Bellingham City Zoning Code

20.42 Public

Development

20.42.010 Introduction.

A. This chapter specifies applicable procedures and regulations that apply to usage of land within the public (P) general use type.

B. This chapter is designed to be used in conjunction with the land use classification system found within the applicable neighborhood plan. [Ord. 9024, 1982].

20.42.020 Purpose and intent.

A. Intent. The public (P) general use type is intended to apply to major parcels of land within the city limits which are owned by public agencies and used for public purposes. The public general use type recognizes the fact that public agencies, in attempting to serve the general public, have unique needs which cannot be adequately addressed through standard zoning legislation. The public general use type also recognizes that adjacent property owners should be aware of potential use of neighboring public land and have assurance of minimum performance standards.

B. Purpose. The public general use type is intended to:

1. Provide for a public awareness of the possible uses of neighboring public land.

2. Accommodate a potential myriad of government related uses, while providing minimum performance standards for new developments and mitigating the potential for adverse impacts occurring off site.

3. Coordinate plans of various public agencies with the city of Bellingham and its comprehensive plan.

4. Provide a graphic record of major publicly owned parcels.

5. Help allow for a better assessment of the other land use designations, since major public lands will not weight those designations disproportionately. [Ord. 9024, 1982].

20.42.030 Scope – Applicability – Reversion.

A. Scope. The following public agencies have lands currently designated public within the comprehensive neighborhood plan land use classification system:

1. The United States of America.

2. The state of Washington.

3. Whatcom County.

4. The city of Bellingham.

5. The port of Bellingham.

6. Bellingham School District No. 501.

7. The Bellingham Housing Authority.

1. All property designated public (within the comprehensive neighborhood plan land use classification system) shall follow procedures herein specified corresponding with the (appropriate) ownership of the subject property.

2. Land not designated public, although owned by an agency listed within subsection (A) of this section or owned by other public or quasi-public agencies, shall follow the regulations of the general use type which the property is designated.

C. Removal from Public Ownership. Should property presently designated public cease to be owned by the public agency, then said property shall be regulated under the same zoning provisions of this title as property zoned:

General Use Type	Residential Single
Use Qualifier	Detached
Density	20,000 square foot minimum detached lot size

Until and unless the city council, after recommendation by the planning and development commission, changes the classification system following standard change of classification procedures. [Ord. 2004-12-088; Ord. 9024, 1982].

20.42.040 Land owned by the federal government.

A. Development upon land owned by the United States of America shall be exempt from the requirements of this chapter.

B. The mayor of the city of Bellingham is authorized to communicate the proposal’s relationship to the city’s comprehensive plan, to applicable local regulations, and may recommend mitigating actions which should be undertaken by the respective federal or state agency to minimize potential or actual adverse impact caused by the proposal. [Ord. 1998-08-066; Ord. 9024, 1982].

20.42.050 Land owned by the city of Bellingham, Whatcom County, the port of Bellingham, the Bellingham housing authority or the Bellingham school district and designated public.

A. Permitted Uses. Use of public land must be within the range of the use qualifiers as defined herein.

a. Agricultural (or Arboretum). To provide adequate facilities related to the cultivation of plants, usually for scientific or educational purposes. The term includes associated accessory buildings and uses such as greenhouses, equipment storage buildings, living quarters for employees, and limited facilities (trails, benches, etc.) to view and enjoy the plants and environment.

b. Cemetery. To provide an area used for the burial of the dead, including related accessory buildings and uses.

c. Governmental Services. To provide any of a diversified range of governmental services such as offices, fire and police stations, libraries, museums, senior activity centers, arts and crafts facilities and similarly related uses.

d. Housing, Public. To provide living units for use by low income families. The term shall include related accessory buildings and uses.

e. Housing, Student. To provide living units for use by students of Western Washington University including related accessory buildings and uses.

f. Interim Housing. See “interim housing” definition in BMC 20.08.020.

g. Open Space. To preserve land in its “natural state” with limited recreational activities such as trails and benches.

h. Parks. To provide for a diverse range of leisure and/or recreational activities. The term shall include accessory buildings and uses but is not intended for activities which normally attract large numbers of spectators.

i. Recreation. To provide for active recreational facilities including accessory buildings and uses where a large number of spectators may be anticipated. The term may include uses which cater to the public such as eating places.

j. School. To provide a diverse range of educational opportunities. Accessory buildings and uses including recreational activities are included in the term.

k. Utilities. To provide for a diverse range of basic governmental facilities including equipment storage and repair facilities (central shops), transit garages and terminals, sewage and water treatment centers, water reservoir, stormwater retention areas, parking garages, gravel pits and similar uses.

1. Accessory uses are permitted if it is determined by the director of planning and economic development that the use is clearly a use which is customarily incidental and subordinate to the main use and if the following criteria are met:

a. The use is intended to service employees or patrons of the primary public service.

b. There is no sign or outside advertising of the use.

c. The use is located within the confines of the building which houses the primary service or is located to the interior of the site so that it is not situated to attract persons from off site.

2. Wireless communication facilities may only be allowed under the provisions of Chapter 20.13 BMC pertaining to the location of these facilities in public zones.

1. Conditional uses are allowed and are not specifically limited except by criteria in BMC 20.16.020(K)(2); however, the burden of proof to meet the criteria shall be upon the applicant.

2. Wireless communication facilities may only be allowed under the provisions of Chapter 20.13 BMC pertaining to the location of these facilities in public zones.

D. Performance Standards. With any new development, the public agency must satisfy the following minimum performance standards.

a. All buildings or structures shall be located no closer than 20 feet from any property line abutting or across the street from land designated residential single, residential multi, or planned residential.

b. Parking facilities shall be located no closer than 10 feet from any property line abutting or across the street from any residential designation; provided, however, that a driveway may be permitted within this required yard.

2. Parking. Design and construction of parking facilities containing no less than the number of spaces required for similar privately owned uses shall be provided pursuant to standards set forth in BMC 20.12.010.

a. Signage shall be limited to a size and message to adequately identify the use.

b. If city owned, the sign shall be subject to review by the Bellingham arts commission.

c. Sign size shall not exceed 50 square feet when located within 100 feet of a residential zone.

d. Electronic Message Signs. The following performance standards shall apply to electronic message signs:

(A) Freestanding electronic message signs shall be monument signs only.

(B) Sign height shall not exceed eight feet.

(C) The electronic message sign shall be constructed as an integral part of a permanent sign constructed on the site and shall not exceed 50 percent of the sign area for that sign, or 16 square feet when it is located within 100 feet of a residential zone. “Integral” shall be considered to be incorporated into the framework and architectural design of the freestanding sign.

(A) All wall-mounted signs shall be flush against the side of the building.

(A) Static Image Display Minimum. Electronic message signs which provide changing messages shall not blink or flash or change their message more frequently than once every five seconds.

(B) Maximum Transition Time Between Static Images. Electronic message signs shall transition between static images immediately as to prevent drawn out frame animations which may result in the illusion of motion.

(C) Brightness. All electronic message signs shall come equipped with an automatic dimming photocell device which will automatically adjust the display’s brightness based on preset levels relative to ambient light conditions. All electronic message signs shall operate at brightness levels of no more than 0.3 foot-candles above ambient light levels. All electronic message signs shall also be preset to prevent luminance beyond 5,000 nits during daylight hours and 500 nits at night. Certification of these limits shall be provided by the developer prior to building permit issuance.

(D) Electronic message signs may be used only to advertise activities or services available on the property on which the sign is located, or to present public service information.

(E) Off-Times. When the sign location is within 300 feet of any primary residential building in a residential general use type, the sign shall be equipped with an automatic timer that will shut the sign off between the hours of 10:00 p.m. and 7:00 a.m.

(F) Dispersal Requirements. One electronic message sign shall be permitted on each site or development complex. One additional bonus electronic message sign shall be permitted if the following conditions exist:

(1) The second sign is located along or facing a separate street abutting the site or development complex; and

(2) The second sign is located a minimum of 500 feet from the first permitted electronic message sign on the same site.

(G) No Animation or Video. Electronic message signs shall be used to display one static image for no less than the minimum time period specified herein before moving on to another static image display. Displays shall not appear to flash, undulate, or pulse, or portray explosions, imitate any form of traffic control device, display fireworks, flashes of light, or blinking or chasing lights. Displays shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray graphics, video or animation as it moves onto, is displayed on, or leaves the signboard.

(H) Malfunctioning Sign. In the event that a sign is malfunctioning, the owner of said sign shall turn the sign off until such time that the sign is repaired and functioning correctly in compliance with this section.

4. Landscaping. All yards required in subsection (D)(1) of this section, and storage areas visible from beyond the property line shall be screened as defined within BMC 20.12.030.

1. While use of land shall be limited to that range described in subsection (A) of this section, each agency shall conduct its activities pursuant to its normal guidelines and procedures.

2. If the proposal will consist of an improvement which requires the issuance of a building permit, then the planning director shall certify that the proposal as planned will satisfy the intent and requirements herein contained, as well as any applicable special condition or prerequisite considerations.

3. If the planning director finds that a proposed use is not within the scope of uses as defined within subsection (A) of this section, then no such use shall be allowed unless and until the use qualifier for the subject property is changed to one which permits the activity. This change in use qualifier must follow standard procedures for change of land use classification.

4. User Information. Ordinance 8042 requires that any work of art, design of buildings, bridges, viaducts, elevated ways, gates, fences, lamp standards, signs or other structures erected on or to be erected upon land belonging to the city of Bellingham shall be presented to the Bellingham municipal arts commission for their review and recommendations. [Ord. 2020-09-022 § 3; Ord. 2020-02-002 § 15; Ord. 2013-12-090 § 11; Ord. 2005-12-106; Ord. 1998-07-057; Ord. 10038 § 1, 1990; Ord. 9352 § 5, 1984; Ord. 9024, 1982].