HomeMy WebLinkAboutord2013-057strike WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-328
T
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: �� 10/8/2013 Introduction
Gary Davis 6-A n 9/t f/t 3
Division Head:
RECi iiVED 10122/1013 P&D/Council
Mark Personius tai/ 1-is--(3
Dept.Head: G
Sam Ryan i-Z5"/5 OCT 0 1 2013 4
Prosecutor: r/"
Royce Buckingham 7L V ' - t,-i3 WHATCOM COUNTY
Purchasing/Budget: COUNCIL
Executive:
Jack Louws
TITLE OF DO U NT:
Title 20 Update
ATTACHMENTS:
1. Proposed Ordinance, including draft amendments and Findings of Fact and Reasons for Action
2. Staff Report
3. Memorandum from Title 20 Review Advisory Committee
4. Findings of the Planning Commission
SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? (X t) Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO Requested Date
'The Council must hold a hearing if they want to take action that differs from the
Planning Commission's recommendation[WCC 2.160.100(2)].
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public 1
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.)
A proposed ordinance to amend the Whatcom County Code Title 20(Zoning)to correct errors and provide clarification to various
sections throughout Title 20,affecting WCC Chapters 20.13 Wireless Communication Facilities,20.20 Urban Residential District,
20.22 Urban Residential Medium Density District,20.32 Residential Rural District,20.34 Rural Residential Island District,20.35 Eliza
Island District,20.36 Rural District,20.37 Point Roberts Transitional Zone District,20.40 Agriculture District,20.42 Rural Forestry
District,20.44 Recreation and Open Space District,20.59 Rural General Commercial District,20.60 Neighborhood Commercial Center
District,20.61 Small Town Commercial District,20.62 General Commercial District,20.63 Tourist Commercial District,20.64 Resort
Commercial District,20.65 Gateway Industrial District,20.66 Light Impact Industrial District,20.67 General Manufacturing District,
20.68 Heavy Impact Industrial,20.69 Rural Industrial and Manufacturing District,20.70 Airport Operations District,20.71 Water
Resources Protection Overlay District,20.72 Point Roberts Special District,20.73 Mineral Resource Lands Special District,20.78
Transportation Concurrency Management,20.80 Supplementary Requirements,20.83 Nonconforming Uses and Parcels,20.84
Variances,Conditional Uses,Administrative Approval Uses and Appeals,20.85 Planned Unit Development,20.90 Amendments,and
20.97 Definitions.
COMMITTEE ACTION: COUNCIL ACTION:
10/22/2013: Forwarded to Council for approval 10/8/2013: Introduced
10/22/2013: Council Adopted 7-0
Ord. 2013-057
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
PLN2012-00011 Ord. 2013-057
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.
SPONSORED BY: Consent
PROPOSED BY: PDS
INTRODUCTION DATE: 10/22/2013
ORDINANCE NO. 2013-057
ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING, TO
CORRECT ERRORS AND PROVIDE CLARIFICATION
WHEREAS, the Whatcom County Code Title 20 (Zoning) contains passages
that can cause confusion due to unclear wording or outdated references; and
WHEREAS, a citizens advisory committee has assisted Whatcom County
Planning and Development Services staff in identifying and these passages and
developing code amendments to correct them; and
WHEREAS, legal notice requirements have been met; and
WHEREAS, the County Council finds the Zoning Code amendments in the
interest of the public health, safety, and welfare, based on the following findings
and conclusions:
FINDINGS OF FACT:
1. The County Executive appointed a Title 20 Review Advisory Committee to
work with Planning and Development Services staff to correct errors and
eliminate inconsistencies in the County's Zoning Code.
2. The committee and staff met eight times in early 2013 and forwarded a
memorandum to the Executive in July, 2013 outlining its recommendations,
including the proposed amendments.
3. A State Environmental Policy Act (SEPA) determination of non-significance
(DNS) was distributed on August 26, 2013.
4. The proposed amendment was posted on the County website August 22,
2013.
5. Notice that the proposal had been posted on the County website was sent to
citizen, media and other groups on the County's e-mail list August 22, 2013.
6. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on August 1, 2013.
7. Notice of the Planning Commission hearing for the subject amendment was
published in the Bellingham Herald on August 30, 2013.
Title 20 Update Ordinance September 26,2013
8. Notice of the Planning Commission hearing for the subject amendment was
posted on the County's website on August 22, 2013.
9. The Planning Commission held a public hearing on the subject amendment
on September 12, 2013.
10. In order to approve the text amendment, the County must find that is
consistent with the Growth Management Act. Additionally, the County must
find that the zoning amendment is consistent with and implements the
Whatcom County Comprehensive Plan.
CONCLUSIONS
1. The subject zoning amendment complies with the Growth Management Act.
2. The subject zoning amendment is consistent and implements the Whatcom
County Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that:
Section 1. The Whatcom County Official Zoning Code is hereby amended as shown
in Exhibit A.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of
this Ordinance shall not affect or impair the validity of the Ordinance as a whole or
any part thereof other than the part so declared to be invalid.
ADOPT pi 10 r 22nd. day of October 2013.
‘N``‘ -[Y C 0
� • HAT• C, ,,, WHATCOM COUNTY COUNCIL
ATTEeP •.4 _ CQ . [� ` WHATCOM COUNTY, WASHINGTON
• o COUNTY ••
111111164,
Dana Browh-o.: - aunc Clerk Kathy Kershner, Council Chair
••• ••• ti4
APPROVEb a ,p9 Two:` .Approve. () Denied
V Deputy Prosecutor Jack Lou s, .ec tive
Date: 10/23/13
2
EXHIBIT A
Whatcom County Code Title 20 Zoning
Amendments
Chapter 20.13
WIRELESS COMMUNICATIONS FACILITIES
20.13.110 Special exceptions.
When adherence to all development standards of this chapter would result in a
physical barrier which would block signal reception or transmission or prevent effec-
tive communication in all permissible locations, a special exception may be permit-
ted provided criteria outlined below are met. Exceptions do not apply to variations
from the current code as adopted and amended per Whatcom County Code, Title
15, Building & Construction.Uniform Building Codc. A variance pursuant to Chapter ,
20.84 WCC is required for variations from applicable zoning regulations not de-
scribed in this section.
Chapter 20.20
URBAN RESIDENTIAL (UR) DISTRICT
.135 Reserved. One private, noncommercial, recreational vehicle or park model
trailer and one accessory guest RV per lot within pre-existing recreational subdivi-
sions of the Foothills Subarea, as listed in WCC 20.97.337; provided, that the fol-
lowing minimum requirements and standards are met and/or followed:
,(1) All recreational vehicles that remain on the site for more than 14 consecutive
days shall be connected to a permitted on-site sewage system or public sewer.
(2) Maximum length of occupation of a recreational vehicle shall not exceed 120
days per calendar year; provided,, that no accessory guest recreational vehicle shall
stay on the lot for more than 14 consecutive days nor more than 30 days total per
calendar year.
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Title 20 Amendments September 12,2013 Planning Commission Recommendation
(3) All recreational vehicles shall be screened from neighboring properties not using
RVs and from public roads. Such screening may consist of landscaped buffer areas,
suitable native vegetation or a fence.
f4) Lots shall not be leased or rented out on a daily or overnight basis for recrea-
tional use.
() Accessory structures shall be limited to storage, shop, garage, carport and/or
similar personal use only and shall not exceed a total of 200 square feet in floor ar-
ea per lot; provided, that the 200-square foot limitation shall not apply to that por-
tion of a carport covering the RV.
(6) The locations of parked RVs on vacant lots shall observe normal building set-
back standards for a single-family residence.
(7) All recreational vehicles shall be supported by their own wheels or camper
jacks, and not be fastened to accessory structures.
Chapter 20.22
URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT
20.22.656 Driveways.
(1) In the Bellingham Urban Growth Area, the city of Bellingham's design and
development standards and guidelines shall apply (see WCC 20.22.665).
(2) Consistent with WCC 20.80.640, driveway plans shall be reviewed by the
I county engineer or State Department of H-I-ighwa-ysTransportation.
Chapter 20.32
RESIDENTIAL RURAL (RR) DISTRICT
.135 Cottage industries employing no more than two people on-site, other than
family members residing on the premises; provided, that in addition to the criteria
I found in WCC 20.84.220 and 20.97.087089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
1,250 square feet of total floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre; provided, that a smaller par-
cel may be approved by the hearing examiner by conditional use.
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Title 20 Amendments September 12,2013 Planning Commission Recommendation
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed eight square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
20.32.305 Lot clustering. (Adopted by reference in WCCP Chapter 2.)
(1) The purpose of lot clustering is to provide an alternative method of creating
economical building lots with spatially efficient sizes. Clustering is intended to re-
duce development cost and increase energy efficiency and reserve areas of land
which are suitable for agriculture, forestry, or open space.
(2) The clustering option is also intended to help preserve open space and the
character of areas and reduce total impervious surface area thereby reducing runoff
while assuring continued viable undeveloped natural vegetated corridors for wildlife
habitat, protection of watersheds, preservation of wetlands, preservation of aes-
thetic values including view corridors, and preservation of potential trail and recrea-
tion areas.
20.32.310 Design standards. (Adopted by reference in WCCP Chapter 2.)
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
(2) Building lots shall be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints
of the site.
(3) The majority of building sites shall be arranged in a cluster or concentrated pat-
tern to be compatible with physical site features and have no more than two com-
mon encroachments on existing county roads. The arrangement of clustered build-
ing lots is intended to discourage development forms commonly known as linear,
straight-line or highway strip patterns.
(4) Common access to clustered building lots shall be provided by short length
roads or loop roads. In urban growth areas and urban growth area reserves, interi-
or streets shall be designed to allow access to the "reserve tract" for the purpose of
future approved development in urban growth areas and urban growth area re-
serves.
20.32.320 Reserve tract. (Adopted by reference in WCCP Chapter 2.)
For the purposes of this section, "reserve tract" is defined as that portion of a pro-
posed subdivision or short subdivision which is intended for agricultural, forestry, or
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
open space purposes. All "reserve tracts" created through the subdivision process
shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this chapter, the "reserve tract"
may be retained by the subdivider, conveyed to residents of the subdivision or con-
veyed to a third party.
(2) The "reserve tract" may be considered as a building lot; provided, that such lot
is included in the overall density calculation of the original parcel of record and that
development within a "reserve area" easement is consistent with the uses permit-
ted in reserve areas in this chapter.
(3) The "reserve tract" may be further subdivided only through the long subdivision
process and only under the following circumstances:
(a) The county finds that in developing adjacent tracts it would help to further the
objectives listed in WCC 20.32.305(2) by dividing the reserve tract and increasing
the area of reserve proportionately on the adjacent land being subdivided so that
there is no net reduction in reserve area; and when the reserve tract is owned by
the original developer or a third party, no property owner within the original subdi-
vision will be significantly adversely affected or suffer a substantial decrease of
property value as a result of dividing the reserve tract.
(b) When the Comprehensive Plan and zoning have been updated as part of the
normal process (other than a revision initiated by the private sector or done for a
specific area) and the public process has been gone through, subject to findings
that there is no adverse impact to critical areas and development is in compliance
with rural land use Comprehensive Plan policies, and when the reserve tract is
owned by the original developer or a third party, no property owner within the orig-
inal subdivision will be significantly adversely affected or suffer a substantial de-
crease of property value as a result of dividing the reserve tract.
(4) The purpose of the reserve tract as stated in subsections (1), (2) and (3) of this
section shall be communicated in writing on the face of the plat or short plat. The
number of developable building sites remaining (if any) with the original parcel of
record, based on the assigned density, shall also be prominently displayed on the
plat or short plat. Whatcom County shall make every effort to assist all agents in
communicating clearly such information to all purchasers and prospective purchas-
ers of building lots or "reserve tracts." Any remaining density beyond the number
of lots created on the plat may be assigned to either the lots or the reserve tract,
but future subdivision shall not reduce the size of the reserve area below the mini-
mum percentage of the original parent parcel required in WCC 20.32.253.
(5) The above requirements in subsections (2) to (4) of this section shall be rec-
orded as a deed restriction at the time of filing of the final plat or short plat, and
shall constitute an agreement between Whatcom County and the owner of record.
Said deed restriction may be amended by mutual agreement between said parties
after review for consistency and compliance with the Official Whatcom County Zon-
ing Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom Coun-
ty Comprehensive Plan.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
20.32.450 Lot coverage. (Adopted by reference in WCCP Chapter 2.)
No structure or combination of structures shall occupy or cover more than 5,000
square feet or 20 percent, whichever is greater, of the total area, not to exceed
25,000 square feet. Buildings used for livestock or agricultural products shall be ex-
empt from this lot coverage requirement.
20.32.656 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
Chapter 20.34
RURAL RESIDENTIAL-ISLAND (RR-I) DISTRICT
20.34.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.134 Cottage industries employing no more than two people on-site, other than
family members residing on the premises; provided, that in addition to the criteria
found in WCC 20.84.220 and 20.97.984089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
1,250 square feet of total floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre; provided, that a smaller par-
cel may be approved by the hearing examiner by conditional use.
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed eight square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
20.34.305 Lot clustering. (Adopted by reference in WCCP Chapter 2.)
(1) The purpose of lot clustering is to preserve the rural character of Lummi Island
and to provide an alternative method of creating economical building lots with spa-
tially efficient sizes. Clustering is intended to reduce development cost and increase
energy efficiency and reserve areas of land which are suitable for agriculture, for-
estry, or open space in accordance with the adopted zoning density requirements,
as applied to the entire subdivision or short subdivision.
(2) The clustering option is also intended to help preserve open space and reduce
total impervious surface area thereby reducing runoff while assuring continued via-
ble undeveloped natural vegetated corridors for wildlife habitat, protection of wa-
tersheds, preservation of wetlands, preservation of aesthetic values including view
corridors, and preservation of potential trail and recreation areas.
20.34.310 Design standards. (Adopted by reference in WCCP Chapter 2.)
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
(2) Building lots shall be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints
of the site.
(3) The majority of building sites shall be arranged in a cluster or concentrated pat-
tern to be compatible with physical site features, and have no more than two com-
mon encroachments on existing county roads. The arrangement of clustered build-
ing lots is intended to discourage development forms commonly known as linear,
straight-line or highway strip patterns.
(4) Common access to clustered building lots shall be provided by short length
roads or loop roads. In addition, interior streets shall be designed to allow access to
the "reserve tract."
20.34.320 Reserve tract. (Adopted by reference in WCCP Chapter 2.)
For the purposes of this section, "reserve tract" is defined as that portion of a pro-
posed subdivision or short subdivision which is intended for agricultural, forestry, or
open space purposes which does not exceed adopted zoning density requirements,
as applied to the entire subdivision or short subdivision. All "reserve tracts" created
through the subdivision process shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this section, the "reserve tract"
may be retained by the subdivider, conveyed to residents of the subdivision or con-
veyed to a third party.
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Title 20 Amendments September 12,2013 Planning Commission Recommendation
(2) The "reserve tract" may be considered as a building lot; provided, that such lot
is included in the overall density calculation of the original parcel of record and that
development within a "reserve area" easement is consistent with the uses permit-
ted in reserve areas in this chapter.
(3) The reserve tract is created and is unbuildable beyond any building density re-
maining at the time of land division. This is intended to ensure that the reserve
tract open space will remain in the same location adjacent to the clustered lot it
serves.
(4) The purpose of the reserve tract as stated in subsections (1), (2), and (3) of
this section shall be communicated in writing on the face of the plat or short plat;
also, the number of developable building sites remaining (if any) with the original
parcel of record, based on the assigned density, shall also be prominently displayed
on the plat or short plat. Whatcom County shall make every effort to assist all
agents in communicating clearly such information to all purchasers and prospective
purchasers of building lots or "reserve tracts." Any remaining density beyond the
number of lots created on the plat may be assigned to either the lots or the reserve
tract, but future subdivision shall not reduce the size of the reserve area below the
minimum percentage of the original parent parcel required in WCC 20.34.252.
(5) That the above stated requirements in subsections (2), (3), and (4) of this
section shall be recorded as a deed restriction at the time of filing of the final plat
or short plat, and shall constitute an agreement between Whatcom County and the
owner of record. Said deed restriction may be amended by mutual agreement be-
tween said parties after review for consistency and compliance with the official
Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance
and the Whatcom County Comprehensive Plan.
20.34.659 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
Chapter 20.35
ELIZA ISLAND (EI) DISTRICT
20.35.130 Administrative approval uses.
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
.132 Cottage industries employing no more than two people on-site, other than
family members residing on the premises; provided, that in addition to the criteria
found in WCC 20.84.220 and 20.97.0089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
1,250 square feet of total floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre; provided, that a smaller par-
cel may be approved by the hearing examiner by conditional use.
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed four square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
Chapter 20.36
RURAL (R) DISTRICT
20.36.150 Conditional uses.
Items indicated by an "*" are not allowed outside rural communities and short-
term planning areas unless the applicant can demonstrate that there is a need to
locate outside those areas in order to comply with legal requirements or standards;
or that the proposed location is the most efficient place for the proposed use with
respect to providing needed services to the public.
.161 Cottage industries employing no more than four people on-site, other than
family members residing on the premises, conducted in a structure(s) other than
the dwelling unit; provided, that in addition to the criteria found in WCC 20.84.220
and 20.97.08- 089:
(1) The hearing examiner, at his discretion, may place limitations on the square
footage used in an existing or new structure used for a cottage industry and con-
struction of new buildings to house said activity shall not, in any case, exceed 2,500
square feet of total floor area. The total land area used for buildings and outside
storage or uses related to the cottage industry shall not exceed one acre or 25 per-
cent of the site, whichever is less.
(2) In the event materials will be stored outdoors, the hearing examiner shall re-
quire adequate landscaping, screening or other devices in order that the material
will not be visible by surrounding uses or roads.
(3) One nonilluminated freestanding sign, visible from the road, and not exceed-
ing six feet in height, may be permitted. One additional nonilluminated sign may be
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
attached to the building for a maximum total signage of 16 square feet. No portion
of any sign shall extend above the lowest portion of the roof.
(4) In the R-10A zone, where the cottage industry involves production or pro-
cessing of forestry or agricultural related products on parcels larger than 10 acres,
the maximum number of employees outside the family may be increased at the
rate of one additional employee for each additional 10 acres to a maximum of 10
employees outside the family. In the event that the property is reduced in size be-
low the acreage used to qualify for additional employees under this section, the
number of employees shall be proportionately reduced.
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
.170 Bed and breakfast lod sinns.
20.36.305 Lot clustering. (Adopted by reference in WCCP Chapter 2.)
(1) The purpose of lot clustering is to provide an alternative method of creating
economical building lots with spatially efficient sizes. Clustering is intended to re-
duce development cost and increase energy efficiency and reserve areas of land
which are suitable for agriculture, forestry, or open space.
(2) The clustering option is also intended to help preserve open space and the
character of areas and reduce total impervious surface area thereby reducing runoff
while assuring continued viable undeveloped natural vegetated corridors for wildlife
habitat, protection of watersheds, preservation of wetlands, preservation of aes-
thetic values including view corridors, and preservation of potential trail and recrea-
tion areas.
(3) Lot clustering is required for residential developments on parcels 10 acres or
greater when the property is located within an urban growth area reserve.
20.36.310 Design standards. (Adopted by reference in WCCP Chapter 2.)
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
(2) Building lots shall be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints
of the site.
(3) The majority of building sites shall be arranged in a cluster or concentrated pat-
tern to be compatible with physical site features and have no more than two com-
mon encroachments on existing county roads. The arrangement of clustered build-
ing lots is intended to discourage development forms commonly known as linear,
straight-line or highway strip patterns.
9
Title 20 Amendments September 12,2013 Planning Commission Recommendation
(4) Common access to clustered building lots shall be provided by short length
roads or loop roads. In addition, interior streets shall be designed to allow access to
the "reserve tract" for the purpose of future approved development in urban growth
areas and urban growth area reserves.
(5) Where the boundaries of a proposed cluster subdivision includes land in more
than one rural zone designation (R2-A, R-5A and R-10A) the following shall apply:
(a) The total number of units permitted shall be computed by separately cal-
culating the number of lots allowed in each zone district based on the amount of
land area within the district. The number of lots allowed in each district shall be to-
taled to arrive at the total number of lots.
(b) Lot clusters may be distributed or arranged on property(s) covered by the
subdivision such that density from an R-5A or R-10A portion of a subdivision may
be transferred to an adjacent portion of the subdivision with a different rural zoning
designation (R-2A, R-5A or R-10A); provided, the total number of lots for the entire
subdivision does not exceed the number calculated in subsection (5)(a) of this sec-
tion; and provided further, that the lot design is consistent with subsections (1)
through (4) of this section. Density from R-2A portions of the subdivision may not
be transferred to R-5A or R-10A portions of the subdivision.
(6) In order to preserve rural character, no more than 16 residential lots shall be
permitted in one cluster and there shall be at least 500 feet of separation between
any new clusters, except when the cluster subdivision is located on a parcel or con-
tiguous parcels in the same ownership, greater than 20 acres.
20.36.320 Reserve tract. (Adopted by reference in WCCP Chapter 2.)
For the purposes of this section, "reserve tract" is defined as that portion of a pro-
posed subdivision or short subdivision which is intended for agricultural, forestry, or
open space purposes. All "reserve tracts" created through the subdivision process
shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this section, the "reserve tract"
may be retained by the subdivider, conveyed to residents of the subdivision or con-
veyed to a third party.
(2) The "reserve tract" may be considered as a building lot; provided, that such lot
is included in the overall density calculation of the original parcel of record and that
development within a "reserve area" easement is consistent with the uses permit-
ted in reserve areas in this chapter.
(3) The "reserve tract" may be further subdivided only through the long subdivision
process and only under one of the following circumstances:
(a) The county finds that in developing adjacent tracts it would help to further the
objectives listed in WCC 20.36.305(2) by dividing the reserve tract and increasing
the area of reserve proportionately on the adjacent land being subdivided so that
there is no net reduction in reserve area; and when the reserve tract is owned by
10
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
the original developer or a third party, no property owner within the original subdi-
vision will be significantly adversely affected or suffer a substantial decrease of
property value as a result of dividing the reserve tract; or
(b) When the Comprehensive Plan and zoning have been updated as part of the
normal process (other than a revision initiated by the private sector or done for a
specific area) and the public process has been gone through, subject to findings
that there is no adverse impact to critical areas and development is in compliance
with rural land use Comprehensive Plan policies, and when the reserve tract is
owned by the original developer or a third party, no property owner within the orig-
inal subdivision will be significantly adversely affected or suffer a substantial de-
crease of property value as a result of dividing the reserve tract.
(4) The purpose of the reserve tract as stated in subsections (1), (2) and (3) of this
section shall be communicated in writing on the face of the plat or short plat; also,
the number of developable building sites remaining (if any) with the original parcel
of record, based on the assigned density, shall also be prominently displayed on the
plat or short plat. Whatcom County shall make every effort to assist all agents in
communicating clearly such information to all purchasers and prospective purchas-
ers of building lots or "reserve tracts." Any remaining density beyond the number of
lots created on the plat may be assigned to either the lots or the reserve tract, but
future subdivision shall not reduce the size of the reserve area below the minimum
percentage of the original parent parcel required in WCC 20.36.253.
(5) The requirements of subsections (2) to (4) of this section shall be recorded as a
deed restriction at the time of filing of the final plat or short plat, and shall consti-
tute an agreement between Whatcom County and the owner of record. Said deed
restriction may be amended by mutual agreement between said parties after review
for consistency and compliance with the Official Whatcom County Zoning Ordi-
nance, the Whatcom County Subdivision Ordinance and the Whatcom County Com-
prehensive Plan.
20.36.450 Lot coverage. (Adopted by reference in WCCP Chapter 2.)
No structure or combination of structures shall occupy or cover more than 5,000
square feet or 20 percent, whichever is greater, of the total area, not to exceed
25,000 square feet. Buildings used for livestock or agricultural products shall be ex-
empt from this lot coverage requirement.
20.36.656 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
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Title 20 Amendments September 12,2013 Planning Commission Recommendation
Chapter 20.37
POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
20.37.655 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted. No project permit shall be issued prior to meeting the
stormwater requirements of this title and Chapter 2 of the Whatcom County Devel-
opment Standards.
Chapter 20.40
AGRICULTURE (AG) DISTRICT
20.40.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.135 Cottage industries employing no more than two people on-site, other than
family members residing on the premises; provided, that in addition to the criteria
I found in WCC 20.84.220 and 20.97.987089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
2,500 square feet of total floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre.
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed 16 square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
.155 A cottage industry employing no more than four persons on-site, other than
family members residing on the premises, and which may be conducted in struc-
tures other than the dwelling unit; provided, that in addition to the criteria set forth
in WCC 20.84.220 and 20.97.9-87089, the hearing examiner shall find that the cot-
tage industry satisfies the criteria of WCC 20.36.161(1) through (5).
Chapter 20.42
RURAL FORESTRY (RF) DISTRICT
20.42.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.135 Cottage industries employing no more than two people on-site, other than
family members residing on the premises; provided, that in addition to the criteria
found in WCC 20.84.220 and 20.97.087089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
2,500 square feet of total floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre.
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed 16 square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
.164 Cottage industries as defined by WCC 20.97.087089, excluding those al-
lowed in WCC 20.42.135, and which employ not more than four people outside the
family conducted in structure(s) other than the dwelling unit. Such activities will
comply with all other provisions of WCC 20.36.161(1) through (5).
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.44
RECREATION AND OPEN SPACE (ROS) DISTRICT
20.44.652 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.44.653 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
I engineer or State Department of 14a-ysTransportation, as applicable.
Chapter 20.59
RURAL GENERAL COMMERCIAL (RGC) DISTRICT
20.59.100 Accessory uses.
.106 One one-story detached accessory storage building per lot; provided, that
the floor area shall not exceed the exempt criteria stated in the current code as
adopted and amended per Whatcom County Code,Title 15. Building & Construc-
tion.. = - ; - ; ; - - - - - - - •= - - - ;.- - ; -, and shall only be used for
personal storage and not for habitation or business; and provided further, that the
storage building shall contain no indoor plumbing but may be served with electrical
power for lighting.
20.59.600 Buffer area. by_reference in WCCP Chapter 2.)
.601 When a parcel situated within this district adjoins an Agriculture, Rural or
Residential Rural District, or county or state roads designated as or proposed for
improvements to principal arterial status, setbacks from property lines adjoining
these districts shall be increased to 25 feet. Unless adjoining an Agriculture Zoning
District, said area shall be landscaped consistent with the requirements of WCC
20.80.345.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
20.59.704 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.59.705 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of Transportation, as applicable.
•
Chapter 20.60
NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT
20.60.550 Buffer area. (Adopted by reference in WCCP Chapter 2.)
.551 When parcels situated within this district adjoin an Agriculture, Urban Resi-
dential, Urban Residential Medium Density, Rural or Residential Rural District, side
and rear yard setbacks shall be increased to 25 feet along the property line(s) adja-
cent to the named district. Unless adjoining an Agriculture Zoning District, said area
shall be landscaped consistent with the requirements of WCC 20.80.345.
.552 When parcels situated within this district are between an interstate highway
and a Residential Rural or Rural District, the setback on sides adjoining the Resi-
dential Rural or Rural Districts and paralleling the interstate shall be increased to
100 feet. This buffer shall not be altered from existing dense natural vegetation or,
where vegetation is lacking, shall be landscaped so as to provide a dense vegeta-
tive screen.
20.60.655 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.60.656 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of-H-i-g-h-wa-y-sTransportation, as applicable.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.61
SMALL TOWN COMMERCIAL (STC) DISTRICT
20.61.600 Buffer area. (Adopted by reference in WCCP Chapter 2.)
.601 Where parcels situated within this district adjoin an Agriculture, Urban Resi-
dential, Urban Residential Medium Density, Residential Rural or Rural District, side
and rear yard setbacks shall be increased to 25 feet along the property line(s) adja-
cent to the named districts. Unless adjoining an Agriculture Zoning District, said ar-
ea shall be landscaped consistent with the requirements of WCC 20.80.345.
20.61.704 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted. No project permit shall be issued prior to meeting sub-
mittal requirements relating to stormwater management in the appropriate chap-
ters of the Whatcom County Development Standards.
20.61.705 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
I engineer or State Department of H-i-g-hwa-ysTransportation, as applicable.
Chapter 20.62
GENERAL COMMERCIAL (GC) DISTRICT
20.62.654 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of Highwa-ysTransportation, as applicable.
Chapter 20.63
TOURIST COMMERCIAL (TC) DISTRICT
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
20.63.550 Buffer area. (Adopted by reference in WCCP Chapter 2.)
.551 When parcels situated within this district adjoin an Agriculture, Urban Resi-
dential, Urban Residential Medium Density, Rural or Residential Rural District, side
and rear yard setbacks shall be increased to 25 feet along the property line(s) adja-
cent to the named districts. Unless adjoining an Agriculture Zoning District, said ar-
ea shall be landscaped consistent with the requirements of WCC 20.80.345.
20.63.654 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.63.655 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of HighwaysTransportation.
Chapter 20.64
RESORT COMMERCIAL (RC) DISTRICT
20.64.550 Buffer area. (Adopted by reference in WCCP Chapter 2.)
.551 Except for single-family residences, when a parcel situated within this dis-
trict adjoins an Urban Residential, Urban Residential Medium Density, Residential
Rural or Rural District, side and rear yard setbacks shall be increased to 25 feet
along the property line(s) adjacent to the named district. Said area shall be land-
scaped consistent with the requirements of WCC 20.80.345.
20.64.655 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.64.656 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of ysTransportation, as applicable.
Chapter 20.65
GATEWAY INDUSTRIAL (GI) DISTRICT
20.65.400 Height limitations.
Maximum building height shall not exceed 35 feet; except, that an additional foot
in height is allowed for each one-foot increase in setback in the yard adjoining the
interstate highway up to 45 feet in the West Bakerview/I-5 Interchange area of the
Urban Fringe Subarea . - : - : - - - - - - - - - - ' - - - - - - - - -
Blaine Birch Bay Subarea. Height of structures, where applicable, shall also conform
to the general requirements of WCC 20.80.675.
20.65.655 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed and approved
by the county engineer or, where applicable, the State Department of High
way-sTransportation.
Chapter 20.66
LIGHT IMPACT INDUSTRIAL
(LII) DISTRICT
20.66.654 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
I engineer or State Department of y-sTransportation.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.67
GENERAL MANUFACTURING
(GM) DISTRICT
20.67.100 Accessory uses.
.110 One storage building per lot; provided, that the storage building shall not
exceed the exempt criteria stated in the current code as adopted and amended per
Whatcom County Code, Title 15, Building & Construction,adepted-editien- -the-I-n--
tcrnational Building Codc, and shall only be used for personal storage and not for
habitation or business; and provided further, that the storage building shall contain
no indoor plumbing but may be served with electrical power for lighting.
20.67.550 Buffer area. (Adopted by reference in WCCP Chapter 2.)
.551 When a parcel situated within this district adjoins an Agriculture, Urban
Residential, Urban Residential Medium Density, Rural or Residential Rural District,
or county or state roads designated as or proposed for improvements to principal
arterial status, setbacks shall be increased to 25 feet. Unless adjoining an Agricul-
ture Zoning District, said area shall be landscaped consistent with the requirements
of WCC 20.80.345.
.552 If any part of the buffer area is separated from or sold to any contiguous or
adjacent owner, lessee or user, the parcel so separated or sold shall be used only
as a buffer area in accordance with the above requirements.
20.67.653 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.67.654 Driveways.
Pursuant to WCC 20.80.640, driveway plans shall be reviewed by the county en-
gineer or State Department of ysTransportation, as applicable.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.68
HEAVY IMPACT INDUSTRIAL (HII) DISTRICT
20.68.654 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
I engineer or State Department of ysTransportation, as applicable.
Chapter 20.69
RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT
20.69.100 Accessory uses.
.110 One one-story detached accessory storage building per lot; provided, that
the floor area shall not exceed the exempt criteria stated in the currentcode as
adopted and amended per Whatcom County Code., Title 15,_ Building & Construc-
tion,. : . : - - - - - - . - - . : .• = . : -, and shall only be used for
personal storage and not for habitation or business; and provided further, that the
storage building shall contain no indoor plumbing but may be served with electrical
power for lighting.
20.69.550 Buffer area. (Adopted by reference in WCCP Chapter 2.)
.551 When a parcel situated within this district adjoins an Agriculture, Rural or
Residential Rural District, or county or state roads designated as or proposed for
improvements to principal arterial status, setbacks of adjoining area shall be in-
creased to 25 feet. Unless adjoining an Agriculture Zoning District, said area shall
be landscaped consistent with the requirements of WCC 20.80.345.
.552 If any part of said buffer area is separated from or sold to any contiguous
or adjacent owner, lessee or user, the parcel so separated or sold shall be used on-
ly as a buffer area in accordance with the above requirements.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
20.69.655 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm-
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.69.656 Driveways.
Pursuant to WCC 20.80.640, driveway plans shall be reviewed by the county en-
gineer or State Department of -waysTranportation, as applicable.
Chapter 20.70
AIRPORT OPERATIONS (AO) DISTRICT
20.70.654 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of Transportation.
Chapter 20.71
WATER RESOURCE PROTECTION OVERLAY DISTRICT*
Sections:
20.71.010 Purpose.
20.71.020 Application.
20.71.021 Area and applicability.
20.71.050 Permitted uses.
20.71.100 Accessory uses.
20.71.150 Conditional uses.
20.71.200 Prohibited uses.
20.71.300 Open space and impervious surfaces.
20.71.350 Cluster subdivisions.
20.71.351 Cluster design standards.
20.71.352 Open space reserve area.
20.71.400 Building setback/buffer areas.
20.71.600 Development criteria.
20.71.601 Parking space dimensions.
20.71.602 Parking requirements.
20.71.603 Alternative surfacing methods.
20.71.604 Vehicular access.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
20.71.700 Roads, curbs, gutters and sidewalks.
* This chapter is adopted by reference in WCCP Chapter 2. Prior legislation: Ord. 2008-035, which
expired March 20, 2009, was formerly codified in this chapter.
20.71.350 Cluster subdivisions. (Adopted by reference in WCCP Chapter 2.)
The purpose of cluster subdivision is to provide a method of creating building lots
with spatially efficient sizes. Clustering is intended to consolidate development and
associated infrastructure, reduce development costs, and increase infrastructure
efficiency. Clustering is also intended to help preserve open space and the charac-
ter of areas, reduce total impervious surface area, and minimize development ef-
fects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and
resource lands. Preservation of open space is thereby intended to reduce potential
stormwater runoff and associated impacts while assuring protection of viable, un-
developed, and naturally vegetated corridors for wildlife habitat, protection of wa-
tersheds, preservation of critical areas, preservation of aesthetic values including
view corridors, and preservation of trail and/or recreation areas.
20.71.351 Cluster design standards. (Adopted by reference in WCCP Chapter
2.)
The creation of new building lots within Water Resource Protection Overlay Dis-
tricts shall be subject to the following design standards:
(1) Cluster subdivisions shall be required for all land divisions resulting in lots
less than five acres in size, with the exception of boundary line adjustments.
(2) A cluster subdivision shall include a permanent open space reserve area
meeting the criteria established in WCC 20.71.352.
(3) The minimum cluster lot size requirements of the underlying zone district
shall apply.
(4) The maximum number of building lots in a lot cluster shall be 10.
(5) Clusters containing two or more lots of less than one acre within a proposed
development shall be separated by at least 80 feet.
(6) Clustered building lots may only be created through the subdivision, short
subdivision or binding site plan process pursuant to WCC Title 21.
(7) Building lots shall be designed and located to be compatible with, and avoid
disturbance of, critical areas or other valuable or unique natural resources or known
archaeological sites, as well as physical constraints of the site.
(8) Building lots shall be arranged in a cluster/concentrated pattern.
(9) A cluster subdivision shall have no more than two common encroachments
on existing county roads unless site constraints require additional road access. The
arrangement of clustered building lots shall be designed to avoid development
forms commonly known as linear, straight line or highway strip patterns.
(10) As applicable, interior streets shall be designed to allow future vehicular ac-
cess to any portion of the reserve tract which may be divided into future building
lots; provided, that the required permanent open space reserve area, pursuant to
WCC 20.71.352, shall not be further subdivided.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
20.71.352 Open space reserve area. (Adopted by reference in WCCP Chapter
2.)
(1) For purposes of this title, an "open space reserve area" shall be defined as
that portion of a subdivision or short subdivision set aside in accordance with this
chapter, and permanently dedicated for active or passive recreation, critical area
protection, natural resource or archaeological site preservation, wildlife habitat
and/or visual enjoyment, and shall be consistent with the definition of "open space"
pursuant to WCC 20.97.275.
(2) The open space reserve area shall be subject to the following provisions:
(a) The minimum open space reserve area shall be determined by the mini-
mum cluster subdivision reserve area requirements of the underlying zone district.
(b) A permanent open space reserve area shall be protected using one of the
following mechanisms:
(i) Placement in a separate nonbuilding tract owned in common by all lots
within the subdivision; or
(ii) Covered by a protective easement or public or private land trust dedica-
tion which protects at least the minimum required cluster reserve area specified in
the underlying zone district; or
(iii) Preserved through an appropriate permanent protective mechanism
that provides the same level of permanent protection as subsection (2)(b)(i) of this
section as determined by the county zoning administrator or hearing examiner
which applies to at least the minimum required cluster reserve area specified in the
underlying zone district.
(c) The boundaries of the open space portion of the reserve area may be al-
tered only if the county finds that in dedicating adjacent reserve areas it would fur-
ther the objectives listed in WCC 20.71.350 by altering the reserve area and in-
creasing the area of reserve proportionately on the adjacent land being subdivided
so that there is no net reduction in open space reserve area.
(d) The purpose of the open space reserve area as defined in subsection (1) of
this section shall be recorded on the face of the final plat or short plat.
(e) The remaining unused development density and/or impervious surface al-
lowances remaining on the parcel containing the open space reserve area, based on
the gross density of the parent parcel, may be assigned to that portion of the re-
serve tract not subject to the minimum area requirements of subsection (2)(b) of
this section. The density shall be recorded on the face of the final plat or short plat.
The development rights assigned to the reserve tract in accordance with this sub-
section may not be transferred if the pervious surface area associated with the re-
serve tract has been transferred to the other building lots within the subdivision.
(f) The requirements stated in subsections (2)(c) and (d) of this section shall
be recorded as a restriction on the face of the final plat or short plat, and shall con-
stitute an agreement between Whatcom County and the current/future owner(s) of
record that shall run with the land. Said restriction(s) may be amended by mutual
agreement between said parties after review for consistency and compliance with
the official Whatcom County Zoning Ordinance, the Whatcom County Subdivision
Ordinance, and the Whatcom County Comprehensive Plan.
(g) For cluster subdivisions approved after December 7, 1999, that portion of
the reserve tract which is kept in pervious open space may be counted toward per-
vious surface area requirements for the building lots in the subdivision on a prorat-
ed basis.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.72
POINT ROBERTS SPECIAL DISTRICT
20.72.130 Administrative approval uses.
All administrative approval uses in the underlying zone districts are permitted ex-
cept as expressly prohibited or made conditional, or further conditioned by this
chapter. In addition, the following uses are permitted subject to administrative ap-
proval pursuant to WCC 20.84.235:
.135 One private, noncommercial, recreational vehicle or park model trailer and
one accessory guest RV per lot; provided, that the following minimum requirements
and standards are met and/or followed:
(1) All recreational vehicles that remain on the site for more than 14 consecutive
days shall be connected to a permitted on-site sewage system or public sewer.
(2) Maximum length of stay of any recreational vehicle on a lot shall not exceed
120 days per calendar year; provided, that no accessory guest RV shall remain on
the subject lot for more than 14 consecutive days nor more than 30 days total per
calendar year.
(3) All recreational vehicles shall be screened from neighboring properties not
using RVs and from public roads. Such screening may consist of landscaped buffer
areas, native vegetation or a fence.
(4) Lots shall not be leased or rented out on a daily or overnight basis for recrea-
tional use.
(5) Accessory structures are limited to one personal storage building no larger
than 120 200 square feet.
(6) The locations of parked RVs on vacant lots shall observe normal building set-
back standards for a single-family residence.
(7) All recreational vehicles shall be supported by their own wheels or camper
jacks, and not be fastened to accessory structures. Placement of a recreational ve-
hicle on a foundation or removal of the wheels of a recreational vehicle, except for
temporary purposes for repair, is prohibited.
20.72.350 Building setbacks/buffer areas. (Adopted by reference in WCCP
Chapter 2.)
(1) Building setbacks along Tyee Drive and Roosevelt Road are increased to 50
feet and 40 feet respectively. In existing treed areas along Tyee Drive and Roose-
velt Road, a 50-foot/40-foot vegetative buffer comprised of existing trees shall be
maintained for visual or aesthetic purposes except for necessary ingress and egress
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
points. In open areas a 50-foot/40-foot planted buffer shall be developed as part of
the normal landscape requirements for site development.
(2) Within the Small Town Commercial Zone along Gulf Road, commercial, insti-
tutional and mixed use building setbacks shall be reduced to 10 feet. Buildings ori-
ented towards the street edge shall be encouraged and the front of buildings shall
be designated for landscaping and pedestrian traffic.
(3) The provisions of WCC 20.64.353 shall not apply to single-family residences in
the Resort Commercial District at Point Roberts.
20.72.651 Facility design. (Adopted by reference in WCCP Chapter 2.)
(1) All commercial and institutional use structures and appurtenant signs shall
conform to the requirements of the Point Roberts Character Plan.
(2) All commercial and institutional structures shall screen roof-mounted me-
chanical equipment so as not to be visible by surrounding uses or roads.
20.72.653 Tree canopy retention. (Adopted by reference in WCCP Chapter 2.)
In addition to compliance with all other requirements of this title and other titles
of the Whatcom County Code, development activities shall be subject to the follow-
ing provisions:
(1) In the RC, RGC, and STC Districts, existing tree canopy areas (as defined by
the dripline of the tree(s)) may be used to meet all or part of the open space re-
quirements of this title. If existing tree canopy areas do not fully satisfy the mini-
mum open space requirements of the applicable zone district, the remainder of the
required open space shall be subject to the landscaping requirements established in
WCC 20.80.300.
(2) In the RR, TZ and R Districts:
(a) Residential Development.
(i) Lots less than one-half acre may remove 100 percent of the existing tree
canopy on site; provided, that 30 percent of the pre-existing tree canopy shall be
replanted.
(ii) Lots greater than, or equal to, one-half acre shall retain 30 percent of
the existing tree canopy area on a lot. Trees may be removed within areas to be
cleared for purposes of a building site, driveways, parking areas, and areas to be
landscaped, but such areas shall not exceed 5,000 square feet or 70 percent,
whichever is greater, of the total lot area.
(iii) On lots greater than one acre, no more than 50 percent of the existing
tree canopy area shall be removed.
(b) Commercial, institutional and recreational development may use existing
tree canopy areas to meet all or part of the landscaping requirements of this title.
(3) The following criteria shall be used to determine which tree canopy areas are
to be prioritized for retention:
(a) Stands of mature native trees;
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
(b) Trees on sensitive slopes, on lands classified as having landslide hazards,
or high erosion hazards, as defined under the critical areas ordinance;
(c) Trees within critical areas or their associated setback and/or buffer areas
as defined under WCC Title 16 or 23; or
(d) Trees with significant habitat value as identified by a qualified wildlife biol-
ogist or by the technical administrator, per WCC Title 16.
(4) A 200-meter protective buffer of existing trees and vegetation shall be main-
tained around the Heronry.
(5) Buffering which recognizes the need for safety and the unique features of Lily
Point shall be required on the Point. No development shall take place in such areas.
(6) The county shall require that tree canopy areas to be retained are identified
on a site plan and clearly flagged, or delineated, on the site. A tree canopy area re-
tention plan must accompany a project or clearing permit application and be ap-
proved by the technical administrator before clearing activity takes place. The plan
shall contain the following components:
(a) A scaled drawing identifying the following:
(i) North arrow;
(ii) Property boundaries;
(iii) Existing structures;
(iv) Site access;
(v) Tree canopy areas to be removed;
(vi) The outer dripline of tree canopy areas to be retained;
(vii) Critical areas including, but not limited to, slopes, wetlands, and habi-
tat conservation areas;
(viii) Protection measures to be utilized for areas that will be undisturbed;
and
(ix) Areas to be replanted pursuant to subsection (9) of this section;
(b) A planting schedule that indicates the timeframe for replanting of trees as
applicable; and
(c) Provisions for maintenance and monitoring.
(7) Prior to any land clearing activity or development activity, any tree canopy
areas designated for retention shall be delineated by temporary fencing, tape, or
other indicators around the outer dripline of the trees. Temporary fencing, tape, or
other indicators shall be clearly visible and shall be maintained for the duration of
the proposed clearing or development activity. Any tree canopy areas designated
for retention shall be field verified by the technical administrator before clearing ac-
tivities begin. Trees within canopy areas designated for retention shall not be dam-
aged by clearing, excavation, ground surface level changes, soil compaction, or any
other activities that may cause damage of roots or trunks. Machinery, impervious
surfaces, fill and storage of construction materials shall be kept outside of the
dripline of tree canopy areas designated for retention.
(8) Tree canopy areas may be removed when limited to those canopy areas af-
fected under the following circumstances:
(a) Fire prevention methods when supported by the county fire marshal;
(b) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evalua-
tion and determination by a licensed arborist or forester may be required);
(c) Encroachments where the trunk, branches or roots would be, or are, in
contact with main or accessory structures; or
26
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
(d) Where installation and/or maintenance of roads or utilities would unavoid-
ably require removal or cut through the root system.
(9) In the event that tree canopy areas in excess of the applicable threshold
must be removed to facilitate reasonable use of the site, or to eliminate hazard
trees, not less than two replacement trees shall be planted for every tree removed.
Replacement trees shall:
(a) Be of the same, or similar, native species as those trees removed from the
site;
(b) Be planted to re-establish tree clusters where they previously existed, or
to enhance protected tree clusters;
(c) Be planted in locations appropriate to the species' growth habitat and hor-
ticultural requirements; and
(d) Be located away from areas where damage is likely.
(10) If any trees within canopy areas designated for retention are damaged or
destroyed through the fault of the applicant, agent or successor, the applicant, their
agent or successor shall restore the site pursuant to a restoration plan approved by
the county.
(11) The county may require a bond or other security in an amount not to ex-
ceed 125 percent of the merchantable timber to guarantee retention of existing
trees within designated tree canopy areas during construction. In the event of a
dispute between the landowner and the county over the established value, an as-
sessment will be made by a professional forester or arborist whose selection will be
made by mutual agreement between the county and the landowner. The fee for the
services of the professional forester or arborist shall be paid by the landowner or
responsible party. In the event any trees designated to be retained are removed,
the county shall require that sufficient trees be replanted to replace those previous-
ly in existence. In the event that replanting does not occur, the county may en-
force upon any bond posted. Each tree removed or destroyed shall constitute a
separate violation.
20.72.654 Site design/view corridors. (Adopted by reference in WCCP Chapter
2.)
All structures or developments other than a single-family home on an individual lot
shall conform to the requirements of the adopted Point Roberts Character Plan.
Scenic views and open space shall be considered in all developments and the site
plan designed to ensure view access is maximized while maintaining reasonable use
of the development site.
Chapter 20.73
MINERAL RESOURCE LANDS SPECIAL DISTRICT (MRL)
20.73.651 Road access.
27
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
For surface mining operations, access on any public right-of-way shall be paved
in accordance with the county engineering division or State Department of High
ways Transportation Development Standards, as appropriate.
Chapter 20.78
TRANSPORTATION CONCURRENCY MANAGEMENT
20.78.010 Purpose.
The purpose of this chapter is to ensure that adequate transportation facilities are
available or provided concurrent with development, in accordance with the Growth
Management Act (RCW 36.70A.070) : ; - ' - - - _ • e - - -
365 105 835. No development permit shall be issued except in accordance with this
chapter.
Chapter 20.80
SUPPLEMENTARY REQUIREMENTS
20.80.200 Setback requirements.* (Adopted by reference in WCCP Chapter 2.)
20.80.210 Minimum setbacks.
(1) All structures, including accessory structures, shall be placed on their lots in
compliance with the requirements of the setback table (subsection (5)(b) of this
section), except as may otherwise be provided in this title.
(2) Waterfront Lots. Waterfront lots shall comply with the building setback re-
quirements set forth in the Whatcom County Shoreline Management Program. (See
WCC 20.80.220(2).)
(3) Vision Clearance. Notwithstanding any other setback requirements of this ti-
tle, and unless specifically provided otherwise, a clear vision area shall be main-
tained on the corners of all property at the intersection of two streets, a street and
an alley, or a street and a railroad.
(a) A clear vision area shall consist of a triangular area, two sides of which are
lot lines measured from the corner intersection of the street lot lines for a distance
specified in subsection (3)(c) of this section (where the lot has rounded corners, the
distance shall be measured from the intersection of those lot lines extended), and
the third side of which is a line across the corner of the lot joining the nonintersec-
tion ends of the other two sides.
(b) A clear vision area shall contain no planting, fence, wall, obstruction, or
temporary or permanent obstruction exceeding two and one-half feet in height,
28
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
measured from the top of the curb or, where no curb exists, from the established
street center line grade; except that trees exceeding this height may be located in
this area; provided all branches and foliage are removed to a height of 10 feet
above the grade.
(c) The following measurements shall establish clear vision areas:
(i) In a residential zone, the minimum distance shall be 30 feet, or at inter-
sections including an alley, 10 feet;
(ii) In all other zones, the minimum distance shall be 15 feet, or at inter-
sections including an alley, 10 feet, except when the angle of intersection between
a street other than an alley is less than 30 degrees, the distance shall be 25 feet;
(iii) Structures including buildings may be constructed within the clear vi-
sion area; provided, that any portion of the structure within the clear vision area is
more than eight feet above the top of the curb or street center line grade and is
supported by not more than two columns each of which is no more than eight inch-
es in diameter.
(4) Properties which are generally located on the Guide Meridian between Horton
and Kellogg roads, and specifically identified in the Guide Meridian Improvement
Plan, shall be subject to the provisions of said plan. The provisions of said plan shall
supersede this chapter where there is inconsistency.
(5) Setbacks. For the purposes of this chapter, the road classification used to de-
termine 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 de-
termine the classification, which classification shall be based on the Whatcom Coun-
ty 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
may only be built within the 10-foot setback area after approval from the Interna-
tional Boundary Commission.
(b) Setbacks Table.
Commercial Setbacks
General Commercial (GC)
29
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Road Type Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30i1 30' 25' 25' 25' 20' 0' 10'
1. Setbacks for those parcels situated adjacent to Urban Residential, Rural Cluster
Development and Rural Zone Districts shall be administered pursuant to WCC 20.62.550
(Buffer area).
Rural General Commercial (RGC)
Road Type Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30'1 30' 25' 25' 25' 20' 0' 10'
1. Setbacks for those parcels situated adjacent to Agriculture, Urban Residential, Rural
Cluster Development, and Rural Zone Districts shall be administered pursuant to WCC
20.59.600 (Buffer area).
2. Side and rear yard setbacks shall be 10 feet from vacant, adjacent, commercially zoned
properties.
Tourist Commercial (TC)
Road Type Other
Commercial, Collector, Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30i1 30' 25' 25' 25' 20' 0' 10'
Water Resource Protection Overlay
30' I 30' 20' 20' j _ 20' 20' 1 0' 5'
1. Setbacks for those parcels situated adjacent to Agriculture, Urban Residential, Urban
Residential Medium Density, Residential Rural and Rural Zone Districts shall be administered
pursuant to WCC 20.63.550 (Buffer area).
2. Setback requirements for recreational vehicle parks shall be 30 feet for side and rear
yards.
30
Title 20 Amendments September 12,2013 Planning Commission Recommendation
3. Front yard setback requirements for service islands of service stations shall be 25 feet to
the center line of the driveway of the closest service island.
Small Town Commercial (STC)
Road Type Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30i1 30' 25' 25' 25' 20' 0' 10'
1. Commercial uses shall be allowed to reduce front yard setback to 10 feet and the side yard
setback to zero feet where the site and landscape plans promote pedestrian access to the
building.
2. Side and rear yard setbacks shall be 10 feet from vacant, adjacent, commercially zoned
properties.
3. Setbacks for those parcels situated adjacent to Agriculture, Urban Residential, Urban
Residential Medium Density, Residential Rural, and Rural Zone Districts shall be administered
pursuant to WCC 20.61.600 (Buffer area).
Resort Commercial (RC)
Road Type Other
Commercial, Collector Minor Local Neighborh ' Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30' 30' 25' 25' 25' 20' 5'2 5'2
1. Setbacks for those parcels situated adjacent to Urban Residential, Residential Rural and
Rural Zone Districts shall be administered pursuant to WCC 20.64.550 (Buffer area).
2. Setback requirements for multifamily housing, including all condominiums except time
share condominiums and mobile home parks, shall be 20 feet for side and rear yards.
3. Setback requirements for recreational vehicle parks, and resort-oriented hotels and motels
including time share condominiums, shall be 45 feet for front yard and 20 feet for side and
rear yards.
4. Setback requirements for nonresort-oriented hotels and motels and nonhabitation
commercial development shall be zero feet for side yards and 10 feet for rear yards.
5. 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.
Neighborhood Commercial (NC)
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Road Type Other
Commercial, I Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
25' 25' 25' 25' 25' 20' 0' 10'
Water Resource Protection Overlay
30' 1 30' 20' 20' 20' 20' 0' I 10'
1. Neighborhood Commercial District. Setbacks for those parcels situated adjacent to
Agriculture, Urban Residential, Residential Rural and Rural Zone Districts shall be
administered pursuant to WCC 20.60.550 (Buffer area).
1When located adjacent to I-5 these setbacks may be reduced to 25' subject to the screening require-
ments under WCC 20.80.300.
2Roof overhangs or other architectural features shall not project further than 18 inches into the side or
rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no
case will they extend more than one-half the depth of the front yard setback.
Industrial Setbacks
Heavy Impact Industrial (HII)
mm Road Type Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
100' 100' 100' I 100' 100' 30' 30' 30'
1. All setbacks shall be increased by one foot for each foot of building height, excluding tanks
and similar structures, which exceeds 50 feet.
2. The building setbacks of WCC 20.80.210 shall not apply to utility or security structures
such as poles, meters, fences, guard structures and the like, nor to structures relating to
shipment on railroad rights-of-way; provided, that no traffic hazards are created. For
nonindustrial buildings, the zoning administrator may reduce or eliminate side and rear yard
setbacks from side and rear property lines that are adjoining an industrial district; provided,
that all of the following provisions are met:
(i) Screening will be provided to protect adjacent uses from unsightliness or visual
distraction;
(ii) A site plan has been submitted that shows that all structures and improvements,
including roof overhangs, will not cross property boundaries, and a stormwater
management plan has been provided that shows that runoff will be diverted to on-site
drainage facilities;
32
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
(iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a
setback reduction will result in reduced solar access, all parties having an ownership
interest in the property adjacent to the side or rear yards to be reduced stipulate in
writing, on forms provided by the zoning administrator, to the reductions. The zoning
administrator may require a title report to establish the ownership interests in the
ddjdceril properly;
(iv) Adjoining properties will be shielded from light sources;
(v) The use and storage of toxic or hazardous materials or processes will not be located
within what would otherwise be the setback area unless adequate facilities to contain
accidental spills on site consistent with state regulations are provided;
(vi) The reduced setbacks will not interfere with existing sewer, water and other
easements; and
(vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the
reduced setback create a circumstance that does not comply with WCC 20.80.210(3),
Vision Clearance.
3. Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to
WCC 20.68.550 (Buffer area) and Policy 1.05 of the Heavy Impact Industrial designation of
the Cherry Point-Ferndale Subarea Plan.
4. The setback requirements of the Heavy Industrial District shall apply to the storing and
handling of hazardous materials; provided, that if federal and/or state regulations require
different setbacks, the greater setback (county, federal or state) shall be used.
5. The zoning administrator may reduce setbacks for nonindustrial buildings to those of Light
Impact Industrial if the reduced setbacks would not interfere with existing sewer, water and
other easements. A greater reduction in setback requires approval under section (4) of the
Heavy Impact Industrial Zone's setback requirements.
Light Impact Industrial (LII)
Road Type Other
Commercial, 'Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30' 30' 30' 30' 30' 20' 10' 10'
1. All setbacks shall be increased by one foot of building height which exceeds 35 feet.
2. The building setbacks of WCC 20.80.210 shall not apply to utility or security structures
such as poles, meters, fences, guard structures and the like. In addition, the zoning
administrator may reduce side and rear yard setbacks for other structures as provided by
section (4) of the Light Impact Industrial Zone's setback requirements.
3. Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to
WCC 20.66.550 (Buffer area).
4. The zoning administrator may reduce or eliminate side and rear yard setbacks from side
and rear property lines that are adjoining an industrial district; provided, that the
administrator finds that all of the following provisions are met:
33
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
(i) Screening will be provided to protect adjacent uses from unsightliness or visual
distraction;
(ii) A site plan has been submitted that shows that all structures and improvements,
including roof overhangs, will not cross property boundaries, and a stormwater
management plan has been provided that shows that runoff will be diverted to on-site
drainage facilities;
(iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a
setback reduction will result in reduced solar access, all parties having an ownership
interest in the property adjacent to the side or rear yards to be reduced stipulate in
writing, on forms provided by the zoning administrator, to the reductions. The zoning
administrator may require a title report to establish the ownership interests in the
adjacent property;
(iv) Adjoining properties will be shielded from light sources;
(v) The use and storage of toxic or hazardous materials or processes will not be located
within what would otherwise be the setback area unless adequate facilities to contain
accidental spills on site consistent with state regulations are provided;
(vi) The reduced setbacks will not interfere with existing sewer, water and other
easements; and
(vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the
reduced setback create a circumstance that does not comply with WCC 20.80.210(3),
Vision Clearance.
General Manufacturing (GM)
Road Type Other
Commercial, Collector Minor Local Neighborh ' Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s I Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30' 30' 30' 30' i 30' 20' 10' 10'
1. All setbacks shall be increased by one foot for each foot of building height which exceeds
35 feet.
2. The building setbacks of WCC 20.80.210 shall not apply to utility or security structures
such as poles, meters, fences, guard structures and the like.
3. Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to
WCC 20.66.550 (Buffer area).
4. The zoning administrator may reduce or eliminate side and rear yard setbacks from side
and rear property lines that are adjoining an industrial district; provided, that the
administrator finds that all of the following provisions are met:
(i) Screening will be provided to protect adjacent uses from unsightliness or visual
distraction;
(ii) A site plan has been submitted that shows that all structures and improvements,
including roof overhangs, will not cross property boundaries, and a stormwater
management plan has been provided that shows that runoff will be diverted to on-site
drainage facilities;
34
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
(iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a
setback reduction will result in reduced solar access, all parties having an ownership
interest in the property adjacent to the side or rear yards to be reduced stipulate in
writing, on forms provided by the zoning administrator, to the reductions. The zoning
administrator may require a title report to establish the ownership interests in the
adjacent property;
(iv) Adjoining properties will be shielded from light sources;
(v) The use and storage of toxic or hazardous materials or processes will not be located
within what would otherwise be the setback area unless adequate facilities to contain
accidental spills on site consistent with state regulations are provided;
(vi) The reduced setbacks will not interfere with existing sewer, water and other
easements; and
(vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the
reduced setback create a circumstance that does not comply with WCC 20.80.210(3),
Vision Clearance.
5. The zoning administrator may reduce setbacks for nonindustrial buildings to those of Light
Impact Industrial if the reduced setbacks would not interfere with existing sewer, water and
other easements. A greater reduction in setback requires approval under section (4) of the
General Manufacturing Zone's setback requirements.
Gateway Industrial (GI)
Road Type Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector' Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
25' 25' 25' 25' 25' 25' 10' 10'
1. Maximum building height shall not exceed 35 feet; except, that an additional foot in height
is allowed for each one-foot increase in setback in the yard adjoining the interstate highway
up to 45 feet in the West Bakerview/I-5 Interchange area of the Urban Fringe Subarea and up
to 75 feet in the Birch Bay-Lynden Road area of the Blaine-Birch Bay Subarea. Height of
structures, where applicable, shall also conform to the general requirements of WCC
20.80.675.
Airport Operations (AO)
Road Type Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30' 30' 30' 30' 30' 20' 10' 10'
35
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
1. Setbacks for parcels adjoining a nonindustrial district shall be administered pursuant to
WCC 20.70.550 (Buffer area).
2. The zoning administrator may reduce or eliminate side and rear yard setbacks from side
and rear property lines that are adjoining an industrial district; provided, that the
administrator finds that all of the following provisions are met:
(i) Screening will be provided to protect adjacent uses from unsightliness or visual
distraction;
(ii) A site plan has been submitted that shows that all structures and improvements,
including roof overhangs, will not cross property boundaries, and a stormwater
management plan has been provided that shows that runoff will be diverted to on-site
drainage facilities;
(iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a
setback reduction will result in reduced solar access, all parties having an ownership
interest in the property adjacent to the side or rear yards to be reduced stipulate in
writing, on forms provided by the zoning administrator, to the reductions. The zoning
administrator may require a title report to establish the ownership interests in the
adjacent property;
(iv) Adjoining properties will be shielded from light sources;
(v) The use and storage of toxic or hazardous materials or processes will not be located
within what would otherwise be the setback area unless adequate facilities to contain
accidental spills on site consistent with state regulations are provided;
(vi) The reduced setbacks will not interfere with existing sewer, water and other
easements; and
(vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the
reduced setback create a circumstance that does not comply with WCC 20.80.210(3),
Vision Clearance.
Rural Industrial — Manufacturing (RIM)
Road Type Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood I Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30' 30' 30' 30' 30' 20' 10' 10'
1. Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to
WCC 20.67.550 (Buffer area).
Resource Lands Setbacks _
[Agricultural (AG)
Road Type Other
36
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, ,Collector
Principal & s
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.
Side yards: minimum side yard setbacks shall be five 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.
Commercial Forestry (CF)
Road Type Other
Commercial, Collector Minor Local ' Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
45' 35' 25' 25' 25' 20' 100' 100'
Water Resource Protection Overlay
37
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
30' 30' 20' 20' 20' 20' 100' 100'
1. Parcels utilized solely for community centers shall observe the following minimum setback
requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
Rural Forestry (RF)
Road Type Other
Commercial, Collector; Minor Local Neighborh Minor Side Rear
Industrial, I-, Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
45' 35' 25' 25' 25' 20' 20' 20'
Water Resource Protection Overlay
30' 30' 20' 20' 20' 20' 20' 20'
t I
1. Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry Zone
situated adjacent to the Commercial Forestry Zone, except that such parcels whose owners
have filed an agreement with the county auditor as specified in WCC 20.42.651 shall be
subject to the standard setback of the Rural Forestry Zone. Forest industry buildings,
stationary equipment or storage areas excluding scaling stations and watchman's stations
shall not be located within 100 feet of any other zone district.
2. Parcels utilized solely for community centers shall observe the following minimum setback
requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
3. When a permitted residence (WCC 20.42.056) adjoins an existing parcel of 20 acres or
more in size or a parcel that is being cultivated for commercial forestry production, a
minimum building setback of 100 feet shall be established from the common property line.
4. Lummi Island scenic estates setbacks shall be administered under the Rural Residential
Island setback standards.
5. 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.
38
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Rural Residential Setbacks
Rural Residential (RR)
Road Type Other
Commercial, Collector Minor J Local Neighborh Minor Side Rear
Industrial, I- Arterials I Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
45' 35' 25' 25' 25' 20' 5i1,2 511
Water Resource Protection Overlay
30' 1-30' 20' 20' 1 20' 20'7 5' 5'
1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Forestry
Zone District, except that such parcels whose owners have filed an agreement with the
county auditor as specified in WCC 20.32.651 shall be subject to the standard setback in WCC
20.80.210.
2. 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.
1Roof overhangs or other additional features shall not project further than 18 inches into the side or rear
yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will
they extend more than one-half the depth of the front yard setback.
2Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached
dwelling units along the common property line where the dwellings share a common wall.
Rural Residential Island (RR-I)
- I
Road Type Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
25' 25' 25' 20' 5' 5'
1. Residential Rural-Island District. Setbacks shall be increased to 100 feet for those parcels
situated adjacent to the Forestry Zone Districts, except that such parcels whose owners have
filed an agreement with the county auditor as specified in WCC 20.42.651 shall be subject to
the standard setback in WCC 20.80.210.
Point Roberts Transitional Zone (TZ)
Road Type Other
39
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
45' 35' ® 25' _ 25' 20' 50. 5"
No additional standards.
'Roof overhangs or other additional features shall not project further than 18 inches into the side or rear
'yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will
they extend more than one-half the depth of the front yard setback.
2Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached
dwelling units along the common property line where the dwellings share a common wall.
Rural Zoning Setbacks
Rural (R)
Road Type Other
Commercial, Collector r Minor 1 Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
45' I 45' 35' 25' 25' 20' 5i1 5i1
Water Resource Protection Overlay
30' 30' 20' 20' 20' 20' S' I 5'
1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the
Commercial Forestry Zone District, except that such parcels whose owners have filed an
agreement with the county auditor as specified in WCC 20.36.651 shall be subject to the
standard setback in WCC 20.80.210.
2. Lots created after 2001 through the cluster provisions, or lots created through the APO
provisions which will be used for human habitation, shall be set back a minimum of 100 feet
from the property line of any parcel or portion thereof which is designated or used for
agricultural purposes. No structures shall be constructed within 30 feet of exterior, side and
rear property lines, and no structure shall be constructed within 30 feet of an agricultural use.
Subject to any further requirements within Chapter 20.38 WCC, Agriculture Protection
Overlay.
3. 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.
40
Title 20 Amendments September 12,2013 Planning Commission Recommendation
'Roof overhangs or other architectural features shall not project further than 18 inches into the side or
rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no
'case will they extend more than one-half the depth of the front yard setback.
Urban Residential Setbacks
Urban Residential Mixed Use (URMX)
Road Type Other
Commercial, 1 Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets i
Hwys, Collector
Principal & s
Minor
Arterials
45' 35' 25' 10' 10' 10' 5,1 5"
Water Resource Protection Overlay
30' 30' 20' I 20' 20' 20' 5' 5'
1. No specific setback requirements shall apply to a planned concept submitted for technical
committee review. This provision could be used, for example, to allow zero-,lot-line
development.
Urban Residential Medium (URM)
Road Type Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
45' 35' 25' 25' 25' 20' S'1
50.
Water Resource Protection Overlay
30' 30' [ 20' 20' 20' 20' r 5' 5'
1. Setback requirements for mobile home parks shall be 20 feet from the perimeter of the
park for side and rear yards and shall be screened from neighboring uses in accordance with
WCC 20.80.345.
Urban Residential (UR)
Road Type 1 Other
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials -
41
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
45' 35' 25' 25' 25' 20' 5i1,2 5.1
Water Resource Protection Overlay
30' 30' 20' 20' 20' I 20' 5' 5'
1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Forestry
Zone District, except that such parcels which are less than 20,000 square feet in a subdivision
approved prior to January 1, 1987, and whose owners have filed an agreement with the
county auditor as specified in WCC 20.20.651, shall be subject to the standard setback in
WCC 20.80.210.
2. 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.
1Roof overhangs or other architectural features shall not project further than 18 inches into the side or
rear yard setbacks. Such overhangs may extend six feet into the front yard setback; in no case will they
extend more than one-half the depth of the front yard setback.
2Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached
dwelling units along the common property line where the dwellings share a common wall.
Other Zoning Setbacks
Recreation Open Space (ROS)
Road Type Other
Commercial, Collector' Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
100' 100' 50' 50' 50' 50' 50' 50'
1. Parcels utilized solely for community centers shall observe the following minimum setback
requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
2. Shoreline setbacks shall be administered consistent with the Shoreline Management
Program of Whatcom County; provided, that a 25-foot setback is maintained from the
ordinary high water mark of all water bodies and a 50-foot setback is maintained from the
ordinary high water mark of fish spawn streams.
3. 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.
Water Resource Protection Overlay (WRPO)
Road Type I Other
42
Title 20 Amendments September 12,2013 Planning Commission Recommendation
Commercial, Collector Minor Local Neighborh Minor Side Rear
Industrial, I- Arterials Collector Access ood Access Yard Yard
5, State or Major s Streets Collector Streets
Hwys, Collector
Principal & s
Minor
Arterials
30' 30' 20' 20' 20' 20' See See
underlyin underlyin
g g
zoning1'2 zoning1,2
1. No additional standards.
1Roof overhangs or other architectural features shall not project further than 18 inches into the side or
rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no
case will they extend more than one-half the depth of the front yard setback.
2Refer to additional provisions of WCC 20.64.250 or 20.65.400.
20.80.255 Agriculture District. (Adopted by reference in WCCP Chapter 2.)
(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 lo-
cated along the same building line(s) of existing structures and will result in no ad-
ditional encroachment, the public interest, safety and health are protected; provid-
ed, 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 con-
tain, 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 resi-
dence, and pastures are excluded from this section's requirements.
(3) Parcels of less than five nominal acres shall have the following minimum set-
backs:
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.
Side Yards: Minimum side yard setbacks shall be five feet.
Rear Yards: Minimum rear yard setbacks shall be five feet.
43
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
20.80.256 Forestry districts. (Adopted by reference in WCCP Chapter 2.)
(1) Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry
zone situated adjacent to the Commercial Forestry zone, except that such parcels
whose owners have filed an agreement with the county auditor as specified in WCC
20.42.651 shall be subject to the standard setback in WCC 20.80.210. Forest indus-
try buildings, stationary equipment or storage areas excluding scaling stations and
watchman's stations shall not be located within 100 feet of any other zone district.
(2) Parcels utilized solely for community centers shall observe the following min-
imum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25
feet.
(3) Where a parcel, created pursuant to the clustering provision (WCC
20.42.300) or the planned unit development provision (Chapter 20.85 WCC) or
when a permitted residence (WCC 20.42.056), adjoins an existing parcel of 20
acres or more in size or a parcel that is being cultivated for commercial forestry
production, a minimum building setback of 100 feet shall be established from the
common property line.
(4) For parcels of less than five nominal acres, unless the provisions of subsec-
tion (2) of this section are applicable, the zoning setback established by the zoning
district shall be observed. (
20.80.258 All districts. (Adopted by reference in WCCP Chapter 2.)
(1) 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.
(2) All manure storage shall be protected from a 25-year flood; and shall be lo-
cated 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.
20.80.300 Landscaping. (Adopted by reference in WCCP Chapter 2.)
20.80.310 Purpose.
The purpose of this section is to provide minimum landscape development and
buffering requirements in order to maintain and protect property values, enhance
the appearance of development by softening the impact of structures, protect the
aesthetic assets of the community, provide screening between incompatible land
uses, reduce erosion and stormwater runoff, provide pervious surfacing to allow
natural ground water recharge, promote energy conservation and use of solar en-
ergy, reduce heat and air and noise pollution, and promote safety through reduced
glare and reduction of congestion and visual separation of traffic movement. The
landscaping standards in this chapter are minimum requirements.
20.80.315 Scope.
This section shall apply to all permitted and conditional uses except as specifically
listed below. It will apply to mobile home parks and recreational vehicle parks to
44
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
augment the standards found in WCC 20.80.950; in the case of conflicts the more
restrictive regulations shall apply. Remodeling projects representing 50 percent of
the assessed valuation of the structure are also covered by this section, but with
the requirements modified as needed to fit the existing situation. Major conversions
of use such as bed and breakfast establishments from single-family houses if five or
more parking stalls are required are also included.
This section does not apply to:
(1) Farms and accessory uses associated with farming;
(2) Single-family houses and duplexes and their accessory uses when not devel-
oped as part of an overall complex;
(3) Subdivision(s), short subdivision(s) and binding site plans;
(4) Remodels representing less than 50 percent of the assessed valuation of the
structure;
(5) Conversions of uses requiring less than five parking stalls.
20.80.320 Plans.
Prior to the issuance of a building permit a scaled landscape site plan shall be
submitted to and approved by the land use division of planning and development
services consistent with the provisions herein. This plan shall specify species name,
size and location of all proposed plant materials and all existing trees over eight
inches in caliper including those to be removed which shall be indicated. Existing
trees which are part of a cluster of trees need not be individually identified. An irri-
gation plan or specified method of watering and the type and location of all pro-
posed lighting shall also be included. Existing plants or native species which may
need no watering should be so noted. The plan shall specify the treatment of the
soil to protect its structure including method of protecting existing trees to remain
and their root zones. The preferred scale of a plan shall be one inch equals 20 feet;
but other scales may be used if approved by the zoning administrator, adequate
detail can be conveyed and the scales correlate to other required site plans.
20.80.325 Landscaping location and spacing.
All required open space or any areas of the property not committed to a use re-
quiring pervious surface must be landscaped. This may consist of any combination
of trees, lawn, groundcover and shrubs and up to 20 percent of a nonvegetative
decorative pervious material such as washed rock, bricks or paving stones. Howev-
er at least one tree will be required for every 2,000 square feet of open space in-
cluding walkways in addition to screening or planting along the property lines. Nat-
ural habitat other than noxious weeds may also be appropriate. Deciduous trees will
also be required parallel to all public rights-of-way. Small trees will be spaced ap-
proximately 25 feet on center; medium trees, 35 feet on center; and large trees, 45
feet on center. Alternatively, informal clumpings of coniferous or broad-leaved ev-
ergreen trees and/or deciduous trees may be utilized in an amount equivalent to a
row of trees spaced 25 feet on center. Small, medium and large trees, shrubs and
groundcover approved for use in county rights-of-way are listed in the Whatcom
County Development Standards, Chapter 5, Road Standards, Appendix I. Additional
landscaping and screening is required as noted in other sections of this chapter.
45
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
20.80.330 Plant sizes at time of planting.
Evergreen trees shall be a minimum height of five feet with an average height of
six feet above the finished planting bed. Deciduous trees shall be at least one and
one-half inches in caliper measured four feet above ground level. Shrubs shall be at
least 21 inches in height above finished grade. Ground cover shall provide an im-
mediate coverage of at least 50 percent. In cases where they might interfere with
vehicle or pedestrian traffic, deciduous trees should have a clear trunk area of at
least seven feet above the ground.
20.80.335 Plant choices.
All species must be native to the area or recognized as being easily adaptable to
the climate. Trees with weeping or contorted branching structures may be used as
accent planting but should generally not be included as part of a screen planting or
in plantings parallel to property lines. The county may require the applicant to mod-
ify the plant choice to:
(1) Eliminate undesirable species which may conflict with power lines or sewers
because of their growth or evasive root systems;
(2) Provide a desired diversity of species; or
(3) Make the plantings more in scale and compatible with the uses in the imme-
diate vicinity of the subject property; or
(4) Provide plant materials that will fulfill the buffering or landscaping purpose of
that planting on a year-round basis;
(5) Provide visual relief on long facades.
A list of desirable and undesirable trees with tree sizes is maintained on file with
the land use division of planning and development services and may be used for
reference.
20.80.340 Existing vegetation.
(1) Applicants shall be encouraged to retain existing vegetation as appropriate.
(2) Existing vegetation may be used to meet all or part of the landscaping re-
quirements of this chapter.
20.80.345 Buffering plantings.
Buffers are required when the proposed use is in a commercial or industrial zone
and is directly adjacent to and shares a common boundary with property in a rural
or residential zone. They are normally 25 feet wide unless otherwise approved by
the administrator upon receipt of a detailed planting plan prepared by a landscape
architect or qualified landscape designer. Buffering plantings are intended to pro-
vide an all-season visual screen between commercial or industrial uses on one side,
and rural or residential uses on the other side. Landscape buffers may be required
on road frontages as a condition of development for commercial or industrial devel-
opment that includes outside storage of materials, outside parking of equipment or
vehicles other than vehicles for sale on the site, and similar uses that can be a vis-
ual distraction or unsightly to persons on the public right-of-way. Plant materials
that have minimal irrigation needs, and are native or have a demonstrated suitabil-
ity for Whatcom County are required. Twenty-five-foot planted buffers shall, at a
minimum, consist of two offset rows of predominantly coniferous trees at an aver-
age spacing of 15 feet triangulated on center or an equivalent effect. Some decidu-
ous trees shall be included and shrubs may be interspersed to provide interlocking
46
Title 20 Amendments September 12,2013 Planning Commission Recommendation
root structures to reduce windthrow. Fifty-foot planted buffers will require four rows
of trees in the same triangulated pattern as required in 25-foot buffers. Existing
natural buffers are encouraged but may need additional width or be augmented
with additional landscaping or fencing to provide the required sight barrier.
The buffer requirements for the Neighborhood Commercial zone when abutting
the Urban Residential Medium Density zone (except as otherwise provided in WCC
20.60.552) can be met with a six-foot-high sight-obscuring fence or a dense hedge
of sight-obscuring plantings.
20.80.355 Trash for garbage collection storage areas - Screening and
placement.
All trash and/or garbage collection a-n-d-storage areas must be screened from view
from adjacent streets and properties using a solid fence or wall a minimum of six
feet high.
20.80.410 Signs - General provisions - Applicable to all districts.
(1) No sign or any portion of a sign shall be located on or over public property,
such as road rights-of-way and easements, transmission line corridors or utility
easements. Standard building height limits and setbacks shall apply to all signs un-
less otherwise provided elsewhere in this title or in other county codes or regula-
tions including the county's shoreline management program and the Point Roberts
Character Plan. All freestanding signs advertising on-premises operations may be
located within required landscaping areas, except that no such sign shall be closer
than 10 feet to the road right-of-way. This distance shall be increased if it can be
shown to present a traffic hazard.
(2) On-premises signs meeting the requirements of WCC 20.80.420 to 20.80.460
465 are permitted. Other than exempt signs under WCC 20.80.470, all other signs
in the Recreation and Open Space District are prohibited and all other signs in other
districts conditionally permitted subject to meeting the requirements of WCC
20.84.200.
(3) Off-premises advertising signs are prohibited in all districts except adjacent
to arterial roads or Interstate 5 in General Commercial or Industrial Districts where
they require a conditional use permit. Maximum sign size shall be 288 square feet
and not more than 25 feet high. Minimum separation between off-premises adver-
tising signs shall be a 500-foot radius. All off-premises advertising signs shall meet
the setback requirements found in WCC 20.80.215. Off-premises signs may be back
to back only; no V-type signs are allowed. Off-premises signs may display at most
two advertisements per side. The number of off-premises advertising signs within
the county shall not exceed 18, which is the total of existing off-premises advertis-
ing sign structures that as of April 30, 1990 (a) had a county conditional use permit
and (b) those facing Interstate 5 within Commercial or Industrial Districts with a
valid state permit. Permit holders for the existing 18 signs may replace any sign
they remove with a new sign subject to obtaining conditional use approval for the
new sign. By no later than April 30, 1996, all conforming off-premises advertising
47
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
signs which became nonconforming as a result of new regulations adopted the 7th
day of August, 1990, shall meet all requirements of said regulations or be abated;
provided, that those signs holding valid conditional use permits need not conform to
the setback from residence requirement of WCC 20.80.215(4).
(4) Signs shall not depict or describe "specified sexual activities" or "specified
anatomical areas" as defined in WCC 20.97.008.
20.80.420 Neighborhood Commercial District sign regulations.
(1) Single-faced signs placed on walls or eves of business establishments shall
not exceed 32 square feet.
(2) One freestanding sign is permitted for each Neighborhood Commercial Zone
District. Each sign shall not exceed 64 square feet with a maximum height of 10
feet.
(3) Lighted signs shall only be internally or indirectly illuminated.
(4) Reader board signs shall be allowed for tenant identification only, and mer-
chandise or price special advertising shall be prohibited.
(5) Off-premises advertising signs are prohibited.
20.80.430 Rural General Commercial and General Commercial District sign
regulations.
(1) Single-faced signs placed on walls or eaves of business establishments shall
not exceed 100 square feet in area. Freestanding signs shall not exceed 64 square
feet in area. Roof signs shall not extend laterally beyond the roof it is located on
and shall not exceed 100 square feet in area.
(2) Freestanding signs shall not exceed 25 feet in height and wall-mounted signs
shall not exceed the actual building height. Roof signs shall not extend more than
five feet above the peak of the roof.
(3) Lighted signs shall only be internally or indirectly illuminated.
20.80.435 Tourist Commercial District sign regulations.
(1) Signs shall be located on the premises with the use they are identifying.
(2) Single-faced signs placed on walls or eaves of business establishments shall
not exceed eight percent of the facade area where the sign will be located plus
eight square feet. No more than one wall sign shall be permitted per facade. The
facade area includes any one side of a building composed of walls, windows and
doors.
(3) Elevated signs shall not exceed 250 square feet in area on any one face, nor
exceed four faces per sign and shall be located no closer than 200 feet apart re-
gardless of ownership or number of businesses.
(4) Signs shall not exceed 40 feet in height except as provided for in paragraph
(7) below.
(5) Off-premises advertising signs are prohibited.
(6) Lighted signs shall only be internally or indirectly illuminated.
48
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
(7) One of the freestanding on-premises signs shall be permitted additional sign
height subject to the following criteria:
(a) The sign identifies a business with a significant freeway orientation such
as a business offering lodging, food, fuel or automobile service.
(b) The sign Is within 1,500 feet of a freeway Interchange, measured from
the intersection of the centerline of a freeway and the centerline of the in-
tersecting roadway.
(c) The permitted sign height shall not exceed 50 feet above the elevation of
the overpass or freeway (whichever is higher) at the intersection of the
freeway centerline and the centerline of the intersecting roadway.
20.80.440 Small Town Commercial and Resort Commercial District sign
regulations.
(1) All uses shall be allowed on-premises signs in connection with any permitted,
accessory or conditional use, subject to the following provisions:
(2) One freestanding sign for each road frontage, not to exceed 10 feet in height,
and one wall sign; with total surface area of all signs not to exceed:
(a) Twelve square feet for each road frontage for multiple family and
rooming houses with less than or equal to 20 units;
(b) Forty square feet for each road frontage for hotels and motels; pro-
vided, that on any road frontage exceeding 160 feet, 60 square feet shall be
allowed; and
(c) Twenty-four square feet for each road frontage for all other uses.
(3) Lighted signs shall only be internally or indirectly illuminated.
(4) Reader board signs shall be allowed for tenant identification only, and mer-
chandise or price special advertising shall be prohibited.
(5) Signs shall be nonmoving, nonfluttering, and nonrotating, with pennants,
banners, small lights and similar decorations of a seasonal or holiday or special
event character allowed for up to 90 days per year.
(6) Off-premises advertising signs are prohibited.
20.80.450 General Manufacturing, Light and Heavy Impact Industrial, Ru-
ral Industrial and Manufacturing, and Airport Operation Districts sign regu-
lations.
(1) Unlighted temporary building signs not to exceed 64 square feet in area, with
message limited to the name, address and phone number of the project, contractor,
architect, and financial source shall be permitted.
(2) Real estate signs shall be limited to one sign per street frontage, shall be un-
lighted and shall not exceed 64 square feet in area.
(3) The following regulations shall apply to permanent signs for industrial uses:
(a) All signs must be an integral and coordinated part of a site design plan
for the entire complex.
49
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
(b) One freestanding sign shall be permitted at the entrance to each indi-
vidual site; provided, that total sign area for any one face does not exceed
64 square feet.
(c) One freestanding sign not higher than 25 feet shall be permitted at
each main entrance to an Industrial park. The message of said sign shall be
limited to the name of the park and its occupant(s). Sign area of any one
face shall not exceed 275 square feet.
(d) Wall signs shall be flush against the building and shall not exceed 25
percent of the total wall area, on which they are located less windows and
doors.
(e) Roof signs not greater than five feet above the peak of the roof and
not extending beyond the roof it is located on shall be permitted.
(4) For nonindustrial uses the following regulations shall apply:
(a) One freestanding sign not to exceed 64 square feet in surface area per
sign face. A maximum of two sign faces shall be allowed. Height of this sign
shall not exceed 25 feet.
(b) Single-faced signs on walls or eaves not to exceed a cumulative total
of 100 square feet in area.
(c) Roof-mounted signs with a maximum of two faces per sign not to ex-
ceed a cumulative total of 100 square feet in surface area per face (or faces
visible from one direction). These signs shall not extend laterally beyond the
roof nor more than five feet above the highest point of the roof.
20.80.460 Recreation and Open Space District sign regulations.
(1) One freestanding sign for each road frontage shall be permitted; provided the
sign does not exceed six feet in height and surface area does not exceed 24 square
feet. Sign setbacks shall be at least 20 feet from the edge of a county or state road
right-of-way, or 25 feet from adjacent nonpublic property lines.
(2) One wall sign for each accessory or conditionally permitted structure shall be
permitted; provided total sign area does not exceed 12 square feet.
(3) Signs demarcating public property boundaries shall be permitted; provided
total sign area for each individual sign does not exceed three square feet. Said
signs may be located at property lines.
20.80.465 Urban Residential-Mixed (UR-MX) District sign regulations.
(1) Not more than two identification signs, with a maximum of 32 square feet to-
tal area for each storefront shall be permitted; provided, that said sign(s) shall not
project above any part of the roof line. Signs may extend 24 inches from the wall or
to the edge of a permanent canopy or awning of the building to which it is attached.
At least one of the signs for an individual business must be readable to pedestrians
on the adjacent sidewalk.
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Title 20 Amendments September 12,2013 Planning Commission Recommendation
(2) Said signs shall be harmonious and compatible with the character of the sur-
rounding area.
(3) Signs may only be illuminated by an indirect external source.
20.80.630 Stormwater and drainage. (Adopted by reference in WCCP Chapter
2.)
(1) All development activity within Whatcom County shall be subject to the
stormwater management provisions of the Whatcom County Development Stand-
ards or the provision addressed herein, as applicable, unless specifically exempted.
(2) No project permit shall be issued prior to meeting the stormwater require-
ments of this chapter and/or Chapter 2 of the Whatcom County Development
Standards. Advisory Note: Certain stormwater discharges to natural receiving wa-
ters are subject to state water quality standards and the requirements of the Na-
tional Pollutant Discharge Elimination System (NPDES). Hydraulic Project Approval
(HPA) may also be required if stormwater is discharged to a water body or stream
that provides, or could provide, habitat for fish.
(3) Unless other county stormwater management provisions are more restrictive,
all development activity within NPDES Phase II area boundaries, as delineated at
the time that the county determines that the development application is complete,
shall comply with the most current editions of:
• The Washington State Department of Ecology Stormwater Management
Manual for Western Washington; and
• Appendix 1, Minimum Technical Requirements for New Development and
Redevelopment, of the Western Washington Phase II Municipal Stormwater Permit;
and
• Appendix 7, "Determining Construction Site Sediment Damage Potential," of
the Western Washington Phase II Municipal Stormwater Permit.
20.80.640 Driveways.
A permit shall be obtained from the county engineer or State Department of
ysTransportation, as appropriate, prior to the construction of any driveways
on a public right-of-way. The location of driveways adjacent to a property line func-
tioning as one point of ingress and egress to both properties shall be encouraged
and shall be considered as one driveway. The location of driveways shall be in ac-
cordance with standards adopted by the county or State Department of Sys
Transportation as appropriate and approved by the county council. These standards
shall regulate location, width and alignment as they relate to safety and traffic con-
gestion.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.83
NONCONFORMING USES AND PARCELS
20.83.040 Change to another nonconforming use.
The change of a nonconforming use to another type of a nonconforming use shall
be conditionally permitted, except that a nonconforming use shall not be changed
to an adult business. The change of nonconforming use shall be approved if it is
consistent with the applicable zoning regulations, except the use restrictions, and
complies with WCC 20.84.220(2) to (89), providing such change does not require
the provision of water and sewer utility services at a level greater than that cur-
rently available to the subject property, and that the new nonconforming use does
not result in greater impacts upon surrounding properties than did the original non-
conforming use.
20.83.130 Affidavit of nonconforming use.
When a nonconforming use of a property is challenged through a complaint from
the public or by initiative of the zoning administrator, the burden of proof of ap-
plicability of WCC 20.83.010 above, shall rest with the property owner. The owner
shall make public record of his right of nonconforming land use status by filing an
affidavit of nonconforming use with the zoning administrator that contains the legal
description of the affected property, the purpose for which the property is used and
any other facts necessary as evidence to verify the legitimacy of the nonconformity.
The affidavit shall be accompanied by a filing fee as listed on the current fee sched-
ule. The zoning administrator or designee shall make a site examination to verify
the nonconforming use and endorsed upon the affidavit if found to be as represent-
ed by the applicant.
The administrative determination to endorse or not to endorse a nonconforming
I use may be appealed under WCC 20.92.210(2)20.84.240.
Chapter 20.84
VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND
APPEALS
20.84.220 Criteria.
Before approving an application for a conditional use permit, the hearing examiner
shall ensure that any specific standards of the use district defining the conditional
use are fulfilled, and shall find adequate evidence showing that the proposed condi-
tional use at the proposed location:
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Title 20 Amendments September 12,2013 Planning Commission Recommendation
(1) Will be harmonious and in accordance with the general and specific objectives of
Whatcom County's Comprehensive Plan and zoning regulations.
(2) Will be designed, constructed, operated, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the gen-
eral vicinity, and that such use will not change the essential character of the same
area.
(3) If located in a rural area (as designated in the Comprehensive Plan), will be
consistent with rural land use policies as designated in the rural lands element of
the Comprehensive Plan.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be serviced adequately by necessary public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and
sewers, and schools; or that the persons or agencies responsible for the establish-
ment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facili-
ties and services, and will not be detrimental to the economic welfare of the com-
munity.
(7) Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property, or the general wel-
fare by reasons of excessive production of traffic, noise, smoke, fumes, glare or
odors.
(8) Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets.
(9) Will not result in the destruction, loss or damage of any natural, scenic or his-
toric feature of major importance.
20.84.240 Appeals.
The hearing examiner shall have the authority to hear and decide, in conformity
with this chapter, appeals from any order, requirement, permit decision or determi-
nation made by an administrative official in the administration or enforcement of
this chapter where more than one interpretation is possible; provided, that such
appeal shall be filed in writing within 14 days of the action being appealed. If an
appellant prevails in an appeal of an administrative approval decision, the appel-
lant's appeal fees shall be refunded. The appeal fee on a code violation will be re-
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
funded if the appellant can prove by clear and convincing evidence that a violation
did not occur. Appeals of administrative approval use permit decisions for adult
businesses shall be made directly to the county council pursuant to WCC 20.92.825,
and shall not be subject to the provisions of WCC 20.84.240.
Chapter 20.85
PLANNED UNIT DEVELOPMENT (PUD)
20.85.020 Applicability.
This chapter is applicable in any zone district within an urban growth area and
short-term planning area. The provisions of this chapter can be used for any resi-
dential, commercial and/or industrial project on property two acres or greater in
size; provided, however, that residential PUDs are not permitted in the Cherry Point
I Industrial Urban Growth Area or in the Custer Provisional Urban -Growth Arco.
Transfer of development rights shall be utilized within designated density transfer
receiving areas as shown on the official Whatcom County zoning map to achieve the
allowed maximum density prior to the utilization of the density bonus provisions of
this chapter. A planned unit development may be used on property less than two
acres in size when the zoning administrator finds one or more of the following con-
ditions exists:
.021 An unusual physical or topographic feature of importance to the area as a
whole exists on the site or in the neighborhood, which can be conserved and still
leave the applicant equivalent use of the land by the use of a planned unit devel-
opment.
.022 The property or its neighborhood has a historical character of importance or
the community that will be protected by use of a planned unit development.
.023 The property is adjacent to or across a street from property which has been
developed or redeveloped under a planned unit development, and a planned unit
development will not detract from the amenities and aesthetic values of the neigh-
boring planned unit development.
.024 The project will use unique or innovative design concepts which would ben-
efit the public welfare including design provisions which would be precluded by the
underlying district.
.025 The project would meet an important social need that cannot be realized
with the underlying zone.
.026 The project will promote creativity or affordability in residential, commercial
and industrial development.
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Title 20 Amendments September 12,2013 Planning Commission Recommendation
Chapter 20.90
AMENDMENTS*
20.90.070 Transmittal of amendments to the state.
Pursuant to RCW 36.70A.106(3) and WAC 365 195 620, the department of plan-
ning and development services shall notify and transmit copies of initiated amend-
ments to this title and the official Whatcom County zoning map to the Washington
State Department of : -- -- . - . . - - - -• - = - - - a - - =
:Commerce at least 60
days prior to final adoption. The department of planning and development services
shall also transmit a complete and accurate copy of zoning amendments to CTED
Commerce within 10 days after the enacting ordinance is signed by the county ex-
ecutive.
Chapter 20.97
DEFINITIONS
207977065
"Commission" mcons the planning commission of Whatcom County.Reserved.
20.97.295
Permanent foundation.
"Permanent foundation" means a foundation constructed of masonry, concrete or
treated wood in conformance to the requirements of the current code as adopted
and amended per Whatcom County Code, Title 15, Building & Construction,
Building Codcs, and shall extend below the frost line or other method as accepted
by the building official.
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