HomeMy WebLinkAboutord1998-002WHATCOM COUNTY COUNCIL AGENDA BILL
NO, 97 -169E
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Mginator: Carl Batchelor
12/5/97
12/16/97
Division Head: Sylvia Goodwin
Dept Head: Michael Knapp
I
Prosecutor:
Purchasing/Budget:
Executive
SUBJECT: File Reference: 09 -972T An Ordinance amending the Official Whatcom county Zoning Ordinance, Title
20, to consider adopt development regulations to replace the Interim Development Regulations adopted July 15, 1997, to
implement the Whatcom County Comprehensive Plan.
ATTACHMENTS: Proposed Ordinancewith Exhibit A
Agency Report with attached October 3, 1997 Staff Report and October 30, 1997 Staff
Recommendations
Planning Commission Minutes from October 23, 1997 Public Hearing
Draft Planning Commission minutes from December 4 meeting
SUMMARYSTATEMENT: Please complete sections of box as appropriate & explain the item, below.
Related County contract #: n/a Should Clerk schedule a hearing? NO/ / YES/ f Requested date:
count budgeted for this item/project: $ n/a Is it (or will it be) within budget? YES /X / NO / / (Please explain below) n/a
IIBudget line item number(s): n/a
The request is to adopt an ordinance adopting development regulations to replace the Interim Development Regulations
adopted July 15, 1997, to implement the Whatcom County Comprehensive Plan.
ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends
Council adopt the proposed ordinance.
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN:
1997- 1698 12097: Introduced
1/13/98: Public Heating Held. Amended & Adopted 6 -1,
Brenner opposed. Ord. #98 -002
Related File Numbers: #09-9 7.
Ordinance or Resolution Number (this item only):
04- --V C1 sr-co""
File Ref: 09 -972T
ORDINANCE NO. 98 -002
SPONSORED BY: Consent
PROPOSED BY: Council
INTRODUCTION DATE: 12/9/97
2 AN EMERGENCY ORDINANCE ADOPTING DEVELOPMENT REGULATIONS RELATING
3 TO GROWTH MANAGEMENT AND LAND USE DEVELOPMENT FOR THE PURPOSES OF
4 REGULATORY CONSISTENCY WITH THE OFFICIAL WHATCOM COUNTY
5 COMPREHENSIVE PLAN
6
WHEREAS, Interim Development Regulations were adopted by the Whatcom County
Council first as an emergency ordinance on May 20, 1997 and later as an interim ordinance on
July 15, 1997, to implement the Whatcom County Comprehensive Plan; and
WHEREAS, The Interim Development Regulations were adopted for a six month period
that will expire in January '15, 1998; and
WHEREAS, The Whatcom County Council has forwarded the Interim Development
Regulations to the Whatcom County Planning Commission to hold a public hearing and any
necessary work sessions and to return a recommendation back to the County Council in time to
adopt permanent regulations before the interim regulations expire; and
WHEREAS, Planning staff have identified for the Planning Commission some changes
that should be made to the Interim Development Regulations to provide consistency and to
correct some oversights as well as some additional issues that should be considered; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham
Herald on Thursday, September 15, 1997; and
WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on
June 30, 1997; and
WHEREAS, The Planning Commission held a public hearing on the proposal on
October 23, 1997 and considered all public testimony; and
WHEREAS, the Planning Commission held a public Work Session on December 4,
1997 and recommended approval of the proposal with some changes and approval of the
findings contained in the Agency Report dated December 4; and
WHEREAS, the Council held a public hearing on the Planning Commission's
recommendation at a regular meeting on January 13, 1998; and
WHEREAS, the County is not prepared to adopt permanent amendments to the
County's development regulations at this time, and will require up to sixty days for additional
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analysis and public review to occur; and
WHEREAS, in order to find assure continued compliance with the Growth Management
Act, continuation of the Interim Development Regulations is necessary; and
WHEREAS, based on the above findings, the Whatcom County Council declares that an
emergency ordinance is necessary for preservation of the public peace, health, safety and
welfare.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. That in order to preserve the integrity of the process and directives
mandated by the Growth Management Act and pursuant to RCW 36.70A.040, it is hereby
ordained that the interim development regulations attached as exhibit A be adopted on an
emergency basis for sixty (60) days from adoption of this Ordinance or until the effective date of
an Ordinance adopting these Development Regulations on a permanent basis.
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 13 day of January , 1998.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
i;rown-Da—vis-,-6ouncil Clerk Robert Imhof, Chairper n
APPROVED as to form:
a n Frakes, Civil Deputy Prosecutor
Page 2
Approved ( ) Denied
Pete Kremen, Executive
Date: /V/<— 91
Exhibit "A"
INTERIM DEVELOPMENT REGULATIONS: REVISIONS TO TITLE 20
ADOPTED JULY 15, 1997
COUNCIL ORDINANCE 97 -040
(1) The existing Section 20.04.050 of the Whatcom County Code is hereby repealed
in its entirety and replaced with the following:
(2) Section 20.04.060 of the Whatcom County Code is hereby amended as follows:
20.04.060 Establishment of districts.
For the purpose of furthering the goals and policies of the comprehensive plan and
to carry out the. provision of this title, Whatcom County is hereby divided into the
following districts:
Chapter
Abbreviation
District
20.20
UR
Urban Residential
20.22
URM
Urban Residential Medium Density
District
20.32
RR
Residential Rural
20.34
RR -I
Rural Residential - Island
20.36
R
Rural
�0 �3$
�P
Agriculture Protee���z� �'� uer�a�y
20.40
AG
Agricultural
20.42
RF
Rural Forestry
20.43
CF
Commercial Forestry
20.44
ROS
Recreation and Open Space
20.60
NC
Neighborhood Commercial
20.62
GC
General Commercial
20.63
TC
Tourist Commercial
20.64
RC
Resort Commercial
20.65
GI
Gateway Industrial
20.66
LII
Light Impact Industrial
20.67
GM
General Manufacturing
20.68
HII
Heavy Impact Industrial
20.70
AO
Airport Operations
1
Exhibit "A"
0 71` RAO Resort Area Overlay
203: MR °L M�neralzResource Lar7cls Special Dastriet'
.._
20 4 CP Cherry Point l ',,clustrial Dis rict
(3) . A new Section 20.20.015 is hereby added to the Whatcom County Code in
Chapter 20.20, Urban Residential (UR) District, as follows:
(4) Subsection .052 of Section 20.20.050 of the Whatcom County Code is hereby
amended as follows:
.052 single- family attached dwellings provided
that public sewer, water and, where identified by the appropriate subarea 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.
(5) Section (1) of subsection .133 of Section 20.20.130 of the Whatcom County Code
is hereby amended as follows:
.133 Light Fabrication and assembly provided:
(1) These uses are only allowed in UR designations in the
C R n � m Foothills and South Fork Valley Subareas and On any area
be a hamlet.
(6) Subsection .151 of Section 20.20.150 of the Whatcom County Code is hereby
amended as follows:
.151 Public and community facilities including police and fire stations, libraries,
community centers, recreation facilities, and other similar noncommercial uses.These
t.o the
2
Exhibit "A"
(7) Subsection .154 of Section 20.20.150 of the Whatcom County Code is hereby
amended as follows:
.154 Retirement, boarding and convalescent homes; social and health rehabilitation
centers; children and adult care centers in a building not used as a residence; and other
health - related services consistent with the purpose of the district Drily �ln t' °' °'hortTer�r
(8) Subsection .155 of Section 20.20.150 of the Whatcom County Code is hereby
amended as follows:
.155 Neighborhood grocery stores
provided that:.. .
(9) Subsection .160 of Section 20.20.150 of the Whatcom County Code is hereby
repealed in its entirety.
0 0) Section 20.20.251 of the Whatcom County Code is hereby amended as follows:
20.20.251 Minimum lot size.
For the purpose of creating new building lots within the Urban Residential District,
several land use densities are herein provided. The minimum lot size requirements for new
construction vary according to the method of subdivision, as well as whether or not public
sewer, water, and, where identified by the appropriate subarea comprehensive plan
policies, stormwater collection and detention facilities serve the project site.
(11) Section 20.20.252 of the Whatcom County Code is hereby amended as follows:
20.20.252 Maximum density and minimum lot size.
Minimum Lot Size Min.
Reserve
Area
District Gross Density Convention Cluster (Cluster
al Subdivision
s)
LIR: all densities without
1 dwelling 5 acres 1 acre 55%
public sewer and water
unit /5 acres
LIR: all densities with public
1 dwelling 5 acres 15,000 75%
sewer or water
unit /5 acres sq.ft.
91
UR -3: with public sewer
and water, and stormwater
collection and detention
facilities where identified by.
the appropriate subarea
comprehensive plan policies
,!LIR -4: with public sewer
and water, and stormwater
collection and detention
facilities where identified by
the appropriate subarea
comprehensive plan policies
3 dwelling 12,000 8,000 sq.ft.
units /1 acre sq.ft.
4 dwelling 8,000 sq.ft. 6,000 sq.ft.
units /1 acre
Exhibit "A"
25%
20%
0 2) Section 20.20.253 of the Whatcom County Code is hereby amended as follows:
20.20.253 Minimum lot width and depth.
Width at Street Line
Width at Bldg. Minimum Mean
District Conventional I Cluster Line Depth
UR: all districts without public sewer and water
300' 70' * 80' 0'
with public sewer and water, and stormwater collection and detention facilities
where identified by the appropriate subarea comprehensive plan policies:
3 units per acre 30' 30' 70' 80'
4 units per acre 30' 30' 60' 70'
*30' on a cul -de -sac only
(13) Subsection (b) of Section. 20.20.320 of the Whatcom County Code is hereby
amended as follows:
(b) When the subarea 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
-) and the full community involvement
process has been gone through, subject to findings that there is no adverse impact on
environmentally sensitive 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.
2
Exhibit "A"
(14) A new Section 20.20.668 is hereby added to the Whatcom County Code in
Chapter 20.20, Urban Residential (UR) District, as follows:
(15) Section 20.22.010 of the Whatcom County Code is hereby amended as follows:
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 density and compatible nonresidential
as identified in the appropriate subarea comprehensive plan. Since Urban Residential
Medium Density areas may be adjacent to other land use forms, compatibility among
these forms shall be accomplished through responsible design and development
considerations of this district.
(16) A new Section 20.22.020 is hereby added to the Whatcom County Code in
Chapter 20.22, Urban Residential — Medium Density (URM) District, as follows:
(17) Subsection .051 of Section 20.22.050 of the Whatcom County Code is hereby
amended as follows:
.051 a =)Ir Fa'orgfsTecmani yeas o 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 20.22.650 WCC. 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.
5
Exhibit "A"
(18) Section 20.22.150 of the Whatcom County Code is hereby amended as follows:
20.22.150 Conditional uses.
.151 Public and community facilities including police and fire stations, libraries,
community centers, recreation facilities, and other similar non- commercial 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; children and adult care centers in a building not used as a residence; 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 Professional offices 15
158 Golf courses.
.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 Accessory apartments or detached accessory dwelling units to single- family
dwellings, except in the Lake Whatcom Watershed, provided that:...
R
Exhibit "A"
0 9) Section 20.22.252 of the Whatcom County Code is hereby amended as follows:
20.22.252 Maximum density and minimum lot size — General.
(b) When the subarea 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 speci,. fic 'area�-�a " area less "-- the "-'e "er-a) and the full community
. ... ,
involvement process has been gone through, subject to findings that there is no adverse
impact on environmentally sensitive areas and when the reserve tract is owned by the
7
Minimum Lot Size
Min.
Reserve
District
Gross Density
Area
Conventional
Cluster
(Cluster
Subdivision
s)
URM: all densities
1 dwelling unit/
5 acres 1 acre
55%
without public sewer and
5 acres
water
URM: all densities with
1 dwelling unit/
5 acres 15,000
75%
public sewer or water
5 acres
sq.ft.
URM -6:", with public
6 dwelling
7,200 sq.ft. N/A
N/A
sewer and water, and
units/
stormwater collection and
1 acre
detention facilities where
identified by the
appropriate subarea
comprehensive plan
policies
URM -12:* with public
12 dwelling
7,200 sq.ft. N/A
N/A
sewer and water, and
units/
stormwater collection and
acre
detention facilities where
identified by the
appropriate subarea
comprehensive plan
policies
URM -18: *. with public
18 dwelling
7,200 sq.ft. N /A/
N /A/
sewer and water, and
units/
stormwater collection and
acre
detention facilities where
identified by the
appropriate subarea
comprehensive plan
policies
4No applicably outside Short Term RI'ann(ng`,,Are 'as-and :outside�Urb 'n growth A'reais°
(20) Subsection (3)(b) of Section 20.22.320 of the Whatcom County Code is hereby
amended as follows:
(b) When the subarea 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 speci,. fic 'area�-�a " area less "-- the "-'e "er-a) and the full community
. ... ,
involvement process has been gone through, subject to findings that there is no adverse
impact on environmentally sensitive areas and when the reserve tract is owned by the
7
Exhibit "A"
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.
(21) A new Section 20.22.668 is hereby added to the Whatcom County Code in
Chapter 20.22, Urban Residential — Medium Density (URM) District, as follows:
or
coi�d�t�onal us�es�sl�al���be approved
(22) Section 20.32.010 of the Whatcom County Code is hereby amended as follows:
20.32.010 Purpose.
The purpose of the Residential Rural District is to maintain the low density
residential character of the areas designated as Residential Rural on the comprehensive
plan map and implement the appropriate subarea comprehensive plan policies. In addition,
it is the intent of this district to provide.the opportunity for the development of building
sites which maximize the efficient use of both energy and land by allowing an option for
clustering of residential lots.
(23) Subsection .052 of Section 20.32.050 of the Whatcom County Code is hereby
repealed in its entirety.
(24) Section 20.32.150 of the Whatcom County Code is hereby amended as follows:
20.32.150 Conditional uses.
.151 Public and community facilities including police and fire stations, libraries,
community centers, recreation facilities, and other similar noncommercial uses.
8
Exhibit "A"
.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; children and adult care centers in a building not used as a residence; and other
health - related services consistent with the purpose of the district.`,;`' .
.155 Neighborhood grocery stores only m Small Town "s >nd ,Grossrvads
�_ ..
Cornrnercial areas; provided that:.. .
A 56 Golf course.
.158 Accessory apartments or detached accessory dwelling units to single - family
.dwellings, except in the. Lake Whatcom Watershed, provided that:...*;
.159 Bed and breakfast lodgings.
160 Confinement feeding operations and feedlots.
.161 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:. .
.162 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.
.163 Plant nurseries and greenhouses for storage, propagation and culture of
plants, including sales as an accessory use provided: .
(25) Section 20.32.251 of the Whatcom County Code shall be amended as follows:
20.32.251 Minimum lot.size and maximum density.
For the purpose of creating new building lots within the Residential Rural District,
several 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 sewer and /or water is available, as well as whether stormwater
collection and detention facilities, where identified by the appropriate subarea
comprehensive plan policies, serve the project site. Where the conventional subdivision
method is used to create new building lots, the minimum lot size shall be one acre or, if
L]
Exhibit "A"
public sewer and /or water and, where specified in the comprehensive plan, stormwater
drainage facilities are provided, the minimum lot size shall be 36,000 square feet for RR-
1 or 18,000 square feet for RR -2 areas or 12,000 square feet for RR -3 areas.
The lot cluster subdivision method only shall be used if public sewer and /or water are
provided, and then the minimum lot size is based on the district's setback requirements
(WCC 20.80.200) and the Bell ingham-Whatcom County health department regulations for
on -site septic disposal, but shall not be less than that shown below. Where the cluster
subdivision method is used in the RR -1 zone, dwelling unit densities may be increased
according to the cluster bonus schedule in WCC 20.32.252 below.
(26). Section 20.32.252 of the Whatcom County Code is hereby repealed in its entirety.
10
Exhibit "A"
(27) Section 20.32.253 of the Whatcom County Code is hereby amended as follows:
20.32.253 Maximum density and minimum lot size.
sewer or water
RR -1 1 dwelling 36,000 sq.ft. 15,000 30%
unit /1 acre sq.ft.
RR -2 2 dwelling 18,000 sq.ft. 15,000 10%
units /1 acre sq.ft.
RR -3 3 dwelling 12,000 sq.ft. 8,000 sq.ft 25%
units /1 acre
With public sewer and /or water, and stormwater detention and
collection facilities where identified by the appropriate subarea
comprehensive plan policies:
RR -1 1 dwelling 36,000 sq.ft. 15,000 30%
unit /1 acre sq.ft.
RR -2 2 dwelling 18,000 sq.ft. 15,000 10%
units /1 acre sq.ft.
RR -3 3 dwelling 12,000 sq.ft. 8,000 sq.ft. 25%
units /1 acre
(28) Section 20.32.254 of the Whatcom County Code is hereby amended as follows:
20.32.254 Minimum lot width and depth.
Width at Street Line Width at Minimum
District Bldg. Line Mean
Convention Cluster Depth
al
RR: with neither public sewer or 30' 30' 80' 100'
water
RR: with public sewer and /or 30' 30' 70' 80'
water, and stormwater collection
and detention facilities identified
by the appropfiete subarea
comprehensive plan policies
11
Minimum Lot Size
Min.
Reserve
District
Gross Density
Area
Conventional Cluster
(Cluster
Subdivision
s)
RR -1, RR -2, RR -3:
1 dwelling 1 acre 1 acre
0%
with neither public
unit /1 acre
sewer or water
RR -1 1 dwelling 36,000 sq.ft. 15,000 30%
unit /1 acre sq.ft.
RR -2 2 dwelling 18,000 sq.ft. 15,000 10%
units /1 acre sq.ft.
RR -3 3 dwelling 12,000 sq.ft. 8,000 sq.ft 25%
units /1 acre
With public sewer and /or water, and stormwater detention and
collection facilities where identified by the appropriate subarea
comprehensive plan policies:
RR -1 1 dwelling 36,000 sq.ft. 15,000 30%
unit /1 acre sq.ft.
RR -2 2 dwelling 18,000 sq.ft. 15,000 10%
units /1 acre sq.ft.
RR -3 3 dwelling 12,000 sq.ft. 8,000 sq.ft. 25%
units /1 acre
(28) Section 20.32.254 of the Whatcom County Code is hereby amended as follows:
20.32.254 Minimum lot width and depth.
Width at Street Line Width at Minimum
District Bldg. Line Mean
Convention Cluster Depth
al
RR: with neither public sewer or 30' 30' 80' 100'
water
RR: with public sewer and /or 30' 30' 70' 80'
water, and stormwater collection
and detention facilities identified
by the appropfiete subarea
comprehensive plan policies
11
Exhibit "A"
(29) Subsection (3)(b) of Section 20.32.320 of the Whatcom County Code is amended
as follows:
(b) When the subarea 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
specl fac° area�rn area ` "en the "o'- subarea) and the full community involvement
process has been gone through, subject to findings that there is no adverse impact on
environmentally sensitive 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.-
(30) A new, Section 20.32.668 is hereby added to the Whatcom County Code in
Chapter 20.32, Residential Rural (RR) District, as follows:
(31) Subsection (3)(b) of Section 20.34.320 of the Whatcom County Code is hereby
amended as' follows:
(b) When the saerea 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 --n ) and the full community
involvement process has been gone through, subject to findings that here is no adverse
impact on environmentally sensitive 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.
(32) A new Section' 20.34.668 is hereby added to the Whatcom County Code in
Chapter 20.34, Rural Residential - Island (RR -1) District, as follows:
;the .development have issued a etter that
..
Piave been made Ito prov1de adequate services.
12
Exhibit "A"
(33) A new Section 20.35.668 is hereby added to the Whatcom County Code in
Chapter 20.35,. Eliza Island (EI) District, as follows:
(34) Section 20.36.010 of the Whatcom County Code is hereby amended as follows:
20.36.010 Purpose.
The purpose of this district is to implement the Rural designation, of the appropriate
saar-ea comprehensive plan which calls for the maintenance of rural character and
environmentally fragile areas by allowing a varGety_ of low intensity uses that
are compatible and complementary with the conservation of agricultural, forestry and
related uses. Furthermore, the purpose of this district is to provide the option for
residential uses to arrange in cluster development patterns while reserving tracts of land
for rural uses and potential future resubdivision.
(35) Section 20.36.050 of the Whatcom County Code is hereby amended as follows:
20.36.050 Permitted uses.
Sublect. >to theTto�uisanns of Chapter 20 3.8 WCC, Resource Lands Ouer y=Zone
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.
(36) Section 20.36.059 of the Whatcom County Code is hereby amended as follows:
.059 Surface mining subject to Washington State's Surface Mining Act (Chapter
78.44 RCW), and accessory washing and sorting, when within a Mineral Resource Land
6tteria�t Spe�al �ronrng District sub�eet to the requ��errjents {of WC 20 73 arrd all other
�a_...A..,.. :..__
appl�cal�` a �re�gulatiors
(37) Section 20.36.150 of the Whatcom County Code is hereby amended as follows:
13
Exhibit "A"
20.36.150 Conditional uses.
.151 Public and community facilities including police and fire stations, libraries,
community centers, recreation facilities, and other similar non - commercial usesJ'
.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; children and adult care centers in a building not used as a residence; and other
health related services consistent with the purpose of the districtJ*
.155 Animal hospitals and accessory kennels and stables provided:.. .
.156 Commercial kennels and stables intended for the boarding, propagation or
training of domestic animals.
.157 Housing or camping facilities to accommodate seasonal or permanent
agricultural employees provided:.. .
.158 Aircraft landing areas when solely for personal (aircraft based at those
landing areas are owned- or controlled by the landowner or tenant and subject to any
limitations deemed necessary by the hearing examiner) uses; provided the centerline of
any such landing area shall not be located within 500 feet of any property line, building,
or structure; except that a legal affidavit from adjacent property owner(s) allowing all, or
a portion, of that 500 feet as a recorded easement on their property, presented as part
of a conditional use permit application, shall be acceptable. The surface of any such land-
ing areas shall be grass or sod and not longer than 2,500 feet. It shall be unlighted and
for daytime use only.
Fuels and lubricants associated with the operation of personal use aircraft will be
stored and handled in accordance with pertinent state and county codes. All aircraft and
pilots must comply with all current Federal Aviation Regulations for the maintenance and
operation of aircraft: Notification of conditional use permit application hearing shall go, by
first class mail, to residents within 1,000 feet from any point on a proposed aircraft
landing area; the applicant shall pay the cost of such mailings.
14
Exhibit "A"
.159 Surface mining and accessory washing and sorting; provided that:.. .
r ,� �.g a � � - °� �� ,fix �r;� €
.160 Neighborhood grocery stores iii ov�s d os�ro�isy"mfe ial
a
only; provided that:.. .
.161 Cottage industries employing no more than four people outside the family
conducted in a structure(s) other than the dwelling unit; provided that in addition to the
conditional use criteria found in WCC 20.84.220:.. .
.162 Small scale commercial processing of agricultural and forestry products on
a permanent basis, utilizing permanently installed equipment, and provided the use is.
compatible and augments the economic viability of the forest or local agricultural
community, appropriate provision is made of water to meet fire flow standards, and is
consistent with applicable local, state and federal standards and regulations.
.163 Solid waste disposal facilities and sites only in those areas specified as
suitable for solid waste. sites in the applicable subarea comprehensive plan, except for
'sewage sludge when a utilization permit is issued by the Bellingham - Whatcom County
district department of public health in accordance with WAC 173 - 304 -300.
164 Transitory solid waste facilities for treatment, storage, or collection, including,
but not limited to: recycle centers and drop boxes for household materials excluding large
items such as automobiles or major appliances; noncommercial composting and mulching
facilities; and including but not limited to the type of facilities operated by neighborhood
or public service organizations.
.165 Private or public, commercial and noncommercial sports facilities and clubs
including golf courses, playing fields for outdoor sports and other facilities consistent with
the purpose of this district
.166 Hydroelectric projects of five megawatts or less.
.168 Coin - operated laundry where developed in association with a neighborhood
grocery store as provided in WCC 20.36.160. Maximum total floor area of the laundry and
grocery store shall be 4,500 square feet.
.169 Accessory apartments or detached accessory dwelling units to single - family
dwellings, except in the Lake Whatcom Watershed, provided that:...*
.170 Bed and breakfast lodgings.
171 Confinement feeding operations and feedlots.
.172 Commercial operations that directly provide goods or services to agricultural
operators with the intent of augmenting agricultural operations, including but not limited
15
Exhibit "A"
to hay sales and storage, sawdust sales and storage, farm equipment service and repair,
and farm chemical applicator establishments; provided that the prospective commercial
operation is limited to directly serving agricultural operators; does not include the manu-
facture of farm - related implements; does not include livestock auction facilities; and is
located on a parcel that is surrounded by agricultural operations or is in an area that is
predominantly used for agriculture or forestry or mining.
.173 Rock crushing and temporary asphalt and concrete batch plants related to
a specific project (one year, with a six month administrative extension allowed), when
within a MRL Overlay District. The term project does not imply that bid contracts have
been awarded.
.174 Plant nurseries and greenhouses for storage, propagation and culture of
plants, including sales as an accessory use provided:.. .
.175 Indoor and outdoor, live commercial entertainment; provided that: .
(38) The existing Section 20.36.252, of the Whatcom County Code is hereby repealed
in its entirety.
16
Exhibit "A"
(39) Section 20.36.253 of the Whatcom County Code is hereby amended as follows:
20.36.253 Maximum density and minimum lot size.
Minimum Lot Size Min. Reserve
Area (Cluster
District Gross Density Conventional I Cluster Subdivisions)
R -2A without public 1 dwelling 2 acres 1 acre 20%
water unit /2 acres
R -2A with public 1 dwelling 2 acres 15,000 sq.ft. 65%
water unit /2 acres
17
R -5A wi#heat -pubf►e
1 dwelling
watef
unit /5 acres
X bibied,140
�t
e�J
Resource INA of
i 5 cr s
OY�7 ay { , Mc ; s 88x1,
R SA with pu lie
watef
q - dwelling
UniVs Beres
Exhibit "A"
5 acres 4- aefeN "o 55%
mm %u
Not appl�cablg No ,miiiim�uiim 7A fo�80�p /o .
rr aefes a 5;A8A�t€9�
R-1 OA die
1 dwelling
10 acres 1 sere, 70%
water
unit/ 10 acres
mlrimurra
�i�sublect to
�ce�otection
i,r�,,n�eltng
unity pce�s
No't aPpJrcable No mnirn�� ZD�to 80�s
a CC2„0`�3�8,�jI
- rtfwe"ing , G Beres 15,666 sq.ftl 8096
water ut 1rn�rq 19 Beres
(40) Subsection (3)(b) of Section 20.36.320 of the Whatcom - County Code is hereby
amended as follows:
(b) When the subarea 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 apecfiycarea' ` "�� } "� "�'� ���) and the full community
involvement process has been gone through, subject to findings that here is no adverse
impact on environmentally sensitive 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.
(41) A new Chapter 20.38, Resource Lands Overlay, is hereby added to the Whatcom
County Code as follows:
Chater 2Qp38
OT�C7 RIY
18
Exhibit "A"
20 38 020 4Applicabil�t���
ThJ' provisions n rural Jands d
ASK
nat�R or R �O or the
official "trap; :(a) ciuts�de tle�signated uXban srowtli bour%clartes, andb)hetl in par{ces of
_,..
20 ;acres" or Jagger.
2Q 8 040 :Der
Maxizi;nt:im densi
(WCC2Q:36)
below:
19
Exhibit "A"
tract,and'.all adjoining parcels or .parcels within 500' °Meet for
the impacts:�esultng. from- normal aril customary agul #P'ra
20
Exhibit "A"
(42) Subsection...055.of Section 20.40.050 of the Whatcom County Code is hereby
amended as follows.
.055 Surface mining subject to Washington State's Surface Mining Act (Chapter
78.44 RCW), and accessory washing and sorting, when within a Mineral Resource Land
Overlay District acable
Yeg-�lations,:
(43) A new Section 20.40.171 is hereby added to the Whatcom County Code in
Chapter 20.40, Agriculture (AG) District, as follows:
(44) Subsection .251 of Section 20.40.250 of the Whatcom County Code is hereby
amended as follows:
.251 All divisions of land in the Agriculture District shall be approved and filed for
21
Exhibit "A"
record prior to sale, in accordance with the local and state subdivision laws. No division
which creates any parcel of less area than 40 acres or less road frontage then 600 f
shall be permitted, unlesrt 1s Bound tobe consistent with .6
shall the following 'elgt
criteria; provided that intensive agriculture shall be determined by considering the amount
of land customarily used for a specific form of agriculture, customary farm gate values for
a specific form of agriculture, soil type and attendant estimated crop production,
agricultural improvements, and the prevailing size of surrounding parcels used for
agricultural operations. Requests for divisions of land in the Agriculture District shall be
reviewed by a technical committee consisting of representatives from land use division,
the planning division, the Soil Conservation Service, and the Washington. State University
Agricultural Cooperative Extension Service... .
(45) A new Section 20.40.668 is hereby added to the Whatcom County Code in
Chapter 20.40, Agriculture (AG) District, as follows:
I uses `h
b` approved
(46) Subsection .067 of Section 20.42.050 of the Whatcom County Code is hereby
amended as follows:
.067 Surface mining subject to Washington State's Surface Mining Act (Chapter
78.44 RCW), and accessory washing and sorting, when within a Mineral Resource Land
Y Spial oiDistrict' subiec #z #flIe�e �ernetsof�11�C207�an Ilpker
,cbe ;r�gulataoriis . v....W, a,
Ig
(47) Section 20.43.010 of the Whatcom County Code is hereby amended as follows:
20.43.010 Purpose
The purpose of this district is to implement the Forestry designation of the
comprehensive plan by providing for and encouraging the long -term
productivity, commercial management and sustained use of forest resources. In addition,
the district provides for uses that are compatible with forestry activities, while maintaining
water- quality and soil productivity.
(48) Subsection .063 of Section 20.43.050 of the Whatcom County Code is hereby
amended as follows:
.063 Surface mining subject to Washington State's Surface Mining Act (Chapter
22
Exhibit "A"
78.44 RCW), and accessory washing and sorting, when within a Mineral Resource Land
E)verlay p� ctal�Zoning Districts subject tto the requ�remen #s fi VCl C O `73 and ali other
(49) Section 20.60.010 of the Whatcom County Code is hereby amended as follows:
20.60.010 Purpose.
The purpose of the Neighborhood Commercial District is to provide for small,
concentrated land areas intended for retail sales of convenience goods and services to
persons residing within a neighborhood trade or service area. An additional purpose of the
district is to provide developmental standards aimed at achieving cohesive, coordinated
development within this district and achieving compatibility between commercial and
surrounding residential uses. The location of the Neighborhood Commercial
District st�el��b� in areas de �tgn�� #ed�s�rna11 Towns and���r�os�sr�ai���Carnrr��r�ia�in�t e
comp��h�h��ve�plar�i�nps�� fly
(50) A new Section 20.60.668 is hereby added to the Whatcom County Code in
Chapter 20.60, Neighborhood Commercial Center (NC) District, as follows:
(5 1) Section 20.63.010 of the Whatcom County Code is hereby amended as follows:
20.63.010 Purpose.
The purpose of the Tourist Commercial District is to supply sufficient areas
arranged in a concentrated form that would allow land use activities which serve the
traveling public. The district shall be located and implemented consistent with the goals,
objectives and policies of the apprepriate stiberee comprehensive plan. The district should
be located near major transportation corridors in such a fashion as to provide safe and
convenient access that would not impact adjacent noncommercial activities. Further, the
district should be in areas where adequate public services such as roads, sewer, water
and drainage are available. The district should provide for uses which normally serve the
traveling public and encourage a type of development which occurs in a well- designed
pattern considering aesthetics and safety.
(52) Section 20.64.010 of the Whatcom County Code is hereby amended as follows:
23
Exhibit "A"
The purpose of the Resort Commercial District is to provide land areas which
through their natural and man -made attributes attract resort activities. The district shall
be located and implemented consistent with the goals, objectives and policies of the
te subarea comprehensive plan. The district should be located in such areas
where adequate public services such as roads, sewer, water and drainage are available,
and be of such size that a viable resort can be established and maintained. The district
should provide for uses normally found in resort areas and encourage the type of
development which occurs in a cohesive fashion and which promotes open space and
other. amenities considered significant for viable resort areas.
(53) Section 20.64.271 of the Whatcom County Code is hereby amended as follows
20.64.271 Maximum density and minimum lot size.
Gross Maximum Minimum Lot Size Min. Reserve
District Density Area (Cluster
Conventional I Cluster Subdivisions)
RC: without either public 1 dwelling unit/ 36,000
sewer or water 1 acre sq.ft.
RC: with either public 2 dwelling 18,000
sewer or water units/ sq.ft.
1 acre
RC: with both public
sewer and water and
stormwater collection
and detention facilities
where identified by the
comprehensive plan
policies
36,000 0%
sq.ft.
15,000 10%
sq.ft.
7 to 22 dwelling 6,000 sq.ft. not apply not apply
units /acre as
given
(54) Subsection (3)(b) of Section 20.64.320 of the Whatcom County Code is hereby
amended as follows:
(b) When the subarea 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
spe��fl�ro�eic� sm- s ) and the full community
involvement process has been gone through, subject to findings that there . is no adverse
impact on environmentally sensitive 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.
24
Exhibit "A"
(55) Section 20.65.010 of the Whatcom County Code is hereby amended as follows:
20.65.010 Purpose.
The purpose of the Gateway Industrial District is to supply sufficient areas arranged
in a concentrated form for land use activities which promote Canadian — American
business activity. In addition, the intent of this district is to encourage land uses. and
associated densities which will be complementary with light impact industrial park
standards while allowing reasonable transition uses of the properties. The district shall
be located and implemented consistent with the goals, objectives and policies of the
te subarea comprehensive plan. The district should be located near. major
international transportation corridors in such a fashion as to provide safe and convenient
access that would not impact adjacent nonindustrial activities. Further, the district should
be in areas where adequate public services including but.not limited to all- weather roads,
public sewer and water and stormwater drainage are available. The district provides for
uses that present a positive development image to business travelers and may provide for
commercial uses that serve the traveling public; however, commercial activities may not
be dependent upon attracting freeway motorists except in areas within 1 /4 mile of the .full
freeway interchange.
(56) A new Chapter 20.71, Resort Area Overlay, is hereby added to the Whatcom
County Code as follows:
Ghapter�0.71
SeEfiions
OF1z1,0 P�rpo'se
25
Exhibit "A"
(57) Section 20.72.250 of the Whatcom County Code is hereby amended to ready as
follows:
20.72.250 Minimum lot size.
.251 Where the cluster subdivision option is used to preserve an environmentally
sensitive area, a parcel size reduction of 5 percent where average parcel size (except the
reserve tract) is less than 10,000 square feet and 10 percent where average parcel size
(except the reserve tract) is 10,000 square feet or more may be granted only if the
resultant lots are able to meet the applicable development standards of this title and other
county ordinances, including setbacks and minimum reserve tract area.
(58) A new Section 20.72.668 is hereby added to the Whatcom County Code in
Chapter 20.72, Point. Roberts Special District, as follows:
(59) A new Chapter 20.74, Cherry Point, is hereby added to the Whatcom County Code
as follows:
CH ERRY�?rt®INTINDUS'T-tRIALbiSTRICT
gel
Exhibit "A”
A��iplica`t�lit�
F'er�mitted RU es'
20:74 04Q Accessory Uses,_
20' 74 6Q 1Vlaster Site „PIan F equ1rernents
27
Exhibit "A"
d
20`070 1Vlini,rrmum Lot,Size':an .l?arcelz�iio
2Q�,74y�Q80 pesign �anda`'�s
28
Exhibit "A"
(60) Section 20.85.020 of the Whatcom County Code is hereby amended as follows:
20.85.020 Applicability.
This chapter is applicable in any zone district w�t�nahUrbai� Groitf�Aea ?dsho
Trlair�tgAea The provisions of this chapter can
be used for any residential, commercial and /or industrial project on property two acres
or greater in sizes aided th"Ok" gnt�al „uses re not E it etl rn the
Prow_ _yrea A planned unit development may be used on property less than two
acres in size when the zoning administrator finds one or more of the following
conditions exists:.. .
(61) A new subsection :125 of Section 20.88. 100 is hereby added to the Whatcom
County Code as follows:
(62) Section 20.89.010 of the Whatcom County Code is hereby amended as follows:
20.89.010 Purpose.
The purpose of this chapter is to establish procedures for the transfer of
residential development rights from one property to another. Where the applicable
subarea comprehensive plan policies and an appropriate overlay zone or zoning map
designation provide the option for transfer of residential development rights, the rights
shall be transferred consistent with the corrip�eh,esiteJasies - pF policies and
requirements. of this ehapter.
The transfer of residential development rights from one property to another is
allowed in order to provide flexibility and better use of land and building techniques; to
help preserve environmentally sensitive areas and open space; to, provide more
equalization of property values between various zones than would normally be the
case; and to work toward achieving county -wide land use planning goals, and the
objectives ofiee�n' "r►`t
(63) Subsection .023 of Section 20.89.020 of the Whatcom County Code is hereby
amended as follows:
.023 Environmentally sensitive areas are areas hates designated in the Crrtaa =�
reaS ¢ tnrce , on the zoning maps, and in other county
regulations as being subject to natural hazards or which support unique, fragile, or
valuable natural resources and are therefore eligible for transfer credits to encourage
no development.
These areas are not necessarily synonymous with environmental sensitive areas
as defined in the State Environmental Policy Act (SEPA).(60) Section 20.85.020
of the Whatcom County Code is hereby amended as follows:
29
Exhibit "A"
(64) Subsection .025 of Section 20.89.020 of the Whatcom County Code is hereby
amended as follows:
.025 Transfer credits are the equivalent of dwelling unit credits except they can
only be transferred to a recipient zone and cannot be used in development of the base
zone to which they were assigned. They are assigned through the c`orprehensie
subarea planning process and appropriate overlay zone(s).
(65) Subsection .031 of Section 20.89.030 of the Whatcom County Code is hereby
amended as follows:
..031 For a property to be eligible for transfer of residential development rights
it must be in a zone district that has been designated as a base zone or recipient zone
through r�ens�e ps policies and by designation either
within an overlay zone or on the official Whatcom County zoning map.
(66) Section 20.92.205 is hereby amended as follows:
20.92.205 Recommended decisions.
The hearing examiner shall conduct an open record hearing and prepare a- record
thereof, and make recommendations to the county council for approval or disapproval
of:
(1) Major project permits;
(2) Planned unit developments;
(-3) Such other . permits as may be required from the county along with
subsections (1)3O' or (h) of this section for a given project. Applications where a
major project permit is required shall be processed as set forth in Chapter 20.88 WCC.
Where the hearing examiner would normally make a final decision to approve or deny
an accompanying permit, the decision shall instead be in the form of a
recommendation and accompany the hearing examiner's recommendation on the major
project permit or planned unit development to the county council for final approval..
(4) Proposed rates and charges or special assessments for lake management
districts.
(67) A new Section 20.97.365 is hereby added to the Whatcom County Code in
Chapter 20.97, Definitions, as follows:
30