Chapter 17.30
P PUBLIC DISTRICT
Sections:
17.30.045 Administrative conditional uses.
17.30.090 Special regulations.
17.30.140 Development exceptions adjacent to C-1 district.
17.30.010 Intent.
The intent of these regulations is to provide areas within the community that are available for public uses and to have master plans prepared for some of those uses. (Ord. 3429 § 74, 2008).
17.30.020 Permitted uses.
Permitted primary uses in the P district shall include:
A. Institutions such as schools, colleges, sanatoriums, convalescent centers and charitable uses;
B. Churches, memorial buildings, community clubhouses and museums;
C. Governmental buildings, including police and fire stations;
D. Public parks;
E. Cemeteries;
F. Public and private vocational and technical schools;
G. Emergency shelter for the homeless; provided, an emergency shelter for the homeless shall not be located within a 1,000-foot radius of any other emergency shelter for the homeless and an existing shelter shall not expand the existing square footage of their facility to accommodate additional homeless, except that the hearing examiner may approve a location within a lesser distance or an increase in square footage of the existing facility to serve additional homeless if the applicant can demonstrate that such location will not be materially detrimental to neighboring properties due to excessive noise, lighting, or other interference with the peaceful use and possession of said neighboring properties; and provided further, an emergency shelter for the homeless shall have 100 square feet of gross floor area per resident as defined by the city Building Code (MVMC Title 15); and provided further, an emergency shelter for the homeless shall have any and all licenses as required by state and local law;
H. Open space, wetland preserves, agricultural and critical areas;
I. Public utility buildings, telephone exchanges, sewage pumping stations, electrical distribution substations, water tanks, water pumping stations and similar developments necessary for the operation of a public utility; and
J. Commercial or public parking garages and/or commercial or public surface parking. (Ord. 3429 § 75, 2008).
17.30.030 Accessory uses.
A. Permitted accessory uses in the P district shall include those uses and activities customarily associated with and necessary to the operation of the permitted primary use. This shall include day nurseries, preschools, heliports, medical office buildings (MOB), when associated with, and included as, part of the master plan for a hospital, and college housing/dormitories (group living quarters for a student body), subject to the regulations of the R-4 multifamily residential district and included as part of a master plan for a college, and where it can be shown the particular accessory use is necessary to and customarily associated with the particular permitted use.
B. Each primary structure is permitted to have one accessory structure that can be used as a shed to store tools or other items as long as it complies with the following requirements:
1. The total building area of the accessory structure shall be no more than 120 square feet.
2. The accessory structure is required to be a single story and is not allowed to be taller than the primary structure on the site.
3. The accessory structure shall be located in the rear yard and is required to maintain a minimum five-foot setback from all property lines and all other structures.
4. The accessory structure shall not have a permanent heat source.
5. The accessory structure is intended to be for storage of tools or other household items and is not to be a space that is slept in.
6. The accessory structure is not allowed in critical areas or their associated buffers regulated under Chapter 15.40 MVMC. (Ord. 3802 § 27, 2019).
17.30.040 Conditional uses.
Uses permitted by a conditional use permit in the P district shall include:
A. Recreational vehicle (RV) parks subject to the following requirements:
1. Minimum Site Area. The minimum gross site area for a recreational vehicle park shall be no less than 15 acres.
2. Density of RV Pads and Paving Required. There shall be no more than one recreational vehicle space per each 2,000 net square feet of site area (as described within this subsection). Each RV space and its associated parking pad (described below in subsection (A)(7) of this section) shall be paved. The paved RV pad shall be sized to accommodate the minimum dimension of the largest RV unit allowed to occupy that space. The developer shall be required to complete a study to justify the varying sizes of RV pads that are proposed to ensure that they are appropriately sized. In determining the net site area the following shall be subtracted from the gross site area: public or private roads or driveways, and all areas classified as critical areas per Chapter 15.40 MVMC.
3. Open Space Amenities. There shall be a minimum of 10 percent of the gross site area provided as usable open space areas for the users of the recreational vehicle park. The site developer shall be responsible for installing amenities within the site such as play areas for children, gazebos, picnic tables, etc. to make the open space areas provided usable. Critical areas and their associated buffers and perimeter landscaping treatments cannot be counted towards the usable open space requirement.
4. Spacing Between Pads. There shall be a minimum side-to-side dimension of 12 feet between paved RV and parking pads; and a minimum end-to-end dimension of 10 feet between RV and parking pads. These spaces between paved pads shall be left open, shall be landscaped with grass or other ground cover, and shall not be used as parking spaces or spaces for any other types of temporary or permanent structures.
5. Perimeter Landscaping. There shall be a minimum 20-foot-wide, Type II, landscape treatment (as defined within Chapter 17.93 MVMC), around the entire perimeter of the RV park.
6. Setbacks. The following setbacks shall be observed:
a. Twenty-five feet from all abutting public streets;
b. Ten feet from all interior private streets.
7. Vehicle/Truck/Guest Parking. Abutting each recreational vehicle space shall be a paved parking pad sized to accommodate a towing vehicle if the RV pad is sized as such; or sized to accommodate a tow behind vehicle. In addition to the vehicle space abutting each RV space there shall be a guest parking area that shall be calculated by dividing the total number of RV spaces created by three. The guest parking area shall meet all of the requirements found within Chapter 17.84 MVMC.
8. Access Requirements. The internal access roads within a recreational vehicle park shall be private roads unless the city’s public works director deems it necessary that such a road be dedicated to the public. The minimum width of the paved private internal access roads shall be 26 feet; and these roads shall have turning radius of 28 feet inside and 45 feet outside. This is the minimum road standard; and based upon site-specific details the public works director can require a different road section be constructed. There shall be no less than two ingress/egress points; however, one can be for emergency vehicle access only. The public works director shall specify how the road shall be constructed based on information from the applicant on the types of vehicles that will likely use the park (i.e., gravel base and asphalt depths).
9. Utility Requirements. The following requirements for utilities shall apply:
a. A water supply system shall be provided in the recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle; the water system for a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations;
b. Watering Stations. Each recreational vehicle park shall be provided with one or more accessible water supply outlets for filling recreational vehicle water storage tanks;
c. Sewage Disposal System. An adequate and safe sewage disposal system shall be provided in a recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained vehicle and shall be connected to public sewage system. The sewage disposal system in a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations;
d. Sanitary Stations. Each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one for every 100 recreational vehicle spaces or fractional part thereof. The construction of the sanitary station shall be in accordance with the direction of the public works director. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls, or natural growth and shall be separated from any recreational vehicle space by a distance of not less than 50 feet;
e. Electrical Supply System. Each recreational vehicle park shall be provided with an underground electrical system which shall be installed and maintained in accordance with all applicable state and local codes and regulations;
f. Other Utility Systems. If other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle park, such installation shall be in accordance with state and local codes and regulations.
10. On-Site Facilities Mandated. There shall be one permanent dwelling unit within the RV park to house the on-site manager. In addition, all RV parks shall have laundry facilities, bathroom facilities and facilities for showers. The laundry, bathroom and shower facilities shall be designed to accommodate the maximum number of users expected to utilize these facilities during the RV park’s peak usage. It will be the applicant’s responsibility to show that the size of the facilities they are proposing will be adequate to serve their expected guests.
11. Safe Pedestrian Travel. A paved pedestrian walking system shall be constructed that connects the guest parking spaces, the service buildings (showers, on-site manager, laundry services, etc.), the usable open space areas, the ingress/egress of the site, and the RV spaces.
12. Duration of Stay. No recreational vehicles shall remain within a recreational vehicle park for more than 90 days in any one-year period. Either the on-site manager or the owner of the RV park shall maintain a register of all tenants. This register shall contain: (a) the name and address of the occupants; (b) the dates of arrivals and departures; and (c) the license or registration number of all RVs, along with the state that issued said license or registration numbers. This register shall be submitted to the city on a yearly basis to ensure that the 90-day maximum time frame that an RV is allowed to stay per year is abided by. The register must also be made available to the city or other state or federal agencies upon request.
13. Miscellaneous Requirements. All recreational vehicle spaces shall be well marked and numbered. (Ord. 3447 § 3, 2009).
17.30.045 Administrative conditional uses.
Uses permitted by an administrative conditional use permit and classified as a Type II permit in the P district are as follows:
A. Parking lots located separately from a permitted primary use. (Ord. 3315, 2006; Ord. 3193 § 14, 2004).
17.30.050 Lot area and width.
There are no limitations on lot area and width. (Ord. 3315, 2006; Ord. 2352, 1989).
17.30.060 Setbacks.
Minimum setback requirements are as follows:
A. Front yard: 10 feet. Buildings on corner lots and through lots shall observe the minimum setback on both streets. For properties that front on an arterial, the minimum setback from the right-of-way shall be 25 feet. The community and economic development and public works directors can through a Type I decision process administratively reduce, for good cause shown, this setback.
B. Side and rear yards: none, except along any property line adjoining a residentially zoned district, with no intervening street or alley, there shall be a setback of 20 feet. (Ord. 3429 § 78, 2008).
17.30.070 Maximum land coverage.
Repealed by Ord. 3267. (Ord. 2352, 1989).
17.30.071 Buildable area calculation – Transfer of floor area.
Repealed by Ord. 3267. (Ord. 3014 § 17, 2000).
17.30.080 Building height.
Maximum building height in the P district shall be four stories, but not more than 50 feet. Building height in excess of four stories or 50 feet may be approved through the conditional use process. Uninhabitable portions of structures such as a church spire, fleche, campanile or high nave, a dome and lantern or a clock tower may be permitted to exceed the height limit; provided, such appurtenances are not intended as advertising devices. (Ord. 3315, 2006; Ord. 2352, 1989).
17.30.090 Special regulations.
A. For all uses allowed under this chapter that are 10 acres in size or larger, a master plan shall be prepared. The master plan shall be processed as a Type IV permit under Chapter 14.05 MVMC and shall meet the requirements outlined within this chapter and Chapter 14.05 MVMC.
B. Uses allowed under this chapter that are less than 10 acres in size shall also require preparation of a new master plan that shall be processed as a Type III permit under Chapter 14.05 MVMC and shall meet the requirements outlined within this chapter and Chapter 14.05 MVMC.
C. New construction, additions, change of use, or other similar types of changes proposed on property where an unexpired master plan was previously approved by the city shall also require preparation of a new master plan if the new construction and/or changes are classified as major modification(s). This master plan shall be processed as a Type III permit under Chapter 14.05 MVMC and shall meet the requirements outlined within this chapter and Chapter 14.05 MVMC.
1. If the new construction, additions, change of use, or other similar types of changes are classified as minor modifications the applicant can apply for a Type I, minor modification permit, when the original master plan has not expired.
2. The definitions for the terms “major modification” and “minor modification” are codified in MVMC 14.05.220(M).
D. Master Plan Submittal Requirements. The master plan shall include:
1. All of the items listed in MVMC 14.05.210(E).
2. No project to be developed in phases may exceed 15 years from the time the master plan is approved until the final plan is submitted.
E. Master Plan Approval Criteria. The master plan shall be reviewed by the hearing examiner, recognizing the lesser level of detail included in the master plan application.
1. The proposal is compatible with the goals, objectives, and policies of the comprehensive plan for the city;
2. The proposal shall be compatible with the surrounding neighborhood;
3. The surrounding neighborhood would not be negatively impacted by the size, arrangement or architectural design of the proposed use;
4. Traffic patterns are not severely impacted;
5. The development is a permitted, accessory, or conditional use in the public district and complies with all applicable development regulations;
6. The proposal has no materially detrimental effects on neighboring properties due to excessive noise, lighting or other interference with the peaceful use and possession of said neighboring properties;
7. The proposal has been designed to minimize adverse effects on neighboring properties;
8. Landscaping materials are provided in sufficient quantities and locations to screen objectionable views, break up large parking areas and present an aesthetically attractive appearance.
F. Subsequent applications for approval shall be consistent with any approved master plan and shall contain all of the detailed information and materials deemed necessary by the development services director to adequately review the project.
G. Public zoned property located within the downtown boundary area identified on Map 1.0 in MVMC 17.70.020 shall be allowed to be developed using the setbacks, building height, and landscaping codified within Chapter 17.45 MVMC. (Ord. 3846 § 3, 2022).
17.30.100 Landscaping.
Landscaping shall be required pursuant to the terms of Chapter 17.93 MVMC. (Ord. 3315, 2006; Ord. 2352, 1989).
17.30.110 Parking.
Parking shall be provided pursuant to the terms of Chapter 17.84 MVMC. (Ord. 3315, 2006; Ord. 2352, 1989).
17.30.120 Signs.
Signs shall meet the requirements as provided in Chapter 17.87 MVMC for a comprehensive sign plan. (Ord. 3315, 2006; Ord. 2352, 1989).
17.30.130 Site plan review.
All developments in this district shall be subject to a site plan review as provided in Chapter 17.90 MVMC. (Ord. 3315, 2006; Ord. 2352, 1989).
17.30.140 Development exceptions adjacent to C-1 district.
In cases where a permitted or conditional use in the P district is adjacent to a C-1 district, the setbacks, lot coverage, building height, landscaping and sign requirements of the C-1 district may apply provided all other development regulations of the P district are observed. (Ord. 3315, 2006; Ord. 2531 § 15, 1993).
17.30.150 Design review.
Certain uses permitted through this chapter are subject to the development regulations codified in Chapter 17.70 MVMC, Design Review. (Ord. 3773 § 21, 2018).