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HomeMy WebLinkAboutord2009-023 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009- 175 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 3/31 Council Introduction Alex Cleanthous Act- 41 o7 Division Head: `� R C., C 1f- N E D 4/14 Planning and Wain Harrison 3A01 Development Dept. Head: / BAR 2 4 2009 Committee/ Council David Stalheim " w ✓ \ W ATCOM COUNTY Prosecutor: Royce Buckingham 7 'v2G ct COUNCIL Purchasing/Budget: Brad Bennett Executive: Pete Kremen Pi() Q A* 7 TITLE OF DOCUMENT: Setbacks ATTACHMENTS: ( 1 ) Proposed Zoning Code Amendment (2) Whatcom County Planning Commission Findings of Fact and Reasons for Action 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.) Proposed amendments to the setback requirements of the Whatcom County Zoning Ordinance, Title 20. Proposed amendments are to reorganize and relocate setback standards for clarity and of the requirements of each zone. COMMITTEE ACTION: COUNCIL ACTION: 4 / 14 / 2009 : Forwarded to Council for approval 3 / 31 / 2009 : Introduced 4 / 14 / 2009 : Council Adopted 7 - 0 Ord . 2009 - 023 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: ORd . 2009 -023 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council. 1 :\Planning Division\Long Range Planning\Zoning Amendments\Zoning 2009\PLN2009-00001 - Setbacks\Council\agendabill.doc SPONSORED BY : Consent PROPOSED BY : PDS INTRODUCTION DATE : 3 / 31 / 2009 ORDINANCE NO. 2009 - 023 AMENDING WCC TITLE 20, TO CLARIFY THE SETBACK REQUIREMENTS WHEREAS, Whatcom County Planning and Development Services as a part of the long range work plan the "Code Scrub" item. The "Code Scrub" item are amendments that zoning administrative staff have identified as issues within the zoning code, WHEREAS, Planning staff discussed what issues within the current setback regulation could be alleviated through an amendment that purely reorganizes and clarifies language and does not change any of the setback standards, WHEREAS, Whatcom County Planning staff initiated the 60 Day Review process as required by RCW 36 . 70A. 106 on the proposed zoning code amendment WHEREAS, Notice of the proposed Planning Commission Public Hearing was in the Bellingham Herald on February 26, 2009 WHEREAS, the Planning Commission held a public hearing on March 12, 2009 and voted unanimously 5 -0 on a recommendation of approval for the proposed setback amendment FINDINGS OF FACT AND REASONS FOR ACTION 1 . From the assessment of Planning staff and from comments received from the public, it was determined that existing provisions located in the Official Whatcom Zoning Ordinance, Title 20, which regulates setback were unnecessarily confusing and difficult to administer. 2 . Whatcom County Planning and Development Services initiated a proposed amendment to the Whatcom County Official Zoning Ordinance. The proposed amendment was given file number PLN2009-0001 by Planning and Development Services. 3 . 60 Day Notice of the proposed amendment as required by RCW 36.70A. 106 was sent to the Department of Community Trade and Economic Development (CTED) on December 19, 2008 . On December 29, 2008 CTED notified Whatcom County that notice of the proposed amendment had been received and was forwarded to other interested agencies . No comments regarding the proposed amendment have been received from CTED, as of March 4, 2009. 4 . On February 13 , 2009, the Whatcom County State Environmental Policy Act (SEPA) Official gave the following non-project action a Determination of Non-Significance (DNS) . 5 . On February 3 , 2009, staff completed a draft of the proposed reorganization of setback standards. The draft alleviated the issues discussed with zoning administrators and the Public Works Departments. The draft text was given to Whatcom County' s front counter planner to serve as a prototype with which to conduct a "trial run" to ensure that the proposal is not inadvertently changing any standards and ensuring that there are no further non-substantive issues that this proposal could alleviate. 6 . On March 1 , 2009, the trial run was complete. Planner ' s working with the trial run copy of the proposal made additional suggestions to that would ensure clarity. 7 . There is no substantive policy issues involved in this amendment. The proposed changes to the text are purely for clarification and implementation purposes . 8 . The text amendment will clarify development regulations for the public to clearly understand what the setbacks requirements are for each zone. CONCLUSION . The proposal meets all of the legal requirements as noted within the Findings of Fact and Reasons for Action. The proposed amendment is compatible with the Growth Management Act, Whatcom County Comprehensive Plan Goals and Policies, along with policies within Whatcom County' s County Wide Planning Policies. Approval of this amendment is in the public interest. • NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1 . The Official Whatcom County Zoning Ordinance (Title 20) is hereby amended as shown in Exhibit A. ADOPTED this 14th day of April , 2009 . WHATCOM COUNTY COUNCIL ATT] Tn i i a s , , ,,,,l ` C ,`�.( � C O Viii, WHATCOM COUNTY, �N A T 6• ° C�� WASHINGTON O ; c4)( couHN ;< 4/1 A A z.4 fr-Vaiblineillitil.... 11. ���ana Bros- ;aids,ds, ��uncil Clerk , eth Fleetw-.od, Chairper ‘. n '''x.,11 iiit iii 7 0 ````` APPROVED as to form : �ved ( ) Denied _s. ,----_ ...---,-,---.7- /fr; / Civil Deputy Prosecutor Pete Kremen, Executive Date : Y----4 —7 File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 1 EXHIBIT A 20.80.210 Minimum setbacks. ( 1 ) All structures, including accessory structures, shall be placed on their lots in compliance with the requirements of the Setback Table (20. 80 .210(5)), except as may otherwise be provided in this title. (2) Waterfront Lots . Waterfront lots shall comply with the building setback requirements set forth in the Whatcom County Shoreline Management Program . (See WCC 20 . 80 .220(2)) (3 ) Vision Clearance. Notwithstanding any other setback requirements of this title, and unless specifically provided otherwise, a clear vision area shall be maintained on the corners of all property at the intersection of two streets, a street and an alley, or a street and a railroad. (a) A clear vision area shall consist of a triangular area, two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in subsection (c)(3 ) of this section (where the lot has rounded corners, the distance shall be measured from the intersection of those lot lines extended), and the third side of which is a line across the corner of the lot joining the nonintersection ends of the other two sides. (b) A clear vision area shall contain no planting, fence, wall, obstruction, or temporary or permanent obstruction exceeding two and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street center line grade; except that trees exceeding this height may be located in this area; provided all branches and foliage are removed to a height of 10 feet above the grade. (c) The following measurements shall establish clear vision areas: (i) In a residential zone, the minimum distance shall be 30 feet, or at intersections including an alley, 10 feet; (ii) In all other zones, the minimum distance shall be 15 feet, or at intersections including an alley, 10 feet, except when the angle of intersection between a street other than an alley is less than 30 degrees the distance shall be 25 feet; (iii) Structures including buildings may be constructed within the clear vision area; provided, that any portion of the structure within the clear vision area is more than eight feet above the top of the curb or street center line grade and is supported by not more than two columns each of which is no more than eight inches in diameter. (4) Properties which are generally located on the Guide Meridian between Horton and Kellogg roads, and specifically identified in the Guide Meridian Improvement Plan, shall be subject to the provisions of said plan. The provisions of said plan shall supersede this chapter where there is inconsistency. (5) Setbacks. For the purposes of this chapter, the road classification used to 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. File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 2 20.80.210 (5)(a) Setbacks Requirements of all Districts ( 1 ) No manure lagoon or other open pit storage shall be located closer than 150 feet from any property line, or in a manner which creates any likelihood of ground water pollution or other health hazard. (2) All manure storage shall be protected from a 25-year flood; and shall be located 50 feet from irrigation ditches and waterways, 50 feet from the ordinary high water line of any lake or waterway; provided, that best management practices as determined by the Whatcom County Conservation District are in place. If the best management practices are not in place, 300 feet shall be substituted for 50 feet. (3 ) 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. 20.80.210 (5)(b) Setbacks Table Commercial Setbacks . .. ,z" z,. a t��w £fF � , " , f '%g."�'`�.- "`r "" ', "�" ".I.�avr- �: ,,v r -W � �: 8 f I I � s���'�a� .. , .. ���'-.:a: cr �� �s�s". r'�a� . . ,�n . e�� ?s�. . Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors 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). Y - .,✓/ y+n .,. .,,..,;:P'n :N47 z. i.e. .. l a,n' , " -r .�` .+- -.Ft " t e L fl t a X>2 ''�'', "�. -za'J * a }"" yi ,x rye• s? qa! > c-T � r � a . :.N...l .,..s... @ I I I I 'a � x� ��^�-,: *`S� `�'s� r,.krr.�'�.� y=ss r.F ..�,� ��` �, ` "�3 ue P w2 � �r� ,.. � „�Sr�s.� kz ,ar -. �t *N� Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 30 ' 1 30 ' 25 ' 25 ' ; 25 ' 20 ' 0 ' 10 ' Water Resource Protection Overlay 30 ' 30 ' 20 ' 1 20 ' 20 ' 20 ' 0 ' 5 ' 1 . Setbacks for those parcels situated adjacent to 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. File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 3 .,_. ri x -. �J, .,'� ' r .- „ - w^, r 3*" ..' ;;,..�= a ^ a x� ,F§'r:ti � 4 ^ n. r%.�" � r„v e u A rL �± ` T°M'sr" '�"' ' rti c'mr .^:�s"`; zr �, a '" a ^Xx `-'r ,' "'.` F i fi�re . ��. . ; '. .`° �.� �. ..l2Fm!� 8 I I I I y�H�° ��� . r��s� ,>'.f '-' r .,.., p�rr"FFa�2n�.tr r.w. xm�sx��_,eh°� "' ro:a� ,,.�:�x� sw-a�� ��&.v �'�f,:.wi� ,v»,u.�.»�r'.�a '^e �.. x,e.. ... .... ,.� }.... +, 4ucY,Y�=,a.ES �i,. xcc., �sr an N � -"�� ,�^' � > Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors 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 landsca 8 e slam • romote • - destrian access to the buildin . . # 4 1 1 rv6-a f f.*.., [ 0r,a `-v^S a ' . as:p'x 2ab"h ak‘ f rryteay „,dr�yr ur e a ,. C,I✓ ",„• » 3 Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 30 ' 30 ' 25 ' 25 ' 25 ' 20 ' 5 '2 5 ,2 1 . Setbacks for those parcels situated adjacent to Urban Residential, Residential Rural and Rural Zone Districts shall be administered pursuant to WCC 20.64. 550 (Buffer area). 2 . Setback requirements for multifamily housing, including all condominiums except time share condominiums and mobile home parks, shall be 20 feet for side and rear yards . 3 . Setback requirements for recreational vehicle parks, and resort-oriented hotels and motels including time share condominiums shall be 45 feet for front yard, and 20 feet for side and rear yards. 4. Setback requirements for nonresort-oriented hotels and motels and nonhabitation commercial develo • ment shall be zero feet for side ards and 10 feet for rear ards. r �.. =W t � " ,a`iY -° -,:-"' fl .s� usi x . x�" ^mom e ,ra s. T �. x,. e� +g �. :I I B 8 I 8 e 8i 0 7 ! I ! pi �w-'`> .,xa `u, sS 4 - r . x �% ..v. g. T ,.+av « 'i ' "a q -v �r4i'6 s, �+ri�r �r 3..3 r�.,„ �- - -', rv-' 1/2 K 'Fxsr xa': °r — `...— ���� ,n sY � .u.� �. 1 'xs".�. �.. .....u�.r�: ,�...� re�:�.`'r:'i� ,.m -u _w , f J?. z `r,"� �t� �. k ¢ ` � � ✓ Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 25 ' 25 ' 25 ' 25 ' 25 ' 20 ' 0 ' 10 ' Water Resource Protection Overlay 30 ' 30 ' 20 ' 20 ' 20 ' 20 ' 0 ' 10 ' 1 . Neighborhood Commercial District. Setbacks for those parcels situated adjacent to 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. File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 4 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 , , x. > .:. � an,,, ✓ .+. v e ,e c u ,�., s';r� �t^� x s ' . t +r�x rr w^'.1 F r ?"3 : ^ xiY� ; S'? %T � .r %,,.: � ' a ,.- .rf'y.S' .ty ''���. Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & 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. File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 5 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 section 4 of the Heavy Impact Industrial zone' s setback re • uirements. +.y ib< � s�� .^s a ' " �° -- � �r c . �zr r shy e r a-z t I ms7 EI I Q 0. � .. 8 . „� ft y# 11. u �3v h�` +� '��:: 3 .�`! S µew '� ' "" r ;-�rn -a"' f „�s"' • ,„"`"U.-r "yP°". , ;'_ � ? ` '{ . r " '`�' ”" y ✓` �-.., xrms2a Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors 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 section (4) of the Light Impact Industrial zone' s setback requirements. 3 . Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to WCC 20 .66 . 550 (Buffer Area). 4 . The zoning administrator may reduce or eliminate side and rear yard setbacks from side and rear property lines that are adjoining an industrial district; provided, that the administrator finds that all of the following provisions are met: (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 File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 6 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. _.,,!�a .. II. sin' . ! M D .:<t "` 'S a1 ;;±- . ` .�u.` s; ,va,� 3�sN.�,. . zSCuraz� r<4 F��r antr'G'.aei= Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors 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 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. File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 7 5 . The zoning administrator may reduce setbacks for nonindustrial buildings to those of Light Impact Industrial if the reduced setbacks would not interfere with existing sewer, water and other easements. A greater reduction in setback requires approval under section (4) of the General Manufacturing zone ' s setback requirements. tx R '. 9•^ P, �`S';s�yy— { @@: '."�e a1 Trg ,X 42��a e " �- r bna5 uy ag:..� 4� s.vfn c a �.i �.�� f ,4-Gkv"sh:-Yi;rc` *Y:.c r�. �`./'rF;_.. � is Z> »c. #`/.?? i.'�ifx3 o-�."`:+4' X, r.;. ;.SY'+�z�✓N:M �: .w'.K� G �Z ''tsu?d pro "•-.^ ✓ Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector . Streets Hwys, Collectors 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 _eneral re ' uirements of WCC 20 . 80 . 675 . iA ."p-��"sro'�ki °. ., ., ry .:� ��,�x��^' ��� �4� a. � .�;». �r,°"_ rah,. i re ✓'�r?„k: , acute". ' i 0 i t ®; i R .a _ .m.( x.A."".^:5 "`" � r SS y�*' '2`t" "i �g"T-�"�. u � d a v * ‘‘'Y L"' . �r�`{ `"'.'r"£s"s' ,,, . lrr a ' h ..u.�.+P`ti., , r>*. fh ,'-e. X-w�aK..^v, i c ....,. d. ,.' - x .,,L a �N:, .,,;.:.� 3 ., £ ,.,uL._. Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors 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 File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 8 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. Resource Lands Setbacks t �sb4s; a „sFS ' "asra`Y` "�' + #- -�ss tx ��� . .z .:� . .� aw� � -, a ' � .. �" cv:; =fir. Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 50 ' 50 ' 50 ' 50 ' 50 ' 50 ' 20 ' 20 ' 1 . The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment, the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. 2. The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed, shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150-foot buffer, providing such expansion is not closer to a neighbor' s residence, and pastures are excluded from this section' s requirements. 3 . Parcels of less than five nominal acres shall have the following minimum setbacks : Front Yards: — Primary arterials and secondary arterials: 45 feet. — Collector arterials: 35 feet. — Neighborhood collectors, local access streets: 25 feet. — Minor access streets: 20 feet. Side Yards: Minimum side yard setbacks shall be five feet. Rear Yards: Minimum rear yard setbacks shall be five feet. File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 9 ( Fr ,y} ''�� {�n J� ''� �ry �¢�&+ e-�.�x .0 xx i I ' 44>v ��C�4 �w`rl1.!+�. P ik y'� Px� "•?;'-a :2. M. ^' 'a%� f >'r,f .^5 'e b 5 r ✓ < r x!^-.,i ,: r d ' °wr" a rdd-i"- ..a' .a . F YN F Road Type Other Commercial, Collector Minor Local ' Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45 ' 35 ' 25 ' 25 ' 25 ' 20 ' 100 ' 100 ' Water Resource Protection Overlay 30 ' 1 20 ' 1 20 ' 1 20 ' 1 20' 1 100 ' 1 100 ' 1 . Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. .. ` p x:;t"? . "„k`.'v .'gyp x o-r 3✓ i � aE°e s n ;;7:r � y �r r, te' :"43 5a . ` z . : _ '4 .4 .Fri.,. Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors . Principal & Minor Arterials 45 ' 35 ' 25 ' 25 ' 25 ' 20 ' 20 ' 20 ' Water Resource Protection Overlay 30 ' 30 ' • 20 ' 20 ' 20 ' 20 ' 20 ' 20 ' 1 . Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry zone situated adjacent to the Commercial Forestry zone, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.42 . 651 shall be subject to the standard setback of the Rural Forestry Zone. Forest industry buildings, stationary equipment or storage areas excluding scaling stations and watchman' s stations shall not be located within 100 feet of any other zone district. 2. Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. 3 . When a permitted residence (WCC 20.42.056), adjoins an existing parcel of 20 acres or more in size or a parcel that is being cultivated for commercial forestry production, a minimum building setback of 100 feet shall be established from the common property line. 4 . Lummi Island Scenic estates setbacks shall be administered under the Rural Residential Island setback standards . File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 10 Rural Residential Setbacks M p r v >: p ea, , r © . . r ' s i ti. w a+,s a" i ,"...0 p 3E,. r ,r , y . .> .rn .� i 3 .a. . Y a r 3y. 'p _�` 0 ' ' R .a . e " .'"" B .=` s:,,,. "r s• w +" '' �.r , . , r P 4y44 , 4 r f. Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45 ' 35 ' 25 ' 25 ' 25 ' 20 ' 5 ' 102 5 ' 1 Water Resource Protection Overlay 30 ' 130 ' 120 ' 120 ' 120 ' 120 ' 15 ' 15 ' 1 . Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone District, - except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.32 .651 shall be subject to the standard setback in WCC 20 . 80.210. y o . 4 n ' aAr .. ikif8 . ® ° s- xrk.-.� ). 1 . r- k . :.a w°5 � k {" :s u . •4^y . Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 25 ' 25 ' 25 ' 20 ' 5 ' 5 ' 1 . Residential Rural-Island District. Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone Districts, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.34 . 651 shall be subject to the standard setback in WCC 20 . 80 .210. D k . , Th D F e t ff S w.m p S{!, „.w tl is• r . " ,. yt...emk°l ' V - .;r ,' z?g d c s'«^ ' x f �:✓•^' „'x s . , '. . "3r - k.r z ( - : ./ jw I .. .E 3 N.r, Ljoi O . y . � E; 3'�' % " Y j.1. '� r '('rd f# . t � 3'A , 4' ..•$rK s. 5 t - ,c • �» ..a,,. � -..,.E ru &wn" 3 � f �i_.c. ,ule� wr�. . .,x.: '�f �.1.wr3 � bF, .. L Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor • Arterials 45 ' 35 ' 25 ' 25 ' 25 ' 20 ' 5 , 1 5 ' ' No additional standards I — Roof overhangs or other additional features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. 2 - Zero lot line side yard setbacks may be approved by the zoning administrator for single- family attached dwelling units along the common property line where the dwellings share a common wall. File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 11 Rural Zonin s Setbacks . , rPZ ., .r a o.,,� . .,E -.,ey ,�:^r .s K $=, s �fi + r � ,r .y.: t r ,s. w es:. �, -+,�W r zr 'ii [33{, " " . `.hf:'z �'^w'" ...s �„ K'",,.,, n. e' ::Fe` G ` vAr ?z" W"'j-0z8 . x. �'+ ,g.",i_,.,�G ,a., -'"':, v�.,-*, .. �' rTy✓ r "' , '�` Fr *� x � . .rc� s;S:� a ,>,.er., *C.:sasda✓�.�`^s; Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45 ' 45 ' 35 ' 25 ' 25 ' 20 ' 5 ' 1 5 ' 1 Water Resource Protection Overlay 30 ' 30 ' 20 ' 1 20 ' 20 ' 20 ' 5 ' 5 ' 1 . Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Commercial Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20 .36 .651 shall be subject to the standard setback in WCC 20 . 80.210 . 2 . For lots created after 2001 through the cluster provisions, or lots created through the APO provisions which will be used for human habitation shall be set back a minimum of 100 feet from the property line of any parcel or portion thereof which is designated or used for agricultural purposes. No structures shall be constructed within 30 feet of exterior, side and rear property lines, and no structure shall be constructed within 30 feet of an agricultural use. Subject to any further requirements within WCC 20.38 Agriculture Protection Overlay. 1 — Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. Urban Residential Setbacks B 4. L.\70-4 e e l B �b3h r s xR� .��"N" `"'ry "'' " X .� �.r a€y 3 �'"• . . . ..�..a,..�. �,�.,e� z.,. ��°t?.,- s l�� h ' y ra � �..�^ ,. ..� Nt-.�" `°� ' .. � �.. ��`,�i�-�,s. ,�.���� �';y�,,,'„W>.rz.", r.� Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45 ' 35 ' 25 ' 10 ' 10 ' 10 ' 5 ” 5 , 1 Water Resource Protection Overlay 30 ' 30 ' 20 ' 20 ' 20 ' 20 ' - 5 ' 5 ' 1 . No specific setback requirements shall apply to a planned concept submitted for technical committee review. This provision could be used, for example, to allow zero-lot-line development. File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 12 x Ace @,.�.,. J @ 1 ��= rde"v.� 1 G; � m ,.l I n+ �" fi-�.s'xv . h.v: . gr tr am 7. . a -. ... . ✓_ .r.,. r.�_,'d*.-T`_.. m rg"..,. w✓ 5' - . .,.... ... +l.y „.a�:. � Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45 ' 35 ' 25 ' 25 ' 25 ' 20 ' 5 ' 1 5 ' 1 Water Resource Protection Overlay 30 ' 130 ' 120 ' 120 ' 120 ' 120 ' 15 ' 15 ' 1 . Setback requirements for mobile home parks shall be 20 feet from the perimeter of the park for side and rear yards and shall be screened from neighboring uses in accordance with WCC 20 . 80 .345 . y C u }r' ITV:yz-� "fix sw"ri v 1 ,... _ 47, '°1 G 'a \ `"✓' °`a' ',�'7- — i" "'^ .1 R ry ,r` .✓"` i Bd >. ® & 7 d - f3 B - � ;. --. z �.. : ;ccc'AI , s ∎.4 a€ J ` " °wn.3`r ; scs . . .. ,..1�� .�." '' y � �� . „ �'e. ,3 , a _�. .,,n.�. ,. �itu.z .a�,�w+� �' ��, ,.�s� . .,xa Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45' 35 ' 25 ' 25 ' 25 ' 20 ' 5 ' 1, 2 5 ' 1 Water Resource Protection Overlay 30 ' 30 ' 20 ' 20 ' 20 ' 20 ' 5 ' 5 ' 1 . Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone District, except that such parcels which are less than 20,000 square feet in a subdivision approved prior to January 1 , 1987, and whose owners have filed an agreement with the county auditor as specified in WCC 20.20 .651 shall be subject to the standard setback in WCC 20 . 80 .210 1 — 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; in no case will the extend more than one-half the depth of the front yard setback. 2 — Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached dwelling units along the common property line where the dwellings share a common wall. File # PLN2009-00001 March 12, 2009 Setbacks Staff Report, Page 13 Other Zonin ' Setbacks e , ® a( ^ a o 7 ,„:0_„,-,w„s a�fr+ �"'� � �:.A` " � ••^.,"�"a�� � fir°' _ 8 I ;Y 6 @ Ve a .- o-, ° � . .,'x ,^� >.>a' ,x.< , . vs3' � ','d r Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 100 ' 100 ' 50 ' 50 ' 50 ' 50 ' 50 ' 50 ' 1 . Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. 2 . Shoreline setbacks shall be administered consistent with the Shoreline Management Program of Whatcom County; provided, that a 25-foot setback is maintained from the ordinary high water mark of all water bodies and a 50-foot setback is maintained from the ordina high water mark of fish spawn streams. ;A��LN ;nk Wil.. n t 3 0 .. ® +'nwa ith—FCM 1 3.M�a. a .dx. s. . -r ,.. . �.. , Q ^ •i<ck a. Road Type Other Commercial, Collector Minor Local Neighbor Minor Side Yard Rear Yard Industrial, I- Arterials or Collectors Access -hood Access 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 30 ' 30 ' 20 ' 20 ' 20 ' 20 ' See See underlying underlying Zoning 1, 2 zoning 1' 2 No additional standards 1 — 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. 2 - Refer to additional provisions of WCC 20.64 .250 or 20 . 65.400.