C OMMUNITY D EVELOPMENT D EPARTMENT S TAFF R EPORT HEARING BODY: Planning Commission HEARING DATE: August 26, 2009 PROJECT NAME: Retail Business and Gateway Development Zone TYPE OF APPLICATION: Proposed Zoning Text Amendments PROJECT FILE NUMBERS: 08010.ZTA DESCRIPTION: A proposal to replace existing commercial zoning with new or revised language and zones. The Retail Business Zone and Gateway Development Zone are being proposed tonight. In addition, the Planning Commission is being asked to repeal the Central Business Zone in its entirety. APPLICANT: City of Ferndale In certain areas of the City, typically replacing the Central LOCATION: Business zone and some elements of the General Commercial zone STAFF REPORT EXHIBITS EXHIBIT # TITLE 1 Proposed Zoning Text 2 Proposed Zone Areas 3 Affidavits __________________________________ Retail Business and Gateway Development Public Hearing, August 26, 2009 Presented by Jori Burnett, Senior Planner Page 1 of 8 OVERVIEW The Planning Commission is being asked to consider two Zoning Text Amendments tonight: the Retail Business zone and the Gateway Development zone. Staff recommends that the Planning Commission consider each amendment separately, forwarding two recommendations to the Ferndale City Council. There are currently three commercial zones in the City of Ferndale, not including the City Center mixed-use zone in Downtown Ferndale. The three commercial zones are General Commercial, Highway Commercial, and Central Business. Each has been in existence for several decades, and the zones have only been gradually modified over that time period. The initial establishment of the zones was intended to reflect and protect the land uses in operation at that time. For example, the General Commercial zone allows for a combination of manufacturing, retail, and professional offices – most likely because those uses were in place when the zone was established. Zoning at its most basic level provides a jurisdiction with the ability to design regulations that prevent the development of incompatible land uses. In 1922, one of the earliest zoning handbooks compared zoning within a city to rooms within a house, pointing out that an oven is not kept in the bedroom, or a bed in the kitchen. Zoning as a tool to prevent incompatible uses is generally accepted in the 21st century, especially in urban areas. But zoning can also be used to promote the establishment of compatible land uses, in order to encourage the formation of individual districts and neighborhoods. Zoning which promotes certain types of uses, or design standards, is sometimes more difficult to design and apply than traditional zones which focused on the prohibition of land uses or development styles, since it is much easier to identify what is not wanted than it is to understand what is actually desired. The existing commercial zones reflect Ferndale as it was in the 1970’s: a small town with a clearly defined residential area to the west, with commercial and industrial uses (and a sprinkling of residential development) to the east. The goal of commercial zones at the time was relatively simple: do not mix residential uses with commercial uses, and vice versa. Beyond that basic goal, there were few limits on the types of development that could be placed in the commercial/industrial zones. Thus, while perhaps a bed would not be permitted in the kitchen, a couch would be perfectly appropriate, according to the current commercial zones. The broad spectrum of land uses allowed in the commercial zones diminishes the ability of the City to establish a unique identity in the individual land areas, or for property owners to have a reasonable degree of certainty of the type of land uses that may be established nearby. The existing zones have evolved to individually serve a wide variety of commercial, __________________________________ Retail Business and Gateway Development Public Hearing, August 26, 2009 Presented by Jori Burnett, Senior Planner Page 2 of 8 retail, professional, and industrial functions in the City – each a veritable zoning “multi-tool.” Unfortunately, like many multi-tools, the existing commercial zones succeed in doing a variety of tasks marginally well. Commercial Zone Chapter: Format The proposals being presented tonight introduce a family of commercial zones, each of which plays an important role in the functions of the City. Rather than relying on a few zones with a wide variety of allowable uses, the proposal would add new zones with more specific goals and requirements. Each zone will relate to the others through scale, design, use, and location. This will enable the City, where necessary, to identify or promote specific uses (such as large-format retail, or on the other extreme, neighborhood-oriented convenience businesses) within individual areas. This commercial chapter includes a comprehensive definitions section – every use allowed in any commercial zone now includes a specific definition. The chapter also includes both a use matrix and a standards matrix. The use matrix will allow the applicant or City staff to quickly identify in which zones a use is, or is not allowed. This matrix also permits the applicant to quickly compare the types of uses allowed in each zone, in order to gain a better understanding of the intent of the zone. The design matrix provides a comparison of setback requirements, lot coverage and height limits, and other requirements for each of the individual zones. The commercial chapter also includes a brief description of each of the zones. Finally, each of the zones themselves includes a clear purpose and intent statement, followed by a list of several elements that each use within the zone must reflect. For instance, zones within the downtown core would reflect requirements for increased pedestrian access. The Neighborhood Activity Zone would require that development reflect the scale of the surrounding neighborhood. As the Commercial chapter is itself an amendment to the Ferndale Municipal Code, the Planning Commission may wish to recommend approval or denial of the chapter separately from the individual zones. Gateway Development Zone The Gateway Development zone is intended to act as an entryway into and out of the interior of the City. The Gateway zone is proposed within the vicinity of the freeway ramps at Main Street and Portal Way. Uses within the zone are generally oriented towards the travelling public, but will also serve to draw visitors into the center of the city. In general, the scale of development within the Gateway zone is intended to reflect the scale of __________________________________ Retail Business and Gateway Development Public Hearing, August 26, 2009 Presented by Jori Burnett, Senior Planner Page 3 of 8 development in surrounding zones, although there are some non-retail “destination uses” such as hotels and convention centers, which may exceed scale and square footage requirements. Design Rather than establish new design standards, or to over-regulate a zone which serves an essential function to the City and the travelling public, the Planning Commission has indicated that the Retail Design Standards should apply to all uses within the Gateway Zone. By applying the design standards to all development – not just retail – the zone will ensure that attractive materials and thoughtful design are put in place at the entrances to the City. The zone also allows for the possibility of public projects such as streetscape design, artwork, and signage that will serve to welcome and introduce visitors and residents to Ferndale. Location As noted above, the Gateway Zone is intended to occupy a relatively small land area at the primary entrances to the City (Exhibit 2). Staff and the Planning Commission have sought to follow property lines and natural or existing break points in establishing the zone. For this reason, the Gateway Zone in the vicinity of Main Street includes the Cost Cutter Shopping Center as well as Riverside Drive and the Gull fuel station, which would be a permitted use in the zone. Across the freeway, the zone extends to include the fuel station, hotel, and restaurants, as well as the Ferndale Truck Stop.1 The zone also includes the Portal Way intersection, generally utilizing the south-bound off- ramp and the Portal Way right of way as the western boundaries. Though there has been some discussion of including all or a portion of the Second Avenue and Thornton Road extensions in this zone, such an expansion would require separate Comprehensive Plan Amendments. The 2009 Comprehensive Plan Amendment docket includes an amendment to re-designate this area “Commercial (it is currently designated as “Industrial).” Permitted Uses The Gateway zone includes uses which will serve the travelling public, generally consisting of gas, food and lodging, with additional commercial uses that are typically associated with 1 The Ferndale truck stop would be considered a non-conforming use in the Gateway Development zone if it were passed. Staff has added language in the zone which restricts the ability of non-conforming uses to expand. The majority of uses within the Cost Cutter Shopping Center would likely be considered Permitted Uses. The Cost Cutter grocery store would be considered a non-conforming, due more to its large size than the actual use within it. The store would be permitted to remain in operation at its current size, but future expansions of the store may be limited. __________________________________ Retail Business and Gateway Development Public Hearing, August 26, 2009 Presented by Jori Burnett, Senior Planner Page 4 of 8 gateway areas or which promote Ferndale. Residential and industrial/manufacturing uses are now prohibited. Destination Uses Destination Uses, such as hotels, convention centers, and other non-retail uses which have the potential to serve a regional market may be considered within the Gateway Zone as a Conditional Use, and may exceed typical size restrictions. Staff has included specific criteria which must be considered by the Hearings Examiner in developing his determination. The Planning Commission has indicated that the Gateway zone should be made flexible in order to provide the opportunity for certain, relatively unique land uses to establish themselves within the City limits. The Destination Use provision also applies to the Retail Business District and may be applied to the Regional Retail zone to be considered in the future. Retail Business Zone Naming Confusion The Retail Business Zone is intended to take the place of the Central Business zone, and includes certain areas that are now zoned for Central Business, Highway Commercial, and General Commercial (Exhibit 1). Until 2006, when the CC and UR zones were established, the Central Business zone had been applied to Downtown Ferndale, west of the river. The current Central Business zone continues to reflect downtown-oriented development standards and uses. Plus, the title “central business” suggests that the zone applies to downtown, when it does not. Development Scale In addition to reducing confusion over names and eliminating zones that are out of date, the Retail Business Zone is would reflect uses and design standards that are desired for “Ferndale-scale” development. The City Council and Planning Commission have instructed Staff to develop zoning which would allow the establishment of large “box” development exclusively at the Slater Road and Grandview intersections. The proposes zones would accomplish this goal by limiting the size of individual uses or structures within the Retail Business zone to 40,000 square feet as a permitted use, and up to 75,000 square feet with a Conditional Use Permit. By comparison, the Ferndale Station development is approximately 41,000 square feet. Ferndale Station had required a Conditional Use Permit when it was proposed in 2007. However, changes to the Ferndale Municipal Code, including the proposed Retail Business chapter, Ferndale design criteria, EAGLE, and transportation concurrency will enable the City __________________________________ Retail Business and Gateway Development Public Hearing, August 26, 2009 Presented by Jori Burnett, Senior Planner Page 5 of 8 to administratively establish and enforce a variety of conditions that were not possible when Ferndale Station was proposed. SEPA requirements will provide the opportunity for the public to comment and seek mitigation measures when necessary. Structures or single uses which are between 40,000 and 75,000 square feet will require a Conditional Use Permit. Staff feels that, although a wide range of conditions can be placed on development at an administrative level, it is important to seek public comment for large uses. The Conditional Use process provides for a public hearing and enables the Hearings Examiner to attach additional conditions based on public testimony. It should also be noted that many uses, such as shopping centers less than 40,000 square feet, which were formerly reviewed through the conditional use process, will now be reviewed administratively. This is an intentional change and reflects the purpose of the zone to establish increased densities, often with larger developments. Developments such as Ferndale Station will become more common in this zone. Expansion of Existing Business The Retail Business zone is intended to encourage development that is within a scale commonly associated with Ferndale, generally less than 75,000 square feet for each individual structure or business. However, an overarching goal for the City is the retention of individual businesses and a high occupancy rate of structures. With this in mind, a provision has been added to the Retail Business zone which enables existing businesses in place prior to the adoption of this chapter to expand their operations by up to 25% with Conditional Use approval. This provision will apply to those existing uses which are already close to the 75,000 square foot limit and were established with the implied expectation that future expansions could be approved. Staff believes that this regulation will enable successful businesses to stay at their current location even as they expand, without forcing them to relocate in order to meet demand. Expansion proposals by large businesses in other local jurisdictions have been met with regulatory obstacles, which may lead to relocation in another jurisdiction. Permitted Uses The Retail Business zone would permit a wide variety of commercial uses. Industrial and manufacturing uses which had previously been permitted in the General Commercial and Highway Commercial zones are no longer allowed. Residential uses are limited to temporary lodging such as hotels, or as multi-family development above the first floor. Professional offices are allowed, but as a Conditional Use, with the intent that such uses are more appropriately located within the downtown area, or in clustered business parks. __________________________________ Retail Business and Gateway Development Public Hearing, August 26, 2009 Presented by Jori Burnett, Senior Planner Page 6 of 8 Location The Retail Business zone is proposed along Main Street, east of the Nooksack River. The zone would extend east of Interstate Five in the area currently zoned as General Commercial. The zone would also be established on the east side of Portal Way, from Kaas Road south to a point just north of the Portal Way/ Portal Way intersection, north of Cruisin’ Coffee. (See Exhibit 2 for specific locations) Process Pursuant to FMC§ 18.12.270, Zoning Text Amendments require two Open Record Public Hearings. The first public hearing is scheduled for tonight. The second will be scheduled before the City Council at a date to be determined. Staff has included affidavits demonstrating that notification requirements have been met, including posting in the Ferndale Record Journal, at City Hall and the Ferndale Public Library. In addition, over ten signs were placed within the rezone areas. The Planning Commission shall make its recommendation to the City Council following tonight’s hearing, after listening to public testimony and considering this staff report. In making its determination, the Planning Commission shall consider the following (staff response in bold italics): 1. The notice of public hearing has been duly published. See Exhibit 3, Affidavits 2. The amendment(s) will not have significant adverse effects on the environment or on other uses, or the amendment(s) with appropriate modifications will mitigate to the greatest extent possible all significant adverse effects on the environment. The amendments are designed to minimize adverse effects on other uses, beyond the provisions of the current ordinances. 3. The amendment(s) will be necessary or appropriate to effectuate the goals and objectives of the Comprehensive Plan of the City. The Comprehensive Plan was amended in 2008 in order to prepare for commercial zones which have more specific intents. The proposed amendments reflect the provisions of the Comprehensive Plan. 4. The amendment(s) will not designate an area for a use which: a. Differs completely from that of surrounding land; and b. Is inconsistent with that of surrounding land; and c. Is inconsistent with the Comprehensive Plan; and d. Is of benefit to a particular interest only; and e. Is not of benefit to the community as a whole. The proposed amendments will satisfy these requirements __________________________________ Retail Business and Gateway Development Public Hearing, August 26, 2009 Presented by Jori Burnett, Senior Planner Page 7 of 8 5. The amendment(s) will not be materially detrimental to the public welfare. The amendment will not be materially detrimental to the public welfare. Planning Commission Options for Action If the Planning Commission finds that all procedural requirements have been met, it shall make a recommendation to the City Council, unless it finds that the proposed amendments are incomplete or require revisions that require re-consideration by the Planning Commission. As noted above, staff recommends that three, and possibly four separate recommendations be made to the City Council, as follows: Recommend the Approval of proposed Ferndale Municipal Code § 18.44: Commercial Zoning Districts, including an expanded definitions section, general zoning descriptions, a use matrix, and a zone requirements matrix, all as may be amended with the adoption of additional commercial zones. Recommend the Approval of proposed Ferndale Municipal Code § 18.47, Retail Business Zone, as described in Exhibit 1. Recommend that the Official Zoning Map be amended to include the Retail Business Zone as shown in Exhibit 2. Recommend the Approval of proposed Ferndale Municipal Code § 18.50, Gateway Development Zones, as described in Exhibit 1. Recommend that the Official Zoning Map be amended to include the Gateway Development Zone as shown in Exhibit 2. Recommend the repeal of Ferndale Municipal Code § 18.44, Central Business, in its entirety. __________________________________ Retail Business and Gateway Development Public Hearing, August 26, 2009 Presented by Jori Burnett, Senior Planner Page 8 of 8 Chapter 18.44 (Replaces FMC 18.44 -18.52) Commercial Zoning Districts Sections: 18.44.005 General Purpose and Intent 18.44.010 Purpose of Commercial Use Districts 18.44.015 Definitions 18.52.1140 Commercial Use District Permitted Land Uses 18.52.1150 Site Requirements and Development Standards 18.44.010 General Purpose and Intent A. The City of Ferndale has established this chapter in order to identify the various commercial zones within the City of Ferndale. Listed within each zone are specific Permitted, Conditional, and Prohibited Uses, as well as zone- specific design requirements. Depending on the nature of a proposed activity, additional code sections shall apply. 18.44.020 Purpose of Commercial Use Districts A. Downtown Mixed Use Zone (C1/DMU) The Downtown Mixed Use Zone is a zone classification intended to provide a location for a high-intensity grouping of retail, service, commercial and high- density residential uses that serve the adjacent neighborhoods, city residents, and businesses in a physical setting that encourages pedestrian activity, while maintaining the traditional downtown core as the identifiable community center. Uses within this zone shall be subject to the Downtown Architectural and Site Design Standards (FMC 18.47) contained in the Ferndale Municipal Code. This zone may be applied to some portions of the City that are designated either Commercial or High Density Residential under the City of Ferndale Comprehensive Plan. B. Neighborhood Activity Zone (C2/NAZ) The Neighborhood Activity Zone is a zone classification intended to provide certain limited commercial, service, and recreation uses for the convenience of surrounding residential neighborhoods. Uses within this zone shall be designed to reflect the existing character of the surrounding neighborhoods, and will be subject to specific design standards contained in the Ferndale Municipal Code. This zone may be applied to some portions of the City that are designated Commercial or Residential under the City of Ferndale Comprehensive Plan and are on or near arterial intersections. C. Retail Business Use District (C3/ RBD) 1 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner The Retail Business Use District is a zone classification intended to provide a wide range of retail business uses and services compatible with the core of the City and limited in scope to reflect the needs of the community. All activities shall be conducted within an enclosed building except that off-street loading, parking, and servicing of automobiles. Outdoor sales of merchandise is permitted on a limited basis, provided that such sales are incidental to the primary use and are temporary (less than thirty days) in nature. Limited residential use may be allowed when incidental to the primary retail and commercial uses. Developments within the Retail Business Use District shall be subject to the Retail Design Standards (FMC 18.58) and Ferndale EAGLE Program, where applicable. This zone may be applied to some portions of the City that are designated Commercial under the City of Ferndale Comprehensive Plan. D. Riverfront Mixed Use Zone (C4/ RMU) The Riverfront Mixed Use Zone is a special commercial, residential, and public zoning district intended to provide uses which emphasize and enhance Ferndale’s riverfront and are consistent with waterfront-oriented development and the City’s Shoreline Management Program. This zone may be applied to some portions of the City that are designated Commercial or Residential under the City of Ferndale Comprehensive Plan and are within the jurisdiction of the Shoreline Management Program. E. General Business Zone (C5/GBZ) The General Business Zone is a zone classification providing a use district for commercial establishments which require a retail contact with the public together with incidental shop work, storage and warehousing, or light manufacturing and extensive outdoor storage and display, and those retail establishments which meet the criteria of the C3 zone (Retail Business Use District). The zone is not intended to include those uses whose primary purpose is residential or industrial in nature. This zone may be applied to some portions of the City that are designated Commercial under the City of Ferndale Comprehensive Plan. F. Gateway Development District (C6/GDD) The Gateway Development District is a zone that is established in close proximity to freeway interchanges and intended to provide a range of uses necessary to serve the traveling public. Although development within these zones may include certain convenience uses such as fuel stations, restaurants, and lodging, such uses shall be subject to design guidelines created to reflect Ferndale’s character, and to give a positive impression to the travelling public. 2 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner G. Regional Retail Zone (C7/RRZ) The Regional Retail Zone is a zone which will provide commercial and recreational uses which are intended to serve a wide geographic area beyond Ferndale’s City limits. Such developments may include concentrated retail establishments with a variety of tenants, or a small number of large tenants. It is the intent of the City to encourage large projects in this zone, and to require that such projects reflect a master plan developed by the applicant and approved by the City. The City may approve mixed use development, including accessory residential development, subject to the Planned Unit Development Guidelines and contingent upon an approved master plan. 18.44.015 Definitions Deleted: 0 A. Definitions – Introductory Deleted: 18..015 For the purpose of this title, certain terms and words are defined in this chapter. When not inconsistent with the context, words use in the present tense shall include the future; the singular number shall include the plural, and the plural, the singular; the word “shall” is always mandatory and the word “may” denotes a use of discretion in making a decision. The words “used” or “occupied,” unless the context otherwise requires, shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” The word “encouraged” shall not mean mandatory; however, in such cases where the applicant refuses to comply with such suggested outcomes or policies, they shall propose an alternative solution which meets the intent of the policy, in the judgment of the Community Development Director. 18.44.020 Accessory Apartment Unit means a unit located within a detached one family dwelling and is a habitable living unit that provides the basic requirements of shelter, heating, cooking, and sanitation. 18.44.025 Accessory Dwelling Unit means a residential unit located within a non-residential primary building or lot. Occupancy of accessory dwelling units is reserved for the manager, caretaker, or owner of the main or primary use of the building. Also see caretaker or security dwelling unit. 18.44.030 Active Adult Community means a complex of dwellings, exclusively designed for and occupied by adults, generally aged 55 and older, which may include recreational activities, shared open space, and other similar amenities. Also see Senior Housing, Complete Life Care Retirement Community. 18.44.035 Adult Family Home means a facility licensed pursuant to Chapter 70.128 RCW, or the regular family dwelling of a person or persons who are providing personal care, special care, and/or room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. 18.44.040 Adult Business, Adult Use Establishment, and Adult Entertainment shall be defined as per FMC 5.14.020 18.44.045 Agriculture means the tilling of the soil, the raising of crops, horticulture, livestock farming, dairying and/or animal husbandry. Agriculture excludes the following activities: hog farm, livestock feed lot, poultry farm, slaughterhouse, fertilizer works, bone yard, plant for the reduction or 3 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner processing of animal matter, or similar manufacturing, processing, warehousing, storage, and related industrial and commercial activities whether or not dependent upon or closely allied to the agriculture industry. 18.44.050 Alley means a passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots, but not intended for the general traffic circulation and including vehicular ways satisfying this definition but designated by some other name. 18.44.055 Animal Shelter means a service use maintained and operated primarily for the impounding, holding and/or disposal of lost, stray, unwanted, or injured animals. 18.44.060 Apparel and Accessory Stores means stores primarily engaged in selling new clothing, shoes, jewelry, and related articles for personal wear and adornment and stores that rent clothing such as costumes and formal wear. 18.44.065 Apartment means a room or suite of two or more rooms, which is designed for, intended for, or occupied by one family, with facilities for cooking therein. 18.44.070 Antique store shall mean a business in an enclosed building which specializes in the sale of used or historic items, including those items which are purchased or sold based on their rarity, uniqueness, condition, utility, or age. This definition may also include those businesses which specialize in “second hand” or “used” merchandise. 18.44.075 Arcade, Gaming means a commercial establishment containing six or more video, pinball, pool tables or other games, or a business with more than one game per 500 square feet of gross floor area. Also see billiard or pool halls. 18.44.080 Area of Special Flood Hazard (Flood Hazard Areas) means the land in the floodplain subject to one percent or greater chance of flooding in any given year as identified by the most recent Flood Insurance Rate Map (FIRM) or other adopted scientific and engineering report adopted and further defined in FMC 15.24.090. 18.44.085 Art Galleries means an establishment or other private or public place intended primarily for art exhibitions where people may view and/or purchase paintings, sculptures, or other works. 18.44.090 Assisted Living Facility means an establishment which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent or nursing home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication, but is limited to health care services which do not require state or federal licensing. In addition, these facilities may have a communal dining area, recreation facilities (library, lounge, game room), laundry facilities and open space. 18.44.095 Auto Parts Sales means a commercial establishment primarily engaged in the retail sale of new auto parts, automobile accessories and tools, where no automobile maintenance or repair services are provided. 18.44.100 Automobile Repair means an establishment, which provides major automobile repair, minor automobile repair or an automobile repair specialty shop as defined herein. A. Major Automobile Repair means general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles or trailers; collision service, including body, frame or fender straightening or 4 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner repair; over-all painting or paint shop or other major repair or maintenance, including operations which may require open flame or welding. B. Minor Automobile Repair means minor repairs, replacement of minor parts to passenger automobiles and trucks not exceeding one and one-half tons capacity, including any auto lubrication services and engine tune-up services but specifically excluding operation specified under “automobile repair, major.” And “Automobile Repair, Specialty Shop, Service Stations pursuant to FMC § 18.72.100.” C. Automobile Repair Specialty Shop means a retail and service place of business engaged primarily in light repair and sale of goods and services for automotive vehicles including brakes, muffler and tire shops, and their accessory uses. Major automobile repair is excluded from this definition. 18.44.105 Automobile Service Station means a retail place of business for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, and minor motor vehicle repairs. Such use excludes items constituting “Major Automobile Repair.” See also FMC § 18.72.100. 18.44.110 Automobile Wrecking means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. See also Junkyard. 18.44.115 Bank means a commercial institution that keeps money in accounts for individuals or organizations, makes loans, exchanges currencies, provides credit to businesses, and offers other financial services. A bank may include one or more drive-up windows, as well as one or more automatic teller machines (ATM’s). Also see Financial Institutions 18.44.120 Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. 18.44.125 Basement means any area of a building having its floor sub-grade (below ground level) on all sides. 18.44.130 Bed and Breakfast means a single family dwelling unit occupied by a resident owner/manager within which up to four rental bedrooms are made available for overnight accommodation. 18.44.135 Block Front means that property abutting on one side of a street and lying between the two nearest intersection or intercepting streets or nearest intersecting or intercepting streets and railroad right-of-way, waterway, or subdivided acreage. 18.44.140 Book, Stationary and Art Supply Store means an establishment engaged in the retail sale of books and magazines, stationary, CD’s, record and tapes, video and art supplies. 18.44.145 Building means any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then each such portion shall be deemed to e a separate building. 5 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.150 Building, Accessory means a detached subordinate building, the use of which is necessary and incidental to that of a main building on the same lot, and which does not change or alter the character of the premises. 18.44.155 Building, Main means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which the same is situated. 18.44.160 Building, Hardware and Garden Supply Store means an establishment engaged in selling lumber and other building materials such as paint, glass, wallpaper, tools, seeds, and fertilizer. 18.44.165 Bus Station means an establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a public transit system. Also includes Transit Station. 18.44.170 Bus Terminal means an establishment that sells tickets, provides scheduling information and serves as a point of arrival and departure for an inter-city bus line. Also includes Transit Terminal. 18.44.175 Bus Transfer Station means land in a centralized location used by a municipal bus service or public transportation system as a point of departure for multiple bus routes and where bus passengers transfer from one bus to another. 18.44.180 Cafeteria means an enclosed building or portion thereof used for the preparation, sale, and consumption of food and beverages. Typically, food services offered in a cafeteria are provided as an accessory use to employees or other groups of people and are not generally offered to the general public. 18.44.185 Camper: means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation uses. A camper is considered a recreational vehicle, as defined herein.. 18.44.190 Camping Trailer: means a folding structure mounted on wheels and designed for travel, recreational and vacation uses. A camping trailer is considered a recreational vehicle, as defined herein. (See also "Dependent recreational vehicles" Section 18.44.310.) 18.44.193 Caretaker or Security Dwelling Unit: means a unit, often in the form of a manufactured or mobile home, located on a lot containing a non-residential main or primary use, which is generally industrial or manufacturing in nature. Occupancy of the caretaker or security dwelling unit is reserved for the manager, caretaker, or owner of the main or primary use of the lot. 18.44.195 Car Wash means a facility designed for the cleaning of automobiles, of which there are two types, which may or may not be combined. When combined, the stricter regulations shall prevail: A. Car Wash, Automatic: A tunnel-like structure through which cars are pulled or driven and in which high-pressure sprays, brushes/ and or vacuums clean, dry, and may wax vehicles. B. Car Wash, Self-Service: A coin actuated, self-service washing system enclosed in a walled bay, open front and rear, of not less than eight feet in height. The pumps, water heaters and like equipment are completely housed. Additional facilities may include drying material dispensers and vacuum cleaners. 18.44.200 Carport means a covered space for the housing primarily of motor vehicles and enclosed on no more than two sides by walls, screens, cabinets, or other type of enclosures. 6 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.205 Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including (unless otherwise stated) columbariums, crematoriums, mausoleums, and funeral establishments, when operated in conjunction with and within the boundary of such cemetery. 18.44.210 Church means a structure, group of structures, or portion thereof which is utilized for the purpose of conducting religious worship, services or ceremonies. A church may contain facilities such as a sanctuary or chapel, assembly rooms, offices, kitchen, parsonage, or multi-purpose facilities. Graded educational facilities, dwelling units except parsonage, day care facilities and facilities for the training of religious orders shall not be considered incidental to church usage, but may be allowed subject to other provisions of this Title. 18.44.215 City Officials and Agencies shall mean, in the case of “City” the City of Ferndale in Whatcom County, Washington. “City Council means the City Council of said City; the terms “Planning Commission” means the Planning Commission of the City; the term “Hearings Examiner” or “Hearing Examiner” means the Hearings Examiner of the City; the term “Zoning Director,” Community Development Director,” or “Zoning Administrator” means such person as the Mayor shall designate to administer and enforce this title. 18.44.220 Cinema means a motion picture theatre 18.44.225 Clinic means a building or portion of a building designed and used for providing medical, Deleted: containing dental, psychiatric or chiropractic services for outpatients only. Deleted: offices 18.44.230 Club or Fraternal Societies means an association of persons (whether or not incorporated) organized for some common nonprofit purpose, but not including a group organized primarily to render a service customarily carried on as a business. 18.44.235 Cocktail Lounge means an establishment or room(s) within an establishment in which cocktails are served. A cocktail lounge is considered a drinking establishment, as defined herein. 18.44.240 Coffee/ Food Stand means a business of less than 750 square feet in total floor area (all floors), with a limited menu (often featuring coffee) and little or no interior seating. Coffee/Food Stands are primarily designed to support drive-up service. 18.44.245 Coffee Shop means a business specializing in the sale of coffee, tea, and/or bakery items which includes indoor seating. Coffee shops shall generally be larger than 750 square feet in total floor area (all floors), and may include drive-up or walk-up service. 18.44.250 Commercial Recreation means establishments engaged in providing amusement or entertainment for a fee or admission charge. There are two categories of commercial recreation: A. Indoor Commercial Recreation means uses including but not limited to such activities as bowling alleys, billiard and pool establishments, skating rinks, indoor batting cages and miniature golf B. Outdoor commercial recreation means uses including but not limited to such activities as outdoor batting cages, arenas, golf courses, putting courses, outdoor miniature golf, amusement parks, riding academies, carnival operations, expositions, and marinas. 18.44.255 Concessionaire, for the purpose of this title, means and includes any person, firm, or corporation involved in any activity involving the sale of any goods or services, whether conducted for profit or not, on any property located within a public park owned and managed by the City of Ferndale. Any concession activity shall be clearly incidental to and supportive of an established primary permitted use in the underlying zoning district. 18.44.260 Conference Center means a building or area designated to accommodate large groups of people usually for social occasions, or the exchange of information related to professional or commercial activity. Such a facility typically contains various large assembly halls, conference rooms, and food service facilities. 7 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.265 Contractor’s Offices and Shops means a combination of uses in a single building or lot that includes the assembly, storage and/or manufacture of products typically used in building construction such as cabinetry, heating/cooling systems, plumbing and mechanical systems together with administrative offices. 18.44.270 Contractor’s Yards means the portion of a lot outside of a contractor’s office and shop that is used for the outdoor storage of vehicles, equipment and supplies. 18.44.275 Court means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, which is bounded on two or more sides by such building or buildings. 18.44.280 Cultural Institution means establishments such as museums, art galleries, and botanical and zoological gardens of historic, educational or cultural interests which are not operated for profit. 18.44.285 Dance Hall means a building, a business within a building, a room within a building, or an area outside of a building, which is primarily dedicated to dancing to live or recorded music. Dance halls may also include the sale of beer, wine, and/or spirits. Dance halls often require an entrance fee and may be large enough to support large numbers of people at one time for regularly scheduled or special events. 18.44.290 Dance studio, art studio, and similar related instructional facility” means a business which specializes in the instruction of a limited number of groups or individuals in a specific task or skill. These facilities shall generally conduct business by appointment or based on a regular class schedule and shall not include dance halls or similar businesses. 18.44.295 Day Care Center means a facility, other than a family day care home, providing regularly Deleted: licensed scheduled care for a group of children for periods less than twenty-four hours. The facility must be licensed and conducted in accordance with all federal, state and local requirements. 18.44.300 Delicatessen means retail food stores selling ready to eat food products such as cooked meats, prepared salads or seafood, health food or other specialty food items. 18.44.305 Department Store means a large retail store arranged into departments for the sale of a variety of consumer goods. 18.44.310 Dependent Recreational Vehicle means a recreational vehicle, which does not contain water or sewage disposal facilities. 18.44.315 Designated Manufactured Home means a manufactured home which: A. Is comprised of at least two (2) fully enclosed parallel sections each of not less than twelve (12) feet wide by thirty-six (36) feet long; B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and C. Has exterior siding similar in appearance to siding materials commonly used on conventional site- built international building code single-family residences. 18.44.320 Destination Use means a non-retail or dining use or activity which typically draws visitors to the City of Ferndale for entertainment, lodging, sporting, professional, or cultural events. Examples of such uses may include but are not limited to hotels, convention centers, museums, sports complexes, stadiums, and regional parks. The Zoning Administrator shall determine if the size and scale of the proposed development justifies its classification as a destination use. 8 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.325 Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, but not including any open wire fences. 18.44.330 District (also Zone) means a portion of the City within which certain uses of land and buildings are permitted, and certain other uses of land and buildings are prohibited, or within which certain yards and other open spaces are required, or within which certain lot areas are established, or within which certain height limits are required for buildings, or within which a combination of such aforesaid regulations are applied, all as set forth and specified in this title, or any of the districts with which any combing regulations are combined. Also see FMC § 18.16.010 (A). 18.44.320 Dormitories, Fraternities & Sororities means a buildling occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning. 18.44.325 Drinking Establishment means a business primarily engaged in the retail sale of alcoholic beverages for consumption on the premises, including nightclubs, bars, cocktail lounges, and taverns, which are defined separately in this title. 18.44.330 Drive-thru (also drive-through) means a facility which, by its design, allows people to receive goods and/or services while remaining in their automobiles. 18.44.335 Drug Store/ Pharmacy means an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, vitamins, first-aid supplies, and other health related products. 18.44.340 Duplex – See Dwelling, Two-Family Detached 18.44.345 Dwelling, Single Family Attached means a building designed for or containing one dwelling unit, which is attached on one or both sides with a common wall/ zero lot line wall to one or more building of the same type. 18.44.350 Dwelling, Single Family Detached means a detached building designed for or containing one dwelling unit 18.44.355 Dwelling, Two-Family Detached means a detached building designed for or containing two independent dwelling units (also duplex). 18.44.360 Dwelling, Multiple Family means a building or portion thereof designed for or containing three or more independent dwelling units. 18.44.365 Dwelling Unit means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Deleted: Dwelling Unit means a building or portion thereof providing complete 18.44.370 Electronic Equipment Stores means establishments engaged in the retail sale of a housekeeping facilities. variety of electronic equipment including computers, televisions, stereos, camera, mobile phones, and portable storage devices. 18.44.375 Essential Public Facilities means a facility, conveyance or site whose services are provided by a governmental agency, a private or nonprofit organization under contract to or with substantial funding from government agencies, or a private organization subject to public service 9 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner obligations, which is necessary to adequately provide a public service and which is typically hard to site. 18.44.380 Equipment Rental means the use of a building or land for the purpose of providing tools, implements, or other articles to individuals or businesses on a temporary basis for a specified fee. This use does not include the rental of automobiles or trucks. 18.44.385 Family means one or more persons occupying a premises and living as a single, nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, boardinghouse or rooming house, fraternity or sorority house. 18.44.390 Family Day Care Home means a licensed family day care facility in the licensee’s home providing regularly scheduled care for twelve or fewer children for periods less than twenty-four hours. 18.44.395 Family Day Care or Day Nursery means any type of day care or day nursery program designed to provide care for 12 or fewer children; provided, that any such family day care or day nursery is licensed under federal, state and/or county law as may be required and is conducted in accordance with all federal, state and/or local requirements 18.44.400 Farming of Land means the growing of seasonal crops, the tilling of soil, and/or the harvesting of hay. For purposes of this definition, the farming of land is typically an interim or temporary land use and would not typically include agricultural activities that are of a long-term nature, such as the planting of orchards or vineyards or the raising of livestock. 18.44.405 Fence means an upright structure serving as an enclosure, barrier or boundary usually made of posts, boards, wire, iron, steel, or masonry. 18.44.410 Financial Institution means a business or institution engaged in monetary transactions such as banks, lending, savings and loan institutions and credit unions but excluding check cashing businesses and “pay day loan businesses.” 18.44.415 Flood or Flooding – Flood Insurance Rate Map (FIRM), Flood Insurance Study, Floodplain. All as defined as follows and within FMC § 15.24 A. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/.or the unusual and rapid accumulation of runoff of surface waters from any source. B. Flood Insurance Rate Map (FIRM): The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazards and the risk premium zones applicable within the City. C. Flood Insurance Study: The official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-flood way map, and the water surface elevation of the base flood. 18.44.420 Florist means an establishment engaged in the retail sale of flowers and plants. 18.44.425 Food Stores means stores primarily engaged in selling food and beverages for home preparation and conusmption. It includes grocery stores; mini-market or convenience store uses, meat and fish markets, including freezer provisioners; fruti and vegetable markets; candy, nut and confectionery stores; dairy products stores; retail bakeries; wine and beer shops; liquor stores; and 10 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner miscellaneous stores specializing in items such as spices, coffee, or health foods. As an accessory use, a food store may also sell prepared foods for on-site or off-site consumption. 18.44.430 Food Wagon means a vehicle that is used for retail food sales that is capable of operating from a variety of sites, rather than a fixed location. 18.44.435 Fuel Station/ Mini Mart/ Convenience Store means establishments engagned primarily in the sale of automobile gasoline or other auto fuel to the general public. Such uses may include mini-market or convenience store uses involving the sale of snack and beverage items. 18.44.0 Funeral Establishment means a place of business devoted exclusively to such activities as are related to the preparation and arrangements for the funeral, transportation, burial, or other disposition of human remains, and including but not limited to: (a) a chapel in which memorial, funeral, or religious services may be conducted; and (b) a preparation room equipped for the preparation and embalming of human remains for burial and transportation. 18.44.5 Furniture, Home Furnishings, and Appliance Stores means businesses primarily engaged in the retail sale of goods used for furnishing the home, such as furniture, floor coverings, draperies, lighting fixtures, woodstoves, domestic cook stoves, refrigerators, and other household electrical and gas appliances. This category also include rental of furniture, appliances, and the like. 18.44.450 General Service Businesses means establishments which provide services involving the maintenance, repair or improvement of personal and household goods including computer and consumer electronics repair and service, custom framing shops, jewelry repair, locksmiths, shoe repair, tailors, upholstery shops, and similar uses. 18.44.455 Grade Plane means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. 18.44.460 Gross Floor Area – means the sum of all area within a building or structure. 18.44.465 Guest Room means a room which is intended, arranged, or designed to be occupied or which is occupied by one or more guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes. 18.44.470 Habitable Floor means any floor useable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof, except for a floor used only for storage purposes. 18.44.475 Hazardous Waste means all dangerous and extremely hazardous waste as defined by RCW 7.105.010 18.44.480 Hazardous Waste Treatment means the physical, chemical, or biological processing of dangerous waste to make wastes non-dangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume. 18.44.485 Hazardous Waste Treatment and Storage Facilities, Offsite means treatment and storage facilities that treat or store waste generated on propoerties other than those on which the off-site facilities are located. 11 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.490 Hazardous Waste Treatment and Storage Facilities, Onsite means treatment and storage facilities that threat and store wastes generated on the same, geographically contiguous, or bordering property. 18.44.495 Hedge means a row of closely planted shrubs, bushes, or low growing trees forming a barrier, enclosure, or boundary. 18.44.500 Height of Building means the vertical distance from the highest adjoining natural or undisturbed ground surface within a five-foot horizontal distance of the exterior wall of the building to the highest point on the coping of a flat roof or the highest ridge of a pitch or hip roof. Deleted: Height of Building means the vertical distance from grade plane to the average height 18.44.505 Hog Farm means a lot, structure or building used for the raising or keeping of six or more of the highest roof surface. hogs or swine. 18.44.510 Home Occupations means an occupation or business activity conducted with a dwelling unit by a member or members of the family who occupy the dwelling, where the occupation or business activitiy is clearly incidental and secondary tot the use of the dwelling for living purposes and the residential character of the dwelling is maintained. 18.44.515 Health/Fitness Center means a building, group of buildings or combination of buildings and outdoor uses which together are used for sports, health and recreational uses whether on a membership basis or for the general public. Such facilities include, but are not limited to, gymnasiums, weight-reducing centers, dance studios, tennis, handball or racquetball courts, indoor or outdoor swimming pools and spas, weight training, exercise classes, and running tracks. 18.44.520 Health/Fitness Facility means health clubs, aerobics centers, athletic clubs and gymnasiums, handball and racquetball clubs, weight-reducing centers, dance studios, and other businesses primarily engaged in indoor health and recreation activities, whether on a membership basis or for the general public. 18.44.525 Health Spa means a commercial facility providing body treatments, massage, gyms, spas, health and wellness activities and similar services 18.44.530 Homeless Shelter means a facility designed to provide overnight accommodations and/or meals to homeless persons. 18.44.535 Hospital means a building designed and used for medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses, but not including rest homes, nursing homes, mental institutions, convalescent homes and clinics. Deleted: means a licensed institution designed within an integrated campus setting for the 18.44.540 Hospital or Clinic for Large Animals means a medical facility or institution providing diagnosis, care, and treatment of human illness, both mental and physical. inpatient and outpatient veterinary service consisting of the prevention, cure, or alleviation of disease and injury to large animals or livestock. 18.44.545 Hospital or Clinic for Small Animals means a medical facility or institution providing inpatient and outpateinet veterinary service consisting of the prevention, cure, or alleviation of diease and injury to dogs, birds, cats and similar small animals. 18.44.550 Hot Tub means a non-permanent structure intended for recreational bathing, in which all controls, water heating, and water circulating equipment are an integral part of the product. 12 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.555 Hotel means any building or portion thereof containing six or more guest rooms, which is used, designed, or intended to be used, let, or hired out to be occupied, or which is occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly. Hotels shall be considered in two categories, based on the length of stay available to guests: A. Hotels with transient facilities of fifteen days or less shall be hotels which do not offer guests the opportunity to arrange long-term contracts or payment schedules exceeding fifteen days, although individual circumstances may vary. B. Hotels with transient facilities exceeding fifteen days shall be hotels which offer guests the opportunity to arrange long-term contracts or payment schedules of fifteen days or more. 18.44.560 House-Banked Card Room means an establishment licensed by the Washington State Gambling Commission (the “Commission”) to offer “house-banked card games” as described in WAC 230-40-010 and subject to regulation by the Commission under RCW 9.46.070 and WAC 230-40. 18.44.565 Junkyard means a lot, land or structure, or part thereof, used for the collecting, storage and sale of waste papers, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery, or vehicles not in running condition. This definition includes an auto wreckage yard or storage yard for wrecked automobiles. Deleted: Junkyard means the use of more than one hundred square feet of the area of any lot, 18.44.570 Kennel means a collection of more than three dogs kept upon a lot for any purpose, except or the use of any portion of that half of any lot (but not exceeding a depth or width, as the case that one litter of pups shall not constitute dogs within this definition until they reach three months of may be, of one hundred feet) which adjoins any age. street, for the storage, keeping or abandonment of junk, including scrap metals or other scrap 18.44.575 Landscaping means any of the following or combination thereof: material such as, but not material, or the use of any area for an automobile wrecking yard; provided, however, limited to, grass, ground covers, shrubs, vines, hedges, and trees; and nonliving durable material that this definition shall not be deemed to commonly used in landscaping such as, but not limited to, rocks, pebbles, bark, sand, walls, or include uses conducted entirely within an fences, but excluding paving and artificial plants. See Ferndale Landscaping Standards, FMC § enclosed building or lots for the outdoor display 18.74. and sale of used automobiles in operable condition. 18.44.580 Landscaping Material Sales means establishments engaged in the retail sale of materials commonly used in landscaping such as trees, shrubs, bark, gravel, patio bricks, concrete blocks, pond liners, and similar materials. 18.44.585 Landscaping Standards Landscaping Standards. 1. Canopy tree means a deciduous tree hardy in the local climate whose mature size (height and spread) is appropriate for the planting location. Trees shall have a minimum two-inch diameter at 4.5 feet above grade (DBH) upon planting. The following trees are specifically prohibited along public and private rights-of-way: box elder, silver maple, weeping willow, fir, cedar, hemlock, spruce, pine, poplar, and any fruit, nut or large seedpod bearing species. 2. Diameter breast height (DBH) means the diameter of a tree at 4.5 feet above grade. For naturally occurring trees, the measurement shall be taken 4.5 feet from the existing grade on the uphill side of the tree. 3. Downtown street tree means trees planted in, or adjacent to, the right-of-way in the CB pedestrian-oriented zone. Downtown street trees are limited to the following species in areas with overhead utility lines; Japanese hornbeam, American hornbeam, and golden ash; and the following species in areas without overhead utility lines; Karpick red maple, Chanticleer flowering pear, and autumn purple ash. Trees shall have a minimum two-inch diameter at 4.5 feet above grade (DBH) upon planting. 4. Groundcover means a low-growing, evergreen, perennial plant with a dense spreading growth habit. 13 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 5. Mulch means an organic or inorganic soil covering composed of numerous loose pieces placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds. Straw, shredded paper, sawdust and other rapidly decaying materials are not included in this definition. 6. Outdoor merchandise displays means the display of items for sale outside of a fully covered and walled building that occurs for more than 30 consecutive days and is visible from the public right-of-way. 7. Plant merchandise displays means outdoor merchandise displays where at least 80 percent of the merchandise is living plant materials as measured by square footage. 8. Shrub means a perennial woody plant characterized by several branching trunks supporting one main canopy of leaves, scales or needles that achieves a mature height of less than 15 feet. 9. Tree means a perennial woody plant characterized by one or more main trunks supporting one main canopy of leaves, scales or needles that achieves a mature height of 15 feet or more. 10. Zoning interface means a boundary between two separate land use zones where the boundary lies along an interior property line, but not a public right-of-way or a private right-of-way developed to public standards. See Ferndale Landscaping Standards, FMC § 18.74. 18.44.590 Large Livestock Farming means the keeping of domesticated animals such as horses, ponies, burros, dairy and beef cattle, sheep, goats, swine, and similar animals which are kept for personal or agricultural use, or raised for sale and profit. 18.44.595 Lattice tower means a type of mount that is self-supporting with multiple legs and cross- bracing of structural metal. Deleted: Lattice Tower means a wireless communications support structure, which 18.44.600 Laundry, Self-Service means a business providing home type washing, drying and/or consists of metal crossed strips or bars to support antennas and related equipment. ironing facilities where customers primarily complete the laundering of their own clothes. 18.44.605 Laundry/Dry Cleaning, Retail means a business providing drop off and pick up services of laundry and dry cleaning activities are comleted at an off-site commercial laundry/dry cleaning facility. 18.44.610 Laundry/Dry Cleaning, Neighborhood means a business providing drop off and pick up services of laundry and dry cleaning and where actual laundry/dry cleaning activities are completed on-site in a process that primarily uses solvents or chemicals that are not regulated as hazardous by the Environmental Protection Agency (EPA). Such businesses shall operate in facilities that are 2,000 square feet in area or less. 18.44.615 Laundry/Dry Cleaning, Commercial means a business providing commercial laundry or dry cleaning services. 18.44.620 Livestock Feed Lot means lot, structure or building, or confined area used intensively for raising or keeping of more than six head of beef cattle or similar livestock for the purpose of feeding, breeding, conditioning, or holding the same for marketing or slaughter in which animal waste may accumulate, but not including barns, pens or similar structures. 18.44.625 Lot means a fractional part of subdivided lands or a tract or a parcel having fixed boundaries and being of sufficient area and dimension to meet minimum zoning requirements specified in this title for width and area, unless it is a nonconforming lot. A lot may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or a tract or parcel of land described by metes and bounds. The boundaries of a lot may not be changed nor any new lot created except in compliance with the City’s subdivision requirements. 14 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.630 Lot measurements means as follows: The depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that lots fronting on cul-de-sac roadways shall be measured at front building line, but in no case shall be less than 40 feet wide at the edge of the right-of-way. Deleted: Lot means land occupied or to be 18.44.635 Lot Area means the total horizontal area included within lot lines. occupied by a principal use or building or unit group of buildings and accessory buildings, together with such open spaces as are required 18.44.640 Lot, Corner means a lot bounded on two or more sides by street lines, provided that the under the provisions of this title, having not less interior angle of intersection or interception of said street lines does not exceed one hundred thirty-five than the minimum area required by this title, for degrees. a lot in the district in which such lot is situated, and having its principal frontage on a street, or having a permanent means of access to street. 18.44.645 Lot Interior means a lot other than a corner lot. A lot as defined herein is not necessarily the same as a platted lot.¶ 18.44.650 Lot Line, Front means, in the case of an interior lot, a line separating the lot from the street; in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street; except in those cases in a C-1 district where a lot has two or more street frontages of equal length or nearly equal length, the front lot line shall be considered to be the line adjoining the street which the comprehensive plan shows is intended to carry the heaviest traffic flow. 18.44.655 Lot Line, Rear means the lot line which is generally opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet long, lying wholly within the lot and farthest from the front lot line. 18.44.660 Lot Line, Side means any lot boundary line not a front lot line or a rear lot line. Deleted: Lot Depth means the shortest 18.44.665 Lowest floor means the lowest floor of the lowest enclosed area (including basement). An horizontal distance between the front lot line unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in and a line drawn parallel to the front lot line through the midpoint of the rear lot line. For lots an area other than a basement area, is not considered a building’s lowest floor; provided, that such with front lines containing curves or angles, the enclosure is not built so as to render the structure in violation of the applicable nonelevation design measurement shall be taken from a line drawn requirements of this chapter found at FMC 15.24.200(B). parallel to a base line adjoining the front corners of the lot and lying midway between said base line and a line drawn parallel to said base line 18.44.670 Lumberyard means a business that sells building materials and/or lumber in large quantities, tangent to the curve or through the angle point.¶ and includes a significant portion of its product storage outdoors or in warehouse portions of a building. ¶ Lot Width means the distance between side lot 18.44.675 Macro Facility means a macro facility is an attached commercial wireless communications lines measured at right angles to the lot depth at its midpoint.¶ facility, which consists of antennas equal to or less than fifteen (15) feet in height or a parabolic antenna over one (1) meter in height. Deleted: Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant 18.44.680 Mailing Services means a private establishment engaged in the business of renting enclosure, usable solely for parking of vehicles, mailboxes, accepting packages for delivery, selling packaging materials and /or providing bulk mailing building access, or storage in an area other services for customers. than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the 18.44.685 Manufactured Home means a single-family residence constructed after June 15, 1976 and in structure in violation of the applicable non- accordance with the U. S. Department of Housing & Urban Development (HUD) requirements for elevation design requirements of this ordinance manufactured housing and bearing the appropriate insignia indicating such compliance. found in Section 23.34.070(A)(6), (i.e., provided there are adequate flood ventilation openings). 18.44.690 Manufactured Home Lot, Park, and Stand A. Manufactured Home Lot: means a designated portion of a manufactured home park designed for the accommodation of one manufactured home and its accessory structures. 15 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner B. Manufactured Home Park means any site, lot, field or tract of land under the ownership or management of one person, partnership, firm or corporation which is divided into manufactured home lots for tenancy or lease, upon which two or more manufactured homes are located and occupied for dwelling purposes. C. Manufactured Home Stand means that area of a manufactured home lot, which has been reserved for the placement of a manufactured home. Also includes manufactured home pad. 18.44.695 Manufacturing, General means a manufacturing use, typically having the potential of creating moderate noise, smoke, dust, vibration or other environmental impacts or pollution, and including but not limited to the following: A. Production of items made from stone or concrete; B. Production of items from ferrous or nonferrous metals through use of a machine shop, welding or fabrication; or from nonferrous metals through use of a foundry; or from ferrous metals through use of a foundry heated by electricity (induction melting); C. Production of finished goods, that typically are not for household or office use, such as barrels, ceramic molds, or cardboard cartons, from materials that are already refined, or from raw materials that do not need refining, such as paper, fabric, leather, pre-milled wood; or wool, clay, cork, semiprecious or precious metals or stones, fiber, or other similar materials; D. Production of finished goods, for household or non-household use, such as toys, film, pens, or linoleum from plastic, rubber, or celluloid; E. Production of parts to be assembled into a finished product; F. Development of film on a wholesale basis; G. Production of items through biological processes, such as pharmaceuticals and industrial purifiers, manufactured by bioengineering techniques; H. Production of items such as paint and coatings, dyestuffs, fertilizer, glue, cosmetics, clay, or pharmaceuticals that require the mixing or packaging of chemicals. I. Food processing for human consumption Deleted: except that involving the milling of grain or the refining of¶ 18.44.700 Manufacturing, Heavy means a manufacturing use, typically having the potential of creating sugar. substantial noise, smoke, dust, vibration and other environmental impacts or pollution, and including but not limited to: A. Processing or refining of raw materials, such as but not limited to minerals, petroleum, rubber, wood or wood pulp, into other products; B. The milling of grain or refining of sugar, except when accessory to a use defined as food processing for human consumption or as a retail sales and service use; C. Slaughterhouses, including packing and freezing of meat products; D. Refining, extruding, rolling, or drawing of ferrous or nonferrous metals, or the use of a non-induction foundry for ferrous metal E. Production of large durable goods such as motorcycles, cars, manufactured homes, airplanes, or heavy farm, industrial, or construction machinery; F. Manufacturing of electrical components, such as semiconductors and circuit boards, using chemical processes such as etching or metal coating; G. Production of industrial organic and inorganic chemicals, and soaps and detergents; and H. Conversion of solid waste into useful products or preparation of solid waste for disposal at another location by processing to change its physical form or chemical composition. This includes the off-site treatment or storage of hazardous waste as regulated by the State Department of Ecology. I. Storage of organic or inorganic chemicals, including the storage or regional disposal of household wastes and refuse 18.44.705 Manufacturing, Light means a manufacturing use, typically having little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution, and including but not limited to the following: A. Production, assembly, finishing, and/or packaging of articles from parts made at another location, 16 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner such as assembly of clocks, electrical appliances, or medical equipment; B. Production of finished household and office goods, such as jewelry, clothing or cloth, toys, furniture, or tents, from materials that are already refined, or from raw materials that do not need refining, such as paper, fabric, leather, pre-milled wood; or wool, clay, cork, semiprecious or precious metals or stones, fiber, or other similar materials; C. Canning or bottling of food or beverages for human or animal consumption using a mechanized assembly line; D. Printing plants with more than five thousand (5,000) square feet of gross floor area; E. Electronic product and component manufacturing including radio, TV, computers, data systems equipment, optical, photographic, engineering and similar precision instruments and high-tech industries. 18.44.710 Manufacturing Use means a business establishment in which articles are produced by hand or by machinery, from raw or prepared materials, by giving to those materials new forms, qualities, properties, or combinations, in a process frequently characterized by the repetitive production of items made to the same or similar specifications. 18.44.715 Marinas means an establishment providing docking, moorage space and activities relating to the maintenance and minor repair of pleasure boats and yachts. 18.44.720 Marine Equipment Rentals means a business engaged in the rental of marine equipment, such as boats or jet skis to individuals or businesses on a temporary basis for a specified fee. 18.44.725 Marine Gas Sales means a business typically associated with a marina that engages in retail gasoline sales for boats and other marine equipment. 18.44.730 Master Plan means a detailed site plan for certain distinct areas of the City for which specific plans have been reviewed and approved by the the City. A master plan for a distinct area is not to be Deleted: Planning Commission and the City construed as a substitute for the comprehensive plan. Council. A master plan for a distinct area is not to be construed as a substitute for the comprehensive plan as set forth in RMC 23.01. 18.44.735 Micro Brewery means a small-scale beer brewing plant located within a restaurant or tavern building in which a portion of the building is used for the production of beer for wholesale distribution and for on-site retail sale to restaurant or tavern patrons. 18.44.740 Micro Facility means an attached commercial wireless communications facility which consists of antennas equal to or less than four (4) feet in height and with an area of not more than four hundred eighty (480) square inches in the aggregate (e.g. one (1) foot diameter parabola or two (2) foot by one and one-half (1.5) foot) as viewed from any one point. The permitted antenna height includes the wireless communications facility support structure. 18.44.745 Mini-Warehouse means a structure containing separate storage spaces of varying sizes that are leased or rented on an individual basis and outdoor yards for the storage of goods where storage, retrieval and transport are the responsibilities of the renter or lessee. 18.44.750 Mobile Home means a single-family residence transportable in one (1) or more sections that are eight (8) feet or more in width and thirty-two (32) feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976. 18.44.755 Monopole means a vertical support structure consisting of a single vertical metal, concrete, or wooden pole, typically round or square and driven into the ground or attached to a foundation. 17 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.760 Motel means a building or group of buildings on the same lot containing dwelling units consisting of individual sleeping quarters detached or in connected rows or stories, with or without cooking facilities for rental by transients. Deleted: means a building or group of buildings containing guest rooms designed or 18.44.765 Motor Home: means a portable, temporary dwelling to be used for travel, recreational and used to provide transient lodging. vacation use constructed as an integral part of a self-propelled vehicle. A motor home is considered a recreational vehicle, as defined herein. 18.44.770 Nursing Home or Rest Home means a home for aged, chronically ill, incurable persons, or persons in need of convalescent care outside of a hospital in which two or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness. 18.44.775 Nursery, Plant means an enterprise, establishment or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items such as clay pots, potting soil, fertilizers, insecticides, garden implements, etc. 18.44.780 Office-Corporate means an establishment primarily engaged in providing internal office administration services as opposed to customer service in a single building or a campus setting; for example, the headquarters, regional offices and/or the administrative offices for a corporation. Generally, the majority of the traffic generated from corporate offices comes from employees and not the general public. 18.44.785 Office-Professional means establishments providing a wide variety of professional services Deleted: Consulting Services including but not limited to: accountants, engineers, geologists, architects, financial consultants, landscape architects, land planners, surveyors and interior designers who generally conduct research, provide analysis of information, computer simulation, diagramming, mapping and/or drafting in order to create new products or plans.. The definition may also include administrative, professional, educational, Deleted: ¶ financial, governmental or customer services to individuals, businesses, institutions and/or governmental ¶ agencies in an office setting; for example, branch banks, travel agencies, medical offices, real estate Office-General means an establishment which provide offices, insurance agencies, government offices, customer service offices, data processing services, union or charitable organization offices and wholesaler's offices. 18.44.790 Office – Research and Development means an office/laboratory establishment engaged in the research, analysis, design, development and/or testing of a product. 18.44.795 Office Supply Store means stores selling office products such as stationary, legal forms, writing implements, computers, copies, office furniture, and similar products. 18.44.800 Outdoor Advertising Sign means any lettered, figure, or pictorial matter or other sign of any kind or character whatsoever, made visible for outdoor advertising purposes anywhere. 18.44.805 Outdoor Advertising Structure means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary. 18.44.810 Outdoor Storage means the storage of any products, materials, vehicles, equipment, junk, or scrap outside the confines of an enclosed building, and more specifically defined as: A. Merchandise Display: Display of products and materials, and operable vehicles and equipment for the principal purpose of offering for sale at retail, and incidental to the business existing on the premises; 18 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner B. Equipment and Material Storage: Storage of any equipment or materials in usable condition which are not being specifically displayed as merchandise or offered for sale at retail; and C. Junk and Scrap Storage: Storage of used products or scrap materials such as wood, cloth, paper, glass, metal, plastic, or rock material, which could be refurbished, recycled, or converted into usable stock or material. With some exceptions, outdoor storage must be screened from public view, pursuant to the landscaping standards of the Ferndale Municipal Code (FMC §18.74). 18.44.815 Parking Lot means an open area, other than a street or alley, used for the temporary parking of automobiles and available for public use, whether free or for compensation, or as an accommodation for clients or customers. 18.44.820 Parking Space, Automobile (Off-Street) means space within a public or private parking area, or within a building designed for, or used for the temporary parking or storage of one motor vehicle. 18.44.825 Parking Structure means a structure used for the parking of vehicles where parking is accommodated on two or more levels. 18.44.830 Pasture means a fenced enclosure or confined area used for the grazing of livestock or small animals which contains sufficient vegetation to serve as the principal food source for the livestock confined therein. 18.44.835 Pawn Shop means an establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. 18.44.840 Pen means a fenced enclosure or small confined area used for the raising or keeping of livestock or small animals, but not including barns, sheds or similar structures, or pasture. 18.44.845 Personal Loan Business means an establishment engaged in the business of cashing payroll checks and/or providing small, non-secured, short-term loans to individuals. 18.44.850 Personal Services Business means a business primarily engaged in providing services generally involving the maintenance of the human body, or other services to one's person. Such businesses include, but are not limited to, barber and beauty shops, photographic studios, body piercing, manicuring shops, tanning parlors, body wrapping, tattoo parlors and massage practitioners. 18.44.855 Pet Shop and Pet Supply Store means establishments engaged in the retail sale of pets, pet food, supplies and the grooming of pets. 18.44.860 Photo Processing, Copying and Printing Services means retail establishments that provide duplicating services using photocopy, blueprint and offset printing equipment, including collating of booklets and reports. 18.44.865 Pool, Private means a swimming pool built accessory to a dwelling unit and used for the enjoyment of the family living therein. 18.44.870 Pool, Public means a swimming pool to which the general public has access through the payment of a fee or admission charge. 18.44.875 Pool, Semi-Public means a swimming pool accessory to a hotel, motel, multiple dwelling or similar use to which the general public does not have usual access, and located for the convenience of the guests or patrons of a hotel, motel or similar use 19 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.880 Portable Food Vendor means the vending of food and/or beverages from a movable cart-type stand which is located on the same lot as, and in conjunction with, a permitted use. Portable food vending stands cannot be self-propelled, must serve only walk-up customers, and may not be stored outdoors when the portable food vendor is not open for business. Portable food vendors must have a valid business licensed from the City of Ferndale and must also possess valid health certifications. The City of Ferndale may require a concession contract or similar for portable food vendors operating on public lands. 18.44.885 Poultry Farm means a lot, structure or building used intensively for the raising, feeding, breeding, or keeping of chickens, turkeys, or other poultry for marketing or slaughter, or for the production of eggs for sale. 18.44.890 Public Agency Building means any agency office for the administration of any governmental activity or program. 18.44.895 Public Agency Facility means a lot, structure, facility or building which is necessary for the operation of a public utility or which is performed a public service such as supplying water, wastewater disposal, storm water detention, electrical, transportation or communication service, usually as a monopoly or pursuant to a franchise by a business organization under governmental regulation, or directly by government. Deleted: a vehicular-type unit designed for temporary living quarters for recreational, 18.44.900 Radio and Television Studio means an establishment engaged in transmitting oral and visual camping, or travel use, which either has its own programs, and which consists of a studio, transmitter, and antennas. motive power or is mounted on or drawn by another vehicle and which has a body width of no more than eight feet and a body length of no 18.44.905 Recreational Club means an area devoted to facilities and equipment for recreational more than thirty-five feet when factory-equipped purposes, swimming pools, tennis courts, playgrounds, community clubhouses, and other similar uses for the road. "Recreational vehicle" shall maintained by a nonprofit organization whose membership is limited to the residents within the area in include, but not be limited to, the following: which it is located; provided that membership shall not be denied to residents of the area based solely on Deleted: A. Travel Trailer means a vehicular, race, creed or color. portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, 18.44.910 Recreational Vehicle means a vehicle used for personal pleasure or travel, but shall not be recreational and vacation uses;¶ used in connection with a business endeavor. B. Camper: means a structure designed to be mounted on a truck chassis for use as a 18.44.915 Recreational Vehicle Campground means a parcel of land in which two or more campsites temporary dwelling for travel, recreational and vacation uses;¶ are designated primarily for temporary occupancy by recreational vehicles for travel, recreational or C. Motor Home: means a portable, temporary vacation uses. Such parks shall be construed to include those parks having sites for tent camping as well dwelling to be used for travel, recreational and as for RV campers. Also referred to as “campground” and “park.” See FMC § 18.64. vacation use constructed as an integral part of a self-propelled vehicle;¶ D. Camping Trailer: means a folding structure 18.44.920 Recreational Vehicle Park means a parcel of land in which two or more sites are designated mounted on wheels and designed for travel, primarily for longer occupancy by recreational vehicles for travel, recreational or vacation uses, or in some recreational and vacation uses.(See also cases, long-term stays. Such parks may be construed to include those parks having sites for tent "Dependent recreational vehicles" Section .) camping as well as for RV campers. Also referred to as “campground” and “park.” See FMC § 18.64. Deleted: means a lot or parcel of land occupied or intended for occupancy by 18.44.925 Recreational Vehicle Space means a space or area within an RV park designated for recreational vehicles or tents for travel, recreational or vacation usage for short periods temporary occupancy by RV or tent campers. Also referred to as “site.” See FMC § 18.64. of stay subject to the provisions of this title. 18.44.930 Restaurant means a retail establishment engaged in the preparation and sale of food and Deleted: means a lot or parcel of land occupied or intended for occupancy by beverages, including coffee shops, sandwich shops, ice cream parlors, fast food take-out, espresso recreational vehicles for travel, recreational or stands, and similar uses. The term restaurant can be further described by the following types: vacation uses allowing for longer periods of stay A. Restaurant; Drive-through: means a restaurant which has one or more drive-through lanes for subject to the provision of this title. ordering and dispensing of food and beverages from a limited menu to patrons remaining in their Deleted: means a parcel of land in a vehicles, for consumption off the premises. A drive-through restaurant may also have seating facilities, recreational vehicle park or campground for the placement of a single recreational vehicle and the exclusive use of its occupants. 20 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner but limited or no table service, and does not generally serve beer, wine or spirits. Also includes fast-food restaurant. B. Restaurant; Lounge: means a restaurant which includes licensed "on-site" provision of alcoholic beverages for consumption on the premises as an accessory to food service. C. Restaurant, Sit-down: means a restaurant at which all food and drink is consumed on the premises. Also includes full-service restaurant D. Restaurant, Take-out: means a restaurant that offers a take-out service whereby food may be consumed off the premises. A take-out restaurant may also have seating facilities. 18.44.935 Retail establishment means any new single or multi-building/tenant development whose principal activity is the sale of new or used merchandise in an enclosed building, including entertainment, dining, related service industries, and associated warehousing or storage, and is processed according to the requirements of this title or the building permit process. Mixed-use developments such as those which include professional offices or residential units shall comply with this chapter if more than one quarter of p.m. peak hour trips generated by the development are retail in nature, as determined by the current ITE Trip Generation Manual. (see FMC 18.58). 18.44.940 Sales, Retail means a sale to the ultimate consumer for direct consumption and not for resale. 18.44.945 Sales, Wholesale means a sale for resale not for direct consumption. For the purpose of land use classifications, a business primarily engaged in wholesale sales with less than 25 percent of the square footage of sales in related retail, will be classified as wholesale. Establishments which offer wholesale prices or sales to the public shall generally be considered retail establishments. 18.44.950 Sanitary Station or Sanitary Dumping Station means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks. 18.44.955 School means public or private graded educational institution facility, structure or building but not including trade schools. 18.44.960 School, Alternative means a school which offers a curriculum which is equivalent to but is a substitute for the curriculum commonly found in more traditional public or private schools. An alternative school may be operated by a public or private school district, or may be independent. 18.44.965 School, Commercial means a business establishment where instruction is given, in exchange for payment of a fee. Examples of subjects taught include, but are not limited to, dance, computer skills, music, and martial arts. 18.44.970School, Trade means an educational facility, structure or building operated as a business enterprise offering instruction or training in the trades or industrial arts such as welding, brick laying, machinery operation, cooking, printing or similar trades or industrial arts, but not including schools. 18.44.975 Second Hand/Consignment Store means an establishment engaged in the retail sale of used clothing, sports equipment, appliances, and other merchandise. 18.44.980 Senior Housing means a complex of dwellings, exclusively designed for and occupied by households having at least one person 62 years of age or older. Also see Complete Life Care Retirement Community and Active Adult Community 18.44.985 Sensitive Land Uses means those land uses, which are particularly sensitive to the secondary effects of "adult use businesses.” "Sensitive land uses" include the following: A. Churches, or other religious facilities or institutions; B. Multiple-family and single-family residential zones; 21 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner C. Playgrounds, public parks and public trails; D. Public and private schools, technical schools and training facilities which have twenty-five (25) percent or more of their students under the age of eighteen (18). 18.44.990 Small Livestock Farming means the keeping of four or more domesticated animals such as rabbits, chickens, ducks, turkeys, and similar fowl and animals which are kept for personal or agricultural use, or raised for sale and profit. 18.44.995 Specialty Retail Store means one of a wide variety of stores involved in the retail sale of one or more general categories of specialty goods and merchandise, including but not limited to the following types of specialty stores: sporting goods bicycles, glassware and chinaware, fishing tackle, music, greeting cards, jewelry, toys, hobby supplies, games, cameras, gifts and souvenirs, sewing supplies, tobacco products, newspapers magazines, and comic books, religious supplies, guns and gun supplies or other miscellaneous goods. 18.44.1000 Specified Anatomical Areas and related terms shall be as defined by Ferndale Municipal Code §5.14.020 18.44.1005 Specified Sexual Activities and related terms shall be as defined by Ferndale Municipal Code §5.14.020 18.44.1010 Stable, Private means a building in which horses are kept for private use and not for remuneration, hire, or sale. 18.44.1015 Stable, Public means a building in which horses are kept for remuneration, hire, or sale, including "riding academy." 18.44.1020 Stock-in-Trade means all books, equipment, magazines, periodicals, pictures, posters, printed material, products (including pre-recorded video tapes, discs, or similar material), or other items readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not open to patrons. 18.44.1025 Story means that portion of a building included between the upper surface of any floor and the upper surface of any floor above; or any portion of a building between the topmost floor and the roof having a usable floor area equal to at least 50 percent of the usable floor area of the floor immediately below. The top floor area under a sloping roof with less floor area is a half story. The first story shall be Deleted: means that portion of a building considered the lowest story of which the ceiling is more than six feet above the average contact ground included between the surface of any floor level at the exterior walls of the building. and the surface of the next floor above it, or if there is no floor above it, then the space 18.44.1030 Street means a public thoroughfare which affords the principal means of access to abutting between the floor and the ceiling next above it. A mezzanine floor shall be counted as a property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare story if it covers over one-third of the area of except an alley. the floor next below it, or if the vertical distance from the floor next below it to the 18.44.1035 Structure means a combination of materials constructed or erected which has permanent floor next above it is twenty-four feet or more. A basement shall be counted as a location on the ground or is attached to something having permanent location on the ground, not to story if its ceiling is over six feet above the include paving or surfacing of areas, fences not more than seven feet high, walls not more than six feet level from which the height of the building is high that are used as fences, or screening that is not more than six feet high. measured.¶ Deleted: means anything constructed or 18.44.1040 Substantial Damage means damage of any origin sustained by a structure whereby the cost erected, the use of which requires location on of restoring the structure to its before-damaged condition would equal or exceed seventy-five percent of the ground or attachment to something having the assessed value of the structure before the damage occurred. location on the ground. Deleted: fifty 18.44.1045 Substantial Improvement means any repair, reconstruction, or improvement of a structure, Deleted: market the cost of which equals or exceeds seventy-five percent of the market value of the structure either before Deleted: fifty 22 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not include any project for improvement to comply with existing state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official which are the minimum necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. 18.44.1050 Theater, Movie means an enclosed structure or open air structure used for public assembly for the purpose of showing motion pictures. Also see cinema. Theater, Family Movie means an enclosed structure or open air structure used for public assembly for the purpose of showing motion pictures with a G (General), PG (General – Parental guidance), PG-13 (Parental Guidance – Under 13 Must be Accompanied by Adult) or R (Restricted) rating only Deleted: means a facility used by and for the performing arts but not including cinema 18.44.1055 Towing, Vehicle Impound Lots means a lot used for the temporary storage of vehicles which have been towed by a towing company or for impounded vehicles, but which does not include permanent vehicle storage or dismantling of vehicles 18.44.1060 Trail Head means the beginning of a trail, or when split by a right of way, the continuation of a trail on the opposite side of the right of way. 18.44.1065 Travel Trailer means a vehicular, portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, recreational and vacation usesh. A travel trailer is considered a recreational vehicle, as defined herein. 18.44.1070 Truck Terminal means a business providing a location where goods carried by motor transport can be received, transferred from one vehicle to another, and/or shipped, where the primary purpose is not storage but to serve as a point of transfer. 18.44.1075 Use-Conditional means any use of a lot, structure or building which by its nature, intensity or potential impact upon an area, cannot be considered as a principal or accessory use within a use district, but when subject to special conditions and standards specified in a special use permit may be compatible with other uses in the same or adjacent use districts. 18.44.1080 Use – Permitted means a use authorized or allowed alone in a specified use district for the preservation or promotion of which the use district is established and subject to the requirements of the regulations and standards of such use district, and to which all other uses are accessory, special, conditional, or nonconforming. 18.44.1085 Use-Accessory (Secondary) means a secondary or minor use of a lot, structure, or building designed or employed in conjunction with, but subordinate or incidental to, and compatible with the principal permitted use for which the use district is established, and subject to the regulations and standards of such use district. 18.44.1090 Use, Nonconforming means the use of a building or other structure or of a tract of land which does not conform to the use regulations of this title for the district in which it is located, either at the Deleted: Use-Special means any use of a lot, effective date of this title or as a result of subsequent amendments which may be incorporated into this structure or building which by its nature, title. intensity or potential impact upon an area, cannot be considered as a principal or accessory use within a use district, but when 18.44.1095 Variance means a modification of the regulations of this title granted by the Board of subject to special conditions and standards Adjustment after finding that the literal application of the provisions of this title would cause undue and specified in a special use permit may be unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. compatible with other uses in the same or adjacent use districts.¶ 23 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.44.1100 Vehicle Leasing and Rentals means the use of any building or land for a business involving the leasing of vehicles. 18.44.1105 Vehicle Dealership means a business, conducted either within or outside of a building or group of buildings, which specializes in the sale or long-term lease of new or used automobiles, trucks or vans, recreational vehicles such as motor homes or golf carts, boats, farm vehicles, and/or utility vehicles such as riding lawnmowers. Vehicle dealerships may also include as accessory uses facilities for the warranty service and repair of vehicles, as well as professional offices and warehouses. Also includes Vehicle Sales 18.44.1110 Video Rental Store means an establishment engaged primarily in the renting or sale of videocassettes, DVD’s, and video games. 18.44.1115 Warehousing and Wholesale Trade means establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public. 18.44.1120 Warehousing, storage and distribution means a building where goods and materials are kept immediately prior to their delivery to retail outlets or their sale to other businesses. This use may include vehicle maintenance or storage as an accessory use 18.44.1125 Wholesale Use means a business that stores large stocks of goods for sale in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer. 18.44.1130 Wineries – Production means an establishment engaged in the production of wine for wholesale distribution. 18.44.1135 Wineries – Tasting Room means an establishment engaged in the retail sales of wines. 18.44.1140 Commercial Use Districts Permitted Land Uses In the following chart, land use classifications are listed on the vertical axis. Zoning districts are listed on the horizontal axis. A. If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted, subject to the general requirements and performance standards required in that zoning district, such as limitations on total square footage, height, lot coverage, and design standards. B. If the symbol “C” appears in the box at the intersection of the column and row, the use is permitted subject to the Conditional Use Permit provisions contained in FMC 18.12. 24 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner C. If the symbol “A” appears in the box at the intersection of the column and the row, the use is permitted as an accessory use, subject to the general requirements and performance standards required in the zoning district. D. If a number appears in the box at the intersection of the column and the row, the use is subject to the general conditions and special provisions indicated in the corresponding note. E. If no symbol appears in the box at the intersection of the column and the row, the use is prohibited in the zoning district. F. If a use is not listed in the following chart, but is considered a like or similar use to a permitted or conditional use allowed in the zone, it may be considered subject to the Conditional Use Permit provisions contained in FMC 18.12. G. Uses which are considered “Destination Uses” as defined herein may be eligible for an increase in the allowable square footage of the use, subject to Conditional Use Approval. In determining if approval shall be granted, the Hearings Examiner must determine that the applicant has demonstrated all of the following: 1. That the use requires a larger gross floor area in order to serve a regional market. 2. That the use, by virture of a larger size, would not create additional undue impacts to surrounding land uses and the character of the community in general which could not otherwise be mitigated. 3. That the use is dependent on the unique characteristics of the proposed site, due to the site’s proximity or access to transportation, proximity to population centers, proximity to other natural or man-made amenities, size and/or topography, or other site-specific elements. 25 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner DOWNTOWN MIXED RIVERFRONT MIXED GENERAL BUSINESS DISTRICT C6/GDD 1 REGIONAL RETAIL DISTRICT C3/RBD RETAIL BUSINESS NEIGHBORHOOD DISTRICT C5/GBZ DEVELOPMENT ACTIVITY ZONE ZONE C7/RRZ USE C1/DMU USE C4/RMU CITY CENTER LAND USE GATEWAY C2/NAZ AGRICULTURAL USES Raising Crops, Trees, Vineyards AUTOMOTIVE, MARINE AND HEAVY EQUIPMENT Automotive Repair – Major Automotive Repair – Minor P Automotive Repair – Specialty Shop C Automobile Sales Automobile Recycling, Junkyards, Impound Yards or other Similar Operations Which Include Storage of Vehicles Automobile Service Station P P Auto Part Sales P P* Bicycle or Motorcycle Rental or Sales P2 Boat Building Bottling Plants Car Wash – Automatic or Self Service P Equipment Rentals P A* Farm Equipment & Supplies Sales Gas/Fuel Station P P* Heavy Equipment Sales & Repair Manufactured Home Sales Lot Marinas Marine Equipment Rentals 1 No use or individual business within the Gateway Development District shall be larger than 3,000 gross square feet of floor area. However, in developments which combine several individual tenant spaces of less than 3,000 square feet, such as shopping centers, a larger anchor tenant may be allowed. The anchor space shall not exceed 50% of the total gross floor area of the development, or 20,000 square feet, whichever is less. The total gross floor area of the shopping center or development may not exceed 40,000 square feet. 2 When enclosed within a primary building 26 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner DOWNTOWN MIXED RIVERFRONT MIXED GENERAL BUSINESS DISTRICT C6/GDD 1 REGIONAL RETAIL DISTRICT C3/RBD RETAIL BUSINESS NEIGHBORHOOD DISTRICT C5/GBZ DEVELOPMENT ACTIVITY ZONE ZONE C7/RRZ USE C1/DMU USE C4/RMU CITY CENTER LAND USE GATEWAY C2/NAZ Marine Gas Sales Marine Repair Towing, Vehicle Impound Lots Truck Rentals Truck Stop‐Diesel Fuel Sales Truck Terminal/ Truck Stop Vehicle Leasing/ Renting Vehicle Sales Warehousing, Wholesale Use BUSINESS AND PERSONAL SERVICES Animal Shelter Automatic Teller Machines P P Barber/Beauty Salon P P Commercial Kennel Contractor’s Offices P P Funeral Establishments P P* Crematoriums General Service Businesses P P* Health Spa P P Hospital/Clinic – Large Animal Hospital/Clinic – Small Animal C Laundry/Dry Cleaning, Commercial Laundry/Dry Cleaning, Neighborhood P Laundry/Dry Cleaning, Retail P Laundry – Self Service P Mini‐Warehouse/ Storage Mailing Service P P* Moving and Storage Company Personal Loan Business P P* Personal Services Businesses P P Photo Processing, Copying & Printing Services P Substance Abuse Treatment Facility 27 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner DOWNTOWN MIXED RIVERFRONT MIXED GENERAL BUSINESS DISTRICT C6/GDD 1 REGIONAL RETAIL DISTRICT C3/RBD RETAIL BUSINESS NEIGHBORHOOD DISTRICT C5/GBZ DEVELOPMENT ACTIVITY ZONE ZONE C7/RRZ USE C1/DMU USE C4/RMU CITY CENTER LAND USE GATEWAY C2/NAZ Telemarketing Services P* Video Rental Store P P* Tattoo Parlor P C FOOD SERVICE Cafeterias A A* Delicatessen P P P Drinking Establishments P C* Micro‐Brewery P P* Portable Food Vendors Restaurants/Drive Through P P P^ Restaurants/Lounge P P P^ Restaurants/Sit Down P P P^ Restaurants/Take Out P P P^ Restaurants with Entertainment/Dancing P P^ Facilities Tavern P C Wineries – Tasting Room P P^ INDUSTRIAL/MANUFACTURING USES Food Processing Laundry and Cleaning Plants Laboratory – Research and Development Light Manufacturing Uses Warehousing and Distribution Facilities Wholesale Facilities & Operations Wineries – Production OFFICE USES Financial Institutions P P Medical, Dental and Other Clinics C P Newspaper Offices & Printing Works P Office – Consulting Services C A P 28 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner DOWNTOWN MIXED RIVERFRONT MIXED GENERAL BUSINESS DISTRICT C6/GDD 1 REGIONAL RETAIL DISTRICT C3/RBD RETAIL BUSINESS NEIGHBORHOOD DISTRICT C5/GBZ DEVELOPMENT ACTIVITY ZONE ZONE C7/RRZ USE C1/DMU USE C4/RMU CITY CENTER LAND USE GATEWAY C2/NAZ Office – Corporate C A P Office – General C A P Office – Research & Development C A P Radio and Television Studios Real Estate Office C C P Schools, Commercial Schools, Trade Travel Agencies P P PUBLIC/QUASI PUBLIC USES Churches Clubs or Fraternal Societies Cultural Institutions C General Park O & M Activities P Hospitals Homeless Shelter Passive Open Space Use P Power Transmission, Irrigation Wastewater P Easements, & Utility Uses Public Agency Buildings C Public Agency Facilities P Public Campgrounds Public Parks C Schools, Kindergarten through Middle School Schools, High School Schools, Institution of Higher Education, including Technical Schools Schools, Alternative Special Events including concerts, tournaments C and competitions, fairs, festivals and similar public gatherings 29 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner DOWNTOWN MIXED RIVERFRONT MIXED GENERAL BUSINESS DISTRICT C6/GDD 1 REGIONAL RETAIL DISTRICT C3/RBD RETAIL BUSINESS NEIGHBORHOOD DISTRICT C5/GBZ DEVELOPMENT ACTIVITY ZONE ZONE C7/RRZ USE C1/DMU USE C4/RMU CITY CENTER LAND USE GATEWAY C2/NAZ Trail Head Facilities 3 P P P Trails for Equestrian, Pedestrian, or non‐ P P P motorized Vehicle Use 4 RECREATIONAL USES Art Galleries P P Batting Cages, Racquetball and Tennis Courts, Driving Ranges, Miniature Golf, Shooting Range Boat Mooring Facilities Bowling Alley P Cinema, Indoor C P Cinema, Drive‐In Commercial Recreation, Indoor P Commercial Recreation, Outdoor C Dance Hall C C Dart/ Billiard Room P Health/Fitness Center With Instructional C C^ Classes Health/Fitness Center Without Instructional P C^ Classes House Banked Card Rooms Playfields Public Pool Recreational Vehicle Campgrounds Recreational Vehicle Parks Running Track Senior Center/ Activity Center C Skating Rink 3 Subject to the City of Ferndale Parks, Recreation, and Trails Master Plan 4 Subject to the City of Ferndale Parks, Recreation, and Trails Master Plan 30 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner DOWNTOWN MIXED RIVERFRONT MIXED GENERAL BUSINESS DISTRICT C6/GDD 1 REGIONAL RETAIL DISTRICT C3/RBD RETAIL BUSINESS NEIGHBORHOOD DISTRICT C5/GBZ DEVELOPMENT ACTIVITY ZONE ZONE C7/RRZ USE C1/DMU USE C4/RMU CITY CENTER LAND USE GATEWAY C2/NAZ Stable, Public Theater (Indoor) C P Theater (Outdoor) Video Game Arcade P RESIDENTIAL USES Accessory Dwelling Unit Apartment or Condominium (3 or more units) C P Assisted Living Facility Bed and Breakfast P Boarding House Day Care Center C Dormitories, Fraternities & Sororities Dwelling, One Family Attached Dwelling, Two‐Family Detached (Duplex) Dwelling Units for a Resident Watchman or C Custodian Family Day Care Home Houseboats Hotels or Motels with Stays Less than 15 days P P P Hotels or Motels with Stays More than 15 days C C P Mental Health Facility Mobile/ Manufactured Home Park Multi‐Family Development, above first floor C P Multi‐Family Development, Any/All Levels C P Nursery School P Nursing or Rest Home Recreational Club C Rooming House or Lodging House Senior Housing/ Retirement Community Temporary Residence RETAIL USES Antique Store C P 31 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner DOWNTOWN MIXED RIVERFRONT MIXED GENERAL BUSINESS DISTRICT C6/GDD 1 REGIONAL RETAIL DISTRICT C3/RBD RETAIL BUSINESS NEIGHBORHOOD DISTRICT C5/GBZ DEVELOPMENT ACTIVITY ZONE ZONE C7/RRZ USE C1/DMU USE C4/RMU CITY CENTER LAND USE GATEWAY C2/NAZ Adult Use Establishments Apparel and Accessory Stores P P Auto Parts Supply Store P P Books, Stationary & Art Supply Stores P P Building, Hardware, Garden Supply Stores P P Commercial “Card Lock” Fueling Stations Convenience Store Without Fueling Facilities P P Convenience Store With Fueling Facilities P P Department Store P Drug Store/ Pharmacy P P Electronic Equipment Stores P P Farm Equipment Sales and Service P 5 Supermarkets P C Florist P P Furniture, Home Furnishings & Appliance P Stores Liquor Store C Landscaping Material Sales Lumberyards Nursery, Plant P Office Supply Store P P Shopping Center P C General Retail P Outdoor Sales C Park and Ride C Parking Lot or Structure C Pawn Shop C Pet Shop & Pet Supply Stores P Retail Hay, Grain & Feed Stores P Second Hand Store C 5 Not to Exceed 10,000 Square Feet 32 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner DOWNTOWN MIXED RIVERFRONT MIXED GENERAL BUSINESS DISTRICT C6/GDD 1 REGIONAL RETAIL DISTRICT C3/RBD RETAIL BUSINESS NEIGHBORHOOD DISTRICT C5/GBZ DEVELOPMENT ACTIVITY ZONE ZONE C7/RRZ USE C1/DMU USE C4/RMU CITY CENTER LAND USE GATEWAY C2/NAZ Specialty Retail Stores P P Wholesale Store P MISCELLANEOUS USES Auction House C Bus Station C Bus Terminal C Cemetery Community Festivals & Street Fairs C C Convention Center, Including Banquet Facilities and/or Meeting Halls Correctional Facility Electrical Distribution Substation Micro and Macro Antennas C C* Monopole C C* On‐Site Hazardous Treatment & Storage Outdoor Storage A Publicly Owned Community Signs and Public P P P* Art Stadium, Sports Arena, Auditorium, or Other C Place of Assembly with Fixed Seats Storage in an Enclosed Building A A* Transportation Center C Visitor or Tourist Information Center P P P* 18.44.1150 Site Requirements and Development Standards Deleted: for Commercial Use Districts¶ In the following matrix, development standards are listed on the vertical axis. Zoning districts are listed on the horizontal axis. The number appearing in the box at the intersection of the column and row represents the dimensional standard which applies to that zoning district. 33 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner Standard C1/DMU C2/NAZ C3/RBD C4/RMU C5/GBZ C6/GDD C7/RRZ CC Minimum Lot Area N/A N/A N/A Minimum or Maximum N/A N/A 15 dwelling Density – Multifamily units/acre Dwellings (units/square (minimum) feet) Minimum Lot Width – N/A N/A N/A Single Family Attached Dwellings Minimum Front Yard 0’ 0’ Setback Minimum Side Yard 0’ 6 0’ 7 0’ 8 Setback Minimum Rear Yard 0’ 9 0’ 10 0’ 11, 12 Setback Maximum Building 45’ 45’ 70’ 13 Height Gross Floor Area Limit 40,000/ N/A 15 N/A Deleted: 10,000 Permitted/Conditional 75,000 14 6 When properties abut side of residentially zoned land, setbacks increase to fifteen feet 7 When properties abut side of residentially zoned land, setbacks increase to fifteen feet 8 18.46.050 (B) 9 Setbacks increase to fifteen feet when adjacent to residential zones Deleted: When properties abut residentially zoned land, setbacks increase to fifteen feet 10 Setbacks increase to fifteen feet when adjacent to residential zones 11 18.46.050 (C) 12 See 18.46.050 (D) for corner setbacks 13 Subject to additional restrictions and/or height bonuses: 18.46.070 14 Existing developments may be allowed a one‐time expansion above 75,000 square feet through a variance 34 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner (square feet) Floor Area Ratio (building .5:1 .5:1 2:1 square feet: lot square feet) 15 Maximum gross floor area shall reflect the size and scale of the adjacent commercial zones 35 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner Chapter 18.47 Retail Business Use District (C3/ RBD) Sections: 18.47.010 Purpose 18.47.020 Land Use Objectives 18.47.030 Retail Business District Special Requirements 18.47.040 Minimum Lot Size 18.47.050 Maximum Building Height 18.47.060 Setbacks and Lot Coverage 18.47.070 Development Proposals 18.47.010 Purpose: The Retail Business Use District is a zone classification intended to provide a wide range of retail business uses and services compatible with the core of the City and limited in scope to reflect the needs of the community. All activities shall be conducted within an enclosed building, with the exception of off-street loading, parking, and servicing of automobiles. Outdoor sales of merchandise are permitted on a limited basis, provided that such sales are incidental to the primary use and are temporary (less than thirty days) in nature, and are conducted in an area that has been established for the purpose. Limited residential use may be allowed when incidental to the primary retail and commercial uses. Developments within the Retail Business Use District shall be subject to the Retail Design Standards (FMC 18.58) and Ferndale EAGLE Program, where applicable. This zone may be applied to some portions of the City that are designated Commercial under the City of Ferndale Comprehensive Plan. 18.47.020 Land Use Objectives Uses within the zone shall also: (a) Establish public or private connecting roads between parcels where practicable, in order to increase the efficiency of primary roadways in the area (b) Be designed so as not to obscure or eliminate views of Mount Baker from the public right of way 36 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner (c) Foster pedestrian and other non-motor vehicle activity (d) Consolidate, to the greatest extent possible, the number of access points from the primary roadways in the area. (e) Create shared parking and loading areas within and between retail developments (f) Minimize the use and appearance of large, free-standing signage, as well as establish a comprehensive sign plan when more than two uses are proposed. 18.47.030 Retail Business District Special Requirements: A. No Permitted Use shall exceed 40,000 square feet of gross floor area, including all structures and uses within a development B. Proposed uses over 40,000 square feet gross floor area may seek a Conditional Use Permit up to 75,000 square feet gross floor area. In considering a proposal for such a development, the Hearings Examiner shall ensure that: i. The applicant has notified the public, specifically nearby property owners, of the proposal, and that those property owners have been given the opportunity to present their perspective before the Hearings Examiner. ii. A site plan has been provided which clearly identifies access into and out of the proposed development. iii. The site plan shall clearly identify the proposed footprint of the structures on the site. iv. Further modifications to the site plan following approval of the site plan by the Hearings Examiner may be allowed, but shall be limited in nature. Major modifications shall require that the applicant provide notice to nearby property owners and that the Hearings Examiner review the changes in a second public hearing C. Uses or structures existing prior to the establishment of this chapter which would otherwise be restricted from expanding due to the provisions of this ordinance shall be eligible to apply for a variance for a one-time expansion of up to 20% of the existing gross floor area of the building or group of buildings, provided that the expansion shall be on the same lot(s) as the current use. 37 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner 18.47.040 Minimum Lot Size Minimum Lot Size is as follows: None 18.47.050 Maximum Building Height Maximum Building Height is as follows: Forty-five (45) feet. 18.47.060 Setbacks and Lot Coverage Setbacks and lot coverage are as follows: A. Setbacks a. Front: None b. Rear: Fifteen (15) feet, if rear of lot abuts side of residential property, otherwise none c. Sides: None B. Floor Area Ratio: 1. A minimum FAR of .5 : 1 shall apply 2. For every one square foot of lot area, there must be a half square foot of indoor space, including covered parking. 3. Required setback areas, critical areas, portions of the lot dedicated for future public use, or otherwise unbuildable areas, in the judgment of the Community Development Director, shall not be included in lot area for FAR calculations 18.47.070 Development Proposals A. The City of Ferndale has identified the Retail Business Use District as an area in which development shall make efficient use of total lot area by consolidating development to the greatest extent practical, and by utilizing shared infrastructure such as parking and storm water facilities. In addition, proposals which are anticipated to result in development which is phased in over time shall be required to identify the project scope on a Master Project Application or, for commercial subdivisions, propose a General Binding Site plan which will guide the development and be binding upon the City and the applicant, but may be amended if necessary. Commercial subdivisions such as short plats are discouraged in this zone, unless no project is identified. Short plats shall be reviewed based on the highest Permitted Use in the zone. (Reserved for Riverfront Mixed Use Zone (C4/RMU): FMC § 18.48 (Reserved for General Business Zone (C5/GBZ): FMC § 18.49 38 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner Chapter 18.50 Gateway Development District (C6/GDD) Sections: 18.50.010 Purpose 18.50.020 Land Use Objectives 18.50.030 Minimum Lot Size 18.50.040 Minimum Lot Width 18.50.050 Maximum Building Height 18.50.060 Setbacks and Lot Coverage 18.50.070 Parking 18.50.080 Accessory building and use regulations 18.50.090 Sign regulations 18.50.100 Architectural Design and Materials 18.50.010 Purpose: The Gateway Development District is intended as a zone in close proximity to freeway interchanges which provides access to the downtown core of the City. The zone includes a range of uses necessary to serve the traveling public, while providing a welcoming entrance to the City of Ferndale. In some cases, “Destination Uses” as defined by FMC § 18.44.320 may be allowed provided that the criteria of FMC § 18.44.1140 (G) are met. Deleted: Recognizing that while the four freeway interchanges in Ferndale share many similar characteristics, but may serve slightly Residential uses are not permitted within the Gateway Development District, unless different functions, certain use-types and design requirements have been modified in order to associated with caretaker or security dwellings. Developments within the Gateway guide appropriate development in those areas. Development District shall reflect the Retail Design Standards (FMC § 18.58), where Specifically, a “Regional Gateway Overlay” has been added to the Slater Road and Grandview applicable, regardless of use-type, as well as the Ferndale EAGLE Program, where intersections. applicable. This zone may be applied to some portions of the City that are designated Commercial under the City of Ferndale Comprehensive Plan, and is authorized under the commercial land use subset “Entryway Oriented” commercial. The district shall be placed in areas that are directly influenced by and visible from Interstate Five, generally within two thousand (2000) feet of a freeway access road. 18.50.020 Land Use Objectives: Deleted: Uses within the zone shall also (a) Establish functional, attractive entrances to the City of Ferndale, while providing ancillary services to existing or potential uses in close proximity to the Gateway District (b) Reflect the high design standards, unique character, and development scale of the City and surrounding land uses through design standards adopted by reference through this chapter, while providing ample latitude for creativity of design. 39 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner (c) Establish a range of compatible uses that together promote a vibrant, relatively dense mix of activities and services (d) Identify limited areas within the City for which certain non-retail land uses may benefit from freeway exposure, in order to minimize the impacts of incompatible uses on residential districts or other commercial and industrial zones. (e) Provide a logical transition between transportation-oriented uses and uses within the center of the City. (f) Reflect design standards and size limitations in order to preserve the appearance of Deleted: Reflect the size and scale of adjacent commercial and industrial zones. small-scale commercial development. 18.50.030 Minimum lot size. Minimum lot size is as follows: None. 18.50.040 Minimum lot width. Minimum lot width is as follows: None 18.50.050 Maximum building height. Maximum building height is as follows: 45 feet. 18.50.060 Setbacks and lot coverage. Setbacks and lot coverage are as follows: A. Setbacks: Front: None Rear and sides: Fifteen (15) feet, if rear of lot abuts side of residential property or public right of way, otherwise none B. Lot coverage (maximum): None. Deleted: 15 feet from any street right-of-way lines;¶ C. Floor Area Ratio: 1. A minimum FAR of .5 : 1 shall apply 2. For every one square foot of lot area, there must be a half square foot of indoor space, including covered parking. 3. Required setback areas, critical areas, or otherwise unbuildable areas, in the judgment of the Community Development Director, shall not be included in lot area for FAR calculations 18.50.070 Parking. For specific parking requirements, refer to Chapter 18.76 FMC. A maximum of one curb cut shall be allowed per lot, unless the applicant can demonstrate to the City that additional curb cuts are necessary to satisfy traffic activity. Applicants are encouraged 40 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner to promote connectivity between individual lots and developments. For properties in close proximity to freeway interchanges, the City may restrict the use of left-hand turns. 18.50.080 Accessory building and use regulations. For specific regulations on accessory buildings or uses, refer to FMC 18.72.050. 18.50.090 Sign regulations. For specific regulations on signs, refer to Chapter 18.80 FMC. 18.50.100Architectural Design and Materials. Regardless of use-type, development within the Gateway Development District shall comply with the design standards contained in Chapter 18.58 FMC. 41 Retail Business Use District (R3) August 14, 2009 Prepared by Jori Burnett, Senior Planner Exhibit 2: Proposed Main Street Gateway August 26, 2009 BARRE TT RD Main Street Area Riverside Golf Course BAR R ETT R RIVERSIDE DR D AXTON CT Int erst at e 5 ST IN MA LA BO UN T Y BA DR RR ET TA VE NORDIC WAY HO VA N D ER RD Legend Gateway Zone DISCLAIMER USE OF THIS MAP IMPLIES THE USER'S AGREEMEN T WITH THE FOLLOWING STATEMENT: City Limits The City of Fernd ale d iscl aims any wa rranty of merchantabili ty or warranty of fitn ess of th is map for any particular p urpose , either express or implied. No representatio n or warranty is made co nce rni ng the accu racy, currency, comple teness o r qual ity of data depi cted on this map . Any user of this map assumes al l responsib ility for use thereo f, and further agrees to ho ld the City of Fe rn dale harml ess Unincorporated Urban Growth Area from and agai nst any damage, lo ss, or liabi lity arising from any use of th is map. 120 60 0 120 Feet Exhibit 2: Proposed Portal Way Gateway August 26, 2009 South Portal Area PO RTAL WAY AY W AL RT PO Int erst at e 5 PO RT AL WA Y ST R DA CE Legend Gateway Zone DISCLAIMER USE OF THIS MAP IMPLIES THE USER'S AGREEMEN T WITH THE FOLLOWING STATEMENT: City Limits The City of Fernd ale d iscl aims any wa rranty of merchantabili ty or warranty of fitn ess of th is map for any particular p urpose , either express or implied. No representatio n or warranty is made co nce rni ng the accu racy, currency, comple teness o r qual ity of data depi cted on this map . Any user of this map assumes al l responsib ility for use thereo f, and further agrees to ho ld the City of Fe rn dale harml ess Unincorporated Urban Growth Area from and agai nst any damage, lo ss, or liabi lity arising from any use of th is map. 70 35 0 70 Feet Exhibit 2: Proposed Main Street Retail Business Zone August 26, 2009 EATON ST PORTAL WAY SOMERSET ST BARRETT RD WILLA RD ST WASHINGTON ST a rk Riverside SECOND AVE ht P Golf Course c ya BA er S SD R nd Int erst at e Va 5 AXTON CT ST IN MA E AV DR r ST ve S FIR S BA Ri DR E S ID ck H ER E Pa a s ti AV rk n g RIV s sa T ON FR ok No Baker St NORDIC WAY ER D R TTL SE D OL HO VA N D ER Whatcom County RD Hovander Homestead BA RR Park ET T AV E L LA P BO UT SC O UN TY DR NIELSEN RD MEYERS CT SHIELDS RD WH O VA PATRIOT CT ND ER RD S LN EN EL H CT ST IE R AN SH R IE LDS RD RIVER LEA RD W SMITH RD D CREIGHTON R Legend retail_areas DISCLAIMER City Limits USE OF THIS MAP IMPLIES THE USER'S AGREEMEN T WITH THE FOLLOWING STATEMENT: The City of Fernd ale d iscl aims any wa rranty of merchantabili ty or warranty of fitn ess of th is map for any particular p urpose , either express or implied. No representatio n or warranty is made co nce rni ng the accu racy, currency, comple teness o r qual ity of data depi cted on this map . Any user of this map assumes al l responsib ility for use thereo f, and further agrees to ho ld the City of Fe rn dale harml ess Unincorporated Urban Growth Area 280 140 0 280 Feet from and agai nst any damage, lo ss, or liabi lity arising from any use of th is map. Exhibit 2: Proposed Portal Way Retail Business Zone August 26, 2009 KAAS RD CALICO LP MC KIN LE Y ST MCK INLE Y CT NICKLES ST EVELY N CT BILLIE CT GADWA RD PORTAL WAY THORNTO N RD NEWKIRK RD NEWKIRK RD Int erst at e 5 AY W L TA R PO Legend retail_areas DISCLAIMER City Limits USE OF THIS MAP IMPLIES THE USER'S AGREEMEN T WITH THE FOLLOWING STATEMENT: The City of Fernd ale d iscl aims any wa rranty of merchantabili ty or warranty of fitn ess of th is map for any particular p urpose , either express or implied. No representatio n or warranty is made co nce rni ng the accu racy, currency, comple teness o r qual ity of data depi cted on this map . Any user of this map assumes al l responsib ility for use thereo f, and further agrees to ho ld the City of Fe rn dale harml ess Unincorporated Urban Growth Area 160 80 0 160 Feet from and agai nst any damage, lo ss, or liabi lity arising from any use of th is map.