HomeMy WebLinkAboutord2006-061WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2006 -441
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
10117106
11/21/06
Introduction
Elizabeth K. Olsen
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Division Head:
12/5/06
P &D /Council
Dept, Head-
Hal H, Hari, 4.1.C,P.
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Proseculor:
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Royce Buckingham
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lS �i l 1i``a ! iv'•;v E3i; EJ l.J i.3 :�.I i
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Purchasing/Budget:
Executive:
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Peter Kremerr
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TITLE OF DO UME T.
To amend the Official Whatcom County Zoning Ordinance, Title 20, by clarifying existing code language,
eliminating conflict and duplication in the code language.
ATTACHMENTS:
(1) Draft Ordinance with Attachment "A"
(2) Agency Report with Attachment "A"
(3) Planning Commission Public Hearing Minutes for September 21, 2006
(4) Staff Report for September 21, '06, with Attachment "A':
SEPA review required? ( X ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes (X ) NO
SEPA review completed? ( X ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in tine required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of tine action.)
Amending the Official Whatcom County Zoning Ordinance, Title 20, various chapters. The amendments are designed
to clean up minor problems such as unnecessary duplications, conflict, lack of clarity and simple errors and generally
to update Title 20. None of these changes will result in more stringent regulatory language.
COMMITTEE ACTION:
COUNCIL ACTION.
11/21/2006: Introduced
12/5/2006: Amended and forwarded to Council
12/5/2006: Council Amended & Adopted 7 -0
for approval
Ord. 2006 -061
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
ZON2005 -00013
Number: Ord. 2006-061
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.
SPONSORED BY: Consent
PROPOSED BY: PDS
INTRODUCTION DATE: 11/21/2006
ORDINANCE NO. 2006 --061
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING CODE,
TITLE 20, TO CLARIFY EXISTING CODE LANGUAGE
WHEREAS, Regulatory reform is the act of clarifying existing code language by
eliminating conflict, duplication and scrivener's errors in code language; and
WHEREAS, Whatcom County Planning and Development Department staff developed a
list of changes to Title 20 to clarify existing code language; and
WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham
Herald on Sunday, September 10, 2006; and
WHEREAS, the Whatcom County SEPA Official issued a Determination of Non -
significance on November 2, 2006; and
WHEREAS, the Whatcom County Planning Commission held a public hearing and work
session addressing the proposed amendments on Thursday, September 21, 2006, and
considered all testimony; and
WHEREAS, the Whatcom County Planning Commission unanimously recommended
approval of the amendments; and
WHEREAS, the Whatcom County Council held a public meeting on December 5, 2006,
to consider these amendments and approved the Planning Commission's recommendations;
and
WHEREAS, the Whatcom County Council found the amendments in the best interest of
the public health, safety and welfare; and
WHEREAS, the County Council has adopted the following Findings of Fact and
Conclusions:
FINDINGS OF FACT AND REASONS FOR ACTION
1. The Whatcom County Zoning Ordinance, Title 20, currently includes language that is
duplicative and conflicting with other language.
2. A regulatory reform strategy has been developed that is designed to correct errors, improve
readability and efficiency in the Land Use Title 20 of the County Code.
3. The first step in the regulatory reform strategy is the "code scrub ", a general clean -up of
Title 20 for clarity in code language.
Page 1
4. The text changes will not result in more restrictive regulation.
5. There are no substantive policy issues involved in the proposed changes.
6. The minor text changes will clarify meaning by adding or deleting certain words in the
text.
7. The text changes will make language consistent with most current state statutes.
8. The text changes will make language consistent with subsequently adopted county
statutes.
9. The text changes will correct obvious flaws or errors in syntax that yield unreasonable
conclusions or interpretations.
CONCLUSION
The proposed code scrub changes are a necessary first step in Whatcom County's initiative to
improve readability and efficiency of the Whatcom County Code, Title 20.
NOW, THEREFORE, BE IT ORDAINEDby the Whatcom County Council that:
Section 1. The Official Whatcom County Code, Title 20, be amended as indicated in Attachment
"A ", Regulatory Reform: Proposed Code Scrub Amendments.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
Ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof
other than the part so declared to be invalid.
ADOPTED this 5
• O �
AT ~ CL (:CU •
day of December , 2006.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
DanAPrown:,l7!t 6JR9rark of k8b Council
APPROl�dl}�p1 Aoril�'�'*,,`
Ro indham,-EivJTDeputy Prosecutor
Page 2
r:il �� -Itl�
Laurie Caskey tchreiber, Chairperson
(
Approved ( ) Denied
oe
Pete Kremen, Executive
Date:
December 12, 2006
CODE SCRUB AMENDMENTS
"ATTACHMENT A"
1) 20.97.329 Public sewer system
"Public sewer system' means, for land use planning purposes, a system intended to
dispose of sewage meeting the definition of WAC 246 - 272 - 01001: 248 96 020(
a sewerage system which is owned or operated by a city, town, municipal
corporation, county, ^^litinal subdivision of the state or other approved ownership
consisting of a collection system and necessary trunks,
pumping facilities and a means of final treatment and disposal, and approved �y or
under permit from the Department of Ecology, the Department of Health, and/or a
local health officer. (Ord. 86 -29, 1986).
2) 20.80.345 Buffering Plantings
Buffers are required when the use — isaajaveRt -te aFesideRtia' OF rural ZGRe OF
aRatheF use Of GUWaRfially di#eFent GhaFaGteF wheFe thermos a demenstFable
nnnflint in „°°. the proposed use is in a commercial or industrial zone and is directly
adjacent to and shares a common boundary with property in a rural or residential
zone. They are normally 25 feet wide unless otherwise speonfied. approved by the
administrator upon receipt of a detailed planting plan prepared by a landscape
architect or qualified landscape designer. BufferjM plantings are intended to provide
an all season selid baFFierte totally sEpaFate ins^^,,,patible;ses visual screen
between commercial or industrial uses on one side, and rural or residential uses on
the other side. OF tePR?tes+ adjacent r^adways fom unsightliness or Yi
distfastiefl- Landscape buffers may be required on road frontages as a condition of
development for commercial or industrial development that includes outside storage
of materials, outside parking of equipment or vehicles other than vehicles for sale on
the site, and similar uses that can be a visual distraction or unsightly to persons on
the public right -of -way. Plant materials wrhiC:h that have minimal irrigation needs,
and are native or have a demonstrated suitability for Whatcom County are required.
Twenty -five -foot planted buffers shall, at a minimum, consist of two offset rows of
nredeminat °'., predominantly coniferous trees at an average spacing of 15 feet
triangulated on center or an equivalent effect. Some deciduous trees shall be
included and shrubs may be interspersed to provide interlocking root structures to
reduce wiadfalt windthrow. in addition a 60lid car °en fenne or wall not less than civ
feet nor rnnre than seven feat high OF a chr,,hhenr careen which w.11 he at least fire
i
f h anri . vide % erse �t roy n e hin three v °arc shall . nrnyi'ted
feet �l'�Il"IZTIT
Fifty -foot planted buffers will require four rows of trees in the same triangulated
pattern as required in twentyfive foot buffers. Existing natural buffers are
encouraged but may need additional width or be augmented with additional
landscaping or fencing to provide the required sight barrier.
The buffer requirements for the l lrhan Residential Medium Density Neighborhood
Commercial zone when abutting the Urban Residential Medium Density zone aad
December 42, 2006
the Neighbefheesl— Gemmemial —ze;,e (except as otherwise provided in WCC
20.60.552) can be met with a fe^ ^e or wall Fequired • boye and FGw of tree
similar tO plantings FegUiFed alGRg Fights of_5a ay six foot high sight - obscuring fence
or a dense hedge of sight- obscuring plantings.
This amendment is referred to in the code sections of:
Neighborhood Commercial: 20.60.552 Buffer Area
Small Town Commercial: 20.61.600 Buffer Area
General Commercial: 20.62.550 Buffer Area
Tourist Commercial: 20.63.550 Buffer Area
Resort Commercial: 20.64.550 Buffer Area
Gateway Industrial: 20.65.550 Buffer Area
Light Impact Industrial: 20.66.551 Buffer Area
General Manufacturing: 20.67.551 Buffer Area
Heavy Impact Industrial: 20.68.552 Buffer Area
3) 20.84.260 Date of Expiration.
Applications for Conditional Use Permits, Variances, Expansions of Nonconforming
Uses, Administrative Approvals, and any other permits provided for in this Chapter
shall expire one (1) year after filing of the application if the applicant does not
pursue completion of the appropriate process within that time by failing to take any
action on the application.
Such applications that are presently beyond the one -near anniversary of their filing
date will be provided official notice by return receipt mail from the County that they
have six months (6) from the date of the receipt of said notice to pursue completion
of their application. If they do not complete the actions as indicated on the notice
within the specified 6 -month period, the application will expire.
The hearing examiner shall have the authority to fix a date of expiration of any or all
approval, or conditions attached thereto, of conditional use permits, variances or
expansions of nonconforming uses.
4) 20.04.031 Vesting of Permits
(1) Project Permits Defined. For the purpose of this section, "project permit" and
"project permit application" shall be as defined in RCW 36.70B.020:
Any land use or environmental permit or license required from a local government for
a project action, including but not limited to building permits, subdivisions, binding site
December 12, 2006
plans, planned unit development permits, site plan review, permits or approvals
required by critical areas ordinances, site specific rezones authorized by a
comprehensive plan or subarea plan, but excluding the adoption or amendment of a
comprehensive plan, subarea plan, or development regulations except as otherwise
specifically included in this subsection.
(2) Project Permits Approved Prior to Effective Date.
(a) Project permits which have been approved by Whatcom County on or
before the effective date of the ordinance codified in this section are hereby deemed
to be vested under the zoning and land use regulations in effect at the time of the
complete application therefor.
(b) Future building permits that may be required to construct or complete the
project as originally approved shall be subject to the building codes in place at the
time of the building permit application.
(3) Project Permit Applications Submitted After the Effective Date.
(a) Project permit applications submitted after the effective date of the
ordinance codified in this section shall be vested under the zoning and land use
regulations in effect at the time of application; provided, that the county has not
subsequently notified the applicant that the application is incomplete.
(b) If the county has notified the applicant that the application is incomplete,
the application shall not be deemed vested until the date the county notifies the
applicant that the application is complete.
(c) Until the county implements RCW 36.70B.070, the county shall make the
determination of completeness in accordance with its existing policy. Once the
provisions of RCW 36.70B.070 regarding completeness are implemented, such
provision shall govern the determination of a complete application.
(d) Future building permits that may be required to construct or complete the
project as originally approved shall be subject to the building codes in place at the
time of the building permit application.
(4) Project Permit Applications Submitted Prior to the Effective Date, But Which
Have Not Received Final Approval on or Before the Effective Date.
(a) Project permit applications submitted prior to the effective date of the
ordinance codified in this section but which have not received final approval on or
before the effective date of the ordinance codified in this section shall be deemed
vested under the zoning and land use regulations in effect at the time the county
accepted payment of an application fee; provided, that the county has not
subsequently notified the applicant that the application is incomplete.
(b) If the county has notified the applicant that the application is incomplete,
the application shall not be deemed vested until the date the county notifies the
applicant that the application is complete.
(c) Future building permits that may be required to construct or complete the
project as originally approved shall be subject to the building codes in place at the
time of the building permit application.
(5) Additional Provisions.
December 12, 2006
(a) Nothing herein shall restrict the county's authority to impose conditions on
project permits pursuant to the State Environmental Policy Act (SEPA), Chapter
43.21 C RCW and WAC 197 -11 -600.
(b) Nothing heFein shall be_eenstri, rvcrwced ttO FestF'Gl the - bounty's a��ity, to the
rear �� - ro--mc
evtent othenwice no mitted by law, to apply neW reg nations fn a nrnier_.t Permit nr
i i n
prejeGt pe �� .�
it n upon a finding that a nhnne in 6enditie Rs Greatees a--[
seFiie s threat to the p iblin health and safety. (Orr/ 96 011).
(b) Project permit applications for development of lots created by the Short
Plat process shall comply with all development regulations, including but not limited
to Critical Areas Ordinance, impervious surface restrictions, environmental work
closure periods, and all other applicable code standards.
5) 20.97.171 Habitable Space or Habitable Room
"Habitable Space or Habitable Room" means any space or room within a structure
that is being used for living, sleeping, cooking or dining purposes.
6) 20.97.105 Dwelling unit.
"Dwelling unit" means a hu ildinn OF Portion of a building or mod filar roman -dant�ireri
housing that in rennet ' nr installed a ne an t f n in and
rrvcrurrTg -1� F�Ft- srrcrr- iv�m -rvcFH b�e�- �r- Rnarwnc�'Bri -ar pL.FRiarTEi�r- r9�#F}� crtrcR�rry
designed fnr long _ term h, Imam hahitatinn whinh has fa Gilities fnr reeking eating
sleeping, telleentlnrentrnom - and for lice by on gamily (iRGIu-7ing Fesid,.,ent
tlVmeSt, G empinlayes .'tCtiti-- Flees not innl� Brie tenth, Gai�e�reGF a'titl�T
yenisles'� tFavel tFaileps. single residential structure providing complete
independent livina facilities for one or more persons, including permanent provisions
and fixtures for living, sleeping, eating and sanitation. (Ord. 87 -12, 1987; Ord. 87-
11, 1987).
7) Clarification of Whatcom County Code `Location of Detached Accessory
Dwelling Units to Single Family- Dwellings'.
20.--- .132,133(10), (11) or (12)
"Detached accessory dwelling units shall be located so as to minimize visual impact
to the public right -of -wav and to adiacent properties. Location in immediate Droximitv
to the primary residence is preferred. Location closer to property lines than to the
Primary residence may be considered by the administrator when such location
serves the goal of reducing overall visual impact to public right-of-way and adiacent
properties, and such location still meets the setback requirements as stated in WCC
20.80. nlneer to the grim an Ll R4 than to any adjoining property line unless site
r•onstraints .re Innntinn nlncer to the_nronerty line if an aGGessory Unit fie Ionat8d
GInter to an ar anent pmperty line than to the nrirnany dwelling nr within 50 feet of
an adjoining nronerty, the annlinant must nroyirle- a__statement of nonQbjentionfrom
To minimize environmental and visual impact the
applicant may be reauired to provide fencing and/or planting to must screen the unit
from public right-of-way and adiacent properties. temmnimixp ;" ...
"this amendment is referred to in the code sections of:
December 12, 2006
Urban Residential 20.20.132(12)
Urban Residential Medium Density 20.22.132(12)
Urban Residential Mixed 20.24.133(11)
Residential Rural 20.32.132(12)
Residential Island 20.34.132(12)
Rural 20.36.132(12)
Point Roberts Transitional District 20.37.132(l 1)
Agriculture 20.40.132(10)
Rural Forestry 20.42.132(12)
Resort Commercial 20.64.132(12)