HomeMy WebLinkAboutord2010-030 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2010-047 (cont '4)
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Page Two of Agenda bill
Originator: 4/27/2010 P & D Committee
Division Head: 5/11/2010 Introduction
Dept. Head: 5/ 25/2010 Hearing
6/08/2010 P & D Committee/
Prosecutor: 'Council
6/ 22/2010 P & D Committee
Purchasing/Budget: 7/ 13/2010 Introduction
7/ 27/ 2010 Hearing
Executive:
TITLE OF DOCUMENT:
Ordinance clarifying and revising the definition and standards of home occupations within Whatcom
County 's zoning code, Title 20.
ATTACHMENTS: .
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date: 7/27/2010
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 the Whatcom County Zoning Code (WCC) Title 20 to clarify and revise the definition
and standards of "home occupation" . Incorporating the proposed definition and standards of home occupation
into already existing chapters of Whatcom County Zoning Code for consistency and predictability in
implementation.
COMMITTEE ACTION: COUNCIL ACTION:
4/ 27/ 2010 : Discussed in depth . Councilmember Brenner made 5/11/2010 : Introduced
changes . Changes were made to Brenner ' s changes . 5/25/2010 : Council referred to Planning & Development
Introduce tonight or in two weeks . Committee as soon as possible
6/08/ 2010 : Forwarded to Council for approval 6/08/ 2010 : Introduction of revised version scheduled
6/ 22 / 2010 : Approved substitute version , no amendments . June 22 , 2010
7/ 13/2010 : Introduced
7 / 27 / 2010 : Council Amended and Adopted 7 - 0
Ord . 2010- 030
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
AB2008-389 Ord . 2010- 030
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County 's website at: www. co. whatcom. wa. us/council.
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-047
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 1/12/2010 Introduction
Michelle Stiles 12 • 29 • oci
Division Head: 1/26/2010 Planning and
Wain Harrison !
Il E C E LI V E ID Development
Committee
Dept. Head: , 1/26/2010 Council
DavidStalheim , it,13, /69 JAN 0 5 2010
Prosecutor:
Royce Buckingham R � ! ' d4:1 WHATCOM COUNTY 2 / 09 / 2010 P & D / Council
Purchasing/Budget: COUNCIL Bennett UOUNCIL 3/16/2010 P & D Committee
3 /30/ 2010 P & D Committee
Executive: 4 / 13 / 2010 Hearing
PeteKremen f b 5—fo 4 / 27 / 2010
T 113' & D Committee
TITLE OF DOCUMENT:
Ordinance clarifying and revising the definition and standards of home occupations within Whatcom County' s zoning code,
Title 20 .
ATTACHMENTS:
( 1 ) Memorandum
(2) Ordinance
SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) 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 the Whatcom County Zoning Code (WCC) Title 20 to clarify and revise the definition and
standards of "home occupation ." Incorporating the proposed definition and standards of home occupation into already
existing chapters of Whatcom County Zoning Code for consistency and predictability in implementation.
COMMITTEE ACTION: COUNCIL ACTION:
1 / 26 / 2010 : Held in committee 1 / 12 / 2010 : Introduced
2 / 09 / 2010 : Staff submitted a substitute 3 / 30 / 2010 : Introduced 3 / 30 / 2010 version
version ( 3rd version 2 / 9/ 10 ) . The committee is
holding in committee indefinitely and asks 4 / 13 / 2010 : Introduce revised version on
4 / 27 / 2010 and Public Hearing 5 / 11 / 2010
staff to make more changes .
3 / 16 / 2010 : Amended . Hold in committee in two
weeks .
3 / 30 / 2010 : Committee moved to introduce the
3 / 30 / 2010 version in the Council packet
tonight
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
AB2009 - 230 .
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County 's website at: www. co. whatcom. wa. us/council.
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3 SPONSORED BY : Consent
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5 PROPOSED BY : PDS
6
7 INTRODUCTION DATE : 7 / 13 / 2010
8
9
10
11 ORDINANCE NO , 2010-• 030
12
13 Amending Whatcom County's zoning code, Title 20, for the purposes of
14 clarifying and revising the definition and standards of home occupations
15 throughout the code .
16
17 WHEREAS, An interim ordinance amending home occupations was
18 introduced to council on September 15 , 2009 .
19
20 WHEREAS, The proposed amendment to the Whatcom County Official Zoning
21 Ordinance was initiated to the docket by Whatcom County Planning and
22 Development Services, and was given file number PLN2009- 00007 .
23
24 WHEREAS, Notice of the proposed amendment was sent to the Department of
25 Community, Trade and Economic Development (CTED) and other state agencies
26 on August 18 , 2009 . On August 24 , 2009 CTED notified Whatcom County that
27 notice of the proposed amendment had been received and had been forwarded
28 to other interested parties as required . No comments regarding the proposed
29 amendment have been received from CTED, to date .
30
31 WHEREAS, On September 11 , 2009 , the Whatcom County State Environmental
32 Policy Act ( SEPA) Official issued a SEPA threshold Determination of Non -
33 Significance ( DNS ) in regards to the proposed text amendment, a non - project
34 action . The comment period for this determination ended on September 25 ,
35 2009 . No comments were received regarding this determination .
36
37 WHEREAS, Notice of the Planning Commission hearing for the proposed text
38 amendment was published in the Bellingham Herald on November 29 , 2009 .
39
40 WHEREAS, A Whatcom County Planning Commission public hearing was held
41 on the subject amendment December 10 , 2009 . The Planning Commission
42 voted to recommend approval to the Whatcom County Council with a 5 - 2
43 vote .
44
45 WHEREAS, The County Council has adopted the following findings of fact :
46
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1
2
3
4 FINDINGS OF FACT
5 1 . Whatcom County Planning and Development staff has compiled a list of
6 issues with the current zoning code that are causing confusion and
7 difficulty in implementation. Among these items were the regulations
8 regarding home occupations .
9
10 2 . The text amendment will clarify development regulations for the public
11 to clearly understand what the standards are for home occupations .
12
13 3 . Staff sent an initial draft on October 12 , 2009 to a stakeholder group of
14 community members who provided feedback . Three comments were
15 received from the public and one council member provided feedback
16 prior to the Planning Commission public hearing indicating support for
17 the proposal to amend the Home Occupation requirements .
18
19 4 . Notice of the proposed amendment was sent to the Department of
20 Community , Trade and Economic Development ( CTED ) and other state
21 agencies on August 18 , 2009 . On August 24 , 2009 CTED notified
22 Whatcom County that notice of the proposed amendment had been
23 received and had been forwarded to other interested parties as
24 required . No comments regarding the proposed amendment have been
25 received from CTED , to date .
26
27 5 . Pursuant to Whatcom County Code ( WCC) 20 . 90 . 050 , as of December
28 2 , 2009 , Whatcom County Planning and Development Services has :
29 evaluated the proposed amendment in relationship to the goals,
30 objectives and policies of the Whatcom County Comprehensive Plan as
31 authorized by the Washington State Growth Management Act ( GMA) -
32 RCW 36 . 70A ; and considered possible environmental impacts that have
33 been identified by the lead agency designated SEPA official through the
34 State Environmental Policy Act ( SEPA) threshold determination process .
35
36 6 . Whatcom County Council Planning and Development Committee held a
37 work session on January 26 , 2010 . Committee members were
38 presented with a memo explaining the proposed changes . Committee
39 members requested that staff perform more public outreach and hold in
40 committee until further information is received .
41
42 7 . Whatcom County Council Planning and Development Committee held a
43 work session on February 9 , 2010 . Committee members were
44 presented with a spreadsheet comparing the scale of home occupations
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1 and cottage industries . Council members discussed : differences
2 between cottage industries and home occupations ; certificate of
3 occupancy requirements ; square footage thresholds ; whether home
4 occupations require a permit or are allowed as an accessory use if it
5 meets requirements ; life and safety requirements ; whether the county
6 is required to adopt the International Building Code ; building code
7 requirements ; commercial certificate of occupancy versus a residential
8 final inspection ; gross vehicles weights of different types of heavy
9 equipment. Committee members held proposal in committee and
10 requested that staff provide more options for certificates of occupancy ,
11 the use/storage of vehicles, and square footage limitations .
12
13 8 . Whatcom County Council Planning and Development Committee held a
14 work session on March 16, 2010 . Committee members removed outside
15 storage standards ; amended limits to employees that " no more than
16 two employees at one time . . . " ; amend vehicle lot sizes for vehicle
17 storage ; square footage limit of 1 , 250 square feet except in buildings
18 that existed before 1975 , which will be limited to 8 , 000 square feet .
19 Staff made changes and proposal was held in committee .
20
21 9 . Whatcom County Council Planning and Development Committee held a
22 work session on March 30 , 2010 . Committee moved to hold a hearing
23 on current proposal . Introduced . to Council March 30 , 2010 .
24
25 10 . Whatcom County Council held a public hearing on April 13 , 2010 .
26 Council requested changes to building size and vehicle size limits .
27
28 11 . Whatcom County Planning and Development Committee held a work
29 session on April 27 , 2010 .
30
31 12 . Whatcom County Council held a public hearing on May 25, 2010 .
32 Council requested changes to the proposed draft and sent the ordinance
33 back to the Whatcom County Council Planning and Development
34 Committee for an additional work session .
35
36 13 . Whatcom County Planning and Development Committee held a work
37 session on June 8 , 2010 .
38
39
40
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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
5 amended as shown on Exhibit A .
6 .
7 Section 2 . Adjudication of invalidity of any of the sections, clauses , or provisions
8 of this ordinance shall not affect or impair the validity of the ordinance as a whole or
9 and part thereof other than the part so declared to be invalid .
10
11
12 ADOPTED this 27th day of July , 2010 .
13
14 onnintitr,ii��i
15 s"``4..( C 0 t/47/.�
16 � •I ?, ATC • C� % WHATCOM COUNTY COUNCIL
17 ATTE! :J ;O + • WHATCOM COUNTY, WASHINGTON
•
18 = o • c004N •At •
19 _
20 Ts sa • - a Z.
21 wl AP4,p1/4--,,„„ \At. )
22 Dana B (q)wn - Dawi 12r o, e .Council Sam rawford , Count Chair
23
24 ,,,, » i n *�`�``,`
''
25
26 . WHATCOM COUNTY EXECUTIVE
27 WHATCOM COUN , WASHINGTON
28 APPROVED A i FORM :
29
30 seertie;
31 410Plr
32 Civil Deputy Prosecutor Pete Kremen , County Executive
33
34 ( Approved ( ) Denied
35
36 Date Signed : � � � � (
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1 EXHIBIT A
2
3
4 Chapter 20.20 .
5 URBAN RESIDENTIAL (UR) DISTRICT
6 20.20. 100 Accessory uses.
7 . 101 Home occupations pursuant to WCC 20 . 84 . 150 .
8
9 . . 105 Family day care homes subject to the requirements of WCC 20. 84 . 150 for home
10 occupations.
11 CHAPTER 20.22
12 URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT
13 20.22. 100 Accessory uses.
14 . 101 Home occupations pursuant to WCC 20 . 84. 150.
15 . 105 Family day care homes subject to the requirements of WCC 20 . 84. 150 for home
16 occupations.
17 CHAPTER 20.24
18 URBAN RESIDENTIAL MIXED (UR-MX) DISTRICT
19 20.24. 100 Accessory uses.
20 . 101 Home occupations pursuant to WCC 20 . 84 . 150 .
21 . 105 Family day care homes subject to the requirements of WCC 20. 84. 150 for home
22 occupations. .
23 CHAPTER 20.32
24 RESIDENTIAL RURAL (RR) DISTRICT
25 20.32. 100 Accessory uses.
26 . 101 Home occupations pursuant to WCC 20 . 84 . 150.
27
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1 . 105 Family day care homes subject to the requirements of WCC 20 . 84. 150 for home
2 occupations.
3 CHAPTER 20.34
4 RURAL RESIDENTIAL-ISLAND (RR-I) DISTRICT
5 20 .34. 100 Accessory uses.
6 . 101 Home occupations pursuant to WCC 20 . 84. 150.
7 . 105 Family day care homes subject to the requirements of WCC 20 . 84. 150 for home
8 occupations.
9 CHAPTER 20.35
10 ELIZA ISLAND (El) DISTRICT
11 20.35. 100 Accessory uses.
12 . 101 Home occupations pursuant to WCC 20 . 84 . 150 .
13 . 107 Family day care homes subject to the requirements of WCC 20 . 84 . 150 for home
14 occupations.
15 CHAPTER 20.36
16 RURAL (R) DISTRICT
17 20.36. 100 Accessory uses.
18 . 101 Home occupations pursuant to WCC 20 . 84 . 150 .
19 . 108 Family day care homes subject to the requirements of WCC 20 . 84. 150 for home
20 occupations.
21 CHAPTER 20.37
22 POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
23 20.37. 100 Accessory uses.
24 . 101 Home occupations pursuant to WCC 20 . 84. 150 .
25
26 . 106 Family day care homes subject to the requirements of WCC 20 . 84 . 150 for home
27 occupations.
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1
2 Chapter 20.40
3 AGRICULTURE (AG) DISTRICT
4 20.40. 100 Accessory uses. *
5 . 110 Home occupations pursuant to WCC 20 .84. 150 .
6 . 112 Family day care homes subject to the requirements of WCC 20 . 84 . 150 for home
7 occupations.
8
9 Chapter 20.42
10 RURAL FORESTRY (RF) DISTRICT1
11 20.42. 100 Accessory uses.
12 . 105 Home occupations pursuant to WCC 20 . 84. 150 .
13
14 Chapter 20.60
15 NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT
16 20.60. 100 Accessory uses.
17 . 104 Family day care homes and mini-day care homes; provided that such uses conform to the
18 definition of home occupation, WCC 20 . 84 . 150, and further; provided that the single family
19 residence is a legally non-conforming use.
20
21 Chapter 20.61
22 SMALL TOWN COMMERCIAL (STC) DISTRICT
23 20.61 . 100 Accessory uses.
24 . 102 Home occupation pursuant to WCC 20 . 84 . 150.
25
26 Chapter 20.62
27 GENERAL COMMERCIAL (GC) DISTRICT
28 . 20.62. 100 Accessory uses.
29 . 104 Family day care homes and mini-day care homes; provided, that such uses conform to the
30 definition of home occupation, WCC 20. 84. 150, and further; provided that
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1 such uses require a conditional use permit if located within airport overlay zone 2 or 3 as shown
2 in Whatcom County Comprehensive Plan Appendix H.
3
4 Chapter 20. 63
5 TOURIST COMMERCIAL (TC) DISTRICT
6 20. 63. 100 Accessory use
7 . 104 Family day care homes and mini-day care homes; provided that such uses conform to the
8 definition of home occupation, WCC 20 . 84 . 150, and further; provided that the single family
9 residence is a legally non-conforming use.
10
11 Chapter 20.64
12 RESORT COMMERCIAL (RC) DISTRICT
13 20. 64. 100 Accessory uses.
14 . 120 Family day care homes and mini-day care homes; provided that such uses conform to the
15 definition of home occupation, WCC 20 . 84 . 150.
16
17 Chapter 20.80
18 SUPPLEMENTARY REQUIREMENTS
19 20. 80.470 Exemptions. .
20 The following types of signs shall be exempt from the regulations of this section and zoning
21 districts; provided, that such signs shall conform to the general provisions of this section.
22 ( 1 ) Addresses (internal lighting permitted), family names, cottage names, entrance and exit signs,
23 up to two square feet; provided, that they are on-premises .
24 Chapter 20.84
25 PERMITTED USES, VARIANCES, CONDITIONAL USES,
26 ADMINISTRATIVE APPROVAL USES, AND APPEALS
27 20.84. 150 Home Occupation
28 A. The following home occupation requirements shall be regarded as cumulative regardless of
29 the number of home occupations on the site :
30 ( 1 ) No more than two people at one time, other than household members residing on the
31 premises, shall be engaged in such occupations.
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1 (2) The use of the property for home occupations shall be clearly accessory to its use for
2 residential purposes.
3 (3) In all zones except EI, UR, URM, and URMX, home occupations shall not exceed a total of
4 1250 square feet of new building floor area, whether located in the dwelling, accessory
5 structure(s) or combination thereof. There is no square footage limit inside accessory structures
6 that existed at the time of adoption of this ordinance; however, there shall not be new square
7 footage in addition to existing square footage that would bring the total to greater than 1250
8 square feet. In the EI, UR, URM, and URMX zones home occupations shall not exceed a total of
9 500 square feet of building floor area, whether located in the dwelling, accessory structure(s) or
10 combination thereof
11 (4) There shall be no change in the outside appearance of the building or premises or other
12 visible evidence of a home occupation inconsistent with the residential character of the dwelling
13 or neighborhood, other than one sign, not exceeding eight square feet in area, non-illuminated
14 and mounted on the property.
15 (5) No traffic shall be generated by such home occupations in greater volume than would
16 normally be expected in the applicable zoning district and is appropriate for the road
17 classification which serves the property.
18 (6) Home occupations may use or store vehicles, in accordance with the following:
19 1 . The total number of vehicles used in connection with the home occupations shall be
20 permitted as follows:
21 . a. On a lot of record less than two acres; two commercial vehicles each of which
22 shall not exceed 105, 500 lbs .gvw;
23 b. On a lot of record two acres or greater; one commercial vehicle shall be
24 allowed for each acre, up to ten vehicles, regardless of weight.
25 2. The vehicles shall not be stored within any required setback areas of the lot or adjacent
26 roadways and shall be adequately screened from adjacent neighboring residences or
27 roadways.
28 (7) Any need for parking generated by the conduct of such home occupations shall comply with
29 the off-street parking requirements as specified in this title. In addition, parking shall be
30 provided for nonresident employees.
31 (8) No equipment, process, or materials shall be used in such home occupations which create
32 noise, vibration, glare, fumes, odors or electrical interference beyond the property line, or outside
33 the building, in sufficient amounts and of such characteristics and duration as is likely to be
34 injurious or cause damage to human health, plant or animal life, or property, or impacts heavier
35 or different than would be expected from a residential property.
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1 (9) Sales are limited to merchandise manufactured or repaired on the premises and/or items
2 accessory to a service provided to patrons who receive services (such as hair care products for a
3 beauty salon), telephone, mail order, catalog, e-commerce sales, or other electronic commerce
4 sales. In no case shall home occupations consist of only on site retail sales. Fees rendered for
5 services for the sole use or purpose of providing merchandise or equipment (such as tanning
6 beds, copy machines, or similar products) shall be prohibited.
7 ( 10) The maximum nameplate horsepower rating of the electrical motors of any single piece of
8 machinery operating in the home occupations shall be five horsepower. The electrical service for
9 home occupations shall not exceed 200 amps.
10 ( 11 ) The following activities, which include but are not limited to: mortuaries, funeral homes,
11 automobile, truck and heavy equipment repair and auto body work or auto body painting, are
12 prohibited as home occupations.
13 ( 12) Customers/clients are prohibited on the premises prior to 7 : 00 a.m. and after 8 : 00 p.m.
14 unless an exception is specifically granted by the administrator.
15 Chapter 20.97
16 DEFINITIONS
17 20.97. 180 Home occupation.
18 "Home occupation" means a small scale occupation conducted on a property, within a dwelling
19 unit and/or permitted accessory structure by the operator who resides on the property.
20
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