Chapter 18.72
GENERAL AND SPECIAL REGULATIONS – ALL ZONES
Sections:
18.72.010 Types of lots, lot terms and lot and building requirements.
18.72.020 Lot size requirements.
18.72.030 Special height requirements.
18.72.040 Special setback requirements.
18.72.050 Accessory building and use requirements.
18.72.070 Driveway requirements.
18.72.080 Sidewalk requirements.
18.72.090 Performance requirements for uses.
18.72.100 Performance requirements for service stations.
18.72.110 Adult business and adult entertainment performance standards.
18.72.120 Manufactured homes – New – Standards.
18.72.010 Types of lots, lot terms and lot and building requirements.
The types of lots and lot terms shall be as defined in Chapter 18.08 FMC. (Ord. 1400 § 2, 2006)
18.72.020 Lot size requirements.
Unless otherwise specified in this title, lots must meet the minimum lot size and width requirements specified for the zone in which they are located unless they constitute the nonconforming lots of record established prior to the amendatory ordinance codified in this title and are therefore subject to the restrictions of FMC 18.84.020. (Ord. 1400 § 2, 2006)
18.72.030 Special height requirements.
A. Unless otherwise specified in this title, the height of buildings and structures shall be measured as defined in Chapter 18.08 FMC.
B. The height of solid or sight-obscuring screening, fences or walls shall be measured from the ground level where located and shall not exceed two feet, six inches in height at any point within 20 feet of the front property line, or seven feet in height at any points in side or rear yards. For lots located on corners of intersecting streets, such screening, fences, or walls shall not exceed two feet, six inches within 12 feet of the right-of-way on the side yard frontage.
C. The height of non-sight-obscuring screening, fences or walls shall be measured from the ground level where located and shall not exceed four feet, six inches in height at any point within 20 feet of the front property line. For lots located on corners of intersecting streets, such screening, fences, or walls shall not exceed four feet, six inches within 12 feet of the right-of-way on the side yard frontage.
D. The height of buildings, structures, screening, fences, walls and other objects within intersection clear zones shall be measured from the centerline grades of intersecting streets and shall be as provided in FMC 18.72.040(C) and (D). In multifamily residential zones, screening in the first 20 feet of the front yard will be allowed higher than 30 inches except where adjacent to driveways and intersections. (Ord. 1400 § 2, 2006)
18.72.040 Special setback requirements.
The following requirements shall be applicable in all zones:
A. Special setbacks required for accessory buildings shall be as provided in FMC 18.72.050.
B. Special setbacks required for signs shall be as provided in Chapter 18.80 FMC.
C. A special setback and clear zone shall be provided for the promotion of traffic safety, aesthetic considerations and the general welfare on corner lots in the RS 14.5, RS 12.5, RS 10.5, RS 8.5, RS 6.5, RM 1.5 and RO zones consistent with the requirements of the City of Ferndale development standards, Standard Drawing R-19, “Clear Zone Setback Requirements.”
D. Special setbacks and clear zones shall be provided for the promotion of traffic safety, aesthetic considerations, adequate off-street parking and the general welfare along all arterials and collectors as designated in the City of Ferndale Comprehensive Plan.
1. The required setback for buildings or structures along the major arterials designated hereinabove shall be 50 feet from the centerline thereof.
2. The required setback for all buildings, structures, screening, fences, walls, stored objects such as parked vehicles or other similar improvements or objects exceeding two feet, six inches in height at all street intersections on arterials and collectors as designated in the City of Ferndale Comprehensive Plan other than in residential zones shall be the line formed by connecting the first 15 feet of the two intersecting property frontages at the intersection consistent with the requirements of the City of Ferndale development standards, Standard Drawing R-19, “Clear Zone Setback Requirements.”
E. Setbacks on Corner Lots in Residential Zones. When both streets adjacent to a corner lot in the RS and RM zones are collector or arterial streets, but have unequal classifications, the side of the corner lot adjacent to the street with the lower classification shall be considered “front” for purposes of vehicle access, mail delivery, and addressing, and shall have a minimum setback of 20 feet. The other side of the corner lot adjacent to a street shall be considered “side,” and shall have a minimum setback of 12 feet, except in the RS 14.5 zone where the minimum setback shall be 15 feet. In the case where both streets are collector or arterial streets, and have equal classifications, or in the case where neither street is a collector street or arterial, the lot owner shall have the option of determining which street side shall be considered “front” and which shall be considered “side,” except that the Zoning Administrator may override the lot owner’s choice in special circumstances involving public safety. In no case shall a garage having direct access from the street be located less than 20 feet from the property line. (Ord. 1400 § 2, 2006)
18.72.050 Accessory building and use requirements.
A. Buildings and uses customarily accessory and incidental to an established principal use are permitted in all zones except as specifically prohibited or restricted by this title.
B. The keeping of customary domestic animals not constituting a kennel or including livestock or other farm animals is permitted as an accessory use in all zones so long as their keeping does not constitute a nuisance or hazard to the health, safety, peace or welfare of the community in general and the neighboring uses in particular.
C. The outside storage of inoperative vehicles shall not be permitted as an accessory use in residential zones for a period of longer than 30 days, and shall be regulated as per Chapters 10.20 and 8.08 FMC.
D. Accessory buildings shall not be constructed prior to the commencement of construction of the principal building.
E. Accessory buildings shall not be more than one story nor more than 12 feet in height except for garages and carports.
F. Accessory buildings shall be located only in rear yards or side yards except for garages and carports.
G. The square footage of accessory buildings shall be included in the calculations of the maximum lot coverage limitation of this title.
H. Accessory structures under 120 square feet of roof area shall be placed no closer than three feet to the rear and/or side property line. Accessory structures having between 120 square feet and 250 square feet may be placed no closer than five feet away from the rear and/or side property line. All other accessory structures must meet setback requirements of that zone.
I. Accessory structures shall not be located forward of that point on the primary structure closest to the street, except garages and carports.
J. In the case of corner lots, accessory structures may be located in the side yard adjacent to the street, but shall be set back a minimum of 12 feet from the right-of-way. (Ord. 1400 § 2, 2006)
18.72.070 Driveway requirements.
A. All driveways shall be of a paved surface.
B. Driveway width shall be as defined in the City of Ferndale development standards, Standard Drawing R-16, “Driveway Width and Spacing.”
C. In residential zones, where driveways are exceptionally long, the paved area shall extend a minimum of 50 feet from the principal street. (Ord. 1400 § 2, 2006)
18.72.080 Sidewalk requirements.
A. Purpose. The purpose of this section is to supplement certain subdivision design requirements by making them applicable to subdivided lots of record in event of their development, to provide for pedestrian convenience and safety after their development and otherwise promote the health, safety and welfare of the community.
B. The Building Official should require as a condition of issuance of any building permit for a principal building the construction of sidewalks, along street frontages of the lot being developed, to be provided to the satisfaction of the Director of Public Works prior to the issuance of a certificate of occupancy.
C. The Zoning Administrator may waive said requirement if said development will not contribute to pedestrian use of the vicinity, frontage of said lot is not likely in the foreseeable future to be used for pedestrian travel to any great extent, sidewalks do not exist on other lots in the vicinity of the lot to be developed, and the expense involved would be an undue hardship in view of the development applied for without any overriding public benefit and the owner first provides a valid no-protest ULID or LID agreement binding on all present and future parties in interest.
D. The design requirements for sidewalks set forth in the Ferndale subdivision ordinance (FMC Title 17) shall be applied insofar as practicable in implementation of this section. (Ord. 1400 § 2, 2006)
18.72.090 Performance requirements for uses.
A. Purpose. The requirements of this section shall be considered minimum performance requirements for all uses in all zones.
B. Noise. Noise shall be regulated as per Chapter 8.08 FMC, Nuisances. Noise levels are not to exceed those standards as established by the state pursuant to Chapter 70.107 RCW, Chapter 173-60 WAC or other applicable state or federal laws.
C. Air Pollution. The following types of air pollutants shall be subject to the provisions of applicable Northwest Air Pollution Authority regulations:
1. Smoke and gas;
2. Dust, dirt or fly ash;
3. Noxious and odorous matter.
D. Radiation. The use, storage, transportation and disposal of all radioactive materials and machines emitting radiation shall be subject to the current provisions contained in “Rules and Regulations for Radiation Protection” issued by the Radiation Control Agency of the Washington State Department of Health.
E. Exterior Lighting. Exterior lighting shall be so installed that the surface of the source of light shall not cast a direct glare upon residential windows, and shall be so arranged to reflect light away from residential uses.
F. Glare and Heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure such operation from view from adjacent residential property, except during a period of construction of the facility.
G. Complaints received shall be turned over to the appropriate local, county, regional, state or federal agency for enforcement. (Ord. 1400 § 2, 2006)
18.72.100 Performance requirements for service stations.
A. Services. The following services may be rendered and sales made, and no other:
1. Sales and servicing of spark plugs, batteries and distributors and distributor parts;
2. Tire servicing and repair, but not recapping or regrooving;
3. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;
4. Radiator cleaning and flushing;
5. Washing and polishing, and sale of automotive washing and polishing materials;
6. Greasing and lubrication;
7. Providing and repairing fuel pumps and lines;
8. Minor servicing and repair of carburetors;
9. Emergency wiring repairs;
10. Adjusting and repairing brakes;
11. Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
12. Sales of cold drinks, packaged foods, tobacco and similar convenience goods for filling station customers, as accessory and incidental to the principal operation;
13. Provision of road maps and other informational material to customers; provision of restroom facilities;
14. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a repair garage or body shop.
B. Purpose. The purpose of this section is to regulate the location and operation of automobile service stations in a manner that will protect the functional and operational safety and capacity of the streets and highways along which these facilities are situated, and minimize possible adverse effects as to health and welfare of adjacent land uses.
C. Location at Intersection. Not more than two service stations shall be located on any given intersection. These should be situated at diagonally opposite corners.
D. Location Along Arterials. Service stations shall only be located on arterial or collector arterials, unless they are designed as an integral part of a garage, shopping center or similar business complex.
E. Distance to Other Stations and Uses. The minimum distance between service stations shall be 500 feet except when located at an intersection. No service station shall be located closer than 250 feet to a residential zone, school, park, playground, church, library or similar use.
F. Driveways at Intersections. Service station driveways on arterial streets shall be located at least 50 feet from the nearest point of intersection of public rights-of-way. There shall be no more than four curb cuts with a maximum combined length of 120 feet.
G. Driveways and Circulation. Driveways for service stations which are developed as part of or in conjunction with adjacent uses shall be located as part of the total circulation element of such adjacent uses.
H. Truck-Oriented Service. Service stations specifically intended to serve the trucking market and function as “truck stops” shall have a minimum of 300 feet frontage on at least one street.
I. Noise and Lighting. Service station operation shall at all times be conducted in a manner that will minimize adverse effects of adjacent land uses as to noise and lighting. No lighting scheme will be approved which is found to affect the operational efficiency of nearby traffic signals. (Ord. 1400 § 2, 2006)
18.72.110 Adult business and adult entertainment performance standards.
A. Any adult business or adult entertainment establishment shall be prohibited within 1,000 feet from any of the following:
1. RM 1.5, RS 6.5, RS 8.5, RS 10.5, RS 12.5 or RS 14.5 zoning district;
2. Public or private primary or secondary school;
3. Church;
4. Public park;
5. Public library.
B. Any adult business or adult entertainment establishment shall be prohibited within 500 feet from any of the following:
1. An existing residential dwelling;
2. Any other adult use business or adult entertainment business.
C. The distance provided in subsections (A) and (B) of this section shall be measured by following a straight line, without regard to intervening buildings or parcels of property, from the nearest point of the property upon which the proposed adult business or adult entertainment establishment is to be located, to the nearest point of the parcel of property from which the proposed adult business or adult entertainment establishment is to be separated.
D. Building Facades/Signs. All adult business and adult entertainment establishments shall be located in structures whose exterior walls are free from illustrations depicting partially or totally nude persons. Any sign, entrance or exit or window area shall likewise be free from such illustrations.
E. Parking and Lighting Requirements. On-site parking shall be required and regulated in accordance with Chapter 18.76 FMC and in addition shall meet the following requirements:
1. All on-site parking areas and premises entries of the adult business or adult entertainment establishment shall be illuminated from dusk until one hour past the closing of the operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways. An on-premises exterior lighting plan shall be presented to the City for approval prior to the operation of any business regulated by this section.
2. All parking must be visible from the fronting street. Nonemergency access to the exterior rear of the building shall be denied to any persons other than employees and public officials during the performance of their respective duties and tasks by means of fencing as approved by the City. (Ord. 1400 § 2, 2006)
18.72.120 Manufactured homes – New – Standards.
A “designated manufactured home” may be used as a single-family dwelling unit provided it meets all of the following:
A. It is a “new manufactured home,” which means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2); and
B. It is set upon a permanent foundation, and the space from the bottom of the home to the ground is enclosed by concrete or an approved concrete product which can be either load-bearing or decorative; and
C. It complies with the State Energy Code; and
D. It complies with all zoning, land use, and building regulations applicable to single-family dwelling units at the subject location, including, but not necessarily limited to, snow load, wind load, and seismic requirements; and
E. Prior to final occupancy, the owner shall provide documentation that appropriate action (e.g., title elimination) has been taken to ensure that the manufactured home is irrevocably tied to the lot and legally defined as real property. (Ord. 1400 § 2, 2006)