HomeMy WebLinkAboutord2002-018U HATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -107
CLEARANCES
Originator: AmYPedenmr
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Date
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WHATCOM COUNTY
COUNCIL
Acoda Date
2/12/02
Assi Pied to:
Introduction
ision Head: Sylvia Goad iii
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2/26/02
P & D / Council
Dept Head: Hal K Hart
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Prosecutor. Karen Frakes
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Purchaxing /Bud%er.:
Executive: Pete airman
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SUBJECT.' Ordinance adopting changes to the official Whatcom County Zoning Ordinance, Title 20, to add a new Point Roberts
Transitional Zone (TZ) District, Chapter 20.37.
ATTACH /VENTS:
(1) Proposed Ordinance
(1) Agency Report
(3) Staff Report
(d Planning Commission Minutes (To be forwarded when door feted.
SEPA review required? ( x ) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes (X ) NO
Requested Date:
'The Council must hold a hearing if they wan to change the Planning
Commission's recommendatimt (WCC 20.10.110).
SUMMARY STATEMENT: The request is to amend the official Whatcom
County Zoning Ordinance, Title 20, to add a new Paint Roberts Transitional
Zone (TZ) District, Chapter 20.3 7, to implement the goals, policies and projects
of the 2001 Point Roberts Subarea Plan.
Distribution Request
Indlco' those who should receive a copy after Council anion .
List toucan names to the right
ci /hies Management
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Hearing Examiner
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COCNCII. ACTION TAKEN:
2002 -107 2112/2002: Introduced
2/26/2002: Held in Planning and Development Committee
3/12/2002: Hearing held 3/2fi
3/26/2002: Amentled and atlopte tl ] -0, Ortl. #2002 -018
Related .
Related File Numbers: File #ZON2001 -00007
✓uvmdle
parks
planning
Ha! H Hart
Prosecutor
Public Works
Sheriff
Superior Court
Treasurer
Here
Ordinance or Resolutio((yyNumber
(this item): A5
SPONSORED BY: PDS
PROPOSED BY: PDS
INTRODUCTION DATE: 2/12/02
ORDINANCE NO. 2002 -018
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO ADD
A NEW POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT, CHAPTER 20.37, TO
IMPLEMENT THE 2001 POINT ROBERTS SUBAREA PLAN AND MAP
WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for
consideration once per year; and
WHEREAS, the SEPA Administrator for Whatcom County issued a Determination of Non -
significance on January 23, 2002; and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on Thursday, January 10, 2002; and
WHEREAS, the Planning Commission held a public hearing on the proposed amendments
on January 24, 2002, and considered all testimony; and
WHEREAS, the Planning Commission recommended approval of the proposed text
amendments on Thursday, January 24, 2002; and
WHEREAS, the Council held an additional public hearing on March 26, 2002 to consider
additional changes; and
WHEREAS, the Council found the amendments to be in the best interest of the public
health, safety, and welfare; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
1. Legal notice was published in the Bellingham Herald on Thursday, January 10, 2002.
2. The Planning Commission held a public hearing on Thursday, January 24, 2002 and
considered all testimony.
3. The 2001 Point Roberts Subarea Plan was adopted by County Council on December
11, 2001.
4. The implementing Point Roberts zoning map, which included new Transitional Zone
areas, was also adopted on December 11, 2001.
\ \PDS -1WOU WSERS\PDS\SHARED\2 Planning DiviaonQoning Amendrienle\Zoning 2001=N2001 -00007 ORl
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5. Official Whatcom County Zoning standards and regulations to implement the designated
Transitional zones were not adopted concurrently with the 2001 Point Roberts Subarea
Plan and associated map amendments.
6. Section B — Executive Summary of the 2001 Point Roberts Subarea Plan, Section 4.6,
Goal 1.8, Policies 1.8.1 - 1.8.3, and Project 1.8.1 all provide direction and guidelines for
the creation of a new Transitional Zone (TZ) District.
CONCLUSIONS
The proposed text amendments, as presented in Exhibit A, are consistent with the goals,
policies, and projects of the 2001 Point Roberts Subarea Plan and the Whatcom County
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Section 1. The Official Whatcom County Zoning Code is hereby amended as shown in Exhibit
A.
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 26 day of March , 2002.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, C W rd Nel en, ounc Chair
Clerk of the Council
APPROVED as to form
Civil Deputy Prosecutor
( pprove'd ()Denied
Pere Kremen, Executive
Date:�'—�;7— 0.
UPDS -1 WOL1 USERS \PDS \SHARED\2 Planning Division\Zoning Amendments\Zoning 20012ON2001 -00007 ORD.doc
Page 2
EXHIBIT A
ZON2001 -00007 Transitional Zoning Council Adopted TZ Text 3/28/02
'All of the following text is new language for Title 20 as adopted by County Council on
March 26, 2002,
Chapter 20.37
POINT ROBERTS TRANSITIONAL ZONING (TZ) DISTRICT
Sections:
20.37.010 Purpose.
20.37.015 Applicability
20.37.050 Permitted uses.
20.37.100 Accessory uses.
20.37.130 Administrative approval uses.
20.37.150 Conditional uses.
20.37.200 Prohibited uses.
20.37.250 Maximum density, minimum lot size and width.
20.37.251 Minimum lot size and maximum density.
20.37.253 Maximum density and minimum lot size.
20.37.254 Minimum lot width and depth.
20.37.300 Lot clustering and reserve tract.
20.37.305 Lot clustering.
20.37.310 Design standards.
20.37.320 Open space reserve tract.
20.37.350 Building setbacks.
20.37.400 Height limitations.
20.37.450 Lot coverage.
20.37.650 Development criteria.
20.37.651 Plat language for proposed subdivisions.
20.37.652 Use of natural resources.
20.37.653 Landscaping.
20.37.654 Parking requirements.
20.37.655 Livestock regulations.
20.37.656 Drainage.
20.37.010 Purpose.
The purpose of the Transitional Zone District is to maintain the low density residential
character of the areas designated as Transitional on the Official Whatcom County
Zoning Map and to implement the appropriate policies of the Comprehensive Plan. In
addition, it is the intent of this district to create and protect a permanent network of
interconnected open space and to provide the opportunity for development of building
sites which maximize the efficient use of both energy and land by allowing an option for
clustering of residential lots.
20.37.050 Permitted uses.
Unless otherwise provided herein, permitted 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 One single - family dwelling per lot.
.052 Noncommercial neighborhood parks and public recreation facilities.
.053 Agriculture, including animal husbandry, horticulture, viticulture, floriculture,
silviculture, and beekeeping; and the cultivation of crops.
.054 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.
.055 Adult family homes as defined in Chapter 70.128 RCW.
.056 Family day care homes subject to the requirements of WCC 20.97.180 for home
occupations.
.057 Forest preserves, wildlife reserves, natural systems education, and /or interpretive,
areas.
20.37.100 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 use.
.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.
.105 Hiking, jogging, cross - country ski trails, and bicycling trails.
20.37.130 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.
(3) The temporary home shall be connected to an approved water supply and
adequate capacity sewage disposal system approved by the Whatcom County health
EXHIBIT A
ZON2001 -00007 Transitional Zoning
Council Adopted
TZ Text 3/28/02
.051 One single - family dwelling per lot.
.052 Noncommercial neighborhood parks and public recreation facilities.
.053 Agriculture, including animal husbandry, horticulture, viticulture, floriculture,
silviculture, and beekeeping; and the cultivation of crops.
.054 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.
.055 Adult family homes as defined in Chapter 70.128 RCW.
.056 Family day care homes subject to the requirements of WCC 20.97.180 for home
occupations.
.057 Forest preserves, wildlife reserves, natural systems education, and /or interpretive,
areas.
20.37.100 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 use.
.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.
.105 Hiking, jogging, cross - country ski trails, and bicycling trails.
20.37.130 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.
(3) The temporary home shall be connected to an approved water supply and
adequate capacity sewage disposal system approved by the Whatcom County health
EXHIBIT A
ZON2001 -00007 Transitional Zoning Council Adopted TZ Text 3/28/02
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 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;
(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
EXHIBIT A
ZON2001 -00007 Transitional Zoning Council Adopted TZ Text 3/28/02
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 unless the parcel is large enough to accommodate
two dwelling units consistent with the underlying zoning density;
(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 non - objection 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).
133 Mini - day care centers in a family dwelling.
20.37.150 Conditional uses.
Items indicated by an " *" are not allowed 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 Golf course.
.156 Bed and breakfast lodgings.
.157 Cottage industries employing no more than two people outside the family; provided
that in addition to the conditional use criteria found in WCC 20.84.220:
(1) The hearing examiner, at his discretion, may place limitations on the square
footage used 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 1,250 square feet
of total floor area.
(2) Where conducted in a structure(s) other than the residence, in the immediate
vicinity of the proposed cottage industry there is a pattern of existing businesses in
structures outside of residences.
(3) The parcel size shall not be less than what is required by the zone district
density for two residences.
(4) In the event materials will be stored outdoors, the hearing examiner may
require adequate landscaping, screening, or other devices in order that the material will
not be visible by surrounding uses or roads.
(5) One non - illuminated sign, not to exceed four square feet in size, mounted on
EXHIBIT A
ZON2001 -00007 Transitional Zonina Council Adopted TZ Text 3/28/02
the property, is permitted.
.159 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.
.160 Plant nurseries and greenhouses for storage, propagation and culture of plants,
including sales as an accessory use provided:
(1) Must be located on a collector arterial or higher classified road.
(2) Covered sales area and associated display areas must not exceed 10 percent
of the total area of development.
(3) There shall be fixed hours of operation.
(4) Parking lot, indoor sales or other potential impacts related to operations shall
be buffered from neighbors.
(5) Signage shall be aesthetically compatible with the character of the
neighborhood.
(6) All other criteria for conditional use permits must be met.
(7) Outdoor storage of fertilizer is prohibited.
(8) No aerial application of chemical products shall be allowed within 50 feet of
dissimilar uses.
20.37.200 Prohibited uses.
.201 All other uses.
.202 Adult businesses.
20.37.250 Maximum density, minimum lot size and width.
20.37.251 Minimum lot size and maximum density.
For the purpose of creating new building lots within the Transitional Zone District, two
land use densities are provided. The minimum lot size and maximum density
requirements for new construction vary according to the method of subdivision and
whether or not public water and /or sewer, STEP, or a community wastewater facility is
available to serve the project site. Where the conventional subdivision method is used to
create new building lots, the minimum lot size shall be five acres, if public water and /or
sewer, STEP, or a community wastewater facility are provided. The lot cluster
subdivision method shall only be used if 1) public water and sewer, STEP, or a
community wastewater facility are provided, and 2) an open space reserve tract is
provided. The minimum lot size shall then be 5,000 square feet. The maximum number
of lots in a lot cluster shall be 16. Any number of lot clusters may be used.
20.37.253 Maximum density and minimum lot size.
District
Gross Density
Minimum Lot Size
Min. Reserve Area
(Cluster
Conventional
Cluster
Subdivisions
TZ with public water
1 dwelling unit/5
5 acres
N/A
N/A
or sewer, STEP, or a
acres
EXHIBIT A
_ZON2001 -00007 Transitional Zoning Council Adooted TZ Text 3/28/02
community
wastewater facility
Width at
Street Line
Width at Bldg.
Line
Minimum
Mean Depth
TZ with public water
1 dwelling unit/1
N/A
5,000 sq. f ,
30% to 50%
and public sewer,
acre
or sewer, STEP, or a
STEP, or a
community
community waste
wastewater s stem.
water facility.
TZ: with public water
N/A
30'
20.37.254 Minimum lot width and depth.
District
Width at
Street Line
Width at Bldg.
Line
Minimum
Mean Depth
Conventional
Cluster
TZ: with public water
300'
N/A
80'
100'
or sewer, STEP, or a
community
wastewater s stem.
TZ: with public water
N/A
30'
70'
100'
and sewer, STEP, or
a community waste
water facility
20.37.300 Lot clustering and reserve tract.
20.37.305 Lot clustering.
(1) The purpose of lot clustering is to provide an alternative method of creating
economical building lots with spatially efficient sizes. Clustering is intended to reduce
development cost, increase energy efficiency.
(2) The clustering option is also intended to help preserve open space and the
character of areas and reduce total impervious surface area thereby reducing runoff
while assuring continued viable undeveloped natural vegetated corridors for wildlife
habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic
values including view corridors, and preservation of potential trail and recreation areas.
20.37.310 Design standards.
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
(2) 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.
(3) Where practical, building sites should be arranged in a cluster or
concentrated pattern and have no more than two common encroachments on existing
county roads. The arrangement of clustered building lots is intended to discourage
development forms commonly known as linear, straight line or highway strip patterns.
(4) Common access to clustered building lots should be provided by short length
roads or loop roads. In addition, interior streets shall be designed to allow access to the
"reserve tract" for the purpose of future approved development.
EXHIBIT A
ZON2001 -00007 Transitional Zoning Council Adopted TZ Text 3/28/02
20.37.320 Open space reserve tract.
.321 For the purposes of this section, "open space reserve tract" is defined as that
portion of the subdivision or short subdivision set aside in accordance with this chapter,
and permanently dedicated for active or passive recreation, wildlife habitat and visual
enjoyment. "Open space reserve tract" shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this chapter, the "open space
reserve tract" may be retained by the subdivider, conveyed to a residents home owners
association of the subdivision or conveyed to a third party.
(2) The boundaries of the "open space reserve tract' may be altered subject to
the following conditions:
(a) The county finds that in developing adjacent tracts it would help to further
the objectives listed in WCC 20.37.305(2) above by altering the reserve tract and
increasing the area of reserve proportionately on the adjacent land being subdivided so
that there is no net reduction in reserve area; and when the reserve tract is owned by the
original developer or a third party, no property owner within the original subdivision will
be significantly adversely affected or suffer a substantial decrease of property value as a
result of altering the reserve tract.
(b) When the Comprehensive Plan and zoning have been updated as part of
the normal process (other than a revision initiated by the private sector or done for a
specific area) and the public process has been gone through, subject to findings that
there is no adverse impact to critical areas and when the reserve tract is owned by the
original developer or a third party, no property owner within the original subdivision will
be significantly adversely affected or suffer a substantial decrease of property value as a
result of dividing the reserve tract.
(4) The purpose of the open space reserve tract as stated in WCC 20.37.320,
paragraphs (1) and (2) shall be communicated in writing on the face of the plat or short
plat. The number of developable building sites remaining (if any) with the original parcel
of record, based on the assigned density, shall also be prominently displayed on the plat
or short plat. Whatcom County shall make every effort to assist all agents in
communicating clearly such information to all purchasers and prospective purchasers of
building lots or "open space reserve tracts."
(5) That the above state requirements (2) to (4) shall be recorded as a deed
restriction at the time of filing of the final plat or short plat, and shall constitute an
agreement between Whatcom County and the owner of record. Said deed restriction
may be amended by mutual agreement between said parties after review for consistency
and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom
County Subdivision Ordinance and the Whatcom County Comprehensive Plan.
.322 The 50 percent reserve area requirement of WCC 20.37.253 may be reduced to 40
or 30 percent when the applicant dedicates or permanently protects open space or
recreational amenities which foster the open space and recreation goals of the Whatcom
County Comprehensive Plan, relative subarea plans, the Natural Heritage plan and other
related county plans.
(1) The open space requirement may be reduced to 40 percent by designating 5
percent of the total lot area as:
(a) a dedication of a public access easement or right -of -way adjacent to
an existing pubic right -of -way or trail corridor; or
(b) protection of unique or culturally significant areas, wildlife habitat,
and /or high value natural resource areas (using criteria established in WCC Chapter
16.16) with a conservation easement or other restrictive covenant sufficient to protect
the feature.
EXHIBIT A
ZON2001 -00007 Transitional Zoning Council Adopted TZ Text 3/28/02
(2) The open space requirement may be reduced to 30 percent by designating 10
percent of the total lot area as:
(a) a dedication of a public access easement or right -of -way adjacent to
an existing pubic right -of -way or trail corridor; or
(b) protection of unique or culturally significant areas, wildlife habitat,
and /or high value natural resource areas (using criteria established in WCC Chapter
16.16) with a conservation easement or other restrictive covenant sufficient to protect
the feature; or
(c) provision of public shoreline access.
(3) There shall be a mechanism in place to ensure that a permanent dedication
takes place for each of the options listed above in subsections (1) and (2), including
such items as maintenance agreements, easements, conservation easements, or other
appropriate tools acceptable to both the applicant and the county which shall be filed
with the county auditor's office.
20.37.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback
Requirements). Setbacks for a conventional lot that is developed at a density of 1
dwelling /5 acres shall be subject to the setback provisions for Rural 5 acre zoning.
(Conventional only.) Setbacks for those parcels which meet the requirements for cluster
development at a density of one dwelling /acre shall be subject to the setback provisions
for the Rural Residential 1 dwelling /acre zoning. (Cluster only.)
20.37.400 Height limitations.
Maximum height shall be limited to 25 feet. Height of structures shall also conform,
where applicable, to the requirements of WCC 20.80.675, WCC 20.72.400, and the
provisions of the Shoreline Management Program, whichever is more restrictive.
20.37.450 Lot coverage.
No structure or combination of structures shall occupy or cover more than 2,500 square
feet or 35 percent, whichever is greater of the total area.
20.37.650 Development criteria.
20.37.651 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.
20.37.652 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.
20.37.653 Landscaping.
Refer to WCC 20.80.300 for landscaping requirements.
20.37.654 Parking requirements.
Parking shall conform to the requirements of WCC 20.80.500 and /or WCC 20.72.658.
20.37.655 Livestock regulations.
The keeping of livestock shall be administered pursuant to WCC 20.80.800.
20.37.656 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.
New section in Chapter 20.97 - Definitions
20.97.430 STEP.
EXHIBIT A
ZON2001 -00007
Transitional Zoning
Council Adopted
TZ Text 3/28/02
20.37.653 Landscaping.
Refer to WCC 20.80.300 for landscaping requirements.
20.37.654 Parking requirements.
Parking shall conform to the requirements of WCC 20.80.500 and /or WCC 20.72.658.
20.37.655 Livestock regulations.
The keeping of livestock shall be administered pursuant to WCC 20.80.800.
20.37.656 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.
New section in Chapter 20.97 - Definitions
20.97.430 STEP.