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Home My WebLink Aboutord2004-021WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB200t4060 CLEARANCES Initial Date Dme Keceivedin Council0 gee A end¢Dare Assi tied m: Originator: Sylvia Goodwin .t Ir F—�{ 2 �., • , S ]AN 0 5 2004 'N HA'rCOM COUNTY COUNCIL I -73 -04 Introduction Darsionl/ead: Splvm Goodwin �I� -113 1/27/04 P & D / Council Depc Head: Hal Han a� Prosecutor : Karen Frakes Purchasing/Budgea / o / Frecuove. PereKremm /-5 -�` SUBJECT: Ordinance adopting amendments fa the Whateom County Zoning Ordinance (Title 20) Chapter 20.22 (URA) and 20.24 ( URMX). ATTACHMENTS: (7) Proposed ordinance reflecting the Planning Commission's recommendations (2) Planning Commission Findings offact & Reasons forAction, Conclusions, and Recommendations (3) Planning Commission minutes None: Background materials are available for review of the Court Council rce. SEPA review required? ( x ) Yes is ) NO SEPA review completed? ( x )Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( z) NO Requested Date: e A hearing must be held Council changes the Planning Commission recommendation in 20.10.11¢. SUMMARY STATEMENT: Amend the Whatcom County Zoning Ordinance (Title 20) Chapter 20.22 (URM) text; and Chapter 20.24 (URMX) text to provide for a minimum density in URM, to establish a URM -24 maximum density, to correct deficiencies in the URMX zone, to facilitate the TDR program and to require Bellingham's development standards in the Bellingham Urban Growth Area. Distribution Request Indicate mmmle rhosewho,hoald receive¢ copy after Council argon. ephee who sh should deco ADS Facilities Management ADS Fsnance ADS Human Resourees ADSInjo Services Assessor Keith Willnauer Auditor Cooperative Extension District Coun glignscustive Health Hearinglisaminer Jail COUNCIL ACTION TAKEN.- 2004- 60 1/1312004. Introduced 112712004'. Held by Council to 2110104 3/9/2004: Adopted 6 -0, Nelson absent, Ord. #2004-021 Re Related File Numbers: AB2003- AB2003- Juvenile Parks Planning Hal Hart Prosecutor Public Works Sheriff Superior Court Treasurer Ocher Ordinance or Resolution umber (this item): np� r ll//�� :O Planning DniNOnAUFSA 2003T'UAM2003 Plan and done text changedocTinal VarslensVCMP2003 -00003 Urban Fringe Zone'I ext- AB .doo )2/)82003 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 1/13/04 ORDINANCE # 2004 -021 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.22, URBAN RESIDENTIAL MEDIUM DENSITY (URM) DISTRICT AND CHAPTER 20.24 URBAN RESIDENTIAL MIXED (URMX) DISTRICT WHEREAS, The Growth Management Act requires counties and cities to review and, if needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW 36.70A.130); and WHEREAS, Amendments to the Urban Fringe Subarea Plan which affect the City of Bellingham's Urban Growth Area are reviewed jointly by Whatcom County and the City of Bellingham; and WHEREAS, Legal notice was published in the Bellingham Herald on October 30, 2003; and WHEREAS, The City of Bellingham and Whatcom County Planning Commissions held a joint public hearing on the proposal on November 13, 2003 and a joint work session on November 20, 2003; and WHEREAS, The Planning Commission has evaluated the proposed amendments and made minor modifications; and WHEREAS, The County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Notice of the Planning Commission hearing for the subject amendments was published in the Bellingham Herald on October 30, 2003. 2. The City of Bellingham and Whatcom County Planning Commissions held ajoint public hearing on the subject amendments on November 13, 2003 and a work session on November 20,2003. C:D utnetts and SettingsNdmivistrar esk p \CMP2003-00003 (Urban Fringe Subarea - (Tone text) - Draft ORDdoc P.1 3. A determination of non - significance (DNS) was issued on November 11, 2003, under the State Environmental Policy Act (SEPA). 4. Population and land supply studies conducted by the City of Bellingham and Whatcom County indicate a shortage of residential capacity within the City of Bellingham and Urban Growth Area to meet the projected demand for housing. 5. The proposed amendments will facilitate increased density within portions of the existing Bellingham Urban Growth Area where public services and utilities are available. 6. The proposed amendments will provide additional incentive to encourage the transfer of development rights from the Lake Whatcom Watershed to the City of Bellingham's Urban Growth Area. CONCLUSIONS The subject amendments are consistent with the Growth Management Act, County Wide Planning Policies, and the Whatcom County Comprehensive Plan. 2. The subject amendments are based upon further study and evaluation of the projected population growth in Whatcom County and available land supply within the City of Bellingham Urban Growth Area. Therefore, the proposed amendments are consistent with the RCW 36.70.410, which requires that Comprehensive Plan amendments must be based upon further study or changed conditions. 3. The subject amendments comply with the approval criteria for comprehensive plan amendments of WCC 20.10.080. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20, Chapter 20.22 Urban Residential — Medium density (URM) district is hereby amended as shown in Exhibit A, and; The Official Whatcom County Zoning Ordinance, Title 20, Chapter 20.24, Urban Residential — Mixed (URMX) district is hereby amended as shown in Exhibit B. 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 q day of mnrc , , 2004 C:�mua SeningsWdminiso-w\Dektn OCMP2003 -00003(Urb Fringe Subarea- (&netet) -D Om.d P.2 c o vti ATTEST: •XWCp , f I=.1 u•' r APPROVED as to form: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Chairperson proved () Denied Pete Kremen, Executive Date: 3 1�- CdDo mN and Sctt6pWmini"wdDmkmpTMP2003 -00003 Nr� CMBe Subwm -(Z et t)- DmftORD.d R3 File # CMP2003 -00003 Chapter 20.22 URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT Sections: Bellingham Urban Fringe Subarea Plan- Bellingham Purpose. UGA Proposed Ordinance Exhibit A 1:@ Planning Division \UFSA 2003 \PLAN \2003 Plan and zone text changes.doc \Revised URM Tex[ Ord Exh A.doc Chapter 20.22 URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT Sections: 20.22.010 Purpose. 20.22.020 Applicability.' 20.22.050 Permitted uses. 20.22.100 Accessory uses. 20.22.130 Administrative approval uses. 20.22.150 Conditional uses. 20.22.200 Prohibited uses. 20.22.250 Maximum /Minimum density, minimum lot size and width. 20.22.251 Minimum lot size. 20.22.252 Maximum /Minimum density and minimum lot size — General. 20.22.253 Maximum density and minimum lot size — Specific uses. 20.22.254 Minimum lot width and depth. ;4) 22 PC) :22 200 305 Lot GIUStering and-FeSeRne traGt. Lot . 20.22.310 on oo cluster Design standards. 20.22.350 320 Resp., P tract Building setbacks. 20.22.400 Height regulations. 20.22.450 Lot coverage. 20.22.500 Open space. 20.22.501 Multifamily dwellings. 20.22.502 Mobile home parks. 20.22.550 Buffer area. 20.22.600 Sign regulations. 20.22.650 Development criteria. 20.22.651 Facility design. 20.22.652 Landscaping. 20.22.653 Parking requirements. 20.22.654 Sidewalks. 20.22.655 Drainage. 20.22.656 Driveways. 20.22.657 Access and roadways. 20.22.658 Lighting. 20.22.659 Binding site plan. 20.22.660 Development criteria. 20.22.661 Plat language for proposed subdivisions. 20.22.662 Use of natural resources. 20.22.663 Garbage facilities. 20.22.665 Bellingham Urban Growth Area 20.22.669 Transfer of residential development rights 20.22.700 Performance standards. 1:@ Planning Division \UFSA 2003 \PLAN \2003 Plan and zone text changes.doc \Revised URM Tex[ Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A 20.22.010 Purpose. To provide for a supply of land in areas planned for urban residential purposes that will accommodate the county's need for medium and higher density and compatible nonresidential areas as identified in the appropriate subarea Comprehensive Plan. Since Urban Residential Medium Density areas may be adjacent to other land uses, compatibility among adjacent uses shall be accomplished through responsible design and development considerations of this district. (Ord. 98 -083 Exh. A § 16, 1998). 20.22.020 Applicability. (1) In short term planning areas, this chapter shall be fully applicable. (2) Outside short term planning areas, this chapter shall be applicable to single - family dwellings only. (Ord. 98 -083 Exh. A § 17, 1998). 20.22.050 Permitted uses. 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 (1) In short term planning areas only, single - family dwellings, duplexes, and multifamily dwellings consistent with the density requirements of the district; provided, that if the total number of dwelling units per lot is greater than four, the site plan shall be reviewed by the technical committee for consistency with the general development criteria of this district as set forth in WCC 20.22.650. Adequate right -of -way and street improvements may also be required so that adjacent public roadways will conform with the road standards section of the county development standards. In the Bellingham Urban Growth term planning areas, single - family dwellings only. .052 Deleted by Ord. 96 -056. .053 Noncommercial neighborhood parks and public recreation facilities. .054 Private, noncommercial boat docks when located on a man -made canal designed for boat traffic pursuant to the Whatcom County Shoreline Management Program. Id2 Planning Division \UFSA 2003 \PLAM2003 Plan and zone text changes.doc\Revised URM Text Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A .055 One storage building per lot; provided, that the storage building shall not exceed 120 square feet in floor area 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. .056 Adult family homes as defined in Chapter 70.128 RCW. .057 Family day care homes subject to the requirements of WCC 20.97.180 for home occupations. (Ord. 99 -068, 1999; Ord. 99 -062, 1999; Ord. 98 -083 Exh. A § 18, 1998; Ord. 96 -056 Aft. A § C1, 1996; Ord. 88 -40, 1988; Ord. 88 -29, 1988; Ord. 87 -12, 1987; Ord. 87 -11, 1987). 20.22.100 Accessory uses. 101 Home occupations pursuant to WCC 20.97.180. .102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. 103 Other accessory uses incidental to the primary permitted uses. .104 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. (Ord. 87 -23, 1987). 20.22.130 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. I:\2 Planning Division \UFSA 2003\PLAN 8003 Plan and zone text changes.doc \Revised URM Text Ord Exh A doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A 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. (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. (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. (S) 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 (WAG). 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; I:\2 Planning Division \UFSA 2001PIAN\2003 Plan and zone text changes.doc \Revised URM Text Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A (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; (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; (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; (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 financed or 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 five 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). ?2 Planning Division \UFSA 2003\PLAM2003 Plan and zone text changes.doc \Revised URM Text Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance Exhibit A .133 Mini -day care centers in a family dwelling. (Ord. 99 -068, 1999; Ord. 98 -018 § 1, 1998; Ord. 95 -031, 1995; Ord. 91 -009, 1991; Ord. 87 -12, 1987; Ord. 87- 11,1987). 20.22.150 Conditional uses. Items indicated by an " *" are not allowed outside short term planning areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public. .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses.* .152 Public schools; and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction.* .153 Churches, educational and religious training institutions, summer camps and cemeteries. .154 Retirement, boarding and convalescent homes; social and health rehabilitation centers; day care centers; mini -day care centers and adult care centers not in a family dwelling; and other health - related services consistent with the purpose of the district.* .155 Rooming houses, or bed and breakfast lodgings. .156 Mobile home parks. .157 Golf courses. .158 Private, noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program for owners of legal lots of record abutting the shoreline. The conditional use permit shall be approved if the hearing examiner finds that the proposal will not be hazardous or disturbing to neighbors and all applicable zoning requirements are satisfied. The criteria of WCC 20.84.220 shall not apply (Ord. 2003 -023; Ord. 99 -068, 1999; Ord. 98 -083 Exh. A § 19, 1998; Ord. 98 -018 § 1, 1998; Ord. 95 -031, 1995; Ord. 94 -002, 1994; Ord. 90 -41, 1990; Ord. 88-40, 1988; Ord. 88 -13, 1988; Ord. 87 -12, 1987; Ord. 87 -11, 1987; Ord. 86 -56, 1986). 20.22.200 Prohibited uses .201 All other uses. 112 Planning DiNsionW FSA 2003 PLAN @003 Plan and zone text changes.do6Revised URM Text Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Frinae Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A .202 Adult businesses. (Ord. 99 -070 § 2, 1999). 20.22.250 Maximum /minimum density, minimum lot size and width. 20.22.251 Minimum lot size. For the purpose of creating new building lots within the Urban Residential Medium Density district, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the mpth ^a ^a et-eiAad+vision, as well as whether or not public sewer and water serve the project site and whether or not transferable development rights are used. Where c ..,v^ e GORYPnWral MAthAd is use to oma'a Ins-11 The minimum lot size shall be five acres or, if public sewer and water are provided the minimum lot size shall be 7,200 square feet. 1.4here the lot cluster Auhdivisien nrethnd is ava !able, the man mum let Ai7p, ; based on 11trlen.. rim�nl o R regulat ans fGF BR s te septic d sposal, but shall not be legs than th2t shown below. (Ord. 87 -12, 1987; Ord. 87 -11, 1987). ?2 Planning DMsion UFSA 2003TLANQ003 Plan and zone text changes.dodRevised URM Text Ord Exh A.doc File # CMP2003 -00003 Gross Minimum Lot Size PAR. Reserve Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A 20.22.252 Maximum /minimum density and minimum lot size - General. (1) Gross Minimum Lot Size PAR. Reserve District Density GGRVEMUGnal Cluster Are is{ URM: all densities without 1 dwelling public sewer and water unit/5 acres 5 acres 1 - -acre 55% URM: all densities outside 1 dwelling short term planning areas unit/5 acres 5 acres 1-acre 55°k URM: all densities with 1 dwelling a 5,g00 public sewer or water unit/5 acres 5 acres sq fl: 75°k URM -6: with public sewer and water, and stormwater 6 dwelling collection and detention units /1 acre 71200 sq. ft. N/A PIA facilities URM -12: with public sewer and water, and stormwater 12 dwelling collection and detention units /acre 7,200 sq. ft. N!A P1FA facilities URM -18: with public sewer and water, and stormwater 18 dwelling collection and detention units /acre 7,200 sq. ft. N/A PIA facilities URM -24: with public sewer Minimum net and water, stormwater density: 10 dwelling collection and detention facilities and transferable units /acre. Maximum N/A development rights pursuant to the provisions density: 24 dwelling units /gross of WCC 20.89 and section 4 below. acre (2) Where the Whatcom County Comprehensive Plan policies call for restricting densities and allow for the transfer of densities and where the provisions of Chapter 20.89 WCC are met, then the maximum allowable density shall be equal to that established by the Comprehensive Plan; provided, that public sewer and water is -are available. 1: 2 Planning DivisionUFSA 20UPLAM2003 Plan and zone text changes.doc \Revised URM Text Ord Exh A.doc File # CMP2003 -00003 TDR Base Density Transfer of Development Minimum Allowed Density District Bellingham Urban Fringe Subarea Plan- Bellingham Rlahts (1 TDR = 3 Dwelling Units per UGA Proposed Ordinance: Exhibit A Em (Ord. 98 -083 Exh. A § 20, 1998; Ord. 89 -92, 1989; Ord. 84 -38, 1984). 20.22.253 Maximum density and minimum lot size — Specific uses. (1) Multifamily residential uses as provided in WCC 20.22.050 shall have a minimum parcel size equal to the gross density of the zone; provided, that under no circumstance shall the minimum parcel size be less than 8,000 square feet. (2) Mobile home parks shall have a density equal to that established by the zone district with a maximum density of seven units per acre and a minimum net parcel size of two acres. (Ord. 88 -29, 1988). 20.22.254 Minimum lot width and depth. TDR Base Density Transfer of Development Minimum Allowed Density District Mean Rlahts (1 TDR = 3 Dwelling Units per (Range from 10 to 24 Dwelling Units per Acre) Acre 4 dwelling units /acre 2 TDRs 10 dwelling units /acre sewer and water and 4 dwelling units /acre 3 TDRs 13 dwelling units /acre 0' 4 dwelling units/acre 4 TDRs 16 dwelling units /acre 39N /A 30' 4 dwelling unitslacre 5 TDRs 19 dwelling units /acre 4 dwelling units /acre 6 TDRs 22 dwellina units /acre (Ord. 98 -083 Exh. A § 20, 1998; Ord. 89 -92, 1989; Ord. 84 -38, 1984). 20.22.253 Maximum density and minimum lot size — Specific uses. (1) Multifamily residential uses as provided in WCC 20.22.050 shall have a minimum parcel size equal to the gross density of the zone; provided, that under no circumstance shall the minimum parcel size be less than 8,000 square feet. (2) Mobile home parks shall have a density equal to that established by the zone district with a maximum density of seven units per acre and a minimum net parcel size of two acres. (Ord. 88 -29, 1988). 20.22.254 Minimum lot width and depth. IA2 Planning DivisionlUFSA 2003�PLAN1 003 Plan and zone text changes.doc \Revised URM Text Ord Exh A.doc Width at Street Line Width at Minimum District Mean 6onventional Cluster Bldg. Line Depth URM: all districts without public sewer and water and transferable development rights 300' 7-0 * 80' 0' TDRs URM: with public sewer and water and transferable 39N /A 30' 7&N/A WN /A development rights (TDRs) '30' on a cul -de -sac only IA2 Planning DivisionlUFSA 2003�PLAN1 003 Plan and zone text changes.doc \Revised URM Text Ord Exh A.doc File # . - 0. .... Ordinance: Bellin.cilharn Urban Fringe Subarea Plan- Bellingham UGA Proposed ffigImittlir _ te NINE pFesepvation of 1. __ Urban peterltial trail and sc;Featic�. 20.22.310 Design standards. The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards, except that in the Bellingham . of . . development standards and quidelines shall be applied: (21) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (32) Where practical, the majority of building sites should be arranged in a cluster o concentrated pattern to be compatible with physical site features, a4ew _- have no more than two common encroachments on existing county roads. The arrangement of G"tered-concentrated building lots is intended to discourage development forms comm—n—ly known as linear straight-line or highway strip length niter or strpe-*-- des gned-to-allew For -- on, - - - - - -- - - Gart-G�be4 10 112 Planning DivisioNUFSA 2003\PI ANA 003 Plan and zone text changes.doc \Revised URM Text Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance Exhibit A ! a S •- _S- 0- _.. ._ _. j101F@ffi . . a. .. ..- a mutual aff8ement b8tWeeR sa a parties after Pd RaRGe •_ •_ s _ a •• •• _ ••._ •�_ ••• •a• •• 20.22.350 Building setbacks. Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback ._• 20.22.400 Height regulations. Maximum height shall be limited to 4OA5 feet. Height of structures shall also conform, applicable, to the generial—r-equirements of 1 :1 • • 85-70, • 20.22.450 Lot coverage. 11 I:\2 Planning Division \UFSA 2001PI AM2003 Plan and zone text changes.doc \Revised URM Text Ord Exh A.doc File # CMP2003 -00003 Bellinaham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A No structure or combination of structures, including accessory buildings, shall occupy or cover more than 2,500 square feet or 35 percent, whichever is greater of the total area. (Ord. 88 -29, 1988). 20.22.500 Open space. 20.22.501 Multifamily dwellings. Multifamily dwellings shall maintain a minimum of 20 percent of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. (Ord. 2001 -024 § 1, 2001; Ord. 87 -12, 1987; Ord. 87 -11, 1987). 20.22.502 Mobile home parks. Mobile home parks shall maintain a minimum of 40 percent of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. (Ord. 2003 -029 § 1 (Att. A § 12), 2003; Ord. 87 -12, 1987; Ord. 87 -11, 1987; Ord. 84 -38, 1984). 20.22.550 Buffer area. When parcels situated in this district adjoin an Urban Residential, Residential Rural or Rural District, and are developed for uses other than single - family dwellings or duplexes, any side or rear yard contiguous to those districts shall have their setbacks increased to 25 feet. Said area is to be landscaped consistent with the requirements of WCC 20.80.345. (Ord. 89 -117, 1989). 20.22.600 Sign regulations. Sign regulations shall be administered pursuant to WCC 20.80.400. 20.22.650 Development criteria. The requirements of WCC 20.22.651, 20.22.652, 20.22.653 and 20.22.654 do not apply to single - family or duplex residences. (Ord. 96 -056 Att. A § Al, 1996). 20.22.651 Facilitv desian. below). (42) All Developments: Each development shall screen roof mechanical equipment so as not to be visible by surrounding uses or roads. (23) Conditional Uses: All conditional uses provided by WCC 20.22.150 shall be designed consistent with the scale of a project, to: (a) Consider solar access and wind exposure; (b) Provide coordinated landscape and architectural designs; (c) Provide integrated circulation for pedestrians, vehicles and bicycles; 12 C\2 Planning Division \UFSA 2003\PI AM2003 Plan and zone text changes.doc \Revised URM TeA Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A (d) Provide integrated circulation that complements the architectural design of the project, considers adjoining land use activities and meets adopted county standards; (e) Provide integrated street and land use with appropriate sized roadways to meet anticipated traffic demands; (f) Minimize ingress and egress points to arterials; (g) Utilize valuable or unique natural features as part of the site design; and (h) Accommodate physical constraints of a site. (34) Duplexes and Multifamily Dwellings: All duplexes and multifamily dwelling uses shall be designed, consistent with the scale of the project, to: (a) Encourage views from individual units towards parks, open space and other natural features; (b) Discourage views from individual units towards other dwelling units; (c) Implement Comprehensive Plan policies addressing view blockage; (d) Provide, regardless of the project's scale, adequate fire protection and acoustical privacy between dwellings to meet fire code requirements and "Sound Transmission Code' (STC) ratings found in Chapter 10 of "A Guide to Airborne, Impact, and Structure Borne Noise Control in Multi - Family Dwellings" by the U.S. Department of Housing and Urban Development; and (e) Consider off - street parking areas for boat and /or recreational vehicles in an amount sufficient to serve the anticipated needs of a development. (45) Nonresidential Development: All nonresidential development as provided by WCC 20.22.150 shall be designed, consistent with the scale of the project, to: (a) Orient open space areas of the development towards existing and proposed residential areas; (b) Encourage shared access and parking; (c) Orient land use activities requiring traffic flows or vehicular types heavier than for residential areas towards arterials or collectors and away from residential areas; and (d) Orient activity areas of a project involving lighting, noise or traffic away from residential areas. (56) Mixed Use Development: All projects containing both duplexes and multifamily dwellings and nonresidential developments as allowed by this chapter shall be designed, consistent with the scale of the project, to: (a) Orient nonresidential high traffic generators toward arterials and collectors; (b) Orient residential areas away from arterials and collectors unless the size of the residential area requires servicing by such a facility; (c) Permit commercial activities with similar architectural scale and design, and characteristics compatible with residential areas to be developed 13 112 Planning Division\UFSA 2003 \PLAN\20D3 Plan and zone text changes.doc\Revised URM Text Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance Exhibit A within residential areas. Such characteristics include amount and type of traffic, hours of operation, noise, lighting, odor and dust; (d) Provide an integrated sign design which would not visually intrude into residential areas due to size height and illumination; and (e) Provide pedestrian and bicycle pathways that link the residential and nonresidential development together. (Ord. 2001 -024 § 1, 2001; Ord. 98 -083 Exh. A § 66, 1998; Ord. 87 -12, 1987; Ord. 87 -11, 1987; Ord. 84 -38, 1984). 20.22.652 Landscaping. (1) In the Bellingham Urban Growth area the City of Bellingham's design and development standards and guidelines shall apply, (see WCC 20.22.665. below). (2) Refer to WCC 20.80.300 for landscaping requirements. (Ord. 89- 117, 1989). 20.22.653 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 yard areas. 20.22.654 Sidewalks. 1) In the Bellingham Urban Growth area the City of Bellingham's design and development standards and guidelines shall apply (see WCC 20.22.665, below). (2) Sidewalks shall be installed pursuant to the requirements of the county engineer. (LAII development activity within Whatcom County shall be subject to the stormwater management provisions of the Whatcom County Development Standards unless specifically exempted. (qJNo 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 Aft. A § A2, 1996; Ord. 94 -022). 20.22.656 Driveways (1) In the Bellingham Urban Growth area the City of Bellingham's design and development standards and guidelines shall apply, (see WCC 20 22 665 below). 14 I:\2 Planning DMsion \UFSA 2003\PLAN\2003 Plan and zone text changes.doc \Reined URM Text Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance Exhibit A (2)-Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county engineer or State Department of Highways. (Ord. 84 -38, 1984). 20.22.657 Access and roadways. (Access shall conform to the provisions of WCC 20.80.565. Roadways shall be provided pursuant to the requirements of the county engineer. (Ord. 87- 12, 1987; Ord. 87 -11, 1987). 20.22.658 Lighting. (1) In the Bellingham Urban Growth area the City of Bellingham's design and development standards and guidelines shall apply, (see WCC 20 22 665 below). aOutdoor lighting shall be provided to adequately illuminate on -site streets, parking and, where applicable, pedestrian walkways. Light shall comply with the requirements of the county engineer, and shall be sized and directed to avoid adverse impacts on adjacent properties. 20.22.659 Binding site plan. Should the use be developed as part of a binding site plan, it shall be administered pursuant to Title 21 of the Whatcom County Code (Subdivision Regulations) and additional requirements, as applicable. 20.22.660 Development criteria. (Ord. 96 -056 Att. A § Al, 1996). 20.22.661 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). 20.22.662 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 15 112 Planning DmsionW FSA 20MPLAN\2003 Plan and zone text changes.doc \Revised URM Text Ord Exh A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A mineral land disclosure policies contained in WCC Title 14, Use of Natural Resources. (Ord. 98 -083 Exh. A § 22, 1998; Ord. 96 -056 Att. A § A2, 1996; Ord. 92 -015, 1992; Ord. 87 -12, 1987; Ord. 87 -11, 1987). 20.22.663 Garbage facilities. Garbage disposal facilities shall be provided in accordance with applicable Whatcom County board of health rules and regulations, and subject to approval of the health department. 20.22.665 Bellingham Urban Growth Area The City of Bellingham's design and development standards and guidelines and impact fee ordinances shall apply to all development in development rights from the Lake Whatcom Watershed to achieve the requested density increase, based on the TDR ratios established in the Whatcom County Code. Zone Extension Agreements. watershed sending area. 20.22.700 Performance standards. The following provisions shall apply to all uses within this district: .701 There shall be no storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline in service stations. 16 IA2 Planning Division\UFSA 2003 \PLAN \2003 Plan and zone text changes.doc\Revised URM Text Ord Exh AAOc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit A .702 There shall be no production of noise at any property line of any use in this district in excess of the average intensity of street and traffic noise found in the district. .703 There shall be no emission dust, dirt, odors, smoke, or toxic gases and fumes. .704 There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated. (Ord. 82-58, 1982). 17 112 Planning Division\UFSA 2003 \PI AN\2003 Plan and zone text changes.doc\Remed URM Text Ord EM A.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance' Exhibit B Chapter 20.24 URBAN RESIDENTIAL MIXED (UR -MX) DISTRICT Sections: 20.24.010 Purpose. 20.24.012 Density transfer. 20.24.015 Applicability. 20.24.050 Permitted uses. 20.24. 100 Accessory uses. 20.24.130 Administrative approval uses. 20.24.150 Conditional uses. 20.24.200 Prohibited uses. 20.24.250 Maximum /minimum density, minimum lot size. 20.24.251 Minimum lot size. 20.24.252 Density and minimum lot size. 20.24.255 Density bonuses. an on any Lot cluster pg ne&4rt ..tang rds on on n 20.24.2:20 31 o. gep a tract Building setbacks. 20.24.350 20.24.400 Height regulations. 20.24.450 Lot coverage. 20.24.650 Development criteria. 20.24.651 Plat language for proposed subdivisions. 20.24.652 Use of natural resources. 20.24.653 Landssapag Bellingham Urban Growth Area. 20.24.654 Parking requirements. 20.24.655 Livestock regulations. 20.24.700 Transfer of residential development rights. 20.24.010 Purpose. It is the purpose of this zone district to provide an orderly transition from rural to urban development by limiting densities and uses until services are available and then to provide for mixed uses in a manner that encourages a range of densities and dwelling unit types and pedestrian access to convenience shopping and jobs while maintaining an overall single - family character and property values for the neighborhoods created within this district. This district is intended to implement the Comprehensive Plan policies for portions of the Bellingham urban growth area and other areas of the county suitable for mixed use development. In the Bellingham Urban Growth Area the City of Bellingham's design and development standards and guidelines shall apply. The district is intended to provide for affordable housing types such as apartments, townhouses, and condominiums. Residential development should be located within walking distance of transit stations, designated commercial centers, parks 6�2 Planning Division \OFSA 2003\PLAN\2003 Plan and zone text changes.doc Revised URMX Text Ord Exh Moo File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance Exhibit B and recreational areas and other employment centers where appropriate. (Ord. 2001 -023 § 1, 2001; Ord. 98 -083 Exh. A § 66, 1998; Ord. 97 -046 § 2, 1997). 20.24.012 Density transfer. This district serves as a zoning overlay for the purpose of designating a resipienf- zenerecieving area for transfer of development rights credits pursuant to Wcr ,' 20 AP 1194 and WGG- Chapter 20.89-.034-.WCC (Ord. 2001 -023 § 1, 2001; Ord. 97 -046 § 2, 1997). 20.24.015 Applicability. (1) In short term planning areas, this chapter shall be fully applicable. (2) Outside short term planning areas, outside urban growth areas, and outside small towns and crossroads commercial areas designated on the Comprehensive Plan map, this section shall be limited as noted below. (Ord. 2001 -023 § 1, 2001; Ord. 98 -083 Exh. A § 66, 1998; Ord. 97 -046 § 2, 1997). 20.24.050 Permitted uses. 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, Administrative Approval Uses and Appeals), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 One single - family dwelling per lot. .052 In short term planning areas only, single - family attached dwellings; provided, that public sewer, water and, where identified by the appropriate Comprehensive Plan policies, stormwater collection and detention facilities serve the site, not more than four units are attached, and the number of dwelling units conforms to the density requirements of the district. However, additional multifamily development shall not be allowed within the UR -MX zones identified on Map 3 of the Urban Fringe Subarea Comprehensive Plan. .053 Noncommercial neighborhood parks and public recreation facilities. .054 Private, noncommercial boat docks when located on a manmade canal designed for boat traffic pursuant to the Whatcom County Shoreline Management Program. .055 One storage building per lot; provided, that the storage building shall not exceed 120 square feet in floor area 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. .056 Adult family homes as defined in Chapter 70.128 RCW. 1 '.\2 Planning Division \UFSA 2003\PLAN\2003 Plan and zone text changes doc\Revised URMX Text Ord Exh B.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance Exhibit B .057 Family day care homes subject to the requirements of WCC 20.97.180 for home occupations. (Ord. 2001 -023 § 1, 2001; Ord. 99 -068, 1999; Ord. 99 -062, 1999; Ord. 98 -083 Exh. A § 66, 1998; Ord. 97 -046 § 2, 1997). 20.24.100 Accessory uses. 101 Home occupations pursuant to WCC 20.97.180. .102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. 103 Other accessory uses incidental to the primary permitted uses. .104 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. (Ord. 2001 -023 § 1, 2001; Ord. 97 -046 § 2, 1997). 20.24.130 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. 1 . 2 Planning Division\UFSA 2003 \PLAN\2003 Plan and zone text changes.docTevised URMX Text Ord Exh B.doc File # CNV2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance Exhibit B (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. (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 The fo'low ng uses may be appreved within. where the i.....,ronal n: ter a Holm on oe 13on)) and site oFite.., Holm 2,500 square feet; and the davaloP— has �4 - least one neighborhoigd C@ Planning Division \UFSA 2003\PLAN\2003 Plan and zone text changes.doc\Revised URMX Text Ord Exh Mee File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Prouosed Ordinance: Exhibit B ��r.. rs�m�crrrar_T r.. rrt >ra:cnTa�nafsrrrrtarr�mamTa�mn s' win EA2 Planning DivisioroUFSA 2003\PLAN\2003 Plan and zone text changes.doc\Revised URMX Text Ord Exh B.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan — Bellingham UGA Proposed Ordinance: Exhibit B Gharaate: of the surrounding,aFea. Signs may ap ", �II� A ed by an i eAeFnal 80 U FGe. * (1,) Use of shared paFk'ng areas is enseUFaged.: 'he minimum parking Fee lirement shall he hn nernent of the PaFkino requirements ir. 1 VGG 20.80.599. but shall in no rase exr+eed two thirds of the req uiremente• in WGG 0 .13243 Duplex and multifamily dwellings subject to the following limitations and the developer has conducted at least one neighborhood meeting prior to application for the purpose of hearing neighborhood concerns and suggestions regarding the proposal. Where being developed in an existing neighborhood characterized by residential development at densities of one dwelling per acre or greater, the uses listed in WCC 20.24.132 shall be administered as conditional uses rather than administrative approval uses; and are subject to the same criteria, requirements, bonuses and restrictions as if they were administrative approval uses: (1) Duplex and multifamily _ dwellings may Gnly he permitted on cites with -a. minimum area of two anrec (12) Duplex and multifamily dwelling units do not comprise more than 25 percent of the total dwelling unites allowed for the entire site. (23) Duplex and multifamily dwelling are constructed at the same time as, or after, at least 50 percent of the single - family units in the approved development. (34) Additional multifamily development shall not be allowed within the UR -MX zones identified on Map 3, Bennett Drive Residential Area of the Urban Fringe Subarea Comprehensive Plan. (45) Multifamily dwellings are prohibited in Area 1 and Area 4 on Map 3, Bennett Drive Residential Area, Urban Fringe Subarea Land Use Plan. .1334 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 1:12Planning Division\UFSA 20031PLAN12003 Plan and zone text changes.doclRevised URMX Text Ord Exh B.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance Exhibit B (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; (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; (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; (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) 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; (11) 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; (12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and compliance with Washington Administrative Code (WAC). .1345 Mini -day care centers in a family dwelling. (Ord. 2001 -024 § 1, 2001; Ord. 2001 -023 § 1, 2001; Ord. 99 -068, 1999; Ord. 98 -018 § 1, 1998; Ord. 97 -046 § 2, 1997). L2 Planning Division \UFSA 2003\PLAN\2003 Plan and zone text changes.doc\Revised URMX Text Ord Exh B.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance, Exhibit B 20.24.150 Conditional uses. .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses outside of centers as provided in WCC 20.24.132(6). .152 Public schools; and parochial or private schools, provided such schools shall be approved by the State Superintendent of Public Instruction. .153 Churches, educational and religious training institutions, summer camps, and cemeteries. .154 Retirement, boarding and convalescent homes; social and health rehabilitation centers; day care centers; mini -day care centers and adult care centers not in a family dwelling; and other health - related services consistent with the purpose of the district. 155 Mobile home parks. 156 Deleted by Ord. 2001 -023. 159 Bed and breakfast lodgings. .160 Private, noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program for owners of legal lots of record abutting the shoreline. The conditional use permit shall be approved if the hearing examiner finds that the proposal will not be hazardous or disturbing to neighbors and all applicable zoning requirements are satisfied. The criteria of WCC 20.84.220 shall not apply. .161 The following uses may be approved within a neighborhood center meeting prior to application for the purpose of hearing neighborhood concerns and suggestions regarding the proposal. 1 Uses. (a) Commercial uses with a neighborhood or specialty nature including, but not limited to, barber and beauty shops bakeries drugstores (b) Professional offices. (c) Adult or child care centers. (d) Residential units located on the upper floor(s) of buildings containing the uses listed above. Such units will be counted toward minimum U2 Planning Division \UFSA 2003TLAN2003 Plan and zone text changes.docTevised URMX Text Ord Exh Rdoc File 4 CN02003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit B densities and maximum percentage of multifamily units, but shall not be counted dwellings and: (a) Fronts on an arterial or collector street: or (b) Is located adjacent to a public square or neighborhood park; and (c) Is no closer than one -half mile from an existing or approved commercial center or other commercial use or zone. (d) Neighborhood centers shall not be developed in areas characterized by residential development at less than one dwelling unit per acre requirements in Chapter 20.80 WCC. d) Centers should be visible and accessible to pedestrians from the streets and clearly defined through lighting landscape landmarks and /or open space. (e) In the urban fringe subarea specific wetland systems and sensitive environmental areas shall be preserved and incorporated into the development site design plan consistent with Bellingham city ordinances. (f) Sidewalks are a minimum of eight feet wide. (g) Street trees are located on the curb side of the sidewalk in accordance with city of Bellingham street tree standards. (h) Individual businesses or establishments must be ioined by common walls unless the applicant can demonstrate to the satisfaction of the (j) All lighting shall be designed and installed to prevent the (k) In accordance with WCC 20.80.465, Urban Residential -Mixed awning of the building to which it is attached. At least one of the siqns for an individual business must be readable to pedestrians on the adjacent sidewalk. C\2 Planning Division \UFSA 2003TLAN2003 Plan and zone text changes.doc\Reviscd URMX Text Ord Exh B.doc Filed CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit B Said sign(s) shall be harmonious and compatible in appearance with the character of the surrounding area. Signs may only be illuminated by an indirect external source.* (1) Use of shared parking areas is encouraged. The minimum parking requirement shall be 50 percent of the parking requirements in WCC 20.80.580 but shall in no case exceed two - thirds of the requirements in WCC 20.80.580. 20.24.200 Prohibited uses. .201 All other uses. .202 Adult businesses. (Ord. 2001 -023 § 1, 2001; Ord. 99 -070 § 2, 1999; Ord. 97 -046 § 2, 1997). 20.24.250 Maximum /minimum density, minimum lot size. 20.24.251 Minimum lot size. For the purpose of creating new building lots within the Urban Residential Mixed District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to , asp: -a ^s whether or not public sewer, water, and, where identified by the appropriate Comprehensive Plan policies, stormwater collection and detention facilities serve the project site. Where public sewer and water are not provided the AenventpriAl method i ^H"^ ^ ^^'^ ^ ° b dding lots, the minimum lot size shall be five acres. -eF lif public sewer and water, and, where specified by the Comprehensive Plan, stormwater drainage facilities are provided, the minimum lot size shall be as presented in WCC 20.24.252. m.:rr . . ar..sr rasra_s�:r.•.. i. •. •r r •� •. •. .. •. r- 10 T\2 Planning Division \UFSA 2003\PLAN\2003 Plan and zone text changes.doc\Reviscd URMX Text Ord Exh B.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit B Maximum Gross Density /Minimum Net Density Minimum Lot Size (1) Minimum net density of 6 dwelling units per acre 4,000 square feet with public sewer and water and stormwater collection and detention facilities. (2) Density of 1 dwelling unit per 5 acres without 5 Acres public sewer and water and stormwater collection and detention facilities. (3) Maximum gross density up to 10 dwelling units 4,000 square feet per acre using TDRs pursuant to the provisions of Chapter 20.89 WCC and Section 3 below. Each development right transferred from the Lake Whatcom watershed may be used to develop three dwelling units in the UGA. 4) Minimum densitv shall be calculated as net density, after deductina the areas restricted from development by critical areas regulations and infrastructure requirements. (5) For densities over 6 dwellinq units per acre transferable development rights (TDRs) from the Lake Whatcom watershed sending area must be used pursuant to the provisions of WCC 20.89, Density Transfer Procedure. Each (Ord. 2001 -023 § 1, 2001; Ord. 99 -087 § 1, 1999; Ord. 97 -046 § 2, 1997). 11 I:\2 Planning Division \UPSA 2003\PLAN\2003 Plan and zone text changes.do Tevised URMX Text Ord Exh B.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit B 20 7A 255 Ilene'!.. bGn. .......... _ ..__ .. an 1 .. _! WOWNWO III NOW 1: �2 Planning Division\UFSA 2003TLAN\2003 Plan and zone text changes.docRovised URATX Text Ord �xh Mae .9 •. - e I or Ism, V&Av x s : 9 .......... _ ..__ .. an 1 .. _! WOWNWO III NOW 1: �2 Planning Division\UFSA 2003TLAN\2003 Plan and zone text changes.docRovised URATX Text Ord �xh Mae .9 File # 11 1111 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordireaunce: Exhibit pFesernvatien of - _ __ 2001 • ••- Ord q 97 •.- T�L7feTr . - W. I EN s• Fe I •_ T�L7feTr . - s• Fe I •_ s cloa 13 L\2 Planning Division \UFSA 2003\PLAN\2003 Plan and mine text changes.doc\Revised URMX Text Ord Exh 9.doc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance Exhibit B the plat or short plat, WhatGem County shall make every ageRtS (5) The above stated requiFements; (2) to (4) &4aWIbe4eeGPdad-a&,a� FAAtFiAti9R at the time of f 1 ng of the final plat eF 611014 plat, and shall GARqt t-Ite an agreeRtenF -aid deed- r8GtF Gt an may be amended by mutual agreement between said part as afte iBRipFeheRSP ° Dlv.. (Ord 2001 20.24.350 Building setbacks. Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements) except as otherwise indicated in this chapter. (Ord. 2001 -023 § 1, 2001; Ord. 97 -046 § 2, 1997). 20.24.400 Height regulations. Maximum height shall be limited to 35 feet for single family development and 45 feet for mulitifamily development. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Ord. 2001- 023 § 1, 2001; Ord. 97 -046 § 2, 1997). 20.24.450 Lot coverage. No structure or combination of structures, including accessory buildings, shall occupy or cover more than 2,500 square feet or 40 percent, whichever is greater, of the total area except as otherwise permitted in this chapter. (Ord. 2001 -023 § 1, 2001; Ord. 97 -046 § 2, 1997). 20.24.650 Development criteria. (Ord. 2001 -023 § 1, 2001). 20.24.651 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 14 1:\2 Planning Division \UFSA 2003\PLAN\2003 Plan and zone text changes.doc\Revised URMX Text Ord Exh Rdoc File # CMP2003 -00003 Bellingham Urban Fringe Subarea Plan- Bellingham UGA Proposed Ordinance: Exhibit B 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 W hatcom 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. 2001 -023 § 1, 2001; Ord. 99 -058, 1999; Ord. 97 -046 § 2, 1997). 20.24.652 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. 2001 -023 § 1, 2001; Ord. 98 -083 Exh. A § 24, 1998; Ord. 97- 046 § 2, 1997). 20.24.653 Bellingham Urban Growth Area 0 ) In the Bellingham Urban Growth area the City of Bellingham's design and development standards and guidelines and impact fees shall appl Landscaping: �x��.mcs�morwmra.�r� 20.24.654 Parking requirements Parking shall conform to the requirements of WCC 20.80.500 except as otherwise provided for in this chapter. However, recreation vehicles, and boat parking and storage shall be limited to side and rear yard areas. (Ord. 2001 -023 § 1, 2001; Ord. 97 -046 § 2, 1997). 20.24.655 Livestock regulations. The keeping of livestock shall be administered pursuant to WCC 20.80.800 (Supplementary Requirements). (Ord. 2001 -023 § 1, 2001; Ord. 97 -046 § 2, 1997). 20.24.700 Transfer of residential development rights. .710 Areas designated in the Comprehensive Plan and assigned a UR -MX zone district, with the exception of the Bennett Drive Residential Area designated on Map 3 of the Urban Fringe Subarea Plan, are considered recpient zonesreceiving areas for transfer of development rights from any sending area or base zone which has been established as linked to these areas. (Ord. 2001 -023 § 1, 2001; Ord. 98 -083 Exh. A § 66, 1998; Ord. 97 -046 § 2, 1997). 15 L: 2 Planning Division \UFSA 2003\PLAN\2003 Plan and zone text changes.doo\Revised URMX Text Ord Exh B.doc