HomeMy WebLinkAboutres2007-009WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-68
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
1/23/2007
1/30/2007
Council
Division Head.
2/13/2007
Council
Dept. Head:
Prosecutor:
1,2L 10
Purchasin /&ud et:
Executive:
TITLE OF DOCUMENT.
Resolution initiating emergency zoning text to WCC 20.42 Rural Forestry District
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a !rearing ? ( ) Yes ( ) NO
SEPA review completed? ( )Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICELANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Resolution initiating an emergency zoning text amendment to Whatcom County Code 20.42, Rural Forestry District
COMMITTEE ACTION:
COUNCIL ACTION.•
1/30/2007: Withdrawn from Council agenda
2/13/2007: Council Approved 6 -1 Crawford
opposed Re. 2007 -009
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Res. 2007 --009
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.
Forward Lot Clustering Removal in RFD to PC
PROPOSED BY: Consent
SPONSORED BY: Consent
INTRODUCED: January 30, 2007
RESOLUTION NO. 2007 -009
INITIATING AN EMERGENCY ZONING TEXT AMENDMENT TO
WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT
WHEREAS, the provisions of Whatcom County Code (WCC) 20.90 indicate
that proposed amendments to Title 20 and the official Whatcom County zoning map
shall be docketed for consideration once per year; and
WHEREAS, WCC 20.90 also provides for initiation of "emergency"
amendments outside the annual docket cycle upon approval of a resolution passed
by a two - thirds majority of the County Council, to place the proposed amendment(s)
on the WCC Title 20 and official zoning map initiated amendment annual docket;
and
WHEREAS, the Whatcom County Council has considered the zoning text
amendments attached as Exhibit A to this resolution and determined that
expeditious review is necessary to support the economic and environmental well
being of Whatcom County.
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
hereby initiates for formal review the zoning text amendments outlined in the
attached Exhibit A to the resolution.
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f�0s 23 day Of February , 2007.
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WHATCOM COUNTY COUNCIL
$TT • ' WHATCOM COUNTY, WASH GTON
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[Trp_nal d � r•Cle� o t e Council W
Carl eimer, Council Chair
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vil Deputy Prosecutor
Page 1
EXHIBIT A
Chapter
RURAL FORESTRY (RF) DISTRICT
Sections:
20.42.010 Purpose.
20.42.050 Permitted uses.
20.42.100 Accessory uses.
20.42.130 Administrative approval uses.
20.42.150 Conditional uses.
20.42.200 Prohibited uses.
20.42.250 Minimum lot size and width.
20.42.251 Minimum lot size.
20.42.252 Maximum density and minimum lot size.
20.42.253 Minimum lot width and depth.
I _F _i__t_ «ing and r-eseFve tF8et.
29.42.3!G L _t _i u_t_r-...gr
20.42.315 Repealed.
20.42.330 Deleted.
20.42.350 Building setbacks.
20.42.400 Height limitations.
20.42.450 Lot coverage.
20.42.550 Reforestation area.
20.42.650 Development criteria.
20.42.651 Plat language for proposed subdivisions.
20.42.652 Use of natural resources.
20.42.653 Landscaping.
20.42.654 Parking requirements.
20.42.655 Livestock regulations.
20.42.656 Domestic water supplies.
20.42.657 Drainage.
20.42.900 Conditional use permit criteria.
20.42.010 Purpose.
The purpose of this district is to implement the forestry designation of the
Whatcom County Comprehensive Plan, established pursuant to RCW 36.70A.170,
by providing the opportunity for nonindustrial landowners to manage their land
for long -term productivity, and sustained use of forest resources. In addition, the
district encourages the management of land for wildlife, aesthetics, and other
noncommodity values. It also provides for uses that are compatible with these
activities, while maintaining water quality and soil productivity. Lummi Island
Scenic Estates shall be administered under the RR -I zone district regulations.
(Ord. 2005 -079 § 1, 2005; Ord. 2003 -029 § 1 (Att. A § 6), 2003; Ord. 98 -083
Exh. A § 66, 1998; Ord. 92 -094, 1992; Ord. 91 -023, 1991; Ord. 87 -12, 1987;
Ord. 87 -11, 1987; Ord. 86 -42, 1986).
20.42.050 Permitted uses.
Page 2
Unless otherwise provided herein, permitted, accessory and conditional uses
shall be administered pursuant to the applicable provisions of Chapter 20.80
WCC (Supplementary Requirements) and Chapter 20.84 WCC (Variances,
Conditional Uses and Appeals), the Whatcom County SEPA Ordinance, the
Whatcom County Subdivision Ordinance and the Whatcom County Shoreline
Management Program.
.051 The cultivation, harvest, and production of forest products or any forest
crop, in accordance with the Forest Practice Act of 1974 and any regulations
adopted pursuant thereto; and the cultivation, harvest and production of ferns,
moss, boughs, bark, berries, nuts, tree fruits, tree seeds, nursery stock, and
Christmas trees.
.052 Agriculture, floriculture, horticulture, beekeeping; raising, keeping and
feeding of domestic animals, poultry and livestock; and structures accessory to
animal husbandry.
.053 Operation of sawmills, chippers, shake and shingle mills, scaling stations;
log dumps, sorting and storage areas; forest industry equipment maintenance
buildings and storage yards, and forest industry residue dumps and other uses
involved in the harvesting and primary processing of timber; provided, that all
such uses within 1,000 feet of any existing Residential or Commercial Zone
District as well as the Recreation and Open Space (ROS) District, or park, or
recreation area shall be temporary and of less than 12 months' duration.
(1) The intent of processing is initial reduction in bulk and /or to facilitate
transport to secondary processing centers; and
(2) All uses within 1,000 feet of a park, recreation area or zone district other
than Rural, Agriculture or Industrial, shall be temporary and of less than 12
months' duration.
.054 The management and propagation of fish and wildlife.
.055 Watershed management practices including erosion control measures,
drainage control structures, vegetation management to improve runoff
characteristics, weather stations, stream gauging stations, or watershed research
facilities.
.056 One single - family dwelling per legal lot of record.
.057 Deleted by Ord. 2001 -012.
.058 Surface mining, rock crushing, washing and sorting subject to the Forest
Practices Act (Chapter 76.09 RCW); provided, that administrative approval is
required for accessory rock crushing activities located within 1,000 feet from a
rural or residential district.
.059 Repealed by Ord. 2000 -006.
.060 Living quarters for trail crews, fire crews, nursery crews, logging crews,
maintenance crews and watchmen.
Page 3
.061 Hydroelectric power generation facilities using only diversion structures
creating impoundments less than three acres, and cogeneration facilities;
provided, that the power shall be to serve and will be associated with a permitted
or conditional use situated in the Forestry Zone District.
.062 Storage of explosives operated in compliance with Chapter 70.74 RCW.
.063 Trails, trailheads, restroom facilities and associated parking areas for no
more than 30 vehicles.
.064 Temporary dwelling units which have full living accommodations
including sleeping, self - contained cooking, bathing, and toilet facilities where the
plumbing is connected to permanent site sewage and water systems, including
those travel trailers and recreational vehicles that meet the above description,
for use by owners during the period of construction of a permanent dwelling
while building permit is valid, not to exceed two years.
.065 Private, noncommercial, recreation occupancy of a recreational vehicle;
provided, that the following minimum requirements and standards are met
and /or followed:
(1) Maximum length of stay of any recreational vehicle on a lot shall not
exceed a total of 120 days per calendar year; provided, that no accessory guest
RV shall remain on the subject lot for more than 14 consecutive days nor more
than 30 days total per calendar year.
(2) One recreational vehicle and one accessory guest RV per lot shall be
allowed. If such lot is greater than five nominal acres, one additional guest RV
may be allowed per each additional two acres of the subject lot. The total
number of recreational vehicles on a single lot at one time shall not exceed five.
(3) In the case of a special event or occasion:
(a) Any proponent of a temporary special event which requires a total
allowable number of RVs that exceeds the standard maximum allowed, shall file
an affidavit with the department of planning and development services which
specifies the nature of the special event, location, specified days of the proposed
use and the sanitation and wastewater disposal facilities proposed for the event.
(b) The duration of the temporary special event shall include the days the
use is being set up and established as well as when the event actually takes
place.
(c) A parcel shall host no more than three temporary special events within
a calendar year; provided, that the time periods specified in subsection (1) of
this section are not exceeded.
(4) All recreational vehicles that remain on the site for more than 14
consecutive days shall be connected to a permitted on -site sewage system or
public sewer or shall provide documentation that wastewater was removed by a
licensed sanitary disposal service.
(5) All recreational vehicles shall be screened from neighboring properties not
using RVs and from public roads. Such screening may consist of landscaped
buffer areas, suitable native vegetation or a fence.
(6) Lots shall not be leased or rented out on a daily or overnight basis for
recreational use.
(7) The locations of parked RVs on vacant lots shall observe normal building
setback standards for a single - family residence.
Page 4
(8) All recreational vehicles shall be supported by their own wheels or camper
jacks, and not be fastened to accessory structures. Placement of a recreational
vehicle on a foundation or removal of the wheels of a recreational vehicle, except
for temporary purposes for repair, is prohibited.
.066 Gravel bar scalping projects within the jurisdiction of the Shoreline
Management Program.
.067 Light industrial /manufacturing uses that were legal under concomitant
agreement filed under Auditor File # 940107190 (as revised under Auditor File #
) prior to the effective adoption date of the county's Comprehensive Plan,
May 20, 1997, will be considered permitted uses. Expansion will be allowed as a
permitted use but will be limited to the land area zoned Light Impact Industrial
on May 20, 1997, and must comply with applicable conditions and with the
requirements of the Light Impact Industrial zone where there is conflict with the
requirements of the Rural Forestry zone.
.068 One one -story detached accessory storage building per lot; provided, that
the floor area shall not exceed 200 square feet and shall only be used for
personal storage and not for habitation or business; and provided further, that
the storage building shall contain no indoor plumbing but may be served with
electrical power for lighting.
.069 Public forest preserves, wildlife reserves, natural systems education,
and /or interpretive areas.
.088 Adult family homes as defined in Chapter 70.128 RCW.
.089 Boarding homes that are similar in size, facilities and occupancy to other
residential structures permitted in the zoning district.
.090 Mental health facilities that provide residential treatment and are similar
in size, facilities and occupancy to other residential structures permitted in the
zoning district.
.091 Substance abuse facilities that provide residential treatment and are
similar in size, facilities and occupancy to other residential structures permitted
in the zoning district. (Ord. 2005 -079 § 1, 2005; Ord. 2004 -026 § 1, 2004; Ord.
2004 -014 § 2, 2004; Ord. 2001 -012 § 1, 2001; Ord. 2000 -040 § 1, 2000; Ord.
2000 -006 § 9, 2000; Ord. 99 -062, 1999; Ord. 98 -078 Exh. A, 1998; Ord. 97-
069, 1997; Ord. 92 -094, 1992; Ord. 92 -079, 1992; Ord. 88 -29, 1988; Ord. 87-
23, 1987; Ord. 86 -42, 1986).
20.42.100 Accessory uses.
.101 Utilization of sewage sludge on land when regulated by a utilization
permit issued by the Bell ingham-Whatcom County district department of public
health in accordance with WAC 173- 304 -300. This would apply to any land
owned or leased by the same operator. Utilization of sludge in the Lake Whatcom
watershed is not allowed.
.102 Uses incidental to the primary permitted uses.
Page 5
.103 (1) The usual wholesale marketing activities associated with the
agricultural, aquacultural, forestry, and mineral resource uses permitted in this
district.
(2) Retail marketing, by the operator, of Whatcom County products which
originate from the permitted uses stated in WCC 20.42.050; provided:
(a) Only one stand containing not more than 500 square feet of floor area
shall be permitted;
(b) Such stand shall be subject to the setback requirements of WCC
20.80.200; and
(c) Such stand shall be provided with a sufficient area to permit at least five
automobiles to park safely off the road right -of -way and to re -enter the traffic in
a forward direction.
.104 On -site treatment and storage facilities for hazardous wastes associated
with outright permitted uses or approved conditional uses subject to the most
current siting criteria under Chapter 173 -303 WAC. On -site treatment and
storage facilities for hazardous wastes are not allowed in the lake Whatcom
watershed.
.105 Home occupations, when in compliance with the following:
(1) The occupation or profession shall be carried out wholly within the principal
or accessory buildings; and
(2) Not more than two persons outside the immediate family shall be
employed in the home occupation. (Ord. 2003 -029 § 1 (Att. A § 13), 2003; Ord.
96 -055 Att. A § 31, 1995; Ord. 92 -094, 1992; Ord. 91 -023, 1991; Ord. 89 -10,
1989; Ord. 88 -29, 1988; Ord. 87 -84, 1987).
20.42.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant
to WCC 20.84.235.
.131 A temporary second dwelling unit of no more than 1,248 square feet in
floor area, in the form of a manufactured home, a fully serviced travel trailer or
motor home, to provide:
(1) A temporary dwelling space for family members who, due to professionally
documented physical or mental disorders, or risks of such disorders, require
supervision and care where such care is provided by members of the family who
reside on the property; or
(2) A temporary dwelling space for a person providing care for the resident
owner of the subject property when said owner needs supervision and care as
described in (1) above.
Approval Requirements:
Administrative approval for temporary second dwelling units shall be approved
if it is determined that the proposal meets the following requirements:
(1) Temporary second dwelling units shall only be permitted on fully serviced
parcels on which the applicant can meet setback, ingress, egress, height
restrictions, and lot coverage requirements.
(2) The size of the temporary dwelling shall be appropriate to the use and size
of the parcel and shall be limited so as to comply with the standards set forth in
(1) above.
Page 6
(3) The temporary home shall be connected to an approved water supply and
adequate capacity sewage disposal system approved by the Whatcom County
health department.
(4) When care is no longer necessary, the temporary home shall be removed
within 60 days.
(5) The permit shall be valid for one year. The permit may be extended on a
yearly basis; provided, that an affidavit is furnished by the permittee affirming
that the circumstances allowing the original permit remain in effect.
(6) A covenant shall be filed that restricts sale of the property while the
temporary dwelling is in place.
(7) The use will not be hazardous or disturbing to existing or future
neighboring uses.
(8) Evidence of adequate off - street parking space shall be provided.
(9) There shall be no occupancy of the temporary dwelling outside the
conditions under which the temporary dwelling is permitted pursuant to this
section.
(10) All mobile homes must demonstrate compliance with minimum HUD Fire
Safety Standards and compliance with current Washington Administrative Code
(WAC).
Penalties: False statements on supporting documentation submitted with the
application or failure to comply with any of the approval requirements may be
cause for revocation of the permit and prosecution.
.132 Accessory apartments or detached accessory dwelling units to single -
family dwellings; provided, that all of the following approval requirements are
met:
(1) In addition to an existing or permitted dwelling, there shall be no more
than one accessory apartment or detached accessory dwelling unit per lot;
(2) The owner(s) of the single - family lot upon which the accessory apartment
or detached accessory dwelling unit is located shall occupy as their primary
domicile at least one of the dwelling units on that lot;
(3) Proof that adequate provisions have been made for potable water,
wastewater disposal, and stormwater runoff for the additional dwelling unit must
be obtained prior to application for a building permit;
(4) There shall be only one front entrance to the house visible from the front
yard and street for accessory apartments and only one additional entrance visible
from the front yard for detached accessory dwelling units;
(5) Accessory apartments and detached accessory units shall be clearly a
subordinate part of an existing residence;
(6) In no case shall an accessory apartment or detached dwelling unit be
larger than 1,248 square feet in floor area;
(7) Long plats and short plats which are granted after January 25, 1994, shall
be marked, specifically designating lots allowed to be developed with accessory
apartments or detached accessory dwelling units at the option of the developer
for future individual owners. Accessory apartments and detached accessory
dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after
January 25, 1994, unless those lots have been specifically marked for such use
through the long plat process;
Page 7
(b) All lots within short plats which received approval after January 25,
1994, unless those lots have been specifically marked for such use through the
short plat process;
(8) A common driveway serving both the existing unit and any accessory unit
shall be used to the greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to
building permit issuance, stating:
(a) Detached accessory dwelling units and associated land cannot be sold
separately from the original dwelling; except in the event the zoning permits
such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) Outside of an urban growth area, the minimum lot size for detached
accessory units shall be 20 acres;
(11) Accessory apartments and detached accessory dwelling units to single -
family dwellings are allowed within the Lake Whatcom watershed, only under the
following circumstances:
(a) Development of the parcel with the primary residence and accessory
apartment or detached accessory dwelling shall conform to the density of the
zoning district in which it is located. Adjacent properties in the same ownership
may be bound by covenant to comply with the underlying zoning density; and
(b) All of the above approval requirements shall be met for so long as the
accessory unit remains;
(12) Detached accessory units shall be located closer to the primary unit than
to any adjoining property line unless site constraints require location closer to
the property line. If an accessory unit is located closer to an adjacent property
line than to the primary dwelling or within 50 feet of an adjoining property, the
applicant must provide a statement of nonobjection from the adjacent property
owner and must screen the unit to minimize visual impacts;
(13) All mobile homes must demonstrate compliance with minimum HUD Fire
Safety Standards and compliance with Washington Administrative Code (WAC).
.133 Surface mining subject to Washington State's Surface Mining Act
(Chapter 78.44 RCW), and accessory washing, sorting, and rock crushing, when
within a Mineral Resource Land Special District subject to the requirements of
Chapter 20.73 WCC and all other applicable regulations.
.135 Cottage industries employing no more than two people on -site, other
than family members residing on the premises; provided, that in addition to the
criteria found in WCC 20.84.220 and 20.97.087:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry
and construction of new buildings to house said activity shall not, in any case,
exceed 2,500 square feet of total floor area. The total land area used for
buildings and outside storage or other uses related to the cottage industry shall
not exceed 10,000 square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre.
(3) In the event materials will be stored outdoors, the zoning administrator
shall require adequate landscaping, screening, or other devices in order that the
material will not be visible by surrounding uses or roads.
Page 8
(4) One nonilluminated sign, not to exceed 16 square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved
by the hearing examiner as a conditional use.
(5) Seasonal employees working less than 21 days per year will not be
counted as employees if they are engaged in work directly related to agriculture
or forestry.
.136 Forestry related /wood based cottage industries which employ no more
than 10 on -site people other than family members residing on the premises,
including primary or low intensity secondary processing of timber not permitted
in WCC 20.42.053, including fabrication of furniture and fixtures, partitions,
shelves and lockers, manufacture, processing, treatment and fabrication of
lumber, millwork, miscellaneous wood products, and other wooden building and
roofing materials, excluding pulp, paper or plywood mills, conducted in
structure(s) other than the dwelling unit; provided, that:
(1) The administrator, at his discretion, in consideration of the surrounding
development patterns, property uses and size of the lot on which the proposed
cottage industry is locating, may place limitations on the square footage used in
an existing or new structure used for a cottage industry. The construction of new
buildings to house said activity shall not, in any case, exceed 4,000 square feet
of total floor area.
(2) The parcel must access from a collector arterial or higher standard street
(this could include shared access).
(3) Minimum parcel size is one acre. Minimum lot size is five acres for
buildings which exceed 2,500 square feet of total floor area, and /or are
constructed of materials which are not of similar materials or scale to a single -
family residence.
(4) Minimum open space requirement is 40 percent. Adequate buffering is
required for both visual screening and noise reduction and must comply with
WCC 20.80.345. The administrator may modify the required buffer widths, either
reduction or enlargement, on a site - specific basis. A finding regarding the
rationale for such modification will be entered into the record. Site development
should maintain the existing natural vegetation to the greatest extent possible.
(5) All work is conducted within a building, except that uses which are
complementary to the Rural Forestry District and which are determined to be
harmonious with adjacent parcels may be allowed outdoors.
(6) In the event materials will be stored outdoors, the administrator may
require adequate landscaping, screening or other devices in order that the
material will not be visible by surrounding uses or roads.
(7) For parcels visible from a state scenic highway, the administrator shall, at
his discretion, require additional measures or restrictions to protect scenic vistas.
(8) The operation of the business must comply with county /state noise, air
quality and all other applicable regulations.
(9) There is no polluting or hazardous industrial discharge to a public sewer or
septic system.
(10) One nonilluminated freestanding sign, visible from the road, and not
exceeding six feet in height, may be permitted. One additional nonilluminated
sign may be attached to the building for a maximum total signage of 16 square
feet. No portion of any sign shall extend above the lowest portion of the roof.
(11) Not more than 10 nonfamily members not residing on the premises can
be employed on site.
Page 9
(12) An application packet shall be submitted on forms provided by county and
must provide a site plan, drawn to scale, which shows the location of existing
and proposed structures, includes dimensions of new and proposed structures to
property lines, distance to adjacent structures, uses of adjacent parcels, existing
vegetative cover and proposed modifications to vegetative cover of proposed
site, location of permanent buffers and proposed plant materials for the
permanent buffer, including species, sizes and spacing. (Ord. 2005 -079 § 1,
2005; Ord. 2001 -012 § 1, 2001; Ord. 98 -078 Exh. A, 1998; Ord. 98 -018 § 1,
1998; Ord. 97 -069, 1997).
20.42.150 Conditional uses.
The conditional uses listed herein shall be administered pursuant to the
applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and
Chapter 20.84 WCC (Variances, Conditional Uses and Appeals), the Whatcom
County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the
Whatcom County Shoreline Management Program. Applicable conditional use
permit criteria are established in the provisions of WCC 20.42.900 and will not be
subject to the conditional use criteria provided for in WCC 20.84.220.
.151 Construction and operation of water diversion structures, impoundment
dams and hydroelectric generating facilities not permitted under WCC 20.42.061.
.152 Bed and breakfast establishments.
.153 Surface mining, rock crushing, and accessory washing and sorting,
subject to the conditions in WCC 20.36.159.
.154 Operation of indoor or outdoor parks and recreation facilities including
camps, community centers, campgrounds, activity centers, marinas, riding
academies, developed trail heads with more than 30 parking spaces and off -road
vehicle parks; provided, that in the Lake Whatcom watershed riding academies,
marinas, recreational vehicle and off -road vehicle parks are not allowed.
.155 The operation of facilities intended to provide education related to
forestry, natural resources and wildlife and the purpose of this district, including
but not limited to demonstration forests and conservation laboratories,
educational meeting facilities and related uses including rental cabins or other
lodging structures, cooking and dining facilities, retail sales or meeting supplies
and gifts, in the Foothills Subarea, South Fork Valley, the Newhalem Exclave and
the Baker Lake Exclave, provided the following standards are met:
(1) Density shall not exceed one sleeping unit per one gross acre or a
maximum of 50 beds for the entire development.
(2) Each cabin shall have a maximum of three sleeping units.
(3) Must be located with vehicular access fronting on paved county roads or
private roads improved to county standards.
(4) Front yard setback shall be 75 feet, with 100 feet side and rear yard
setbacks to adjacent properties.
(5) Lot coverage for all facilities, including the rental cabins, shall not exceed
20 percent, clustered on no more than 50 percent of the property.
.156 Aircraft landing areas when solely for personal (aircraft based at those
landing areas are owned or controlled by the landowner or tenant and subject to
Page 10
any limitations deemed necessary by the hearing examiner) or forest
management uses; provided the centerline of any such landing area shall not be
located within 500 feet of any zone boundary other than a Commercial Forestry
zone, property line, building, or structure; except that a legal affidavit from
adjacent property owner(s) allowing all, or a portion, of that 500 feet as a
recorded easement on their property, presented as part of a conditional use
permit application, shall be acceptable. The surface of any such landing areas
shall be grass or sod and not longer than 2,500 feet. It shall be unlighted and for
daytime use only.
Handling and storage of fuel and bulk chemicals associated with forest
management on or near the landing area, and fuels and lubricants associated
with the operation of personal use aircraft, will be stored and handled in
accordance with pertinent state and county codes. Notification of conditional use
permit application hearing shall go, by first class mail, to residents within 1,000
feet from any point on a proposed aircraft landing area; the applicant shall pay
the cost of such mailings.
.157 The operation of fur farms and kennels.
.158 Major utility and communication facilities.
.159 Primary or low intensity, secondary processing facilities of timber not
permitted in WCC 20.42.053, including fabrication of furniture and fixtures,
partitions, shelves and lockers, manufacture, processing, treatment and
fabrication of lumber, millwork, miscellaneous wood products, and otherwooden
building, roofing and construction materials and building material yards, if
screened by a fence and /or vegetation as specified in WCC 20.80.355; excluding
pulp or paper mills. The conditional use provisions is applicable for proposals
which include structures that exceed 4,000 square feet and employ more than 10
nonfamily members.
.162 Asphalt and concrete batch plants, when within an MRL Special District.
.163 The permanent alteration or removal of more than 20 percent of the lot
area, excluding natural meadows, bogs, surface waters, and rock outcrops, from
the production of forest products when not otherwise authorized by WCC
20.42.450.
.164 Cottage industries as defined by WCC 20.97.087, excluding those allowed
in WCC 20.42.135, and which employ not more than four people outside the
family conducted in structure(s) other than the dwelling unit. Such activities will
comply with all other provisions of WCC 20.36.161(1) through (5).
.165 Public facilities for emergency- related health and safety purposes, such
as firehalls and Washington State Department of Transportation satellite road
safety facilities.
.166 Shooting ranges.
.185 Type I solid waste handling facilities.
Page 11
.186 Type II solid waste handling facilities.
.187 Mitigation banks as a form of compensatory mitigation for wetland and
habitat conservation area impacts when permitted in accordance with the
provisions of Chapter 16.16 WCC; provided, applications for mitigation banks
shall be processed as a major development project pursuant to Chapter 20.88
WCC. (Ord. 2005 -068 § 2, 2005; Ord. 2004 -041 § 1, 2004; Ord. 2004 -026 § 1,
2004; Ord. 2004 -014 § 2, 2004; Ord. 2001 -012 § 1, 2001; Ord. 2000 -064 § 1,
2000; Ord. 99 -031, 1999; Res. 99 -010 Exh. A, 1999; Ord. 98 -078 Exh. A, 1998;
Ord. 97 -069, 1997; Ord. 96 -056 Att. A §§ 32, 33, 1996; Ord. 93 -076, 1993; Ord.
92 -094, 1992; Ord. 92 -079, 1992; Ord. 91 -013, 1991; Ord. 88 -29, 1988; Ord.
86 -42, 1986).
20.42.200 Prohibited uses.
201 All other uses.
.202 Adult businesses. (Ord. 99 -070 § 2, 1999; Ord. 92 -094, 1992).
20.42.250 Minimum lot size and width.
20.42.251 Minimum lot size.
(1) For the purpose of creating new residential building lots within the Forestry
District, one land use density is provided. The minimum lot size requirements for
new residential construction
rninomum 'ems shall be 20 nominal acres or 1/32 of a section. '— en the
ewer subelivisien ngethed is used,, the minimum let size- is based --vrT
€e . idefat-ten e€ the - dist-fiet's setbaek re ements (WGG ?flAjQ-.2ffi) and health
department r-equir-engents fer en site wastewater- disposal.
(2) Divisions of land for nonresidential purposes shall have a minimum lot size
of 20 acres. (Ord. 96-056 Att. A § 34, 1996; Ord. 92 -094, 1992; Ord. 86 -42,
1986) .
20.42.252 Maximum density and minimum lot size.
Gross Density
Minimum Lot Size
Minimum Mean Depth
Conventional Cluster
�'"'�"sjr"� " " (Cluster
-7&�
Conventional
Vuste
Vuster
Width at Building Line
1 dwelling
20 acres
1 aere
29 aer-es
85%
unit /20 acres
8QG0
1000
(Ord. 92 -096, 1992; Ord. 92 -094, 1992; Ord. 86 -42, 1986).
20.42.253 Minimum lot width and depth.
Width at Street Line
Minimum Mean Depth
Conventional Cluster
5350
-7&�
15 3 5 9
1000
*300 on a cul -de -sac only
Width at Building Line
Minimum Mean Depth
Conventional Cluster _xe pt _'._c`_r
2700
8QG0
1000
Page 12
(Ord. 92 -096, 1992; Ord. 92 -094, 1992; Ord. 86 -42, 1986).
20.42.309 Let elustering and reserve tract.
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Page 13
r
d. it may be retained by the subdivider-, ............
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(5) The abeve stated requir-engents on paragraphs (2) through (4) shall be
reeer-ded as a deed restFoetien at the time ef filing the final plat er sheFt plat and
reeard. The deed r-estrietien may be amended by FAutual agreement between
1
(Ord. 9R 096 19922 nr
��v �Trri! -vrdr-92 '-1094 , , Ord. 86 42,
20.42.330 Planned unit development.
Deleted by Ord. 96 -056. (Ord. 92 -094, 1992; Ord. 86 -42, 1986).
20.42.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback
Requirements). Building setbacks for parcels of less than five nominal acres shall
be administered pursuant to WCC 20.80.256(4). (Ord. 2003 -029 § 1 (Att. A § 2),
2003; Ord. 99 -0080, 1999; Ord. 99-0058; Ord. 92 -094, 1992; Ord. 86 -42,
1986).
20.42.400 Height limitations.
No residential structures or buildings accessory thereto with the exception of
barns and silos shall exceed a height of 35 feet. (Ord. 92 -094, 1992).
20.42.450 Lot coverage.
Page 14
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(5) The abeve stated requir-engents on paragraphs (2) through (4) shall be
reeer-ded as a deed restFoetien at the time ef filing the final plat er sheFt plat and
reeard. The deed r-estrietien may be amended by FAutual agreement between
1
(Ord. 9R 096 19922 nr
��v �Trri! -vrdr-92 '-1094 , , Ord. 86 42,
20.42.330 Planned unit development.
Deleted by Ord. 96 -056. (Ord. 92 -094, 1992; Ord. 86 -42, 1986).
20.42.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback
Requirements). Building setbacks for parcels of less than five nominal acres shall
be administered pursuant to WCC 20.80.256(4). (Ord. 2003 -029 § 1 (Att. A § 2),
2003; Ord. 99 -0080, 1999; Ord. 99-0058; Ord. 92 -094, 1992; Ord. 86 -42,
1986).
20.42.400 Height limitations.
No residential structures or buildings accessory thereto with the exception of
barns and silos shall exceed a height of 35 feet. (Ord. 92 -094, 1992).
20.42.450 Lot coverage.
Page 14
No more than 20 percent of the lot area shall be permanently altered or
removed from production of forest products, excluding natural meadows, bogs,
surface water and rock outcrops, unless authorized as a conditional use; of
unless the lot issEreated thmugh the elustef+r+g- p. . .F WGG 20.42.399 Or
the planned unit development provision of Chapter 20.85 WCC, in which case, no
structure or combination of structures, including accessory buildings, shall
occupy or cover more than 35 percent Of the lot. (Ord. 92 -094, 1992; Ord. 86-
42, 1986).
20.42.550 Reforestation area.
Upon completion of forest harvest operations, the highest priority for
reforestation shall be given to that land within 100 feet of another zone district.
Reforestation shall utilize seedlings or whips and shall be consistent with the
Forest Practice Act of 1974, as amended. (Ord. 92 -094, 1992; Ord. 86 -42,
1986).
20.42.650 Development criteria.
(Ord. 96 -056 Att. A § Al, 1996).
20.42.651 Plat language for proposed subdivisions.
When a proposed subdivision, binding site plan, short subdivision or exempt
land division will be located adjacent to or across a right -of -way from an existing
Forestry District, the developer and any subsequent purchasers or successors in
interest shall agree to refrain from any legal action to restrain or collect damages
from the owners of such adjacent properties, or from Whatcom County, arising
out of any reasonable and lawful activity on said forestry lands which occurs in
the normal course of their established use. The agreement shall appear as a
covenant or deed restriction upon the plat, tract or instrument of conveyance and
shall run with the land. (Ord. 99 -058, 1999; Ord. 92 -015, 1992; Ord. 87 -12,
1987; Ord. 87 -11, 1987).
20.42.652 Use of natural resources.
All discretionary project permits for land on or within one -half mile of the area
designated as Agriculture, Rural, Commercial Forestry or Rural Forestry or within
300 feet of an area designated as Mineral Resource Lands in the Whatcom
County Comprehensive Plan, or upon which farm operations are being conducted,
shall be subject to the right to farm, right to practice forestry and mineral land
disclosure policies contained in WCC Title 14, Use of Natural Resources. (Ord. 98-
083 Exh. A § 48, 1998; Ord. 96 -056 Att. A § A2, 1996; Ord. 92 -094, 1992; Ord.
92 -015, 1992).
20.42.653 Landscaping.
Refer to WCC 20.80.300 for landscaping requirements. (Ord. 92 -094, 1992;
Ord. 89 -117, 1989).
20.42.654 Parking requirements.
Parking shall conform to the requirements of WCC 20.80.500. However,
recreation vehicles and boat parking and storage shall be limited to side and rear
yards. (Ord. 92 -094, 1992).
20.42.655 Livestock regulations.
The keeping of livestock shall be administered pursuant to WCC 20.80.800
(Supplementary Requirements). (Ord. 92 -094, 1992).
20.42.656 Domestic water supplies.
Page 15
Domestic water supply sources shall not be located within 100 feet of the
property boundary or on an adjacent property without written consent of the
adjacent property owner. (Ord. 92 -094, 1992; Ord. 86 -42, 1986).
20.42.657 Drainage.
All development activity within Whatcom County shall be subject to the
stormwater management provisions of the Whatcom County Development
Standards unless specifically exempted.
No project permit shall be issued prior to meeting submittal requirements
relating to stormwater management in the appropriate chapters of the Whatcom
County Development Standards. (Ord. 96 -056 Att. A § A2, 1996; Ord. 94 -022,
1994).
20.42.900 Conditional use permit criteria.
.901 The conditional uses listed in WCC 20.42.150 shall be subject to the
following Forestry conditional use criteria. Said criteria listed in WCC 20.42.902
shall supersede the criteria listed in WCC 20.84.220.
.902 Before approving an application for a conditional use permit, the hearing
examiner shall ensure that any specific standards of the use district defining the
conditional use are fulfilled and shall find adequate evidence showing that the
proposed conditional use at the proposed location will:
(1) Be in accordance with all applicable local and state laws, standards and
regulations;
(2) Be reasonably compatible with the surrounding environment and with the
policies of the Whatcom County Comprehensive Plan;
(3) Not generate traffic in excess of capacity of the public road system at
reasonable safety and service levels;
(4) Not create unreasonable demands for public expenditures to provide
services, facilities, or utilities beyond that which is normally required for
permitted uses in the Forestry District;
(5) Provide entrances to public roads or private roads open to public use in
accordance with applicable county or state standards;
(6) Provide reasonable sound and sight buffering so as not to detract from
normal use of surrounding property, public and private roads, and trails open to
public use;
(7) Be located a reasonable distance from areas of actual or potential natural
hazard;
(8) Not unreasonably contribute to actual or potential water quality or quantity
problems;
(9) Be designed to provide reasonable safety from fire hazard;
(10) Not unreasonably interfere with any territorial or otherwise significant
view from surrounding property and public roads;
(11) Not remove areas of native vegetation which protect shorelines and
streambanks from erosion, except as necessary for such uses as culverts,
bridges, boat ramps, recreation areas and stream bank stabilization projects;
and
(12) Include reasonable soil erosion plans necessary to prevent soil, organic debris and other
pollutants from entering streams, ponds, or lakes. (Ord. 92 -094, 1992).
Page 16