Chapter 18.

66 PUBLIC/QUASI-PUBLIC USE ZONE

Sections: 18.66.010 18.66.020 18.66.030 18.66.040 18.66.042 18.66.050 18.66.060 18.66.070 18.66.080

Description and purpose. Permitted primary uses. Permitted accessory uses. Conditional uses. Restricted uses for the Deer Park Municipal Airport. Building site area. Yards. Height limits. Off-street parking and loading.

18.66.010 Description and purpose. The public/quasi-public (P/QP) zone is intended as a zone for governmental and other public/quasi-public uses in accordance with the comprehensive plan of the city. It is further intended that the public/quasi-public zone provide for the unique and special characteristics of the variety of public and quasi-public uses contemplated in order to foster compatibility between uses and to protect the public health, safety, and general welfare of the community. (Ord. 722 127, 1998) 18.66.020 Permitted primary uses. No building, structure, or land shall be used, and no building, structure, or use in the public/quasi-public (P/QP) zone shall be erected, structurally altered, enlarged, or established, except for the following permitted uses: A. Deer Park Municipal Airport subject to the provisions and limitations as follows: 1. Runways, taxiways, connectors, aprons and/or heliports designed for the landing and taking off of aircraft, transfer of passengers and/or cargo, surface access, and other support facilities typically associated with airports. Such other support facilities typically associated with airports include, but are not necessarily limited to, hangars, control towers, communication and maintenance facilities, operations areas, airport fueling facilities, fixed-based operators (FBO) and passenger and cargo terminals (including retail and eating and drinking establishments located within a terminal or FBO building). 2. Other uses with an aeronautical emphasis similar in nature to the municipal airports permitted activities as determined by the city council (the council shall solicit recommendations from the airport board, the planning commission, or other designees prior to making its determination).

B. Government buildings and uses operated by federal, state, county, or municipal government entities, or operated by special purpose districts. C. Libraries. D. Museums. E. Open space/conservation areas. F. Parks, recreational uses including, but not limited to, tennis courts, swimming pools, playfield and other similar uses as determined by the planning commission and city council. G. Public schools. H. Publicly operated recreational camps with or without overnight accommodations. I. Publicly or privately operated public utility uses, structures, or transmission facilities. J. Fairgrounds and rodeo arena facilities. (Ord. 860 2, 2008: Ord. 791 1, 2002; Ord. 722 127, 1998) 18.66.030 Permitted accessory uses. The following accessory uses shall be permitted in the public/quasi-public (P/QP) zone: A. Storage of equipment and/or materials required in connection with the primary use; provided, that such storage observes the following standards: 1. All required yard (setback) areas of the public/quasi-public (P/QP) zone are observed; and 2. Accessory storage is located inside a building or, if located outside a building, such storage is concealed from view from surrounding streets, alleys, and properties by a six-foot-high sight-obscuring fence, or by a landscaped berm of equivalent height which achieves the same screening objective for aesthetic purposes. 3. All outdoor trash, garbage, and refuse containers shall be: a. Located within the screened area of the facility; or b. Screened on all sides from public view and, at a minimum, shall be enclosed on three sides with a six-foot-high concrete block or masonry wall, or a solid fence, with a solid gate for access installed on the fourth side. As an alternative to a fence or wall on the non-access sides, the city may permit one of the

following: planting of a solid evergreen hedge at least six feet in height (such as green arborvitae shrubs); installation of a landscaped berm with the berm being a minimum of six feet in height; or development of a combination landscaped earthen berm topped with a solid evergreen hedge having a combined total minimum height of at least six feet. The solid gate for access shall still apply on the fourth side. B. Short-term recreational vehicle parking. C. Fencing when required due to security concerns shall be permitted to a maximum height of 96 inches, not including barbed or razor wire above the top of fence fabric, along property line in compliance with the clear view triangle as delineated in DPMC 18.94.010. (Ord. 831 9, 2006; Ord. 825 2, 2005; Ord. 722 127, 1998) 18.66.040 Conditional uses. The following uses may be permitted in the public/quasi-public (P/QP) zone, subject to the approval of a conditional use permit in compliance with the conditions and requirements of Chapter 18.80 DPMC: A. Privately operated institutions for educational, philanthropic, or charitable uses. B. Privately operated recreational camps with or without overnight accommodations. C. Solid waste processing and/or reclamation facilities, whether public or private, including landfills, recycling collection/processing facilities, and transfer stations. D. Specific uses at the Deer Park Airport. The following uses may be permitted when the same is situated on municipal property constituting the Deer Park Municipal Airport: 1. Commercial, industrial, manufacturing, agricultural, forestry, and other uses not listed as permitted uses in DPMC 18.66.020, provided they do not create a safety hazard, limit approved airport uses, or otherwise compromise the long range viability of the Deer Park Municipal Airport as an essential public facility within the local region. 2. Temporary housing for emergency response crews, subject to such duration limit and other conditions as may be imposed by the city. E. Uses not otherwise listed amongst permitted or conditional activities, or directly discouraged prohibited under the terms of this chapter, subject to such duration limit and other conditions as may be imposed by the city to ensure that the long range viability of the Deer Park Municipal Airport as an essential public facility is not compromised or diminished in any way. (Ord. 860 3, 2008: Ord. 722 127, 1998)

18.66.042 Restricted uses for the Deer Park Municipal Airport. The following uses are deemed to be incompatible with safe aircraft operations at the Deer Park Municipal Airport, and are not allowed upon municipal airport property: A. Any use that creates or causes interference with the operations of radio or electronic facilities at the airport or with radio or electronic communications between airport and aircraft or aircraft to aircraft. B. Any use or lighting that impairs a pilots ability to distinguish between airport lights and other lights, or that creates glare affecting pilot vision, or that otherwise impairs visibility in the vicinity of the airport. All lighting shall be downward directed and fully shielded. C. Any other uses or activities determined to be incompatible with aviation, aviation safety, or any activity that has a potential or would require a temporary flight restriction (TFR) or interfere with airport traffic patterns and operations, including but not limited to overhead utilities, hazardous material storage and flammable materials storage (except aviation fuel storage). D. Any use, building or structure that emits fly ash, dust, vapor, or other forms of emissions that may conflict with any planned operations of the airport. E. Stockyards, poultry farms, rendering plants, open water lagoons, wetland mitigation banks, or other similar uses that attract hazardous wildlife to the airport. (Some wildlife hazards may be mitigated through use of best management practices for wildlife attractants consistent with Federal Aviation Administration Advisory Circular 150/5200-33A Hazardous Wildlife Attractants on or near Airports.) F. Special use sites that promote concentrations of people, including, but not limited to, schools, hospitals, nursing homes, medical facilities, day care centers, churches and other religious gathering sites, recreational parks and playgrounds, arenas and stadiums, exhibit centers and auditoriums or theaters, amusement parks and fairgrounds, plus other types of special functions that promote a high concentration of people, etc. G. High intensity commercial uses, including, but not limited to, retail shopping centers, large retail stores, etc. H. Residential development short plats, long plats and other land divisions intended for residential usage. (Ord. 860 4, 2008) 18.66.050 Building site area. The required minimum lot area allowed shall be determined by the aggregate area of the buildings, required yards (setbacks), off-street parking and loading spaces, and any other specified lot area requirements applicable to the proposed use. (Ord. 722 127, 1998)

18.66.060 Yards. The following yard (setback) areas shall be observed by all primary, accessory, and conditional uses permitted in the public/quasi-public (P/QP) zone: A. Street Frontage Yard. The minimum setback from any street, fronting or flanking, shall be 25 feet. B. Rear Yard. Rear yards shall have a minimum depth of 10 feet. C. Side Yard. Side yards shall have a minimum depth of five feet. (Ord. 722 127, 1998) 18.66.070 Height limits. No height limit is contemplated for buildings, structures, and uses in the public/quasi-public (P/QP) zone, except for the following circumstances: A. When property in the public/quasi-public (P/QP) zone is located adjacent to any residential zone, with no intervening street or alley, the maximum height of buildings, structures, and uses in the public/quasi-public (P/QP) zone shall not exceed the height allowed in the adjacent residential zone. B. When the property is located on municipal property constituting the Deer Park Municipal Airport, except as otherwise provided in this chapter, no building or structure shall be constructed, altered, or maintained so as to project or otherwise penetrate Federal Aviation Regulations, Title14, Chapter I, Subchapter E, Part 77 Objects Affecting Navigable Airspace. The subject airspace surfaces of said Part 77 are based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach existing or planned for that runway end. The airspace surfaces applicable to the Deer Park Municipal Airport are explained in DPMC 18.72.030, Height restrictions. Where an area is covered by more than one airspace surface limitation, the more restrictive limitation shall prevail. (Ord. 860 5, 2008: Ord. 722 127, 1998) 18.66.080 Off-street parking and loading. Parking and loading standards for uses in the public/quasi-public (P/QP) zone shall conform to the standards of Chapter 18.74 DPMC; provided, that all loading areas and facilities shall be screened from view from adjoining public streets by building design features, fencing, or landscaping pursuant to this chapter and DPMC 18.74.110. A. Where the parking requirements for a use are not specifically defined in Chapter 18.74 DPMC, the parking requirements for such use shall be determined by the community services director, and such determination shall be based upon the requirements for the most comparable use specified therein, or other requirements based upon the best available information concerning the proposed use. (Ord. 722 127, 1998)