HomeMy WebLinkAboutord2010-016 •
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-048
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: n 1/12/2010 Introduction
Michelle Stiles Y
/+9 1 2 , �G� •o ?
Division Head: 1 R E C E O v E0 1/26/2010 Planning and
Wain Harrison Development
Dept. Head: . JAN '0 5 2010 Committee
P 1/26/2010 Council
David Stalheim 1, " '/ JA -61 - a ?
Prosecutor: WHATCOM COUNTY
R o y c e Buckingham 4 4 2- .3 COUNCIL 2 / 09 / 10 P &D / Council _
Purchasing/Budget:
Brad Bennett 2 / 23 / 2010 Hearing
Executive:
PeteKremen �—S /e 3 / 16 / 2010 Hearing
TITLE OF DOCUMENT:
Ordinance clarifying and revising the definition and standards of accessory apartments and second cooking facilities within
Whatcom County' s zoning code, Title 20.
ATTACHMENTS:
( 1 ) Memorandum
(2) Ordinance
SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( x ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
The proposal is to amend Whatcom County Code (WCC) Title 20 . The purpose of the amendment is to clarify and revise
the definition and standards of accessory apartments, as well as incorporate a definition of a second cooking facility.
Incorporation of this proposal is for consistency and predictability within WCC Title 20 .
COMMITTEE ACTION: COUNCIL ACTION:
1 / 26 / 2010 : Held in committee 1 / 12 / 2010 : Introduced
2 / 09 / 2010 : Staff submitted a substitute 2 / 09 / 2010 : Held for Hearing 2 / 23 / 2010
version of the ordinance ( dated 2 / 8 / 10 ) , 2 / 23 / 2010 : Amended - Public Hearing to be
which the committee recommends amending and scheduled March 16 , 2010
adopting .
3 / 16 / 2010 : Council Amended and Adopted 7 -0
Ord . 2010- 016
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2010- 016
1
2
3 SPONSORED BY : Consent
4
5 PROPOSED BY : PDS
6
7 . INTRODUCTION DATE : 1 / 12 / 2010
8
9
10
11 ORDINANCE NO . 2010- 016
12
13 Amending Whatcom County's zoning code, Title 20, for the purposes of clarifying
14 and revising the definition and standards of accessory apartments and second
15 cooking facilities throughout the code.
16
17
18 WHEREAS, The proposed amendment to the Whatcom County Official Zoning
19 Ordinance was initiated to the docket by Whatcom County Planning and Development
20 Services, and was given file number PLN2009- 00006 .
21
22 WHEREAS, Notice of the proposed amendment was sent to the Department of
23 Community, Trade and Economic Development (CTED) and other state agencies on
24 August 18 , 2009 . On August 24, 2008 CTED notified Whatcom County that notice of
25 the proposed amendment had been received and had been forwarded to other
26 interested parties as required . No comments regarding the proposed amendment
27 have been received from CTED , to date .
28
29 WHEREAS, On September 11 , 2009 , the Whatcom County State Environmental
30 Policy Act (SEPA) Official issued a SEPA threshold Determination of Non - Significance
31 ( DNS ) in regards to the proposed text amendment, a non - project action . The
32 comment period for this determination ended on September 25, 2009 . No
33 comments were received regarding this determination .
34
35 WHEREAS, Notice of the Planning Commission hearing for the proposed text
36 amendment was published in the Bellingham Herald on November 29 , 2009 .
37
38 WHEREAS, A Whatcom County Planning Commission public hearing was held on the
39 subject amendment on December 10 , 2009 .
40
41 WHEREAS, Pursuant to Whatcom County Code (WCC) 20 . 90 . 050 , as of December 2,
42 2009 , Whatcom County Planning and Development Services has : evaluated the
43 proposed amendment in relationship to the goals, objectives and policies of the
44 Whatcom County Comprehensive Plan as authorized by the Washington State Growth
45 Management Act ( GMA) - RCW 36 . 70A; and considered possible environmental
46 impacts that have been identified by the lead agency designated SEPA official
47 through the State Environmental Policy Act (SEPA) threshold determination process .
48
49 WHEREAS, The County Council has adopted the following findings of fact :
5.0
Page 1
1 FINDINGS OF FACT
2
3 1 . Whatcom County Planning and Development staff has compiled a list of issues
4 with the current zoning code that are causing confusion and difficulty in
5 implementation . Among these items were the regulations regarding home
6 occupations .
7
8 2 . The text amendment will clarify development regulations for the public to
9 clearly understand what the standards are for accessory apartments, second
10 kitchens, and minimum lot size .
11
12 3 . Notice of the Planning Commission public hearing was published November 29 ,
13 2009 . Planning staff received no comments from the public regarding the
14 proposed text amendment .
15
16 4 . The Planning Commission public hearing held on December 10, 2009 , the
17 Planning Commission voted 7 - 0 to recommended approval on the proposed
18 text amendment to the Whatcom County Council .
19
20
Page 2
1 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that :
2
3
4 Section 1 . The Official Whatcom County Zoning Ordinance, Title 20 is hereby amended
5 as shown on Exhibit A .
6
7 Section 2 . Adjudication of invalidity of any of the sections, clauses, or provisions of this
8 ordinance shall not affect or impair the validity of the ordinance as a whole or and part thereof
9 other than the part so declared to be invalid .
10
11
12 ADOPTED this 16th day of March , 2010 .
13
14
15 ``` ��� � i u r ► ► ►,►��I�
16 ��` �� , �', �� � WHATCOM COUNTY COUNCIL
17 ATTES$ J. • • �IHAj' � • . •�i ''. WHATCOM COUNTY, WASHINGTON
18 0: F c0 . 0 a-
19 ' COUNry ' •
citicLzs
2� t�'r � t
22 Danal3roWc -4av N G,�rt '. „of the Council .Sap Crawford , Council Chair
23 .
24 Cam''.. • . s ` * • • .%` '
25 /�'0 , rrr itt ``
26 WHATCOM COUNTY EXECUTIVE
27 WHATCOM COUNTY, WASHINGTON
28 APPROVED AS TOj-0
29
30 01;
31 '
32 Civil Deputy Prosecutor Pete Kremen , County Executive
33
34 ( Approved ( ) Denied
35
36 Date Signed : 3
Page 3
1
2 EXHIBIT A
3
4 Chapter 20.97
5 DEFINITIONS
6 20 .97 . 087 Cooking facility.
7 "Cooking facility" means a room or portion thereof designated and/or customarily used as a
8 place for the preparation, sanitation and cooking of food. A second cooking facility will be
9 allowed within a permitted single family residence if a covenant or agreement document is
10 signed, notarized, and recorded with the Whatcom County Auditor acknowledging that the
11 second cooking facility is permitted only as part of the single-family residence. The County may
12 draft the covenant or agreement upon whatever terms the County in its discretion deems proper.
13 20.97.003 Accessory apartment.
14 "Accessory apartment" means a separate complete residential unit designed for occupancy by a
15 family. It is substantially contained within the contiguous structure or attached garage of a single
16 family residence and there is internal access between the units; provided, however, that a
17 detached garage whose foundation is 10 ' or less from the single family residence is permitted as
18 an accessory apartment. For structures further than ten feet apart, a covered or enclosed
19 breezeway does not constitute an approved access.
20 Chapter 20.20
21 URBAN RESIDENTIAL (UR) . DISTRICT
22 20.20. 130 Administrative approval uses.
23 . 132 Accessory apartments or detached accessory dwelling units to single-family dwellings; .
24 provided, that all of the following approval requirements are met:
25 ( 1 ) In addition to an existing or permitted dwelling, there shall be ,no more than one accessory
26 apartment or detached accessory dwelling unit per lot;
27 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
28 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
29 dwelling units on that lot;
30 (3 ) Proof that adequate provisions have been made for potable water, wastewater disposal, and
31 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
32 building permit;
Page 4
1 (4) There shall be only one front entrance to the house visible from the front yard and street for
2 houses with accessory apartments and only one additional entrance visible from the front yard
3 for detached accessory dwelling units;
4 (5 ) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
5 existing residence;
6 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
7 feet in floor area;
8 (7) Long plats and short plats which are granted after January 25 , 1994, shall be marked,
9 specifically designating lots allowed to be developed with accessory apartments or detached
10 accessory dwelling units at the option of the developer for future individual owners . Accessory
11 apartments and detached accessory dwelling units shall be prohibited on :
12 (a) All lots in long plats which received preliminary plat approval after January 25 , 1994, unless
13 those lots have been specifically marked for such use through the long plat process;
14 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
15 have been specifically marked for such use through the short plat process;
16 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
17 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
18 the greatest extent possible;
19 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
20 issuance, stating: .
21 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately
22 from the original dwelling, except in the event the zoning permits such a land division; and
23 (b) One of the dwellings must be the primary domicile of the owner;
24 ( 10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be
25 on a lot of record no less than 4 . 5 acres ;
26 ( 11 ) Accessory apartments and detached accessory dwelling units to single-family dwellings are
27 allowed within the Lake Whatcom watershed, only under the following circumstances :
28 (a) Development of the parcel with the primary residence and accessory apartment or detached
29 accessory dwelling shall conform to the density of the zoning district in which it is located.
30 Adjacent properties in the same ownership may be bound by covenant to comply with the
31 underlying zoning density; and
Page 5
1 (b) All of the above approval requirements shall be met for so long as the accessory unit remains ;
2 ( 12) Detached accessory dwelling units shall be located so as to minimize visual impact to the
3 public right-of-way and to adjacent properties. Location in immediate proximity to the primary
4 residence is preferred. Location closer to property lines than to the primary residence may be
5 considered by the administrator when such location serves the goal of reducing overall visual
6 impact to public right-of-way and adjacent properties, and such location still meets the setback
7 requirements as stated in Chapter 20. 80 WCC . To minimize environmental and visual impact the
8 applicant may be required to provide fencing and/or planting to screen the unit from public right-
9 of-way and adjacent properties;
10 ( 13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
11 and compliance with Washington Administrative Code (WAC) .
12 Chapter 20.22
13 URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT
14 20.22. 130 Administrative approval uses.
15 . 132 Accessory apartments or detached accessory dwelling units to single-family dwellings;
16 provided, that all of the following approval requirements are met:
17 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
18 apartment or detached accessory dwelling unit per lot;
19 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
20 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
21 dwelling units on that lot;
22 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
23 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
24 building permit;
25 (4) There shall be only one front entrance to the house visible from the front yard and street for
26 houses with accessory apartments and only one additional entrance visible from the front yard
27 for detached accessory dwelling units;
28 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
29 existing residence;
30 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248. square
31 feet in floor area;
Page 6
1 (7) Long plats and short plats which are granted after January 25 , 1994, shall be marked,
2 specifically designating lots allowed to be developed with accessory apartments or detached
3 accessory dwelling units at the option of the developer for future individual owners. Accessory
4 apartments and detached accessory dwelling units shall be prohibited on:
5 (a) All lots in long plats which received preliminary plat approval after January ;5 , 1994, unless
6 those lots have been specifically marked for such use through the long plat process;
7 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
8 have been specifically marked for such use through the short plat process;
9 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
10 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
11 the greatest extent possible;
12 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
13 issuance, stating:
14 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately
15 from the original dwelling, except in the event the zoning permits such a land division ; and
16 (b) One of the dwellings must be the primary domicile of the owner;
17 ( 10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be
18 on a lot of record no less than 4 . 5 acres ;
19 ( 11 ) Accessory apartments and detached accessory dwelling units to single-family dwellings are
20 allowed within the Lake Whatcom watershed, only under the following circumstances :
21 (a) Development of the parcel with the primary residence and accessory apartment or detached
22 accessory dwelling shall conform to the density of the zoning district in which it is located.
23 Adjacent properties in the same ownership may be bound by covenant to comply with the
24 underlying zoning density; and
25 (b) All of the above approval requirements shall be met for so long as the accessory unit remains ;
26 ( 12) Detached accessory dwelling units shall be located so as to minimize visual impact to the
27 public right-of-way and to adjacent properties . Location in immediate proximity to the primary
28 residence is preferred. Location closer to property lines than to the primary residence may be
29 considered by the administrator when such location serves the goal of reducing overall visual
30 impact to public right-of-way and adjacent properties, and such location still meets the setback
31 requirements as stated in Chapter 20. 80 WCC . To minimize environmental and visual impact the
Page 7
1 applicant may be required to provide fencing and/or planting to screen the unit from public right-
2 of-way and adjacent properties;
3 ( 13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
4 and compliance with Washington Administrative Code (WAC) .
5 Chapter 20.24
6 URBAN RESIDENTIAL MIXED (UR-MX) DISTRICT
7 20.24. 130 Administrative approval uses.
8 . 133 Accessory apartments or detached accessory dwelling units to single-family dwellings;
9 provided, that all of the following approval requirements are met:
10 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
11 apartment or detached accessory dwelling unit per lot;
12 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
13 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
14 dwelling units on that lot;
15 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
16 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
17 building permit;
18 (4) There shall be only one front entrance to the house visible from the front yard and street for
19 houses with accessory apartments and only one additional entrance visible from the front yard
20 for detached accessory dwelling units;
21 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
22 existing residence;
23 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
24 feet in floor area;
25 (7) Long plats and short plats which are granted after January 25 , 1994, shall be marked,
26 specifically designating lots allowed to be developed with accessory apartments or detached
27 accessory dwelling units at the option of the developer for future individual owners. Accessory
28 apartments and detached accessory dwelling units shall be prohibited on:
29 (a) All lots in long plats which received preliminary plat approval after January 25 , 1994, unless
30 those lots have been specifically marked for such use through the long plat process;
Page 8
1 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
2 have been specifically marked for such use through the short plat process;
3 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method ;.
4 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
5 the greatest extent possible;
6 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
7 issuance, stating:
8 (a) Detached accessory dwelling units and associated land cannot be sold separately from the
9 original dwelling, except in the event the zoning permits such a land division; and
10 (b) One of the dwellings must be the primary domicile of the owner;
11 ( 10) Accessory apartments and detached accessory dwelling units to single-family dwellings are
12 allowed within the Lake Whatcom watershed, only under the following circumstances :
13 (a) Development of the parcel with the primary residence and accessory apartment or detached
14 accessory dwelling shall conform to the density of the zoning district in which it is located.
15 Adjacent properties in the same ownership may be bound by covenant to comply with the
16 underlying zoning density; and
17 (b) All of the above approval requirements shall be met for so long as the accessory unit remains;
18 ( 11 ) Detached accessory dwelling units shall be located so as to minimize visual impact to the
19 public right-of-way and to adjacent properties . Location in immediate proximity to the primary
20 residence is preferred. Location closer to property lines than to the primary residence may be
21 considered by the administrator when such location serves the goal of reducing overall visual
22 impact to public right-of-way and adjacent properties, and such location still meets the setback
23 requirements as stated in Chapter 20. 80 WCC . To minimize environmental and visual impact the
24 applicant may be required to provide fencing and/or planting to screen the unit from public right-
25 of-way and adjacent properties;
26 ( 12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
27 and compliance with Washington Administrative Code (WAC).
28 Chapter 20.32
29 RESIDENTIAL RURAL (RR) DISTRICT
30 20.32. 130 Administrative approval uses.
Page 9
1 . 132 Accessory apartments or detached accessory dwelling units to single-family dwellings;
2 provided, that all of the following approval requirements are met:
3 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
4 apartment or detached accessory dwelling unit per lot;
5 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached acces-
6 sory dwelling unit is located shall occupy as their primary domicile at least one of the dwelling
7 units on that lot;
8 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
9 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
10 building permit;
11 (4) There shall be only one front entrance to the house visible from the front yard and street for
12 houses with accessory spat tments and only one additional entrance visible from the front yard
13 for detached accessory dwelling units;
14 (5 ) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
15 existing residence;
16 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
17 feet in floor area;
18 (7) Long plats and short plats which are granted after January 25 , 1994, shall be marked,
19 specifically designating lots allowed to be developed with accessory apartments or detached
20 accessory dwelling units at the option of the developer for future individual owners. Accessory
21 apartments and detached accessory dwelling units shall be prohibited on:
22 (a) All lots in long plats which received preliminary plat approval after January 25 , 1994, unless
23 those lots have been specifically marked for such use through the long plat process ;
24 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
25 have been specifically marked for such use through the short plat process;
26 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
27 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
28 the greatest extent possible;
29 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
30 issuance, stating:
Page 10
1 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately
2 from the original dwelling, except in the event the zoning permits such a land division; and
3 (b) One of the dwellings must be the primary domicile of the owner;
4 ( 10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be
5 on a lot of record no less than 4 .5 acres, unless the parcel is large enough to accommodate two
6 dwelling units consistent with the underlying zoning density;
7 ( 11 ) Accessory apartments and detached accessory dwelling units to single-family dwellings are
8 allowed within the Lake Whatcom watershed, only under the following circumstances :
9 (a) Development of the parcel with the primary residence and accessory apartment or detached
10 accessory dwelling shall conform to the density of the zoning district in which it is located.
11 Adjacent properties in the same ownership may be bound by covenant to comply with the
12 underlying zoning density; and
13 (b) All of the above approval requirements shall be met for so long as the accessory unit remains;
14 ( 12) Detached accessory dwelling units shall be located so as to minimize visual impact to the
15 public right-of-way and to adjacent properties. Location in immediate proximity to the primary
16 residence is preferred. Location closer to property lines than to the primary residence may be
17 considered by the administrator when such location serves the goal of reducing overall visual
18 impact to public right-of-way and adjacent properties, and such location still meets the setback
19 requirements as stated in Chapter 20 . 80 WCC . To minimize environmental and visual impact the
20 applicant may be required to provide fencing and/or planting to screen the unit from public right-
21 of-way and adjacent properties;
22 ( 13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
23 and compliance with Washington Administrative Code (WAC).
24 Chapter 20.34
25 RURAL RESIDENTIAL-ISLAND (RR-I) DISTRICT
26 20.34. 130 Administrative approval uses.
27 . 132 Accessory apartments or detached accessory dwelling units to single-family dwellings;
28 provided, that all of the following requirements are met:
29 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
30 apartment or detached accessory dwelling unit per lot;
Page 11
1 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
2 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
3 dwelling units on that lot;
4 (3 ) Proof that adequate provisions have been made for potable water, wastewater disposal, and
5 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
6 building permit;
7 (4) There shall be only one front entrance to the house visible from the front yard and street for
8 houses with accessory apartments and only one additional entrance visible from the front yard
9 for detached accessory dwelling units ;
10 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
11 existing residence;
12 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
13 feet in floor area;
14 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked,
15 specifically designating lots allowed to be developed with accessory apartments or detached
16 accessory dwelling units at the option of the developer for future individual owners . Accessory
17 apartments and detached accessory dwelling units shall be prohibited on :
18 (a) All lots in long plats which received preliminary plat approval after January 25 , 1994, unless
19 those lots have been specifically marked for such use through the long plat process;
20 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
21 have been specifically marked for such use through the short plat process;
22 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method ;
23 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
24 the greatest extent possible;
25 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
26 issuance, stating:
27 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately
28 from the original dwelling, except in the event the zoning permits such a land division; and
29 (b) One of the dwellings must be the primary domicile of the owner;
Page 12
1 ( 10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be
2 on a lot of record no less than 4 . 5 acres, unless the parcel is large enough to accommodate two
3 dwelling units consistent with the underlying zoning density;
4 ( 11 ) Accessory apartments and detached accessory dwelling units to single-family dwellings are
5 allowed on Lummi Island, only under the following circumstances :
6 (a) Development of the parcel with the primary residence and accessory apartment or detached
7 accessory dwelling shall conform to the density of the zoning district in which it is located.
8 Adjacent properties in the same ownership may be bound by covenant to comply with the
9 underlying zoning density; and
10 (b) All of the above approval requirements shall be met for so long as the accessory unit remains;
11 ( 12) Detached accessory dwelling units shall be located so as to minimize visual impact to the
12 public right-of-way and to adjacent properties . Location in immediate proximity to the primary
13 residence is preferred. Location closer to property lines than to the primary residence may be
14 considered by the administrator when such location serves the goal of reducing overall visual
15 impact to public right-of-way and adjacent properties, and such location still meets the setback
16 requirements as stated in Chapter 20 . 80 WCC . To minimize environmental and visual impact the
17 applicant may be required to provide fencing and/or planting to screen the unit from public right-
18 of-way and adjacent properties ;
19 ( 13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
20 and compliance with Washington Administrative Code (WAC) .
21 Chapter 20.36
22 RURAL (R) DISTRICT
23 20.36. 130 Administrative approval uses.
24 . 132 Accessory apartments or detached accessory dwelling units to single-family dwellings;
25 provided, that all of the following requirements are met:
26 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
27 apartment or detached accessory dwelling unit per lot;
28 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
29 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
30 dwelling units on that lot;
31 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
32 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
33 building permit;
Page 13
1 (4) There shall be only one front entrance to the house visible from the front yard and street for
2 houses with accessory apartments and only one additional entrance visible from the front yard
3 for detached accessory dwelling units;
4 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
5 existing residence;
6 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
7 feet in floor area;
8 (7) Long plats and short plats which are granted after January 25 , 1994, shall be marked,
9 specifically designating lots allowed to be developed with accessory apartments or detached
10 accessory dwelling units at the option of the developer for future individual owners . Accessory
11 apartments and detached accessory dwelling units shall be prohibited on:
12 (a) All lots in long plats which received preliminary plat approval after January 25 , 1994, unless
13 those lots have been specifically marked for such use through the long plat process;
14 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
15 have been specifically marked for such use through the short plat process;
16 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
17 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
18 the greatest extent possible;
19 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
20 issuance, stating :
21 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately
22 from the original dwelling, except in the event the zoning permits such a land division; and
23 (b) One of the dwellings must be the primary domicile of the owner;
24 ( 10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be
25 on a lot of record no less than 4 .5 acres, unless the parcel is large enough to accommodate two
26 dwelling units consistent with the underlying zoning density;
27 ( 11 ) Accessory apartments and detached accessory dwelling units to single-family dwellings are
28 allowed within the Lake Whatcom Watershed, only under the following circumstances :
29 . (a) Development of the parcel with the primary residence and accessory apartment or detached
30 accessory dwelling shall conform to the density of the zoning district in which it is located.
Page 14
1 Adjacent properties in the same ownership may be bound by covenant to comply with the
2 underlying zoning density; and
3 (b) All of the above approval requirements shall be met for so long as the accessory unit remains ;
4 ( 12) Detached accessory dwelling units shall be located so as to minimize visual impact to the
5 public right-of-way and to adjacent properties . Location in immediate proximity to the primary
6 residence is preferred. Location closer to property lines than to the primary residence may be
7 considered by the administrator when such location serves the goal of reducing overall visual
8 impact to public right-of-way and adjacent properties, and such location still meets the setback
9 requirements as stated in Chapter 20 . 80 WCC. To minimize environmental and visual impact the
10 applicant may be required to provide fencing and/or planting to screen the unit from public right-
11 of-way and adjacent properties;
12 ( 13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
13 and compliance with Washington Administrative Code (WAC) .
14 Chapter 20.37
15 POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
16 20.37. 130 Administrative approval uses.
17 . 132 Accessory apartments or detached accessory dwelling units to single-family dwellings;
18 provided, that all of the following requirements are met:
19 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
20 apartment or detached accessory dwelling unit per lot;
21 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
22 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
23 dwelling units on that lot;
24 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
25 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
26 building permit;
27 (4) There shall be only one front entrance to the house visible from the front yard and street for
28 houses with accessory apartments and only one additional entrance visible from the front yard
29 for detached accessory dwelling units;
30 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
31 existing residence;
Page 15
1 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
2 feet in floor area;
3 (7) Long plats and short plats which are granted after January 25 , 1994, shall be marked,
4 specifically designating lots allowed to be developed with accessory apartments or detached
5 accessory dwelling units at the option of the developer for future individual owners . Accessory
6 apartments and detached accessory dwelling units shall be prohibited on :
7 (a) All lots in long plats which received preliminary plat approval after January 25 , 1994, unless
8 those lots have been specifically marked for such use through the long plat process;
9 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
10 have been specifically marked for such use through the short plat process ;
11 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
12 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
13 the greatest extent possible;
14 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
15 issuance, stating :
16 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately
17 from the original dwelling, except in the event the zoning permits such a land division ; and
18 (b) One of the dwellings must be the primary domicile of the owner;
19 ( 10) The minimum lot size for detached accessory units shall be on a lot of record no less than
20 4 .5 acres, unless the parcel is large enough to accommodate two dwelling units consistent with
21 the underlying zoning density;
22 ( 11 ) Detached accessory dwelling units shall be located so as to minimize visual impact to the
23 public right-of-way and to adjacent properties. Location in immediate proximity to the primary
24 residence is preferred. Location closer to property lines than to the primary residence may be
25 considered by the administrator when such location serves the goal of reducing overall visual
26 impact to public right-of-way and adjacent properties, and such location still meets the setback
27 requirements as stated in Chapter 20 . 80 WCC . To minimize environmental and visual impact the
28 applicant may be required to provide fencing and/or planting to screen the unit from public right-
29 of-way and adjacent properties ;
30 ( 12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
31 and compliance with Washington Administrative Code (WAC) .
32
Page 16
1 Chapter 20.40
2 AGRICULTURE (AG) DISTRICT
3 20.40. 130 Administrative approval uses.
4 . 133 An accessory apartment or a detached accessory dwelling unit to a single-family dwelling;
5 provided, that all of the following requirements are met:
6 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
7 apartment or detached accessory dwelling unit per lot;
8 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
9 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
10 dwelling units on that lot;
11 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
12 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
13 building permit;
14 (4) Accessory apartments and detached accessory units shall be located within the farmstead
15 cluster and comply with siting criteria found in WCC 20. 80 .255 ;
16 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
17 existing residence;
18 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
19 feet in floor area;
20 (7) A common driveway serving both the existing unit and any accessory unit shall be used to
21 the greatest extent possible;
22 (8) A deed restriction is recorded with the Whatcom County auditor prior to building permit
23 issuance, stating :
24 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately
25 from the original dwelling, except in the event the zoning permits such a land division ; and
26 (b) One of the dwellings must be the primary domicile of the owner;
27 (9) The minimum lot size for detached accessory units shall be on a lot of record no less than 40
28 acres ;
29 ( 10) Detached accessory dwelling units shall be located so as to minimize visual impact to the
30 public right-of-way and to adjacent properties . Location in immediate proximity to the primary
Page 17
1 residence is preferred. Location closer to property lines than to the primary residence may be
2 considered by the administrator when such location serves the goal of reducing overall visual
3 impact to public right-of-way and adjacent properties, and such location still meets the setback
4 requirements as stated in Chapter 20 . 80 WCC . To minimize environmental and visual impact the
5 applicant may be required to provide fencing and/or planting to screen the unit from public right-
6 of-way and adjacent properties;
7 ( 11 ) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
8 and compliance with Washington Administrative Code (WAC) ;
9 ( 12) A right to farm ordinance disclosure statement shall be signed and recorded with the
10 Whatcom County auditor by the current and subsequent occupants of the primary and accessory
11 dwelling unit or apartment.
12 Chapter 20.42
13 RURAL FORESTRY (RF) DISTRICT!
14 20.42. 130 Administrative approval uses.
15 . 132 Accessory apartments or detached accessory dwelling units to single-family dwellings;
16 provided, that all of the following approval requirements are met:
17 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
18 apartment or detached accessory dwelling unit per lot;
19 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
20 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
21 dwelling units on that lot;
22 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
23 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
24 building permit;
25 (4) There shall be only one front entrance to the house visible from the front yard and street for
26 houses with accessory apartments and only one additional entrance visible from the front yard
27 for detached accessory dwelling units;
28 (5 ) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
29 existing residence;
30 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
31 feet in floor area;
Page 18
1 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked,
2 specifically designating lots allowed to be developed with accessory apartments or detached
3 accessory dwelling units at the option of the developer for future individual owners. Accessory
4 apartments and detached accessory dwelling units shall be prohibited on:
5 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless
6 those lots have been specifically marked for such use through the long plat process;
7 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
8 have been specifically marked for such use through the short plat process;
9 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
10 the greatest extent possible;
11 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
12 issuance, stating:
13 (a) Detached accessory dwelling units and associated land cannot be sold separately from the
14 original dwelling, except in the event the zoning permits such a land division; and
15 (b) One of the dwellings must be the primary domicile of the owner;
16 ( 10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be
17 on a lot of record no less than 20 acres;
18 ( 11 ) Accessory apartments and detached accessory dwelling units to single-family dwellings are
19 allowed within the Lake Whatcom watershed only under the following circumstances :
20 (a) Development of the parcel with the primary residence and accessory apartment or detached
21 accessory dwelling shall conform to the density of the zoning district in which it is located.
22 Adjacent properties in the same ownership may be bound by covenant to comply with the
23 underlying zoning density; and
24 (b) All of the above approval requirements shall be met for so long as the accessory unit remains;
25 ( 12) Detached accessory units shall be located closer to the primary unit than to any adjoining
26 property line unless site constraints require location closer to the property line. If an accessory
27 unit is located closer to an adjacent property line than to the primary dwelling or within 50 feet
28 of an adjoining property, the applicant must provide a statement of nonobjection from the
29 adjacent property owner and must screen the unit to minimize visual impacts ;
30 ( 13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
31 and compliance with the Washington Administrative Code (WAC) .
Page 19
1 Chapter 20.61
2 SMALL TOWN COMMERCIAL (STC) DISTRICT
3 20.61. 150 Administrative approval uses.
4 . 153 Accessory apartments or detached accessory dwelling units to single-family dwellings;
5 provided, that all of the following requirements are met:
6 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
7 apartment or detached accessory dwelling unit per lot;
8 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
9 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
10 dwelling units on that lot;
11 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
12 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
13 building permit;
14 (4) There shall be only one front entrance to the house visible from the front yard and street for
15 houses with accessory apartments and only one additional entrance visible from the front yard
16 for detached accessory dwelling units;
17 (5 ) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
18 existing residence;
19 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
20 feet in floor area;
21 (7) Long plats and short plats which are granted after January 25 , 1994, shall be marked,
22 specifically designating lots allowed to be developed with accessory apartments or detached
23 accessory dwelling units at the option of the developer for future individual owners . Accessory
24 apartments and detached accessory dwelling units shall be prohibited on :
25 (a) All lots in long plats which received preliminary plat approval after January 25 , 1994, unless
26 those lots have been specifically marked for such use through the long plat process;
27 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
28 have been specifically marked for such use through the short plat process ;
29 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
Page 20
1 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
2 the greatest extent possible;
3 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
4 issuance, stating :
5 (a) Detached accessory dwelling units and associated land cannot be sold separately from the
6 original dwelling, except in the event the zoning permits such a land division; and
7 (b) One of the dwellings must be the primary domicile of the owner. (Ord. 99-012 § 1 (2), 1999) .
8 Chapter 20.64 .
9 RESORT COMMERCIAL (RC) DISTRICT
10 20.64. 130 Administrative approval uses.
11 . 132 Accessory apartments or detached accessory dwelling units to single-family dwellings;
12 provided, that all of the following requirements are met:
13 ( 1 ) In addition to an existing or permitted dwelling, there shall be no more than one accessory
14 apartment or detached accessory dwelling unit per lot;
15 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached
16 accessory dwelling unit is located shall occupy as their primary domicile at least one of the
17 dwelling units on that lot;
18 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
19 stormwater runoff for the additional dwelling unit must be obtained prior to application for a
20 building permit;
21 (4) There shall be only one front entrance to the house visible from the front yard and street for
22 houses with accessory apartments and only one additional entrance visible from the front yard
23 for detached accessory dwelling units;
24 (5 ) Accessory apartments and detached accessory units shall be clearly a subordinate part of an
25 existing residence;
26 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 ,248 square
27 feet in floor area;
28 (7) Long plats and short plats which are granted after January 25 , 1994, shall be marked,
29 specifically designating lots allowed to be developed with accessory apartments or detached
30 accessory dwelling units at the option of the developer for future individual owners. Accessory
31 apartments and detached accessory dwelling units shall be prohibited on:
Page 21
1 (a) All lots in long plats which received preliminary plat approval after January 25 , 1994, unless
2 those lots have been specifically marked for such use through the long plat process;
3 (b) All lots within short plats which received approval after January 25 , 1994, unless those lots
4 have been specifically marked for such use through the short plat process;
5 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
6 (8) A common driveway serving both the existing unit and any accessory unit shall be used to
7 the greatest extent possible;
8 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
9 issuance, stating:
10 (a) Detached accessory dwelling units and associated land cannot be sold separately from the
11 original dwelling, except in the event the zoning permits such a land division; and
12 (b) One of the dwellings must be the primary domicile of the owner;
13 ( 10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be
14 on a lot of record no less than 4 .5 acres, unless the parcel is large enough to accommodate two
15 dwelling units consistent with the underlying zoning density;
16 ( 11 ) Accessory apartments and detached accessory dwelling units to single-family dwellings are
17 allowed within the Lake Whatcom watershed, only under the following circumstances :
18 (a) Development of the parcel with the primary residence and accessory apartment or detached
19 accessory dwelling shall conform to the density of the zoning district in which it is located.
20 Adjacent properties in the same ownership may be bound by covenant to comply with the
21 underlying zoning density; and
22 (b) All of the above approval requirements shall be met for so long as the accessory unit remains;
23 ( 12) Detached accessory dwelling units shall be located so as to minimize visual impact to the
24 public right-of-way and to adjacent properties . Location in immediate proximity to the primary
25 residence is preferred. Location closer to property lines than to the primary residence may be
26 considered by the administrator when such location serves the goal of reducing overall visual
27 impact to public right-of-way and adjacent properties, and such location still meets the setback
28 requirements as stated in Chapter 20 . 80 WCC . To minimize environmental and visual impact the
29 applicant may be required to provide fencing and/or planting to screen the unit from public right-
30 of-way and adjacent properties;
Page 22
1 ( 13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards
2 and compliance with Washington Administrative Code (WAC). (Ord. 2006-061 § 1 (Att. A)(7),
3 2006 ; Ord. 98-018 § 1 , 1998 ; Ord. 95-031 , 1995 ; Ord. 87- 12, 1987; Ord . 87- 11 , 1987) .
4
5
6
6
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