Chapter 18.92
ESSENTIAL PUBLIC FACILITIES
Sections:
18.92.010 Purpose.
18.92.020 Secure community transition facilities.
18.92.030 Correctional facilities.
18.92.040 Substance abuse treatment facility.
18.92.050 Mental health facility.
18.92.060 Hospitals.
18.92.070 Convalescent centers.
18.92.080 Miscellaneous essential public facilities.
18.92.010 Purpose.
The siting of essential public facilities within a jurisdiction cannot be precluded under state law. The City has an interest in ensuring that these facilities are sited in appropriate locations and subject to reasonable conditions for design, intensity of use, noise, infrastructure capacity, neighborhood context, and operation. It is the purpose of this code to establish appropriate requirements for reasonably accommodating essential public facilities. (Ord. 1400 § 2, 2006)
18.92.020 Secure community transition facilities.
A. Secure community transition facilities (SCTF) are permitted in the M (manufacturing) zone east of the Nooksack River subject to issuance of a conditional use permit.
B. Siting Criteria.
1. The SCTF should be located in relationship to transportation facilities in a manner appropriate to its transportation needs.
2. In no case shall an SCTF be located within line of sight of a “risk potential facility or activity.” “Within line of sight” means that it is possible to reasonably visually distinguish and recognize individuals. An unobstructed visual distance of 600 feet shall be considered within line of sight, unless the applicant can substantially demonstrate that visual obstructions or barriers exist that limit line of sight. At no time shall line of sight be reduced to less than 350 feet. Distance shall be calculated as a straight-line measurement from that point on the SCTF property closest to the risk potential facility or activity.
3. An SCTF shall not be located within 350 feet of a residentially zoned property. Distance shall be calculated as a straight-line measurement from that point on the SCTF property closest to the nearest residentially zoned property.
4. At no time shall an SCTF within the City be located within one mile of another SCTF or within one mile of a “correctional facility,” as defined in this title, except in that there may be multiple facilities housed on one campus. Distance shall include facilities inside and outside the City’s jurisdiction.
C. Design Criteria.
1. Screening and Landscape Requirements.
a. Design shall be consistent with the following requirements:
i. A minimum five-foot deep landscaped buffer shall be provided along any public or private right-of-way. Such buffer shall contain a mix of ground cover, shrubs, and shade trees. Trees shall be spaced a maximum of 30 feet on center. Sufficient amount of shrubs and vegetative groundcover shall be planted to provide full coverage in three years.
ii. One finger planter shall be provided for every 10 parking spaces. Finger planters shall be a minimum of six feet wide by 16 feet long. Finger planters shall contain a minimum of one shade tree and sufficient low maintenance vegetative groundcover to provide full coverage in three years.
iii. An underground irrigation system is required which is adequate to provide watering needs for plant materials. The requirement for an irrigation system may be waived for small planting areas that contain only drought-tolerant vegetation.
b. A six-foot high, solid wood or masonry perimeter fence shall enclose the rear and side yards including fencing along a line parallel to the street and conterminous with the front facade of the primary structure.
c. Any security fencing (barbed wire, concertina wire, etc.) shall not be visible from the public right-of-way.
d. Fencing and landscaping requirements may be revised for security purposes with approval of the hearing body.
2. Minimum lot size: The site area shall be adequate to provide required parking, yards, and off-street loading areas.
3. Minimum lot width: None.
4. Setback and Lot Coverage.
a. Setbacks.
i. Front: 25 feet.
ii. Rear: 25 feet.
iii. Side: 25 feet.
b. Lot coverage: 40 percent.
c. Maximum building height: 35 feet.
5. Parking: 1.5 parking spaces per bed. Partial parking spaces are rounded up to the nearest whole number.
D. Public Notice Requirements.
1. Public notice shall be given consistent with FMC 14.15.050, except that public notice mailing shall be extended to all owners of record of properties within 1,000 feet of the proposed site.
2. If the 1,000-foot notification area extends into areas outside the City limits, the affected adjacent jurisdiction shall be notified by mail. (Ord. 1400 § 2, 2006)
18.92.030 Correctional facilities.
A. Correctional facilities are permitted in the M (manufacturing) zone east of the Nooksack River subject to issuance of a conditional use permit.
B. Siting Criteria.
1. The correctional facility should be located in relationship to transportation facilities in a manner appropriate to its transportation needs.
2. In no case shall a correctional facility be located within line of sight of a “risk potential facility or activity.” “Within line of sight” means that it is possible to reasonably visually distinguish and recognize individuals. An unobstructed visual distance of 600 feet shall be considered within line of sight, unless the applicant can substantially demonstrate that visual obstructions or barriers exist that limit line of sight. At no time shall line of sight be reduced to less than 350 feet. Distance shall be calculated as a straight-line measurement from that point on the correctional facility property closest to the risk potential facility or activity.
3. A correctional facility shall not be located within 350 feet of a residentially zoned property. Distance shall be calculated as a straight-line measurement from that point on the correctional facility property closest to the nearest residentially zoned property.
4. At no time shall a correctional facility within the City be located within one mile of another correctional facility or within one mile of a “secure community transition facility” as defined in this title, except in that there may be multiple facilities housed on one campus. Distance shall include facilities inside and outside the City’s jurisdiction.
C. Design Criteria.
1. Screening and Landscape Requirements.
a. Design shall be as defined in Chapter 18.74 FMC.
b. A six-foot high, solid wood or masonry perimeter fence shall enclose the rear and side yards including fencing along a line parallel to the street and conterminous with the front facade of the primary structure.
c. Any security fencing (barbed wire, concertina wire, etc.) shall not be visible from the public right-of-way.
d. Fencing and landscaping requirements may be revised for security purposes with approval of the Hearings Examiner.
2. Minimum lot size: The site area shall be adequate to provide required parking, yards, and off-street loading areas.
3. Minimum lot width: None.
4. Setback and Lot Coverage.
a. Setbacks.
i. Front: 50 feet.
ii. Rear: 50 feet.
iii. Side: 50 feet.
b. Lot coverage: 40 percent.
c. Maximum building height: 35 feet.
5. Parking.
a. One parking space per employee during the largest shift plus one-quarter parking space per bed. Partial parking spaces are rounded up to the nearest whole number.
b. Work release facilities shall have one parking space per employee during the largest shift, plus one parking space per client/occupant.
D. Public Notice Requirements.
1. Public notice shall be given consistent with FMC 14.15.050, except that public notice mailing shall be extended to all owners of record of properties within 1,000 feet of the proposed site.
2. If the 1,000-foot notification area extends into areas outside the City limits, the affected adjacent jurisdiction shall be notified by mail. (Ord. 1400 § 2, 2006)
18.92.040 Substance abuse treatment facility.
A. Substance abuse treatment facilities are permitted in the RO (residential office), HC (highway commercial) and GC (general commercial) zones subject to issuance of a conditional use permit.
B. Siting Criteria.
1. The substance abuse treatment facility should be located in relationship to transportation facilities in a manner appropriate to its transportation needs.
2. A substance abuse treatment facility shall not be located within 350 feet of community centers, public park and recreation facilities, public and private schools, playgrounds, sports fields, and youth camps. Distance shall be calculated as a straight-line measurement from that point on the substance abuse treatment facility property closest to the nearest point on the protected use property.
C. Design Criteria.
1. Screening and Landscape Requirements.
a. Design shall be as defined in Chapter 18.74 FMC.
b. A six-foot high, solid wood or masonry perimeter fence shall enclose the rear and side yards including fencing along a line parallel to the street and conterminous with the front facade of the primary structure.
c. Any security fencing (barbed wire, concertina wire, etc.) shall not be visible from the public right-of-way.
d. Fencing and landscaping requirements may be revised for security purposes with approval of the Hearings Examiner.
2. Minimum lot size: The site area shall be adequate to provide required parking, yards, and off-street loading areas.
3. Minimum lot width: None.
4. Setback and Lot Coverage.
a. Setbacks.
i. Front: 25 feet.
ii. Rear: 20 feet.
iii. Side: 15 feet.
b. Lot coverage: 40 percent.
c. Maximum building height: 35 feet.
5. Parking: One parking space per employee during the largest shift plus one-half parking space per bed and/or day treatment occupant as determined by design. Partial parking spaces are rounded up to the nearest whole number.
D. Public Notice Requirements. Public notice shall be given consistent with FMC 14.15.050. (Ord. 1400 § 2, 2006)
18.92.050 Mental health facility.
A. Mental health facilities are permitted in the RO (residential office), HC (highway commercial) and GC (general commercial) zones subject to issuance of a conditional use permit.
B. Siting Criteria.
1. The mental health facility should be located in relationship to transportation facilities in a manner appropriate to its transportation needs.
2. A mental health facility shall not be located within 350 feet of community centers, public park and recreation facilities, public and private schools, playgrounds, sports fields, and youth camps. Distance shall be calculated as a straight-line measurement from that point on the substance abuse treatment facility property closest to the nearest point on the protected use property.
C. Design Criteria.
1. Screening and Landscape Requirements.
a. Design shall be as defined in Chapter 18.74 FMC.
b. A six-foot high, solid wood or masonry perimeter fence shall enclose the rear and side yards including fencing along a line parallel to the street and conterminous with the front facade of the primary structure.
c. Any security fencing (barbed wire, concertina wire, etc.) shall not be visible from the public right-of-way.
d. Fencing and landscaping requirements may be revised for security purposes with approval of the Hearings Examiner.
2. Minimum lot size: The site area shall be adequate to provide required parking, yards, and off-street loading areas.
3. Minimum lot width: None.
4. Setback and Lot Coverage.
a. Setbacks.
i. Front: 25 feet.
ii. Rear: 20 feet.
iii. Side: 15 feet.
b. Lot coverage: 40 percent.
c. Maximum building height: 35 feet.
5. Parking. One parking space per employee during the largest shift plus one-half parking space per bed and/or day treatment occupant as determined by design. Partial parking spaces are rounded up to the nearest whole number.
D. Public Notice Requirements. Public notice shall be given consistent with FMC 14.15.050. (Ord. 1400 § 2, 2006)
18.92.060 Hospitals.
A. Hospitals are permitted in the RO (residential office), HC (highway commercial) and GC (general commercial) zones subject to issuance of a conditional use permit.
B. Siting criteria: The hospital should be located in relationship to transportation facilities in a manner appropriate to its transportation needs.
C. Design Criteria.
1. Screening and landscape requirements shall be as defined in Chapter 18.74 FMC.
2. Minimum lot size: The site area shall be adequate to provide required parking, yards, and off-street loading areas.
3. Minimum lot width: None.
4. Setback and Lot Coverage.
a. Setbacks.
i. Front: 25 feet.
ii. Rear: 20 feet.
iii. Side: 20 feet.
b. Lot coverage: 40 percent.
c. Maximum building height: 45 feet.
5. Parking: One and one-half parking space per bed as determined by design. Partial parking spaces are rounded up to the nearest whole number.
D. Public Notice Requirements. Public notice shall be given consistent with FMC 14.15.050. (Ord. 1400 § 2, 2006)
18.92.070 Convalescent centers.
A. Convalescent centers are permitted in the RM 1.5 (residential multifamily), RO (residential office), and HC (highway commercial) zones subject to issuance of a conditional use permit.
B. Siting criteria: The convalescent center should be located in relationship to transportation facilities in a manner appropriate to its transportation needs.
C. Design Criteria.
1. Screening and landscape requirements shall be as defined in Chapter 18.74 FMC.
2. Minimum lot size: The site area shall be adequate to provide required parking, yards, and off-street loading areas.
3. Minimum lot width: None.
4. Setback and Lot Coverage.
a. Setbacks.
i. Front: 25 feet.
ii. Rear: 20 feet.
iii. Side: 20 feet.
b. Lot coverage: 40 percent.
c. Maximum building height: 35 feet.
5. Parking: One parking space per bed as determined by design.
D. Public Notice Requirements. Public notice shall be given consistent with FMC 14.15.050. (Ord. 1400 § 2, 2006)
18.92.080 Miscellaneous essential public facilities.
Uses not addressed in the preceding sections, but which may potentially be considered essential public facilities, shall be subject to conditional use permits and shall be evaluated under the following process:
A. An agency or organization may request in writing that a proposed facility be reviewed through the miscellaneous essential public facilities conditional use permit process. This request should be in the form of a letter to the Zoning Administrator, addressing the criteria in subsection (A)(1) of this section.
1. The Zoning Administrator shall review this request and grant it if the following criteria are met:
a. The facility meets the definition of essential public facility defined in this section, or as currently defined in the RCW;
b. The facility is a type difficult to site because of one of the following:
i. The facility needs a type of site of which there are few sites,
ii. The facility can locate only near another public facility,
iii. The facility has or is generally perceived by the public to have significant adverse impacts that make it difficult to site, or
iv. The facility is of a type that has been difficult to site in the past;
c. It is likely this facility will be difficult to site; and
d. There is need for the facility and Ferndale is in the facility service area.
2. The Zoning Administrator shall determine if the facility serves a regional, countywide, statewide or national need. If it does, the Administrator may condition the review with a requirement that the review process consider one or more sites in parts of the service area outside of the City of Ferndale.
B. Where more than one local government is involved in the review process, Ferndale staff shall participate in the review process and use the data, analysis and environmental documents prepared in that process in the City’s review, if planning and building staff determines those documents are adequate. If the facility would require a variance or other development permit, those approvals shall also be decided through the processes appropriate for those actions.
C. The Zoning Administrator shall require that the conditional use permit process include a public involvement component that meets the following standards:
1. Notice of application shall be mailed to all property owners living within the zone of likely impact, a minimum of 300 feet and a maximum of 1,000 feet, as determined by the Zoning Administrator to encourage public participation for any proposed site considered under this essential public facility siting process.
2. At least one neighborhood meeting process, conducted by the applicant, that gives those who live near the proposed site or sites and those who will use the facility, where appropriate, the opportunity to affect the design and location of the facility. The neighborhood meeting shall present information relevant to subsection (D) of this section. Public notice of the meeting shall be provided as per FMC 14.15.050, except that mailing shall be extended to the distance consistent with the notice of application. If the notification area extends into areas outside the City limits the affected adjacent jurisdiction shall be notified by mail.
3. At least one public hearing shall be held with notice of public hearing provided as per FMC 14.09.030, except that mailing shall be extended to the distance consistent with the notice of application.
D. The following criteria shall be used to decide the application:
1. Whether there is a public need for the facility.
2. The impact of the facility on the surrounding uses and environment, the City, and the region.
3. Whether the design of the facility or the operation of the facility can be conditioned, or the impacts otherwise mitigated, to make the facility compatible with the affected area and the environment.
4. Whether a package of incentives can be developed that would make siting the facility within the community more acceptable.
5. Whether the factors that make the facility difficult to site can be modified to increase the range of available sites or to minimize impacts on affected areas and the environment.
6. Whether the proposed essential public facility is consistent with the Ferndale Comprehensive Plan.
7. If a variance is requested, the proposal shall also comply with the variance criteria.
8. Essential public facilities shall comply with any applicable state siting and permitting requirements (e.g., hazardous waste facilities).
E. A financial analysis of the proposed facility’s impact on the City of Ferndale’s budget shall be completed by the organization proposing the essential public facility. If the study shows that locating a facility in a community would result in a disproportionate financial burden on the City, an agreement should be executed to mitigate the adverse financial impact or the approval shall be denied. (Ord. 1400 § 2, 2006)