy;

(b) All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(2) Construction materials and methods.

(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment below the base flood elevation may cause annual flood insurance premiums to be increased.

(3) Utilities.

(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

(b) Water wells shall be located on high ground that is not in the floodway;

(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

(d) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4) Storage of materials and equipment.

(a) The storage or processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding is prohibited in special flood hazard areas.

(b) Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.

(Ord. No. 20-893, § 9, 8-11-20; Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-110. Formerly 16.40.110.)

All development proposals, including subdivision and manufactured home park or subdivision proposals, shall:

(1) Be consistent with the need to minimize flood damage;

(2) Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize or eliminate flood damage;

(3) Have adequate drainage provided to reduce exposure to flood damage;

(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for all development proposals greater than 50 lots or five acres (whichever is less).

(Ord. No. 20-893, § 10, 8-11-20; Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-111. Formerly 16.40.120.)

Where elevation data is not available either through the FIS, FIRM, or from another authoritative source (FWRC 19.142.070), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding as determined by the director. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available.

(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-112. Formerly 16.40.130.)

The following provisions are required in all areas of special flood hazards where base flood elevation data has been provided as set forth in FWRC 19.142.050(1) or 19.142.070.

(1) Residential construction in zone AE.

(a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation (BFE).

(b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if used solely for parking, access or storage, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(ii) The bottom of all openings shall be no higher than one foot above grade.

(iii) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard and are often inadvertently permitted. Insurance rates reflect an “all or nothing” standard. Partially ventilated crawlspaces may be subject to an additional loading fee of 20 to 25 percent attached to the annual insurance premium.

Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the director for verification.

(2) Residential construction in zone VE.

(a) Be located landward of the reach of mean high tide;

(b) Have the bottom of the lowest structural member of the lowest floor (excluding pilings and columns), elevated to or above the base flood elevation;

(c) Have the pile or column foundation and structure attached thereto be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards;

(d) Have the space below the lowest floor, usable solely for parking of vehicles, building access, or storage, either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot;

(e) Prohibit the use of fill for structural support of buildings; and

(f) Prohibit manmade alteration of sand dunes and mangrove stands.

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section.

Upon completion of construction, certification by a registered professional engineer or architect that these design standards have been satisfied, and certification by a registered professional engineer or surveyor that the elevation requirements of the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, of this section have been satisfied shall be provided to the director for verification.

(3) Nonresidential construction in an AE zone. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(a) Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(c) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in FWRC 19.142.060(2);

(d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section.

Applicants who are floodproofing nonresidential buildings should beware that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below). Floodproofing the building an additional foot will reduce insurance premiums significantly.

Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the director for verification; or certification by a registered professional engineer or architect that the floodproofing design of this section is satisfied, including the specific elevation in relation to mean sea level to which such structures are floodproofed, shall be provided to the director for verification.

(4) Nonresidential construction in zone VE. Floodproofing of nonresidential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth in FWRC 19.142.140(1).

(5) Manufactured homes in zone AE. All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Upon completion of installation of the manufactured home, certification by a registered professional engineer or surveyor that the elevation requirements of this section have been satisfied shall be provided to the director for verification.

(6) All manufactured homes to be placed or substantially improved on sites shall meet the standards of residential construction in VE zones in FWRC 19.142.140(1).

Upon completion of installation of the manufactured home, certification by a registered professional engineer or surveyor that the elevation requirements of this section have been satisfied shall be provided to the director for verification.

(7) Recreational vehicles. Recreational vehicles placed on sites are required to either:

(a) Be on the site for fewer than 180 consecutive days; or

(b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(c) Meet the requirements of subsection (3) of this section and the elevation and anchoring requirements for manufactured homes.

(Ord. No. 20-893, § 11, 8-11-20; Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-113. Formerly 16.40.140.)

In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zone AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(Ord. No. 20-893, § 12, 8-11-20; Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-114. Formerly 16.40.150.)

Located within areas of special flood hazard established in FWRC 19.142.050(1) are areas designated as floodways. Chapter 86.16 RCW will need to be consulted in addition to this Code. The more restrictive provisions shall apply. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions apply:

(1) Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.

(2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (a) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (b) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either (i) before the repair, or reconstruction is started, or (ii) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent.

(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of FWRC 19.142.110, Provisions for flood hazard reduction.

(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-115. Formerly 16.40.160.)

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.

(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-116. Formerly 16.40.170.)

Cross references: Buildings, FWRC Title 13; surface water management, FWRC Title 16; subdivisions, FWRC Title 18.