Chapter 18.94
PUBLIC/INSTITUTIONAL ZONE (PI)
Sections:
18.94.050 Design criteria and performance standards.
18.94.060 Continuity of design.
18.94.070 Parking and loading facilities.
18.94.080 Initial placement of the P/I zone.
18.94.090 Placement of the P/I zone after initial establishment.
18.94.100 Removal of property from the public/institutional zone.
18.94.010 Purpose.
The public/institutional (P/I) zone is intended to establish areas within the City of Ferndale that provide flexibility for the development of public structures and uses, not including essential public facilities, which are regulated by Chapter 18.92 FMC. Public structures and uses play a unique role in the fabric of the City and the community in general, and shall be designed to reinforce community identity and to provide a model for design standards, environmental protection and practical innovations.
Significant design flexibility is allowed, pursuant to the understanding that community and public buildings require a substantial public process prior to approval, and that the rights of adjacent and nearby property owners should be protected.
A. The initial development of specific public uses on individual properties shall require that the applicant hold a public neighborhood meeting prior to submittal of a development application. The public meeting shall occur at a stage in the development process that amendments to the plan can be considered. It shall be no defense on the part of the proponent that the public meeting was held too late in the process to allow for reasonable amendment. The public meeting notice shall reflect the requirements contained in FMC 14.15.050, including notification to property owners within 300 feet of the project. The public meeting shall not replace public notification or hearing requirements for those projects requiring SEPA, conditional use approval, or other permits or processes. The development application shall require the following documentation from the public neighborhood meeting:
1. Affidavits demonstrating that the neighborhood meeting was properly noticed.
2. A sign-in sheet showing members of the public who were in attendance at the meeting.
3. A digital recording and/or video recording of the meeting.
4. Handouts or presentations including or addressing the following items:
a. How does the proposed building or use reflect the scale and architecture of surrounding buildings?
b. Does the design of the proposed building reflect its intended use?
c. Are there state or federal regulations which supersede local requirements?
d. Are there specific mitigation measures which have or could be incorporated into the design or operations of the facility that will minimize impacts on nearby properties?
e. Renderings (either printed or digitized) of the completed project in relation to existing buildings and developments. Such renderings shall include the ability to portray an aerial view of the site and surrounding area as well as side elevations from the north, south, east and west (unless obscured by existing development sharing a common wall).
5. A written narrative identifying and addressing all comments, questions, and concerns raised during the neighborhood meeting. If mitigation measures identified at the neighborhood meeting are obvious or necessary, the proposal should be amended to include them. All other comments should be addressed in writing, even if no additional action or change is required.
6. Affidavits showing that all property owners within 300 feet of the property have been contacted to participate in the public hearings.
7. Affidavits showing that the public hearing has been noticed on site in at least two locations, as well as notices in the newspaper of record.
B. The public/institutional zone shall be established on properties designated public by the City of Ferndale Comprehensive Plan. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.020 Permitted uses.
The following uses are permitted within the public/institutional zone:
A. Emergency staging areas;
B. Public infrastructure, including roadways, utilities, regional stormwater facilities, off-site critical area mitigation areas, and parks designed in accordance with the adopted Comprehensive Plan;
C. Government administrative facilities, including City Hall, City Council chambers, and the Municipal Court;
D. Maintenance facilities and storage areas, including temporary or permanent emergency staging areas;
E. Schools and related lands;
F. Fire stations and related training facilities;
G. Community recreation halls;
H. Parks, open spaces, and community ballfields for active or passive recreation or enjoyment;
I. Public libraries or museums;
J. Police stations;
K. Public parking lots;
L. Visitors’ centers and information kiosks;
M. Wastewater treatment facilities, including biosolids treatment, composting facilities, and public stormwater detention and/or treatment facilities;
N. Sports stadiums;
O. Community ballfields or parks intended for tournaments and/or regional festivals;
P. Airport or heliport;
Q. Passenger rail station;
R. Zoo or aquarium. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.021 Setbacks.
A. Setbacks.
1. Front: 20 feet, or as per the adjacent zone, whichever is less.
2. Rear: 10 feet, or as per the adjacent zone, whichever is less.
3. Sides: five feet, or as per the adjacent zone, whichever is less. (Ord. 2076 § 1, 2018)
18.94.030 Accessory uses.
The following uses may be approved following the initial establishment of a permitted or conditional use in FMC 18.94.020:
A. Accessory uses may be approved administratively; provided, that all of the following criteria are met:
1. The accessory use would meet standard height, setback, and lot coverage requirements of the zone;
2. The accessory use would not likely generate levels of noise, odors, vibration, glare, smoke, or traffic in greater amounts than would normally be associated with the primary use;
3. The accessory use would not likely cause additional risk to the life and safety of the general public;
4. The accessory use is intended to support the primary functions of the primary use, and is not proposed exclusively for the financial benefit of the applicant.
B. Accessory uses to primary uses which are likely to generate levels of noise, odors, vibration, glare, smoke, or traffic in greater amounts than would normally be associated with the primary use shall require a conditional use permit, in the judgment of the Zoning Administrator.
In evaluating accessory uses, as described in subsection (A) of this section, the Hearings Examiner must make the following determinations:
1. That the accessory use, with appropriate mitigation measures in place, will not disrupt the general sense of place of the surrounding neighborhood.
2. That the primary purpose of the accessory use will be to support the primary functions of the permitted use, and is not proposed exclusively for the financial benefit of the applicant or design considerations.
3. That notices of public hearing have been posted on site, in the newspaper of record, at City Hall and the Ferndale Public Library, and have been mailed to all property owners within 300 feet of the project site. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.040 Review process.
Many public or quasi-public buildings or facilities contain design criteria or support functions required by federal or state statutes that are beyond the influence of regulation by local government. Recognizing this, the following review process shall be implemented for all land uses listed above:
A. The review process for uses within the public use zone shall be similar to reviews in other zones, unless the proponent can demonstrate that federal or state standards for development must be considered before local regulations. Prior to formal application submittal, the proponent shall schedule a pre-application meeting with City staff. The pre-application meeting is intended to identify the permit process and general scope of the project. The meeting may also consist of site-specific or project-specific issues that must be addressed in the application, as well as relevant timelines/deadlines that must be met, necessary application materials, and required City, state, or federal approvals.
1. The applicable application procedures and requirements will be discussed.
2. The proponent shall supply the City with all known local, state, or federal requirements that may affect height, parking, fencing, lighting, security, facility size, required land area, transportation, local building inspection, or noise regulations.
3. Staff will work with the applicants to prepare for the required neighborhood meeting by identifying known concerns of the surrounding neighborhood, as well as anticipated conditions that will be required by the City.
4. The Community Development Director or their designee shall prepare a written summary of the meeting within 10 business days and shall distribute such a summary to the attendees for their review.
B. Development standards applicable to a P/I proposal shall be applied according to the following standards (listed in hierarchical order):
1. Federal standards that override local and state standards;
2. State standards that override local standards;
3. All applicable standards of the Ferndale Municipal Code including but not limited to the following:
a. State Environmental Policy Act (SEPA) procedures, where applicable;
b. Subdivision regulations if land is being divided;
c. Shoreline and critical areas codes if applicable;
d. Flood management codes if applicable;
e. Stormwater management codes, with a particular emphasis on low impact development methods;
f. Watershed protection codes;
g. Concurrency management standards and applicable impact and mitigation fees.
Following the pre-application meetings and the neighborhood meeting, the applicant shall submit a completed site plan application as well as affidavits and responses from the neighborhood meeting to the City. The applicant shall also be responsible for notifying all parties of record from the neighborhood meeting that an application has been submitted to the City and is available for review by the public. The public will then have 14 days to submit comments based upon the application submittal. A Technical Review Committee meeting, when necessary, will also be held. No building permits will be issued prior to approval of the site plan or land disturbance permit, although concurrent submittals are authorized at the risk of the applicant. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.050 Design criteria and performance standards.
Unless otherwise required by state or federal regulations, the following standards shall apply for new structures and the reuse of existing structures:
A. Public buildings which are regularly open to the public shall be designed to a human scale, reflecting their use as a resource and gathering spot for the community.
B. Heating, ventilating, and air conditioning (HVAC) equipment shall be incorporated into the building design and hidden from view to the greatest extent practicable.
C. Public and municipal structures shall comply with EAGLE standards appropriate to the building size.
D. Outdoor Storage of Materials. Public uses which require the outdoor storage of materials, large bulky items, or equipment shall screen those uses from the view of adjacent properties and public roadways. Landscaping, walls, accessory storage buildings of compatible design or materials, and other methods may be used to screen such items.
E. Outdoor Lighting. With the exception of landscape or flag illumination, public uses which are adjacent to or in close proximity (less than 100 feet) of residential uses must install outdoor lighting that is downcast and minimizes glare beyond property boundaries.
F. Trash Receptacles. Trash receptacles shall be screened from view and either incorporated into the building envelope or contained within an accessory structure of compatible materials or design. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.060 Continuity of design.
This chapter shall not require that public buildings or uses are designed to reflect a similar design theme, architectural style, or the use of similar materials used in other public buildings in the City. However, public buildings should contain features which serve to identify their purpose and link the structures together. The following requirements shall be adhered to:
A. Public buildings owned and/or operated by the City of Ferndale shall adopt signage that is consistent from building to building.
B. Durable primary construction materials, such as stone or masonry, with a lifespan of 50 to 100 years shall be utilized in order to provide a sense of permanence to the structures.
C. When buildings are proposed adjacent to properties zoned for single-family residential purposes, special attention shall be paid to preserve the appearance of residential scale or compatibility.
D. Landscaping, the use of compatible materials, and other methods may be utilized to mitigate the appearance of public structures that are adjacent to residential neighborhoods.
E. The use of emergency sirens shall be minimized to the greatest extent practical within residential areas.
F. Landscaping buffers shall be required adjacent to properties zoned for single-family residential purposes, pursuant to Chapter 18.74 FMC.
G. Public buildings owned and/or operated by the City of Ferndale are encouraged to utilize recycled materials in their construction. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.070 Parking and loading facilities.
A. Parking and loading on site shall be provided in connection with any permitted or conditional use as specified in Chapter 18.76 FMC. Parking in front yards is permitted, but rear parking is encouraged, especially for employees. Landscaping for parking areas shall be established pursuant to Chapter 18.74 FMC.
B. The number and location of driveways accessing Main Street shall be minimized. Where possible, consolidation of existing driveways shall be encouraged. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.080 Initial placement of public/institutional zone.
When the P/I zone is first placed on the Official Zoning Map, it shall be placed by legislative action of the City Council following the process for Comprehensive Plan amendments as described in the Ferndale Municipal Code, on behalf of the City and all districts, agencies, and quasi-public entities that engage in services covered by the P/I zone, and shall reflect the public designation of the Comprehensive Plan Map of the City of Ferndale. The affected land area includes, but is not limited to:
A. City-owned buildings, service facilities, treatment plants, parks and open space, and other City-operated/managed facilities.
B. School district facilities including schools, administration facilities, play fields, stadiums, and undeveloped land owned by the district for future development.
C. Fire district facilities including fire stations, administration facilities, training facilities, and undeveloped land owned by the district for future development.
D. City-owned property leased or managed by quasi-public service agencies.
E. Property or facilities owned or managed by the state or federal government, including the United States Post Office.
F. Property owned or managed by quasi-public service agencies that choose to have their property included in the P/I zone. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.090 Placement of the P/I zone after initial establishment.
When a government agency, district, or quasi-public service agency wishes to place the P/I zone on property that was not so zoned in the initial legislative process described in FMC 18.94.080, the agency shall apply for a Comprehensive Plan Map and Zone Map amendment as provided for in the amendment sections of those documents. This is a mechanism to provide notice to the community and neighboring property owners that the current zoning and use of the property for typical private uses allowed under existing zoning is proposed to change to public use. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.100 Removal of property from the P/I zone.
When a governmental agency, district, or quasi-public service agency no longer intends to utilize its property zoned P/I and intends to place it on the market for purchase and use by the private sector, the agency shall be responsible to apply for a Comprehensive Map and Zone Map amendment to place the appropriate zone on the property. This is a mechanism to provide notice to the community and neighboring property owners that the intended public use of the subject property is no longer part of the agency’s future plan. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.110 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)
18.94.120 Effective date.
The ordinance codified in this chapter shall take effect and be in full force five days after publication of an approved summary consisting of the title. (Ord. 1933 § 1 (Exh. 1), 2016; Ord. 1589 § 1, 2010)