Chapter 17.100
COMMUNITY FACILITIES
Sections:
17.100.010 Purpose and intent.
17.100.020 Churches.
17.100.030 Conditional use permits (CUP) – Community churches and schools requiring a CUP.
17.100.040 Conditional use plan – Additional criteria.
17.100.050 Local public facilities and schools.
17.100.060 Regional public facilities.
17.100.070 Parks facilities.
17.100.010 Purpose and intent.
The purpose of this chapter is to establish reasonable regulations and standards for the various classes of “community facilities” as allowed or conditionally permitted within the city's zoning districts. Because community facilities are allowed to some degree in each of the city's residential and commercial zoning districts, the intent of this chapter is to provide for the development of such facilities in a manner that balances the public desire or need to site such facilities within the city, but minimizes the potential adverse impacts of such facilities upon residential neighborhoods and capital facilities such as streets and sewers. These regulations are in addition to any other applicable development regulations or performance standards that are otherwise provided for in the Community Development Code. To the extent that these regulations vary or differ from other such development regulations or performance standards, the more restrictive regulations or standards shall apply. [Ord. 3353 § 12, 2001].
17.100.020 Churches.
A. Permitted Use. Churches shall be allowed uses within all residential, business and commercial zones, subject to the requirements of this section. Neighborhood churches shall be outright permitted uses in all zones; community churches shall be conditional uses in all zones.
B. Site Size. All church sites shall meet the minimum lot size for the zone in which they are located.
C. Parking Requirements. All churches shall meet the on-site parking requirements of Chapter 17.50 ECDC. Joint use parking arrangements may be authorized under the provisions of Chapter 20.30 ECDC.
All on-site parking lots shall be screened from adjacent residential properties with a solid wall or sight-obscuring fence not less than six feet in height. Such walls or fences may be built progressively as the parking facilities are installed. Landscaping shall be required in accordance with ECDC 20.13.025 and any additional conditions or requirements imposed pursuant to ADB review as required by Chapter 20.10 ECDC.
The plan shall address the following: traffic control, parking management, mitigation measures for overflow parking into adjoining residential areas, and traffic movement to the nearest arterial street.
D. Orientation to Transportation Facilities.
1. Neighborhood churches may be located upon a local (non-arterial) street.
2. Community churches that measure 22,000 square feet shall be located adjacent to a collector or minor arterial street, or within 1,200 feet, as measured along the centerline of the right-of-way, of a principal arterial street.
E. Height. The maximum height shall not exceed the maximum height for the zone in which the church is located, provided, however, that:
1. In residential neighborhoods or in zones in which the height limit would not permit construction of a structure of 50 feet in height, a steeple, bell tower, cross or other religious symbol or icon may be permitted to a maximum total height, inclusive of such symbols or icons, of 50 feet, with a conditional use permit, in which case the minimum setback shall be increased by one foot for each one foot for which any portion of the structure that exceeds the maximum height for the applicable zoning district; and
2. In residential zones or any zone in which a structure 35 feet in height is not a permitted use, sanctuaries, auditoriums and other portions of a structure which are utilized for religious assembly may be permitted to a height of 35 feet with a conditional use permit.
F. Separate On-Site Structures. The maximum height for separate structures within the setback areas, such as bell towers, crosses, statuary, or other symbolic religious icons shall be 15 feet within residential zones and 20 feet in all other zones.
G. Lighting. All exterior lighting shall be arranged and directed so as to direct the light away from adjacent residential uses.
H. Noise. The noise levels generated by bell towers, chimes, live or recorded music, voices, or other sources, whether amplified or not, shall not violate the maximum environmental noise levels as established in WAC 173-60-040, as hereafter amended.
I. Secondary Uses.
1. Any use otherwise allowed or conditionally permitted within the particular zone in which the church is located, may be allowed as a secondary use; provided, that the conditions of subsections (I)(2) and (3) of this section are met.
2. If the proposed secondary use is a conditional or nonconforming use in the zone in which the church is located, then a conditional use permit shall be required for such secondary use.
3. A use shall be considered secondary only where the use is subordinate to the primary use of free worship, with respect to at least two of the following criteria:
a. The amount of space allocated to the use;
b. The duration of use; or
c. The number of people served or involved in the use. [Ord. 3353 § 12, 2001].
17.100.030 Conditional use permits (CUP) – Community churches and schools requiring a CUP.
A. All new churches and schools and any nonconforming church or school whose review has been triggered pursuant to ECDC 17.40.050 shall register with the staff on a form developed for its use. The staff shall determine which churches qualify as neighborhood churches; churches failing to register shall be presumed to be community churches.
B. Staff decisions to approve, condition, or deny a CUP; to review a CUP; or decline to renew a CUP shall be applicable pursuant to Chapter 20.15 ECDC. [Ord. 3353 § 12, 2001].
17.100.040 Conditional use plan – Additional criteria.
Conditional use permit requirements have been imposed upon community churches and schools solely for the purpose of mitigating negative impacts to the surrounding neighborhood. The provisions of this chapter and the conditional use permit criteria of Chapter 20.05 ECDC shall be liberally construed and applied in order to permit, encourage and accommodate churches within the neighborhood and all zones of the city, so long as the negative impacts from the church are adequately mitigated. Schools shall be conditionally permitted pursuant to Chapter 20.05 ECDC and ECDC 17.40.050(B). Nothing herein shall be interpreted to or condition the programmatic and educational authority delegated to the school district by state statute. The provisions of this chapter shall not be applied in a way which exclude a church which has adequately mitigated its impacts from any zone of the city. The city will take all reasonable steps necessary to accommodate a church use in accordance with state and federal law. Schools are an essential part of the life of a community and all appropriate deference shall be given to the programmatic decisions of the school district. [Ord. 3353 § 12, 2001].
17.100.050 Local public facilities and schools.
A. General – Permitted Use.
1. Local public facilities that are planned, designated, and sited in the capital improvement plan shall be allowed uses in all residential, business and commercial zones.
2. Local public facilities that are not planned, designated, and sited in the capital improvement plan shall be conditional uses in all residential zones and allowed uses in all business and commercial zones.
B. General – Parking Requirements.
1. Local public facilities shall meet any applicable minimum parking requirements set forth in ECDC 17.50.030(C). In the event that no minimum parking requirement is applicable for the particular type of local public facility proposed, then the minimum parking requirement shall be determined by a parking study analyzing the parking demands and requirements created by the particular park facility.
2. All on-site parking lots shall be screened from adjacent residential properties in accordance with ECDC 20.13.025 and any additional conditions or requirements imposed pursuant to ADB review as required by Chapter 20.10 ECDC.
C. General – Lighting. All exterior lighting shall be arranged and directed so as the direct the light away from adjacent residential uses.
D. General – Screening. Electrical substations, water/sewer pump stations, maintenance and storage yards shall be adequately screened from adjacent residential properties with a solid wall or sight-obscuring fence not less than six feet in height. Landscaping shall be provided in accordance with Chapter 20.13 ECDC.
E. General – Signage. All signage shall be erected and maintained in compliance with Chapter 20.60 ECDC.
F. General – Hazardous, Flammable, and Explosive Materials. The use, storage, or disposal of hazardous, dangerous, flammable, or explosive materials shall not be permitted, except where authorized or allowed by state or federal laws and regulations. The use, storage or disposal of such substances shall be conducted in strict compliance with all applicable state and federal regulations. The applicant for a local public facility that intends to use, store, or dispose of such substances shall provide a disclosure describing the type, nature and quantity of all such substances in all permit or approval applications.
G. Schools – Permitted Use. Schools shall be an allowed or conditional use as provided below. For purposes of this subsection “design capacity” shall be determined by reference to the applicable comprehensive plan capital facilities element.
1. Primary schools with a design capacity of not greater than 600 students and not more than 60,000 square feet of floor area shall be permitted as a permitted use in all zones.
2. Primary schools with a design capacity of greater than 600 students or more than 60,000 square feet of floor area shall be permitted as a conditional use in all zones.
3. High schools shall be permitted as a conditional use in all zones.
H. Schools – Setbacks. For purposes of this section, setback distance shall be measured from any building located upon the school site, except that accessory buildings and recreation structures (such as storage sheds, utility sheds, equipment storage sheds, ball field nets or backstops, bleachers, and similar structures) shall comply with the setback requirements of the underlying zone.
As Measured From Residential Nonresidential
Minimum Side: 25 feet 25 feet
Minimum Rear: 25 feet 25 feet
Minimum Front: 25 feet 25 feet
I. Schools – Height. The maximum building height for schools shall not exceed the maximum height for the zone in which the school is located, except:
1. That in residential zones or any zone in which a structure 35 feet in height is not a permitted use, that portion of the structure or a separate structure that serves as an auditorium, gymnasium, or swimming pool, may be permitted to a maximum building height of 35 feet with a conditional use permit; and
2. Provided that the maximum building height for any other portion of the entire structure may be increased above the maximum(s) provided in this section, also subject to conditional use permit approval, to a maximum of 35 feet.
J. Schools – Sidewalks. Sidewalks shall be provided along all street frontages to ensure safe walking paths for children walking to and from the school buildings and site. The requirement for off-site walking paths shall be reviewed on a site-specific basis as part of the applicable SEPA or site plan review.
K. Schools – Playgrounds and Playfields. The following standards shall apply to playgrounds and playfields, where provided:
1. Primary school playgrounds and playfields shall be located on-site.
2. High school playfields and sports fields may be located off-site; provided, that they are located reasonably near the school site and are accessible by sidewalks or other safe walking paths.
3. Where playgrounds or playfields are immediately adjacent to residential properties, they shall be adequately screened with a fixed wall or fencing at least six feet in height.
4. All playgrounds and playfields shall be landscaped in a manner consistent with the primary use of such areas and further in accordance with the landscaping standards contained in Chapter 20.13 ECDC.
L. Schools – Portables. Portable classrooms are allowed where the applicant demonstrates by substantial evidence that additional space is necessary to accomplish the educational mission or objectives of the school in accordance with applicable state and federal statutes, regulations and guidelines. Portable units may encroach upon minimum setback requirements where the applicant demonstrates that suitable mitigation measures will provide adequate buffering to adjacent residential areas. Portable units that encroach upon minimum setback requirements shall require a conditional use permit, except that such portable classrooms may be allowed on an interim basis if required by exigent circumstances.
M. Schools – Parking. The following parking standards shall apply to schools:
1. Primary schools shall provide a minimum of 11 spaces for each 100 students as determined from the design capacity as determined in accordance with subsection H of this section. Primary schools shall designate nondedicated parking areas on-site to accommodate “special event” parking on-site.
2. All on-site parking lots shall be screened from adjacent residential properties with a solid wall or sight-obscuring fence not less than six feet in height. Such walls or fences may be built progressively as the parking facilities are installed. Landscaping shall be installed in accordance with ECDC 20.13.025.
3. High schools shall submit a transportation management plan for approval by the city. The plan shall address the following: traffic control, parking requirements and management, mitigation measures for overflow parking into adjoining residential areas, and traffic movement to the nearest arterial street.
N. Orientation to Transportation Facilities. Primary schools may be located on non-arterial streets. High schools shall be located adjacent to or within 500 feet of a principal or minor arterial street.
O. Transit. High schools shall provide for at least one public transit stop or station. The transit stop or station shall include a turnout of suitable size and location to accommodate public buses.
P. Signage. All signage shall be erected and maintained in compliance with Chapter 20.60 ECDC.
Q. Secondary Uses. Any use otherwise allowed or conditionally permitted within the particular zone in which the school is located may be allowed or permitted as a secondary use; provided, that:
1. If the proposed secondary use is a conditional use in the zone in which the school is located, then a conditional use permit shall be required for such secondary use; and
2. If the proposed secondary use is allowed in the zone in which the school is located, but would cause significant adverse impacts that are in addition to or independent from the primary school use, then a conditional use permit shall be required.
3. A use shall be considered secondary only where the use is subordinate to the primary school use, with respect to at least two of the following criteria:
a. The amount of space allocated to the use;
b. The duration of use; or
c. The number of people served or involved in the use.
R. Governing Law. In the event that any provision of this section directly conflicts with any state or federal law or regulation, the provisions of such law or regulation shall control. [Ord. 3353 § 12, 2001].
17.100.060 Regional public facilities.
A. Permitted Use. Regional public facilities shall be allowed only within the public “P” zoning district.
B. Siting. Regional public facilities shall be sited pursuant to the comprehensive planning process.
C. Development Standards. Development and performance standards for regional public facilities are contained in Chapter 16.80 ECDC. [Ord. 3353 § 12, 2001].
17.100.070 Parks facilities.
A. General – Permitted Use.
1. Neighborhood parks, natural open space areas, and community parks with an adopted master plan are allowed in all zones.
2. Regional parks and community parks without an adopted master plan require approval of a conditional use permit.
3. Parks and recreation special use area facilities remain classified as local public facilities and are regulated pursuant to ECDC 17.100.030.
B. General – Parking Requirements.
1. All park facilities shall meet any applicable minimum parking requirements set forth in ECDC 17.50.030(C). In the event that no minimum parking requirement is applicable for the particular type of park facility proposed, then the minimum parking requirement shall be determined by a parking study analyzing the parking demands and requirements created by the particular park facility.
2. All on-site parking lots shall be screened from adjacent residential properties in accordance with ECDC 20.13.025 and any additional conditions or requirements imposed pursuant to ADB review as required by Chapter 20.10 ECDC.
C. General – Lighting. All exterior lighting shall be arranged and directed so as to direct the light away from adjacent residential uses.
D. General – Signage. All signage shall be erected and maintained in compliance with Chapter 20.60 ECDC.
E. Secondary Uses. Any use otherwise allowed or conditionally permitted within the particular zone in which the park facility is located, may be allowed or permitted as a secondary use, subject to any applicable performance standards or requirements for such use, provided that:
1. If the proposed secondary use is a conditional use in the zone in which the park facility is located, then a conditional use permit shall be required for such secondary use; and
2. A temporary secondary use allowed or conditionally permitted in the zone in which the park is located shall be allowed or conditionally permitted without being subject to the performance standards and requirements imposed by this chapter. For purposes of this section, “temporary secondary use” shall mean a use lasting less than six months in any two-year period.
3. The following secondary uses are allowed outright upon all park facilities:
a. Churches.
b. Day-care facilities.
4. A use shall be considered secondary only where the use is subordinate to the primary use of parks and recreation, with respect to at least two of the following criteria:
a. The amount of space allocated to the use;
b. The duration of use; or
c. The number of people served or involved in the use. [Ord. 3353 § 12, 2001].