Chapter 17.52
PL – PUBLIC LAND DISTRICT
Sections:
17.52.030 Minimum lot standards.
17.52.050 End of or abandonment of ownership by public entity.
17.52.010 Purpose.
The purpose of this district is to create a specific zoning designation for those lands owned by the public entities located within the city of Forks as currently incorporated, and within those parts of the Forks urban growth area subject to future annexation by the city. By creating a specific zoning designation for the public lands located within the city, and creating a specific zoning code chapter for the regulation of those lands, the objective is to reduce uncertainty as to which part of the zoning code applies to projects undertaken on public land. Lot sizes shall be allowed to be made as small as reasonably necessary, as determined by the city planner in consultation with the city building inspector and the city public works superintendent, to address the public purpose and need for which the application is being submitted. Public lands subject to this chapter shall be only those lands so designated by the city council and shall not include those lands identified as being part of the Forks industrial park zone. (Ord. 502 § 2, 2002)
17.52.020 Land uses.
(1) General. All lands associated with this zoning designation are found in the column marked "Public Land" in the land use matrix found at FMC 17.15.060, subject to the specific considerations noted below. Procedures associated with obtaining permits for special and conditional uses are found elsewhere within this title. When considering all activities and application of this code to said activities, the applicant and the city need to review Chapter 17.75 FMC, Special Conditions.
(2) Specific use issues limited solely to this zoning designation. The following situations shall apply to this zone:
(a) Expansion of an Existing Public Building. The expansion of any existing public building shall not require any special or conditional use permit; provided, that the expansion does not expand the existing building by more than 20 percent of the existing building’s total gross square footage and more than 10 percent of the building’s total square footage associated with the building’s footprint. Any expansion of an existing public building beyond these parameters shall require the permits as noted herein.
(b) Public Building.
(i) Special Use Permit. Any public building that is solely used for the purposes of storing equipment associated with the maintenance of public lands or public utilities shall require a special use permit. The city planner shall ensure that lighting, access and manner of construction creates only a limited amount of impact in the immediate area of the facility’s location.
(ii) Conditional Use Permit. Any other public building shall require a conditional use permit.
(c) Utilities, Other Than Power/Sewer. Utility uses not associated with roadway, utility or drainage rights-of-way and exempted from the application of this title elsewhere within this code, shall be regulated as follows:
(i) Special Use Permit. Structures, buildings, and/or facilities being less than 150 square feet in size that shall require a special use permit; provided:
(A) Will not be used as places of work for utility personnel; and
(B) Will not pose a scientifically identified risk to the public health.
The city planner has the authority to require of the utility provider mitigations that would allow for the structure, building and/or facilities in question to blend in with the overall character of the neighborhood in which such a structure, building and/or facility shall be located.
(ii) Conditional Use Permit. Any other utility use, unless noted elsewhere within the land use matrix or exempted by the general provisions of this code, shall require a conditional use permit. The city planner has the authority to require of the utility provider mitigations that would allow for the structure, building and/or facilities in question to blend in with the overall character of the neighborhood in which such a structure, building and/or facility shall be located.
(iii) Towers shall be regulated in a manner as noted elsewhere within this code; provided, that the term tower shall not apply to any device that is attached to the roof of a public building and that does not extend more then 15 feet above the roof of said business even if the device is used for the transmission of communication signals.
(3) Open Space. The designation of lands as both public lands and open space shall be as found on the Forks zoning map and shall be subject to the provisions of this chapter. (Ord. 502 § 2, 2002)
17.52.030 Minimum lot standards.
(1) Minimum lot area: 200 square feet.
(2) Minimum setbacks when use is adjacent to a residential use: 10 feet from the applicable lot line. (Ord. 502 § 2, 2002)
17.52.040 Height regulations.
(1) Maximum building height shall be 32 feet. However, said height restriction can be exceeded upon obtaining written prior approval from the fire chief that building shall not constitute a fire hazard that could not be addressed by the fire district, as well as, a written statement that the manner in which the building is being proposed for construction will not constitute a threat to public safety. In addition, any such building would be required to meet the Uniform Building Code’s wind and fire protection requirements. Written approval of the fire chief shall accompany any building permit application for a building exceeding this height restriction. In some cases, a building exceeding the height restriction may also be subject to the State Environmental Policy Act which could result in the height restriction being required for reasons associated with environmental concerns.
(2) In no case, does permission from the fire chief equate to permission to proceed with construction from the city.
(3) The above does not apply to those structures (mechanical appurtenances, chimneys, water tanks, etc., constituting no more than 15 percent of the total building or site area) noted within FMC 17.75.090. Regarding those types of structures, approval of the Forks planning commission shall still be required. (Ord. 502 § 2, 2002)
17.52.050 End of or abandonment of ownership by public entity.
If any property, so designated as public land pursuant to this chapter, is sold, or divested in some manner as to end the public ownership and the accompanying public use, said land shall no longer be considered public land. In such a situation, the land shall become zoned in a manner that is consistent with the land use immediately adjacent to the parcel in question with the designation being that found to be on a majority of the edges of the parcel in question. (Ord. 502 § 2, 2002)