HomeMy WebLinkAboutord2011-013strike WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 72 D
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept. : 4/26/2011 Introduction
Division Head: l ) 5 / 10 / 11 Hearing
Dept. Head: LL
Prosecutor:
Budget:
Executive:
SUBJECT:
Ordinance amending code and maps relating to rural land use (April 26 Intro)
ATTACHMENTS
SUMMARY STATEMENT:
Related County Contract # : Should the Clerk schedule a hearing? (Y/N) Y Requested Date: 5/10/2011 l
Ordinance amending code and maps relating to rural land use (April 26 Intro)
COMMITTEE ACTION : COUNCIL ACTION :
4 / 26 / 11 : Introduced
5 / 10 / 11 : Council Adopted 5 - 2 , Mann &
Weimer opposed
Ord . 2011 - 013
Related File Numbers: Ordinance or Resolution Number (this item only) :
AB2011 - 072 - 072C Ord . 2011 -013
SPONSORED BY : Consent
PROPOSED BY : PDS
INTRODUCTION DATE : May 10 , 2011
ORDINANCE NO . 2011 -013
ORDINANCE AMENDING WHATCOM COUNTY ZONING CODE TITLE 20, THE
OFFICIAL WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATING TO
RURAL LAND USE PLANNING
WHEREAS, the Washington State Growth Management Act ( GMA ) requires
Whatcom County to include a rural element in its Comprehensive Plan that protects
the county 's established rural character by containing or otherwise controlling rural
development ; and
WHEREAS, time is of the essence to complete the revisions of Whatcom
County 's rural element due to an order of the Western Washington Growth
Management Hearings Board in Futurewise v. Whatcom County, Case No . 05 - 2 -
0013 requiring revision of comprehensive plan designations in accordance with GMA
requirements for " limited areas of more intensive rural development" ( LAMIRDs )
and reconsideration of permitted rural densities ; and
WHEREAS, the recommended amendments have been considered by the
Whatcom County Planning Commission , the Whatcom County Council Planning and
Development Committee and the Whatcom County Council ; and
WHEREAS, legal notice requirements have been met ; and
WHEREAS , the County Council finds the Comprehensive Plan and zoning
amendments in the interest of the public health , safety , and welfare , based on the
following findings and conclusions :
FINDINGS OF FACT :
GMA Requirements
1 . The Washington Growth Management Act ( GMA) requires county
comprehensive plans to include a rural element that protects the county 's
established rural character by containing or otherwise controlling rural
development .
2 . GMA ( RCW 36 . 70A . 070 ( 5 ) ( a ) ) allows counties to consider local circumstances
in its rural element but requires counties to develop a written record
explaining how the rural element harmonizes the planning goals in RCW
36 . 70A . 020 and meets the requirements of RCW 36 . 70A . ( See Conclusions 2
and 3 below ) .
3 . GMA allows , but does not require , counties to designate " limited areas of
more intensive rural development" ( LAMIRDs ) ( RCW 36 . 70A . 070 ( 5 ) ( d ) ) and
Rural Element Ordinance May 10, 2011
describes three types of development patterns that may be considered
LAMIRDs :
a ) Type I : " Rural development consisting of the infill , development, or
redevelopment of existing commercial , industrial , residential , or mixed -
u se areas , whether characterized as shoreline development villages ,
hamlets , rural activity centers , or crossroads developments . . .Any
development or redevelopment in terms of building size , scale , use , or
intensity shall be consistent with the character of the existing areas . "
( RCW 36 . 70A . 070 ( 5 ) ( d ) ( i ) ) In RCW 36 . 70A . 070 ( 5 ) ( d ) ( iv ) , GMA states ,
" Existing areas are those that are clearly identifiable and contained and
where there is a logical boundary delineated predominately by the built
e nvironment, but that may also include undeveloped lands as provided in
this subsection . " GMA requires counties to establish logical outer
boundaries for areas of more intensive rural development and describes
considerations that must be addressed in establishing those boundaries
Per RCW 36 . 70A . 070 ( 5 ) ( d ) ( v ) , existing areas are those that existed on
July 1 , 1990 .
b ) Type II : "The intensification of development on lots containing , or new
development of, small - scale recreational or tourist uses , including
commercial facilities to serve those recreational or tourist uses , that rely
on a rural location and setting but that do not include new residential
development. . . " ( RCW 36 . 70A . 070 ( 5 ) ( d ) ( ii )
c ) Type III : "The intensification of development on lots containing isolated
n onresidential uses or new development of isolated cottage industries and
isolated small - scale businesses that are not principally designed to serve
the existing and projected rural population and nonresidential uses , but
do provide job opportunities for rural residents . . . " ( RCW
36 . 70A . 070 ( 5 ) ( d ) ( iii )
4 . GMA requires that the rural element of a county comprehensive plan provide
for a variety of rural densities , uses , essential public facilities , and rural
governmental services needed to serve the permitted densities and uses , and
allows counties to use innovative zoning techniques that will accommodate
appropriate rural densities and uses that are consistent with rural character .
5 . GMA requires local governments that are required or choose to plan under
GMA to utilize a process established by the Washington State Attorney
General to assure that proposed regulatory or administrative actions do not
result in an unconstitutional taking of private property . ( RCW 36 . 70A . 370 )
The Whatcom County Prosecutor's office informed the County Council of this
requirement and , in accordance with Attorney General 's Advisory
Memorandum , advised the Council regarding the proposed amendments with
respect to avoiding unconstitutional taking of private property .
Growth Management Hearings Board Decision : Futurewise vs. Whatcom
County
6 . In Futurewise v. Whatcom County and Gold Star Resorts, Inc. ( # 05 - 2 - 0013
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Rural Element Ordinance May 10, 2011
Sept . 20 , 2005 Final Decision and Order) , the Western Washington Growth
Management Hearings Board ( WWGMHB ) found Whatcom County out of
compliance on three issues : The policies pertaining to Small Town ,
Crossroads Commercial , Resort and Recreational Subdivision , Suburban
Enclave , and Transportation Corridor land use designations allow the creation
of more intensive areas of rural development that do not comply with RCW
36 . 70A . 070 ( 5 ) ( d ) ; The Rural Residential zones ( RR- 1 , RR- 2 , RR- 3 ) , Eliza
Island ( EI ) zone , Rural two - acre ( R- 2A) , and Rural Residential Island ( RRI )
zones allow residential densities that are not rural in the rural areas and are
not in limited areas of more intensive rural development per RCW
36 . 70A . 070 ( 5 ) ( d ) ; and Urban Residential three - per- acre ( UR- 3 ) zoning in
urban growth areas ( except the UR- 3 in Lake Whatcom watershed and the
airport hazard area ) failed to achieve appropriate urban densities .
7 . In June , 2007 Whatcom County rezoned approximately 1 , 700 acres in the
Ferndale and Everson UGAs to UR-4 in 2007 ( Ord . 2007 - 030 and 2007 - 045 )
to address the urban density noncompliance issue in the September 20 , 2005
Futurewise v. Whatcom County and Gold Star Resorts, Inc. decision .
8 . The WWGMBH issued a finding of compliance on the urban density issue on
August 30 , 2007 .
9 . The September 20 , 2005 Futurewise v. Whatcom County and Gold Star '
Resorts, Inc. decision relating to the land use designations and rural density
issues was reversed in Whatcom County Superior Court in 2006 . The
Superior Court decision was , in turn , reversed by the Division I Court of
Appeals in 2007 , which reinstated the 2005 WWGMHB decision and ordered
Whatcom County to comply with that decision ( 140 Wn . App . 378 ) . In
December, 2009 the Supreme Court of the State of Washington reversed the
Court of Appeals ' holding that the hearings board did not improperly apply a
bright line in addressing the challenge to Whatcom County 's rural densities ,
but affirmed the Court of Appeals ' decision that Whatcom County 's
comprehensive plan did not comply with the Growth Management Act's
LAMIRD provisions . The Supreme Court remanded the rural density challenge
to the Hearings Board for reconsideration without applying a bright line rule ,
and ordered Whatcom County to " revise its comprehensive plan to conform
to the LAMIRD provision of the Growth Management Act and then apply the
statutory criteria to establish appropriate areas of more intensive rural
development . " ( 167 Wn . 2d 723 , 735 , 222 P . 3d 791 )
10 . In August, 2009 Whatcom County Amended Whatcom County Code ( WCC)
Chapter 20 . 34 Rural Residential - Island District ( one of the zones found to
be out of GMA compliance in the 2005 Futurewise vs. Whatcom County
decision ) to change the required minimum lot size from three acres to five
acres ( Ord . 2009 - 062 ) .
Other Relevant Growth Management Hearings Board Decisions
11 . The WWGMHB found existing zoning cannot be a sole criterion for
designating LAMIRDs ( Wells vs. Whatcom County, Case No . 97 - 2 - 0030c,
Final Decision and Order, January 16 , 1998 )
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Rural Element Ordinance May 10, 2011
12 . Regarding the term " built environment, " the built environment includes those
facilities which are manmade , whether they are above or below ground , and
the built environment must predominate within a LAMIRD , though it may
include limited undeveloped lands . (Anacortes vs . Skagit County, Case No .
00 - 2 - 0049c, Final Decision and Order, February 6 , 2001 )
13 . The WWGMHB found the uses a county allows within LAMIRDs designated per
RCW 36 . 70A . 070 ( 5 ) ( d ) ( i ) must be consistent with (though not necessarily
the same as ) the uses as of July 1 , 1990 , and allowance of a broader range
of uses as conditional uses is not compliant with GMA . ( Dry Creek Coalition
and Futurewise vs. Clallam County, Case No . 07 - 2 - 0018c , Final Decision and
Order, April 23 , 2008 )
14 . The WWGMHB found Clallam County 's Rural Neighborhood Conservation ( NC )
Overlay ( Clallam County Code 33 - 10 - 015 ) , which permits rural densities
outside LAMIRDs greater than one dwelling per five acres based on a
calculation of the density of developed lots within 500 feet of a property , to
be compliant with the Growth Management Act . The Board stated , " Because
infill allowed by the NC overlay is limited to neighborhoods that have already
been substantially developed , this will not lead to the ' inappropriate
conversion of undeveloped lands into sprawling , low - density
development . . . ", a reference to Goal 2 of the GMA . ( Dry Creek Coalition and
Futurewise v. C/a/lam County, WWGMHB No . 07 - 2 - 0018c, Compliance Order,
November 3 , 2009 , p . 10 )
15 . The WWGMHB has found LAMIRD boundaries that take into account existing
water lines ( on July 1 , 1990 ) capable of serving more intensive rural uses
and densities to be compliant with the Growth Management Act . ( 1000
Friends of Washington vs. Thurston County, WWGMHB No . 05 - 2 - 0002 ,
Compliance Order, November 30 , 2007 )
16 . The Washington State Supreme Court has held that a growth management
hearings board cannot base its evaluation of a county's permitted rural
densities on a " bright line " rural density of one dwelling per five acres .
( Thurston County vs. Western Washington Growth Management Hearings
Board, 164 Wn . 2d 329 , 190 P . 3d 38 , 2008 ; and Gold Star Resorts vs.
Futurewise and Whatcom County, 167 Wn . 2d 723 , 735 , 222 P . 3d 791 ,
December 17 , 2009 )
17 . The WWGMHB found Whatcom County used appropriate Type I LAMIRD
criteria to revise its comprehensive plan designation boundary in the Lake
Samish area . ( Leenstra vs. Whatcom County, WWGMHB Case No . 03 - 2 - 0011 ,
Final Decision and Order, September 26 , 2003 )
18 . The WWGMHB found Jefferson County was not clearly erroneous when it
designated a LAMIRD adjacent to an urban growth area where the City of
Port Townsend had decided it was inappropriate to expand its urban growth
area . ( People for a Liveable Community , Jim Lindsay , et al . vs . Jefferson
County , WWGMHx Case No . 03 - 2 - 0009c, Final Decision and Order, August
22 , 2003 )
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Rural Element Ordinance May 10, 2011
Whatcom County Policy
19 . Whatcom County 's County - wide Planning Policies include policies related to
rural lands :
a ) County - wide Planning Policy B . 1 states , "The county shall work with
citizens to define a variety of types of rural areas based on the
characteristics and needs of different areas . "
b ) County - wide Planning Policy B . 2 states , "The county shall discourage
u rban level development outside Urban Growth Areas and outside of areas
currently characterized by a development threshold greater than a rural
development density . "
c) County- wide Planning Policy B . 3 states , " Whatcom County shall promote
appropriate land uses and allow for infill within rural settlements
characterized by existing commercial industrial , and intensive residential
development greater than a rural development density . These areas
should be clearly delineated and not expanded beyond logical outer
boundaries in accordance with RCW 36 . 70A . 070 ( 5 ) . Impacts on rural
character, critical areas and other economic considerations as well as the
availability of capital facilities and rural levels of service must be
considered before allowing infill in these areas . "
d ) County- wide Planning Policies P . 1 and P . 2 reflect GMA Planning Goal ( 6 )
( RCW 36 . 70A . 020 ( 6 ) , which states private property shall not be taken for
public uses without just compensation , and Whatcom County Charter
Section 1 . 11 , which states no regulation or ordinance shall be drafted and
adopted without consideration of and provisions for compensation to
those unduly burdened .
20 . Whatcom County amended the Point Roberts Subarea Plan in 2001 ( Ord .
2001 - 073 ) , establishing land use policy for the Point Roberts area .
a ) The plan contains the following vision statement : " Point Roberts is a
small , quiet, diverse and geographically unique American community
located in a magnificent natural setting in close proximity to a major
Canadian metropolitan area . The Point's unique maritime location and
n atural environment is its greatest asset and is integral to community
character. Point Roberts strives to retain its small town character while
promoting focused development that is sustainable and appropriate . " ( p .
32 )
b ) The plan acknowledges GMA's requirement to designate Urban Growth
areas for places that may eventually incorporate , and instead " envisions a
n on - UGA approach to development in Point Roberts , " citing community
input favoring non - urban development patterns and unavailability of
u rban services ( p . 36 ) .
c ) One of the plan 's " community planning concepts " is to " cluster new
residential development in areas where services can be provided . " ( p . 33 )
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Rural Element Ordinance May 10, 2011
d ) No petition for Growth Management Hearings Board review of the Point
Roberts Subarea Plan was filed within sixty days after publication ( RCW
36 . 70A . 290 ( 2 ) ) .
Whatcom County Affected Areas and LAMIRD Designations
21 . Whatcom County Planning and Development Services ( PDS ) estimated the
2005 Futurewise vs. Whatcom County decision affects approximately 16 , 000
acres located within a noncompliant land use designation or a noncompliant
zoning district . PDS prepared maps of the affected areas , divided into 44
geographic areas and named by locally known place names or by major road
names .
22 . The areas affected by the 2005 decision comprise approximately 12 percent
of Whatcom County's rural lands by parcel acreage ; the remaining 88
percent is zoned for densities of one dwelling per five or ten acres . LAMIRDs
( Rural Community or Rural Business comprehensive plan designations ) are
proposed for approximately seven percent of the rural lands .
23 . The Foothills Subarea Plan Advisory Committee issued a draft Foothills
Subarea Plan in June 2007 and an amended draft in May 2010 . In June
2010 , the Whatcom County Planning Commission recommended approval of
the Foothills Subarea Plan , which included the following recommendations :
a ) Deming should be designated as a Rural Center. The existing STC zone
should be expanded to include the Mount Baker School and adjacent
school district- owned properties .
b ) The area around the Welcome LAMIRD should be rezoned from R2A to
R5A .
c) Kendall should have a Rural Center comprehensive plan designation . The
existing STC zoning should be largely retained , with a relatively small
area on the northern side of the Rural Center being rezoned from STC to
RSA .
d ) Glacier should have a Rural Center comprehensive plan designation .
24 . The Point Roberts affected area is situated on a peninsula . It is bounded on
the north by the international border with Canada and on all other sides by
water.
25 . Eliza Island is a 185 - acre island surrounded by Bellingham Bay on all sides .
26 . According to Deer Creek Water Association records , a 10 - inch diameter water
line existed on July 1 , 1990 in Guide Meridian ( SR 539 ) between the
Bellingham UGA and Smith Road , and an 8- inch water line existed in Guide
Meridian between Smith Road and a point about 1 , 800 feet north of Laurel
Road . The lines were replaced during the 2007 - 2009 Guide Meridian
widening project with a 16 - inch line between the Bellingham UGA and Smith ,
and a 12 - inch line between Smith and Laurel Roads .
27 . According to the Glacier Water Association records , a 10 - inch water line
existed on July 1 , 1990 in Mount Baker Highway ( SR 542 ) within the central
portion of Glacier and extended east to the Baker Rim and Snowline
developments .
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Rural Element Ordinance May 10, 2011
28 . 32 affected areas contain areas or lots that meet GMA and Comprehensive
Plan criteria for LAMIRD designation .
29 . In determining the areas to be included within Type I LAMIRD designations ,
PDS consulted the best available information to verify the built environment
on July 1 , 1990 (the date on which the GMA took effect for Whatcom County
- applied to Type I LAMIRD designations ) , and other documentation provided
by property owners and public utility providers . Based on this data PDS
prepared analysis maps for each of the affected areas and published them on
the county 's Internet site . These analysis maps , with the proposed LAMIRD
boundaries superimposed , were included in the LAMIRD Report document
published on the county 's internet site and transmitted to the Planning
Commission in advance of its July 9 , 2009 public hearing . A revised edition
of the LAMIRD Report document, reflecting the Planning Commission 's
recommendations , was published on November 18 , 2009 .
30 . The 26 areas proposed as LAMIRDs described in RCW 36 . 70A . 070 ( 5 ) ( d ) ( i )
(Type I LAMIRDs) each are delineated by a logical outer boundary based on
criteria in Policy 21-111 - 1 ( C) and RCW 36 . 70A . 070 ( 5 ) ( d ) ( iv ) , generally areas
characterized by the built environment and development more intensive than
surrounding rural areas on July 1 , 1990 .
31 . The seven areas proposed as LAMIRDs described in RCW
36 . 70A . 070 ( 5 ) ( d ) ( iii ) (Type III LAMIRDs ) include lots that meet the criteria
of Policy 2HH - 3 and RCW 36 . 70A . 070 ( 5 ) ( d ) ( iii ) , generally lots or small
groups of lots that were characterized by isolated nonresidential
development . The county interprets the term " isolated " to apply to small
groups of lots containing uses that are isolated from other small groups of
lots with similar uses, acknowledging historic development patterns while
preventing these uses from expanding beyond the LAMIRD to create new
patterns of sprawl development .
32 . In the Rural and Rural Residential zones , the current minimum permitted lot
size of five acres where public water is not available ( WCC 20 . 32 . 253 and
20 . 36 . 253 ) is retained .
33 . The portions of the affected areas proposed to retain a zoning density of one
dwelling per two acres ( where public water is available ) would comprise less
than one percent of the rural lands and have an average tax parcel size of
less than 2 . 5 acres .
34 . The portions of the affected areas proposed for a base zoning of one dwelling
per five acres with a Rural Residential Density Overlay ( allowing higher
densities based on surrounding existing densities ) would comprise less than
two percent of the rural lands and have an average tax parcel size of five
acres or less .
35 . During the most recent ten -year review of Whatcom County 's urban growth
areas , neither the City of Ferndale nor the City of Bellingham wished to
consider any of the proposed LAMIRD areas adjacent to their urban growth
area boundaries ( including North Bellingham , Fort Bellingham/ Marietta , or
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Rural Element Ordinance May 10, 2011
Emerald Lake ) for inclusion in their urban growth areas .
Public Participation
36 . Whatcom County 's County- wide Planning Policies include policies related to
citizen involvement :
a ) County - wide Planning Policy A . 2 states , "The county and the cities shall
provide opportunities for citizens to become involved in the growth
management planning process through various mechanisms , such as
surveys , public workshops , meetings , hearings , and advisory
committees . "
b ) County - wide Planning Policy A . 4 states , " Citizen comments and viewpoints
shall be incorporated into the decision - making process in development of
draft plans and regulations . Consideration of citizen comments shall be
evident in the decision - making process . "
37 . At the September 11 , 2007 County Council Planning and Development
Committee meeting , PDS discussed with the committee the status of the
Rural Element Update and the two remaining issues from the September
20 , 2005 WWGMHB decision ( land use designations and rural zoning ) that
remain to be resolved .
38 . At the January 10 , 2008 Planning Commission meeting , PDS discussed the
status of the Rural Element Update during a work session . PDS announced
this meeting in a press release sent to local media outlets on December 31 ,
2007 .
39 . In August 2008 PDS hired Makers Architecture Inc . to act as project
consultant to assist with the public participation process that would help
define the public vision of residential character upon which the Rural Element
Update would be based .
40 . On September 24, 2008 PDS and project consultants Makers Architecture
held meetings with representatives of local stakeholder groups . The purpose
of these meetings was to inform them of the County ' s intention to propose
Comprehensive Plan and zoning amendments to comply with the WWGMHB
order, to solicit their views on how to make the amendments consistent with
the vision of rural character in Whatcom County , and to seek their advice on
how to maximize public involvement in the development of the amendments .
The stakeholder groups represented at these meetings included community ,
business , development, agricultural , and environmental organizations , as
well as local jurisdictions .
41 . In the fall of 2008 PDS established a series of pages on the county ' s internet
site dedicated to information and documents related to the rural element
update project, and established a list of e - mail addresses for interested
parties who wish to stay informed on the status of the project, including
representatives of stakeholder groups and local jurisdictions . The Internet
site included background information on GMA requirements , contact
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Rural Element Ordinance May 10, 2011
information for questions and comments , and pages where all related
documents and public comments would be posted . The e - mail list began
with about 200 addresses of individuals , stakeholder groups , and public
agencies that were on notification lists for other county projects . New
addresses were added for parties expressing a desire to receive e - mail
notifications on the project and the list had grown to over 400 addresses by
the time of final ordinance adoption .
42 . On November 12 and 13 , 2008 , PDS and consultants held public meetings in
Deming , Laurel , and Bellingham to involve the public in establishing a vision
of rural character in Whatcom County that would guide the required
amendments to WCCP and WCC . These meetings were publicized through an
October 31 press release to local media outlets , the county ' s e - mail list and
posting of fliers in various locations throughout rural Whatcom County . A
total of about 46 people attended these meetings .
43 . On November 13 , 2008 PDS and project consultants met with
representatives of County Fire Districts and water utilities to inform them of
the County' s intention to propose Comprehensive Plan and zoning
amendments to comply with the WWGMHB order, to solicit their comments .
A meeting with School District representatives was scheduled but no
representatives attended .
44 . Between November 12 and December 8 , 2008 PDS conducted a non - scientific
survey via an Internet questionnaire seeking public input on rural character .
PDS received and tabulated about 240 responses . 38 % of respondents
considered a rural lot size to be five acres or larger. Another 34 %
considered a rural lot size to be 10 , 20 , or 40 acres or more , while 28 %
considered one or two acres to be a rural lot size . Fifty- eight percent of
respondents said that development in the rural areas in the last 10 years has
been "too much " while 28 % said it was " about right" and 7 % said it was " too
little . "
45 . At the December 11 , 2008 Planning Commission meeting , PDS discussed the
status of the Rural Element Update and the outcome of the November 2008
public meetings and survey during a work session . PDS announced this
meeting in a press release sent to local media outlets on December 2 , 2008 .
46 . On February 18 , 2009 PDS mailed postcards to owners of all parcels in the
areas affected by the 2005 WWGMHB decision , a total of approximately
17 , 500 cards . For this mailing PDS created a list of owners of record and
their mailing addresses from the most current Whatcom County Assessor's
property records . The postcards informed property owners their land may be
affected by proposed amendments , notified them of public meetings
scheduled for March 3 and 4, 2009 , and gave the phone number for PDS and
the URL address of the county Internet site where they could obtain further
information .
47 . On February 27 , 2009 PDS published on its Internet site and distributed via
e - mail list materials to be discussed at the March 3 and 4 , 2009 public
meetings , including an outline of proposed policies , proposed LAMIRD
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. . . . . . . .
Rural Element Ordinance May 10, 2011
criteria , and a map showing the general location of proposed LAMIRDs .
48 . On March 3 and 4 , 2009 PDS and project consultants held public meetings in
Laurel , Birch Bay , Rome Grange , and Bellingham to present and seek public
comment on proposed policy concepts developed by PDS and project
consultants based on comment received at the November 2008 public
meetings . A total of about 350 people attended these meetings . Participants
were asked to fill out comment cards and respond to questions regarding
policy concepts . 81 % of respondents agreed (" strongly " or " somewhat") with
designating existing small towns and crossroad commercial areas as Rural
Centers , where existing zoning may remain in place within a LAMIRD
boundary . 61 % agreed with designating commercial and tourist LAMIRDs
subject to spacing requirements , while 20 % were neutral and 17 %
disagreed .
49 . At the March 19 , 2009 meeting of the Citizens Transportation Action Group ,
PDS presented information on the Rural Element Update and sought
participation by members of that group .
50 . On March 26 , 2009 PDS published on its Internet site and distributed via e -
mail list materials for the Public Hearing at the April 16 , 2009 Planning
Commission public hearing . The materials included a memorandum from
PDS outlining ten policy questions for discussion and Planning Commission
direction , and revised proposed criteria for LAMIRD designation and
boundaries .
51 . On April 16 , 2009 the Whatcom County Planning Commission held a public
hearing on the rural element update project, focusing on the policy questions
prepared by PDS . PDS announced this meeting in a press release sent to
local media outlets on April 7 , 2009 , and staff sent a reminder of the meeting
via e - mail list on April 10 . Notice of the public hearing was advertised in the
Bellingham Herald on April 6 , 2009 . Fifteen people spoke at the hearing .
52 . At its April 23 , 2009 meeting the Whatcom County Planning Commission held
an open work session to deliberate on the policy issues prepared by PDS for
the April 16 public hearing , and gave staff direction on these issues . PDS
announced this meeting in a press release sent to local media outlets on April
16 , 2009 .
53 . At the April 28 , 2009 County Council Planning and Development Committee
meeting , PDS discussed with the committee the status of the Rural Element
Update , focusing on the policy issues discussed by the Planning Commission
on April 23 .
54 . On May 1 , 2009 the SEPA official issued a Determination of Non - Significance
for the Rural Element Update . No comments were received within the 14-
day comment period .
55 . On May 7 , 2009 PDS published on its Internet site and distributed via e - mail
list materials for the May 14 , 2009 Planning Commission work session . The
materials included a memorandum from PDS outlining additional policy
questions related to LAMIRD criteria .
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Rural Element Ordinance May 10, 2011
56 . At its May 14 , 2009 meeting the Whatcom County Planning Commission held
an open work session to discuss the additional policy questions posed by PDS
and give direction . PDS announced this meeting in a press release sent to
local media outlets on May 6 , 2009 .
57 . On June 23 , 2009 PDS sent notification and draft amendments via e- mail to
the Department of Commerce ( formerly CTED ) , per the requirements of RCW
36 . 70A . 106 , and received an acknowledgement letter via e - mail from the
department on June 24 , 2009 .
58 . On June 23 , 2009 PDS published on its Internet site and distributed via e -
mail list its first draft of proposed amendments to the Comprehensive Plan
( text and maps ) , zoning code , and zoning maps . The mailing also announced
the upcoming public meetings scheduled for June 30 and July 1 , 2009 , and
the July 9 , 2009 Planning Commission public hearing .
59 . On June 30 and July 1 , 2009 PDS and project consultants held public
meetings in Blaine , Deming , Laurel , and Bellingham to present and answer
questions on its first draft of proposed amendments to the Comprehensive
Plan , zoning code , and zoning maps . A total of about 90 people attended
these meetings .
60 . On July 9 , 2009 the Whatcom County Planning Commission held a public
hearing on the rural element update project, hearing public testimony on the
first draft of the proposed amendments to the Comprehensive Plan , zoning
code , and zoning maps . PDS announced this meeting in a press release sent
to local media outlets on June 29 , 2009 . Notice of the public hearing was
advertised in the Bellingham Herald on June 28 , 2009 . Forty -two people
spoke at the hearing .
61 . On July 17 , 2009 PDS published on its Internet site and distributed via e - mail
list materials for the July 23 Planning Commission work session , including a
PDS memorandum summarizing major themes of public comments on the
first draft of the proposed amendments , a memorandum from the Planning
Commission chair outlining Whatcom County 's history of GMA
noncompliance , and an index of public comments sorted by geographic area
for the Planning Commission 's reference .
62 . At its July 23 , 2009 meeting the Whatcom County Planning Commission held
an open work session to discuss the public comments on the first draft and
discuss revisions that may address those comments . PDS announced this
meeting in a press release sent to local media outlets on July 14, 2009 .
63 . On August 7 , 2009 PDS published on its internet site and distributed via e -
mail list suggested revisions to the first draft, to be discussed at the August
13 , 2009 Planning Commission work session .
64 . At its August 13 , 2009 meeting the Whatcom County Planning Commission
held an open work session to discuss the suggested revisions to the first
draft . PDS announced this meeting in a press release sent to local media
outlets on August 4 , 2009 . In this session the Planning Commission decided
to hold an additional public hearing , on September 8 , 2009 , to provide an
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opportunity for the public to review and comment on a revised draft .
65 . On August 21 , 2009 PDS published on its Internet site and distributed via e -
mail list a revised draft of the proposed amendments based on the suggested
revisions discussed at the August 13 , 2009 Planning Commission work
session . That message also announced the September 8 , 2009 public
hearing .
66 . On September 8 , 2009 the Whatcom County Planning Commission held an
additional public hearing on the rural element update project, hearing public
testimony on the revised draft of the proposed amendments to the
Comprehensive Plan , zoning code , and zoning maps . Notice of the public
hearing was advertised in the Bellingham Herald on August 28 , 2009 . PDS
announced this meeting in a press release sent to local media outlets on
August 31 , 2009 . 58 people spoke at the hearing .
67 . At its September 10 , 2009 meeting the Whatcom County Planning
Commission held an open work session to deliberate on the revised draft and
the public comments received regarding that draft . PDS announced this
meeting in a press release sent to local media outlets on August 31 , 2009 .
68 . At its September 22 , 2009 meeting the Whatcom County Planning
Commission held an open work session to continue its deliberation on the
revised draft and the public comments received regarding that draft . PDS
announced this meeting in a press release sent to local media outlets on
September 17 , 2009 .
69 . At its October 8 , 2009 meeting , the Whatcom County Planning Commission
held an open work session to vote on its final recommendation and findings .
The recommendation and findings were transmitted to the County Council on
October 22 , 2009 and were posted on the county web site .
70 . At its April 25 , 2011 meeting , the Whatcom County Planning Commission
reviewed proposed changes to the Comprehensive Plan text and maps made
by the County Council since the Planning Commission 's October 2009
recommendation . Following a public hearing , the Planning Commission voted
to recommend additional changes . At its April 26 , 2011 meeting , the County
Council incorporated all but one of the Planning Commission 's recommended
changes into the ordinance it introduced .
71 . The Planning Commission held four public hearings and seven open work
sessions on the Rural Element Update process . PDS facilitated 12 public
meetings in several locations throughout the county , at critical stages in the
development of the proposed amendments .
72 . The Whatcom County Council 's Planning and Development Committee and
Committee of the Whole held open work sessions on January 26 , March 30 ,
April 13 , April 27 , May 11 , May 25 , June 8 , June 22 , July 13 , September 14 ,
September 28 , October 12 , November 9 , November 23 , and December 7 ,
2010 ; and January 11 , January 25 , February 8 , February 15 , February 17 ,
February 22 , February 25 , March 1 , March 4 , March 14 , March 15 , and April
12 , 2011 . The County Council held public hearings on March 9 , March 29 ,
12
Rural Element Ordinance May 10, 2011
2011 , April 26 , and May 10 , 2011 . Each session was announced via e - mail
mailing list .
73 . The Bellingham Herald published articles about the Rural Element Update on
November 12 , December 4, December 10 , December 11 , 2008 , and on
February 28 , March 4 , June 28 , July 22 , August 12 , August 29 , September 4,
and September 20 , 2009 ; January 21 , January 27 , July 22 , September 13 ,
October 20 , October 28 , December 10 , and December 27 , 2010 ; and January
5 , January 13 , March 7 , March 10 , March 15 , March 28 , March 31 , April 9 ,
April 19 , April 27 , and May 6 , 2011 . The Rural Element Update was the
subject of the KGMI radio program , " Radio Real Estate " on July 18 , 2009 .
74 . In May 2010 , Whatcom County Planning and Development Services published
a public participation plan for long range planning issues including proposed
comprehensive plan amendments . The Rural Element Update is listed in the
plan as a " Level 2 " issue , requiring a higher level of public process than more
routine issues . This level of public participation requires alternatives to be
generated , announced , and posted online in addition to posting the proposal ,
public hearings and work sessions . In March through May 2009 , during the
Planning Commission consideration period , Planning and Development
Services published and sought comment regarding alternatives for key policy
issues ( see above findings 50 - 53 and 54- 56 ) . The most recent draft of
proposed amendments have been posted on the County 's web site from the
time the first draft was published in June 2009 ( see above finding 58 )
through adoption of the final ordinance in April 2011 and notification of
revisions to the posted proposal were sent to the e - mail list of cities ,
agencies , stakeholder groups , and interested individuals described in finding
41 . Though the Rural Element Update was identified as a " Level 2 " issue in
the Public Participation Plan , it included public participation activities required
in the plan at the higher " Level 3 , " as several public meetings were held
throughout the County ( see above findings 42 , 48 , and 59 ) .
CONCLUSIONS
1 . The proposed amendments are consistent with the goals and requirements of
the Washington Growth Management Act ( GMA) and are in the public
interest .
2 . The rural element of the Comprehensive Plan and the county development
regulations , as amended , harmonize the GMA planning goals in RCW
36 . 70A . 020 .
a . Comprehensive Plan policies guiding growth within rural land use
designations ( Goals 2GG , 2JJ , 2KK, 2LL) , and development regulations
reflecting rural uses and densities outside LAMIRDs and limited more
intensive uses and densities within LAMIRDs (the amendments to
Whatcom County Code Title 20 Zoning ) , and amendments to the official
zoning map , are consistent with GMA goal ( 2 ) , to reduce the inappropriate
conversion of undeveloped land into sprawling , low - density development .
b . Comprehensive Plan policies encouraging employment opportunities in
13
Rural Element Ordinance May 10, 2011
rural parts of Whatcom County ( Goal 2FF) and permitting limited infill
development of businesses within LAMIRDs ( Policies 233 - 1 , 2JJ -4 , 2JJ - 6 ,
2KK- 1 , 2LL- 2 , 2LL- 2 , and 2LL- 3 ) are consistent with GMA Goal ( 3 ) , to
encourage economic development .
c . No provision of the Comprehensive Plan , the development regulations , or
the proposed amendments , takes private property for public use ,
consistent with GMA Goal ( 6 ) , which states private property shall not be
taken for public use without just compensation , and property rights shall
be protected from arbitrary and discriminatory actions .
d . Development regulations requiring setbacks from resource uses ( in WCC
Chapters 20 . 59 , 20 . 60 , 20 . 61 , 20 . 63 , 20 . 64 , 20 . 67 , 20 . 69 , and 20 . 80 )
are consistent with GMA Goal ( 8 ) , to maintain and enhance natural
resource based industries and to discourage incompatible uses .
e . Comprehensive Plan policies to ensure adequate wells and on - site sewage
and septic systems ( Policies 2EE - 5 and 2EE - 6 ) and development
regulations that require minimum lot size of five acres where public water
is unavailable ( WCC 20 . 32 . 253 and 20 . 36 . 253 ) are consistent with GMA
Planning Goal ( 10 ) , to protect the environment and enhance the state 's
high quality of life , including air and water quality , and the availability of
water .
f. The public process through which the amendments were written allowed
considerable opportunity for community participation from the early
conceptual level to the draft stage , consistent with GMA Planning Goal
( 11 ) , to encourage the involvement of citizens in the planning process .
3 . The rural element of the Comprehensive Plan and the county development
regulations , as amended , meet the requirements of the Growth Management
Act, RCW 36 . 70A .
a . Comprehensive Plan policies concerning retention of rural character ( Goal
2DD ) and supporting development patterns and service provision policies
that prevent sprawl and contain growth ( Goal 2EE , 2GG , 233 , 2KK, 2LL) ,
and the development regulations that implement those policies , are
consistent with RCW 36 . 70A . 070 ( 5 ) ( c) , which requires the rural element
to include measures that protect the rural character by containing and
controlling rural development, assuring visual compatibility with the
surrounding rural area , and reducing the inappropriate conversion of
undeveloped land into sprawling , low - density development in the rural
area .
b . Comprehensive Plan policies describing rural land use designations and
rural services ( Goals 2EE , 2GG , 2JJ , 2KK, 2LL) , and the development
regulations that implement those policies , are consistent with RCW
36 . 70A . 070 ( 5 ) ( b ) , which requires the rural element to provide for a
variety of rural densities , uses , essential public facilities and rural
governmental services .
c . The allowance of rural densities greater than one dwelling per five acres
14
Rural Element Ordinance May 10, 2011
in areas where those densities have been established is not inconsistent
with any provision of GMA, and is consistent with the GMA requirement to
provide a variety of rural densities . Allowance of such densities where
they are already established ( and prohibiting the expansion of those
densities into adjacent rural areas ) does not create a pattern of land use
that degrades the established rural character of these areas per the GMA
definition of rural character ( RCW 36 . 70A . 030 . 15 ) .
d . Comprehensive Plan policies describing land use designations that serve
as LAMIRDs , and establishing criteria for designating and drawing the
boundaries for those areas ( Goals 2HH , 2JJ , 2KK, and 2LL) , are consistent
with and the development regulations that implement those policies , are
consistent with RCW 36 . 70A . 070 ( 5 ) ( d ) , which states the rural element
may allow for LAMIRDs , and must contain measures to minimize and
contain those areas .
e . Water lines existing on July 1 , 1990 and sized to serve more intensive
uses are part of the 1990 built environment described in RCW
36 . 70A . 070 ( 5 ) ( d ) ( iv ) for purposes of designating a Type I LAMIRD , per
the WWGMHB decision in 1000 Friends of Washington vs. Thurston
County, WWGMHB No . 05 - 2 - 0002 , Compliance Order, November 30 , 2007
f. Comprehensive Plan Map 8 shows LAMIRD designations consistent with
GMA requirements in RCW 36 . 70A . 070 ( 5 ) ( d ) , with growth management
hearings board decisions pertaining to that section of GMA, and with
Comprehensive Plan policies that establish LAMIRD designation and
boundary criteria ( Goal 2HH ) .
g . Comprehensive Plan policies and development regulations establishing the
Rural Residential Density Overlay represent an innovative zoning
technique , consistent with RCW 36 . 70A . 070 ( 5 ) ( b ) , that will accommodate
appropriate rural densities where rural densities greater than one dwelling
per five acres have been established .
h . The County has evaluated the Comprehensive Plan and development
regulation amendments to ensure that they do not result in an
unconstitutional taking of private property , per RCW 36 . 70A . 370 .
4 . The County 's Type I LAMIRD designations ( Rural Community designations )
are contained within logical outer boundaries delineated predominantly by
the built environment on July 1 , 1990 , consistent with the provisions of RCW
36 . 70A . 070 ( 5 ) ( d ) ( iv ) . Where LAMIRD boundaries follow pre - existing zoning
boundaries , those boundaries generally reflect an effort to contain more
intensive uses within areas characterized by more intensive uses on July 1 ,
1990 without altering the boundary to create an abnormally irregular
boundary or expanding the area to follow a physical feature .
a . Acme : Establishing the designation boundary to include the small town 's
commercial and residential development existing in 1990 , along with
some undeveloped parcels within the area , follows physical features ( SR 9
and the South Fork of the Nooksack River) , preserves the character of the
existing natural neighborhood , and avoids an abnormally irregular
15 -
Rural Element Ordinance May 10, 2011
boundary .
b . Birch Bay - Lynden & Valley View : Establishing the designation boundary to
include the parcels characterized by the built environment in 1990 and
the parcel to the south follows physical features ( Birch Bay- Lynden Road
and Valley View Road ) , and avoids an abnormally irregular boundary .
c . Cain Lake : While the majority of the platted lots had yet to be developed
individually in 1990 , roads and utilities had been installed within the
subdivision . Establishing the designation boundary to include the entire
subdivision preserves the character of the existing natural neighborhood ,
follows physical features ( Cain Lake Road and Camp 2 Road ) , and avoids
an abnormally irregular boundary .
d . Custer : Establishing the designation boundary to include the small town 's
commercial and residential development existing in 1990 , along with
some undeveloped parcels within the area , follows physical features
( Custer School Road , Bruce Road , and the BNSF railway ) , preserves the
character of the existing natural neighborhood , and avoids an abnormally
irregular boundary .
e . Deming : Establishing the designation boundary to include the small
town 's commercial and residential development existing in 1990 , along
with some undeveloped parcels within the area , follows physical features
( SR 542 and Deming Road ) , preserves the character of the existing
n atural neighborhood and avoids an abnormally irregular boundary .
f. Diablo : Establishing the designation boundary to include the entire Seattle
City Light property preserves the character of the existing natural
n eighborhood and. avoids an abnormally irregular boundary .
g . Eliza Island : While the majority of the platted lots had yet to be
developed individually in 1990 , roads and utilities had been installed
within the subdivision . Establishing the designation boundary to include
the entire subdivision preserves the character of the existing natural
n eighborhood and follows a physical boundary ( the Bellingham Bay
shoreline ) .
h . Emerald Lake : While the majority of the platted lots in the Emerald Lake
subdivision had yet to be developed individually in 1990 , roads and
utilities had been installed . Establishing the designation boundary to
include the entire subdivision preserves the character of the existing
n atural neighborhood and avoids an abnormally irregular boundary .
i . Fort Bellingham/ Marietta : Establishing the designation boundary to
include the area characterized by more intensive development in 1990
preserves the character of the existing natural neighborhood , follows
physical features ( Hoff Road , Country Lane , Jones Road , Silver
Creek/ Nooksack River floodway and Bellingham Bay shoreline ) , and
avoids an abnormally irregular boundary .
j . Glacier : The 1990 built environment includes large - diameter water lines
n ast and west of the central commercial area . Establishing the
16
Rural Element Ordinance May 10, 2011
designation boundary to include the small town 's commercial and
residential development existing in 1990 , along with some undeveloped
parcels within the area , follows physical features ( SR 542 , North Fork of
the Nooksack River and Glacier Creek) , and preserves the character of the
existing natural neighborhood .
k . Hinotes Corner : Establishing the designation boundary to include the area
characterized by more intensive development in 1990 , including large -
diameter water lines , preserves the character of the existing natural
n eighborhood and avoids an abnormally irregular boundary .
L Kendall : Establishing the designation boundary to include the area
characterized by more intensive development in 1990 follows physical
features ( the elementary school , the curve in Kendall Road , and a private
road to the east ) , preserves the character of the existing natural
n eighborhood and avoids an abnormally irregular boundary .
m . Lake Samish : Establishing the designation boundary to include the pattern
of small parcels surrounding the lake that were characterized by
development in 1990 preserves the character of the existing natural
n eighborhood and avoids an abnormally irregular boundary .
n . Laurel : Establishing the designation boundary to include the parcels
characterized by more intensive development in 1990 preserves the
character of the existing natural neighborhood , avoids an abnormally
irregular boundary , and is consistent with the efficient provision of water
service as via the large diameter water line that existed along Guide
Meridian in 1990 .
o . Lummi Peninsula : Establishing the designation boundary to include the
area characterized by more intensive development in 1990 preserves the
character of the existing natural neighborhood , follows physical features
( Lummi Bay shoreline and Haxton Road ) , and avoids an abnormally
irregular boundary .
p . Maple Falls : Establishing the designation boundary to include the small
town 's commercial and residential development exising in 1990 , along
with some undeveloped parcels within the area , follows physical features
( Silver Lake Road ) , preserves the character of the existing natural
n eighborhood , and avoids an abnormally irregular boundary .
q . Newhalem : Establishing the designation boundary to include the portion
of the Seattle City Light property containing more intensive uses
preserves the character of the existing natural neighborhood and avoids
an abnormally irregular boundary .
r. North Bellingham : Establishing the designation boundary to include the
area characterized by more intensive development in 1990 preserves the
character of the existing natural neighborhood , follows physical features
( Smith Road , Paradise Road , .Tenmile Creek, and avoids an abnormally
irregular boundary .
s . Nugents Corner : Establishing the designation boundary to include the
17
Rural Element Ordinance May 10, 2011
area characterized by more intensive development in 1990 preserves the
character of the existing natural neighborhood and avoids an abnormally
irregular boundary .
t . Point Roberts : While the majority of the parcels had yet to be developed
individually in 1990 , roads and utilities had been installed throughout the
area . Establishing the designation boundary to include the entire
peninsula preserves the character of the existing natural neighborhood
and follows a physical boundary (the international boundary and the
Boundary Bay shoreline ) .
u . Pole & Guide Meridian : Establishing the designation boundary to include
the area characterized by more intensive development in 1990 preserves
the character of the existing natural neighborhood and avoids an
abnormally irregular boundary .
v . Sandy Point / Sandy Point Heights : While the majority of the platted lots
had yet to be developed individually in 1990 , roads and utilities had been
installed within the subdivisions . Establishing the designation boundary to
include the area characterized by more intensive development in 1990
preserves the character of the existing natural neighborhood , follows
physical features ( Georgia Strait and Lummi Bay shoreline ) , and avoids an
abnormally irregular boundary .
w . Smith & Guide Meridian : Establishing the designation boundary to include
the parcels and portions of parcels characterized by more intensive
development in 1990 preserves the character of the existing natural
neighborhood , avoids an abnormally irregular boundary , and is consistent
with the efficient provision of water service as via the large diameter
water line that existed along Guide Meridian in 1990 .
x . Sudden Valley : While the majority of the platted lots had yet to be
developed individually in 1990 , roads and utilities had been installed
within the subdivisions . Establishing the designation boundary to include
the area characterized by more intensive development in 1990 preserves
the character of the existing natural neighborhood , follows physical
features ( Lake Whatcom Boulevard and Lake Whatcom shoreline ) , and
avoids an abnormally irregular boundary .
y . Van Wyck : Establishing the designation boundary to include the area
characterized by more intensive development in 1990 preserves the
character of the existing natural neighborhood , follows physical features
( SR 542 and Van Wyck Road ) and avoids an abnormally irregular
boundary .
z . Wiser Lake : Establishing the designation boundary to include the area
characterized by more intensive development in 1990 preserves the
character of the existing natural neighborhood , follows physical features
( Bartlett Road and Wiser Lake Road ) , and avoids an abnormally irregular
boundary .
5 . The County 's Type III LAMIRD designations ( Rural Business designations ) are
18
Rural Element Ordinance May 10, 2011
consistent with the provisions of RCW 36 . 70A . 070 ( 5 ) ( d ) ( iii )
a . Birch Bay - Lynden & I - 5 : This designation includes a group of lots
containing nonresidential uses . This area , developed largely after 1990
and containing uses of varied size , is isolated from other areas of
nonresidential uses .
b . Blue Canyon , North Lake Samish & I - 5 , and Van Zandt : These
designations include lots containing isolated nonresidential uses .
c . Guide Meridian Border Crossing , Slater & Elder, and Welcome : These
designations each include a small group of lots containing nonresidential
uses that are isolated from other nonresidential uses .
6 . The rural element of the Comprehensive Plan and the county development
regulations , as amended , are consistent with the goals and policies of the
Whatcom County County- wide Planning policies .
a . The public process through which the amendments were written allowed
considerable opportunity for community participation from the early
conceptual level to the draft stage , consistent with County - wide Planning
Policies A . 2 and A . 4 , which support providing opportunities for citizens to
become involved in the growth management planning process , and
incorporating citizens ' comments and viewpoints into the decision - making
process , and with County - wide Planning Policy B . 1 , which supports the
county working with citizens to define a variety of types of rural areas .
b . Comprehensive Plan policies supporting prevention of sprawl and
containment of growth in rural areas ( Goal 2DD ) , and describing rural
land use designations ( Goals 2GG , 2KK, 2LL) , and the development
regulations that implement those policies , are consistent with County -
wide Planning Policy B . 2 , which discourages urban level development
outside urban growth areas and outside of areas currently characterized
by a development threshold greater than a rural development density .
c . Comprehensive Plan policies designating limited areas of more intensive
rural development ( LAMIRDs) ( Goals 2HH , 23J , 2KK , 2LL) are consistent
with County - wide Planning B . 3 , to promote appropriate land uses and
allow for infill within rural settlements characterized by existing
commercial , industrial , and intensive residential development greater than
a rural density, which should be clearly delineated and not expanded upon
logical outer boundaries .
7 . Whatcom County is proposing no action that would take property for public
use or unduly burden a property owner by leaving him or her without a
reasonable use of his or her property , or otherwise deprive him or her of
constitutional rights . This is consistent with Whatcom County Charter
Section 1 . 11 , which states , ` The rights of the individual citizen shall be
guaranteed under the Constitutions of the United States and the State of
Washington . No regulation or ordinance shall be drafted and adopted without
consideration of and provisions for compensation to those unduly burdened . "
19
Rural Element Ordinance May 10, 2011
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that :
Section 1 . The Whatcom County Comprehensive Plan is hereby amended as shown
on Exhibit A .
Section 2 . The Whatcom County Official Zoning Code is hereby amended as shown
on Exhibit B .
Section 3 . The Whatcom County Official Zoning Map and Comprehensive Plan Map
are hereby amended as shown in Exhibit C .
. Section 4 . 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 .
ADOPTED this 10th day of May 2011 .
```````‘�1tt [It � � o Co,%%%, WHATCOM COUNTY COUNCIL
ATTEST : JN� ' COGS., WHATCOM COUNTY, WASHINGTON
N 5. . 7
1/1_x. - � • ' lt ae tO
Dana own•-i vis 9 cflI Clerk ' Crawford , hairman
• • ft/ NGI ° . •'
APPRO Eq. as.,.to 01rrtc: S ( pproved ( ) Denied
n)\/
Livil Deputy Prosecutor • • e Kremen , Executive
Date : OS . /a • e /
20
Rural Element Ordinance April 26, 2011
EXHIBIT A
Comprehensive Plan Amendments
REDLINE
Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Chapter Two
LAND USE
OVERALL LAND USE - INTRODUCTION
ISSUES, GOALS, AND POLICIES
Issues for this section were drawn from those identified in the Whatcom County: Next
Generations Visioning Process and reinforced during the Whatcom 2031 visioning
process. Numerous meetings, surveys/questionnaires and other methods were used to
identify what was important to people in Whatcom County.
Accommodating Growth
Community Value Statements encourage concentrating growth into urban areas. This
allows for efficient provision of services and preservation of rural areas as quiet, open
spaces where development pressures are not such that extraordinary regulations must
I be imposed. A distinct boundary ispeededbetween rural and urban areas, discouraging - - - { Deleted: also encouraged
sprawl, maintaining desired rural lifestyles, and conserving agricultural land.
GOAL 2A: Ensure provision of sufficient land and densities to
accommodate the growth needs of Whatcom County and
protect the qualities that make the county a desirable place to
live.
Policy 2A- 1 : Concentrate urban levels of development within designated urban
growth areas.
- Deleted: Where existing
Policy 2A-2: araw a distinct boundary between urban and rural uses. - development does not already
prohibit it, draw
Policy 2A-3: Provide a range of land uses which considers locational and
market factors as well as required quantities of land.
Policy 2A-4: Designate land uses that reflect the best use of the land .
Policy 245: Provide predictability to property owners in land use designation .
Policy 2A-6: Allow appropriate development in existing small self-contained
communities through the use of the "Rural Community" land use , - - -( Deleted: Small Town
designation.
Policy 2A-7: Provide sufficient and appropriately located residential,
commercial , and industrial lands.
Page 1 of 29
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Policy 2A-8: Include business/industry parks, tourist/resort areas and
allowance for existing crossroads commercial areas ,within urban - - l Deleted: in commercial lands
growth areas or limited areas of more intensive rural development. l designations
Policy 2A-9: Retain existing rural and heavy industrial areas in the
northwestern region of the county within urban growth areas or
limited areas of more intensive rural development.
Policy 2A-10: Recognize the importance of tourism and its influence on the need
for land for various types of development.
Policy 2A- 11 : Ensure that the development potential of contiguous lands in
common ownership is not compromised when urban growth
boundaries and/or LAMIRD boundaries (except in cases that
create abnormally irregular boundaries) are designated. The term
common ownership should include lands owned by the same
persons or entities and also by affiliated companies with common
ownership. This should be accomplished without expanding UGA
and/or LAMIRD boundaries beyond that ownership and without
bridging natural divisions of urban/rural land uses such as roads,
rivers, and other natural features.
Policy 2A- 12: Adoption of residential , industrial and commercial comprehensive
plan or zoning designations in rural areas must comply with the
criteria for "limited areas of more jntensive rural development" in - - { Deleted: intense
the Growth Management Act ( RCW 36.70A. 070(5)).
Resort Communities and Master Planned Resorts
The County's resort areas are important to $he economic viability of the County's tourist - - { Deleted: tourism
industry and provide numerous and varied recreational opportunities for county residents
and visitors. Historically important resort areas include Birch Bay, Point Roberts,
,Semiahmogt and the Mount Baker winter recreational area. ,Resort communitiesprovide_ , - - Deleted: the
recreational ,ppportunities for residents of the surroundingareas. • Deleted: area
Deleted: New developments have
GOAL 2B: Encourage the continued viability of existing resort ' expanded the role of the resort
communities and allow the development of new Master Deleted: in providing
Planned Resorts in the future. Deleted: and employment J
policy 2B- 1 : Permit through the planned unit development process _ master _ - - Deleted: Policy 2B-1 : Support the
planned resorts in settings of significant natural amenities within economic viability of the County's
p tourist industry by permitting master
urban growth areas . planned resorts within urban growth
areas through the planned unit
Policy 2B-2: New lame-scale resort development in rural areas outside of development process.¶
UGAs and outside established resort areas, should only be , - - { Deleted:
permitted as Master Planned Resorts and only when substantially
in compliance with these policies and with RCW 36.70A.360.
Page 2 of 29
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Policy 2B-3: Work with property owners in the resort communities to develop
an understanding of the unique needs of these areas and evaluate
land use regulations for their responsiveness to these needs.
Policy 2B-4: New resort development and Master Planned Resorts should be
developed consistent with the development regulations
established for critical areas.
I Policy 2B-5: No new urban ,hand uses should be allowed in the vicinity of - - { Deleted: or suburban
Master Planned Resorts, except in areas otherwise designated as
urban growth areas under the Comprehensive Plan .
Regions of Whatcom County
Whatcom County is a large and diverse county. People living in different parts of the
county have different priorities and understanding of what constitutes rural and urban
lifestyles. It is important to citizens to emphasize these regional differences.
GOAL 2L: Recognize the important regional differences within Whatcom
County.
Policy 2L-1 : Use the subarea planning process to identify and support
distinctions among different areas of the county.
Policy 2L-2: Retain and periodically update the adopted Subarea Plans
(Lummi Island, Cherry Point-Ferndale, Lake Whatcom, Urban
Fringe, Lynden-Nooksack Valley, Chuckanut-Lake Samish, Birch
Bay-Blaine, Foothills, Point Roberts, South Fork Valley, and Eliza
Island). Subarea Plans represent a long history of plan
development in Whatcom County and provided the foundation for
the county's first Growth Management comprehensive plan
adopted in 1997.
a. Utilize a process which ensures consistency between the
Whatcom County Comprehensive Plan and subarea plans. The
subarea plan update process should include the following steps:
1 ) Consistency Analysis. The County should review
subarea plans based on the priority order in subsection "b"
for gaps, overlaps, or inconsistencies. Topics include, but
are not limited to, plan boundaries, growth forecasts, land
uses, capital facilities and services, horizon year, and other
appropriate issues.
2) Regional and Local Government Coordination. The
County should consult and coordinate with cities where
city-associated UGAs are included in subarea plan
boundaries.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
3) Public Participation. Each subarea plan update process
will be based on a public participation program that
addresses citizen input on the key issues associated with
the subarea plan update.
4) Subarea Plan Amendment. Only those portions of
existing subarea plans in conflict with the Comprehensive
Plan are required to be amended. Local issues of concern
or changed conditions may be addressed .
5) Comprehensive Plan Revisions. Where the subarea
plan process recommends growth levels, growth
boundaries, or other essential features, Comprehensive
Plan amendments will be considered in conjunction with
the subarea plan update process. Land capacity analysis
may also be updated if appropriate.
b. Prioritize update of subarea plans. Subarea plans should be
updated in the following order.
1 ) Post-GMA Subarea Plans addressing UGAs. These
subarea plans should be amended during Whatcom
County's 7-Year Review scheduled for completion in 2011 .
Subarea plans addressing UGAs associated with a city
should be coordinated with the city's comprehensive plan
update process.
2) Post-GMA Subarea Plans addressing Rural Areas.
These subarea plans should be subject to a consistency
review. If significant inconsistencies are found, these
should be considered for potential update during Whatcom
County's 7-Year Review scheduled for completion in 2011 .
Minor updates may be considered through the County's
docket process in subsequent years.
3) Pre-GMA Subarea Plans. These should be updated in
accordance with County department work programs or the
docketing process. Priority criteria may be used to
determine the order of update. Example criteria include:
a) whether update is needed for health, safety, or
welfare concerns;
b) whether there is a city-associated UGA included
in the subarea plan boundaries — in which case, the
subarea plan update could be timed to be
developed in association with or following city
comprehensive plan update process;
c) whether the subarea plan would benefit from
broader policy concepts to be completed in
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
advance or in tandem, such as agricultural land
protection measures; ( Deleted Expand
d) whether a significant policy objective would be I Deleted: supporting
ir
met by amending the plan. ,, Deleted: , and light
In the event there is an inconsistency between a Subarea Plan Deleted: allowing for some Small
and the Whatcom County Comprehensive Plan, the Whatcom Towns in appropriate regions of the
Y P , county
County Comprehensive Plan shall prevail. Deleted: Process¶
'I'' The issues, goals, policies, and action
Policy 2L-3: Emphasize forestry uses with some provision for rural and ,: , ; plans of the Rural Lands section were
agricultural uses in the south and southeastern regions of the a ;' ' derived from the public input gathered
t,; and synthesized by the Whatcom
county. si , County: The Next Generations
' Visioning Committee.¶
Policy 2L-4: Support the rural economic base by ermittin natural resource- ,, '
based industries, cottage, industries, forestry, fishing , and ; Deleted:A Ou D SUMMARY
agriculture in rural areas, as well as pommercial and industrial ; ; J Deleted: ¶
activity contained within designated Rural Communities. Deleted: Maintaining the rural
Policy 2L-5: Emphasize agriculture in the north central regions of the county. character and lifestyle County
very
Y P 9 9 Y � ��, important to Whatcom County
' IN residents. Typical uses in the rural
'; areas include a mixture of low-density
' ;' , residential, pasture, agriculture,
,l' woodlots, home occupations, and
, ', ' cottage industries. The distribution of
RURAL LANDS — INTRODUCTION
I Ifi rural land use is adjacent to
II' agricultural, forestry, and urban land
II 1, 1 uses and often provides a buffer
' 'Ii between urban areas and commercial
Purpose I 1 { ' agriculture and forestry uses.¶
, ; The population growth for Whatcom
The purpose of the Rural Lands section is to provide direction for land use decisions in ; , County from 2000 to 2022 is
the rural areas of Whatcom County. , ', projected 0population l be 68,103 ,917 total
y , 1 i 2022 population of 234,917. This
' r ' represents an increase of
; r ' approximately 4,328 people in the
I } ; areas of Whatcom County that are
,GMA Requirements ' r ' currently unincorporated and outside
r ' of permanent UGAs. Ina study of the
The state Growth Management Act (GMA) requires counties to include a Rural element r potential subdividable land in the
in their comprehensive plan in accordance with RCW 36. 70A.070. GMA defines rural
I dreasoffiv County res ( zoned was one
p p dwelling/five acres (R5A) it was found
lands as those that are located outside urban growth areas and which do not include � that out of 85,588 acres inventoried,
designated agriculture, forestry, or mineral resource lands of long-term commercial about 2/3 of the acreage was in
g g ry, 9 parcels 10 acres or larger in 2002.
significance. Agriculture, forestry and mineral resource lands are addressed separately I This finding indicates that there is a
I potential for future land divisions in
in Chapter 8: Resource Lands. ; the rural portions of the county under
I current zoning regulations.
,GMA requires counties to provide for a variety of rural densities and uses in its rural I Conceivably, the rural landscape
areas, and to adopt measures to protect the rural character of the area, as established ' could look different in the future if the
current rural zoning is retained. ¶
by the county. The GMA (RCW 36.70A.030( 15)) defines "rural character" as "patterns of People in Whatcom County, through
land use and development established by a county in the rural element of its if the Visioning Process, defined rural
character as a variety of low
comprehensive plan: densities, open spaces, privacy,
I peace and quiet with less traffic noise
ja) In which open space, the natural landscape, and vegetation predominate over the ' and congestion than found in urban
areas. Retaining a sense of
built environment community and maintaining local
control in land use decisions were
(b) That foster traditional rural lifestyles, rural-based economies, and opportunities to also components of rural identity.¶
both live and work in rural areas; RURAL LANDS - ISSUES, GOALS,AND POLICIES¶
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
(c) That provide visual landscapes that are traditionally found in rural areas and ' Deleted: County residents describe
communities; 1 rural character and lifestyle as open
I space, quiet areas/privacy, largely
(d) That are compatible with the use of the land by wildlife and for fish and wildlife ' agricultural and forestry orientation,
: peacefulness, sense of community,
habitat; , low-density population, less noise and
congestion than found in urban areas,
(e) That reduce the inappropriate conversion of undeveloped land into sprawling , ; natural landscape, and greater self-
low-density developments determination of property use. With a
. rapidly increasing population in
(f) That generally do not require the extension of urban government services; and Whatcom County, maintaining the
1 rural lifestyle currently enjoyed by
' county residents becomes more
(g) That are consistent with the protection of natural surface water flows and ground ; challenging. County residents
water and surface water recharge and discharge areas." 1
I generally believe that the current
zoning and land use patterns of one
o GMA allows counties to designate "limited areas of more intensive rural development' I' ma nta n the rural char e a fnot
(LAMIRDs) where more intensive uses have been established within their rural areas. ; Whatcom County. 4
Counties making such designations must adopt measures to minimize and contain the ' One way of preserving rural lifestyle
is allowing flexibility in design of
existing areas or uses of more intensive rural development. ; subdivisions. One method is to
enable and encourage cluster
I I development. Another is to allow
density transfers between parcels in
Rural Character and Lifestyle I rural areas and from rural areas to
' Urban Growth Areas. Both methods
,,Whatcom County's rural areas are characterized by a mixture of historic rural ' individual economic flexibility
property owner, to the
promote
communities, pasture, agriculture, woodlots, home occupations, cottage industries, and economical lot design, conserve
dispoursed commercial and industrial activities. The rural areas provide an important natural resources and
environmentally fragile areas, retain
buffer between urban areas and resource lands, and the character of the rural areas is future options with respect to land use
differentiated from the urban areas by less intensive uses and densities, and greater decisions, and maintain the low
density character of the area. ¶
predominance of vegetation , wildlife habitat, and open space. In addition, residents indicated that 45
years from today they would ..k( ,,, Ill.'
This plan recognizes that each rural area or community has a unique character in terms Deleted: rural
of established development patterns. The majority of the rural area is characterized by , Deleted: . In areas where existing
the types of visual environment and land uses traditionally considered rural , while a 17 development patterns do not already
portion has been developed with more intensive uses — either smaller-lot residential, ,
prohibit it, draw a distinction
light industrial , or business uses. This plan, consistent with GMA requirements, ;, { Deleted: /rural uses to prevent urban
l sprawl
supports limited more intensive rural uses, while preventing them from having a negative /; ; p - - - -- -- --
impact on the character of the less developed rural areas, or on adjacent resource lands. ' , ' Poi y 2DD 2: Adopt mandatory and
I ii incentive programs, such as purchase I GOAL 2DD : Retain the ,character and lifestyle of rural Whatcom County. development rights, and tax de( f„ p1
' � Deleted: rural
Policy 2DD-1 : Concentrate the majority of growth in urban area; and recognize ;;
' , Deleted: areas and
rural lands as an important transition area between urban areas ,
and resource areas„ Deleted: in
.- - Deleted: areas
policy 2DD-2: Protect the character of the rural area in terms of natural - _
Deleted: where there are
landscape as well as rural lifestyles and economy, per the GMA `, N compelling reasons to do so
definition of rural character ( RCW 36.70A.030( 15)). Protect and Deleted: , and allocate sufficient
value clean water and air, the natural environment, forested lands, `, resources to achieve the desired
outcome
agriculture, parks, trails, and open space that provide for a high-
Deleted: Policy 2DD-3: Provide
quality rural lifestyle. landowners with incentives and
options to develop their property at
densities that may be less than the
underlying zone.¶ ( ,,, [3]
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Policy 2DD-3: Encourage property owners to conserve forested areas,
agricultural land, and open space by utilizing current-use taxation
provisions (RCW 84. 34).
Policy 2DD-4: Conserve open space, park land, and trails for recreational use,
as well as to protect essential habitat such as riparian areas and
wetlands.
Policy 2DD-5: Use an "Agriculture Protection Overlay Zone" designation in
certain Rural zoned areas as a way to help achieve the goal of
conserving and enhancing Whatcom County's agricultural land
base.
Policy 2DD-6: In the 'Agriculture Protection Overlay Zone" on parcels 20 acres , - - { Deleted: Agricultural
and larger with Rural 5 acre and Rural 10 acre zoning , require
non-agriculturally related development to be clustered where it
would not create more conflicts with accepted agricultural
practices, on a maximum of 25 percent of the available land with
the remainder available for open space and agricultural uses.
Development standards shall provide flexibility to achieve
development potential in cases of natural limitations.
,Policy 2DD-7: Maintain the historic character and cultural roles of each rural area _ - - Deleted: Policy 2DD-7: . Discourage
and community. new, fully-contained communities
outside designated urban growth
areas.¶
Policy 2DD-8: Allow more intensive uses in limited areas of more intensive rural Policy 2DD-8: . Encourage property
development designated consistent with RCW 36.70A.070(5)(d), owners to conserve forested areas,
agricultural land, and open space by
which provide public and commercial services and employment utilizing current-use taxation
opportunities, while preventing them from spreading in patterns of provisions (RCW 84.34)1
Policy 2DD-9: Conserve open space,
sprawl development and having an adverse impact on park land, and green links for
surrounding rural and nearby resource lands, and protecting recreational use, as well as to protect
g rura areas an near y essential habitat such as riparian
rural character. areas and wetlands.¶
Policy 2DD-10: . Rezones from one
Policy 2DD-9: Assure economic prosperity for rural areas and allow rural dwelling unit per ten acre (R10A)
property owners reasonable use of their land by continuing to
zoning districts(RA) to one dwelling per
five acre (R5A) zoning districts should
allow legal nonconforming uses. be discouraged.¶
Policy 2DD-10: Adopt incentive programs, such as purchase of development
rights, transfer of development rights, and tax deferrals, to achieve ' Deleted: People often choose to live
desired land use policies in rural areas and in areas where there ; in rural areas because they want to
, be more self-reliant and farther away
are compelling reasons to do so. I from population centers, and often do
not need or want many of the
services provided in urban areas.
Rural Services 1 Deleted: provided
Deleted: residents include
,Development in rural areas should not receive urban levels of service except where ,
necessary to protect public health, safety, and the environment. Services should be Delete : volunteer
coordinated to ensure that rural ,areas receive appropriate services including law '
Deleted:nta ed by the and public
enforcement protection, fire protection, and emergency services. ;The Whatcom County transit services are minimal. ¶
Public Works Department maintains county roads. Most of the residential development developer the property e Don owner providing
p developer is responsible for providing
water and sewer.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
in rural areas uses individual on-site septic systems. ,Some drinking water is provided by - - - Deleted: A growing concern is that
on-site wells and in other cases it is provided by water districts or water associations.
as the rural roue water and d more
populated, groundwater and surface
water quality may diminish. Because
GOAL 2EE : Ensure that rural areas are provided with services consistent one of the contributors to
groundwater contamination is failing
with the rural character and that development patterns do not septic systems, proper installation
encourage an increased service level or degrade water important
becomes very
quality.
Policy 2EE-1 : Recognize domestic water systems, volunteer fire protection,
emergency services, law enforcement protection , transportation,
public transit services and public utilities typically associated with
rural development as appropriate services in designated rural
areas. Rural services do not include storm or sanitary sewers.
Policy 2EE-2: ,Coordinate and plan public facilities, services, roads. and utilities , - - Deleted: Allow development in
to ensure that rural areas ,have appropriate and adequate rural _ , - Deleted: only when urban services
levels of rservice ecessa to maintain rural lifes le. are not required. in
Policy 2EE-3: . Ensure that adequate
Coordinate with rural service providers to ensure efficient and \o on-site wells and on-site sewage and
'\ systems are properly installed,
effective service to rural areas. monitored, and maintained.¶
'' Policy 2EE-4: . Discourage urban
Policy 2EE-3: Pursue measures through which new development would help pay
for increased demands on critical rural services such as fire and for water and sewer
emergency service. Deleted: extensions or expansions
emer
g to serve development outside of
Policy 2EE-4: Prohibit extension or expansion of municipal public sewer systems
Urban Growth Areas, Small vsionss,
y Resort/Recreational Subdivisions,
outside urban growth areas or LAMIRDs except where it is and the Gateway Industrial
necessary to protect public health, ssafetyyand the environment, Transportation Corridor,
and when such services are financially supportable at rural Deleted: in those limited
■■
circumstances shown to be
densities and do not permit urban development.
Deleted: basic
Policy 2EE-5: Ensure that adequate on-site wells and on-site sewage and septic Deleted public
systems are properly installed, monitored, and maintained. Deleted: ,
Provide technical assistance to property owners, and require
necessary improvements when needed to protect health, safety
and environmental quality.
Policy 2EE-6: Promote better land use practices and protect water quality by
encouraging landowners and developers to investigate and
implement innovative subdivision, septic system designs, and
stormwater management.
Policy 2EE-7: Ensure county coordination with service providers to determine if
new or infill development will have necessary services. Require
concurrent review of new development to ensure adequate level
of service at rural standards are available at the time of
development.
Policy 2EE-8: Public services and public facilities necessary for rural commercial
and industrial uses shall be provided in a manner that does not
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
permit low-density sprawl. Uses may utilize urban services that Deleted: Light industry is another
important contributor
previously have been made available to the site.
I Deleted: . Currently, most lig ,,, [41
,
I ' Deleted: small towns
Rural Employment Opportunities Deleted: light industry
Many residents in rural Whatcom County depend on cottage industries, home 1, , III Deleted: neighborhood comm ,,, 5 j
occupations, small businesses, and natural resource-based jobs for their livelihood. Deleted: Locate the resouro : 6
These types of businesses support the local economy and are compatible with the rural Deleted: 5: Retain existing 7
lifestyle desired by county residents. Deleted: neighbors,
is, ' y'i Deleted: , or infringe on produ( ,, , [81
,Commercial and industrial uses located within Rural Communities, Rural Tourism, and o
, ' 'i,h Deleted: Lummi Island¶ .. g
Rural Business areas are also important contributors to the local economy providing ; ilia n� ( [ 1
jobs and �ervices to rural residents. ;' ;� Deleted: tuber
t it I ill II Deleted: industries
GOAL 2FF: Provide employment opportunities in the rural parts of I Nil Deleted: providing necessary goods
r 1:Whatcom County. i i ( Deleted: , and
'lit hi, Deleted: services. Today the( ,, , [10
Policy 2FF-1 : Support small businesses, cottage industries, home occupations, , ;ih; ,1),,q
, h, hh Deleted: as well as Whatco •,• 11
resource-based, tourist, recreational, and other appropriate 1 ,:h, w,1111 -
' , f hh ' Deleted. tourist
jndustries in the rural areas of Whatcom County. New rural , , h, a'a,
commercial and industrial uses that are more intensive than those % c,�;' Deleted: activities have incr: . . 12
permitted within rural zones as home occupations or cottage ;III; I:;', Deleted: and
industries should be located within designated Rural Communities ;ill 141 Deleted: tourist services in t pm
and Rural Business areas. 1, 'h;'' Deleted: is expected to conti( , [14]
IV„
, ; 4 111h,, ( Deleted: impacted by limited( ,,, [15] j
Policy 2FF-2: Supportresource-based industries that require only rural services, , , II i\h,ii,
I1 N''h '' Deleted: recreational
conserve the natural resource land base, and help maintain the ;II NY's
rural character and lifestyle of the community, Assure adequate III:I k,;''li Deleted: visitor traffic and ca( .. . [i6]
facilities, mitigation and buffers through development regulations. 1; iliiiii'llii Deleted: then travel back ou ,„ 17
li ',�'' Deleted: existing land
Policy 2FF-3 Ensure that business operations do not adversely impact fadiacent ,li ki',,, ,
1 vii, ii Deleted: uses
residential , agricultural or forest land , or compromise water quality i �'n, '' ,
and quantity, ; �p''q;' Deleted: and
iI',pI/ Deleted: provided for the 6.14 ,,, rim
Policy 2FF-4: Allow home-based occupations, cottage industries and small- hi, ; Deleted: rural
scale tourist and recreational uses throughout the rural area , ,','�
o' - - — �
4, iDeleted: industrial
provided they do not adversely affect the surrounding residential ',,,' ,
'',�,' et Deleted: development conte( ,,, [19] 1
uses, agricultural uses, forestry uses, or rural character. ,
'1,, d Deleted: viability of small tt.„
. - -{ Deleted: surrounding
P '
0` , Deleted: rural
" .
.RURAL LANDS - LAND USE "` Deleted: lands as well as t • ,, , [21]
% \ \ Deleted: residential
o t
" � 0 Deleted: connections. Atth .. 22
Rural Designation
0 \` Deleted: at full density due U ,,, 23
Lands . designated as Rural include a variety of uses and densities. Traditionally, Deleted: .
Whatcom County's rural areas have been characterized by a spectrum of uses ranging { Deleted: Camp Firwood is a ( ,,, [2411
from farms and large-lot residential areas to recreational communities and small towns. t Deleted: Lake Samisn¶ ( ... [2511
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
The more intensive uses in that spectrum (commercial/industrial areas and residential
areas with densities greater than one unit per acre) are contained within the boundaries
of Rural Community, Rural Tourism, or Rural Business designations (LAMIRDs) and
Rural Residential Overlays. The remainder of the rural areas are designated Rural and
contain traditional rural residential and farm uses as well as small home-based and
conditionally-permitted businesses. The rural character of the lands designated as Rural
should not be compromised by the encroachment of more intensive development.
Commercial and industrial uses in the rural areas not contained within a Rural
Community designation must meet GMA criteria for small-scale tourism or isolated
business uses ( RCW 36.70A.070(5)(d)(ii) and (iii).
The GMA does not set a maximum allowed residential density for rural areas. A lame
majority of the lands designated as Rural are zoned for one residence per five or ten
acres, however, a small proportion has been developed under a zoning allowing lots
smaller than five acres where public water service is available. These areas have their
own unique rural character (as compared with the higher densities contained within
LAMIRDs) and they serve to provide a needed variety of rural densities. However, it is
important to maintain the character of the more traditional rural areas and prevent
expansion of the smaller-lot rural areas beyond their traditional limits.
Goal 2GG: Designate Rural areas to contain a variety of uses and
densities while retaining their traditional rural character.
Policy 2GG-1 : Provide a variety of residential choices at rural densities which are
compatible with the character of each of the rural areas.
Policy 2GG-2: The Rural designation should include areas of traditional rural
uses and densities. While the large majority of the Rural
designation is characterized by densities at or below one unit per
five acres, the Rural designation may also include rural residential
areas where higher densities have been established. More
intensive development should be contained within Rural
Community, Rural Tourism, or Rural Business designations, which
are limited areas of more intensive rural development (LAMIRDs),
unless justified by the existing rural character of the area.
Policy 2GG-3 In the Whatcom County Code, the Rural and Rural Residential
zoning districts should include Rural Residential Density Overlays
that may be applied to areas within the Rural designation where
smaller-lot rural residential development has already occurred .
The overlay should allow for infill development with lot sizes
consistent with those of surrounding lots, where public water
service is available. The overlay should limit eligibility of lots
based on the percentage of surrounding lots that are developed,
and should establish a maximum density that may be achieved
using the overlay. The Rural Residential Density Overlays should
not be expanded into areas where smaller-lot development has
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
not occurred; such expansion is not consistent with maintaining
the traditional character of the surrounding rural areas.
Policy 2GG-4: Uses and densities within the Rural designation should reflect
established rural character. Rezones within the Rural designation
should be consistent with the established rural character and
densities in the general area of the proposed rezone.
Policy 2GG-5: Minimize potential conflicts of rural residential development near
designated natural resource lands to prevent adverse impacts on
resource land uses.
Policy 2GG-6: Provide landowners with incentives and options to develop their
property at densities that may be less than the underlying zone,
when necessary to protect critical areas and high-value resource
lands.
Policy 2GG-7: Ensure that flexible development patterns such as cluster
subdivisions effectively preserve open space and agricultural land
and do not create the need for more intensive rural services.
Policy 2GG-8: Development within Rural designations should be consistent with
rural character as described in this chapter.
Limited Areas of More Intensive Rural Development (LAMIRDs)
RCW 36.70A.070(5)(d)( i) through (iii) allows counties to designate limited areas of more
intensive development (LAMIRDs) for three types of development patterns in the rural
areas:
• Type I : "Rural development consisting of the infill , development, or
redevelopment of existing commercial , industrial , residential, or mixed-use
areas. . . " Existing development is defined as that which existed on July 1 , 1990.
• Type II : "The intensification of development on lots containing , or new
development of, small-scale recreational or tourist uses, including commercial
facilities to serve those. . . uses, that rely on a rural location and setting . . . "
• Type III : "The intensification of development on lots containing isolated
nonresidential uses or new development of isolated cottage industries and
isolated small-scale businesses that are not principally designed to serve the
existing and projected rural population and nonresidential uses, but do provide
job opportunities for rural residents. . . "
Areas designated in this plan as Rural Communities are Type I LAMIRDs. Rural
Tourism designations are Type II LAMIRDs and Rural Business designations are Type
III LAMIRDs.
The purpose of LAMIRDs is to place limits on more intensive development and prevent it
from adversely affecting the character of the surrounding rural areas. Rural
Communities (Type I LAMIRDs) are areas characterized by more intensive uses at the
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
time Whatcom County began planning under GMA. Rural Tourism designations (Type II
LAMIRDS) apply to lots that contain small-scale tourist uses. Rural Business
designations apply to lots that contain isolated small-scale business. The criteria listed
under Goal 2HH were used to designate Rural Communities and Rural Business areas
(the Type I and Type III LAMIRDS) in 2010 and should be used to establish future Rural
Tourism and Rural Business designations (Type II and III LAMIRDs) and to evaluate
future proposed modifications to Rural Community, Rural Tourism, and Rural Business
designations (Type I , II , and III LAMIRDs).
Goal 2HH : Establish LAMIRD Designation Criteria
Policy 2HH-1 : Rural Community (Type I LAMIRD) designation criteria
A. Location Criteria. Rural Communities may be designated in an
area that:
1 . Was characterized by existing development more
intensive than surrounding rural areas (residential or non-
residential) as of July 1 , 1990, and
2 . Is not currently designated by the Comprehensive Plan as
Urban Growth Areas (UGAs) or Resource Lands, and
B. Additional Location Criteria. The following may serve as
additional criteria for Rural Community designation (relative to
the specific circumstances of the area, and in combination with
each other):
1 . The existing ( 1990) residential built environment was more
intensively developed than surrounding areas;
2. Public services are available to serve potential infill , such
as adequate potable water and fire protection,
transportation facilities, sewage disposal and stormwater
control; or
3. The area is planned for more intensive development in a
post-GMA local subarea plan.
4. Existing zoning prior to designation as a Rural Community
except existing zoning may not be a sole criterion for
designation.
C. Outer Boundary Criteria. For land meeting the criteria
described in A and B above, Rural Community boundaries
must minimize and contain areas of intensive development
and be delineated predominately by the built environment, and
shall include:
1 . Parcels that were intensively developed and characterized
by the built environment (including water lines or other
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
utility lines with capacity to serve areas of more intensive
uses) on July 1 , 1990.
2. Parcels that on July 1 , 1990 were not intensively
developed may be included within Rural Community
boundaries if they meet any of the following conditions:
a. Including the parcel ,helps preserve the character of an
existing (built) natural neighborhood;
b. Including the parcel allows the logical outer boundary
to follow a physical boundary such as bodies of water,
streets and highways, and land forms and contours;
c. Including the parcel (or in limited cases, a portion of the
parcel) prevents the logical outer boundary from being
abnormally irregular;
d. Including the parcel is consistent with efficient provision
of public facilities and services in a manner that does
not permit low-density sprawl;
e. Including the parcel does not create a new pattern of
low-density sprawl .
Policy 2HH-2: Rural Tourism (Type II LAMIRD) designation criteria
A. Location Criteria. Rural Tourism may be designated on land
that:
1 . Consists of one lot, or more than one lot, and
2. Is not currently designated by the Comprehensive Plan as
Urban Growth Areas (UGAs) or Resource Lands, and
3. Is characterized by the intensification of development on
lots containing , or new development of, small-scale
recreational or tourist uses, including commercial facilities
to serve those uses, that rely on a rural location and
setting , but that do not include new residential
development, other than a dwelling unit accessory to the
business for use by the owner-manager or caretaker.
B. Additional Criteria The following serve as additional criteria for
Rural Tourism designation:
1 . The area may include pre-existing residential development,
but not new (except for dwelling units accessory to the
business for use by the owner-manager or caretaker), and
2 . The area may serve more than the local existing &
projected rural population, and
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
3. Public services and public facilities shall be limited to those
necessary to serve the recreation or tourist use and shall
be provided in a manner that does not permit low-density
sprawl ,
Policy 2HH-3: Rural Business (Type III LAMIRD) designation criteria
A. Location Criteria. Rural Business may be designated on land
that:
1 . Is not currently designated by the Comprehensive Plan as
Urban Growth Areas (UGAs) or Resource Lands, and
2. Consists of a lot or small group of lots that either:
a. Contained past or current nonresidential uses and was
located within a commercial , manufacturing , or
industrial zoning district at the time of original county-
initiated designation, or
b. Allow for new development of isolated cottage
industries and isolated small scale businesses that are
not principally designed to serve the existing and
projected rural population and nonresidential uses, but
do provide job opportunities for rural residents.
B. Additional Criteria.
1 . A Rural Business designation on a lot or small group of lots
containing nonresidential uses should be separated from
other LAMIRD designations, regardless of type, by no less
than one-half mile by public road, except where the other
LAMIRD is separated by a major physical feature such as
a water body, freeway, major road. or other physical
feature.
2. In the event that the listed criteria result in the need to
choose one proposed designation over another,
preference is given to a proposed use that:
a. Provides the greatest number of job opportunities for
rural residents.
b. Is located at a controlled public road intersection.
Rural Communities
Rural Communities are areas that have historically served as centers of activity and
services for surrounding rural areas, or have been established as more intensive rural
residential development. In many cases, they are served by public services and
facilities, including schools, libraries, post offices, and/or public transportation.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
These areas are Type I LAMIRDs and include small unincorporated towns and other
areas where a concentration of commercial and public uses have been in existence
since before the adoption of the GMA in 1990. Typically, these are mixed-use areas
containing both residential and nonresidential uses developed at a greater intensity than
is generally found in outlying rural areas. This more intensive development is contained
within the boundaries of the Rural Community designations, preventing the expansion of
more intensive uses and densities into the surrounding rural areas. Because
undeveloped lots may be included within Rural Community boundaries, infill
development is possible, but at an intensity consistent with the development that existed
in 1990.
Areas designated as Rural Communities are: Acme, Birch Bay-Lynden & Valley View,
Cain Lake, Custer, Deming , Diablo, Eliza Island, Emerald Lake, Fort
Bellingham/Marietta, Glacier, Hinotes Corner, Kendall , Lake Samish, Laurel, Lummi
Peninsula, Maple Falls, Newhalem, North Bellingham, Nugents Corner, Point Roberts,
Pole & Guide Meridian, Sandy Point/Sandy Point Heights, Smith & Guide Meridian,
Sudden Valley, Van Wyck, and Wiser Lake.
GOAL 2JJ : Designate areas of more intensive rural development that
existed on July 1 . 1990 as Rural Communities.
Policy 2JJ-1 : Areas designated as Rural Communities shall meet the criteria
stated in this chapter and the requirements of RCW
36.70A.070(5)(d)(i), which describes limited areas of more
intensive rural development consisting of the infill , development,
or redevelopment of existing commercial , industrial, residential , or
mixed-use areas, including necessary public facilities and public
services to serve the limited area.
Policy 2JJ-2: Boundaries of Rural Communities shall meet the criteria stated in
this chapter, and the requirements of RCW 36.70A.070(5)(d)(iv).
which requires limited areas of more intensive rural development
to be clearly identifiable and contained within a logical outer
boundary delineated predominately by the built environment as it
existed on July 1 , 1990.
Policy 2JJ-3: Additional Rural Communities shall not be designated, nor shall
boundaries of Rural Communities be changed unless the area of
• the proposed addition meets the criteria stated in this chapter, and
requirements of RCW 36.70A.070(5)(d) . Designated Resource
Lands should not be redesignated as Rural Communities.
Policy 2JJ-4: Development or redevelopment within Rural Communities should
be consistent with the character of the existing area and
consistent with the size, scale, use, or intensity of the
development that existed on July 1 , 1990.
Policy 2JJ-5: Lands inside Rural Community designation boundaries that are
within low-density residential zones (one residence per five acres
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
or less density) or resource zones, or are federally owned, should
not be re-zoned to allow more intensive uses and densities.
Policy 2JJ-6: Land uses within Rural Communities, except for industrial uses,
should be principally designed to serve the existing and projected
rural population.
Policy 2JJ-7 : Encourage future public participation activities to develop
additional planning goals and policies specific to residents' needs,
and preferences in individual Rural Communities.
Rural Tourism
Whatcom County's scenic rural areas are enjoyed by residents and tourist alike. Small
scale recreation or tourist uses that rely on a rural setting provide income opportunities
for rural residents and contribute to the local economy. GMA allows counties to
designate new Type II LAMIRDs for new small-scale recreation and tourist uses. The
Rural Tourism designation limits and contains such uses, which can be more intensive
than surrounding rural uses.
GOAL 2KK: Provide opportunities for small-scale recreational or tourist
uses in rural areas.
Policy 2KK-1 : Lands designated for Rural Tourism shall meet the criteria stated
in this chapter, and the requirements of RCW 36. 70A.070(5)(d)(ii),
which describes limited areas of more intensive rural development
consisting of the intensification of development on lots containing ,
or new development of, small-scale recreational or tourist uses,
including commercial facilities to serve those uses, that rely on a
rural location and setting, but that do not include new residential
development(other than a dwelling unit accessory to the business
for use by the owner-manager or caretaker).
Policy 2KK-2: Designated Resource Lands shall not be redesignated as Rural
Tourism.
Rural Business
Many businesses have been established in commercial and industrial zones outside of
Rural Community areas. These uses, which are more intensive than those found in
surrounding rural areas, provide commercial services and job opportunities for rural
residents. The Rural Business designation permits uses to continue while preventing
the spread of businesses in sprawl development patterns.
GMA allows counties to designate new Type III LAMIRDs for new isolated small-scale
businesses. To ensure that these uses remain isolated and do not lead to strip
development, criteria for Rural Business designation include spacing requirements from
other Rural Business designations as well as Rural Communities.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
The areas designated Rural Business under Type III guidelines are: Birch Bay-Lynden & Deleted: Transportation Corridorsi
1-5, Blue Canyon, Guide Meridian Border Crossing , North Lake Samish & 1-5, Slater & , The Gateway y Industrial Industrial"
The Gateway In area is a
Elder, Van Zandt, and Welcome. I transportation related corridor
supporting transportation related
warehouse and other uses, some of
GOAL 2LL: Designate Rural Business areas to limit and contain I which have located in an area
nonresidential uses. between the rail line and Interstate-5.
The property is not used or suitable
for resource use and is not
Policy 2LL-1 : All lands designated Rural Business shall meet the Rural ; particularly suitable for residential
Business designation criteria stated in this chapter, and the I characterize chaelopmzed The area is
d by existing
requirements of RCW 36.70A.070(5)(dXiii), which describes development but lacks significant
limited areas of more intensive rural development consisting of the I deg service to t warrant an urban
g � dessignaa ti inn on at this time.¶
intensification of development on lots containing isolated Goal 2MM:developme nt. Maintain in the the Gateway existing
nonresidential uses or new development of isolated cottage ' Industrial area and confine further
industries and isolated small-scale businesses. development to warehouse and
transportation/auto travel related
Policy 2LL-2 : Uses in the Rural Business designation need not be principally ' activities.¶
g ; Policy 2MM-1 : Encourage local utility
designed to serve the existing and projected rural population and ' purveyors to serve the Gateway
nonresidential uses, but provide lob opportunities for rural Industri area.¶
Policy 2MM-2:al Allow in-fill in the
residents. ' Gateway Industrial area subject to
adequate road capacity, water supply
Policy 2LL-3: Designated Resource Lands shall not be redesignated as Rural I and sewer service or the ability to
utilize septic systems. Limit other
Business. ; services to rural service levels.¶
Guide Meridian"
The Guide Meridian is unique for
several reasons. North of the
Bellingham urban growth area, the
Guide travels about 12 %z miles,
Special Study Areas through Lynden, to the Canadian
border. Truck traffic increased at all
Whatcom County border crossings
Lake Whatcom from 1991 to 2001 . As the Blaine
truck crossing becomes more and
Lake Whatcom is the drinking water source for approximately half of Whatcom County. more overcrowded, with long waiting
Recent studies on Lake Whatcom indicate water quality in the lake has declined. and the Guide is becoming a more
q ty and more attractive truck crossing
Oxygen levels in Lake Whatcom are declining to lower levels, and are declining faster alternative. Canadian Customs &
than in the past. In 1997, the Washington State Department of Ecology listed Lake
Revenue and the B.C. Province are
P 9 p 9Y working together on a plan to convert
Whatcom as an impaired water body and place Lake Whatcom on the Federal Clean the north-bound, Lynden - Aldergrove
Water Act 303(d) list because of low oxygen levels. The 303 d listing requires the Canadian l vehicle le crossing i a 24 hour
( ) xY9 ( ) 9 q commercial vehicle crossing to
establishment of a Total Maximum Daily Load (TMDL) that designates loading capacity accommodate demand imposed by
commercial growth in the lower
of the lake such that there will be no measurable change in oxygen levels from natural mainland. U.S. Customs is
lake conditions. The TMDL goals will require a variety of planning, pollution prevention, considering a similar action for their
facility, southbound.¶
pollution reduction and technical approaches. Meeting the TMDL goals will be required Annual auto trips declined at all
in order to stabilize water quality in Lake Whatcom. Whatcom County border crossings
from 1991 -2001 as the result of a
significant pause of declining oxygen levels ha been from residential development in weak Canadian dollar. However when A Q. � �� eve � p when the Canadian dollar is stroong,
the watershed . Past development permitted by the City of Bellingham and Whatcom increased auto traffic at the Blaine
County has led to increased phosphorus loading into the lake, which in turn has led to P ng r( e
Lyndeneace Arch-Aldergrove crossing crossican ng r ,,, r261
lower oxygen levels in the lake. Past poorly managed forest practices pay have led to Deleted: The primary
significant increases in phosphorus loading to the lake.
" Deleted: d
In November/December 1992, a joint resolution was passed by the Bellingham City \ { Deleted: Poorly
Council , Whatcom County Council , and Water District 10 Commissioners, which I Deleted: can also lead
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
reaffirmed this position with six general goal statements and a set of specific goal
statements in various categories. The specific goal statements for urbanization were the
following :
• Prevent water quality degradation associated with development within the
watershed.
• Review and recommend changes in zoning and development potential that are
compatible with a drinking-water reservoir environment.
• In addition to zoning identify and promote other actions to minimize potential for
increased development in the watershed (i .e. land trust, development rights, cost
incentives, etc.).
• Develop specific standards which reduce the impacts of urbanization, such as
minimal lot clearing ; clustered development to reduce infrastructure; collection and
treatment of stormwater before entering the lake.
• Develop appropriate interlocal agreements with governing agencies to prohibit the
potential for additional development once an agreed upon level is set.
The joint resolution included goals for watershed management that extended beyond
urbanization . Goals were included for stormwater management, on-site waste systems,
conservation, forest management, spill response, hazardous materials transport and
handling , data/information management, education/public involvement, and other topics.
A joint strategy was agreed to for developing specific plans to meet the adopted goals.
Eight high priority goals were selected first and plans have been completed and jointly
adopted for each of the goals.
In 1998, the City, County, and District 10 formalized their joint commitment to protect
and manage the lake through the joint adoption of an interlocal agreement and allocation
of funding toward protection and management efforts in the watershed . A five-year
program plan was developed for ten program areas. Specific priority was placed on
activities related to watershed ownership, stormwater management, and
urbanization/land development.
The watershed contains four developed areas: the City of Bellingham, which straddles
the upper portion of the northern-most basin of the lake; Geneva, which is immediately
south and east of Bellingham's city limits and is part of the city's urban growth area;
Hillsdale, which is immediately north and east of Bellingham's city limits and is also part
of the city's urban growth areas; and the Sudden Valley Rural Community. In addition, it
includes a variety of other zones, including resource, rural , and residential rural zones. , - - { Deleted: suburban
Over 75% of the watershed is in Forestry zoning and more than 73% of the current land
use is forestry.
In 2003, there were approximately 2 ,730 existing dwelling units in the Lake Whatcom
watershed located outside of the Bellingham UGA. Under the zoning adopted in January
2004, the gross potential build-out in this area is about 6,507 total dwelling units.
Therefore, even under the more restrictive zoning adopted in January of 2004, there
could be a significant amount of new development in the watershed.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Water and sewer service are provided by Water District 10. Capacity problems in the
district's sewer line, which serves Geneva and Sudden Valley, have caused overflows
into the lake in the past. An aggressive program to preclude stormwater infiltration has
eliminated the overflow problems to a large extent. In addition, the district has a
contractually limited flow capacity to Bellingham. The Lake Louise Road sewage
interceptor was constructed in January 2003 to carry waste water from Sudden Valley
and Geneva and serves as a complement to the Lake Whatcom Boulevard trunk line.
The interceptor was designed to service full build-out of Sudden Valley and Geneva.
There are several pending subdivisions in the area which are being proposed at less
than full density but which will increase the overall development level outside of urban
areas to a significant degree.
In 2004, the Department of Natural Resources (DNR) Board on Natural Resources
adopted the Lake Whatcom Landscape Plan. This plan provides additional protections
on state managed lands within the Lake Whatcom watershed . The plan provides
additional protections on streams and potentially unstable slopes on normally included in
forest practices in Washington State. If the DNR exchanges land from the watershed the
protections provided by the plan would not be applicable to the new owner.
In 2006 the Whatcom County Council approved funding to study reconveyance of DNR
managed County Forest Board Lands.
Chapter 11 : Environment, contains more discussion of Lake Whatcom issues and
includes additional goals and policies related to watershed management, stormwater,
and water quality.
IGOAL ( : Prioritize the Lake Whatcom area as an area to minimize , -I Deleted: 2PP
development, repair existing storm water problems,
specifically for phosphorus, and ensure forestry practices do
not negatively impact water quality. Provide sufficient
funding and support to be successful .
I Policy , MM-1 : Work with property owners to find acceptable development , _ - { Deleted: 2PP
solutions at lower overall densities than the present zoning allows.
Policy2MM-2 : Develop a storm drainage utility district or other funding , _ - { Deleted: 2PP
mechanism to deal with the unique problems of development in a
drinking water watershed .
Policy2MM-3: Recognize that all users of Lake Whatcom water have an interest , _ - { Deleted: 2PP
in the resource and should share in the cost of its protection .
Policy2MM-4: Work cooperatively with the City and Water District 10 to identify, _ - { Deleted: 2PP
review, and , as appropriate, recommend changes to existing
monitoring programs that will address the needs of the various
jurisdictions. Place a particular focus on the information needed
to evaluate the impacts of additional development in the
watershed. Include an analysis of the diversion from the Middle
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Fork of the Nooksack. Coordinate effort with the Lake Whatcom
Management Committee process.
I Policy , MM;5: Evaluate and pursue, as appropriate, the use of incentives to - - - { Deleted: 2PP
encourage voluntary lot consolidation, transfer or purchase of
development rights, current use taxation , and participation in open
space conservation programs.
Policy3MM;6: Do not allow density bonuses within the Lake Whatcom - - - { Deleted: 2PP
Watershed .
PolicyM-7: Work cooperatively with the City and Water District 10 to develop - - - { Deleted: 2PP
benchmarks to determine the effectiveness of management
options; when goals have been achieved ; or when additional
actions are necessary.
I PolicyMM-8: Continue to develop and refine structural and non-structural best - - - { Deleted: 2PP
management practices (BMPs), both voluntary and required, to
minimize development impacts within the Lake Whatcom
watershed.
Policy2MM-9: Work to keep Whatcom County Forest Board and Forest - - - { Deleted: 2PP
Purchase lands within the Lake Whatcom watershed in public
ownership, and support managing forestry on said lands in a
manner that minimizes sediment and phosphorus yields from
streams.
Policy 2MM-10 Encourage the location of public services such as schools,
libraries, and post offices, within Rural Communities that would
likely reduce the vehicle miles traveled within the watershed.
Private Parcels Surrounded by National Park or National Forest
There are a number of private parcels in Whatcom County which are completely
surrounded by National Forest and National Park land . Some of these have houses built
on them, primarily for seasonal use, but most represent mining patents and are used, or
have been used, only for mining . The majority of these parcels are located in the Mt.
Baker area or the Slate Creek area near the eastern border of the county with their
access primarily by Forest Service roads.
When interim zoning was established for Whatcom County in 1972, these parcels along
with a majority of the rest of the county were zoned general protection (GP). This zoning
allows single-family houses on one acre lots and a multitude of other uses mostly
subject to the conditional use process. As final zoning has been established around the
county as part of the subarea planning process, only these exclave parcels and the
Lummi Reservation remain under interim zoning .
GOAL 2QQ: Continue to recognize private parcels surrounded by National
Park or National Forest as part of Whatcom County's
jurisdiction.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Policy 2QQ-1 : Increase the potential for land exchanges, and other voluntary
mechanisms, in order to reduce the checkerboard ownership and
jurisdictional patterns within eastern Whatcom County.
Subdivisions on the Lummi Reservation
There are at least 2 ,086 parcels on the Lummi Reservation, many of which are owned
by non-Indians. As Federal policy has changed and tribal lands have been allowed to be
removed from trust to fee status, state and county regulations have become applicable.
The County has made efforts to work closely with local tribes on land use directions.
The requirements of Growth Management cannot be applicable to reservation trust
lands, even when a checkerboard pattern has developed. It is the full intent of this
County, when possible, to continue working cooperatively with area tribes on land use,
watershed planning , utility planning and the coordinated water system plan. Most
platted areas have sewer, which is provided by the Lummi Sewer District.
GOALM: Seek resolutions that satisfy the requirements of Growth . - . f Deleted: 2RR
Management, the needs of the non-tribal residents and the
goals of the Lummi Nation.
I PolicyaNN-1 : =Work with the residents and the Lummi Nation to establish ` - jDeleted: 2RR
adequate water and sewer for the existing platted lots. Deleted: Recognize subdivided
areas on the Lummi Reservation as
Policy,2NN-2: Whatcom County will administer land use policy on fee lands and limited areas of more intense rural
development if they meet the criteria
prohibit discriminatory land use practices. of RCW 36.70A.070(5). ¶
Policy 2RR-2:
fteleted: 2RR-3
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
COMPREHENSIVE PLAN DESIGNATIONS MAP
The Comprehensive Plan designations map (Map 8) is intended to provide direction for future
land use decisions in Whatcom County. It is officially adopted as part of this document.
Because of the scale of the map, specific boundaries are identified on maps in the County
Planning and Development Services office.
Comprehensive Plan Designation Descriptors
These descriptors are intended to be general in nature. More specific criteria and
explanation will be incorporated into subarea plans.
Title: Urban Growth Areas
Purpose: To denote where future urban growth may occur.
Definition: Areas characterized by urban growth that have adequate existing
public facility and service capacities; areas characterized by urban
growth that an be served ,adequately by a combination of both - - { Deleted: may
existing public facilities and any additional public facilities and { Deleted: with urban
services jhat are provided by either public or private sources; and _ _ - (Deleted: in the future
lands adjacent to areas characterized by urban growth .
Locational Criteria: First urban growth may be located on lands characterized by
urban growth that have adequate existing public facility and
service capacities; next urban growth may be located on lands
characterized by urban growth that can be served adequately by a
combination of both existing public facilities and services and any
additional public facilities and services that are provided by either
public or private sources; and finally urban growth may be located
on lands adjacent to areas characterized by urban growth .
Title: Urban Growth Area Reserve
Purpose: To denote lands which appear to be suitable for future inclusion in
an adjacent and contiguous Urban Growth Area when the need
arises and adequate public facilities and services can be provided,
and other issues identified in the comprehensive plan are
addressed.
Definition: Areas that are not yet suited for urban growth but are logical areas
in which the urban area would likely grow beyond current growth
allocations after being properly designated as an Urban Growth
Area.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Locational Criteria: Areas adjacent and contiguous to Urban Growth Areas in which { Deleted: - 3
urban development would likely occur beyond current growth Deleted: Title: Small Towns -
allocations. ' i Rural ¶
Purpose: . To acknowledge locations
remote from urban centers that
' support the local economy by
Title : Major Industrial Area I Port Industrial •Urban Growth Areas providing goods and services to
residents and tourists.¶
Purpose: To reserve appropriate areas to attract heavy industrial ; Definition: Small communities with
manufacturing uses and provide employment o opportunities while mixed tourist commercial, residential,
9 P PP resort, or public land uses.¶
minimizing land use conflicts and off-site impacts. ; Locational Existing small community
I or resort centers with adequate
Definition: Land area for large-scale heavy industry that has a high impact on ; services,q
the surrounding neighborhood and environment.
Criteria:
hich can including water and sewer
� which can be cost-effectively
provided; near existing transportation
Locational Criteria: Industry should be located in areas adequate for its use away routes; characterized by commercial
from residential centers, but within reasonable commuting I uses a and higher rural area .11
g surrounding rural areas.¶
distance; near transportation facilities and services. Title: Crossroads Commercial -
I Rural¶
Purpose: . To provide commonly
,Title: Master Planned Resort I desired goods and services near
unincorporated or small population
centers.¶
Purpose: To recognize and contain resort areas that existed on July 11. Definition: Small concentrations of
1990, or permit new master planned resort areas that depend on a businesses meeting local area
service needs. Such uses as gas
setting of significant natural amenities. stations, neighborhood general
stores, and restaurants would be
Definition: Historic or new planned unit development that is self-contained included.q
and fully integrated, in a setting of significant natural amenities,. Locational Central to rural
populations; commercial areas should
with primary focus on destination resort facilities consisting of be located near¶
short-term visitor accommodations associated with a range of need o: arterial routes and fulfill a
need for goods and services in that
developed on-site indoor or outdoor recreational facilities. area.Q
Title: Resort and Recreational
Locational Criteria: Resorts may be located in urban or rural areas within a setting of Subdivisions - Rural¶
Purpose: . Recognize the existing
significant natural amenities. mixture of recreational and residential
development of resort and
recreational subdivisions and ensure
Title: Rural Community that future growth can be serviced
appropriately.¶
Purpose: To recognize centers of rural commercial and public services and Definition: . Resort and Recreational
Subdivisions are large subdivisions
smaller-lot residential areas that existed on July 1 , 1990 and limit originally created to primarily serve
and contain more intensive rural land uses within logical outer recreational or resort land uses and
that continue to attract and maintain
boundaries. such uses.¶
Locational Existing large scale
Definition : Small towns and other historic centers of rural activity containing recreational subdivisions.¶
residential and nonresidential uses developed at a greater ctleria:¶
Title: . Suburban Enclaves - Rural¶
intensity than surrounding rural areas. Purpose: To ensure efficient land
use by allowing in-fill at suburban
Locational Criteria: Portions of rural areas that were characterized by more intensive densities in areas already
characterized by such development.¶
rural development in 1990. Definition: The suburban enclaves
are comprised of rural residential
areas that are not urban or likely to
develop into urban areas during the
planning period.¶
Locational: Areas characterized by
development at densities averaging
one unit per¶
Criteria: acre and served or ri [27]
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Title: Rural Tourism
Purpose: To recognize small-scale recreational and tourism businesses in
rural areas, and to limit and contain more intensive rural
development on those lots.
Definition: Lots containing nonresidential uses developed at a greater
intensity than other rural areas.
Locational Criteria: In a rural location and setting upon which the recreational or
tourism use relies.
Title: Rural Business
Purpose: To recognize isolated businesses in rural areas and to limit and
contain more intensive development on those lots.
Definition: Isolated lots or isolated small groups of lots containing
nonresidential uses developed at a greater intensity than
surrounding rural areas.
Locational Criteria: No less than one-half mile from other Rural Business, Rural
Community and Rural Tourist designations, unless separated by a - - { Deleted: -
major physical feature.
Title: Rural
Purpose: To provide opportunity for a variety of low-density residential
development including cluster development with the flexibility to
practice farming or forestry, or operate a home occupation or
cottage industry; to retain a sense of community. Also to
encourage agriculture and forestry activities through the use of
incentives. .
Definition : Allows one dwelling unit per live, or ten acre; (or a higher density Deleted: two,
where that density has been established) with less traffic noise Deleted: ,
and congestion than in urban areas; low-density population; open " '( Deleted: , but encouraging ten acre
space; privacy; largely forestry and agriculture oriented; rural level l development;
of services.
Locational Criteria: Low residential density; areas with physical environmental
constraints; areas characterized by full and part-time forestry and
agriculture, but not designated as commercial resource lands. - Deleted: One unit per two acre
zoning is limited to previously
developed areas or as in-fill
development only.
Title: Agriculture - Resource Lands ,
Purpose: To recognize and promote agriculture in Whatcom County and
protect prime agricultural soils and productive agricultural lands
from conversion to other uses. To prevent conflicts between
residential and agricultural uses.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Definition: Commercial agriculture lands located on parcels 40 acres or
larger, with one dwelling unit per 40 acres allowed.
Locational Criteria: Soils identified as prime agricultural soils; large parcels; existing
commercial agricultural uses.
Title: Rural Forestry - Resource Lands
Purpose: To provide flexibility in use, enabling the landowner to live on the
land and practice forestry and forestry-related industry.
Definition: Lands used primarily for growing trees with some low-density
residential development.
Locational Criteria: Lands useful for growing trees for commercial timber production;
usually located within public service districts; accessed by private
roads built to Whatcom County development standards or public
roads; low-density residential development; land parcels generally
20 acres or greater in size; property often in tax deferred status.
Title: Commercial Forestry - Resource Lands
Purpose: To provide land base for commercial forestry activities and provide
predictability of future land use to forest land owners.
Definition: Land primarily devoted to commercial timber production.
Locational Criteria: Land primarily devoted to growing trees for long-term commercial
timber production; located outside public service districts such as
fire and water; accessed by private or state forest roads; parcels
generally 40 acres or larger in size; land in tax deferred status.
Title: Mineral Resource Lands - Resource Lands
Purpose: To ensure a long-term supply of mineral resources and provide
predictability in land use.
Definition: Lands of long-term commercial significance for the extraction of
minerals.
Locational Criteria: Proven mineral resources of long-term commercial significance,
low density rural areas, designated Agricultural lands generally
with Non-Prime Farmland Soils and when demonstrated to be of
higher value as a mineral resource than as an agricultural
resource; and designated Forestry lands of higher value as a
mineral resource than as forestry resource.
Title: Public Recreation
Purpose: To provide the public with open space and recreational
opportunities; to protect conservation areas.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Definition: Areas with unique scenic or recreational amenities.
Locational Criteria: Parcels owned or managed by public or private agencies for
recreational or conservation use.
Title : Special Study Areas
Purpose: To indicate areas where regional planning efforts are a high
priority and necessary in order to address important local issues in
greater detail .
Definition: Includes the Lake Whatcom Watershed and certain areas within
the Lummi Reservation .
Se-number Goals and Policies in the remainder of Chapter Two as needed4
Chapter Five
UTILITIES
Policy 5N-3: Transmission pipelines are discouraged in urban growth areas,_ - - Deleted: , small towns, crossroads
andpreas of intense rural development which would render such commercial,
pipeline siting inappropriate. Deleted: other
Policy 5P-3: Discourage extension of urban levels of water service to areas not
designated as urban growth areas, or Rural Communities, except _ , - - { Deleted: , industrial areas (including
in those limited circumstances shown to be necessary to protect
basic public health and safety and the ,nvironment and when , - - Deleted: Gateway Industrial
such services are financially supportable at rural densitieis and do Transportation Corridor), Small
Towns or Resort/Recreational
not permit urban development. . Subdivisions
Policy 5T- 1 : Discourage extension of sewer lines in areas not designated as
urban growth area; or Rural Communities, except in those limited _ , - Deleted: , Small Towns,
circumstances shown to be necessary to protect basi public Resort/Recreational Subdivisions,
health nd safety and the environment andwhen such services Deleted: the Gateway Industrial
� Transportation Corridor, unless there
are financially supportable at rural densities and do not permit " • are serious
urban development. ' '( Deleted: or environmental concerns
Policy 5T-2: For those areas designated ps ,Rural Communities and wishing to , - - { Deleted: for inclusion
infill , work with the communities to create sewer and water ~Deleted: a Small Town or
Resort/Recreational Subdivision
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•
Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
districts as necessary to manage both utilities. Public water and
sewer service shall be limited to areas where existing lot sizes and
development patterns make public water and sewer appropriate
and shall not be extended outside of the boundaries of the ,Rural _ - - - l Deleted: Small Town or
Community. l Resort/Recreational Subdivision
Policy 5T-3: Assist sewer and water districts in environmental review and
mitigation and in preparing grant applications to obtain package
sewer services that can be developed in a phased and cost- Deleted: Small Towns,
effective manner to serve , lesigpated Rural Communities. Resort/Recreational Subdivisions,
and industrial areas (including the
Gateway Industrial Transportation
Corridor)
Chapter Six
TRANSPORTATION
Policy 6D-4: Direct transportation planners to evaluate positive and negative
impacts to the productivity of resource based industries when
planning transportation corridors. Transportation improvements in .. - -f Deleted: creating new, or expanding
areas designated "Resource Lands" should be constructed to ll existing,
facilitate the operations of those affected areas and industries.
Policy 6D-6: Encourage new housing developments to be located in urban
growth areas to help provide a sense of community and safe, non- _ _ - l Deleted: and small towns
motorized transportation to community facilities and public transit
nodes.
Policy 6N-5: Coordinate with Whatcom Transportation Authority to establish
rural transit service in unincorporated areas, including ,Rural - - - { Deleted: Small Towns and
Communities, consistent with county land use plans, based on l Crossroads Commercial areas
cost effectiveness, location of major trip generators, distance
between generators, and the needs of transit-dependent
individuals.
Policy 6P-4: Support commercial and industrial development adjacent to aajor _ - - -{ Deleted: existing
transportation corridors, including 1-5 and rail and air facilities
within urban growth areas, as long as such facilities do not reduce
safe, efficient movement of vehicles in Whatcom County.
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Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
Chapter Seven
ECONOMICS
Policy 7K-2: Designate adequate zoning to allow business and industrial
Deleted: , including the Interstate-5
development where it is needed and most appropriate? corridor
Policy 7K-3: Locate new commercial or industrial development along Guide
Meridian yvithin designated urban growth areas, Rural Community _ _ - - { Deleted: at key intersections
LAMIRDs, and Rural Business LAMIRDs in a manner that does
not disrupt the Guide's regional transportation function .
Chapter Nine
RECREATION
Specialized Recreation. Areas
Specialized areas include nature interpretative centers and small park sites, including
I those related to Urban Growth Areas, aural Communities, and neighborhood , . - 4 Deleted: small towns
developments.
RECREATION - ACTION PLAN
9. In keeping with policies in other chapters of this plan, develop a mechanism for
ensuring the provision of neighborhood parks in accordance with appropriate
standards when residential areas are developed outside of incorporated areas.
In the residential UGAs not associated with cities, ,nd jn Rural Communities, _ - Deleted: suburban enclaves
mechanisms are needed for acquisition, development and subsequent Deleted: small towns
maintenance and operations. Community Associations and Park Districts are
options to be explored .
Chapter Ten
DESIGN
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•
Exhibit A: Whatcom County Comprehensive Plan April 26, 2011
Proposed Amendments County Council Final Draft
BACKGROUND SUMMARY
Sense of Place
Among the elements which define a sense of place and which are particularly essential
to examine, protect, and enhance are Places, Spaces, Focal Points, Gateways,
Corridors, Connections, Edges and Transitions. All of these are perceptual elements
common to most every natural or built place. They are among the most important and
dynamic elements of an environment which enable us to distinguish, qualify, and identify
one place as separate from another yet related to the whole. These elements can be
perceived or applied to design of a diversity of land uses typical to Urban Growth Areas,_ - - - { Deleted: , Small Towns, Crossroads
or Rural Communities; maintenance of the integrity of our rural setting; sensitive
utilization our natural resource lands - aquifer recharge areas, agricultural lands, forest
lands, and our waters; and they are among the integral structural components of
site-specific environments we design to accommodate our recreational activities,
housing, public facilities and transportation facilities.
GOAL 10B: As J2ural Communities evolve, utilize design tools and .- - Deleted: Small Towns
decisions which are sensitive to and compatible with the
positive character of the surrounding natural setting.
Gateways, Corridors, and Connections
Gateways, corridors, and connections are important as we pass from one identified
place to another. The act of entering or leaving is an essential element in establishing
the sense of place. Whatcom County is blessed with a number of natural corridors and
important gateways such as the 1-5 entry from Skagit County through the Chuckanut
Mountains or the U .S ./Canadian border crossings. Opportunities and problems should
be recognized, associated with the following :
• human and natural gateways
• viewpoints and vistas
• river and stream corridors
• wildlife corridors
• utility easements
• traffic noise
• commercial signage
• links between urban growth areas and Rural Communities { Deleted: small towns
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County residents describe rural character and lifestyle as open space, quiet
areas/privacy, largely agricultural and forestry orientation , peacefulness , sense of
community, low-density population , less noise and congestion than found in urban
areas , natural landscape, and greater self-determination of property use. With a rapidly
increasing population in Whatcom County, maintaining the rural lifestyle currently
enjoyed by county residents becomes more challenging . County residents generally
believe that the current zoning and land use patterns of one or more houses per acre
may not maintain the rural character of Whatcom County.
One way of preserving rural lifestyle is allowing flexibility in design of subdivisions. One
method is to enable and encourage cluster development. Another is to allow density
transfers between parcels in rural areas and from rural areas to Urban Growth Areas .
Both methods provide economic flexibility to the individual property owner, promote
economical lot design , conserve natural resources and environmentally fragile areas ,
retain future options with respect to land use decisions, and maintain the low density
"rural" character of the area .
In addition , residents indicated that 45 years from today they would like to see 75% to
90% of the land (excluding National Forest and National Park land) in Whatcom County
zoned for use as rural , forestry, and agriculture lands . Currently, over 92%of the land in
unincorporated Whatcom County is zoned rural , forestry or agriculture.
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Policy 2DD-2 : Adopt mandatory and incentive programs, such as purchase of
development rights , transfer of development rights , and tax
deferrals, to achieve desired land use policies in
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Policy 2DD-3: Provide landowners with incentives and options to develop their
property at densities that may be less than the underlying zone .
Policy 2DD-4: Support cluster housing in rural subdivisions.
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. Currently, most light industry is located along Guide Meridian , along the Interstate-5
corridor, or in urban areas. Expanding light industry in other parts of the county would
generate revenue for local school districts and increase the tax base . Results from the
Visioning Process encourage the establishment of a Business/Light Industrial Park or
Rural Industrial areas in the eastern part of the county where appropriate as long as the
industry does not negatively impact surrounding uses or the environment and/or degrade
water quality. The intent is to provide job opportunities close to unincorporated urban
growth areas
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neighborhood commercial businesses in Small Towns throughout Whatcom County.
Policy 2FF-3: Limit strip development and the size and number of Crossroads
Commercial businesses to avoid traffic problems .
Policy 2FF-4: Support
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Locate the resource-based industries near small towns or crossroads communities .
Resource-based industries with up to fifty employees may be
approved by conditional use, provided that the industry processes
agricultural or forestry products that are predominantly locally
grown .
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5 : Retain existing tourist/resort/small town commercial designations throughout
Whatcom County.
Policy 2FF-6
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, or infringe on productive agricultural and forest land
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Lummi Island
Whatcom County includes four islands within its exterior boundaries. Chuckanut Island
is a small island which is a nature preserve, Portage Island is under Lummi Nation
jurisdiction ; however, Lummi Island and Eliza Island have resident populations .
Lummi Island , which is 8 .8 square miles and served by a ferry from the mainland , has
had an adopted land use plan since 1979. Approximately half of the island is a steep
lowland mountain which is planned and zoned for forestry uses. The other half is rolling
lowland area which has been designated for low density residential development varying
from one unit per three acres to one unit per five acres depending on location relative to
an aquifer. The general results from the Visioning Process reflected a desire for Lummi
Island to maintain its present planning , but to have better enforcement of the zoning
regulations. Open spaces and thoughtful development of the land were important to
them in the context of the existing rural zoning . Adoption of an updated Lummi Island
Subarea Plan is anticipated by 2004.
Goal 2GG : Recognize Lummi Island as a unique area that does not
readily fit within the urban - rural categorization .
;.
Policy 2GG-1 : Consider the possibility of including crossroads commercial
services for Lummi Island .
Policy 2GG-2 : Encourage cluster housing and other innovative development
techniques on Lummi Island .
Policy 2GG-3: Encourage provision of transit service to Lummi Island .
Small Towns and Crossroads Communities
Whatcom County has several unincorporated areas that can be characterized as
crossroads communities and small towns. Population ranges from a few houses or just
a store, to self contained communities of a few hundred people. These communities
grew up serving the agricultural and ti
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services . Today the areas are characterized by grocery, fuel , food service, churches,
some lodging , community halls and service facilities . Schools and fire stations often are
located in these areas or nearby. In addition to serving the agricultural and timber
community, some of these areas have taken on a new role, that of serving the tens of
thousands to hundreds of thousands of tourists which visit Mount Baker and the foothills
for both winter and summer recreation .
Northeastern Towns
Glacier and Maple Falls are the closest towns to Mount Baker. The communities are
within the greater Vancouver, B . C . recreation area and serve a regional population of
more than 1 .5 million Canadian residents
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as well as Whatcom County and out-of-area tourists to the Mount Baker recreation area .
Increasing
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activities have increased the demand for additional food , fuel
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tourist services in the northern small towns , including restaurants , motels and rental
housing. This increased demand
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is expected to continue. Thus the northeastern towns provide vital support for the tourist
industry which is a significant part of the County economy. The towns, existing and
planned , also serve the needs of several existing recreational plats located at or near the
entrance to the National Forest. Small towns in this area typically occupy an area of
about a quarter mile, and are generally constrained by physical limitations. For example ,
Glacier is built in a flood , landslide , alluvial fan , and volcanic hazard zone, and
development of this area should be discouraged .
Water supply for both potable water and fire flow is available (either presently or can be
obtained , e .g . transfer of rights) . Further, at the limited scale envisioned for small towns,
sewer can be accommodated through on-site facilities or local districts. Roads would
not be significantly
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impacted by limited intensification or infill , as the towns serve and accommodate the
already growing
Page 9: pm Deleted whatcom 4/19/2011',9 34:00 AM
visitor traffic and capture the pass-by traffic and reduce the need to travel into the
National Forest and
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then travel back out to a larger community to find food , fuel and overnight
accommodations.
A "Sun Mountain Lodge" or "Skamania Lodge" type and scale resort at or near the small
towns would aid the economic stability of the area . Most of the dollars brought into the
area are from Canada and outside Whatcom County. The impact of such growth on
schools would be negligible due to the limited permanent population of school age
children and the added assessed value would serve to replace dollars lost due to the
reduction in the timber industry activity which is expected to be long term . The Glacier
and Maple Falls boundaries have been sized to reflect existing development.
Located on the North Cascade Highway and surrounded by National Park, Newhalem
and Diablo are essentially company towns owned by Seattle City Light as support
facilities for their hydropower plants in the North Cascades . Permanent planning and
zoning designations have been established for these areas which reflect the
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provided for the future needs of Seattle City Light. The population is minimal , stable and
totally comprised of Seattle City Light employees.
The Central Communities
Acme and Deming have historically served both agricultural and timber industries in the
eastern portion of the county and continue to do so . Both also support the growing
tourist industry as they are at the access of the southern foothills of the Cascades in the
County and see tourist activity both winter and summer. By some accounts , tourist
activity can be double the base activity for local businesses. The boundaries of both
Acme and Deming have been sized based on the areas characterized by existing
development and logical extensions of the present service areas . As with the small
towns farther east, adequate water supplies and fire service are available or obtainable
and on-site sewer can support limited infill and intensification. Ability to serve
requirements will assure that facilities and utilities are available to serve proposed new
development. Deming appears particularly suited to the type of small scale
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development contemplated by the County's recommended new rural industrial use
provisions . Deming is located in a flood plain , and development should be consistent
with the County Flood Hazard Reduction Program . Acme is situated in a flood hazard
and alluvial fan hazard area , and development should be consistent with the Nooksack
Flood Hazard Reduction Program and any alluvial fan hazard programs associated with
Jones Creek and other alluvial fans in the area .
Western Towns
Custer is a small unincorporated population center, formed at a major crossroads along
a main railroad line early in the county's history. Custer has retained a small town
character and a certain visual charm because of its older, dense, commercial center,
and has legal status as a "Town" under state law. As with the small towns farther east,
adequate water supplies and fire service are available or obtainable and on-site sewer
can support the limited expansion contemplated . Ability to serve requirements will
assure that facilities and utilities are available to serve proposed new development.
Goal 2HH : Ensure the economic
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viability of small towns in rural areas for their importance in serving
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lands as well as tourist activity.
Policy 2HH- 1 : Identify the communities of Glacier, Maple Falls , Custer, Deming ,
and Acme as Small Towns with commercial centers catering to
local residents and tourists .
Policy 2HH -2 : Designate approximate town boundaries based on the areas
characterized by existing development and logical extensions of
the present service areas .
Policy 2HH-3 : Expansion of Small Town designations should only be approved if
appropriate in-filling is occurring a logical outer boundary can be
established in accordance with RCW 36 . 70.070(5).
Policy 2HH-4: Encourage development that promotes alternative modes of travel
such as walking, bicycling , and public transit.
Policy 2HH-5 : Encourage cottage industries, home occupations , light industry,
crossroads commercial , and other retail businesses in small
towns.
Policy 2HH-6 : Work with Whatcom Transportation Authority (WTA) to develop
bus service connecting the small towns with employment and
retail centers .
Policy 2HH -7: Support the preservation of the historic character and cultural
resources listed in the National Register of Historic Places at
Newhalem , Diablo, and other Seattle City Light managed
properties .
Policy 2HH-8: Retain existing zoning in small towns and allow in-fill subject to
adequate road capacity, water supply and sewer service or the
ability to utilize septic systems. Limit other services to rural
service levels.
Crossroads Commercial
Crossroads commercial centers include Van Wyck, Hinote's Corner, Nugent's Corner,
and others shown on the map . These areas provide necessary goods and services to
the surrounding rural areas . The commercial centers have been designated to reflect
existing facilities and logical service areas. Fire and water service capability are the
principle constraints on development and County development regulations will require a
certificate of service availability from the local fire district as a condition of commercial
development in the crossroads commercial centers . Adequate water for fire flow is a
component of adequate service.
GOAL 2JJ : Reflect the existing facilities and service areas in Crossroads
Commercial designations.
Policy 2JJ-1 : Require proof of adequate fire, water, sewer or septic, and road
service capability as a condition of commercial development in the
Crossroads Commercial centers .
Policy 2JJ-2 : Locate Crossroads Commercial designations at existing
crossroads where commercial uses exist in accordance with RCW
36 . 70A. 070(5).
Policy 2JJ-3: Minor expansion amendments to Crossroads Commercial
designations should only be approved if appropriate in-filling is
occurring and a logical outer boundary can be established in
accordance with RCW 36 . 70A.070(5).
Policy 2JJ-4 : Infill should be visually compatible with the surrounding rural area
and the conversion of undeveloped land into low-density sprawl
developments will be discouraged . The county will also protect
against conflicts with the use of agricultural , forest, and mineral
resource lands designated under RCW 36 .70A. 170. The county
will support the opportunities for small-scale, rural-based
employment and self-employment; permit the operation of rural-
based agricultural , commercial , recreational , and tourist
businesses that are consistent with existing and planned land use
patterns . Businesses must foster the private stewardship of the
land and preservation of open space; and enhance the rural sense
of community and quality of life ( RCW 36 . 70A. 011 ).
Resort and Recreational Subdivisions
Outside the urban growth areas of the county are several areas which were originally
developed as resort or recreational communities . The principal features of these sites
are existing plats or lots , often with substantial recreational development, but without the
density, population or services which would enable development as a city at this time .
The recreational subdivision designation has been applied to four main sub-regions of
Whatcom County; Point Roberts , Mount Baker Foothills, Eliza Island and the Lake
Whatcom area .
Point Roberts
Point Roberts is a 4.9-square-mile peninsula extending south from lower British
Columbia . A comprehensive subarea plan was completed in 1990 and revised in 2001 .
While the zoning in the 1990 Subarea plan reflected a largely platted and patchwork
pattern , the 2001 revised Subarea Ran served to bring consistency to the zoning
classifications while focusing commercial development into a Town Center located on
Gulf Road .
While the Canadian influence is recognized throughout Whatcom County, the
relationship is particularly strong in Point Roberts where the economy and level of
development activity are driven by the strength of the British Columbia economy. Point
Roberts had a large day visitor population estimate of between 10 ,000 to 15, 000 in
2001 . According to the Census , there were 1 ,820 housing units in Point Roberts in 2000 .
Seasonal residents accounted for approximately 70% of the population in 2000
(Whatcom County 2001 Point Roberts Subarea Plan , p. 18) .
The Point Roberts Water District purchases its water from the Greater Vancouver Water
District (GVWD) and is limited to a maximum usage of 840 ,000 gallons per day. Based
on this limitation, the Washington State Department of Health has approved up to 2 ,048
total connections to the water system . In 2001 , there were approximately 1 , 825 water
connections, leaving approximately 223 new connections available. It is estimated that
the water district will have adequate supply for the near term ; however, service capacity
for the 20-year planning horizon may require re-evaluation of current allocations,
systems operations , or possible revision of the GVWD contract. The water district also
manages a community drain field that serves the Point Roberts Marina. Much of Point
Roberts is served by on-site sewage systems; however if public sewer service were
available to the resort and recreational areas_development potential is estimated at
approximately 2 ,400 dwelling units , accounting for vacant lots within previously platted
land as well as undeveloped land .
Mount Baker Recreational Region
Between 1968 and 1978, approximately 5000 second home sites, trailer lots or units
were platted or constructed within the Mount Baker Foothills region of Whatcom County.
Rising popularity of outdoor recreation , expanded public facilities and the five-hour round
trip travel time from Vancouver to the Mount Baker ski area fostered a market demand
for overnight lodging . With few resort or cabin units available prior to 1968, recreation
subdivisions , camper clubs and condominiums were developed to fill the demand . In
addition , during this period the British Columbia government placed a moratorium on the
private purchase of B .C . land for recreational use. This policy, combined with
substantially lower land prices in neighboring Whatcom county and crowded recreation
facilities in Canada , persuaded many Canadian citizens to buy land here for both
recreation and investment.
A number of recreational subdivisions are located within the Mount Baker region , the
G len at Maple Falls, Mount Baker Rim , Snowline, and Glacier Springs.
G nowline and Mount Baker Rim border the Mount Baker National Forest, just east of
G lacier. The subdivision of Snowline has approximately 300 lots on 68 acres . It has
about 199 dwelling units occupied mostly for recreational use . Mount Baker Rim has
approximately 520 lots, with at least 239 developed with cabins or manufactured homes .
Remaining lots are either vacant or used as sites for recreational vehicles. Snowline
and Mount Baker Rim are served with public water by Whatcom County Water District
14 . There is no sewer service and lots utilize individual or community septic systems.
G lacier Springs is located along Canyon Creek, a few miles west of the town of Glacier.
It is comprised of a 95 acre recreational subdivision with 285 lots of record , but presently
with about 52 developed lots. It does not have sewer service but is served water by the
G lacier Springs Water Association . Permanent use of this subdivision is limited by the
presence of an alluvial fan arising from Canyon Creek.
Approximately one mile southwest of Maple Falls on Mount Baker Highway is the Glen
at Maple Falls, a resort community of 1 , 220 lots and used primarily for travel trailers
mounted on permanent foundations . The Glen at Maple Falls consists of a mix of year-
round and seasonal residents . The community is served by a private water association
and relies on individual or community septic systems .
Lake Whatcom Region
The Lake Whatcom Region includes Cain's Lake and Glenhaven Lakes, two major
subdivisions originally created primarily for recreational use around Cain and Reed
Lakes, and Camp Firwood .
Although the Cain's Lake and Glenhaven Lakes subdivisions are located just south of
Lake Whatcom , they are actually within the Samish River drainage basin . In 1941 , the
area around Cain Lake was subdivided into 131 lots . A series of Glenhaven Lakes
subdivisions were subsequently approved in the 1960s creating a total of 1 ,412 lots for
the entire area . Many of these lots have not been built upon . In 1990 , there were 204
dwelling units ; however, there were only 333 permanent residents . In 2002 , there were
628 houses . The Glenhaven Lakes Club Water Association is approved for a total of
909
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connections . At the present time the Glenhaven plats are not able to develop
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at full density due to terrain and natural physical limitations which will provide a
significant limit on overall growth and buildout
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Camp Firwood is a recreational camp facility that is located on 118 acres adjacent to the
western shore of Lake Whatcom . The camp has 30 cabins, a dining hall , amphitheater
and additional support buildings. Camp Firwood also provides many recreational
amenities , including multiple water activities and a challenge course.
Eliza Island
Eliza Island is located off the southeast corner of Lummi Island in Bellingham Bay. It
contains 3. 1 miles of mostly pristine shoreline and 158 acres of upland . Most of the
island was platted in 1961 into 139 residential parcels and five community tracts,
covering all of the island except for a federal lighthouse reserve at the southern end .
Approximately 84 cabins have been built, which are used mostly as weekend or summer
get-aways . Private camping also takes place on some of the undeveloped lots. A water
de-salinization plant provides a source of water for future development of existing lots .
Access to the island is by private or chartered boat or planes . The 1 ,510 foot-long
airstrip is suitable for small propeller plane use only during daylight hours . A subarea
plan and implementing zoning , receiving broad consensus from the community, was
adopted in May 1994.
GOAL 2KK: Recognize the existing mixture of recreational and residential
development of resort and recreational subdivisions and
ensure that future growth can be serviced appropriately.
Policy 2KK-1 : Require unplatted areas to obtain "ability to serve" letters from
schools , water and fire districts and demonstrate adequate road
capacity in order to receive county approval for new development.
In addition , any new building permits on existing lots must be able
to demonstrate that the water service is available to provide
adequate water as a precondition to the issuance of a permit.
Policy 2KK-2: Recognize the diversity of the different developments and the
differing goals of the residents while working with the community
associations to establish common ground .
Policy 2KK-3: Work with property owners within the developments around Cain
and Reed Lakes to develop an alluvial fan hazard management
plan .
Policy 2KK-4 : Where appropriate, pursue voluntary density reduction through
incentives such as voluntary lot consolidation .
Policy 2KK-5 Expansion of Resort and Recreational Subdivision designations
should only be approved if appropriate in-filling is occurring and a
logical outer boundary can be established in accordance with
RCW 36 .70A. 070(5) .
Suburban Enclaves
The suburban enclaves are comprised of rural residential areas which are not urban or
likely to develop into urban areas during the planning period . These include Chuckanut,
North Bellingham , Lake Samish , and Fort Bellingham , as well as other small non-
conforming areas located throughout the county.
Chuckanut/North Bellingham
Chuckanut and North Bellingham both share a close proximity to urban areas and an
historic development pattern significantly below the four units per acre. considered
"characterized by urban growth". In both cases , the historic development patterns and
parcelization are at about one unit per acre. In the Chuckanut area , steep slopes provide
significant limits to future development, as do shoreline regulations . Schools , roads,
water and fire service are or can be made available to the present community and would
not be unduly taxed if development within the defined areas were to continue at the
present and historic patterns.
Local communities, Bellingham for the Chuckanut area and Ferndale for North
Bellingham , have reviewed the potential for urban scale development and incorporation
into the urban growth boundary. In both cases the cities concluded that incorporation in
the urban growth areas was not appropriate.
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Lake Samish
Lake Samish grew up as a recreational lake with many small lots used for summer
cabins . Over time the individual lots were sold and the area is developing a sizeable
permanent population . The lake is close to but not within the Bellingham Urban Growth
Area . Rural residential densities accurately reflect the existing parcelization along the
lake and along the road immediately adjacent to the lake. Within this pattern ,
approximately 68 percent of the Samish enclave is already developed at more than one
unit per acre densities. Portions of the Lake Samish area were re-designated from
Suburban Enclave to Rural in 2003.
The Samish Water District provides sewer service to the homes around the lake and
delivers the sewage to the City of Burlington in Skagit County. Because of concerns
regarding use of direct surface water withdrawals from Lake Samish as a primary source
of drinking water, there has been discussion of converting the district to a water and
sewer district. There are presently four small water associations in the area with the
majority of homes relying on withdrawals from the lake or private wells .
Fort Bellingham
Fort Bellingham is an area that lies on the bluff at the north end of Bellingham Bay,
straddling both sides of Marine Drive. Its western boundary is the Lummi Reservation
and Nooksack Delta area . Its northeast boundary is generally the Curtis Road/airport
area and the Cliffside neighborhood . It includes Smith Gardens , a major flower-growing
operation ; a generally developed neighborhood on the bluff; a large underdeveloped
area ; an undeveloped lowland area which is part of the Nooksack Delta , and the
community of Marietta on Marine Drive. In 2002 , there were approximately 306
dwellings within the 587 acre Suburban Enclave.
Additional Areas
Additional areas have been included as Suburban Enclaves as depicted on Map 8 .
These areas all share a common pattern of previously platted lots. Map designations
have been made to confine development within existing boundaries or zones. Allowing
in-fill of the enclaves would have a negligible impact on the otherwise natural resource
related land uses, and would result in the most efficient long term use of these
historically patterned areas . The total acreage of Suburban Enclaves is approximately
1 .6% of the non-federal land in unincorporated Whatcom County.
GOAL 2LL: Identify suburban enclaves which are unlikely for inclusion in
future urban growth areas at this time.
Policy 2LL-1 : Require new developments to provide "letters of service"
availability from water, school and fire districts prior to final plat
approval .
Policy 2LL-2 : Confine development to existing zoning in suburban enclaves and
allow in-fill subject to adequate road capacity, water supply and
sewer service or the ability to utilize septic systems . Limit other
services to rural service levels .
Policy 2LL-3: Work with major landowners and neighbors in these areas to
ensure any future development is compatible with its surroundings
and utilizes the land in an efficient manner.
Policy 2LL-4 : Minor expansion amendments to Suburban Enclave designations
should only be approved if appropriate in-filling is occurring and a
logical outer boundary can be established in accordance with
RCW 36 . 70A.070(5).
Page 17: [26] Deleted whatcom 3/29/2011` 3:00:00 PM
Transportation Corridors
Gateway Industrial
The Gateway Industrial area is a transportation related corridor supporting transportation
related warehouse and other uses , some of which have located in an area between the
rail line and Interstate-5 . The property is not used or suitable for resource use and is not
particularly suitable for residential development. The area is characterized by existing
development but lacks significant utility service to warrant an urban designation at this
time.
Goal 2MM : Maintain the existing development in the Gateway Industrial
area and confine further development to warehouse and
transportation/auto travel related activities.
Policy 2MM- 1 : Encourage local utility purveyors to serve the Gateway Industrial
area.
Policy 2MM-2 : Allow in-fill in the Gateway Industrial area subject to adequate
road capacity, water supply and sewer service or the ability to
utilize septic systems. Limit other services to rural service levels .
Guide Meridian
The Guide Meridian is unique for several reasons. North of the Bellingham urban growth
area , the Guide travels about 12 'h miles , through Lynden , to the Canadian border.
Truck traffic increased at all Whatcom County border crossings from 1991 to 2001 . As
the Blaine truck crossing becomes more and more overcrowded , with long waiting times ,
the Guide is becoming a more and more attractive truck crossing alternative. Canadian
Customs & Revenue and the B . C . Province are working together on a plan to convert
the north-bound , Lynden - Aldergrove Canadian border station to a 24 hour commercial
vehicle crossing to accommodate demand imposed by commercial growth in the lower
mainland . U .S . Customs is considering a similar action for their facility, southbound .
Annual auto trips declined at all Whatcom County border crossings from 1991 -2001 as
the result of a weak Canadian dollar. However, when the Canadian dollar is strong ,
increased auto traffic at the Blaine Peace Arch crossing can make the Lynden-
Aldergrove crossing more attractive. Additionally, the city of Abbotsford is a significant
urban area located just north of the Sumas border crossing . Both auto and truck traffic
crossing the border at Sumas can utilize the Guide Meridian as a route to Bellingham
and Interstate 5 .
The Washington State Department of Transportation is projecting international traffic
loads that will warrant up to a five lane configuration within the 20 year planning horizon .
of this plan ( Washington State Highway System Plan 2003-2022, Feb 2002 , p. K-9). For
this reason , the Guide Meridian is designated a "major transportation corridor" .
The designation is designed to alert the community to the proposed expansion and to
guide planning appropriately. County plans should limit direct access to the Guide and
should call for building setbacks that will permit the needed widening without destroying
new buildings . Acquisition of right-of-way for widening would be through appropriate
state processes once the corridor studies are completed .
Presently, along the Guide, numerous commercial service establishments exist which
provide services to the surrounding countryside and to the traveling public. The areas
are characterized by existing commercial growth and a mix of urban and rural facilities.
The creation of water service areas to obtain commercial fire flow and development
standards to require the creation of frontage roads or co-located drives to reduce the
direct access to the Guide will reduce the potential for future conflict while permitting
reasonable uses of existing lots . In addition , the Guide Meridian Corridor is designed
with a depth intended to permit a substantial setback for all buildings (at least 100 feet
from the present centerline) to permit the state to conduct its corridor study and right-of-
way acquisition without interference from new buildings .
GOAL 2NN : Designate Guide Meridian as a Major Transportation Corridor.
Policy 2NN-1 : Establish land use regulations within a transportation corridor 660
feet on either side of the existing right-of-way to provide for arterial
connection , frontage road requirements, appropriate land uses
and super-setbacks to facilitate and promote through traffic along
the Guide.
Policy 2NN-2 : Protect private property rights from right-of-way acquisition
through just compensation or other appropriate means .
Policy 2NN-3: Limit levels of residential growth along the Guide except in
community urban areas where adequate public facilities are
available. Identify alternative land uses to reduce the potential for
conflict with state and international plans.
Policy 2NN-4: Provide for a variety of land use alternatives with controlled
access and concentrated centers at or branching off from existing
intersections.
Policy 2NN-5 : Between Hemmi Rd . and W. King Tut Rd . , between the Wiser
Lake area and Lynden and from Lynden north to the limited
commercial area at the border, maintain the existing agricultural
zoning designations.
Policy 2NN-6 : In cooperation with the Washington State Department of
Transportation , plan for access management along the length of
this corridor in order to maintain acceptable traffic flow in terms of
safety, capacity, and travel speed while still providing an
appropriate level of access .
Policy 2NN-7: Consider additional industrial development if there is a
demonstrated community need , appropriate in-filling is occurring
and a logical outer boundary can be established in accordance
with RCW 36.70A. 070(5).
Policy 2NN-8: With citizen involvement, develop design criteria and appropriate
uses along the Guide Meridian corridor (300 feet on each side of
the right-of-way, excluding the road itself) that minimize impacts
on local communities.
Page 23: [27] Deleted slIdutz 3/15/2011°4:04:00 PM
Title: Small Towns - Rural
Purpose: To acknowledge locations remote from urban centers that support
the local economy by providing goods and services to residents
and tourists.
Definition : Small communities with mixed tourist commercial , residential ,
resort, or public land uses.
Locational Existing small community or resort centers with adequate
services,
Criteria : including water and sewer which can be cost-effectively provided ;
near existing transportation routes ; characterized by commercial
uses and higher densities than surrounding rural areas.
Title : Crossroads Commercial - Rural
Purpose : To provide commonly desired goods and services near
unincorporated or small population centers.
Definition : Small concentrations of businesses meeting local area service
needs . Such uses as gas stations, neighborhood general stores,
and restaurants would be included .
Locational Central to rural populations ; commercial areas should be located
near
Criteria : arterial routes and fulfill a need for goods and services in that
area .
Title: Resort and Recreational Subdivisions - Rural
Purpose : Recognize the existing mixture of recreational and residential
development of resort and recreational subdivisions and ensure
that future growth can be serviced appropriately.
Definition : Resort and Recreational Subdivisions are large subdivisions
originally created to primarily serve recreational or resort land
uses and that continue to attract and maintain such uses.
Locational Existing large scale recreational subdivisions.
Criteria :
Title: Suburban Enclaves - Rural
Purpose: To ensure efficient land use by allowing in-fill at suburban
densities in areas already characterized by such development.
Definition : The suburban enclaves are comprised of rural residential areas
that are not urban or likely to develop into urban areas during the
planning period .
Locational : Areas characterized by development at densities averaging one
unit per
Criteria : acre and served or partially served by public roads, sewer or
water, or other public services or facilities .
Title: Transportation Corridors — Rural
Purpose: This designation is designed to alert the community to proposed
transportation corridor related expansion and to guide
developments appropriately.
Definition : Transportation Corridors are areas in demand for transportation
related services and improvements where planning is underway or
is anticipated .
Locational Land not used or suitable for or residential development. Areas
Criteria : characterized by existing transportation-related development but
lacking significant utility service to warrant an urban designation at
this time.
Rural Element Ordinance April 26, 2011
EXHIBIT B
Zoning Code Amendments
REDLINE
Exhibit B : Whatcom County Code, Title 20 April 26, 2011
Proposed Amendments County Council Final Draft
DRAFT Title 20 Chapters Affected by Rural Element Update
20.04 General Provisions
20.04: 060 Establishment of districts.
For the purpose of furthering the goals and policies of the Comprehensive Plan and
to carry out the provision of this title, Whatcom County is hereby divided into the
following districts :
Chapter Abbreviation District
20 . 20 UR Urban Residential
20 . 22 URM Urban Residential Medium Density District
20 . 24 UR-MX Urban Residential Mixed District
20 . 32 RR Residential Rural
20 . 34 RR-I Rural Residential-Island
20 . 35 EI Eliza Island District
20 . 36 R Rural
20 . 37 TZ Point Roberts Transitional Zoning District
20 . 38 APO Agriculture Protection Overlay
20 .40 AG Agricultural
20 . 42 RF Rural Forestry
20 . 43 CF Commercial Forestry
20 . 44 ROS Recreation and Open Space
I20 . 59 RGC Rural General Commercial
20 . 60 NC Neighborhood Commercial
20 . 61 STC Small Town Commercial
20 . 62 GC General Commercial
20 . 63 TC Tourist Commercial
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20 . 64 RC Resort Commercial
20 . 65 GI Gateway Industrial
20 . 66 LII Light Impact Industrial
20 . 67 GM General Manufacturing
20 . 68 HII Heavy Impact Industrial
I20 . 69 RIM Rural Industrial- Manufacturing
20 . 70 AO Airport Operations
20 . 71 Water Resource Protection Overlay District
20 . 72 Point Roberts Special District
20 . 73 MRL Mineral Resource Lands Special District
20 . 74 CP Cherry Point Industrial District
20 . 85 PUD Planned Unit Development
20. 13 Wireless Communications Facilities
20. 13.050 Siting priorities and prohibited locations.
( 1 ) In reviewing applications for new wireless communication facilities the
approving authority shall evaluate the proposal in relationship to the following siting
priorities and prohibited locations . Unless the facility will be located at the highest
priority location, the applicant shall demonstrate that :
(a) None of the higher priority locations are available or;
( b) If one is available it is not a feasible location for the proposed facility ; or
(c) If feasible, the location is less desirable than the one proposed from the
standpoint of minimizing impacts on surrounding land uses .
( 2) For the purpose of this section :
(a) Residential related districts shall include Urban Residential (UR) , Urban
Residential Medium (URM ) , Urban Residential Mixed (UR- MX) , Eliza Island (EI) ,
Neighborhood Commercial , (NC) Rural Residential (RR) , Rural Residential Island
( RR- 1 ) , and Rural ( R) Districts ;
( b) Commercial districts shall include Rural General Commercial ( RGC) , General
Commercial (GC), Resort Commercial ( RC) and Tourist Commercial (TC) districts
only ;
Page 2 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
(c) Industrial districts shall include Heavy Impact Industrial ( HII) , Light Impact
Industrial ( LII) Gateway Industrial (GI) , Rural Industrial & Manufacturing ( RIM ) ,
General Manufacturing (GM ) , Airport Operations (AO) and the Cherry Point
Industrial District (CP-ID) ; and
(d ) Resource Districts shall include Agriculture (AG), Commercial Forestry (CF),
Rural Forestry ( RF) and Recreation Open Space ( ROS) .
( 3) Siting Priorities . Listed in descending order with the highest priority first.
(a ) Collocated attached antennas on nonresidential buildings and structures
including existing wireless communications towers in nonresidential related
districts .
( b) Collocated attached antennas on nonresidential buildings and structures
including existing wireless communications towers in residential related districts
on property not used exclusively for residential purposes .
(c) Attached antennas on nonresidential buildings and structures in
nonresidential related districts .
(d ) New support structures at remote, low visual impact locations in resource
and industrial districts.
(e) Attached antennas on nonresidential buildings and structures in residential
related zones on property not used exclusively for residential purposes .
(f) New support structures at low visual impact locations in commercial districts .
(g ) Locations other than those listed above .
(4) Prohibited Locations .
(a ) New support structures are prohibited on lands within the jurisdiction of the
Whatcom County Shoreline Program .
20 . 14 Wind Energy Systems
20. 14.040 Regulatory framework.
. 041 Permits and Zoning .
System Type Required Permit Zones
MET tower Outright All — for up to
permittedi 24 months
One SWES Outright All
permitted 1
I WES with a rated output of 101 kW up to and Administrative Rural, RIM . AG,
including 500 kW permit2 CF, RF, HII
Page 3 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
Multiple SWES per parcel with a cumulative 'Administrative All
rated output of up to and including 100 kW permit2
WES greater than 500 kW Conditional use AG, CF, RF, HII
permit3
Multiple WES per parcel with a cumulative Conditional use AG, CF, RF, HII
rated output above 100 kW permit3
1 WES and MET towers are required to be in compliance with but not limited to WCC Title
15, Buildings and Construction, and acquire the necessary building permit.
2 Administrative permit, WCC 20 . 84. 235 .
3 Conditional use permit, WCC 20 . 84 . 200.
. 042 Principal or Accessory Use .
A WES may be considered either as a principal or accessory use . A different existing
use or an existing structure on the same lot shall not preclude the installation of a
WES or a part of such facility on such lot. Any WES that is constructed and installed
in accordance with the provisions of this chapter shall not be deemed to constitute
the expansion of a nonconforming use or structure .
20. 20 Urban Residential ( UR) District
20 . 20.010 Purpose.
To promote an orderly transition from rural to urban development, the intent of this
district is to encourage land uses and associated densities in designated Urban
Growth Areas, which will be complementary with future urban densities and
services, while allowing reasonable transition uses of properties. Furthermore, it is
the intent of this district to implement the policies of the Comprehensive Plan . In
addition, it is the intent of this district to provide the opportunity for the
development of building sites which will maximize the efficient use of both energy
and land by allowing an option for clustering of residential lots .
20. 20.015 Applicability.
( 1 ) In short-term planning areas, this chapter shall be fully applicable .
I (2) Outside short-term planning areas, designated on the Comprehensive Plan map, _ _ - { Deleted: , small towns,
this section shall be limited as noted below. Il crossroads commercial areas and JI
resort recreational subdivisions
20. 20. 130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20 . 84 . 235 .
Page 4 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
Deleted: Light fabrication and J
/ assembly provided:
. 133 Jtgserveli. . - Deleted: 1
( 1) These uses are only allowed
. 134 Mini-day care homes .
I in UR designations in small
Y I 1 towns and crossroads
I commercial areas designated on
I. 135 Reserved ., the Comprehensive Plan map.¶
(2) The parcel must access from
I I j a collector arterial or higher
I III standard street. (This could
II
include a shared access.)"
II (3) Minimum parcel size is one-
20. 20. 150 Conditional uses. il half acre.¶
II (4) Individual buildings will be
it limited to a maximum of 10,000
. 151 Public and community facilities including police and fire stations, libraries, . I square feet total floor area
community centers, recreation facilities, and other similar noncommercial uses, , 1 except for existing buildings.¶
excluding correctional facilities other that those listed in WCC 20 . 20 . 184. These �i (5) At least 25 percent of any
I uses shall not be permitted outside of short-term planning area; designated on the ;i spacel (an be laea devoid ofropen
Comprehensive Plan map unless the applicant can demonstrate that there is a need il 1,S structures), accessory facilities,
to locate outside those areas in order to comply with legal requirements or , ' and impervious work issonduced
(6) All work is conducted within
standards; or that the proposed location is the most efficient place for the proposed ; a building, except for loading
use with respect to providing needed services to the public. II ,P and unloading, and no outdoor
I �P storage is allowed .¶
t I, (7) There is no industrial
. 152 Public schools ; and parochial or private schools ; provided such schools shall d discharge to a public sewer or
be approved by the state superintendent of public instruction . I ;� septic system.¶
I if (8) There is no storage or
' ,P handling of hazardous,
. 153 Churches, educational and religious training institutions, summer camps, and II ;i e , highly flammable
materials xplosive which would cause fire,
cemeteries . I ,ri
, P explosion or safety hazards. This
P is to be reviewed by the fire
. 154 Retirement and convalescent homes ; social and health rehabilitation centers ; � �� district prior to approval
I ,P (9) There is no production of
day care centers; mini -day care centers; and adult care centers not in a family I ,o noise at property lines in excess
dwelling ; and other health- related services consistent with the purpose of the ' t of the average intensity of street
district. I ,P and traffic noise found in the
t district.¶
I or ( 10) There is no emission of
. 155 Neighborhood grocery stores only in short-term planning areas designated on ; , dust, dirt, odors, smoke, or( ,._ Di
the Comprehensive Plan map ; provided , that : , Formatted: Font: Verdana i Il
11
t , Formatted: Font: Verdana I
t( 1 ) The gross commercial floor areas, including sales and storage areas, shall not ; Formatted: Font: Verdana
exceed 2, 500 square feet; Deleted: One private,
t
, ' noncommercial, recreational
a areas shall located entire ; vehicle or park model trailer and
(2) Storage hll b l d )g Y within the structure ; however, outside , 1 one accessory guest RV per lot
trash receptacles shall be enclosed and screened from public view; t , within pre-existing recreational
1 I subdivisions of the Foothills
( 3) The owner may have no more than two gasoline islands; Subarea , as listed in WCC ( ,,, 2
' Deleted: , small towns,
1 crossroads commercial areas,
(4) Minor auto repairs may be provided ; however engine overhaul, body and fender t and resort recreational
work, tire recapping and vehicle sales are prohibited ; subdivisions
Deleted: , small towns,
( 5) Hours of operation shall be limited to 7 : 00 a . m . through 11 : 00 p . m . ; aross and reeoads commercial areas,
p . m . ; sort recreational
subdivisions
Page 5 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
(6) Height of the building shall not exceed 28 feet from the average grade ;
(7) The site shall be full fronting on two or more improved public roads or streets;
(8) All lighting shall be designed and installed to prevent the illumination of
adjacent properties during business hours ; however, security lighting may be
permitted during nonbusiness hours if it is designed to prevent the illumination of
adjacent properties ;
(9 ) Not more than two identification signs, not exceeding 40 square feet in area for
each road frontage shall be permitted ; provided , that said sign (s) shall be attached
flush against the building , but shall not project above any part of the roofline nor
extend more than 18 inches from the wall of the building to which it is attached .
Said sign (s) shall be harmonious and compatible in appearance with the character
of the surrounding area . Signs may only be illuminated by an indirect external
source .
20. 20 . 250 Maximum density, minimum lot size and width .
Deleted: within an urban
20 . 20. 251 Minimum lot size„ I growth area
For the purpose of creating new building lots within the Urban Residential District,
several land use densities are herein provided . The minimum lot size requirements
for new construction vary according to the method of subdivision, as well as
whether or not public sewer, water, and , where required by regulation, stormwater
collection and detention facilities serve the project site . Where the lot cluster land
division method is used , the minimum lot size is based on consideration of the
zoning district's setback requirements and the Whatcom County health code
regulations for sewage systems and drinking water, but shall not be less than that
shown below . Where a maximum lot size is imposed , clustered lots shall be as small
as allowed by the health department.
20. 20. 252 Maximum density, minimum lot size and maximum lot sizes - Deleted: within an urban
growth area
Maximum
Maximum Minimum Lot Size Lot Size Min . Reserve
Gross Conventional Cluster Cluster Area (Cluster
District Density Lots Subdivisions)
UR : all densities Maximum N/A* 8, 000 22, 000 sq . 80%
without public gross sq . ft. ft.
sewer and density : 1
water* * dwelling
unit/ 10
Page 6 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
acres
U R : in Lake Maximum 5 acres N/A N/A N/A
Whatcom density : 1
Watershed with dwelling
public sewer unit/5 acres
and water, and
stormwater
collection and
detention
facilities
U R : all densities Maximum N/A* 8, 000 22, 000 sq . 80%
outside short- gross sq . ft. ft .
term planning density : 1
areas** dwelling
u nit/ 10
acres
U R : all densities Maximum N/A* 8, 000 22, 000 sq . 80%
with public gross sq . ft. ft .
sewer or density : 1
water** dwelling
u nit/10
acres
U R-3 : in short- Maximum 12, 000 sq . ft. 8, 000 N/A 25%
term planning gross sq . ft.
areas with density : 3
public sewer dwelling
and water, and units/ 1 acre
stormwater
collection and
detention
facilities
U R-4 : in short- Maximum 8,000 sq . ft. 6, 000 N/A 20%
term planning gross sq . ft.
areas with density : 4
public sewer dwelling
and water, and units/ 1 acre
stormwater Minimum
collection and net density :
Page 7 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
detention 4 dwelling
facilities units/ 1
acre**
UR-6 : in short- Maximum 5, 500 sq . ft. 4,000 N/A 20%
term planning gross sq . ft.
areas with density : 6
public sewer dwelling
and water, and units/ 1 acre
stormwater Minimum
collection and net density :
detention 6 dwelling
facilities units/ 1
acre**
* For the purpose of administering the lot consolidation provisions of WCC
20 . 83 . 070, the conventional minimum lot size shall be 10 acres .
Deleted: Minimum lot size
* * Minimum density shall be calculated as net density, after deducting the areas it outside an urban growth
restricted from development by critical area regulations and infrastructure area.
requirements. ; Deleted: For the purpose of
creating new building lots within
I the Urban Residential District,
20. 20. 253 Reserved ., , ; several land use densities are
herein provided . The minimum
lot size requirements for new
,20. 20. 254 Reserved . ,_ I construction vary according to
i the method of subdivision, as
' well as whether or not public
20 . 20. 255 Minimum lot width and depth . 1
1 sewer, water, and, where
I required by regulation,
II stormwater collection and
Width at Street Line Width Minimum ' detention facilities serve the
' project site. Where the lot
at Bldg . Mean II cluster land division method is
District Conventional Cluster Line Depth ' used, the minimum lot size is
', based on consideration of the
UR : all districts without public 300 ' 70, * 80' 100, I zoning district's setback
requirements and the Whatcom
sewer and water and all districts 1 County health code regulations
' for sewage systems and drinking
outside short-term planning i water, but shall not be less than
Iareas, I that shown below. (Ord . 2007-
, ' 048 § 2 Exh. B, 2007; Ord.
UR : with public sewer and water, 1
1 i 2005-041 § 1 Exh. Al 2005; Ord .
I 98-083 Exh . A § 11, 1998; Ord.
and stormwater collection and A ', 87-12, 1987; Ord. 87- 11, 1987;
Ord. 82-58, 1982. Formerly
detention facilities : \
20. 20.251).1
3 units per acre 30' 30 ' 70' 80' 1 Deleted: Maximum density and
'` minimum lot size outside an
4 units per acre 30 ' 30' 60' 70' , urban growth areal
'` District A -. Pl
t Deleted: , small towns, and
l resort recreational subdivisions
Page 8 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
*30' on a cul-de-sac only
20. 32 Residential Rural ( RR) District
20.32.010 Purpose.
The purpose of the Residential Rural District is to maintain the low density rural
residential character of the areas designated as Rural or ,Rural Communities on the _ _ - { Deleted: Residential
Comprehensive Plan map and implement the appropriate Comprehensive Plan
I policies in accordance with RCW 36 . 70A. 070(5) . In addition , it is the intent of this
district to provide the opportunity for the development of building sites which
maximize the efficient use of both energy and land by allowing an option for
clustering of residential lots .
20. 32.050 Permitted uses.
Unless otherwise provided herein, permitted and conditional uses shall be
administered pursuant to the applicable provisions of Chapter 20 . 80 WCC
(Supplementary Requirements) and Chapter 20 . 84 WCC (Variances, Conditional
Uses and Appeals), - SEPA Ordinance,Whatcom
the Whatcom
. 051 One single-family dwelling per lot. County Subdivision Ordinance and the Whatcom County
! . 052 ( 1 ) In short-term planning areas only, single-family attached dwellings ; t Shoreline Management Program
provided , that not more than two units are attached and the number of dwelling
units conforms to the density requirements of this district.
(2) Outside short-term planning areas, single-family dwellings only .
. 053 Public parks and recreation facilities included in an adopted city or county
Comprehensive Plan or Park Plan .
. 054 Agriculture, including animal husbandry, horticulture, viticulture, floriculture,
silviculture, and beekeeping ; and the cultivation of crops .
. 055 Private, noncommercial boat docks when located on a manmade canal
designed for boat traffic pursuant to the Whatcom County Shoreline Management
Program .
. 056 Trails, trailheads, restroom facilities and associated parking areas for no more
than 30 vehicles.
. 057 One one-story detached accessory storage building per lot; provided , that the
floor area shall not exceed 200 square feet 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 .
I , 088 Adult family homes as defined in 70 . 128 Deleted: .059 Family day care
y Chapter 70128 RCW
p homes subject to the
requirements of WCC 20.97. 180
for home occupations. ¶
Page 9 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 089 Boarding homes that are similar in size, facilities and occupancy to other
residential structures permitted in the zoning district.
. 090 Mental health facilities that provide residential treatment and are similar in
size, facilities and occupancy to other residential structures permitted in the zoning
district.
. 091 Substance abuse facilities that provide residential treatment and are similar in
size, facilities and occupancy to other residential structures permitted in the zoning
district.
20. 32. 100 Accessory uses.
. 101 Home occupations pursuant to WCC 20 . 84 . 150 .
. 102 Private noncommercial boat docks, launches, ramps, floats, moorages and
boathouses pursuant to the Whatcom County Shoreline Management Program .
. 103 Other accessory uses incidental to the primary permitted use .
. 104 Temporary dwelling units which have full living accommodations including
sleeping , self-contained cooking , bathing , and toilet facilities where the plumbing is
connected to permanent site sewage and water systems, including those travel
trailers and recreational vehicles that meet the above description , for use by
owners during the period of construction of a permanent dwelling while building
permit is valid , not to exceed two years .
. 105 Family day care homes subject to the requirements of WCC 20 . 84 . 150 for
home occupations .
. 106 Bed and breakfast establishments.
20.32. 130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20 . 84 . 235 .
. 134 One private, noncommercial, recreational vehicle or park model trailer and one
I accessory guest RV per lot within designated aural Communities in the Foothills - Deleted: pre-existing recreational
Subarea , as listed in WCC 20 . 97 . 337 ; provided , that the following minimum ( subdivisions of
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.
(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 .
(4) Lots shall not be leased or rented out on a daily or overnight basis for
recreational use .
Page 10 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
( 5) Accessory structures shall be limited to storage, shop, garage, carport f Deleted: Neighborhood grocery
and/or similar personal use only and shall not exceed a total of 200 square feet 1 stores only in small towns and
in floor area per lot; provided , that the 200-square-foot limitation shall not apply � crossroads commercial areas;
to that portion of a carport covering the RV . I provided, that: ¶
(1) The gross commercial floor
(6) The locations of parked RVs on vacant lots shall observe normal building 1 area, including sales and storage
setback standards for a single-family residence . areas, shall not exceed 2,500
I square feet; "
7 All recreational vehicles shall be supported by their own wheels or camper : located tedrenti areas within shall be
( ) PP Y P , located entirely within the
jacks, and not be fastened to accessory structures . I structure; however, outside
' storage of solid waste
I receptacles shall be permitted if
I the receptacles are enclosed and
20. 32. 150 Conditional uses. : screened from public view;¶
(3) The owner may have no
I Items indicated by an *" are not allowed outside Rural Communities or short-term more than two gasoline pumps;¶
tannin areas unless the applicant can demonstrate that there is a need to locate I (4) Minor auto repairs may be
planning PP � provided ; however, engine
outside those areas in order to comply with legal requirements or standards ; or ; overhaul, body and fender work,
that the proposed location is the most efficient place for the proposed use with II tire recapping and vehicle sales
are prohibited;¶
respect to providing needed services to the public. ; (5) Hours of operation shall be
limited to 7 : 00 a. m. through
: 11 : 00 p. m. ;"
I . 155 Reserved ., ' (6)
not Height
ed 28 feet from
he
average grade;¶
(7) The site shall be full fronting
on two or more improved public
roads
20. 32. 251 Minimum lot size and maximum densit Internal streets;¶
density. (8) In nternal structural lighting
For the purpose of creating new building lots within the Residential Rural District,
shall ti n and ho l hours si
P P 9 9 � operation and shall be designed
several land use densities are provided . The minimum lot size and maximum and installed to prevent the
density requirements for new construction vary according to the method of illumination of adjacent
properties; however, lighting for
subdivision and whether or not public water is available, as well as whether security purposes'
stormwater collection and detention facilities, where identified by the appropriate may be used after business
Comprehensive Plan policies, the project site . Where the conventional
hours if such lighting is
� serve
P P � consistent with the above
subdivision method is used to create new building lots, if public water is not statement;"
provided , the minimum lot size shall be five acres or, if public water and , where (9) Not more than two
identification signs, not
specified in the Comprehensive Plan, stormwater drainage facilities are provided, exceeding 40 square feet in area
the minimum lot size shall be 36, 000 square feet for RR- 1 or 18, 000 square feet for for each road frontage, shall be
RR- 2 areas or 12, 000 square feet for RR- 3 areas . The lot cluster subdivision permitted ;sign (s) provided, that said
signs) shall be attached flush
method only shall be used if public water is provided , and then the minimum lot against the building, but shall
size is based on the district's setback requirements (WCC ,20 . 80 . 200) and the not project above any part of the
roofline nor extend more than 18
Whatcom County health department regulations for on -site septic disposal , but shall inches from the wall of the
not be less than that shown below. x building to which it is attached .
% Said sign (s) shall be harmonious
■
20 .32. 252 ,Rural Residential Density Overlay. and compatible in appearance
' with the character of the
In certain areas delineated on the official zoning map in the RR-5A zones a density _ surrounding area. Signs may
only be illuminated by indirect
overlay may be applied in order to permit densities consistent with surrounding ` external source.
development and the established rural character of the area . Formatted: Font: Verdana
( 1) Eligibility. Eligibility for the density overlay is limited to lots that meet the `, Deleted: Cluster bonus
following : schedule
(a ) Public water must be available , and
Deleted: Repealed by Ord . 98
Page 11 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
( b) At least 70% of lots wholly or partially within 500 feet of the subject lot's
outer boundary must have contained a residence and been under five acres in
size on [effective date of this ordinance] .
(2) Calculation . Within this overlay the permitted minimum lot size for a lot is
equivalent to the mean lot size of all lots that contained a residence on
[effective date of this ordinancel and are wholly or partially within 500 feet of
the lot's outer boundaries, or one acre, whichever is greater. This calculation is
subject to the following :
(a ) No lots within a city, urban growth area , or LAMIRD (Rural Community,
Rural Tourism , or Rural Business comprehensive plan designation) may be
included in the mean lot size calculation, and
(b) Lot sizes existing on or before [effective date of the ordinance] , 2010 shall
be used in the mean lot size calculation .
20. 32 . 253 Maximum density and minimum lot size.
The following districts with their associated lot sizes as indicated below, are only
allowed within Rural Communities, as outlined in the Comprehensive Plan : RR- 1 ,
RR- 2, RR-3 . The RR- 5A and RR- 10A districts are allowed throughout the rural
areas. For boundary line adjustments on lots not conforming to minimum lot sizes
in this zoning district, lot size averaging may be used by calculating the average lot
size of legal lots of record within 500 feet of the outside perimeter of the lots
proposed for boundary line adjustment.
District Gross Density Minimum Lot Size Min . Reserve
Area (Cluster
Conventional Cluster Subdivisions)
RR- 1 , RR- 2, RR- 3t 1 dwelling unit/5 acres 5 acres N/A N/A
RR- 5A : without
public water
RR- 10A without 1 dwelling unit/ 10 10 acres N/A N/A
public water acres
With public water, and stormwater detention and collection facilities :
RR- 1 1 dwelling unit/1 acre 36,000 sq . 15,000 30%
ft . sq . ft.
RR- 2 2 dwelling units/ 1 acre 18,000 sq . 15,000 10%
ft. sq . ft.
I RR-3 3 dwelling units/ 1 acre 12, 000 sq . 8, 000 25%
ft. sq . ft.
RR- 5A 1 dwelling unit/5 acres 5 acres N/A N/A
Page 12 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
RR- 10A 1 dwelling unit/ 10 10 acres N/A N/A
acres
Deleted: N/A
RR- 5A subject to Maximum : 1 dwelling see Deleted: N/A
Rural Residential unit/1 acre per 20 . 32 . 252 _ .
Density Overlay , _ _ _ _ 20 . 32 . 252( 2) , _
- Deleted: 5 acres
Deleted: RR-1, RR-2, RR-3, RR-
5A
20 .32. 254 Minimum lot width and depth . ' Deleted: 1 dwelling unit/5 acres
'Width at Street Line
' Minimum
Width at Mean
IDistrict Conventional Cluster Bldg . Line ' Depth
RR : without public water 300 ' N/A 80 ' 100 '
RR : with public water, and stormwater 30 ' 30 ' 70 ' 80 '
collection and detention facilities
20 .32. 320 Reserve tract.
For the purposes of this section, " reserve tract" is defined as that portion of a
proposed subdivision or short subdivision which is intended for agricultural,
forestry, open space or future development 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
conveyed 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 .
(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) above 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 subdivision 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
Page 13 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
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 original subdivision will be significantly adversely
affected or suffer a substantial decrease of property value as a result of
dividing the reserve tract .
(4) The purpose of the reserve tract as stated in WCC 20 . 32 . 320, paragraphs
( 1 ) , ( 2) and (3 ), 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 purchasers of building lots or " reserve tracts . "
( 5) That the above jequirements .(21 to (4) shall be recorded as a deed - - -( Deleted: state
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 Zoning
Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan .
20. 35 Eliza Island ( EI) District
20. 35.010 Purpose.
The Eliza Island District has been formed as a separate district due to its unique
character. The purpose of this district is to allow for a harmonious mixture of
residential, seasonal residential, recreational, and accessory uses. In addition, the
district requires that new uses complement the island character by adherence to
the goals and policies of the Eliza Island Subarea plan _ When making a - { Deleted: Comprehensive
determination about uses , consideration will be given to the rural land use policies
as outlined in the Comprehensive Plan , as well as cumulative impacts of uses in this
rural area .
20. 35 .050 Permitted uses.
Unless otherwise provided herein, the following permitted, accessory, and
conditional uses shall be administered pursuant to the applicable provisions of
Chapter 20 . 80 WCC (Supplementary Requirements) and Chapter 20 . 84 WCC , Deleted: , as well as the
I (Variances, Conditional Uses, and Appeals),. Whatcom County SEPA and
Subdivision Ordinances, and the
Whatcom County Shoreline
Management Program
Deleted: .059 Family day care
1 1060 Trails, trailheads, and associated restroom facilities . homes subject to the
requirements of WCC 20.97. 180
for home occupations. ¶
Page 14 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20. 36 Rural ( R) District
20. 36.010 Purpose.
The purpose of this district is to implement the Rural designation of the
comprehensive Plan and appropriate subarea plan, which calls for the maintenance , _ - { Deleted: appropriate subarea
of rural character and environmentally fragile areas by allowing a variety of low
intensity uses that are compatible and complementary with the conservation of
agricultural , forestry and related uses . , , , purpose Furthermore, the
purpose of this district is to
provide the option for residential
20.36 .050 Permitted uses. uses to arrange in cluster
development patterns while
Subject to the provisions of Chapter 20 . 38 WCC, Agriculture Protection Overlay reserving tracts of land for rural
Zone, unless otherwise provided herein, permitted, accessory and conditional uses uses and potential future
shall be administered pursuant to the applicable provisions of Chapter 20 . 80 WCC resubdivi998; (Ord. 98-083 Exh.
P PP P P A § 37, 1998; Ord . 82-58,
(Supplementary Requirements) and Chapter 20 . 84 WCC (Variances, Conditional 1982).
I Uses and Appeals), - - -
*In
Deleted: , the Whatcom County
SEPA Ordinance, the Whatcom
County Subdivision Ordinance
and the Whatcom County
Shoreline Management Program
t.064 Publicparks and recreation facilities included in an adopted city or county _ - - Deleted: .063 Family day care
Comprehensive Plan or Park Plan . homes subject to the
requirements of WCC 20.97. 180
for home occupations. ¶
. 092 Within Rural Communities and short-term planning areas only, public schools ;
and parochial or private schools ; provided such schools shall be approved by the
State Superintendent of Public Instruction .
20. 36. 150 Conditional uses.
I 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.
Page 15 of 65
•
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 151 Public and community facilities including police and fire stations, libraries, q Deleted: P
)
community centers, recreation facilities, and other similar noncommercial uses, ,' }Deleted: . 160 Neighborhood
excluding correction facilities. * " ' grocery stores in small towns
,' I and crossroads commercial areas
I . 152 Outside Rural Communities and short-term planning areas only, * tic ; only; provided, that:¶
schools; and parochial or private schools ; provided such schools shall be approved ' (1) The gross commercial floor
by the State Superintendent of Public Instruction . * area, including sales and storage
P areas, shall not exceed 2,500
I square feet except that the
I overall floor area may be
I
I increased to a maximum of
I 3,500 square feet where an
I
I ancillary use is approved by the
I hearing examiner. All ancillary
v 1 uses shall not exceed 30 percent
of the total floor area and must
have similar type and level of
impacts as generated by a
neighborhood grocery store.
Such ancillary uses may include
. 165 Private or public, commercial and noncommercial ,outdoor recreation facilities but not be limited to post office,
jncludiny golf courses playing fields for outdoor sports and other facilities I soda fountain, hardware sales or
consistent with the purpose of this district. clothing sales; 11
P P o (2) Storage areas shall be
. 166 Hydroelectric projects of five megawatts or less . located entirely within the
0 structure; however, outside
0 storage of solid
1 1170 Bed and breakfast lodgings . ii receptacles shall be tpermitted if
10 the receptacles are enclosed and
u screened from public view;¶
(3) The owner may have no
I
o more than two gasoline pumps;¶
I 0 (4) Minor auto repairs may be
III provided ; however, engine
lit overhaul, body and fender work,
20. 36. 252 Rural Residential Density Overlay. tire recapping and vehicle sales
, o are prohibited ;¶
In certain areas delineated on the official zoning map in the R-5A zone, a density (5) Hours of operation shall be
overlay may be applied in order to permit densities consistent with surrounding ; o limited to 7 :00 a . m . through
development and the established rural character of the area . io 11 : 00 p. m. ;¶
ii
,I (6) Height of the building shall
( 1 ) Eligibility. Eligibility for the density overlay is limited to lots that meet the to not exceed 28 feet from the
following : average grade;¶
, ,l (7) The site shall be full fronting
(a) Public water must be available, and on two or more improved public
I;; roads or streets;¶
(b) At least 70% of lots wholly or partially within 500 feet of the subject lot's (8) Internal structural lighting
shall be limited to hours of
I�,
outer boundary must have contained a residence and been under five acres in • operation and shall be designed
size on [effective date of this ordinance] . ,o and installed to prevent the
ti' illumination of adjacent
o
(2) Calculation . Within this overlay the permitted minimum lot size for a lot is to properties; however, lighting for
equivalent to the mean lot size of all lots that contained a residence on 1°, security purposes may be used
,0 after business hours if such
[effective date of this ordinance] and are wholly or partially within 500 feet of of lighting is consistent with tr:-.T4j
the lot's outer boundaries, or one acre , whichever. is greater. This calculation is Deleted: sports
subject to the following :
Deleted: and clubs
(a ) No lots within a city, urban growth area , or LAMIRD (Rural Community, Deleted: . 168 Coin-operated
Rural Tourism , or Rural Business comprehensive plan designation) may be laundry where developed in
included in the mean lot size calculation , and association with a neighborhood
grocery store as provided in WCC
20.36. 160. Maximum total floor
area of the laundry and grocery
store shall be 4,500 square feet. 1
Page 16 of 65
•
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
( b) Lot sizes existing on or before [effective date of the ordinance] , 2010 shall
be used in the mean lot size calculation .
20. 36. 253 Maximum density and minimum lot size.
or bounda line ad ' ustments on lots not conforming to minimum lot sizes in this - 1 Deleted: The R-2A district with
zoning district, lot size averaging may be used by calculating the average lot size of its associated lot sizes as
indicated below, is only allowed
legal lots of record within 500 feet of the outside perimeter of the lots proposed for within Rural Centers, as outlined
boundary line adjustment. in the Comprehensive Plan. The
R-5A and R-10A districts are
I I Minimum Lot Size I Min . I Min . allowed
as. throughout the rural
are F
Reserve Reserve '( Formatted: Space After: 5 pt
Area Area
(Cluster (Cluster
I Subdivisions Subdivisions
Outside of in Urban
Urban Growth
Growth Areas)
( District Gross Density Conventional Cluster Areas)
IR-2A without 1 dwelling 5 acres 1 acre 20% 80% . - - - -( Formatted: Space After: 5 pt
public water unit/5 acres
R- 2A with 1 dwelling 2 acres 12, 500 65% 80% 4 , - - { Formatted: Space After: 5 pt
public water unit/2 acres sq . ft.
R- 5A without 1 dwelling 5 acres 1 acre 55% 80%
public water unit/5 acres
I _ - { Formatted: Space After: 5 pt 3
R- 5A subject 1 dwelling Not 15, 000 75% Not
to unit/5 acres applicable s . ft. applicable
PP q PP licable
Agricultural
Protection
Overlay
(Chapter
20 . 38 WCC)
IR- 5A with 1 dwelling 5 acres 12, 500 75% 80% . - { Formatted: Space After: S pt 3
public water unit/5 acres sq . ft.
R- 5A with Maximum : 1 see Not Not Not
public water dwelling unit/ 1 20 . 36 . 252( 2) applicable applicable applicable
subject to acre per
Rural 20 . 36 . 252 (2)
Residential
Overlay
Page 17 of 65
. . . . . . . .
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
_ - - { Formatted: Space After: 5 pt
R- 10A 1 dwelling 10 acres 1 acre 70% 80%
without unit/ 10 acres
public water
R- 10A 1 dwelling Not 15, 000 75% Not
subject to unit/ 10 acres applicable sq . ft. applicable
Agricultural
Protection
Overlay
(Chapter
20 . 38 WCC)
R- 10A with 1 dwelling 10 acres 12, 500 80% 80% 4 _ { Formatted: Space After: 5 pt
public water unit/ 10 acres sq . ft.
Public Not applicable No minimum No Not Not . - - { Formatted: Space After: 5 pt
facilities . minimum applicable applicable
approved
under WCC
20 . 36 . 151
20.36. 320 Reserve tract.
For the purposes of this section, " reserve tract" is defined as that portion of a
proposed subdivision or short subdivision which is intended for agricultural ,
forestry, open space or future development 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
conveyed 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 .
(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 the original developer or a third party, no property
owner within the original subdivision will be significantly adversely affected or
Page 18of65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
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 original subdivision will be significantly adversely
affected or suffer a substantial decrease of property value as a result of
dividing the reserve tract; or
(c) The site is within a short-term planning area and public water and sewer
serve the proposed development on 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 purchasers of building lots or " reserve tracts . "
( 5) That 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 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 Zoning Ordinance, the Whatcom County Subdivision Ordinance
and the Whatcom County Comprehensive Plan .
20. 59 Rural General Commercial (RGC) District
20 .59 . 010 Purpose.
The purpose of the Rural General Commercial District is to provide for limited
commercial activities which serve the surrounding community and provide job
opportunities for residents of the rural area . This district may be located in either a
Rural Community or Rural Business area . The district shall comply with the rural
land use policies and criteria set forth in the Comprehensive Plan . To retain and
enhance the job base in rural areas, the county must have the flexibility to retain existing
business and allow them to expand , as per RCW 36. 70A.011 .
Page 19 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20. 59.050 Permitted uses.
Unless otherwise provided herein , permitted and conditional uses shall be
administered pursuant to the applicable provisions of Chapter 20 . 80 WCC
(Supplementary Requirements) and Chapter 20 . 84 WCC (Variances, Conditional
Uses and Appeals) .
. 051 Automobile , motorcycle, marine and farm implement sales, rental agencies,
repair and service ; provided , that all repair services are conducted within an
enclosed building .
. 052 Automobile service stations, car washes and public garages .
. 053 Mobile home and recreational vehicle sales .
. 054 Eating and drinking establishments.
. 056 Indoor commercial recreation facilities such as bowling alleys, skating rinks,
indoor theaters and physical fitness centers .
. 057 Intermediate passenger intermodal terminals.
. 058 Service establishment including but not limited to barber and beauty shops,
laundries, dry cleaners, furniture repair, frozen food lockers, funeral parlors, animal
hospitals, auction houses, financial institutions, fraternal organizations and
professional offices.
. 059 Retail establishments including but not limited to grocery, liquor, drug,
sundries, variety, building supplies, clothing , florist, nurseries, optical , sporting
goods, appliance, music and pet stores .
. 060 Printing and publishing establishments.
. 061 Public utilities, except broadcast towers, which require a conditional use
permit pursuant to WCC 20 . 82 . 030 (4) , and water and sewer treatment plants,
which require a conditional use permit pursuant to WCC 20 . 82 . 030(7) .
. 063 Public community facilities including police and fire stations, libraries.
community centers, recreation facilities, and other similar noncommercial uses .
. 065 One single-family dwelling or duplex per lot of record subject to :
( 1 ) Health department requirements regarding soil type and water supply.
( 2) A deed restriction recorded with the Whatcom County auditor is attached to
the lot(s) at the time of building permit issuance stating that the dwelling (s) is
located in a Rural General Commercial zone and buyers should be aware that
commercial uses will be allowed on surrounding parcels and owners have no
grounds for protest.
( 3) This permitted use is only allowed on lots created as of [effective date of this
ordinance] , or lots created according to 20 . 59 . 257 .
. 067 One one-story detached accessory storage building per lot; provided , that the
floor area shall not exceed the exempt criteria stated in the adopted edition of the
International Building Code , and shall only be used forpersonal 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 .
. 068 Rental storage establishments
. 069 Mini-day care centers and day care centers.
Page 20 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 070 Public narks and recreation facilities included in an adopted city or county
Comprehensive Plan or Park Plan .
. 071 Trails, traiiheads, restroom facilities and associated parking areas for no more
than 30 vehicles.
. 072 Activity centers .
. 088 Adult family homes as defined in Chapter 70 . 128 RCW.
. 089 Boarding homes that are similar in size , facilities and occupancy to other
residential structures permitted in the zoning district.
. 090 Mental health facilities that provide residential treatment and are similar in
size, facilities and occupancy to other residential structures permitted in the zoning
district.
. 091 Substance abuse facilities that provide residential treatment and are similar in
size, facilities and occupancy to other residential structures permitted in the zoning
district.
. 094 Secure community transition facilities for sex offenders.
( 1 ) A secure community transition facility shall not be located adjacent to,
immediately across the street or parking lot from, or within the line of sight of
existing risk potential facilities, which are :
(a) Public schools;
( b) Private schools ;
(c) School bus stops ;
Id) Licensed day care ;
le) Licensed preschool facilities ;
If) Public parks;
(q ) Publicly dedicated trails ;
(h ) Sports fields ;
(i) Playgrounds ;
Ii) Recreational and community centers ;
( k) Churches, synagogues, temples or mosques ;
( I) Public libraries ;
( m) Public and private youth camps ; and
(n) Other uses identified by the State Department of Social and Health
Services pursuant to RCW 71 . 09 . 020 .
"Within the line of sight" shall mean that it is possible to reasonably visually
distinguish and recognize individuals . An unobstructed visual distance of 600
feet shall be considered to be within the line of sight . Line of sight may be
considered to be less than 600 feet if the applicant can demonstrate that visual
barriers exist or would be created that would visually screen the risk potential
facility from the secure community transition facility.
( 2) No more than one secure community transition facility, with a maximum of
three people (other than staff) , shall be located within Whatcom County .
Page 21 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20. 59 . 100 Accessory uses.
. 101 One residential unit for owner- manager or caretaker when Dart of a building in
which the primary use is located .
. 102 Uses incidental to the primary permitted uses.
. 103 On-site treatment and storage facilities for hazardous wastes associated with
outright permitted uses or approved conditional uses subject to the most current
siting criteria under Chapter 173- 303 WAC .
. 104 Family day care homes and mini-day care homes ; provided , that such uses
conform to the definition of home occupation , WCC 20 . 84. 150 .
. 105 Indoor storage of durable and nondurable goods .
20. 59. 150 Administrative approval uses.
. 151 Outdoor storage of durable and nondurable goods ; provided neighboring uses
are adequately screened .
. 152 Assembly and manufacturing of prefabricated wood building and components.
20. 59. 200 Conditional uses.
. 202 Churches and cemeteries.
. 203 Amusement parks, outdoor theaters and other outdoor commercial recreations
including golf courses .
. 204 Hotels and motels .
. 205 Animal kennels .
. 206 Commercial truck service facilities including truck fueling , repair and storage
operations , overnight accommodations and restaurants.
. 209 Trailheads with parking areas for more than 30 vehicles .
. 210 Public campgrounds.
. 211 Public or private parks that are not included in an adopted city or county
Comprehensive Plan or Park Plan .
. 212 Athletic fields .
. 213 State education facilities.
. 214 State and local correction facilities .
. 215 Type I solid waste handling facilities .
. 216 Type II solid waste handling facilities .
. 219 Boarding homes that are larger than other residential structures permitted in
the zoning district .
. 220 Mental health facilities that provide residential treatment and are larger than
other residential structures permitted in the zoning district.
. 221 Substance abuse facilities that provide residential treatment and are larger
than other residential structures permitted in the zoning district.
. 222 Mental health facilities that provide crisis care .
. 223 Substance abuse facilities that provide crisis care.
. 224 Outpatient mental health facilities .
Page22of65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 225 Outpatient substance abuse treatment facilities, including opiate substitution
treatment clinics.
. 226 Mitigation banks as a form of compensatory mitigation for wetland and habitat
conservation area impacts when permitted in accordance with the provisions of
Chapter 16 . 16 WCC : provided , applications for mitigation banks shall be processed
as a major development project pursuant to Chapter 20 . 88 WCC .
20. 59 . 250 Prohibited uses.
. 251 All other uses .
. 252 Adult businesses .
20. 59. 255 Minimum lot size.
. 256 For commercial purposes, the minimum lot size shall be consistent with the
area required to meet the building setback, lot coverage and development
standards of this district.
. 257 For the purpose of creating new residential lots, the minimum lot size shall be
5 acres .
20. 59. 300 Minimum lot frontage.
For the purpose of dividing property, minimum lot frontage shall be sufficient to
provide adequate access and utility development, and meet applicable building
setback, buffer, open space and development standards of the district. In no case
shall the frontage be less than 30 feet.
20. 59. 320 Maximum building size.
. 321 Except as otherwise specifically allowed in 20 . 59 . 322 , in a Rural Community,
designation , the allowable building floor area shall not exceed 12, 000 square feet,
or a larger size if consistent with the size, scale, use or intensity of similar uses that
existed on July 1 , 1990 within the areas currently zoned RGC and designated as a
Rural Community, except as otherwise specifically allowed in this chapter.
Determination on consistency with 1990 uses shall be made by the planning and
development services department and may be appealed per the process described
in Section 20 . 84. 240 .
. 322 Grocery stores shall not exceed a maximum floor area of 35, 000 square feet.
. 323 In a Rural Business designation , the maximum allowable floor area is 35 , 000
square feet.
20. 59 .400 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20 . 59 . 600 and 20 . 80. 200 .
20. 59 .450 Height limitations.
Maximum building height shall not exceed 35 feet . Height of structures shall also
conform , where applicable , to the general requirements of WCC 20 . 80 . 675 .
20. 59. 500 Lot coverage.
Reserved .
Page 23 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20. 59. 550 Open space.
At least 10 percent of the site shall be kept free of buildings, structures, hard
surfacing , parking areas and other impervious surfaces.
20.59.600 Buffer area .
. 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 .
20.59 .650 Sian reaulations.
Sign regulations shall be administered pursuant to WCC 20 . 80 . 400 .
20. 59.700 Development criteria .
20. 59 .702 Landscaping .
Refer to WCC 20 . 80 . 300 for landscaping requirements .
20. 59. 703 Off-street parkins and loading.
Off-street parking and loading shall be administered pursuant to WCC 20 . 80 . 500 .
20.59.704 Drainage.
All development activity within Whatcom County shall be subject to the stormwater
management provisions of the Whatcom County Development Standards unless
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 .
i
20. 59 .705 Driveways.
Consistent with WCC 20 . 80 . 640 , driveway plans shall be reviewed by the county
engineer or State Department of Highways, as applicable .
20. 59.706 Access.
Access shall conform to the provisions of WCC 20 . 80 . 565 .
20.59 .707 Lighting .
Lighting shall be designed to avoid excessive glare onto neighboring properties, and
to not create safety hazards or unreasonable interference with adjacent uses.
20, 59.708 Binding site Dian .
Should the commercial use be developed as part of a binding site plan , it shall be
administered pursuant to WCC Title 21 (Subdivision Regulations) and additional
requirements, as applicable .
Page 24 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20. 59. 750 Performance standards.
The following provisions shall apply to all uses within this district :
. 751 There shall be no storage or handling of hazardous, explosive , highly
flammable materials which would cause fire, explosion or safety hazards, except
the storage and dispensing of motor fuels in service stations and truck stops.
. 752 There shall be no production of noise at any property line of any use in this
district in excess of the average intensity of street and traffic noise found in the
district.
. 753 There shall be no emission of dust, dirt, odors, smoke , or toxic gases and
fumes .
. 754 There shall be no production of heat, glare or vibration perceptible from any
property line of the premises upon which such heat, glare or vibration is being
generated .
20.60 Neighborhood Commercial Center ( NC) District
20 . 60.010 Purpose.
The purpose of the Neighborhood Commercial District is to provide for small,
concentrated land areas intended for retail sales of convenience goods and services
to persons residing within or visiting a neighborhood trade or service area , as well
as to provide job and economic development opportunities for rural residents .
When located outside Urban Growth Areas, the Neighborhood Commercial District
shall comply with the rural land use policies and criteria set forth in the
Comprehensive Plan . An additional purpose of the district is to provide
developmental standards aimed at achieving cohesive, coordinated development
within this district and achieving compatibility between commercial and surrounding
residential uses . The appropriate location of the Neighborhood Commercial District
is addressed in the policies of the respective subarea Comprehensive Plan .
20 . 60. 300 Maximum building size.
. 301 Maximum allowable floor area shall not exceed :
11 ) 6, 000 square feet per individual use allowed in the district if located within
an urban growth area .
( 2) 6,000 square feet per public community facility located outside an urban
growth area .
(3) 3 , 000 square feet per individual use allowed in the district if located outside
an urban growth area , except for public community facilities as noted above .
Page 25 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 302 The aggregate floor area of all buildings within each neighborhood commercial
zone district shall not exceed 30, 000 square feet.
I
20 . 60.550 Buffer Area
. 551 When parcels situated within this district adjoin an Agriculture , Urban
Residential, 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)
adjacent to the named district. Unless adjoining an Agriculture zoning district, skid { Deleted: S
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
Residential Rural or Rural Districts and paralleling the interstate shall be increased
to 100 feet. This bugger shall not be altered from existing dense natural vegetation
or, where vegetation is lacking , shall be landscaped so as to provide a dense
Ivegetative screen .
{ Formatted: Font: Verdana
20 . 60. 651 Facility design .
Individual development within a Neighborhood Commercial Zone District shall be
designed to accommodate additional commercial development on adjacent property
in an integrated manner. Consistent architectural treatment among structures is
encouraged . Each development shall screen roof- mounted mechanical equipment so
as not to be visible by surrounding uses or roads .
If located outside an urban growth area , design of the proposed use in the
Neighborhood Commercial Zone District shall be consistent with the scale and
intensity of the existing uses in the area and consistent with the Comprehensive
Plan rural land use chapter.
20 . 60. 700 Performance standards.
The following provisions shall apply to all uses within this district :
Page 26 of 65
•
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 706 Proposed new uses in Neighborhood Commercial districts located within a
Rural Community designation, will be consistent with the size, scale,, use, or _ , - -( Deleted: outside urban growth
intensity of existing uses. l areas
20.61 Small Town Commercial (STC) District
20 . 61 . 010 Purpose.
The ,Small Town Commercial Districts are located within Rural Communities and - , - -( Deleted: purpose of the
Rural Business areas identified in the Comprehensive Plan . This zoning district
provides for an activity center where rural residents and others can gather, work,
shop, entertain and reside . This district is to provide for a range of commercial uses - Deleted: limited land areas
and services to meet the everyday needs of rural residents and natural resource Deleted: broad
industries, to provide employment opportunities for residents of the rural area . and
to provide goods, services, and lodging for travelers and tourists to the area . To
retain and enhance the job base in rural areas, the county must have the flexibility J Deleted: serving the surrounding
to retain existing business and allow them to expand , as per RCW 36 . 70A. 011 ., - rural trade area and out-of-area
tourists. The boundaries of the
20. 61 .050 Permitted uses. district shall recognize the
existing pattern of commercial
development within rural small
towns. The boundaries shall
allow for small-scale infill
motorcycle, marine, farm implement, light development and redevelopment
. 051 Motorized vehicles and equipment, P commensurate with available
and heavy equipment and recreational vehicle service, repair, washing facilities, public services, physical
commercial storage or sale ; provided that : . . . . limitations, and the anticipated
demand for siting of
. 052 Mini storages att less than 21_500 square feet of floor area . development. An additional
purpose of the district is to
. 053 Eating and/or drinking establishments including restaurants and taverns, with provide limited light industrial
or without on -site brewing facilities, and mobile food carts, including establishments activities for employment
� opportunities for rural residents.
with drive-through facilities.
Deleted: with
. 054 Service establishments with less than 2 , 500 square feet of floor area per
establishment, including but not limited to barber and beauty shops, laundries, dry
cleaners, printing establishments, furniture repair, frozen food lockers, funeral
parlors, banks and financial institutions, fraternal organizations, neighborhood
churches and professional offices .
. 055 Veterinary practices with accessory indoor kennels .
. 056 Retail establishments with less than 2, 500 square feet of retail floor area per
stables ishment, including but not limited to liquor, drug, sundries, variety, clothing, _ _ _ , - -( Deleted: shop
florist, optical, sporting goods, appliance, craft, music and pet stores.
. 057 Tool and equipment rental, nurseries, hardware stores and building supplies
I with less than 5, 000 square feet of retail floor area perstablishment. The , - 4 Deleted: shop
utilization of outdoor areas for display and storage purposes is permitted as an
accessory use . Outdoor storage shall be within an enclosed fence .
Page 27 of 65 •
•
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
I . 066 One single-family dwelling per lot of record/ or duplexes subject to : { Deleted: or duplex
( 1 ) Health department requirements regarding soil type and water supply .
I £ ) A deed restriction recorded with the Whatcom County auditor is attached to _ - 1 Deleted: (2) Height regulations,
the lot(s) at the time of building permit issuance stating that the dwelling (s) is lot coverage, open space,
located in a Small Town Commercial Zone and buyers should be aware that \
development standards and
Y , performance standards shall be
commercial uses will be allowed on surrounding parcels and owners have no ' in accordance with the provisions
■
grounds for protest. of Chapter 20.20 WCC, except
that side and rear yard setbacks
(3 ) This permitted use is only allowed on lots created as of !effective date of this shall be 10 feet from vacant,
. - % adjacent commercially zoned
ordinance] . properties.¶
(4) Duplexes are subject to the density provisions of 20 . 61 . 350 . . Deleted: 3
Deleted: 4
. 092 Mini-day care centers and day care centers.
. 093 Automobile service stations.
20.61 . 100 Accessory uses.
. 107 One residential unit for owner- manager or caretaker when part of a building in
which the primary use is located .
. 108 Family day care homes and mini-day care homes ; provided , that such uses
conform to the requirements of home occupation , WCC 20 . 84. 150 .
1
20.61 . 150 Administrative approval uses.
. 151 Retail and service establishments with more than 2, 500 square feet of retail
floor area per establishment, but less than 5, 000 square feet of retail floor area per
establishment.
20. 61 . 200 Conditional uses.
. 201 Retail and service establishments with more than 5, 000 square feet of retail
floor area per establishment, but less than 7, 500 square feet of retail floor area per
establishment.
Page 28 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 202 Tool and equipment rental, nurseries, hardware stores and building supplies
with more than 5, 000 square feet of retail floor area , but less than 10, 000 square
I feet of retail floor area perpstablishment. The utilization of outdoor areas for , - -t Deleted: shop
display and storage purposes is permitted as an accessory use . Outdoor storage
shall be within an enclosed fence .
. 203 Mini storage with less than 10,000 square feet of floor area .
. 204 Grocery stores with more than 10, 000 square feet of retail floor area but less
I than 3000 square feet of, 00r area . _ , Deleted: 5
- Deleted: retail
. 247 Secure community transition facilities for sex offenders .
( 1 ) A secure community transition facility shall not be located adjacent to,
immediately across the street or parking lot from , or within the line of sight of
existing risk potential facilities, which are :
(a) Public schools;
( b) Private schools ;
(c) School bus stops ;
(d ) Licensed day care ;
(e) Licensed preschool facilities ;
(f) Public parks;
(g ) Publicly dedicated trails ;
( h ) Sports fields ;
( i) Playgrounds;
(j ) Recreational and community centers ;
( k) Churches, synagogues, temples or mosques ;
(I ) Public libraries ;
( m) Public and private youth camps ; and
( n ) Other uses identified by the State Department of Social and Health
Services pursuant to RCW 71 . 09 . 020 -( Deleted: ( 11)
"Within the line of sight" shall mean that it is possible to reasonably visually
distinguish and recognize individuals. An unobstructed visual distance of 600
feet shall be considered to be within the line of sight. Line of sight may be
considered to be less than 600 feet if the applicant can demonstrate that visual
barriers exist or would be created that would visually screen the risk potential
facility from the secure community transition facility .
(2) No more than one secure community transition facility, with a maximum of
three people (other than staff), shall be located within Whatcom County .
Page 29 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20.61.320 Maximum building size.
. 321 Except as otherwise specifically allowed in Section 20 . 61 . 204, in a Rural
Community designation , the allowable building floor area shall not exceed 12 , 000
square feet, or a larger size if consistent with the size, scale , use or intensity of
similar uses that existed on July 1 , 1990 within the areas currently zoned STC and
designated as a Rural Community. Determination on consistency with 1990 uses
shall be made by the planning and development services department and may be
appealed per the process described in Section 20 . 84 . 240 .
. 322 In a Rural Business designation . the maximum allowable floor area is 35, 000
square feet.
20. 61 . 350 Maximum density.
. 351 Hotels and motels shall not exceed a floor area ratio ( FAR) of . 60 .
. 352 Duplexes may not exceed a maximum gross density of six dwelling units/acre .
20. 61 .400 Building setbacks.
I Building setbacks shall be administered pursuant to WCC 20 . 6.,M and 20 . 80 . 200 - - Deleted: 2
except as provided below. -Deleted: 55
( 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 .
20.61 .600 Buffer area .
I . 601 Where parcels situated within this district adjoin an Agriculture, 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 districts . Unless adjoining an Agriculture zoning district, skid _ - - - { Deleted: S
area shall be landscaped consistent with the requirements of WCC 20 . 80 . 345 .
- t Formatted: Font: Verdana
20.61701 Facility design .
Individual developments within a Small Town Commercial Zone District should be
encouraged to accommodate additional commercial development on adjacent
property in an integrated manner. Consistent architectural treatment is
Page 30 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
encouraged . Each development shall screen roof- mounted mechanical equipment so
as not to be visible by surrounding uses or roads .
Design of the proposed use in the Small Town Commercial zpne district shall be _ , - -( Deleted: Z
consistent with the scale and intensity of the existing uses in the area and
consistent with the Comprehensive Plan rural land use chapter.
20 .61 . 750 Performance standards.
The following provisions shall apply to all uses within this district :
. 757 Proposed new uses in Small Town Commercial districts located within a Rural
Community designation will be consistent with the size , scale, use, orjntensity of - - -( Deleted: and
existing uses.
20. 62 General Commercial (GC) District
20 . 62. 700 Performance Standards
The following provisions shall apply to all uses within this district :
. 701 There shall be no storage or handling of hazardous, explosive, highly
flammable materials which would cause fire, explosion or safety hazards, except
the storage and dis ensin of motor fuels in service stations and truck stop { Deleted: gasoline in service
p g t stations
20. 63 Tourist Commercial (TC ) Dist'rict
Page 31 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20 . 63.010 Purpose.
The purpose of the Tourist Commercial District is to supply sufficient areas
arranged in a concentrated form that would allow land use activities which serve
the traveling public. The district shall be located and implemented consistent with
the goals, objectives and policies of the Comprehensive Plan . The district should be
located near major transportation corridors in such a fashion as to provide safe and
convenient access that would not impact adjacent noncommercial activities .
Further, the district should be in areas where adequate public services such as
roads, sewer, water and drainage are available. The district should provide for uses
which normally serve the traveling public and encourage a type of development
which occurs in a well -designed pattern considering aesthetics and safety. If located
outside an Urban Growth Area , the uses in the district should rely on the rural
location and setting , and provide recreation and tourist uses that are small in scale ,
and compatible with existing uses and intensities.
20. 63 .050 Permitted uses.
The following permitted and accessory uses shall be allowed subject to an
evaluation by the zoning administrator pursuant to the provisions of this chapter
I and Chapter 20 . 80 WCC . - Deleted: Further, each permitted
and accessory use shall be
administered pursuant to the
applicable provisions of the
Whatcom County SEPA
Ordinance, the Whatcom County
Subdivision Ordinance and the
Whatcom County Shoreline
20.63. 150 Conditional uses. Management Program.
Unless otherwise provided herein, conditional uses shall be administered pursuant
to the applicable provisions of this chapter, Chapter 20 . 80 WCC (Supplementary
I Requirements) and Chapter 20 . 84 WCC (Variances, Conditional Uses and Appeals Deleted: the Whatcom County
- - ' SEPA Ordinance, the Official
Whatcom County Subdivision
Ordinance and the Whatcom
County Shoreline Management
Program
I . 155 Outdooriecreation facilities, athletic fields and public or private parks not _ _ - { Deleted: commercial
included in an adopted city or county Comprehensive Plan or Park Plan .
{ Formatted: Font: Verdana
A_
20. 63 . 550 Buffer area .
. 551 When parcels situated within this district adjoin an Agriculture, Urban
Residential , 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) adjacent to the named districts . Unless adjoining an Agriculture
zoning district, said area shall be landscaped consistent with the requirements of { Deleted: s J
WCC 20 . 80 . 345 .
Page 32 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
- , 4 Formatted: Font: Verdana
20.63. 651 Facility design .
Individual developments within a Tourist Commercial Zone District shall be
designed to accommodate additional commercial development on adjacent property
in an integrated manner. Consistent architectural treatment is encouraged . Each
development shall screen roof-mounted mechanical equipment so as not to be
visible by surrounding uses or roads.
si • n of the • ro Dosed use in the Tourist Commercial • ne • 'strict outside of urban _ - Deleted: If located within a Rural
growth areas shall be consistent with theComprehensive Plan rural land use Community designation,
chapter. ' o\\ Deleted: outside an urban
\\ growth area,
N ‘ Deleted: d
Deleted: Z
Deleted: D
Deleted: scale and intensity of
20.63. 700 Performance standards. the existing uses in the area and
consistent with the
The following provisions shall apply to all uses within this district :
. 705 Proposed new uses in Tourist Commercial zone districts located within a Rural
Communit desi • nation will be consistent with the size scale use or ' ntensit of - -f Deleted: outside urban growth
existing uses . areas
Deleted: and
20. 64 Resort Commercial ( RC) District
20.64.010 Purpose.
The purpose of the Resort Commercial District is to provide land areas which
I through their natural location and setting . and manmade attributes, attract resort
activities . The district shall be located and implemented consistent with the goals,
objectives and policies of the Comprehensive Plan . The district should be located in
such areas where adequate public services such as roads, sewer, water and
drainage are available, and be of such size that a viable resort can be established
and maintained . The district should provide for uses normally found in resort areas
and encourage the type of development which occurs in a cohesive fashion and
which promotes open space and other amenities considered significant for viable
resort areas .
Page 33 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20. 64.050 Permitted uses.
The following permitted uses shall be allowed subject to an evaluation by the
zoning administrator pursuant to the provisions of this chapter and Chapter 20 . 80
WCC . , - Deleted: In addition, each
permitted use shall be
administered pursuant to the
applicable provisions of the
Whatcom County SEPA
Ordinance, the Whatcom County
Subdivision Ordinance and the
Whatcom County Shoreline
20. 64. 100 Accessory uses. Management Program .
. 104 Home occupations pursuant to WCC 20 . 84. 150, except that oneperson other _ , - -{ Deleted: 97. 180
than family residing on the premises may be employed .
. 111 Other accessory uses and buildings, including dedicated employee housing ,
customarily appurtenant to a principally permitted use .
20 .64. 250 Minimum lot size.
Minimum lot size varies according to the availability of public water and/or public
sewer. Where public water service is not provided , the minimum parcel size shall be
five acres. Where public water service is provided but public sewer is not provided ,
the minimum parcel size shall be 18, 000 square feet when the conventional method
is utilized and 15, 000 square feet when the cluster method is utilized but may be
greater if the Whatcom County health department finds that conditions require the
larger size . The following lot sizes apply only where both public sewer and public
water serve the project :
. 251 Single-family dwellings and duplexes shall have a minimum net parcel size of
6, 000 square feet per ,lwellinq. ( Deleted: family
Page 34 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20.64. 550 Buffer area .
I . 551 Except for single-family residences, when a parcel situated within this district
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 landscaped
I consistent with the requirements of WCC 20 . 80 . 345 .
20 . 64.651 Facility design .
Individual developments within a Resort Commercial Zone District should be
encouraged to accommodate additional commercial development on adjacent
property in an integrated manner. Consistent architectural treatment is
encouraged . Each development shall screen roof- mounted mechanical equipment so
as not to be visible by surrounding uses or roads .
Desi s n of a proposed us - in the Resort Commercial • ne • 'strict outside of rban - - - Deleted: z
Growth Areas shall be fonsistent with the Comprehensive Plan rural land use Deleted: D
chapter. Deleted: consistent with the
scale and intensity of the
existing uses in the area and
20.64. 700 Performance standards.
The following provisions shall apply to all uses within this district :
. 708 Proposed new uses in Resort Commercial zone districts located within a Rural
Community designationbwill be consistent with the size, scale , use, or intensity of - - - Deleted: outside of Urban Growth
existing uses . N . Areas
Deleted: and
20. 67 General Manufacturing (GM ) District
Deleted: implement the
20.67.010 Purpose. / / / designation of the
I The purpose of this district is to provide for rural general manufacturing .pctivities = ' Comprehensive Plan by providing
P sufficient, fully serviced urban
which by their nature are less intensive uses than those of heavy industry but of areas commensurate with
demand for industrial
Page 35 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
greater intensity than uses associated with :he Rural Industrial - Manufacturing , - -( Deleted: a light industrial park
district, and to provide employment opportunities for residents of the rural area . setting
General manufacturing uses are primarily related to fabrication , manufacture,
storage and distribution of products which have minimal off-site impacts on
adjacent nonindustrial zone districts . It is a further purpose of this district to
encourage proper design of developments in order to minimize use conflicts within
and beyond the district's boundaries as enabled through the district's performance
and development standards, as well as buffer and setback requirements. This
district shall comply with the rural land use policies and criteria set forth in the
Comprehensive Plan . To retain and enhance the job base in rural areas, the county
must have the flexibility to retain existing business and allow them to expand , as
Der RCW 36 . 70A. 011 .
20. 67 .050 Permitted uses.
Unless otherwise provided herein, permitted , accessory and conditional uses shall
be administered pursuant to the applicable provisions of Chapter 20 . 80 WCC
( Supplementary Requirements) and Chapter • 20 . 84 WCC (Variances, Conditional
Uses and Appeals) , the Whatcom County SEPA Ordinance, the Whatcom County
Subdivision Ordinance and the Whatcom County Shoreline Management Program .
. 059 Processing and packaging of drugs, pharmaceuticals, perfume cosmetics, Deleted: and
supplements, remedies, or similar types of products _ _ - - Deleted: and _ _
" Deleted: when associated with
derivatives from local agriculture
! or other local resources
t
Deleted: .068 Retail sales of
• ' . . lumber and other building
materials.1 •
. 075 Eating establishments, convenience grocery stores, vehicle washes and
facilities, and gas stations operating primarily for the convenience of employees,
clients and customers of the district; providing the following criteria are met :
I ( 1 ) Maximum floor area is 2, 500 square feet per use; , , -( Deleted: 3
(2) No more than two pump islands for each gas station ;
(3) Centrally located within the district to primarily serve the uses of this district
and not to primarily serve the uses in adjacent residential, rural, or commercial
zone districts .
. 076 One storage building per lot; provided , that the storage building shall not
exceed :he exempt criteria stated in the adopted edition of the International 120 square feet in floor
Building Code , and shall only be used for personal storage and not for habitation or area
Page 36 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
business; and provided further, that the storage building shall contain no indoor
plumbing but may be served with electrical power for lighting .
20. 67 . 100 Accessory uses.
. 108 Retail trade of merchandise manufactured , assembled or stored on site within
the definition of accessory uses as defined in Chapter 20 . 97 ; provided retail
facilities do not exceed fifteen percent of the total floor area of all buildings located
On site . I Deleted: 20.67. 251 Large
commercial retail.¶
I Retail establishments with a floor
area less than 35,000 square
I feet are allowed in the General
Manufacturing (GM ) Zone. Retail
establishments within the
r , General Manufacturing Zone of a
short-term planning area of an
20.67.300 Maximum Building Size urban growth area are l
9 . up to 65,000 square feeet;;owed
. 301 In a Rural Community designation , the allowable building floor area shall not provided, that : ¶
exceed 20 ,000 square feet, or a larger size if consistent with the size, scale, use or stores ese floor area aggregated r gated in
stores shall be aggregated in
intensity of similar uses that existed on July 1 , 1990 within the areas currently cases where the stores (a) are
zoned GM and designated as a Rural Community. Determination on consistency engaged in selling of similar or
related merchandise and operate
with 1990 uses shall be made by the planning and development services under common ownership or
department and may be appealed per the process described in Section 20 . 84. 240 . management; (b) share check
stands, a warehouse, or a
. 302 In a Rural Business designation , the maximum allowable floor area is 35, 000 distribution facility; or (c)
square feet. otherwise operate as an
associated, integrated or
cooperative business enterprise. ¶
(2) Two thousand square feet of
interior loft floor area for
purposes of storage or
mechanical equipment is exempt
from the 65,000 square feet
20.67 .450 Lot coverage. maximum floor areal
(3) Retail establishments with a
Re8erved : floor area exceeding 35,000
square feet require connection to
20 .67 . 500 O en S ace. public sanitary sewer and water
p P services at urban levels of
At least 14percent of the site shall be kept free of buildings, structures, stored service. (Ord . 2008-039 § 1
materials, hard surfacing , parking areas and other impervious surfaces. (Exh. A), 2008)1
Deleted: The maximum building
coverage shall exceed 3535
,20. 67 . 550 Buffer area percent of the lot size.
. 551 When a parcel situated within this district adjoins an Agriculture, Urban • Deleted: 5
Residential, Urban Residential Medium Density, Rural or Residential Rural District, Deleted: Repealed by Ord . 97-
057. 11
Page 37 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
or county or state roads designated as or proposed for improvements to principal
arterial status, setbacks shall be increased to ,5 feet . , Unless adjoining an Deleted: 50
Agriculture zoning district, staid area shall be landscaped consistent with the Deleted: A minimum of 25 feet
requirements of WCC ,20 . 80 . 345 . Deleted: s
. 552 If any part of ,the buffer area is separated from or sold to any contiguous or Formatted: Font: Verdana
adjacent owner, lessee or user, the parcel so separated or sold shall be used only Deleted: said
as a buffer area in accordance with the above requirements.
20. 69 Rural Industrial - Manufacturing (RIM) District
20.69.010 Purpose.
The purpose of the Rural Industrial - Manufacturing District is to provide for
industrial and manufacturing uses that are commonly accepted in the rural area,
with preference to those uses which facilitate the production of agricultural , forest,
and aquatic products ; and to provide employment opportunities for residents of the
rural area . This zoning designation allows related processing facilities, limited direct
resource sales and limited support services that are not detrimental to the natural
resource base in the long term . The district shall comply with the rural land use
policies and criteria set forth in the Comprehensive Plan . This district may be
_ located in either a Rural Community or Rural Business area . To retain and enhance
the job base in rural areas, the county must have the flexibility to retain existing
business and allow them to expand , as per RCW 36 . 70A. 011 .
20.69 .050 Permitted uses.
The following permitted uses shall be allowed subject to an evaluation by the
zoning administrator pursuant to the provisions of this chapter and Chapter 20 . 80
WCC .
. 051 . Uses related to agriculture including , but not limited to :
( 1) Commercial operations, except for commercial mushroom substrate
production facilities as provided for in WCC 20 . 15 , that directly provide
agricultural goods or services to farmers . Examples of agricultural commercial
operations include, but are not limited to : agricultural parts and implement
sales, farm management services, livestock auction facilities, hay sales and
storage . sawdust sales and storage , and farm chemical applicator
establishments . These operations must abide by the limitations of 20 . 69 . 108 ,
and otherwise as outlined in this chapter.
(2) The processing of agricultural products that originate from the permitted
uses in WCC 20 . 40 . 050 , provided that the facility is not mushroom substrate
production facility and the facility processes at least 50 percent agricultural
goods produced in Whatcom County .
Page 38 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
(3) Animal hospital and accessory kennels and stables.
14) Commercial composting and mulching facilities other than commercial
mushroom substrate production facilities as provided for in WCC 20 . 15 .
( 5) Fabrication , maintenance , repair, storage, service and accessory sales of
agricultural implements and farm equipment.
(6) Metal agricultural implement and farm equipment recovery and recycling .
(7) Confined feeding operations less than 40 acres.
(8) Storage and distribution of animal feeds, fertilizers, pesticides and seed .
(9) Plant nurseries and greenhouses for storage, propagation and culture of
plants, including sales as an accessory use .
. 052 Uses related to forestry including , but not limited to :
( 1 ) Fabrication, maintenance , repair, service and accessory sales of forestry
related items, within the limitations of 20 . 69 . 108 and elsewhere as outlined in
this chapter.
(2) Forest industry storage and maintenance facility.
13) Forestry management services and forest industry support services.
(4) Log scaling station .
(5) Manufacturing wood products and containers.
(6) Operation of sawmills, chippers, shake and shingle mills, scaling stations, log
dumps, sorting and storage areas ; forest industry equipment maintenance and
storage yards, and forest industry residue dumps and other uses involved in the
harvesting and primary processing of timber ; provided :
fa ) The intent of processing is initial reduction in bulk and/or to facilitate
transport to secondary processing centers ; and
( b) All uses within 1 ,000 feet of a park, recreation area or zone district other
than Rural . Agriculture or Industrial shall be temporary and of less than 12
months' duration .
17) Wood waste recycling .
. 053 Uses related to aquatic resources including , but not limited to , the following :
( 1) Fabrication, maintenance , service, storage, repair and accessory sales of
equipment, vessels, and structures associated with aquatic natural resource
industries, within the limitations of 20 . 69 . 108 and elsewhere as outlined in this
chapter.
( 2) Aquaculture, including but not limited to management and propagation of
fish and wildlife , upland fish farming, seafood and shellfish processing and
accessory on-site sales .
. 054 Construction contractors' business offices and storage and equipment yards,
including the assembly and manufacturing of prefabricated wood building and
components.
Page 39 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 055 Manufacture of miscellaneous textile goods and fabrication of apparel including
clothing , hats, caps, millinery fur products ; and miscellaneous fabricated textile
products .
. 056 Fabrication of furniture and fixtures including household , office and public
building furniture ; and partitions, shelving and lockers.
. 057 Fabrication of paper products including paperboard containers, boxes, carrion
boxes and paper containers .
. 058 Printing and publishing newspapers, periodicals and books ; commercial
printing ; book binding ; and manufacture of manifold business forms and greeting
cards .
. 059 Fabrication of leather products including belting ; packing ; cut stock and
findings for shoes and boots ; shoes ; footwear; gloves and mittens ; luggage ;
personal leather goods and handbags.
. 060 Fabrication of glass products including glass products from prepared materials ;
stone cutting ; and monuments .
. 061 Processing and packaging of drug , pharmaceuticals, perfumes, cosmetics,
supplements and remedies, when associated with derivatives from local agriculture
or other local resources .
. 062 Fabrication of electrical equipment including industrial apparatus and
household appliances, radio and television sets ; communications equipment ;
electrical components and accessories ; and electric lighting equipment and lamps .
. 063 Fabrication of instruments, photographic goods, optical goods, watches and
clocks, and including engineering , scientific, surgical , medical , dental and
ophthalmic products .
. 064 Manufacture and fabrication of jewelry, silverware, plated ware , musical
instruments and parts, toys, sporting and athletic goods; pens, pencils and other
office and artistic supplies ; novelties, buttons and notions ; and miscellaneous
manufacture .
. 065 Rail , truck and freight terminals; warehousing and storage ; parcel delivery
service ; freight forwarding ; inspection weighing services ; and packaging and
crating .
. 066 Communications including telephone exchanges, and radio and television
stations . Broadcast towers require a conditional use permit pursuant to WCC
20 . 82 . 030 (4) .
. 068 Eating establishments, convenience grocery stores, cafes and gas stations
operating primarily for the convenience of employees, clients and customers of the
district ; providing the following criteria are met :
( 1) Maximum floor area of building is 3, 000 square feet;
(2) No more than two pump islands for each gas station ;
( 3 ) Centrally located within the district to primarily serve the industrial uses of
this district and not to primarily serve adjacent nonindustrial uses.
Page 40 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 069 Manufacture , processing , treatment or fabrication of metal products and
machinery ; provided , that smelters and remelting mills, and the manufacturing of
turbines, oil machinery, mining machinery, industrial process ovens , paper, and
textile or rolling mill machinery shall be prohibited .
. 070 Fabrication of rubber products from finished rubber only and manufacture of
miscellaneous plastic products from purchased resins only.
. 071 Manufacture of glass, glass products, pottery and related products, and cutting
and shaping of stone products .
. 072 One one-story detached accessory storage building per lot; provided , that the
floor area shall not exceed the exempt criteria stated in the adopted edition of the
International Building Code, 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 .
. 073 Secure community transition facilities for sex offenders, when located outside
of the Cherry Point Major Port Industrial Urban Growth Area .
( 1) A secure community transition facility shall not be located adjacent to,
immediately across the street or parking lot from , or within the line of sight of
existing risk potential facilities, which are :
fa) Public schools ;
( b) Private schools ;
(c) School bus stops ;
(d) Licensed day care ;
(e) Licensed preschool facilities ;
(f) Public parks ;
(9 ) Publicly dedicated trails ;_
(h ) Sports fields ;
( i) Playgrounds ;
(j) Recreational and community centers ;
( k) Churches , synagogues, temples or mosques ;
(I) Public libraries ;
(m) Public and private youth camps ; and
fn ) Other uses identified by the State Department of Social and Health
Services pursuant to RCW 71 . 09 . 020 .
"Within the line of sight" shall mean that it is possible to reasonably visually
distinguish and recognize individuals . An unobstructed visual distance of 600
feet shall be considered to be within the line of sight. Line of sight may be
considered to be less than 600 feet if the applicant can demonstrate that visual
barriers exist or would be created that would visually screen the risk potential
facility from the secure community transition facility.
Page 41 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
(2) No more than one secure community transition facility, with a maximum of
three people (other than staff) , shall be located within Whatcom County .
. 074 Historic sites open to the public, including natural systems education and/or
interpretive areas , and trails, trailheads, restroom facilities and associated parking_
areas for no more than 30 vehicles.
. 075 Public community facilities.
. 076 Wholesale trade or storage of durable and nondurable goods ; provided trade ,
storage or processing of sulphur shall be prohibited .
20.69. 100 Accessory Uses.
. 101 Employee recreation facilities and play areas .
. 102 Explosives storage operated in compliance with RCW Chapter 70 . 74.
. 103 Temporary buildings for construction purposes for a period not to exceed the
duration of such construction .
. 104 Metalworking shoo for the maintenance and repair of equipment used by the
primary permitted use .
. 105 On-site treatment and storage facilities for hazardous wastes associated with
outright permitted uses or approved conditional uses subject to the most current
siting criteria under WAC Chapter 173- 303 .
. 106 Testing and experimentation in connection with a principally permitted use .
. 107 Other accessory uses and buildings, including offices, security and a caretaker
residence , customarily appurtenant to a principally permitted use .
. 108 Retail trade of merchandise manufactured , assembled or stored on site within
the definition of accessory uses as defined in Chapter 20 . 97 : provided retail
facilities do not exceed fifteen percent of the total floor area of all buildings located
on site .
. 109 Childcare facilities operated by, maintained by or funded by business in the
district for the purpose serving the childcare needs of employees whose place of
employment lies within this zone district; provided , that childcare facilities in a
family dwelling shall conform to the definition of home occupation , WCC 20 . 84 . 150 .
20.69. 130 Administrative aoDroval uses. The following uses are permitted
with administrative approval pursuant to WCC 20.84. 235 :
. 131 Agricultural slaughtering facilities, if done in compliance with Title 16 WAC
(Department of Agriculture) and Title 16 RCW (Animals and Livestock) .
. 132 Temporary storage of moved buildings including manufactured homes,
provided storage is :
( 1 ) only for periods less than 12 months duration ; and
f2) limited with no work or maintenance done to the structure while in storage ;
and
( 3) limited further with no structure used for any other use than to be
temporarily stored on site .
Page 42 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
. 133 Storage or salvage of unlicensed/inoperable vehicles if done in compliance
with RCW Chapter 46 . 80 .
20.69. 150 Conditional uses.
Unless otherwise provided herein , conditional uses shall be administered pursuant
to the applicable provisions of Chapter 20 . 84 WCC (Variances, Conditional Uses and
Appeals) .
. 151 Manufacture . batching and recycling of hydraulic cement, concrete gypsum
and plaster products, abrasive asbestos. sand , and miscellaneous nonmetallic
mineral products .
. 152 Petroleum products and gas storage—bulk.
. 153 Confined feeding operations greater than 40 acres .
. 154 Repair, service and accessory sales for motor vehicles provided the use or
uses are not expected to generate significantly more traffic than that which would
ordinarily be expected by an industrial use of comparable intensity.
. 155 Public and private parks facilities not included in an adopted city or county
Comprehensive Plan or Park Plan .
. 156 Trailheads with parking areas for more than 30 vehicles.
. 157 Athletic fields .
. 158 Intermediate passenger intermodal terminals .
. 159 State education facilities .
. 160 Type I solid waste handling facilities .
. 161 Type II solid waste handling facilities.
. 162 Type III solid waste handling facilities ; provided , that :
( 1 ) The facility or site will not be located within the 100-year floodplain or the
Lake Whatcom watershed . The facility or site will not be located within any area
identified in an adopted critical areas ordinance unless outside of the floodplain
and at least three feet in elevation higher than the floodway elevation ;
( 2) Solid waste handling facilities shall be located at least 1 , 500 feet from the
following :
(a ) All zoning district boundaries, except Commercial Forestry and Industrial
Zones ;
(b) Public parks, public recreation areas, or publicly-owned wildlife areas ;
(c) Archaeological and historical sites that are registered with the State Office
of Archaeology and Historic Preservation ;
(d) Shorelines that are within the jurisdiction of the Shoreline Management
Program ;
(e) Rivers , streams or creeks that contain documented threatened or
endangered fish species ;
(f) This 1 , 500-foot buffer does not apply to :
Page 43 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
Si) Structures used for offices, storage areas for equipment, and weigh
scales. These facilities shall be set back from the property line 100 feet or
the standard zoning district setback, whichever is greater;
f ii) Inert landfills ;
(3) Inert landfills shall be located at least 500 feet from the following :
(a) All zoning district boundaries, except Commercial Forestry and Industrial
Zones ;
(b) Public Darks , public recreation areas , or publicly-owned wildlife areas;
(c) Archaeological and historical sites that are registered with the State Office
of Archaeology and Historic Preservation ;
(d ) Shorelines that are within the jurisdiction of the Shoreline Management
Program ;
fie) Rivers , streams or creeks that contain documented threatened or
endangered fish species ;
(f) This 500-foot buffer does not apply to :
( i ) Structures used for offices, storage areas for equipment, and weigh
scales . These facilities shall be set back from the property line 100 feet or
the standard zoning district setback, whichever is greater;
(4) The facility or site will not result in filling or excavation , location of structures
or buildings, driveways or machinery use except for vegetation maintenance
within 100 feet of any property line and except for driveways within 150 feet of
any county or state road right-of-way ;
15) The facility or site will have vehicular approaches designed to minimize
conflict between automobile and truck traffic, will maintain the carrying capacity
of county roads, and will be located on a road classified as all weather, except
where use is shown to be intermittent and easily delayed until emergency
conditions have passed ;
(6) The facility or site has complied with the provisions of WCC 20 . 84 . 200 and
all other ordinances and laws regulating solid waste facilities and sites, such as
but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well
as state and federal regulations concerning solid waste facilities and sites; and
(7) All landfills have a final closure plan meeting the requirements of WCC Title
24 and of Chapter 173- 350 WAC, and the closure plan includes :
(a ) Reclamation in two- to 10-acre increments, as appropriately responsive to
the size and intensity of the particular activity, with seeding to be
accomplished annually but no later than September 30th ; and
(b) Permanent vegetative cover that will maintain in healthy growing condition
with the level of maintenance that is covered through the financial assurance
for post-closure activities ;
(8) The buffer areas and visual screening shall include a minimum of 50 feet
wide of landscaping meeting the requirements of WCC 20 . 80 . 300 (Landscaping ) ;
Page 44 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
19) Solid waste facilities or sites shall be located outside the 10-year time of
travel boundary of a public water system 's delineated wellhead protection area ;
f10) Solid waste facilities or sites that handle putrescible waste will be located at
least 10, 000 feet from airports serving turbine- Dowered aircraft and at least
5, 000 feet from airports serving piston- powered aircraft. These buffers shall be
measured from the boundary of the Airport Operations Zone or, if the airport is
not within an Airport Operations Zone, from the boundary of the airport
oropertv ;
( 11 ) In addition , the Whatcom County hearing examiner may impose conditions
of approval which may be necessary to protect the value and enjoyment of
existing adjacent uses.
. 163 Mitigation banks as a form of compensatory mitigation for wetland and habitat
conservation area impacts when permitted in accordance with the provisions of
Chapter 16 . 16 WCC ; provided , applications for mitigation banks shall be processed
as a major development project pursuant to Chapter 20 . 88 WCC .
20. 69. 200 Prohibited uses.
. 201 All other uses .
. 202 Adult businesses.
20.69. 250 Minimum lot size.
The minimum lot size shall be consistent with the area required to meet the
building setback, lot coverage , buffer and development standards of the district.
20. 69 . 255 Minimum lot frontage.
For the purpose of dividing property, minimum lot frontage shall be sufficient to
provide adequate access and utility development, and meet applicable building
setback, buffer, and development standards of the district. In no case shall the
frontage be less than 30 feet.
20 .69 , 300 Maximum building size.
. 301 Except as otherwise specifically allowed in this chapter, in a Rural Community
designation , the allowable building floor area shall not exceed 22, 000 square feet,
or a larger size if consistent with the size, scale, use or intensity of similar uses that
existed on July 1, 1990 within the areas currently zoned RIM and designated as a
Rural Community. Determination on consistency with 1990 uses shall be made by
the planning and development services department and may be appealed per the
process described in Section 20 . 84 . 240 .
. 302 In a Rural Business designation , the maximum allowable floor area is 35 , 000
square feet.
20.69 ,350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20 . 69 . 550 and WCC
20 . 80 . 200 .
Page 45 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20.69 .400 Height limitations.
No maximum structure height is established : however, when building height
exceeds 35 feet, the setback requirements of WCC 20 . 80 . 200 shall be increased by
one foot for each foot of building height in excess of 35 feet, as applicable to all
setbacks . Height of structures shall also conform, where applicable, to the general
requirements of WCC 20 . 80 . 675 . Piles of materials , including those stored and/or
processed on site, shall not exceed 35 feet.
20.69 .450 Lot coverage.
Reserved .
20.69. 500 Open space.
At least 10 percent of the site shall be kept free of buildings, structures, stored
materials, hard surfacing , parking areas and other impervious surfaces .
20 . 69. 550 Buffer area.
. 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
increased 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 only
as a buffer area in accordance with the above requirements .
20.69 . 600 Sign regulations.
Sign regulations shall be administered pursuant to WCC 20 . 80 . 400 .
20. 69.650 Development criteria .
20. 69 .651 Facility design .
Rural Industrial and Manufacturing developments within this Zone District should be
designed to accommodate additional industrial , manufacture, or commercial
development on adjacent RIM or other commercially-zoned property in an
integrated manner. Consistent architectural treatment is encouraged . Each
development shall screen roof-mounted mechanical equipment so as not to be
visible by surrounding uses or roads.
Design of a proposed use in the Rural Industrial and Manufacturing zone district
shall be consistent with the Comprehensive Plan rural land use chapter.
20. 69 .652 Landscaping .
Refer to WCC 20 . 80 . 300 for landscaping requirements.
20. 69. 653 Off-street parking and loading.
Off-street parking and loading provisions shall be administered pursuant to WCC
20 . 80 . 500 . In addition , loading areas must be located in such a manner that no
Page 46 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
loading , unloading and/or maneuvering of trucks associated therewith takes place
on public rights-of-way.
20.69.655 Drainage.
All development activity within Whatcom County shall be subiect to the stormwater
management provisions of the Whatcom County Development Standards unless
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
engineer or State Department of Highways, as applicable .
20.69 .657 Access.
Access shall conform to the provisions of WCC 20 . 80 . 565 and 20 . 80 . 660 .
20 .69 . 658 Maintenance.
The owner, lessee or user shall be responsible for maintaining an orderly
appearance of all properties , and shall be responsible for assuring the care and
maintenance of any natural growth where appropriate . All required yards, parking
areas, storage areas, operation yards and other open uses on the site which are
adjacent to a public right-of-way shall be maintained in a neat and orderly manner
appropriate for the district at all times .
20.69.659 Enclosure.
All manufacturing or fabrication processes which produce physical off-site impacts
of a detrimental nature shall be sufficiently enclosed to mitigate the impact.
20.69.700 Performance standards.
20.69.701 Pollution control and nuisance abatement.
Each industrial and/or manufacturing activity is required to continuously employ the
best pollution control and nuisance abatement technology when reasonable and
practicably available ; provided , that where federal , state, or regional laws or
regulations provide for the level of technology to be employed , the appropriate
standards shall apply .
20. 69.702 Heat, light and glare.
All operations and facilities producing heat, light or glare, including exterior lighting ,
shall be so constructed , screened or used as to not unreasonably infringe upon the
use and enjoyment of property beyond the boundaries of the district.
Page 47 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20.69. 703 Ground vibrations.
No ground vibration other than that caused by highway vehicles, trains or .
construction activity shall be permitted which is discernible, without instruments, at
or beyond the property line for the use concerned .
20 .69. 704 Odor, dust, dirt, and smoke.
No odor, dust, dirt, or smoke shall be emitted that is detectable at or beyond the
property line , for the use concerned , in such a concentration or of such duration as
to cause a public nuisance , or threaten health or safety, or to unreasonably infringe
upon the use and enjoyment of property beyond the boundaries of the district.
20. 69. 705 Noise.
No use in this district shall exceed the maximum environmental noise level
established by Chapter 173-60 WAC .
20.69.706 Toxic oases and fumes.
There shall be no emission of toxic gases or fumes.
20.69.707 Liquid pollutants.
There shall be no off-site release to soil or surface drainage ways of water borne or
liquid pollutants.
20.72 Point Roberts Special District
20 . 72.010 Purpose.
Point Roberts is a unique area of Whatcom County because of its relatively small
size, its mixed development character, its relative isolation and the constraints on
normal growth patterns caused by the impact of access only via an international
border crossing . This geographic isolation from the remainder of Whatcom County
complicates the direct application of other zone districts within this title . Point
Roberts is considered a limited area of more intense rural development, being
clearly bounded by the border and marine environment . However, within these
boundaries are zoning districts allowing a variety of development intensities.
Proposed changes in uses or lots, and new proposed uses, must be consistent with
rural land use as set forth in the Comprehensive Plan .
The Point Roberts Special District is an overlay zone which imposes additional
controls and creates opportunities not available in the underlying zone districts to
fit the needs of Point Roberts. This district is designed to protect the rural character
of Point Roberts while allowing opportunities for community growth and self-
reliance .
Page 48 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20. 72. 200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the following uses
are prohibited :
Deleted: .203 Neighborhood
r grocery prohibited
he Rural Zone.9
in
•
20.72 . 653 Tree canopy retention .
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 following
provisions :
I ( 1 ) In the RC,itGC, and STC Districts, existing tree canopy areas (as defined by - - - -( Deleted: GC NC
the dripline of the tree (s) ) may be used to meet all or part of the open space
requirements of this title . If existing tree canopy areas do not fully satisfy the
minimum 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
( ) Y P 9
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 .
Page 49 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20.80 Supplementary Requirements
20 .80. 210 Minimum setbacks.
( 5) Setbacks. For the purposes of this chapter, the road classification used to
determine setback requirements shall be as set forth in WCC 20 . 80 . 210 . In the
event a particular road is not listed in the WCC 20 . 80 . 210, the department of
public works shall determine the classification, which classification shall be
based on the Whatcom County Development Standards or such other local, state
or federal roadway 'standards as the department of public works deems
appropriate .
(a ) Setbacks 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
9 p Y Y
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 ten foot setback from the International border between Canada and
United States shall be maintained as an open space vista . The ten foot
setback area may be used for landscaping , agriculture, and natural
vegetation . Structures may only be built within the ten foot setback area
after approval from the International Boundary Commission .
( b) Setbacks Table
Commercial Setbacks
Page 50 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
General Commercial (GC)
Road Type Other
Commercia Collector Minor Local Neighbor- Minor Side Rear
If Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I-5, State Collectors
Hwys,
Principal &
Minor
Arterials
30' 1 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
Commercia Collector Minor Local Neighbor- Minor Side Rear
I Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I-5 , State Collectors
Hwys,
Principal &
Minor
Arterials
30, 1 30' 25' 25' 25' 20' OF 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
Commercia Collector Minor Local Neighbor- Minor Side Rear
If Arterials or Collectors Access hood Access Yard Yard
Industrial , ' Major Streets Collector Streets
I-5, State Collectors
Hwys,
Principal &
Minor
Arterials
30' 1 30' 25' 25' 25' 20' 0' 10'
Water Resource Protection Overlay
30' 130' 20' 20' 20' 20' OF 15'
Page 51 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
I 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.
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
Commercia Collector Minor Local Neighbor- Minor Side Rear
I , Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I-5, State Collectors
Hwys,
Principal &
Minor
Arterials
30' 1 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, adiacent, 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 ) .
Re"sort COrrrnerclal'(RC)
Road Type Other
Commercia Collector Minor Local Neighbor- Minor Side Rear
1, Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I-5, State Collectors
Hwys,
Principal &
Minor
Arterials
30' 30' 25' 25' 25' 20' 5'2 5r2
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
Page 52 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
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 ten foot setback from the International border between Canada and United States shall
be maintained as an open space vista . The ten foot setback area may be used for
landscaping, agriculture, and natural vegetation . Structures may only be built within the ten
foot setback area after approval from the International Boundary Commission .
Neighborhood Commercial,
Road Type Other
Commercia Collector Minor Local Neighbor- Minor Side Rear
I, Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I- 5, State Collectors
Hwys,
Principal &
Minor
Arterials
25' 25' 25' 25' 25' 20' Of 10'
Water Resource Protection Overlay
30' 30' 20' 20' 20' 20' 0' 10'
1 . Neighborhood Commercial District. Setbacks for those parcels situated adjacent to
I Agriculture, Urban Residential, Residential Rural and Rural Zone Districts shall be
administered pursuant to WCC 20 .60 . 550 (Buffer area) .
1 - When located adjacent to I- 5 these setbacks may be reduced to 25 ' subject to
the screening requirements under WCC 20 . 80 . 300 .
2 - 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.
Industrial Setbacks
Heavy Impact Industrial (HII)
Road Type Other
Commercia Collector Minor Local Neighbor- Minor Side Rear
I, Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I-5, State Collectors
Hwys,
Principal &
Page 53 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
Minor
Arterials
100' 100' 100' 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;
(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 .
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 Impact 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 subsection
(3) (d ) of this section .
Light Impact Industrial (LII)
Road Type Other
Page 54 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
Commercia Collector Minor Local Neighbor- Minor Side Rear
I , Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I-5, State Collectors
Hwys,
Principal &
Minor
Arterials
30' 30' 30' 30' 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. In addition, the zoning
administrator may reduce side and rear yard setbacks for other structures as provided by
subsection ( 1 ) (d) of this section (4) of the Light Impact Industrial zone.
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;
(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
Commercia Collector Minor Local Neighbor- Minor Side Rear
I , Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I-5, State Collectors
Hwys,
Page 55 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
Principal &
Minor
Arterials
30' 30' 30' 30' 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 . 67 . 550 ( Buffer Area) .
4. The provisions of subsection ( 1 ) (d) of this section may be applied to side and rear yard
setbacks in the General Manufacturing District. 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
j 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 subsection
(2) (d ) of this section .
Gateway Industrial (GI)
Road Type Other
Page 56 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
Commercia Collector Minor Local Neighbor- Minor Side Rear
I , Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I-5, State Collectors
Hwys,
Principal &
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
Commercia Collector Minor Local Neighbor- Minor Side Rear
I , Arterials or Collectors Access hood Access Yard Yard
Industrial , Major Streets Collector Streets
I-5, State Collectors
Hwys,
Principal &
Minor
Arterials
30' 30' 30' 30' 30' 20' 10' 10'
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
Page 57 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
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
Commercia Collector Minor Local Neighbor- Minor Side Rear
I Arterials or Collectors Access hood Access Yard Yard
Industrial . Major Streets Collector Streets
I-S, State Collectors
Hwys.
Principal &
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) .
20 .80. 360 Special requirements for individual zone districts.
References to front yard landscaping in ( 1 ) through (6) below shall be based on the
property line except where the county engineer determines the road is developed at
its ultimate width, then the back of the sidewalk can be used .
( 1 ) Urban Residential Medium Density ( URM), Neighborhood Commercial ( NC) ;
Resort Commercial ( RC), and for nonresidential uses in the Residential and Rural
Districts : 15 feet within the front yard setback and situated adjacent to the road
shall be landscaped with vegetative material, except for driveways, walkways
and signs . The remainder of the front yard setback may be used for parking .
(2) Tourist Commercial (TC) , Rural General Commercial (RGC) and General
Commercial (GC) : 10 feet within the front yard setback and situated adjacent to
the road shall be landscaped with vegetative material, except for driveways,
walkways and signs . The remainder of the front yard setback may be used for
parking .
( 3 ) Gateway Industrial (GI) :
(a ) Fifteen feet within the setback from Portal Way and situated adjacent to
the road shall be landscaped with vegetative material, except for driveways,
walkways and signs . The remainder of the front yard setback may be used for
parking .
( b) Twenty-five feet within the setback from Interstate 5 and situated adjacent
to the road shall be landscaped with vegetative material, except for driveways,
Page 58 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
walkways and signs . The remainder of the front yard setback may be used for
parking .
(4) Rural Industrial and Manufacturing (RIM) , Light Impact Industrial ( LII) and
Airport Operations (AO) : 15 feet within the front yard setback and situated
adjacent to the road shall be landscaped with vegetative material, except for
driveways, walkways and signs. The remainder of the front yard setback may be
used for parking . When the Light Impact Industrial zone fronts a minor or local
access street the requirements for the General Manufacturing zone may be
used .
( 5) General Manufacturing (GM) : Five feet within the front yard setback and
situated adjacent to the road shall be landscaped with vegetative material,
except for driveways, walkways and signs . The remainder of the front yard
setback may be used for parking . Subject to approval of the county, street trees
may be placed in the right-of-way and the five-foot landscaping strip provided
contiguous to the building with the front yard setback used for circulation of
trucks and heavy equipment. In this situation to provide visual relief open space
should be primarily concentrated in the side yards unless natural habitat in the
rear such as wetlands or streams are present which should take precedence .
(6) Heavy Impact Industrial ( HII) : For heavy industrial uses refer to the
buffering requirements in WCC 20 . 68 . 550 . For all other uses the front yard
landscaping shall be 15 feet similar to the requirement for the Light Impact
Industrial zone .
f Deleted: 20.80.365
,20.80.430 Rural General Commercial and General Commercial District sign Conformance to Guide
regulations. i■
Meridian plan.¶
Properties which are generally
$ located on the Guide Meridian
between Horton and Kellogg
20 .80.440 Small Town Commercial and Resort Commercial District sign o Roads, and specifically identified
re ulations. 0 in the Guide Meridian
9 Improvement Plan, shall be
it subject to the provisions of said
't, plan. The provisions of said plan
t' shall supersede this chapter
20 .80.450 General manufacturing, light and heavy impact industrial, rural where there is inconsistency in
industrial and manufacturing, and airport operation districts sign minimum building setback and
I' landscape requirements.¶
regulations. it
Formatted: Font: Bold
Formatted: Font: Bold
20.82 Public Utilities
20.82.010 Intent.
The provisions of this chapter regulate the installation , maintenance and operation
I of public utility lines, sanitary sewer, pipelines for oil and gas, railroads (but not
included switching yards or round houses) , or maintenance facilities . The citizen
initiative, enacted through Ordinance 90- 124, regarding power line placement,
Comprehensive Plan land use designations, Comprehensive Plan policy directives
and the specific provisions of this chapter, shall be the basis for decisions regarding
Page 59 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
utility development. This chapter applies to all zoning districts unless stated
otherwise .
20.82.030 Conditional uses.
The following uses shall require a conditional use permit or major project permit
and shall be subject to a threshold determination in accordance with the Whatcom
County SEPA Ordinance :
( 3) New sewer and/or water lines with an inside diameter greater than eight
inches except for new sewer and/or water lines located and installed by a public
utility or municipality within urban growth areas, and in conformance with a
state approved sewer and/or water comprehensive plan and consistent with the
Whatcom County Comprehensive Plan which shall be permitted outright ,
Deleted: the following
Deleted: :
(4) New sewer line extensions with an inside diameter of six inches or greater
and length of 150 feet or greater, except for new sewer lines located and
installed within urban growth areas or limited areas of more intensive rural
development (IAMIRDs) , and in conformance with a state approved sewer
and/or water comprehensive plan and consistent with the Whatcom County
Comprehensive Plan , which shall be permitted outright.
, ( Electronic communications structures and telecommunication towers _ Deleted: (a) New sewer and/or
including associated maintenance and operations structures, provided this water lines located and installed
by a public utility or municipality
section shall not apply to any structures associated with wireless i in conformance with a state
communications facilities . approved sewer and/or water
comprehensive plan and
(C) Water storage reservoirs with volumes exceeding 50, 000 gallons or those ', consistent with the Whatcom
with height in excess of 12 feet above the ground level measured within 20 feet County Comprehensive Plan .¶
(b) New sewer and/or water
in all directions of the tank. , line(s) whose principal function
7 Utility structures located above ground such as um stations, equipment is to provide service to a new
(-.� Y as _pump development(s) approved either
buildings and similar structures greater than 100 square feet in area . ' it I by Whatcom County or a
municipality.¶
(4,) Sewer and water treatment plantsL except that sewer treatment plants are ' ' ; (c) New sewer and/or water lines
prohibited in the Airports Operations Zone . \ ', \ for the purpose of addressing a
health emergency documented
(9l Electrical substations and electrical powerlines operating at voltages greater by the state or county health
than 55 kV ( 55, 000 volts) ; provided , applications for such substations and '\ , ' ',, department.¶
power lines shall be processed as a major development permit (pursuant to Deleted: 5
Chapter 20 . 88 WCC) ; provided , that no further major development permit shall `\ \', Deleted: 5
be granted for such lines which : \ Deleted: 6
(a ) Operate at greater than 115 kV ( 115, 000 volts) except on land where such Deleted: 7
permits have already been granted or in those districts classified as industrial ; t Deleted: 8
or
Page 60 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
( b) Operate at 115 kV ( 115, 000 volts) and carry greater than 160 mw ( 160
megawatts) average loading , except on land where such permits have already
been granted or in those districts classified as industrial . For purposes of this
section , `average loading" means the average power in megawatts carried by
a power line over any 12-month period ; provided , that loading at full line
carrying capacity may not extend beyond any 90-day period ;
(c) Are dedicated to provision of transmission service to (from ) an electrical
generating plant having a generating capacity greater than 160 mw ( 160
megawatts) , except on lands where such permits have already been granted
or in those districts classified as industrial .
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
conditional use at the proposed location :
f3) If located in a rural area (as designated in the Comprehensive Plan) , will be
consistent with ural land use olicies as designated in the Rural Lands Element _ _ - Deleted: existing use, scale, and
of the Comprehensive Plan . intensity, and in conformance
"1/4 , with the
(4) Will not be hazardous or disturbing to existing or future neighboring uses . Deleted: character
( 5) Will be serviced adequately by necessary public facilities such as highways, Deleted: and not characterized
streets, police and fire protection, drainage structures, refuse disposal , water by urban growthof the area .
and sewers, and schools; or that the persons or agencies responsible for the
establishment 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
facilities and services, and will not be detrimental to the economic welfare of the
community .
(7) Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or the
general welfare 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
historic feature of major importance .
Page 61 of 65
•
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
20.84. 225 Revisions to conditional use permits.
The hearing examiner may approve revisions to conditional use permits ; provided ,
that the proposed changes are within the scope and intent of the original permit.
"Within the scope and intent of the original permit" shall mean the following :
( 1 ) Lot coverage and height may be increased a maximum of 10 percent from
the provisions of the original permit; provided , that revisions involving new
structures not shown on the original site plan shall require a new permit; and
provided further that any revisions authorized under this paragraph shall not
exceed height, lot coverage, setback or any other requirements of the
regulations for the area in which the project is located ; and provided further that
any revisions authorized under this paragraph shall be reviewed for consistency
with the relevant chapters and policies in the Comprehensive Plan .
( 2) Landscaping may be added to a project without necessitating an application
for a new permit; provided, that the landscaping is consistent with conditions (if \ ` - Deleted: of
any) attached to the original permit and is consistent with the regulations for Deleted: if
the area in which the project is located ;
20.84. 235 Administrative approval uses.
( 3) Planning and development services shall approve or deny all administrative
approval use applications . Decisions for all administrative approval use permits
except adult businesses shall be based upon compliance with
fa ) the criteria established for the proposed use in the appropriate zone districts,.
( b) the Comprehensive Plan policies governing the associated land use
designation ;
(c) in rural areas, consideration will be given to the cumulative impacts of
permitted uses in relation to the governing Comprehensive Plan policies and
zoning district; and
(d ) the requirement of this section and of WCC 20 . 84 . 220 .
Decisions for administrative approval use permits for adult businesses shall be
based solely upon the criteria in subsection (7) of this section .
Page 62 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
I 20.97 Definitions
20.97. 121 . 1 Existing uses.
" Existing uses" - when referencing uses within a Rural Community Type I
LAMIRD - means legally established uses that existed on July 1, 199Q. , - Deleted: a
- Deleted: either: ¶
Deleted: if inside a Rural
Community or other type I
20 .97. 165 Grocery store. LAMIRD area ; oil
September 20, 2005 if inside a
"Grocery store" means a place of business predominately engaged in ,the retailing of type II or III LAMIRD area
food to the public, including fresh fruits and vegetables, and food which is - Deleted: selling
manufactured on the premises as an integral part of the retail operation . A grocery
store may also engage in the retailing of other items generally used in and around
homes including ,drinks/ medical aids/ school supplies/ papers, magazines and other { Deleted: foods,
household items .
20 .97. 194 LAMIRD.
"LAMIRD" means a limited area of more intensive rural development as described in
the Whatcom County Comprehensive Plan , land use chapter. LAMIRDs are
characterized by existing uses and separated into three different types as follows :
Type 1 LAMIRDs are commercial , industrial . residential or mixed use areas
surrounded by logical outer boundaries, and as defined in the Comprehensive
Plan and WA State law (RCW 36 . 70A. 070( 5) (d ) ( i) .
Type 2 LAMIRDs are small-scale recreational or tourist areas as defined in
the Comprehensive Plan and WA State law (RCW 36 . 70A . 070 ( 5) (d) (ii) .
Type 3 LAMIRDs are isolated business uses as defined in the Comprehensive
Plan and WA State law (RCW 36 . 70A. 070 (5) (d ) ( iii) .
20.97. 282 Outdoor recreation facilities.
"Outdoor recreation facilities" means land which is used for outdoor recreational
activities. Such facilities include , but are not limited to , tennis and/or racquetball
and basketball courts ; soccer. baseball and football fields ; climbing walls ; baseball
batting cages ; golf courses or driving ranges ; and swimming pools .
20.97. 293. 1 Passenger Intermodal Terminal
j1 ) "Intermediate Passenger Intermodal Terminal " means a terminal providing
predominantly ground and other appropriate and viable low- impact modes of transit
for general local commuter traffic, linking Rural Communities with cities, urban
growth areas and major passenger intermodal terminals .
Page 63 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
(2) " Major Passenger Intermodal Terminal" means a generally large scale central
terminal linking multiple intermediate passenger intermodal terminals and other
local transportation corridors to current modes of transit for regional and long
distance travel and shipment of commodities.
20.97.323. 1 Public Community Facility.
" Public community facility" means a publicly funded community service facility,
including but not limited to a fire station , law enforcement station , public school ,
library, or water/sewer treatment facility; and excluding correction facilities .
20 .97 .356 Rural Business.
" Rural business" means a business that provides limited commercial services and
job opportunities for rural residents, and is a specific designation under the
Comprehensive Plan . Typical uses within a Rural Business designation include the
production or manufacturing of goods ; the production , repair and servicing of
specialized tools and equipment; and the provision of services, including
professional , management, consulting , construction , and repair services . Although
rural in nature, the uses within the Rural Business designation are typically greater
in intensity than Cottage Industries within the Rural zone district.
20.97. 356. 1 Rural Community
" Rural Community" means an area that has been designated in the Comprehensive
Plan as a mixed-use LAMIRD based on historic development patterns, as defined in
WA State law (RCW 36 . 70A. 070 (5 ) (d) (i) and (iv) ) .
20 .97 . 357 Rural zoning districts.
" Rural zoning districts" means zoning districts that allow rural, agricultural,
I recreation and forestry activities;. These zoning districts includel R2A, R5AL R10A1 , , - Deleted: and do not require
ROS, Agriculture, and Forestry . This definition is intended for the purpose of sewer and/or water prior to
� development
regulating clearing activity only .
20. 97.445 Urban zoning districts.
"Urban zoning districts" means zoning districts that allow industrial and commercial
activities, and high and medium density residential densities . These zoning districts
I include : UR, URM , RR, RR-I, NC, RGC, GC, TC, RC, GI, LII, GM , HII, RIM and AO .
This definition is intended for the purpose of regulating clearing activity only .
Page 64 of 65
Exhibit B: WCC Title 20 Proposed Amendments April 26, 2011
County Council Final Draft
Page 65 of 65
Page,5 [1] Deleted Gary Davis 2/16/201110 16;00; AM
( 1 ) These uses are only allowed in UR designations in small towns and
crossroads commercial areas designated on the Comprehensive Plan map .
( 2 ) The parcel must access from a collector arterial or higher standard street .
(This could include a shared access . )
( 3 ) Minimum parcel size is one- half acre .
(4) Individual buildings will be limited to a maximum of 10 , 000 square feet
total floor area except for existing buildings .
( 5 ) At least 25 percent of any parcel shall be utilized for open space (an area
devoid of structures ) , accessory facilities, and impervious surfaces .
( 6) All work is conducted within a building , except for loading and unloading ,
and no outdoor storage is allowed .
( 7 ) There is no industrial discharge to a public sewer or septic system .
(8) There is no storage or handling of hazardous, explosive, highly flammable
materials which would cause fire, explosion or safety hazards . This is to be
reviewed by the fire district prior to approval .
(9 ) There is no production of noise at property lines in excess of the average
intensity of street and traffic noise found in the district .
( 10 ) There is no emission of dust, dirt, odors, smoke, or toxic gases and
fumes .
( 11 ) There is no production of heat, glare or vibration perceptible from any
property line of the premises .
( 12 ) There is no off-site release to soil or surface drainage ways of water
borne or liquid pollutants .
( 13 ) All other applicable standards of the UR zone shall apply, except :
(a ) Rear and side yard requirements shall be increased to 10 feet ;
( b ) Parking surfacing (as opposed to area ) may be reduced if it can be
demonstrated that on -street parking will not be utilized as employee parking .
( 14 ) There are two signs permitted . One nonilluminated freestanding
and not to exceed six feet in height . One additional nonilluminated
sign may be 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.
Page 5: [2] Deleted Gary Davis 2/16/2011 10:25:00 AM
One private, noncommercial , recreational vehicle or park model trailer and
one accessory guest RV per lot within pre-existing recreational subdivisions
of the Foothills Subarea , as listed in WCC 20 . 97 . 337 ; 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 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 .
( 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 .
(4) Lots shall not be leased or rented out on a daily or overnight basis for
recreational use .
( 5 ) 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 area per lot ; provided , that the 200 -square foot limitation shall
not apply to that portion of a carport covering the RV .
( 6 ) The locations of parked RVs on vacant lots shall observe normal building
setback 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 . ( Ord . 2010 - 016
§ 1 ( Exh . A) , 2010 ; Ord . 2009 - 034 § 1 (Att . A) , 2009 ; Ord . 2006- 061 § 1
(Att . A) ( 7 ) , 2006 ; Ord . 2005 - 079 § 1 , 2005 ; Ord . 2000 - 040 § 1 , 2000 ; Ord .
99 - 068, 1999 ; Ord . 98- 083 Exh . A § 6, 1998 ; Ord . 98 - 018 § 1 , 1998 ; Ord .
96- 056 Att . A § B2, 1996 ; Ord . 95 - 031 , 1995 ; Ord . 95 - 010 , 1995 ; Ord . 91 -
009, 1991 ; Ord . 87 - 12 , 1987 ; Ord . 87- 11 , 1987 ) .
Page 8: [3]. Deleted Gary Davis 2/16/201110:13:00 AM
Maximum density and minimum lot size outside an urban growth area .
Minimum Lot Size Min . Reserve
Gross Area (Cluster
District Density Conventional Cluster Subdivisions)
U R : all densities without 1 dwelling 5 acres 1 acre 80 %
public sewer and water unit/ 5
acres
U R : all densities outside 1 dwelling 5 acres 1 acre 80%
small towns and resort unit/5 without
recreational subdivisions acres public water
and sewer
12 , 500 sq .
ft . with
public water
or sewer
U R : all densities with public 1 dwelling 5 acres 12 , 500 sq . 80%
sewer or water unit/5 ft .
acres
U R- 3 : in small towns or 3 dwelling 12 , 000 sq . ft . 8 , 000 sq . 25%
resort recreational
units/ 1 ft .
subdivisions with public acre
sewer and water, and
stormwater collection and
detention facilities
U R-4 : in small towns or 4 dwelling 8 , 000 sq . ft . 6 , 000 sq . 20%
resort recreational units/ 1 ft .
subdivisions with public acre
sewer and water, and
stormwater collection and
detention facilities
(Ord . 2007-048 § 2 Exh . B, 2007; Ord . 2005-041 § 1 Exh . A, 2005;
Ord . 98-083 Exh . A § 12, 1998; Ord . 87 - 12, 1987; Ord . 87 - 11, 1987;
Ord . 84-38, 1984; Ord . 82-58, 1982 . Formerly 20 . 20 . 252) .
Page 16: [43 Deleted Staff 5/28/200910:47:00 AM
. 160 Neighborhood grocery stores in small towns and crossroads commercial
areas only ; provided , that :
( 1 ) The gross commercial floor area , including sales and storage areas,
shall not exceed 2 , 500 square feet except that the overall floor area may
be increased to a maximum of 3 , 500 square feet where an ancillary use is
approved by the hearing examiner. All ancillary uses shall not exceed 30
percent of the total floor area and must have similar type and level of
impacts as generated by a neighborhood grocery store . Such ancillary
uses may include but not be limited to post office, soda fountain ,
hardware sales or clothing sales ;
( 2 ) Storage areas shall be located entirely within the structure ; however,
outside storage of solid waste receptacles shall be permitted if the
receptacles are enclosed and screened from public view ;
( 3 ) The owner may have no more than two gasoline pumps ;
(4) Minor auto repairs may be provided ; however, engine overhaul , body
and fender work, tire recapping and vehicle sales are prohibited ;
( 5 ) Hours of operation shall be limited to 7 : 00 a . m . through 11 : 00 p . m . ;
( 6 ) Height of the building shall not exceed 28 feet from the average
grade ;
( 7 ) The site shall be full fronting on two or more improved public roads or
streets ;
( 8) Internal structural lighting shall be limited to hours of operation and
shall be designed and installed to prevent the illumination of adjacent
properties ; however, lighting for security purposes may be used after
business hours if such lighting is consistent with the above statement ;
and
( 9 ) Not more than two identification signs, not exceeding 40 square feet
in area for each road frontage shall be permitted ; provided , that said
sign (s ) shall be attached flush against the building , but shall not project
above any part of the roofline nor extend more than 18 inches from the
wall of the building to which it is attached . Said sign (s ) shall be
harmonious and compatible in appearance with the character of the
surrounding area . Signs may only be illuminated by an indirect external
source .
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