HomeMy WebLinkAboutord2013-040 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-128,B
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator:Samya
Lutz SLKL 06/20/13 July 9,2013 Council /
j44
Division Head:Mark /-„'�1D�I� RECEIVE 'C E U v M E ' y)7/23/13 Hearing
Personius If
Dept.Head:J.E. JUL 1 2013
"Sam”Ryan
WHATCOM COUNTY
Prosecutor: 6 -2‘-/3 COUNCIL
Purchasing/Budget:
Executive:Jack
Louws ,
/t. (.
TITLE OF DO $7'NT:
Agricultural Strategic Plan Implementation(part of PLN2012-00007)—Agricultural Area Amendments
ATTACHMENTS:
Ordinance with Exhibit—proposed Agricultural Area Amendments
SEPA review required? (X) Yes ( ) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO
SEPA review completed? ( X) Yes ( ) NO Requested Date:July 23,2013
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Proposed amendments to portions of the Official Whatcom County Zoning(Title 20) and Subdivision(Title 21)
Ordinances for categorical changes related to the Ag Strategic Plan File. Changes include: Change to Ag
Farmstead Parcel creation, Ag Siting Criteria, and Procedurally treating Ag Parcel Reconfigurations similar to
Boundary Line Adjustments.
COMMITTEE ACTION: COUNCIL ACTION:
7/09/2013: Introduced
7/23/2013: Council Adopted 7-0
Ord. 2013-040
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
RES2011-023 Ord. 2013-040
Please Note: Once adopted and signed,ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
1 PROPOSED BY: PDS
2 SPONSORED BY: Consent
3 INTRODUCTION DATE: 7/9/2013
4
5 ORDINANCE NO. 2013-040
6
7 CODE AMENDMENTS TO ALLOW AGRICULTURAL AREA AMENDMENTS AND
8 RELATED CHANGES AFFECTING THE AGRICULTURE ZONE
9
10 WHEREAS, the Whatcom County Agricultural Advisory Committee
11 developed an Agricultural Strategic Plan adopted by County Council Resolution
12 2011-023; and
13
14 WHEREAS, the Agricultural Strategic Plan includes the recommendation to
15 develop a Parcel Reconfiguration tool in the Agricultural areas; and
16
17 WHEREAS, the Parcel Reconfiguration tool development process resulted in
18 the creation of the Agricultural Area Amendments; and
19
20 WHEREAS, the proposed code amendments have been reviewed under the
21 State Environmental Policy Act (SEPA); and
22
23 WHEREAS, In accordance with RCW 36.70A.106 Whatcom County Planning
24 and Development Services notified the Department of Commerce of the proposed
25 code amendments; and
26
27 WHEREAS, the Whatcom County Planning Commission held two public
28 hearings on the proposed amendments, with notices published in the Bellingham
29 Herald, and considered all testimony; and
30
31 WHEREAS, the Whatcom County Planning Commission held five work
32 sessions on the proposed amendments, and forwarded its findings and reasons for
33 action to the County Council; and
34
35 WHEREAS, the Whatcom County Council has reviewed the Planning
36 Commission recommendation, held five committee work sessions between March
37 and June of 2013, and held a public hearing on the proposed ordinance, with
38 notices published in the Bellingham Herald, and considered all testimony; and
39
40 WHEREAS, the Whatcom County Council hereby adopts the following
41 findings of fact and conclusions:
42
43 FINDINGS
44
45 1. The Whatcom County Agricultural Strategic Plan was developed by the
46 county's Agricultural Advisory Committee made up of farmers and farming
Page 1
1 industry representatives appointed by the Whatcom County Executive and
2 affirmed by the County Council.
3
4 2. The Agricultural Strategic Plan was supported by the County Executive and
5 endorsed by the County Council on July 26, 2011 through Resolution 2011-
6 023.
7
8 3. The Agricultural Strategic Plan built upon previous work within the
9 agricultural community including the Rural Land Study (2007; endorsed
10 through Council Resolution 2009-040), and an examination of the existing
11 potential residential development within the agricultural areas of the county
12 as described in four White Papers delivered to the WA State Office of
13 Farmland Preservation in January 2009 and posted on the county's
14 Agricultural website since that time.
15
16 4. The examination of existing development potential was initiated in 2008
17 through a stakeholder and public process conducted by Whatcom Farm
18 Friends (county contract number 200711051), wherein tools were identified
19 with the goals of both retiring and accommodating existing development
20 potential in ways that benefit agriculture. Tools that retire existing
21 development potential were identified as options to reduce the overall
22 development potential within the agricultural areas, assisting the farming
23 industry by reducing the potential for uses that may conflict with agricultural
24 activities. Accommodation tools were identified as potential options that
25 assist the farming industry through various incentives that neither reduce nor
26 add density to the agricultural areas.
27
28 5. The Agricultural Strategic Plan contains a number of priority tasks, one of
29 which is "Parcel Reconfiguration tool development" which was intended to
30 allow the reconfiguration of parcels within and across ownership, to place the
31 existing development potential in areas that are the least valuable as farm
32 land; accommodating existing development potential in a manner that better
33 fits with the farming operation.
34
35 6. A Project Review Team consisting of County staff, Agricultural Advisory
36 Committee (AAC) representatives, and a Whatcom Farm Friends
37 representative met throughout the process with assistance from BERK
38 Consulting to review objectives and draft documents. Meeting dates were:
39 February 15, April 12, May 10, and July 26, 2012. This team continued to
40 meet without the assistance from BERK Consulting as a subcommittee of the
41 MC.
42
43 7. A Determination of Nonsigificance (DNS) was issued under the State
44 Environmental Policy Act (SEPA) on August 23, 2012.
45
46 8. The preliminary project plan was posted on the county website on March 6,
Page 2
1 2012, updated periodically, with draft alternative code amendments added
2 on March 27, 2012 and subsequently updated.
3
4 9. A Focus Group meeting conducted by BERK Consulting was held on March 5,
5 2012 with nine experts in Whatcom County agricultural land use,
6 development, and financing to brainstorm how parcel reconfiguration could
7 work to allow rearrangements of parcels (within and across ownership) to
8 place the existing development potential in areas that are the least valuable
9 as farmland, in a manner that benefits the County and the landowner and is
10 consistent with other state and local priorities.
11
12 10. A Public Open House concerning the project and draft alternatives was held
13 at Cornwall Church on May 3 at 6:30 PM, with notice posted on the County
14 website and sent to citizen, media and other groups on the County's e-mail
15 list on April 19, 2012.
16
17 11. A document entitled "Situation Assessment: Incentives for Commercial
18 Agriculture: Parcel Reconfiguration" (Situation Assessment) identifying the
19 current conditions, parcel reconfiguration objectives, key issues,
20 recommendations, public process, draft code amendments, and analyzing
21 Growth Management Act and Hearings Board cases and other jurisdictional
22 examples was published on May 31, 2012 by BERK Consulting and posted on
23 the County website on June 8, 2012.
24
25 12. The Situation Assessment contains a list of principles used to help guide the
26 parcel reconfiguration work program:
27 • Increase the long-term viability of agriculture while recognizing underlying
28 economic realities.
29 • Provide more flexibility/incentives for homes, placed with the least impact
30 to agricultural operations.
31 • Reduce potential conflicts with neighbors.
32 • Ensure parcel reconfiguration tools are "density neutral."
33 • Overarching principles should drive the regulations (e.g. equal to or better
34 than...).
35 • Honor and protect property rights and values to help farmers stay in
36 business.
37
38 13. Notice of the subject amendment was submitted to the Washington State
39 Department of Commerce on June 7, 2012.
40
41 14. The Planning Commission held a work session on July 12, 2012 to discuss the
42 Agricultural Strategic Plan, including background information and all priority
43 tasks. Notice was posted on the County website, and was sent to citizen,
44 media and other groups on the County's e-mail list on June 27 and on July 5,
45 2012.
46
Page 3
1 15. A Code Development Technical Workshop open to the public was held on July
2 16, 2012 to further discuss proposed code amendments, with notice posted
3 on the County website and sent to citizen, media and other groups on the
4 County's e-mail list on June 27 and on July 10, 2012.
5
6 16. The Planning Commission held work sessions on August 9, 2012, November
7 15, 2012, January 24, 2013, and February 14, 2013, to discuss the Parcel
8 Reconfiguration tool and draft code amendments. Notice of these meetings
9 was posted on the County website, and was sent to citizen, media and other
10 groups on the County's e-mail list prior to the meetings in accordance with
11 general practices.
12
13 17. A Supplemental Analysis and Recommendations document was published on
14 August 31, 2012 to provide updated information following the publication of
15 the "Situation Assessment: Incentives for Commercial Agriculture: Parcel
16 Reconfiguration" prepared by BERK Consulting. The Supplemental Analysis
17 was posted on the County website on September 20, 2012.
18
19 18. The Planning Commission held a public hearing on the subject amendment
20 on October 25, 2012. Notice of the Planning Commission hearing was sent to
21 the county email list which includes City representatives from Lynden,
22 Ferndale, Everson, Nooksack and Sumas; citizens; media; and other group
23 representatives on October 4, 2012. Notice of the Planning Commission
24 hearing for the subject amendment was posted on the County website on
25 October 17, 2012. Notice of the Planning Commission hearing for the subject
26 amendment was published in the Bellingham Herald on October 12, 2012.
27
28 19. The Planning Commission held a second public hearing on the subject
29 amendment on February 28, 2013. Notice of the Planning Commission
30 hearing was sent to the county email list which includes City representatives
31 from Lynden, Ferndale, Everson, Nooksack and Sumas; citizens; media; and
32 other group representatives on February 20, 2013. Notice of the Planning
33 Commission hearing for the subject amendment was posted on the County
34 website on February 19, 2013. Notice of the Planning Commission hearing for
35 the subject amendment was published in the Bellingham Herald on February
36 17, 2013.
37
38 20. The Whatcom County Council held Committee work sessions on the subject
39 amendment on March 26, April 9, May 7, May 21 and June 18, 2013, and in
40 the process narrowed the scope of the changes, and began referring to them
41 as the Agricultural Area Amendments.
42
43 21. The Whatcom County Council introduced an ordinance with the proposed
44 amendments on July 9, 2013, and held a public hearing on the same on July
45 23, 2013. Notice of the hearing was posted on the county Planning
46 Department - Agricultural program website, and sent to the county email list
Page 4
1 which includes City representatives from Lynden, Ferndale, Everson,
2 Nooksack and Sumas; citizens; media; and other group representatives on
3 June 20, 2013. Notice of the hearing for the subject amendment was
4 published in the Bellingham Herald and posted on the County Council website
5 according to standard Council practices.
6
7 22. In order to approve the amendments, the County must find that they are
8 consistent with the Growth Management Act (GMA). Additionally, the County
9 must find that the amendments are consistent with and implement the
10 Whatcom County Comprehensive Plan.
11
12 23. The GMA (RCW 36.70A.020) lists thirteen planning goals to guide the
13 development and adoption of comprehensive plans and development
14 regulations. The proposed amendments reflect a balance of these planning
15 goals; primarily: (2) Reduce sprawl, (6) Property rights, (7) Permits, (8)
16 Natural resource industries, (10) Environment, and (11) Citizen participation
17 and coordination.
18
19 24. The GMA (RCW 36.70A.030) contains a definition for "agricultural land"
20 meaning "land primarily devoted to the commercial production of
21 horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal
22 products or of berries, grain, hay, straw, turf, seed, Christmas trees not
23 subject to the excise tax imposed by RCW 84.33.100 through 84.33.140,
24 finfish in upland hatcheries, or livestock, and that has long-term commercial
25 significance for agricultural production."
26
27 25. The GMA guides the adoption of development regulations to assure the
28 conservation of designated agricultural, forest, and mineral lands of long-
29 term commercial significance. Both the GMA and Washington Administrative
30 Code (WAC) offer specific guidance:
31
32 • Development regulations must assure the conservation of agricultural
33 lands (RCW 36.70A.060).
34
35 • Natural resource uses have preferred and primary status in designated
36 natural resource lands. Counties and cities must determine if and to what
37 extent other uses will be allowed. If other uses are allowed, counties and
38 cities should consider using innovative land management techniques that
39 minimize land use incompatibilities and most effectively maintain current
40 and future natural resource lands (WAC 365-190-040).
41
42 • Regulations for the conservation of natural resource lands may not
43 prohibit uses legally existing on any parcel prior to their adoption (RCW
44 36.70A.060).
45
Page 5
1 • Development regulations must assure that the planned use of lands
2 adjacent to natural resource lands will not interfere with the continued
3 use, in the accustomed manner and in accordance with best management
4 practices, of these designated lands (RCW 36.70A.060).
5
6 • Counties and cities are encouraged to use a coordinated program that
7 includes non-regulatory programs and incentives to supplement
8 development regulations to conserve natural resource lands (WAC 365-
9 196-480).
10
11 26. The GMA (RCW 36.70A.177) encourages counties to consider use of
12 innovative zoning techniques designed to conserve agricultural lands and
13 encourage the agricultural economy, and requires accessory uses to be
14 limited according to the section.
15
16 27. Consultant attorney review concluded that the GMA provides some flexibility
17 for the County to allow landowners to vary from minimum lot sizes in
18 individual cases, as long as:
19
20 • The County provides appropriate standards with reasonable limits that
21 protect rural character (such as siting criteria that are consistent with the
22 County's definition for "rural character") and that conserve agricultural
23 lands;
24
25 • The County does not allow the overall pattern of lot sizes and densities to
26 be materially changed, to the detriment of rural character or agricultural
27 conservation; and
28
29 • Where appropriate, the County requires compensating areas to be set
30 aside and permanently dedicated to agricultural or open space uses.
31
32 28. Whatcom County Comprehensive Plan Goal 8A is to: Conserve and enhance
33 Whatcom County's agricultural land base for the continued
34 production of food and fiber. Additionally, the following policies are
35 relevant to the proposed amendments:
36
37 Policy 8A-4: Discourage conversion of productive agricultural land to
38 incompatible nonagricultural uses.
39
40 Policy 8A-6: Prioritize agricultural activity in land use decisions when land
41 is composed of prime and/or productive agricultural soils and agriculture
42 is the highest value resource use.
43
44 Policy 8A-7: Establish flexibility in land use plans and regulations to
45 encourage maintenance of the productive agricultural land base.
46
Page 6
1 Policy 8A-12: The Agricultural Advisory Committee shall advise the
2 Whatcom County Executive and Council on agricultural issues and
3 agricultural land use. Whatcom County shall support the Agricultural
4 Advisory Committee with staff and other resources.
5
6 The proposed amendments developed through the recommendations of the
7 County Agricultural Advisory Committee prioritize agricultural activities while
8 providing land owner flexibility and recognizing existing legal lots.
9
10 29. Whatcom County Comprehensive Plan GOAL 8C is to: Preserve and
11 enhance the cultural heritage that is related to agriculture.
12 Additionally, the following policies are relevant to the proposed amendments:
13
14 Policy 8C-1: Find ways for retiring farmers to pass their farms on to their
15 children and for young farmers to be able to afford to buy productive
16 farmland.
17
18 Policy 8C-2: Identify, preserve, and enhance community character,
19 landscape, and buildings associated with agricultural activity.
20
21 Policy 8C-3: Involve those who actually are engaged in agricultural
22 activities in the planning process. Utilize groups working effectively with
23 the agricultural community to help preserve and/or create a sustainable
24 economic agricultural base.
25
26 Policy 8C-4: Support the continuation of owner occupied/family owned
27 farms.
28
29 The proposed amendments respond to public input from farmers, agricultural
30 land owners, and the public by providing opportunities for smaller lot sizes
31 that may be easier to finance for farming purposes while allowing existing
32 residential development potential in a way that is minimally disruptive to the
33 agricultural activities.
34
35 30. Whatcom County Comprehensive Plan GOAL 8D is to: Reduce land use
36 conflicts between Whatcom County's agriculture and non-agricultural
37 landowners. Additionally, the following policies are relevant to the proposed
38 amendments:
39
40 Policy 8D-1: Work to reduce conflicts between incompatible agricultural
41 activities by establishing zoning regulations which protect productive
42 agricultural lands of long-term commercial significance from conversion to
43 non-compatible uses. This zoning should recognize the diversity of
44 agricultural landowners and agricultural land uses. This zoning should
45 provide flexible regulations, which encourage all agricultural landowners
Page 7
1 to maintain the productive agricultural land base while protecting them
2 from conflicting uses.
3
4 Policy 8D-6: Support agricultural activity in mixed farm/rural residential
5 areas, with the understanding that certain farm practices may conflict
6 with other neighboring rural land uses.
7
8 The proposed amendments provide a flexible alternative to larger-lot
9 residential development in a manner that encourages the conservation of the
10 productive agricultural lands.
11
12 CONCLUSIONS
13
14 1. The subject amendments comply with the Growth Management Act.
15
16 2. The subject amendments are consistent with and implement the Whatcom
17 County Comprehensive Plan.
18
19 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
20 Whatcom County Code is hereby amended as shown in Exhibit 1.
21
22 BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or
23 phrase of this ordinance is for any reason held to be invalid or unconstitutional;
24 such decision shall not affect the validity of the remaining portions of this
25 ordinance. The Council hereby declares that it would have passed this code and
26 each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
27 that any one or more sections, subsections, sentences, clauses or phrases has been
28 declared inv i locr!unconstitutional, then the original ordinance or ordinances shall
29 29 be i n fil��f'b?Fecr f t
�t
31 � CEO its rd day of July , 2013_,
32 Nom' '' _rki
33 • :•Q GQVN • WHATCOM COUNTY COUNCIL
34 L lid � - CO' NTY, WASHINGTON
35 36 �,1 ,..`, �� t (��
37 Dan*,)3rown-r $,•p rktit f the Council Kathy Ker hn- , Council Chair
38 39 '''.,11iiiiitii����*``��',;`� WHATCOM .DUN EXECUTIVE
40 APPROVED AS TO,FORM' WHAT • OUN 'v, WASHINGTON
41
42
43
44 Civil ep rosecutor Jack Lo. unt Executive
45 (A) A.proved ) Denied
46 Date Signed: 7/30/i 3
Page 8
July 9, 2013
EXHIBIT 1
CODE AMENDMENTS: AGRICULTURAL AREA
Chapter 20.40 AGRICULTURE (AG) DISTRICT 3
20.40.010 Purpose 3
20.40.250 Division or Modification of Parcels 3
20.40.251 Minimum Lot Size. 5
20.40.252 Minimum lot width and depth. 5
20.40.253 Farmstead or Reconfigured Parcel Minimum Lot Size Exceptions 6
20.40.254 Separation of the Farmstead Parcel Criteria: 6
20.40.255 Consolidation of Adjacent Tracts 8
20.40.256 Establishing Intent... 8
20.40.350 Building setbacks, 9
20.40.450 Lot coverage.
20.40.650 New or Modified Parcel Siting Criteria 9
Chapter 20.80 SUPPLEMENTARY REQUIREMENTS 11
20.80.210 Minimum setbacks. 11
20.80.255 Agriculture District 13
Chapter 20.83 NONCONFORMING USES AND PARCELS 15
20.83.110 Reduction of area. 15
Chapter 21.01 GENERAL PROVISIONS 16
21.01.010 Title. 16
21.01.020 Purpose
16
21.01.030 Authority . 16
21.01.040 Applicability and exemptions. 17
21.01.100 Applications required. 17
Chapter 21.03 EXEMPT LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS 18
21.03.010 Purpose 18
21.03.020 Exemptions. 18
21.03.030 Pre-approval. 18
21.03.040 Certificate of exemption. 18
21.03.045 Required disclosures 19
Prepared by BERK & Whatcom County PDS staff Exhibit 1 - page 1
July 9, 2013
21.03.050 Access on state highways. 19
21.03.060 Boundary line adjustments 19
21.03.070 Inactive applications. 21
21.03.080 Requirements for a fully completed exempt land division application 22
21.03.085 Requirements for a fully completed boundary line adjustment application. 22
21.03.090 Original drawing. 23
Chapter 21.04 SHORT SUBDIVISIONS 24
21.04.010 Purpose 24
21.04.180 Agricultural short plat. 24
Chapter 20.97 DEFINITIONS 26
20.97.132 Farmstead parcel. 26
20.97.133 Farmstead home site. 26
Prepared by BERK & Whatcom County PDS staff Exhibit 1 — page 2
July 9, 2013
Chapter 20.40
AGRICULTURE (AG) DISTRICT
Sections:
20.40.010 Purpose.
20.40.050 Permitted uses.
20.40.100 Accessory uses.
20.40.130 Administrative approval uses.
20.40.150 Conditional uses.
20.40.200 Prohibited uses.
20.40.250 Division or modification of parcels
20.40.350 Building setbacks.
20.40.450 Lot coverage.
20.40.650 New or modified parcel siting criteria.
20.40.651 Landscaping.
20.40.652 Drainage.
20.40.662 Use of natural resources.
20.40.010 Purpose.
The primary purposes of this district are to implement the agricultural designation of the
Comprehensive Plan, established pursuant to RCW 36.70A.170, preserve, enhance and
support the production of food and fiber in Whatcom County, to maintain a sufficiently large
agricultural land base to ensure a viable agriculture industry and to maintain the economic
feasibility of supporting services. Whatcom County supports agricultural activities as the
highest priority use in the Agriculture District, with all other uses being subordinate to
agricultural activities. Whatcom County seeks to minimize conflict with surrounding zoning
districts, in conjunction with Chapter 14.02 WCC, Right to Farm. In order to limit the further
fragmentation of the commercial agricultural land base, the Agriculture District includes
smaller areas of land with poorer quality soils or nonagricultural uses, which do not meet
the definition of agriculture lands of long-term commercial significance.
A secondary purpose of this district is to serve as a holding district when located within the
urban growth area Comprehensive Plan designation to allow agricultural uses in the near
term while protecting the area from suburban sprawl and preserving the potential for future
urban development consistent with the protection of the resource land. (Ord. 2009-071 § 2
(Exh. B), 2009; Ord. 2005-079 § 1, 2005; Ord. 2001-020 § 1 (Exh. 1 § 1), 2001).
20.40.250 Division or Modification of Parcels.
It is the intent of this section to allow divisions which benefit the long-term viability of
agriculture. This section describes the requirements for division or modification of parcels
Prepared by BERK & Whatcom County PDS staff Exhibit 1 - page 3
July 9, 2013
within the agricultural district that either are consistent with the minimum lot size, or would
result in substandard parcels or make existing substandard parcels further substandard.
Requests for land division or boundary line adjustment in the Agriculture District shall be
made on forms provided by the department and will be reviewed administratively. All
divisions must comply with the following provisions:
(1) Agricultural Divisions. All divisions of land in the Agriculture District shall proceed in
accordance with the local and state subdivision laws.
(2) Allowable Density. No division or boundary line adjustment shall result in an increase
in allowable density.
(3) Additional Acreage. Additional acreage gained through a boundary line adjustment
shall not be considered in the total acreage calculations for determining density.
(4) Plat Restrictions. The following plat restriction is required, prior to recording, on the
nonresidential lot of all divisions of land provided for in WCC 20.40.254(2):
No further division or residential structure shall be allowed on this parcel
unless and until changes in the zoning of this property occur consistent with
State and local laws which would result in additional development density, in
which case this restriction shall be null and void, and density and uses of the
new zone shall apply to the property upon review by the Whatcom County
zoning administrator.
(5) Deed Restrictions. Deed restrictions are required for all boundary line adjustments
allowed under WCC 20.40.254(3).
(a) The following language must be recorded separately and placed by reference of
auditors file number on the deed, and placed on the tract map of the
nonresidential portion of the adjusted parent parcels prior to recording:
The development density of the original parcel (parent parcel) remains with
legal description . The (# of acres) appended through
boundary line adjustment to legal description (receiving parcel)
shall not be included in calculations to determine total development density
for the receiving parcel.
(b) The following deed restriction language must be recorded separately and
placed by reference of auditors file number on the deed, and is required when
there is no additional means to further subdivide the property due to the parcel
sizes and density standards of this zone:
No further division or residential structure shall be allowed on this parcel
unless and until changes in the zoning of this property occur consistent with
State and local laws which would result in additional development density, in
which case this restriction shall be null and void, and density and uses of the
new zone shall apply to the property upon review by the Whatcom County
zoning administrator.
Prepared by BERK & Whatcom County PDS staff Exhibit 1 - page 4
July 9, 2013
20.40.251 Minimum Lot Size.
The minimum lot size in the Agriculture District is 40 acres, except as provided for in WCC
20.40.253 and 20.40.254. The creation of a lot less than the minimum size is permitted
only when the subject application meets the standards contained in WCC.20.40.253, .254,
and .650, as applicable.
Parcel Minimum Minimum Lot Size Exceptions
Lot Size
Conventional Parcel 40 acres Reconfiguring existing
nonconforming parcels
Farmstead Parcels Created through Agricultural Short Subdivision or Agricultural
Boundary Line Adjustment
Farmstead Parcel - Parent Parcel 1 acre Up to 3 acres pursuant to WCC
with Existing Farmstead with 20.40.253 (1),(2) & (4)
public water
Farmstead Parcel - 2 acres Up to 3 acres pursuant to WCC
Parcel with Existing Farmstead 20.40.253 (1)-(4)
without public water
Farmstead Parcel - 1 acre Up to 2 acres pursuant to WCC
Parent Parcel without Existing 20.40.253 (1) & (2)
Farmstead with public water
Farmstead Parcel - 2 acres Up to 3 acres pursuant to WCC
Parcel without Existing Farmstead 20.40.253 (1),(2) & (3)
without public water
Parcels Created for Agricultural Purposes Only
Created Parcel with deed 10 acres N/A
restriction for no residential
buildings _ y
20.40.252 Minimum lot width and depth.
(1) For parcels created consistent with the minimum lot size: The minimum length to width
ratio is 1/5. The terms "length" and "width" refer to the average length and average width
of the parcel.
(2) For lots created or rearranged pursuant to WCC 20.40.254, the following lot width and
depth shall apply:
Prepared by BERK & Whatcom County PDS staff Exhibit 1 - page 5
July 9, 2013
Minimum Width at Minimum Width at Bldg.
Minimum Mean Depth
Street Line Line
70' [A] 80' 100'
[A] Applies only to land divisions where the parcel(s) does not contain a farmstead
homesite at the time of the application.
20.40.253 Farmstead Parcel Minimum Lot Size Exceptions
The base maximum for the farmstead parcel shall be consistent with the minimum lots size
in 20.40.251, except as follows:
(1) A greater area is determined necessary by the health officer pursuant to Chapter 24.05
On-Site Sewage System Regulations;
(2) A greater area is determined necessary by the responsible official to accommodate a
driveway or other access necessary for the farmstead parcel;
(3) For farmstead parcels without public water: Unless substantial evidence is provided by
the responsible official indicating the location is not feasible, wells and wellhead protection
zones shall also be located within the farmstead parcel. Wells located outside of the
farmstead parcel area shall be sited to minimize potential impacts on agricultural activities.
(4) For farmstead parcels with existing farmstead homesites: There is an existing
agricultural structure(s) within the farmstead parcel and any of the following criteria are
met:
(a) The separation between the agricultural structure(s) and the primary residential
structure is less than 150 feet; or
(b) Current use of the agricultural structure(s) is not related to an agricultural
activity; or
(c) There is a low potential for future use of the agricultural structure(s) to be
associated with an agricultural activity due to physical condition or compatibility
with agricultural practices; or
(d) Water is not available for use at the agricultural structure(s).
20.40.254 Separation of the Farmstead Parcel Criteria:
(1) The criteria for approval for the farmstead parcel and remainder parcel created through
Agricultural Boundary Line Adjustment or Agricultural Short Subdivision shall be the
following:
(a) The area of the parcel containing the farmstead home site, whether the home
exists or is to be added, is limited to the minimum amount required to
encapsulate structures, parking areas, driveways, septic systems, wells, and
landscaping required setbacks; and
(b) The farmstead parcel size shall be as stated in WCC 20.40.251, unless the
existing residential structure(s) and/or well and septic constraints require a larger
parcel, but shall not exceed the maximum lot size consistent with the exceptions
in WCC 20.40.253; and
Prepared by BERK & Whatcom County PDS staff Exhibit 1 — page 6
July 9, 2013
(c) The farmstead parcel and farmstead home site meet the siting criteria contained
in WCC 20.40.650; and
(d) A remainder parcel shall be created equal to or greater than 10 nominal acres;
and
(e) The remainder parcel shall have no existing residential development and no
development rights, and a condition containing the language as provided in WCC
20.40.250(4) or (5) shall be included on the short plat or boundary line
adjustment for the remainder parcel prior to final approval; and
(f) The applicant and his or her heirs provide right of first purchase for a period of
not less than 60 days through deed restriction to the original purchaser and
subsequent purchasers of the remainder parcel for purchase of the farmstead
parcel before they are offered on the open market; and
(g) A right to farm disclosure statement as provided for in WCC 14.02.040(B) will be
signed by the farmstead parcel owner and subsequent purchasers of the
farmstead parcel, and recorded as per WCC 14.02.040(A)(1) and 14.02.050; and
(h) All land division shall comply with the appropriate map and recording provisions
of WCC Title 21; and
(i) The overall submittal shall comply with WCC 20.40.250 et seq.
(2) Agricultural Short Subdivisions. Agricultural Short subdivisions for the purpose of
reducing the acreage below the minimum lot size as provided by WCC 20.40.251 for a
farmstead homesite shall comply with the following provisions:
(a) The minimum parcel size is the area necessary to accommodate a house site
which meets the applicable dimensional requirements of all applicable code and
provides a remainder (appended) parcel equal to or greater than 10 nominal
acres; and
(b) The short subdivision application shall meet the size and performance standards
of WCC 20.40.650.
(3) Boundary Line Adjustments. Boundary line adjustments for the purpose of reducing
the acreage below the minimum lot size as provided by WCC 20.40.251 of an existing or
proposed farmstead parcel if such boundary line adjustment complies with the following
provisions:
(a) Boundary line adjustments shall not make a lot substandard or further
substandard, except as provided for in WCC 20.40.251.
(b) The minimum parcel size is the area necessary to accommodate a house site
which meets the applicable dimensional requirements of all applicable codes and
provides a remainder (appended) parcel equal to or greater than 10 nominal
acres; and
(c) The farmstead parcel and boundary line adjustment application shall meet the
size and performance standards of WCC 20.40.250 and 251, and the siting
criteria of WCC 20.40.650.
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July 9, 2013
(4) Public Facility. The division is for the purpose of public facilities for health and safety
use or expansion of such uses; provided, that:
(a) The division or boundary line adjustment will not adversely affect the surrounding
agricultural activities; and
(b) The applicant has demonstrated to the administrator's satisfaction that the siting
of the proposed use cannot be located in an adjacent zoning district or alternative
site, if the area is intensively farmed.
(5) Division or Boundary Line Adjustment for Agricultural Purposes Only. Lots
smaller than the minimum lot size of WCC 20.40.251 may be created through land division
or re-arranged through a boundary line adjustment provided the following:
(a) The parent parcel does not contain an existing residence, or said existing
residence will remain on a parcel larger than 40 acres in size; and
(b) The parcel created is greater than 10 acres or is appended to another parcel; and
(c) There is a properly executed deed restriction which runs with the land on lots
which have been created through the division or modified by the boundary line
adjustment, except those lots at or over 40 acres in size that maintain an
associated development density. Such deed restriction shall be substantially
similar to that listed under 20.40.250(5), approved by the zoning administrator
and recorded with the County Auditor specifying:
(i) All land divided or parcels adjusted are to be used exclusively for agricultural
or flood management purposes and specifically not for a dwelling(s), and
(ii) All land divided or parcels adjusted shall have no residential density, and
(iii) For land divisions, the acreage of the newly created parcels shall not be
included in calculations to determine total development density in the future, and
(iv) For boundary line adjustments, the acreage of the newly created parcel and
appended portion shall not be included in calculations to determine total
development density in the future.
20.40.255 Consolidation of Adjacent Tracts.
Consolidation of adjacent tracts in the same ownership shall be required in accordance with
20.83.070 in approval of any subdivision, short subdivision, or boundary line adjustment in
the Agricultural District. The County may waive the permit fee for a boundary line
adjustment where adjacent lots of record are not in the same ownership and are
consolidated voluntarily for purposes of the boundary line adjustment.
20.40.256 Establishing Intent.
The burden of establishing intent in and legal proceeding relating to a transaction
accomplished or proposed under the authority of this section shall be upon the land owner
or purchaser.
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20.40.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback
Requirements). Building setbacks for parcels of less than five nominal acres shall be
administered pursuant to WCC 20.80.250.
20.40.450 Lot coverage.
No structure or combination of structures, including accessory buildings, shall occupy or
cover more than 25 percent of the total area of the subject parcel. Exceptions to the
maximum lot coverage may be allowed when any of the following can be demonstrated:
(1) Proposed structures, in excess of the allowed maximum lot coverage, are located on
lesser quality soils.
(2) Proposed structures in excess of the allowed maximum lot coverage support additional
agricultural production on parcels other than the subject parcel.
(3) Expansion of facilities that were in operation prior to the adoption of the ordinance
codified in this section if it can be demonstrated that substantial on-site investment has
been made and location of additional structures off-site would cause an economic hardship
to the farm operation.
20.40.650 New or Modified Parcel Siting Criteria
The location of vacant farmstead parcels shall be consistent with the following siting criteria
and standards:
(1) Minimum Lot Size. Parcels shall be consistent with WCC 20.40.251.
(2) Parcel Design. Parcels shall be located and arranged to provide the maximum
protection of agricultural land located both on and off-site. Parcel design and development
shall be as follows:
(a) The residential parcels shall be configured so that property lines are immediately
adjacent and physically contiguous to each other; and
(b) Residential parcels shall be located as close as possible to existing public roads,
or if none abut the property then to existing access roads. New road or driveway
development shall be avoided to the maximum extent feasible; and
(c) Except for parcels that recognize existing farmsteads, residential parcels shall be
located to the extent feasible to maximize the remainder lot configuration and
farmable area; and
(d) Except for reconfigured parcels that recognize existing farmsteads, each
reconfigured parcel shall be limited to one single family residence and residential
accessory structures; and
(e) Residential building sites shall maintain sufficient separation from on-site and off-
site agricultural resources and exterior property lines. The setback, lot coverage,
and height standards for reconfigured lots shall be as established in WCC
20.40.350 to 450; and
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(f) Applicants shall verify that reconfigured parcels or farmstead parcels do not
prohibit access to a point of withdrawal for any irrigation water rights certificates,
claims, permits, or applications on the affected parcels; and
(g) All development shall be consistent with WCC Chapter 16.16; and
(h) The farmstead parcel avoids prime soils to the extent feasible. Where the site is
predominantly in prime soils and such cannot be avoided, the applicant shall
demonstrate that:
(i) the parcel is sized to be as small as feasible pursuant to WCC 20.40.251; and
(ii) located to maximize the agricultural use of the remainder lot; and
(iii) achieve the most suitable locations for parcels in terms of minimizing roads,
allowing for water availability, and septic suitability.
(3) Substitute Parcel Design Standards. Applicants proposing a farmstead parcel may
propose a substitute performance standard in place of a listed standard in .650 (New or
Modified Parcel Siting Criteria) provided that the applicant submits a written justification
demonstrating the substitute standard better or equally meets the purposes of the zone in
WCC 20.40.010 and the following agricultural-related purposes:
(A) Expand the amount of commercially viable resource land under contiguous
single ownership; and/or
(B) Protect and buffer designated resource lands; and/or
(C) Reduce impervious surfaces, such as by reducing the amount of road and
utility construction required to serve the farmstead homesite, or by
reducing the amount of impervious area for nonagricultural uses that
could otherwise occur without the ag division; and/or
(D)Reduce the total number of lots of record through voluntary consolidation;
and/or
(E) Produce a farm management plan approved through the Whatcom
Conservation District or WA Department of Agriculture that demonstrates
increased viability of the agricultural operation through the ag division;
and/or
(F) Enable improved floodplain management in cooperation with Whatcom
County Public Works
Such substitution shall be considered at the Administrator's discretion.
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Chapter 20.80
SUPPLEMENTARY REQUIREMENTS
Sections:
20.80.210 Minimum setbacks.
20.80.230 Measurement of setbacks.
20.80.250 Special setbacks provisions by district.
20.80.252 Rural District.
20.80.255 Agriculture District.
20.80.258 All districts.
20.80.210 Minimum setbacks.
(5) Setbacks. For the purposes of this chapter, the road classification used to determine
setback requirements shall be as set forth in this section. In the event a particular road is
not listed in this section, the department of public works shall determine the classification,
which classification shall be based on the Whatcom County Development Standards or such
other local, state or federal roadway standards as the department of public works deems
appropriate.
(a) Setback Requirements of All Districts.
(i) No manure lagoon or other open pit storage shall be located closer than 150
feet from any property line, or in a manner which creates any likelihood of ground
water pollution or other health hazard.
(ii) All manure storage shall be protected from a 25-year flood and shall be
located 50 feet from irrigation ditches and waterways, 50 feet from the ordinary
high water line of any lake or waterway; provided, that best management
practices as determined by the Whatcom County Conservation District are in
place. If the best management practices are not in place, 300 feet shall be
substituted for 50 feet.
(iii) In all districts where a single-family residence is a primary permitted use, a
building permit may be issued for the construction of a replacement dwelling on
the same lot; provided, that the owner agrees by filing a statement with the
building official that the old dwelling will be demolished, removed or converted to
another permitted use upon completion of the new dwelling.
(iv) A 10-foot setback from the international border between Canada and the
United States shall be maintained as an open space vista. The 10-foot setback
area may be used for landscaping, agriculture, and natural vegetation. Structures
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may only be built within the 10-foot setback area after approval from the
International Boundary Commission.
(b) Setbacks Table.
***
Resource Lands Setbacks
Agricultural (AG)
Road Type Other
Commercial, Collector Minor Local Neighborhood Minor Side Rear
Industrial, I- Arterials or Collectors Access Collector Access Yard Yard
5, State Hwys, Major Streets Streets
Principal & Collectors
Minor
Arterials
50' 50' 50' 50' 50' 50' 20' 20'
1. The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning
administrator finds the new building or addition is located along the same building line(s) of existing
structures and will result in no additional encroachment and the public interest, safety and health are
protected; provided, that for a new building the applicant shall also demonstrate that the proposed
location is necessary for the economic viability and the continued operation of the agricultural use.
2. The minimum separation between new residences not located on the same property and farm uses
such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or
feed shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas used to contain,
house or feed animals or store manure or feed shall be situated at least 150 feet from existing
residences not located on the same property. Expansion of existing facilities within the 150-foot buffer,
providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this
section's requirements.
3. Parcels of less than five nominal acres shall have the following minimum setbacks:
Front yards:
- Primary arterials and secondary arterials: 45 feet.
- Collector arterials: 35 feet.
- Neighborhood collectors, local access streets: 25 feet.
- Minor access streets: 20 feet.
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Minimum front yard requirements can be reduced by the zoning administrator for boundary line
adjustments or farmstead parcels established through WCC 20.40.253 - .254 if the proposed placement
of the structures will result in a better fit with critical areas or prime soils and goes through the approval
process in WCC 21.03. In no case shall front yard depth be less than 20 feet.
Side yards: minimum side yard setbacks shall be five feet. For boundary line adjustments or farmstead
parcels established through WCC 20.40.253 - .254, the exterior side yard and exterior rear yard
requirements of habitable structures shall be 30 feet.
Rear yards: minimum rear yard setbacks shall be five feet.
4. A 10-foot setback from the international border between Canada and the United States shall be
maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture,
and natural vegetation. Structures may only be built within the 10-foot setback area after approval from
the International Boundary Commission.
***
20.80.255 Agriculture District.
(1) The 50-foot front yard setback requirement for new buildings or additions may be
waived if the zoning administrator finds the new building or addition is located along the
same building line(s) of existing structures and will result in no additional encroachment,
the public interest, safety and health are protected; provided, that for a new building the
applicant shall also demonstrate that the proposed location is necessary for the economic
viability and the continued operation of the agricultural use.
(2) The minimum separation between new residences not located on the same property and
farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed
animals or store manure or feed, shall be 300 feet. New farm uses such as barns, pens,
milking sheds, or areas used to contain, house or feed animals or store manure or feed,
shall be situated at least 150 feet from existing residences not located on the same
property. Expansion of existing facilities within the 150-foot buffer, providing such
expansion is not closer to a neighbor's residence, and pastures are excluded from this
section's requirements.
(3) Parcels of less than five nominal acres shall have the following minimum setbacks:
Front Yards:
— Primary arterials and secondary arterials: 45 feet.
— Collector arterials: 35 feet.
— Neighborhood collectors, local access streets: 25 feet.
— Minor access streets: 20 feet.
Minimum front yard requirements can be reduced by the zoning administrator for boundary
line adjustments or farmstead parcels established through WCC 20.40.253 - .254 if the
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applicant demonstrates better placement of the structures in relation to critical areas or
prime soils and goes through the approval process in WCC 21.03, but in no case shall be
less than 20 feet.
Side Yards: Minimum side yard setbacks shall be five feet. For boundary line adjustments or
farmstead parcels established through WCC 20.40.253 - .254, the exterior side yard and
exterior rear yard requirements of habitable structures shall be 30 feet.
Rear Yards: Minimum rear yard setbacks shall be five feet. (Ord. 2001-020 § 1 (Exh. 1 § 2),
2001; Ord. 99-080, 1999).
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July 9, 2013
Chapter 20.83
NONCONFORMING USES AND PARCELS
20.83.110 Reduction of area.
The administrator shall not cause or increase the nonconformity of lots that are substandard
as to lot area and/or lot width requirements through boundary line adjustments; provided,
however, that the administrator or hearing examiner may approve boundary line
adjustments required to satisfy an unidentified or disputed property line or to identify the
same in accordance with RCW 58.04.007. In addition, boundary line adjustments in the
Agricultural zone in conformance with WCC 20.40.253-.254 shall be allowed. (Ord. 2009-
031 § 1 (Exh. 1), 2009).
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July 9, 2013
Chapter 21.01
GENERAL PROVISIONS
Sections:
21.01.010 Title.
21.01.020 Purpose.
21.01.030 Authority.
21.01.040 Applicability and exemptions.
21.01.050 Interpretation, conflict and severability.
21.01.060 Enforcement and penalties.
21.01.070 Fees.
21.01.080 Administrative responsibilities.
21.01.090 Pre-application meeting.
21.01.100 Applications required.
21.01.105 Consolidated application process.
21.01.110 Complete application.
21.01.120 Time frames.
21.01.130 Underground utilities.
21.01.140 Regulatory authority for development standards.
21.01.150 Repealed.
21.01.160 City urban growth areas.
21.01.170 Hearing examiner consultation with technical advisory committee.
21.01.010 Title.
This title shall be known and may be cited as the Whatcom County land division regulations.
(Ord. 2009-007 § 1; Ord. 2000-056 § 1).
21.01.020 Purpose.
The purpose of this title is:
(1) To promote the public health, safety, and general welfare, and to protect the natural
resources and the environment.
(2) To provide for proper application of Chapter 58.17 RCW.
(3) To facilitate efficient and cost-effective land division and to ensure orderly growth and
development consistent with the Whatcom County Comprehensive Plan and the Whatcom
County Code.
(4) To establish an orderly transition from existing land uses to urban development patterns
in designated urban growth areas. (Ord. 2009-007 § 1; Ord. 2000-056 § 1).
21.01.030 Authority.
This title is authorized pursuant to the authority delegated to Whatcom County under
Chapter 58.17 RCW, Plats - Subdivisions - Dedications. (Ord. 2009-007 § 1; Ord. 2000-056
§ 1).
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21.01.040 Applicability and exemptions.
(1) This title shall apply to property boundary actions as defined in this title.
(2) The subdivision and short subdivision provisions of this title shall not apply to:
(f) A division made for the purpose of alteration by adjusting boundary lines, between
platted or unplatted lots or both, which does not create any additional lot, tract, parcel,
site, or division nor create any lot, tract, parcel, site, or division which contains
insufficient area and dimension to meet minimum requirements for width and area for a
building site in accordance with the provisions of this title;
(I) Divisions of land into parcels of less than forty acres but greater than ten acres within
the area zoned and designated as Agriculture in the Comprehensive Plan for Whatcom
County proceeding in accordance with 20.40.254(6).
21.01.100 Applications required.
(1) The applicant is encouraged to seek assistance from the subdivision administrator as to
which approvals are required for a particular proposal. One or more of the following
applications may be required for a particular proposal:
(a) Exempt land division;
(b) Boundary line (lot line) adjustment;
(c) Short subdivision;
(d) Preliminary long subdivision;
(e) Final long subdivision;
(f) Subdivision vacations and alterations;
(g) Preliminary binding site plan;
(h) General binding site plan;
(i) Specific binding site plan;
(j) Agricultural short plat. (Ord. 2009-007 § 1; Ord. 2000-056 § 1).
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July 9, 2013
Chapter 21.03
EXEMPT LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS
Sections:
21.03.010 Purpose.
21.03.020 Repealed.
21.03.030 Pre-approval.
21.03.040 Certificate of exemption.
21.03.045 Required disclosures.
21.03.050 Access on state highways.
21.03.060 Boundary line adjustments.
21.03.070 Inactive applications.
21.03.080 Requirements for a fully completed exempt land division application.
21.03.085 Requirements for a fully completed boundary line adjustment application.
21.03.090 Repealed.
21.03.010 Purpose.
The purpose of this chapter is to establish or reference the procedure and requirements for
the application, review and approval of exempt land divisions, pursuant to WCC 21.01.040,
and boundary line adjustments. The procedure is intended to provide orderly and
expeditious processing of such applications. (Ord. 2009-007 § 1; Ord. 2000-056 § 1).
21.03.020 Exemptions.
Repealed by Ord. 2009-007. (Ord. 2004-031 § 1; Ord. 2003-058 Exh. A; Ord. 2003-033
Exh. A; Ord. 2001-027 § 1; Ord. 2000-056 § 1).
21.03.030 Pre-approval.
Applicants may request that their proposed exempt land division be reviewed by the
subdivision administrator and pre-approved using forms supplied by the planning and
development services department. (Ord. 2009-007 § 1; Ord. 2000-056 § 1).
21.03.040 Certificate of exemption.
(1) A certificate of exempt land division shall be obtained from the planning and
development services department for exempt land divisions under WCC 21.01.040(2)(b)
and (k). A certificate of exempt land division shall consist of a suitably inscribed stamp on
the instrument conveying land title and shall be certified prior to the recording of the
instrument with the county auditor. County review and/or a county certificate of exemption
stamp shall not be required for WCC 21.01.040(2)(a) and (c) through (j).
(2) A certificate of exempt land division shall be approved, approved with conditions, or
denied as follows:
(a) Applications shall include information required by WCC 21.03.085.
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(b) The exempt land division results in a lot(s) that qualifies as a valid land use
pursuant to the Whatcom County Code, including but not limited to lot area, lot
width, building setbacks, critical areas protection or shorelines protection.
(c) The exempt land division will not detrimentally affect access, access design, sight
distance, grade, road geometry or other public safety and welfare concerns.
(3) An exempt land division is not considered approved until said instrument has been duly
stamped as exempt and is filed for record concurrently with all applicable disclosures of
WCC 21.03.045 within 12 months of pre-approval. Failure to record within 12 months of
pre-approval means the exempt land division application is expired and must be
resubmitted for review and approval. The time periods of this section do not include the
time during which the exempt land division was not actually pursued due to the pendency of
administrative appeals or legal actions or due to the need to obtain any other government
permits and approvals for the development that authorize the development to proceed,
including all reasonably related administrative or legal actions on any such permits or
approvals. (Ord. 2009-007 § 1; Ord. 2004-031 § 1; Ord. 2002-017 § 1; Ord. 2000-056
§ 1).
21.03.045 Required disclosures.
The following disclosures, if applicable, shall be recorded in the county auditor's office and
shall be filed concurrently with all conveyances of property subject to this title:
(1) Right to farm, right to practice forestry, or mineral resource disclosures.
(2) Boundary discrepancies.
(3) Protective covenants, conditions and restrictions.
(4) Latecomers' agreements.
(5) Significant pipeline in vicinity disclosure when the subject property is within 660 feet of
a pipeline shown on Map 12, Chapter 5 of the Whatcom County Comprehensive Plan. (Ord.
2009-007 § 1; Ord. 2004-031 § 1; Ord. 2002-017 § 1).
21.03.050 Access on state highways.
For parcels that will access onto a state highway, the applicant shall provide evidence of an
approved access from the State Department of Transportation prior to approval of the
exempt land division. (Ord. 2009-007 § 1; Ord. 2000-056 § 1).
21.03.060 Boundary line adjustments.
The purpose of this section is to provide procedures for the review and approval of
adjustments or alterations to boundary lines of existing lots of record which does not create
any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or
division which contains insufficient area and dimension to meet minimum requirements for
width and area for a building site.
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(1) Procedures. Boundary line adjustments shall be approved, approved with conditions, or
denied as follows:
(a) Applications shall include information required by WCC 21.03.085.
(b) Any adjustment of boundary lines must be approved by the subdivision
administrator prior to the transfer of property ownership between adjacent lots.
(c) The subdivision administrator shall make a preliminary decision on boundary line
applications within 45 days following submittal of a complete application or revision,
unless the applicant consents to an extension of such time period.
(d) A title insurance certificate updated not more than 60 days prior to application,
which includes all parcels within the adjustment, must be submitted to the subdivision
administrator with boundary line adjustment applications.
(e) All persons having an ownership interest within the boundary line adjustment shall
sign the final recording document in the presence of a notary public.
(2) Decision Criteria. In reviewing a proposed boundary line adjustment, the subdivision
administrator or hearing examiner shall use the following criteria for approval:
(a) The boundary line adjustment shall not result in the creation of an additional lot.
(b) With the exception of those boundary line adjustments located within the
agricultural zone, the boundary line adjustment shall result in lots which contain
sufficient area and dimensions to meet minimum requirements for width and area for a
building site pursuant to this title.
(c) The boundary line adjustment shall be consistent with any restrictions, depictions
or conditions regarding the overall area in a plat or short plat devoted to open space,
environmental mitigation or conservation.
(d) The boundary line adjustment shall be consistent with any restrictions or
conditions of approval for a recorded plat, short plat, zoning permit, or development
permit.
(e) The boundary line adjustment shall not cause boundary lines to cross on-site
sewage disposal systems or their reserve areas, prevent suitable area for on-site
sewage disposal systems, or prevent adequate access to water supplies unless suitable
mitigation including, but not limited to, the granting of utility easements is provided to
the satisfaction of Whatcom County; provided, however, in the agricultural zone only
those lots with existing on-site sewage disposal systems or potable water supplies are
subject to this provision.
(f) The boundary line adjustment will not create a new access which is unsafe or
detrimental to the existing road system because of sight distance, grade, road
geometry or other safety concerns, as specified in adopted Whatcom County road
development standards.
(g) The boundary line adjustment on lots without an existing farmstead home site
shall demonstrate adequate septic and potable water suitability. Applicants shall
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demonstrate adequate potable water availability per WCC 24.11. Applicants shall
demonstrate septic suitability approval pursuant to WCC 24.05.
(3) Final Approval and Recording Required. To finalize an approved boundary line
adjustment, the applicant must submit to the subdivision administrator within one year of
preliminary approval final review documents meeting the requirements of approval.
(a) All persons having an ownership interest within the boundary line adjustment shall
sign the final recording document in the presence of a notary public.
(b) Certified legal descriptions of the lots after the boundary line adjustment, together
with conveyance document(s) and language clearly binding the property which is
conveyed to the remainder portion of the property, shall be prepared by a title
company or licensed surveyor for all lots affected by the boundary line adjustment.
(c) A title insurance certificate updated not more than 60 days prior to recording of the
adjustment, which includes all parcels within the adjustment, submitted to the
subdivision administrator with boundary line adjustment final review documents.
(d) A final boundary line map, prepared by a licensed surveyor, along with legal
descriptions, shall be prepared and submitted for review and approval. Two map
copies shall be provided for review demonstrating compliance with the preliminary
boundary line adjustment approval.
(e) A boundary line adjustment is not considered approved until the conveyance
documents have been duly stamped as exempt and is filed for record concurrently with
all applicable disclosures of WCC 21.03.045 within 12 months of approval of final
documents. Failure to record within 12 months of approval means the boundary line
adjustment application is expired and must be resubmitted for review and approval.
(Ord. 2009-030 § 1 (Exh. 1); Ord. 2009-007 § 1; Ord. 2000-056 § 1).
21.03.070 Inactive applications.
An applicant may place an exempt land division or boundary line adjustment application,
which has not yet received preliminary approval, on hold for a cumulative maximum of 180
days. This 180-day period shall not include time the applicant is performing studies required
by the county when the study is provided within the time frame agreed to by the county and
the applicant. Applications which fail to meet these time limits will be considered expired
and void. The time periods of this chapter do not include the time during which the exempt
land division was not actually pursued due to the pendency of administrative appeals or
legal actions or due to the need to obtain any other government permits and approvals for
the development that authorize the development to proceed, including all reasonably
related administrative or legal actions on any such permits or approvals. (Ord. 2009-007
§ 1; Ord. 2000-056 § 1).
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21.03.080 Requirements for a fully completed exempt land division application.
The following, and any other information on a form prescribed by the subdivision
administrator, is required for a complete application for exempt land divisions under WCC
21.01.040(2)(b) and (k).
(1) Written Data and Fees.
(a) Name, address and phone number of land owner, applicant, and contact person.
(b) Intended uses.
(c) A current title report or update of title report issued no more than 60 calendar days
prior to application.
(d) Assessor's parcel number (of the parent parcel).
(e) Fees as specified in the Unified Fee Schedule.
(f) Signature of all owners as shown on title report, and authorization for any agent to
act on behalf of owners.
(2) Map Data.
(a) Name of land owner.
(b) Name of proposed land division (if an original drawing is prepared).
(c) General layout of proposed land division.
(d) Common language description of the general location of the land division.
(e) Approximate location and names of existing roads identified as either public or
private.
(f) Vicinity map.
(g) Common engineering map scale/north arrow/sheet numbers (on each sheet
containing a map).
(h) Section, township, range, and municipal and county lines in the vicinity.
(i) General boundaries of the site with general dimensions shown.
(j) Legal description of the land. (Ord. 2009-007 § 1; Ord. 2000-056 § 1).
21.03.085 Requirements for a fully completed boundary line adjustment
application.
The following, and any other information on a form prescribed by the subdivision
administrator, is required for a complete application.
(1) Written Data and Fees.
(a) Name, address and phone number of land owner, applicant, and contact person.
(b) Intended uses.
(c) A current title report or update of title report issued no more than 60 calendar days
prior to application.
(d) Assessor's parcel numbers of existing parcels.
(e) Fees as specified in the Unified Fee Schedule.
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(f) Signature of all owners as shown on title report, and authorization for any agent to
act on behalf of owners.
(2) Map Data.
(a) Names of land owners.
(b) Name of proposed boundary adjustment.
(c) Common language description of the general location of the land division.
(d) Map at a common engineering scale of boundaries of existing parcels that are
contributing to or receiving land from the proposed adjustment.
(e) Approximate location and labeling of any disputed or undetermined property lines
proposing to be resolved by the adjustment.
(f) Clear depiction of property lines proposed for adjustment which identifies existing
property lines and proposed property lines.
(g) Legal description and area of original parcels.
(h) Legal description and area of proposed adjusted parcels.
(i) Approximate location and names of existing roads identified as either public or
private.
(j) Approximate location of existing buildings and existing on-site septic systems.
(k) Approximate locations of existing utilities and infrastructure.
(I) Vicinity map.
(m) Common engineering map scale/north arrow/sheet numbers (on each sheet
containing a map).
(n) Section, township, range, and municipal and county lines in the vicinity.
(o) General boundaries of the site with general dimensions shown. (Ord. 2009-007
§ 1).
21.03.090 Original drawing.
Repealed by Ord. 2009-007. (Ord. 2000-056 § 1).
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Chapter 21.04 SHORT SUBDIVISIONS
Sections:
21.04.010 Purpose.
21.04.031 Pre-application meeting.
21.04.032 Short subdivision application submittal.
21.04.033 Determination of completeness and vesting.
21.04.034 Application procedures.
21.04.035 Final short subdivision review process.
21.04.038 Applications subject to time limits.
21.04.040 Restriction of further division.
21.04.050 Development requirements.
21.04.060 Roads.
21.04.070 Public dedications.
21.04.080 Easements.
21.04.090 Water supply.
21.04.100 Sewage disposal.
21.04.110 Fire protection.
21.04.120 Short subdivision vacation and alteration.
21.04.130 Land survey.
21.04.140 Security.
21.04.150 Requirements for a fully completed application for short subdivisions.
21.04.160 Final review and submittal.
21.04.170 Disclosures and notes.
21.04.180 Agricultural short plat.
21.04.010 Purpose.
The purpose of this chapter is to establish or reference the procedure and requirements for
the application, review and approval of short subdivisions.
21.04.180 Agricultural short plat.
The provisions of WCC 20.40.253 - .254 provide for the segregation of a farmstead parcel
with an existing residence(s) from a remainder parcel used for farming in the Agriculture
Zone. The remainder parcel is restricted to agricultural use only. Because no further
residential development can occur on the remainder parcel and an existing residential
structure is already on the farmstead parcel, many of the standard short plat requirements
are unnecessary. Therefore, a shortened review process has been established.
Agricultural short plats that qualify under WCC 20.40.253 - .254 shall be subject to the
following:
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(1) Agricultural short plats that recognize an existing farmstead homesite shall be
processed pursuant to all the requirements of this chapter except that the short plat
will not be reviewed for compliance with:
(a) WCC 21.04.060 (Roads);
(b) WCC 21.04.090 (Water supply), when the remainder parcel will not require
potable water;
(c) WCC 21.04.100 (Sewage disposal);
(d) WCC 21.04.130 (Land survey);
(e) Chapter 16.16 WCC (Critical Areas); and
(f) Shoreline master program.
(2) Any subsequent development must comply with all applicable codes.
(3) Survey Requirements - Partial. A survey, prepared by a professional land survey in
accordance with WCC 21.09.010 and 21.09.020, which provides the location of at least
two corners of the farmstead parcel shall be submitted. A survey is not required for
the remainder parcel that cannot have further residential development.
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July 9, 2013
Chapter 20.97 DEFINITIONS
Zoning Definitions
20.97.132 Farmstead parcel.
The "farmstead parcel" is the legally subdivided portion of the parent parcel containing an
existing or planned farmstead home site. (Ord. 2005-073 § 1, 2005; Ord. 2001-020 § 1
(Exh. 1 § 3), 2001).
20.97.133 Farmstead home site.
The "farmstead home site" includes that portion of the parent parcel used for existing or
planned residential buildings, uses accessory to residential buildings, drainfields, wells,
wellhead protection area(s), established landscaped areas contiguous with the non-
agricultural built area, and structures as allowed in WCC 20.40.253. (Ord. 2005-073 § 1,
2005).
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