Chapter 20.70
GOALS AND POLICIES*
Sections:
20.70.010 General goals, objectives, and policies.
20.70.030 Classification criteria and management policies – Urban designation.
20.70.040 Classification criteria and management policies – Residential designation.
20.70.050 Classification criteria and management policies – Rural designation.
20.70.060 Classification criteria and management policies – Conservancy designation.
20.70.070 Classification criteria and management policies – Aquatic designation.
20.70.080 Economic development.
20.70.130 Historic, cultural, scientific, and educational.
* Code reviser’s note: This section may be moved entirely to the Comprehensive Plan.
20.70.010 General goals, objectives, and policies.
The citizens of the City of Ferndale, realizing that their shorelines are a unique and finite state resource, set forth the following goals and objectives as a general guide for the development of use regulations. These goals and objectives serve as guideposts to the proper and orderly use of the shorelines of the state within the City of Ferndale. Seven general categories (elements) have been developed within which the various use activities can be applied. These general goals and objectives provide a basis for consistent development and application of policies and regulations for the various shoreline uses, shoreline modifications, and general policies and regulations. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.020 Adoption of policy.
In accordance with RCW 90.58.020, the following management and administrative policies are hereby adopted for all shorelines of statewide significance in the City of Ferndale, as defined in RCW 90.58.030(2)(e) and identified in this section. The Act requires that the City’s shoreline master program give preference to uses that generally are consistent with the statewide public interest in such shorelines. Uses shall be given preference which are consistent with the policies contained in RCW 90.58.020 as follows:
A. Recognize and protect the statewide interest over local interest;
B. Preserve the natural character of the shoreline;
C. Result in long-term over short-term benefit;
D. Protect the ecology and resources of the shoreline;
E. Increase public access to publicly owned areas of the shoreline;
F. Increase recreational opportunities for the public in the shoreline;
G. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
Uses which are not generally consistent with these policies should not be permitted on such shorelines. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.030 Classification criteria and management policies – Urban designation.
A. The following are classification criteria for urban environment designations:
1. Areas with potential for a type of urban development which would be consistent with this title and other public plans; or
2. Areas which do not contain natural limitations to urban use, and which have adequate utilities and access; or
3. Areas where present urban development is scattered and where in-filling with new development would be consistent with this title as well as preferable to further scattering of development.
B. The following policies are adopted for urban environment designation areas:
1. New urban development should be directed toward already developed or developing areas where compatible.
2. Physical and visual access to shorelines for the public should be strongly encouraged and planned for.
3. Multiple use of shorelines should be sought and encouraged.
4. Planned unit developments should be encouraged to preserve open space and public access to shorelines, while allowing development to be concentrated. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.040 Classification criteria and management policies – Residential designation.
A. The following is the classification criteria for the residential environment designation:
1. Areas consisting of predominantly single-family or multifamily residential development or that are planned and platted for residential development.
B. The following policies are adopted for residential environment designation areas:
1. Development should be permitted only in those shoreline areas where adequate setbacks or buffers are possible to protect ecological functions, there are adequate access, water, sewage disposal, and utilities systems, and public services available and the environment can be adequately protected.
2. Densities or minimum lot width standards in the residential environment should be designed to protect the shoreline ecological functions.
3. Setbacks or buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality measures should be designed to protect ecological functions.
4. Multifamily residential and recreational developments should provide public access and joint use for community recreational facilities, where feasible.
5. Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.050 Classification criteria and management policies – Rural designation.
A. The following are classification criteria for the rural environment designation:
1. Areas of low-density development where natural vegetative cover and topography have been altered; or
2. Areas now used or potentially usable for agriculture including lowland tree farms; or
3. Areas where residential development is or should be of low density in order to be compatible with other uses, or, because of limitations by physical features, utility capabilities or access; or
4. Areas where a low intensity of outdoor recreation use or development would be appropriate and compatible with other uses and the physical environment; or
5. Areas which would be of high benefit to the region as a low-density buffer between other designations for the purpose of minimizing conflicts among uses.
B. The following policies are adopted for rural environment designation areas:
1. Intensive, urban character development should be sharply limited and permitted only if substantial open space and/or public access to shorelines is provided.
2. Public or private outdoor recreation facilities should be encouraged if compatible with agriculture or other appropriate uses.
3. New large scale industrial or commercial development should be discouraged except in areas so designated in the City Comprehensive Plan. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.060 Classification criteria and management policies – Conservancy designation.
A. The following are classification criteria for the conservancy environment designation:
1. The area contains valuable or sensitive natural or cultural features whose optimum use precludes more than a low overall density of residents, recreationists, structures, or livestock, as well as extensive alterations to topography or banks; or
2. The area is inherently hazardous for moderate to high density development or use in terms of public health, safety and property damage potential; or
3. The area has recreational or aesthetic qualities of high value to the region which would likely be diminished by moderate to intense development.
B. The following policies are adopted for conservancy areas:
1. Multiple uses of the shoreline should be strongly encouraged and maintained if such uses are compatible with each other and conservation of shoreline resources.
2. Area resources and natural shorelines should be protected whenever necessary from harmful concentrations of people or building structures. Uses which require substantial alterations to the area’s natural character, especially its topography and land-water edge, should be directed to urban or rural areas.
3. Development of hazardous areas should be designed and/or located so as to reduce potential danger to people and property.
4. Outstanding recreational or scenic values should be preserved and protected from incompatible development.
5. The Riverside golf course is recognized as an area of special interest, with significant potential for improvement of this recreational facility. Such improvement would probably involve redesign of the golf course, and reconstruction and expansion of the existing clubhouse complex. The City believes that such redevelopment would result in economic benefit to the City, as well as provide an opportunity for enhancement of the shoreline’s natural features, and improvement of public access. The nonconforming provisions of this title are not intended to preclude redevelopment of this area of special interest, provided such development is accomplished in a manner that recognizes and provides for flood protection, protects water quality, enhances the shoreline environment, and improves public access.
6. Public access and recreation should be required where feasible and ecological impacts are mitigated. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.070 Classification criteria and management policies – Aquatic designation.
A. The following is the classification criteria for the aquatic designation:
1. Lakes and streamways of rivers and streams within jurisdiction of this title waterward of the OHWM.
B. The following policies are adopted for aquatic areas:
1. Development should be sharply limited to those uses which are compatible with conservation of area resources, including water, fish and wildlife, and recreation areas, as well as with other appropriate uses and the area’s unique natural character. Development in conflict with these objectives should be directed to an onshore location.
2. Almost all lake and river surfaces, water column and bedlands are public property and as such their openness and extent must be protected from unnecessary obstruction or encroachment. Offshore development should be limited to those uses which are truly water-surface dependent, or which provide broad and substantial compensating benefits to the community or region.
3. Multiple use of water surfaces and structures in the aquatic environment designation must be protected and encouraged whenever compatible with resource conservation and other appropriate uses. The need for a specific shoreline development to be multiple-purpose increases as its impact on the shoreline increases.
4. As with conservancy, multiple use and sustained yield are the two overriding policies for management of aquatic environment designations. Development in substantial conflict with these policies should not be permitted due to the public property nature of this area and its natural features. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.080 Economic development.
A. The economic development element provides for the locations and design of industries, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on, or use of, the shorelines of the state.
B. The goal for the economic development element is to ensure full utilization of all economic resources to increase the standard of living of the residents of the City of Ferndale, while also utilizing economic resources in a manner compatible with the natural and human environment.
C. The following objectives apply to the economic development element:
1. Allow only those activities with low flood damage potential to locate within shoreline areas.
2. Promote economic development that enhances the quality of life for the residents of Ferndale and minimizes adverse effects upon existing economic and social activities of value to the community.
3. Encourage economic development that minimizes adverse effects upon the physical environment.
4. Encourage new economic development that is either water-dependent or water-related.
5. Encourage new economic development to locate in areas that have already been developed.
6. Discourage the expansion of existing development if it is clearly incompatible with this title and the local area. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.090 Public access.
A. The public access element makes provisions for public access to publicly owned areas, such as the Nooksack River.
B. The goal for the public access element is to ensure an adequate visual and physical access to Ferndale’s shorelines.
C. The following objectives apply to the public access element:
1. Retain existing public access and encourage the development of additional access consistent with the Parks, Recreation, and Trails Master Plan.
2. Encourage the private sector to provide public access in developments where such access will not create hazards or security problems and consistent with the City’s Parks, Recreation, and Trails Master Plan.
3. Locate, design, and maintain access from development so as to protect the natural environment and natural processes.
4. Public entities are required to incorporate public access measures as part of each development project, unless access is incompatible with safety, security, or environmental protection. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.100 Recreation.
A. The recreational element is provided for the preservation and expansion of recreational opportunities, including but not limited to parks, shorelines, recreational areas, viewpoints, and other recreational amenities.
B. The goal of the recreation element is to provide ample recreational opportunities within the shoreline jurisdiction, where feasible, for the residents of the City of Ferndale and visitors consistent with the Parks, Recreation, and Trails Master Plan.
C. The following objectives apply to the recreation element:
1. Encourage recreational activities that are compatible with the shoreline environment.
2. Manage the development and the location of recreational areas with provisions to provide adequate conservation of affected natural resources.
3. Provide a balanced choice of recreational opportunities.
4. Encourage innovative and cooperative techniques among public agencies and private persons to increase and diversify recreational opportunities.
5. Locate, design, and operate recreational development to minimize adverse effects on other social, recreational, or economic activities.
6. Encourage improvement and redevelopment of the former Riverside golf course (see FMC 20.70.060(B)(5)). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.110 Circulation.
A. The circulation element consists of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities.
B. The goal of the circulation element is to develop a convenient and diversified transportation and utilities system to efficiently move people and products with minimal disruption to the shoreline environment.
C. The following objectives apply to the circulation element:
1. Encourage shoreline circulation development that provides for alternative modes of travel and multiple-use corridors where compatible, consistent with the Transportation Element of the Comprehensive Plan.
2. Encourage circulation systems that are located and designed in harmony with other economic and social activities, both present and future.
3. Locate and design circulation systems so that the shoreline environment is minimally impacted.
4. Protect and enhance physical and visual public access through public transportation development in shoreline areas. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.120 Conservation.
A. The conservation element provides for the preservation of natural resources, including but not limited to scenic vistas, aesthetics, and vital areas for fisheries and wildlife protection.
B. The goal of the conservation element is to ensure protection of fragile nonrenewable resources within the City of Ferndale and make provisions for the proper use of renewable resources.
C. The following objectives apply to the conservation element:
1. Where feasible, restore damaged features or ecosystems to provide a higher function than may currently exist.
2. Protect and preserve the integrity of significant ecological and natural resources and processes from unnecessary degradation or interference.
3. Promote the design and operation of all types of shoreline uses to incorporate appropriate conservation measures for significantly affected resources. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.130 Historic, cultural, scientific, and educational.
A. The historic, cultural, scientific, and educational element provides for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values.
B. The goal of the historic, cultural, scientific, and educational element is to protect and restore areas having historic, cultural, educational or scientific values within the shorelines of the City of Ferndale.
C. The following objectives apply to the historic, cultural, scientific, and educational element:
1. Give historical/cultural sites the same concern for protection as fragile ecosystems.
2. Design and manage access to such sites so as to protect the resource.
3. Recognize the need to provide clear interpretation of historical and cultural features and natural areas, where appropriate. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.70.140 Shoreline use.
The shoreline element considers the proposed general distribution and general location and extent of the use on shorelines, and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds and other categories of public and private uses of land.
A. Goal. Ensure that shoreline development is limited to those activities that have minimal disruption to the shoreline environment.
B. Objectives.
1. Ensure that shoreline uses do not unnecessarily decrease public access to the shoreline. Incorporate public access provisions into proposals, when appropriate.
2. Locate all uses so that they do not cause adverse effects to other appropriate shoreline uses and the physical environment.
3. Encourage and protect multiple use of shorelines where appropriate. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)