Chapter 19.125
OUTDOORS, YARDS, AND LANDSCAPING1

Sections:

Article I. Landscaping

19.125.010    Purpose.

19.125.020    Applicability.

19.125.030    Landscape plan approval.

19.125.035    Landscape and irrigation plan submittal requirements.

19.125.040    General landscaping requirements – All zones.

19.125.050    Landscaping types.

19.125.060    Landscaping requirements by zoning district.

19.125.070    Parking lot landscaping.

19.125.085    Planting requirements for certain trees.

19.125.090    Performance and maintenance standards.

19.125.100    Modification options.

Article II. Fences and Screening

19.125.120    Barbed wire.

19.125.130    Electrified fences.

19.125.140    Razor wire fences prohibited.

19.125.150    Solid waste receptacles – Placement and screening.

Article III. Yard Requirements

19.125.152    Scope of article.

19.125.156    Exceptions and limitations in some zones.

19.125.160    Structures and improvements.

Article IV. Outdoor Activities and Storage

19.125.165    Application of article.

19.125.170    Commercial and industrial uses.

19.125.180    Regulation of outdoor storage containers for permanent accessory storage.

19.125.190    Permit requirements for permanent accessory outdoor storage containers.

Article I. Landscaping

19.125.010 Purpose.

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.)

19.125.020 Applicability.

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.)

19.125.030 Landscape plan approval.

(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.)

19.125.035 Landscape and irrigation plan submittal requirements.

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.)

19.125.040 General landscaping requirements – All zones.

(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.)

19.125.050 Landscaping types.

(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.)

19.125.060 Landscaping requirements by zoning district.

(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, except for zero lot line townhouse and small lot detached development, which shall be required to provide Type III landscaping 10 feet in width along all arterial rights-of-way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement.

(b) Type II landscaping 20 feet in width shall be provided along the common boundary abutting single-family zoning districts, except for zero lot line townhouse and small lot detached development.

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

(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 (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 (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 (b) of this section.

(7) City Center, CC.

(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 (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; and Corporate Park, CP-1.

(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 (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. 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.)

19.125.070 Parking lot landscaping.

(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.)

19.125.085 Planting requirements for certain trees.

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

 

Trees

Minimum Planting Distance

(a)

Ailathus altisinia (Tree of Heaven)

25'

(b)

Catalpa

25'

(c)

Cottonwood

40'

(d)

Juglamus nigra (Black Walnut)

25'

(e)

Platanus (Plane, Sycamore)

40'

(f)

Populus (Poplars)

40'

(g)

Salix (Willows)

25'

(h)

Tilia americana (Basswood)

25'

(i)

Ulmus (Elm)

40'

(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.)

19.125.090 Performance and maintenance standards.

(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.)

19.125.100 Modification options.

(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

19.125.120 Barbed wire.

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.)

19.125.130 Electrified fences.

Electrified fences are not permitted in the city, except to contain large domestic animals. 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 electrified fences is as follows:

(1) Electrified fences separating agricultural uses may be located anywhere on the subject property, including on the property line.

(2) Other than as stated in subsection (1) of this section, an electrified fence must be located at least 18 inches inside of a wood fence if the electrified fence is within 20 feet of any property line.

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

19.125.140 Razor wire fences prohibited.

Razor wire fences are prohibited in the city.

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

19.125.150 Solid waste receptacles – Placement and screening.

(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.

Table A: Shared Storage Space for Solid Waste Containers

Residential Development

Minimum Area for Shared Storage Space

2 – 8 dwelling units

84 square feet

9 – 15 dwelling units

150 square feet

16 – 25 dwelling units

225 square feet

26 – 50 dwelling units

375 square feet

51 – 100 dwelling units

375 square feet plus 4 square feet for each additional unit above 50

More than 100 dwelling units

575 square feet plus 4 square feet for each additional unit above 100, except as permitted in subsection (7)(c) of this section

Nonresidential Development
(Based on gross floor area of all structures on the lot)

Minimum Area for Shared Storage Space

0 – 5,000 square feet

82 square feet

5,001 – 15,000 square feet

125 square feet

15,001 – 50,000 square feet

175 square feet

50,001 – 100,000 square feet

225 square feet

100,001 – 200,000 square feet

275 square feet

200,001 plus square feet

500 square feet

Mixed-use development that contains both residential and nonresidential uses shall meet the requirements of subsection (7)(b) of this section.

(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

19.125.152 Scope of article.

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.)

19.125.156 Exceptions and limitations in some zones.

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.)

19.125.160 Structures and improvements.

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 may be located in required yards subject to the fence regulations contained within this chapter.

(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; and

(c) The rockery or retaining wall also meets the requirements of FWRC 19.120.120 et seq.

(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 pre-existing 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 19.275.110, and portable moving containers may be temporarily placed in the required front yard of any lot if approved under FWRC 19.275.120.

(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

19.125.165 Application of article.

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.)

19.125.170 Commercial and industrial uses.

(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.

19.125.180 Regulation of outdoor storage containers for permanent accessory storage.

(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.)

19.125.190 Permit requirements for permanent accessory outdoor storage containers.

(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.)


1

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.


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Cross references: Nuisances, FWRC Title 7; swimming pools, hot tubs, spas, Chapter 13.40 FWRC.