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.
1. Use Qualifier – Range of Use.
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.
B. Accessory 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.
C. Conditional Uses.
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.
1. Minimum Yards.
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.
3. Signs.
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:
i. Freestanding 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.
ii. Wall-Mounted Electronic Message Signs.
(A) All wall-mounted signs shall be flush against the side of the building.
iii. All Electronic Message Signs.
(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.
E. Procedure.
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].