HomeMy WebLinkAboutord1998-0187IIATCOM COUNTY COUNCIL AGENDA BILL
NO. 98 -072
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator.: Sylvia Goodwin
(� r(a j-G �/j �,,
►t v
7
JAN 2 1 1998
WHATCOM �COU NT
COi,�i�D
1' 17� 98
Council Introduction
ision Head: Sylvia Goodwin
2/10/98
P & D / Council
Dept. Head: Michael Knapp
2/24/98
Public Hearing
Prosecutor:
1. ILI
Purchasing/Budget:
Executive:
/--J0-�
UBJECT: File Reference: 10 -962T A request to amend the Official Whatcom County Zoning Ordinance, Title 20 to
vise the standards for accessory housing units, the zones and locations where they are permitted and the procedure for
-ocessing applications.
TTACHMENTS. Planning Agency Report
Proposed Ordinance
Draft Planning Commission Minutes
Staff Reports
WMARYSTATEMENT. Please complete sections of box as appropriate & explain the item below.
:elated County contract #: n/a Should Clerk schedule a hearing? NO / X / YES / / Requested date:
.mount budgeted for this item/project: $ n/a Is it (or will it be) within budget? YES /X 1 NO I / (Please explain below) n/a
udget line item number(s): n/a
r( �,t is to adopt an ordinance to replace the Interim Accessory Housing Ordinance to allow accessory dwelling as
:ssory uses and amending locational requirements and approval conditions.
Planning Commission held a public hearing on October 9, 1997 and recommends approval.
GINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends
icil adopt the Planning Commission recommendation.
MITTEE ACTION TAKEN.•
CIL ACTION TAKEN.
998-72 1/27/98: Introduced
2110/98: Held in Council for Public Hearing
2124/98: Held in Committee to next meeting. Public Hearing
scheduled for 3/24
3/10/98: Held in Council for public hearing. Introduced agaun r
3/24/98: Amended & Adopted 7 - 0. Ord. #98 -018
Pile Numbers: AB97 -230 Ordinance or Resolution Number (this item only):
File Ref. 10-962T SPONSORED BY: Barbara Brenner
PROPOSED BY: Brenner
INTRODUCTION DATE: 1/27/98
1 ORDINANCE NO. 98-018
2
3 AMENDING TITLE 20 TO AMEND THE LOCATIONAL REQUIREMENTS,
4 APPROVAL PROCESS AND CONDITIONS FOR ACCESSORY DWELLINGS AND
5 FARMWORKER HOUSING
WHEREAS, an accessory housing ordinance was adopted in February, 1995, amended on
June 15, 1995, which expired on June 15, 1996, and was further amended by Emergency Ordinance. on
May 20, 1997 and by Interim Ordinance on July 15, 1997, which expires on January 15, 1998; and
WHEREAS, the Whatcom County Council has forwarded the Accessory Housing Ordinance 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; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald
on Thursday, September 25, 1997; and
WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on
September 1, 1993, and the current proposal would not result in significant additional impacts; and
WHEREAS, The Planning Commission held a public hearing on the proposal on October 9,
1997 and considered all public testimony; and
WHEREAS, the Planning Commission held public Work Sessions on December 4, 1997 and
January 8, 1998 and recommended approval of the proposed revisions; and
WHEREAS, the Council reviewed the planning Commission's recommendation at a regular
meetings on January 22 and March 10, 1998 and at Planning and Development Committee meetings on
February 10 and 24 and March 10, 1998, held a public hearing on the proposed revisions on March 24,
1998 and approved the Planning Commission's Recommendation with minor revisions; and
WHEREAS, the Council found the amendments in the best interest of the public health; safety,
and welfare, based on the following findings and conclusions:
Findings
1. The allowance of accessory apartments or detached accessory dwelling units can be an effective
tool to encourage the provision of affordable housing.
2. Dramatic density increases are unlikely due to multiple natural and imposed constraints such as
water availability, lot size and orientation, wetlands, expense, the permit approval requirements, and the
limitations placed on use and sale of such units.
1 3. Processing accessory housing units as Conditional Uses has resulted in delay to the applicant and
2 added expense and staff time for little purpose, as the decision is based on specific criteria. Utilizing the
3 Administrative Approval process and specific review criteria is a desirable alternative.
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5 4. The accessory units and the primary structure are required to use a common driveway, to the
6 greatest extent possible.
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8 5. The adequacy of water supply and wastewater disposal systems will be reviewed and approved.
9 by the Environmental Health Department prior to the issuance of a building permit.
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11 6. Automobile trips generated as result of the addition of accessory housing units in rural areas and
12 associated impacts.will be minimized by limiting the size and density of such units.
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14 7. Planned residential density. on Lummi Island is based on the available water supply and
15 additional density is not appropriate.
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17 8. Policies 2S -7 and 2PP -1 require that density bonuses be eliminated in the Lake Whatcom
18 Watershed and call for reduction in densities due to documented and on -going concerns for Lake
19 Whatcom water quality. Properties within the Lake Whatcom Watershed should be excluded from
20 provisions of this ordinance that would allow any increase in density.
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22 9. The Western Washington Growth Management Hearings Board has ruled that generally densities
23 of one unit per two acres and higher in areas outside of established Urban Growth Areas interfere with
24 the goals of the Growth Management Act. (Third Compliance Order No. 94 -009)
25
6 CONCLUSIONS
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28 1. It is clear that there is a need for more affordable housing and farmworker housing in Whatcom
29 County. Approval of text amendments to allow accessory dwelling units in certain areas could
30 contribute to availability of that housing.
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32 2. An increase in residential density outside of urban growth areas may create additional demands
33 for utilities, increase traffic and impact public services, and could impact the character of rural areas.
34
35 3. The Administrative Approval process will streamline the permitting process for accessory units
36 without precluding protection to surrounding property owners.
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38 4. Providing the flexibility in the Lake Whatcom Watershed and on Lummi Island to substitute
39 accessory dwellings for regular dwellings is in keeping with. the water quality goals in these areas,
40 provided -there is no overall increase in density.
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42 5. Accessory Housing units should not be permitted on lots smaller than five acres outside of Urban
43 Growth Areas unless the parcel is large enough to accommodate two dwelling units consistent with the
44 underlying zoning density.
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46 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
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Section 1. The Official Whatcom County Zoning Ordinance, Title 20, is hereby amended as shown in
the attached 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.
Section 3. The impacts of these amendments shall be reviewed by staff and the Planning Commission in
two years and the findings shall be reported to the County Council.
ADOPTED this Z4 day of Ma r n h , 1998.
ATTEST:
a rown- avis, Council Clerk
APPRO ED as to form:
wren Frakes, Civil Deputy Prosecutor
3
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert A. Imhof,
( pproved ()Denied
Pete Kremen, Executive
Date: � d
W. Vii: I W, A
REVISIONS TO TITLE 20: ACCESSORY DWELLING UNITS
URBAN RESIDENTIAL DISTRICT
20.20.130 Administrative Approval .Uses
The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
10 .131 A temporary second dwelling unit of no more than 1,248 square feet in flooarea, in the
11 form of a manufactured home, a fully serviced travel trailer or motor home, to provide:
12 (1) A temporary dwelling space for family members who, due to professionally
13 documented physical or mental disorders, or risks of such disorders, require daily supervision
14 and care where such care is provided by members of the family who reside on the property; or
15 (2)At emporary dwelling space for a person providing care for the resident owner of the
16 subject property when said owner needs daily supervision and care as described in (1) above.
17 Approval Requirements:
18
19 Administrative approval for temporary second dwelling units shall be approved if it is
20 determined that the proposal meets the following requirements:
21 (1) Temporary second dwelling units shall only be permitted on fully serviced parcels on
22 which the applicant can meet setback, ingress., egress, height restrictions, and lot coverage
23 requirements.
4 (2) The size of the temporary dwelling shall be appropriate to the use and size of the
—5 parcel and shall be limited so as to comply with the standards set forth in (1) above.
26 (3) The temporary home shall be connected to an approved water supply and adequate
27 capacity sewage disposal system approved by the Whatcom County health department.
28 (4) When daily care is no longer necessary, the temporary home shall be removed.
29 (5) The permit shall be valid for one year. The permit may be extended on a yearly basis;
30 provided that an affidavit is furnished by the permittee affirming that the circumstances allowing
31 the original permit remain in effect.
32 (6) A covenant shall be filed that restricts sale of the property while the temporary
33 dwelling is in place.
34 (7) The use will not be hazardous or disturbing to existing or future neighboring uses.
35 (8) Evidence of adequate off -street parking space shall be provided.
36 (9) There shall be no occupancy of the temporary dwelling outside the conditions under
37 which the temporary dwelling is permitted pursuant to this section.
38 �10)Ailtnble homes muse demonstrae compiancethvmmirnurnHLTD FireSafety
39 Coded(W�C)
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41 Penalties: False statements or-on supporting documentation submitted with the
42 application or failure to comply with any of the approval requirements may be cause for
43 revocation of the permit and prosecution.
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132 Accessory apartments or °detached accessory dweltitrg units to,single= familydweiliags, provided
that all of the folowia equzfemenfs are met:
1: Izt additioiF an exi _jng - ,O- ' ermined AW014
g _thete shall be =:no more than;one'
accessory,apartment`or detached4ccessor,.y dwelligg:unit,per lots
2 Tile owner(s) 6 W single= family <lot upon whYCh,_the;acc
accessory duuellinguntt xs located shall occupy,as_theirp
the dwelling'unxts oifthaf�
3 Poothat adequate provtstonshaye been ,madeforpotableswaerwastewater disposal,.}
a�dsstor��ater�az�of� ,,�orthem�dditonal dwelhttg umtrminsx be o�btatMrd prior to
ap�phcataon %r:rabuild mgrmit
4
detached acres "sodwcln ~ nits;
5: A-669' -s'ory apartments and detachedaccessory;units shall be clearly asubord natepart of
an �xisti "ng residence;
S In no case shall�an�aceessory,a�artinenf o�etaehed dwelling un�t,be largerYthan�1,24'8
square�feet in flooraea
I;ong plats�and,. o S��p�ats`w�tel�are�,granted after January�25, 1994;Shailb�e��i�;tarlce�d
owners Accessot aparfinentsdie�leda�ecessory dvetltng��s shall bepr�I�xbted
on __
a A11, lat1a royal after]anua X25
1994; unlessfhoseotstaveben specifically markets for sucl7use throihhe
long piat process; .
b All lots with n shorE lats which 're cei�ed4approyal�gfter 034, y , 19&A ut�la ess
x..9�. A ...�
those lots have beenspecif011yarledforsuchuse tlrbnYi�be�shortlat
c:
s vis °ton nnefhod
81 A commgndriveway set ng b t the exisfmg nrtYand'd accessory�unit,sliall be Wised
to'�the greatest:extentj�posstb"�e
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lt) Outside of an: Urban Growth Area; the.minimum,totsize for detached,accessory units
shallefi�re aces -
11' Accessotyrapartments and detached accessory welling'umts to:smgt� familydwelling
are,- allowed withm.the Lake Whatcom, Watershed on lyunder"th6following
clrc S4,
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Detachedaceesstryun7tshall 1%locatedcloser.to the<primaryinit hanto auy adlofnrng
pzopert %line�ulesssiteconstraints "regwre location closer to the propwerty line If ai'
is Allmobi'lehorries mustclemonsfratecompl anewth 4minunum HL1D Fire Safety'
standards and: compliance =with current Waslurigton AdmiristratLVe Code (WAC)`:;
20.20.150 Conditional Uses
ji------ ----- .... �Mrp- m--Vv. Pm.
bttilding permit;
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3 feet;
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5 7. Detaehed aeeessery dwellings must nat exeeed i,000 square feet-,
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7 8. Log pl&ts granted after adoption of this amendment shall be marked, speeifieally,
8 designating lots allowed to be developed with aeeessary apartments or detaehed
9 =f dwelling uttits at the option afthe developer for Future individual owners.
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11 9. A eomman driveway serving both the existing unit and any, aeeessery tmit shall be tt
12 to the greatest extent possible;
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14 io. A deed restrietion is reeorded with the Whateom Gaunty Attditor at the time of building
15 permit issuanee,
16 a. Detaelted aeeessory dwelling units aftd assoeiated land eannot be sold separate!y
l7 From the original dwelling; exeept in the event the zoning is ehanged to anothe
18 zone distriet that wattid permit sueh a land division;
19 b. Gne of the dwellings must be the primary dom i6i le of the Owner.
20
21 URBAN RESIDENTIAL MEDIUM DENSITY
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23 20.22.130 Administrative Approval Uses
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25 The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
26
27 .131 A temporary second dwelling unit of no more than 1,248 square feet in"MIMr area, in the
28 form of a manufactured home, a fully serviced travel trailer or motor home, to provide:
29 (1) A temporary dwelling space for family members who, due to professionally
30 documented physical or mental disorders, or risks of such disorders, require daily supervision
31 and care where such care is provided by members of the family who reside on the property; or
32 (2) A temporary dwelling space for a person providing care for the resident owner of the
33 subject property when said owner needs dai4y supervision and care as described in (1) above.
34 Approval Requirements:
35
36 Administrative approval for temporary second dwelling units shall be approved if it is
37 determined that the proposal meets the following requirements:
38 (1) Temporary second dwelling units shall only be permitted on fully serviced parcels on
39 which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage
40 requirements.
41 (2) The size of the temporary dwelling shall be appropriate to the use and size of the
42 parcel and shall be limited so as to comply with the standards set forth in (1) above.
43 (3) The temporary home shall be connected to an approved water supply and adequate
44 capacity sewage disposal system approved by the Whatcom County health department.
45 (4) When dfti4y care is no longer necessary, the temporary home shall be removed.
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(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.
(1411 mobile homed must dbtnonstrato compliancewtfh muiirnum H�JD Fue Safety
.
Sfandardsand compliancevith currentWashngton Admimsixatiye Cod;(WAt)"
Penalties: False statements er-o 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 detachelac "cesso
1, stmg orpertfed dwelling, there shall £be ao moret(aann`e;
accessory apartment or deta'chedacbessory dwelling unit per lot;.
Theoner( "s�)i%fhesttile fatnl °t� °uvhrclteceessory spa tment or detacled
accessory nit is tocatl ha 1 ce>X as their ritfi�a r ":dom�leratleas# one of
the dwelft units on that loth
a...nu..0
applicati�n���ora '�burldmg,pp�rmit .
4 Wfohr e �rcce�soryapart�ments and or ly one additio b he hal yrie a the housev o om asffe ndn
naence visdr de�et
the front and er
d'eta-�ched ac�cessorx=dwell,�g�ut�i
5 Arc +ssot�drtientsandelacl1accessory oats shall be clearly asbordnatepp o
an existng�r'esdence -
6' In no case shall an accessory apartment or detached dwel lmg,un�tt�be;arger than 1;248`
s ' r& et an'floor area;
.,.
7 = Lon"laats, ptats wh ch are granted afterxJanuary 25,4,?9fl, iialL e marked
specifeally designafngldtsallowed Lobe developed with accessory% apartments of:
owners:' Accessory aparhnents and'detachedccessocy <: dwelling it sshall be-,-.pr,
.
oh= .
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a: All lots 54n long plats u7hLC1�'receLVed preliminary plat approval aftersJartuary 2�
8: A common dri Vey- ay> ervmg bothithe existing un hand any accessory'umt�shall be,"used
.,a ... .
to the greatest; ex #ent':poss�lile
9: A deed restrictLOn shall =be recor004ith the; Whatcom County Auditor prior to building
Accessory apartments andMdetac edaccossb dwellingurixt
c�rctimstances`;
a' Development; o£ ��th�� ,�parce�lw�tl�`�lhe�pr�mary residence and;a�
district m witch §it�sloeatecl Ad�acept properties m the "�sarneownership inay be:
b A11 o£g "the above app.
unit;;reams
42-11 Det�che�d accessory unitshallbeocated cioserflto the prunary umtthantou adtnng
t b�echon from he djacentpropeft ownevagd musrscieerintlie t�nrtto' inun7zev seal
.ate,.
im acts::;
1 A115obile Homes must demonsfrate compliance with minimum Fire Safety;
tandards�and compl ance with current aslungton Adrr riistrati e Code y(WAC,).
20.22.150 Conditional Uses
.161 Aeeessary apartments or detaehed aeeessory dwelling units emeept in the LAe Whateom
Watershed; provided that all of the fell i g . a! requirements are met:
Fv
FEW
18 S. An aeeessery apwitnent shall be elearly ft subordinafe part of an existing resideflee;
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24 8. Log plats granted after adeption of this amendment shall be marked, speeifitally
25 design4ing lots allowed to be developed with aeeessary apartments or detaehed
6 aeeessory dwelling units at the option of the developer for fitture individual owners.
G7
28 9. A eammon driveway serving both the eNisting unit and any'aieeessory unit shall be i
29 to the greatest extent possible;
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31 i 0. A deed restrietion is reeorded with the Whatearn Gottnty Auditor at the titne of building
32
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34 front the original dwelling; emeept in the event the zoning is.ehattged to anothe
35 zone distriet that would permit sueh a land division;
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37
38 URBAN RESIDENTIAL- MIXED
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40 20.24.130 Administrative Approval Uses
41 The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
42
43 .131 A temporary second dwelling unit of no more than 1,248 -square feet in floor area, in the
44 form of a manufactured home, a fully serviced travel trailer or motor home, to provide:
45 (1) A temporary dwelling space for family members who, due to professionally
46 documented physical or mental disorders, or risks of such disorders, require day supervision
47 and care where such care is provided by members of the family who reside on the property; or
7
W. PI I FURNP.MMEMIN
FEW
18 S. An aeeessery apwitnent shall be elearly ft subordinafe part of an existing resideflee;
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24 8. Log plats granted after adeption of this amendment shall be marked, speeifitally
25 design4ing lots allowed to be developed with aeeessary apartments or detaehed
6 aeeessory dwelling units at the option of the developer for fitture individual owners.
G7
28 9. A eammon driveway serving both the eNisting unit and any'aieeessory unit shall be i
29 to the greatest extent possible;
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31 i 0. A deed restrietion is reeorded with the Whatearn Gottnty Auditor at the titne of building
32
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34 front the original dwelling; emeept in the event the zoning is.ehattged to anothe
35 zone distriet that would permit sueh a land division;
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38 URBAN RESIDENTIAL- MIXED
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40 20.24.130 Administrative Approval Uses
41 The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
42
43 .131 A temporary second dwelling unit of no more than 1,248 -square feet in floor area, in the
44 form of a manufactured home, a fully serviced travel trailer or motor home, to provide:
45 (1) A temporary dwelling space for family members who, due to professionally
46 documented physical or mental disorders, or risks of such disorders, require day supervision
47 and care where such care is provided by members of the family who reside on the property; or
7
1 (2) A temporary dwelling space for a person providing care for the resident owner of the
2 subject property when said owner needsg supervision and care as described in (1) above.
3 Approval Requirements:
4
5 Administrative approval for temporary second dwelling units shall be approved if it is
6 determined that the proposal meets the following requirements:
7 (1) Temporary second dwelling units shall only be permitted on fully serviced parcels on
8 which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage
9 requirements.
10 (2) The size of the temporary dwelling shall be appropriate to the use and size of the
11 parcel and shall be limited so as to comply with the standards set forth in (1) above.
12 (3) The temporary home shall be connected to -an approved water supply and adequate
13 capacity sewage disposal system approved by the Whatcom County health department.
14 (4) When dai4y care is no longer necessary, the temporary home shall be removed.
15 (5) The permit shall be valid for one year. The permit may be extended on a yearly basis;
.16 provided that an affidavit is furnished by the permittee affirming that the circumstances allowing
.17 the original permit remain in effect.
.18. (6) A covenant shall be filed that restricts sale of the property while the temporary
19 dwelling is in place.
20 (7) The use will not be hazardous or disturbing to existing or future neighboring uses.
21 (8) Evidence of adequate off - street parking space shall be provided.
22 (9) There shall be no occupancy of the temporary dwelling outside the conditions under
23 which the temporary dwelling is permitted pursuant to this section.
241'A�1 mobiles 1iomes must demonsfrate compliancewith mmimulnjHUD Fire Safety;
25 Standaidsancl compliance withcurret ' a hngo Admirusttative Code (WAC)
26
27 Penalties: False statements er on supporting documentation submitted with the
28 application or failure to comply with any of the approval requirements may be cause for
29 revocation of the permit and prosecution.
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31 134 AeRcessoryapartments or detached accessory dwelling *girt to single faintly dwe111ngs, provided
,. .
32 thaallothefol�owingbegmenfs ;aremet<
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34 1 In aaa�>oto an e�cisting or permiifed dwellingliere shall beano more than 6ae
m,.
35 accessory apartmentr detached accessory dwelling unit per lob;
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37 2. The owners) of the smglesfarr�ily lot,up6n whicfi;the aceesoryapartment,ordetached'
38 accessory dwellmg d- ft is k- it dsshall;oecupy as their ;- pr�mary':domic leat.least,one of
_ ,,
39 the dwelling.vnits ori''that'lot
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41 3, Proof thatadequate provisions have been made for.potable.water, wastewater disposal; ;
42 and storinwateixunoff %rtheaddxtioual.dwellmg unitmust be,obtained.pr orlo
43 appl�calion fot a building permit;
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There,shall,,,'b, y one front entrance to the hous b,le fromVie front yai and street
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For accessoryapartments and onone additional entrance visibleromthe front yardfor
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detached accessory dwel"g units
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Accessory apartments <and`'detached - accessory pnits`shall be clearly a subordinate part of
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an existing residence;
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IN no case shall,an acFeessoryape ►tordetachedbd�velling ur%�t be larger than 1;24$
.. U..��
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square.feet in #]oor area;
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ISongp "lats and short plats which are granted aftet:January 25; 1994, slail'be marked;
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specifically designat>g lots allowdto be ;developed .with acces s.or
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detached accessory dv�ellmgnrtsatthe option of the developer for fuSreindiuidual
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owne>'sAccessoryapartmen accessarydwelhng ^unitsslilallbe prok�>.bilted
za�idetached
on
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a: All lots in long platswhieh received preliminary plat approvafteranua5
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1994, unless those dots have been pecifically marked for such�se Through ;the;
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long plat process
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b AlHI ots within shortplats which receluedapproval aftetJanuaryt25 1994, ui1less
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« ...
thoseflots ha e been specifcally mark'e for such use - through' he hort:plat
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rocess:
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e: All reserve tracts within��on,`g pltsand short plats�creaYeed bytthe cluster
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subdiv n method;;
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A common driveway serving both the existing unit and'any accessoryunitshall be,_used
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to the neat st exhent ossible
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Adeed restxicton shall be recorded with theatcom County Auditor prior to building
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permit issuance; stating:
30.
`. Detached accessory dwellingun is and:assocyated land cannot'be- SMdYseparate y
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from the original dwelling; exceptjm ttie;e,v 't Elie zoriiig pertnrts sucA a I n "d
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diuision,an�d
. �..
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wellings.must be he pritnarydomii ile of the owner:
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35
X1.0cessoryap
entsaandched accessocy�dvyell�ngunits tosingleam =ilydwelltngs
36
areallowed��vhrhLakeWhacoriJa�ershed5only undeefo7lo`g
37
ercumstapces'y
38
39
a Deuelopn}ent of theparcel�ththeprimary residence and accessorypai lment
M
40
., .
or detached accessory +elling shall conform,,, co ie density of the zoning
41
district in hlch,it is ]"c"ar"ed ehf- "'o ernes in the same owfiership mayihe
42
bound bycovenantto comply ""h 'h underlying zoning density; aril
43
b.: All of the above approval requirements shall bermet foe —l" long as °"cessory
44
unit temamss
45
46
1
Detached;accessory'unrts shall be located closer to the primary unit han tbtarry ad�ojnm
E
1
2
3
4
5
6
7
8
10
11
12
13
14
15
property hnesu`nless site consttamts require locatoai :closer to an
accessory untts tocatedcloser t a"' cent property line than to the primary dwelling
or within 50 feet or! acjommg property; the apphcant:must "provideYa statemerit.ofnon;
ob3ection from the "ad�acent"Rprope ""y
impacts::
LZ A11 mobile homes must demonstrate compliance with minimum HUD Fire Safety''
...hx.
standards an §d complianceth current!: W�ashm�gton Administrative' Code �WAC):
RESIDENTIAL RURAL
20.32.130 Administrative Approval Uses
The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
16 .131 A temporary second dwelling unit of no more than 1,248 ",square feet in floof "area, in the
17 form of a manufactured home, a fully serviced travel trailer or motor home, to provide:
18 (1) A temporary dwelling space for family members who, due to professionally
19 documented physical or mental disorders, or risks of such disorders, require daily supervision
20 and care where such care is provided by members of the family who reside on the property; or
21 (2) A temporary dwelling space for a person providing care for the resident owner of the
22 subject property when said owner needs daffy supervision and care as described in (1) above.
23 Approval Requirements:
24
25 Administrative approval for temporary second dwelling units shall be approved if it is
26 determined that the proposal meets the following requirements:
27 (1) Temporary second dwelling units shall only be permitted on fully serviced parcels on
28 which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage
29 requirements.
30 (2) The size of the temporary dwelling shall be appropriate to the use and size of the
31 parcel and shall be limited so as to comply with the. standards set forth in (1) above. -
32" (3) The temporary home shall be connected to an approved water supply and adequate
33 capacity sewage disposal system approved by the Whatcom County health department.
34 (4) When care is no longer necessary, the temporary home shall be removed.
35 (5) The permit shall be valid for one year. The "permit may be extended on a yearly basis;
36 provided that an affidavit is furnished by the permittee affirming that the circumstances allowing
37 the original permit remain in effect.
38 (6) A covenant shall be filed that restricts sale of the property while the temporary
39 dwelling is in place.
40 (7) The use will not be hazardous or disturbing to existing or future neighboring uses.
41 (8) Evidence of adequate off - street parking space shall be provided.
42 (9) There shall be no occupancy of the temporary dwelling outside the conditions under
43 which the temporary dwelling is permitted pursuant to this section.
44 1`0 All.mob le homes 'm .t>demonstrate coriipliance with mmimum HUD Fire Safety
(`
10
1 Stan ds and cor> l ance v th current Was#ington Administrative Coder(W .
2 Penalties: False statements or-Oh supporting documentation submitted with the
3 application or failure to comply with any of the approval requirements may be cause for
4 revocation of the permit and prosecution.
5
6 1F32 Accessory apartments or detached accessory dwelling uri is to single= famtly.dwelliitg "s, provided;
- , _ �....,....
7 that all of the following requrements amore met:
W ... _..,... .....
8
9 F1` Itaddition town eistritg or permitted dwelling, there shall be ro more than one
_-0. _ .
10 accessory apartment:'or detached accessory" dwelling unit per :lot;`
11
:12 2 Theowner(s) of the single family lot upon which the accessoryapartinent or detached
13 'accessorydwelhnguniis locateds7ia11 occupyas °their prunary d'omtcile at l'e'ast one of
14 the dwelling irtsonthat lot;
15
16 goof thatadetatepoisiorish�aoe been madefor potable water; wase�vater disposal,_
17 artdstormater`runofffortthe additional dwelltng unit must be obtatnedprio to
18 applicationfor a build>ng perriit
19
20 A: There a i ble from; the front yard and street
a
21 for accessory apartments and �nlyone additional entrance`visible from the front yard for
22 detached accessory dwelhngmunits;
23
24 5 Accessory apaitments and detached accessory units shal.lbe'clear7y asubordnate part of
5 an existing residence;
6
27 b In nocase shall man accessory apairrient or;detaced dwelling t%ntt be larger than 1,24 "8:
28 s! at feet in floor are '
29
30 7 Long plats anshort plats whh are 'granted affer;Januaryr25; ]994, =shall bemarked;
31 specifically deesLgnatirig 16fsa1164ed fo be developed with accessory aparhn nts or
32 detached,acces"s6r :,dwelling�:units;at::the option- ofthe.developer for "future individual
33 owners. ,Accessory - apartments and detached accessory dwelliiig- uiiits shall be prof btted
35 a: All ved preliminary, plat approvalafter Ja" nu 'af 25
36 =1994tffi- ess Those lots tav be n specifically iriarked:for s ela ise through f}ie
37 lofip`latrocs
38 b. All lots within short plats - hibVi- eceived approval after January 25,;994, unless
$9 thole lots ha e been specifically marked for suoh use tl rough�.the short plat
40 process;
41 C. All re'serve'tracts within long plats and 'short plats;creat6d by`thb cluster
42 subdiys>on;inethod:
43
44 A common driveway'servirig both ":the e-xist ng.unitand any accessory unitshall =be used
45 to the'greatestextent'possible-
46
11
1
9
A deed restrictiort4shall be recorded wtth:the Whatcom County 4d prior to building
_.
2
,.
_.
permttissuance, stat�iW
3
a: Detached accessory dwelhtxg units and associated land cannot be ,f anced.or
4
sold separately frorri'IN original dwelling, .except to the event thegzonmg permits
5
such Aland di'vtston and
6
b: One of the dweLhngs must be the,prt�nary domicile of,,tlie owner;
7
8
JD.
Osdebf,an'Urban Growth;,Arm for detachedacc
9
shall be five acres unless theparcel �s large enough to:accomo¢atetwo dwelling units
10
consistent with the underLyingzong density .
11
12
11
Accessory apartments and detached accessory dwelling units torstngle &family dwellings
13
are allowed within the Lake Whatcom Watershed oily under the following
14
circumstances:
16
A. Development o. !j(p rcel ;with the, prtmary:res dence ai d accessory apath, "'t
17
or detached accessory dwel,ltng shall conform to the density oftlte tiontng
18
dtstrtc "tam which tt,is located AdJacent properties to the same ownership maybe
M -. =
19
bound by covenant to comply wrth the underlying zoning den'slty; an'
20
b_ All oflft` above appioval egwrerrtents shall be —t for.so loiigyasxlie accessory
21
unit remains':
22
23
12
Detached accessory units shall belocated closPerto tlie;prtmaryunttthan to:any adjoining
24
property line unloss,,, site coi}straints require locatton,eloser to the property line Ifan;
25
accessory unit is located closer to art adjacent pr "operty;line than to theprfmacy dwelhrg
26
or with n 50 feet of an ad�ommgproperty; the applicant must proutde -a statement ofnon=
27
objection from the adacentproperty owner and " =must screen the unit to minimize visual
28
impacts."
29
30
13r
X11 mobile homes must demonstrate compliance withtrutumumHUD Fire Safety
31
Standarcls,and comlanee with currentWashtngton Adminstratte Code (WAC)
32
33
34
20.32.150 Conditional Uses
35
36
Aeee
detaehed dwelling in Lake Whateem
.158
nts or aeeessory units exeept the
37
.
38
39
i.
in dwelling, be !at
addition to an existing or permitted there shall no more than one per
40
4the following., temporary seeond dwelling, aeeessory, apartment or detae
41
,
42
43
2.
The family, lot the detaelted
owner(s) of the single upott aeeessary, apartment or
44
ry dwelling tmit is loeated shall oeetipy, as their primary domieile at least one of
45
the dweiling units on that lot;
46
12
1 3. Adequate provision has been made for the disposal of sewage, waste, and stormwater
2 runaff generated by the oeettpaney of stteh meessary units. For units,
3 availability fbr the additional dwelling unit must be obtained prior to applieation for
4 permit
5
6 4. T+ere shall be only one (1) ftont entranee to the house visible From the front yard and
7 street fe I Partments and only one additional entranee visible ftom the fro
8
9
10 S. An aeee nt shall be elearly, a subordinate part of an existing residenee;
11
12 6. in no ease shall an ae ent be larger than 1,000 square feet;
13
14 ,
15
16 8. Lag plats granted after adoption of this amendinent shall be marked,
17 designating lots allowed to be developed with tteeessory, apartments or detaehed
78 y dwelling units at the option of the developer for ftttttre individual ev'Mers.
19
20 9. A eammon driveway serving both the existing tinit and an� itit shall be us
21 to the greatest extent possible;
22
23
24 pertnit issuanee,
statiw-
25 a. Betaehed aeeessory dwelling units and assoeiated !an eannot be sold separately
.i &otn the original dwelling; exeept in the event the zoning is ehanged to another
27 zone distriet.that would permit stteh a land division;
28 .
29
30 RURAL RESIDENTIAL ISLAND
31
32 20.34.130 Administrative Approval Uses:
33 The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
34
35 .131 A temporary second dwelling unit of no more than 1,248: square feet in floor�area, in the
36 form of a manufactured home, a fully serviced travel trailer or motor home, to provide:
37 (1) A temporary.dwelling space for family members who, due to professionally
38 documented physical or mental disorders, or risks of such disorders, require daily supervision
39 and care where such care is provided by members of the family who reside on the property; or
40 -(2) A temporary dwelling space for a person providing care for the resident owner of the
41 subject property when said owner needs -daily supervision and care as described in (1) above.
42 Approval Requirements:
43
44 Administrative approval for temporary second dwelling units shall be approved if it is
45 determined that the proposal meets the following requirements:
13
1 (1) Temporary second dwelling units shall only be permitted on fully serviced parcels on
2 which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage
3 requirements.
4 (2) The size of the temporary dwelling shall be appropriate to the use and size of the
5 parcel and shall be limited so as to comply with the standards set forth in (1) above.
6 (3) The temporary home shall be connected to an approved water supply and adequate
7 capacity sewage disposal system approved by the Whatcom County health department.
8 (4) When dai4y care is no longer necessary, the temporary home shall be removed.
9 (5) The permit shall be valid for one year. The permit may be extended on a yearly basis;
10 provided that an affidavit is furnished by the permittee affirming that the circumstances allowing
11 the original permit remain in effect.
12 (6) A covenant shall be filed that restricts sale of the property while the temporary
13 dwelling is in place.
14 (7) The use will not be hazardous or disturbing to existing or future neighboring uses.
15 (8) Evidence of adequate off - street parking space shall be provided.
16 (9) There shall be no occupancy of the temporary dwelling outside the conditions under
'17 which the temporary dwelling is permitted pursuant to this section.
18 (10) �i mobile ho es oust dem nstrate compliane0 with inmirnum HUD Fire Safety
19 5tanaarasana 'compliancethourxent 'Washington Ad�rustrative Cod�(WAG):
20 Penalties: False statements or-on supporting documentation submitted with the
21 application or failure to comply with any of the approval requirements may be cause for
22 revocation of the permit and prosecution.
23
24 -4132 At�ccess oryV_ arhnentsr�etahedaccessory�dwelinga "nits to:s'ingle� fatn�ly "dwellings, prOVIded
25 that all of the followmgequrmentsare met :=
..,v.,n . ....., ....mom. �..
26
27 1 In addition #ojanettirgior perxnitked dvve)1ing, there"shall be�cio mode than otie
28 accessory apa FAdtd6hed4qdcess6iY lling unit ?-per lot;
29
30 2 fhe,oner(s, ohes }ngle 1 atnily lot uponch the accessory apat trri'ent brdetaGhed
31 ac es �i l tilling u �s loca d sh ll�occupy as` =the`ir primary clomic�le at least c e; sgf
�._ �,
32 llingunits §ohthat lot;
33
34 3: Proohaladqute�zoxstons` tha�eeepadeorpotabebYatsr wastewatexsposal
35 aiidirnvvaterncif% for th`e addrtOnai-ldwelgun�t must be obfa�necl prioro
>. �... M_....,...
36 application for a�huildtng permit;
37
38 4. Thezeyshall be only,o e front entrance to ttoouse,visible from; the front yard and street
;r.
39 for access ry apartme is ndKonLy ne additional entrance visttiie frorii the front yarclT_ t
40 detached acc °essory_dljiiig units,"
41
42 1 Accessory apartments;and:detached accessory units shall be clearly a- subordinateTartrof
3 an eist-ingir`esdence
44
14
2
3
4
5
6
.7
8
9
10
11
12
13
-14
15
16
17
18
19
20
21
22
23
24
25
5
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
�3
44
45
46
47
6 In no case shallanaccessoryaparttnent d4wel li q 9(jj 2- 0
A.
square feet in flo'or�ar
7. Long plats and short, plats which ',,are granted after January 25,.1994,' shall
;E A common driveway serving;
, 4t tg,um t and .any.accessory. unit :shall - bbu
sed
to the ',greatest ektent.p.pssible;
-b6,'r&cord6d with h4tconi County .Auditor p4 'b"Id'n'
ter. A d- d �shdll Ul
restriction
building
. . . . ....... x.
M Ii
of an APPO"110" ess s
shall ?b f V unless parcel "
--- ugh ,., tq,accoho at& its
consistent . M........ th16--i-dB" density; ' '
N
to siztgle:familydwe�lings.
bound by 'o " ' - nt to compl with,the -
z
density, and
halL be:metforso long as ti
unit remains'
J� ning
q2,4 -tq� jii
S property .,,' an
0*
AcC5�s v lilm.
U4"Mp" y fine t4
-pro .. p . ert . y, .. t,e p I e
astate'""" t0:11OR-.
or Within 5 0 feet of an A'-d-' h applicant must prgy.
objection froffi-thi--ddjadeht,p
&ty,ownd,r and -must screen o,mmmijze'-,.,visual
impacts.
15
15 the dwelling units an that lat-,
• Adequate provision has beett made for the disposal of sewage, _ _
•
• runoff generated by the oeeupaney of stteh aeeessary units. For units, potable
19 avai6bility for the additional dwelling unit must be obtained prior to applieatiett for
• building permit;
.22 4. T+ere shall be ortly otte (1) frafit entrattee'to the house visible ftom the ft-atit yard and
23 street for i apartments one i visible ftotn the i
I fbr detaehed aeeessary
• An aeeessary apartment shall be elearly a subordinate
• " `din •i •ii m ••�i�:�r••e� �i�••r•••�wi�ui��i t•r••iv •i,:��
`&O,
J
30 ,
31
32 , speeifiettily
33 designating lots allowed to be developed with . I . . rtments or detaelted
34 .
35
36 9. A eommon driveway serving both the existing ... it and arty,ae essory uttit shall be used
37 ,
88
39 40. A deed restrietiort is reeorded with the Whateom Gounty Audit4 at the time of building
40 pqrtnit issuanee,
stating-
41 a. Detaehed aeeessary dwelling units and assoeiated land eannot be sold separately
42 from the original dwelling, exeept in the event the zoning is ehanged to another
43 zone distriet that would permit sueh a land division;
44
45
46 RURAL DISTRICT
47
16
1 20.36.130 Administrative Approval" Uses
2
3 The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
4
5 .131 A temporary second dwelling unit of no more than 1,24&:square feet in fl, area, in the
6 form of a manufactured home, a fully serviced travel trailer or motor home, to provide:
7 (1) A temporary dwelling space for family members who, due to professionally
8 documented physical or mental disorders, or risks of such disorders, require daiir supervision
9 and care where such care is provided by members of the family who reside on the property; or
10 (2)'A temporary dwelling space for a person providing care for the resident owner of the
11 subject property when said owner needs dai4y supervision and care as described in (1) above.
12 Approval Requirements:
13
14 Administrative approval for temporary second dwelling units shall be approved if it is
15 determined that the proposal meets the following requirements:
16 (1) Temporary second dwelling units shall only be permitted on fully serviced parcels on
17 which the. applicant can meet setback, ingress, egress, height restrictions, and lot coverage
18 requirements.
19 (2) The size of the temporary dwelling shall be appropriate to the use and size of the
20 parcel and shall be limited so as to comply with the standards set forth in (1) above.
21 (3) The temporary home shall be connected to an approved water supply and adequate
22 capacity sewage disposal system approved by the Whatcom County health department.
23 (4) When day 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;
25 provided that. an affidavit is furnished by the permittee affirming that the circumstances allowing
26 the original permit remain in effect.
27 (6) A covenant shall be filed that restricts sale of the property while the temporary
28 dwelling is in place.
29 (7) The use will not be hazardous or disturbing to existing or future neighboring uses.
30 (8) Evidence of adequate off -street parking space shall be provided.
31 (9) There shall be no occupancy of the temporary dwelling outside the conditions under
32 which the temporary dwelling is permitted pursuant to this section.
33 n�� " °mp�ianrth ttun�rurrefdT
34 dads` dompliance3i�hcurret ah�gton Adn�trirative.Code(W
35 Penalties: False statements or bo supporting documentation submitted with the
36 application or failure to comply with any of the approval requirements may be cause for
37 revocation of the permit and prosecution.
38
39 13L c essory apartments +or detached accessorydwelli gun is to'sing e: family dwelling roVided
40h ilsfhe follow�n �requree>saremet.
42 1 In, ;addrtton to 4iff fisting or perm tted dwelling, wthere sh "al l be" <rio more than one
-.: p
43 accessory apartment.or detached acres, "sory "dwelling unit. per "_lot,:
44
17
2; The ow:ner(s) of the singlefamily lo h essoryaparment uw t or detached
ccery dwellm unitislcated shall occupy as their;prrmarydomieile at leastone of
tl���dwe�llrng urirts on= �iiai���t�=
3. Pcoofthat adequate;provxsions have:been:inade for potable wa't ",er; wastewaterd�sposal,
n'd sto n ateria noff or he additional dwelling upit must be gbta7ned prior4o
�p�pl�cat�Qn,fbr':'a �u�ldm`�p�ertrx�
4�� Tl���esl�all,be.�olry o e t�ent�nce��othg���ou�se visible from °the front yard and atreef
fb asso aartmen�ts aildo y
,az�c addtional entrance vrsrble fro the front ardfor:
defa�led�acces.iy dwell ritg>unrts
Sc�c�ss+atits; aciddetacedaccessory ixnts steal l be clearly sb�prdnafepartc£
6, �o casbha�lancesozyparttnbnt Ord beaXger fhan�,Ll8:
j .
square,feet�in�,on�area:
7_ I ong,plats ati 1 short plats tivhich re granted after January 25, 1994, shaillbe marked;
sp veloped with accessory apartments or.
detuched�c'desso�dvyelh�g �n�ts �t�thex�option o�the �de'�elo�ieror�.futttre mdi�idual
owners r, Accestiar�tments ry dwe7hnguntts shalleprob
0
a All lots �n�`1og��afs'�li c fed .e man lath h by�.lkafter Ja uaz
1994,nlessroseofsli _end ci�dllyriarl cedorchfiisethroughthe
b`
p�oces�>
c Allree�rvetracts within lgrig platsand sh prt.plats;,i
8: comrnon�irivewayervmg both the existing unit acid any accessory,wunrt shall be used
b
t'o�the greatest�xtent�oSsible
91deeedr�ili�hal��brecoedvat1�' thee► a# com'CountyAudrtarpr�ortobuldin'g
jer�rt,xssuan�ee��tatan°�:-
A.' - it ` and assWated land cannot be fman�ced oz
" sold��eprate�lyfrom�the�origm�l�dyuellmg �except�m {the event�fh� �zonmg��nx
such alaiid diersroi acid
b One of the dllins,mtistbe thesprimary;domicile of:liewrier:
10utsrdeEof an Urbano hzAreathe mrrimum plot s�ze;fon>detacheaccessoryunifs
�.._
r
shall be "fivesacres unless the parcelislar "ge enough "toaccotriinodatee two .dwellmg�trilts
c4onsrstent wrtl? the urderl}�� "rig zon�g density;
iff
1
11
A, aparttx ents4ar d detached acc�ess�iy dwellingTunits to sFtngle family dwe�ltngs
2
ie allowed within the Lake, =Whate m Wate shed, only under ftie, "',"'J"'t
3
circumstances::
4
5
ak De0plla ,. o fthey" arse nth the r mary:residenee<and a *cessory apartm_eri't:
1
6
ordetahedecessory dwellmgshall conorm to;the dens�fyofthe zoning
7
iisfict m which if �s located adjacent propert "ies m fhe same ownership =may be'
8
bow INANO, �e5uiiderlyit,I zgn nig4dens�ty,
9
b ; l f #1 e abo e ptoval iequ rem is shat] be ml for so op"s t accessory
10
Onterna s;
11
l2
etaohed access is al e dated tit er to the pdih ry.�unit than fo any d�oining
h.,.. L?zv.'z., ?L.3.4'.'.,,,
13
,....:..
... +".4Y5F. a... •:a.f ...a. ,,. ,... F .e ..: ....... ,.',..
Wp tift e f sproperty lfnez i ai
14
arc essor}�riits�oatedc�ose cauya�xo'erty line than totkertnarydwelhng
1 5
ct�w�thYn50feeio'��an adaoinmgprij party, he�ppltcantinust�prov�de�a�stat�r��ntbir4in
16
objection �from'thead�acent proy oner anted must screen the unit, tommrngevisual
17
18
19
43
Allmoblle�li�m :with m7nimum;HUD Fire Safefy
20
hington Admirustratlue �CQ (WAC)
21
22
.20.36.150 Conditional Uses
23
Aeeessory
detaehed dwelling in Lake
.169
apartments or aeeessery units emeept the Whatearn
24
, provided
that all of the following approval repirements are i
?5
3
be
, there shall no more than one per lot.
27
,
28
aeeessary dwelling unit;
29
30
31
. aeeessery dwelling ttttit is laeated shall oeeppy as their primary datnieile at least one o
32
,
33
34
has been for disposal
3.
Adequate provision made the of sewage, waste, and stormwate
35
rtmoff generated by the oeeupaney of sueh aeeessary units. For units, p potable water
36
availabillity for the additional dwelling unit must be obtained prior to applieation for
37
hermit;
38
39
4.
44tere be f house From front
shall ottly one (4) rent.entranee to the visible the yard and
40
street for weessary apartments and only one additional entranee. visible from the fro
41
yard for detaebed aeeessory dwelling units;
42
S.
An be
43
aeeessory apartment shall elearly a subordinate part of an existing residenee-,
44
45
6.
in be iftrger than 1,000 feet;
no ease shall an aeeessary apartment square
46
47
7.
Betaehed aeeessory dwellings must not exeeed 1,000 square feet-,
19
1 8. Log plats granted aRer ftdaption of this atnendment shall be marked, speeifieaHy
2 designating lots allowed to be developed with aeeessary apartments or detaehed
3 .
4
5 9. A eemmen driveway serving both the existing unit and afty aeeessary unit shall be used
6 to the greatest extent possible;
7
8 io. A deed restrietion is reeorded with the Whateom Gatinty Auditor at the time of bttilding
9 permit issuanee,
10 a. Betaelted aeeessory dwelling uttits and asseeiated land eannot be sold separately
11 from the original dwelling; exeept in the event the zatting is ehanged to anat
12 onedistriet that would perntit stielt a land division;
13 .
14
15 AGRICULTURE
16 20.40.100 Accessory uses.
17
18 .102 A1 Temporarysingle- family detached dwellings; sn the form of.manufactured - homes;
19 iu1ly ery ced travel trailers or lna °t'or liomes, sha11 be permitted as �, ..._ �.. �� .� ......M accessory uses provided:
20 (1) All dwellings on the property will be occupied by persons and families engaged in the
21 ownership and /or operation of the farm;
22 (2) A deed restriction recorded with the Whatcom County auditor is attached to the dwelling at
23 the time of building permit issuance, stating that the dwellings cannot be sold separately from the farm;
24 except as provided for in WCC 20.40.250 of the Agriculture District, or in the event the zone is changed
25 to another zone district that would permit the land division;
26 .(3) All land not occupied in homesites shall be kept in primary permitted uses;
27 (4) T+e titles -of all adjoining lands in the same avmership and havittg boundaries in eommott
28 have been eonselid-ntM-1 by reearding of a new deed whieh unifies the deseriptions of the Adjoining
29 pareels so they are no longer divided;
30eota�number�ofdtizttonal�detaclled szngemild�vellags on _a parcel shall` notyexeeed.
31 #htb be a ryes t%h�i + erxv at least 50 °fo pi Hear ann alth6btil oli hicott a fro . owner hip- and/or.
32 ohothe farm verif able�bnW'2 formsupon request:
33S'.mobile homes hiust7demonstrate comb ance with nununum HU WS,
.._
34 S �" com l ce ethingfo : administrative rodeAC)
35f mtor�arv_se"coric� llen; �halioaaeermrit3onfille %vicedparcels on
36 o P eancanee e a��gess,gres," eight res�l rions,an klat coverage
37
q74 e enis;
� ' .
38 to the use anti size o tle
39 paree ancshllnotexcee� $OOsquareeetanilcorareaz':
408)The temporary home shall be cQnnected#oan °approved ;`water supply; and adequate
41 capacx€ se age d��posa� system eapprovel`by the W�a #com Cqunty health department:
42 (9The asxvill�not bye hazardous b� disturbing to:existing ;or future.rreighboririg uses,
43T'0= An affidavit sworn before a notary public is filed with the application for a building permit
44 to verify compliance with all of the above cor►diti'-
45;11 There shall be rio occupancy of the;fiemporary dwelling: outside the conditions under
46 which The' Temporary dwelling is permitted pursuant to this seotan.
20 .
1 ( en farm leer bus rho lo' ecessary, the temporary home sl all;be
2 reed
3
4
5 20.40.130 Administrative Approval Uses
6 The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235..
7
8 .131 A temporary second dwelling unit of no more than 1,248 square feet in fI oor area, in the
9 form of a manufactured home, a fully serviced travel trailer or motor home, to provide:
10 (1) A temporary dwelling space for family members who, due to professionally
11 documented physical or mental disorders, or risks of such disorders, require daily- supervision
12 and care where such care is provided by members of the family who reside on the property; or
13 (2) A temporary dwelling space for a person providing care for the resident owner of the
14 subject property when said owner needs daily supervision and care as described in (1) above.
15 Approval Requirements:
16
17 Administrative approval for temporary second dwelling units shall be approved if it is
18 determined that the proposal meets the following requirements:
19 (1) Temporary second dwelling units shall only be permitted on fully serviced parcels on
20 which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage
21 requirements.
22 (2) The size of the temporary dwelling shall be appropriate to the use and size of the
23 parcel and shall be limited so as to comply with the standards set forth in (1) above.
1 (3) The temporary home shall be connected to an approved water supply and adequate
2-5 capacity sewage disposal system approved by the Whatcom County health department.
26 (4) When-daily care is no longer necessary, the temporary home shall be removed.
27 (5) The permit shall be valid for one year. The permit may be extended on a yearly basis;
28 provided that an affidavit is furnished by the permittee affirming that the circumstances allowing
29 the original permit remain in effect.
30 (6) A covenant shall be filed that restricts sale of the property while the temporary
31 dwelling is in place.
32 (7) The use will not be hazardous or disturbing to existing or future neighboring uses.
33 (8) Evidence of adequate off -street parking space shall be provided.
34 (9) There shall be no occupancy of the temporary dwelling outside the conditions under
35 which the temporary dwelling is permitted pursuant to this section.
36 () lobi�lo�orn tad s1aeanpharice thrnimrntm DF1re'Safet
37 hance w irust ovb' Code';(WAC)
38 Penalties: False statements er on supporting documentation submitted with the
39 application or failure to comply with any of the approval requirements may be cause for
40 revocation of the permit and prosecution.
41
42 132 Accessory apartments^or detached accessory.,, dwelling un is to single-family dwellings, prow'
43 thatallftl�eollowtnre4uremerifsare��riet'
21
L
2
accessoryaatxnent 'of A
3,1. RMAKA -water,
W ib[
teistngesdence
dwelling 04
Pty,
a, l3etae� "Naftfin "nMM
V 9,
,iMqj ,"";
42 ll� A1�nob�le homes must demonstrate compl�uce with Yrunmum HLTD Fireafely
compliance S o C
43 st�
44
45 20.40.150 Conditional uses
46 155. Multiple-family attached or clustered housing or camping facilities to accommodate
47 seasonal agricultural employees provided:
22
1 (1) In addition to any other setback requirements contained herein, such multifamily
2 facilities shall be located at least 150 feet from any existing dwelling not on the same property
3 and 50 feet from any property line; and
4 (2) Such facilities shall conform with applicable building and health regulations; and
5 . (3) Such facilities shall be occupied only by agricultural employees and their immediate
6 families.
7
8
10
11.
12
13
14
15
16
17
18
19
?0
21
22
23
_4
45
(4)�`h��nurnberof hoa�ng�units provtded���ii�a oesnQ�te�eceed�fl�eabe�r pf�farn
wor �empl��yed on�#hat parc�'eid� rang the `�rc�wn`�g�andiac�v�st`sea�on
RURAL FORESTRY DISTRICT
20.42.130 Administrative Approval Uses
The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
^��1 A�temporary�second d�elhng�timt of n, ooreA tha% 1,248�square`feetzin�floo3 azean� the
�� � a�na,1� ae�re� � ,�fi�t�l ��sen��c�d ��vlaileor motor ho�rn'e;�t�rovide� x
{��,�tinp r ci "x��i s�ceinrdi�ly�n`�b rs�w�� °��due-'tQ �pr�`leesst�snally
doementedphysical ormentaldisorders,'ornsks of sieh disorders; require supervision and; care
.. _,
�db1� %p��operty�pwhen�saxd�� �e ��e�s��per�s`�o,��ait�.d c, ���scrrbed�n(��above
26 mp rary e i i e 1iguriilss"hllb�ee mined on fillserv�cediarcels on
27 �h'c e a lean, can meersetback�an ese ress, `hez hfiestricions, and ion %caover e;
28 requ%e e
29 (2); lie sY fide der i�oia dv l ng�s 3be a pro ate to thOW,.e aridsize o�tlie
30 tia h anted` shall be tra ted o a� Ito rc mnl �itl a sf nda =ds s160§61 ntif I
1 �3,� � � to = • or bxnel hall &�e;co e t °� � ��e ater�� .1° an de irate
3.2 ccttFse�gedsios s>em3pro deathU�abnoutishe�lthdep e t
won:ett'd3r
33
34 t edonaae r lba
35 r'�ed 1hat�nffiavlfurriishedi inuiteefft &rmitrig�that tY�ecircumtan4ees alloy
36 U11 MMifflIfNeffliPM at i in ct
37 {b�,covenanfshalL be'xle tharesincts saleothe;propert� while the temporary
38 dvellu�g`s m,lace
39 (7) The use will notbe hazardous orxdisturb�ng to existingr future neighboririg uses.
40 (8;) Evidence of adequate off` streetV parking space shall be provided ,
41 {9)` There shall be no occupney ofh'e temporary dwelling. outsidethe condition under
42 which theteinporary dvyellitg is permitted pursuant tons section. I 43 (10).A'll- mobile.homes mus "t demonstrate compliance with minimum HLJD Fire `Safety
23
1 S „� is�i' d�' om�itance ,�'�ithcu�ret�t���Watshih�tod Adm��u�tratiue�Code =(W�rG)
2 �enallies lalsestaternenlson supporting- docurrtentahon sub�xntttedththe a ltcatori
pig
3 or failure to comply w7th any of the ap�tovalrequtrementay be cause for reocattortf the
,..
4 perritf ana�pro�ecui'�o�i
132 Accessory aarhnents or detaeh�daccessory dwellingutits"to" single � family dwelhrigs, �rovdl
that"11ro�h�o11'o��ng� requretnents°�re,rrtet:.
1 Ifp ddtfoanrextstingertn�Yted dell�ng, ythere shall be do more than one
accessory apartment of detached accessoryd�eli'g untr�per�lcjt�;
2 The owners of the single faintly 1pt upon wltxh the accessoy apartment ordetaohed
mom.
acoelltttgt�s�le ed�shail pc" cupya s their primry:dom -tcile at,leastonof
tle3�ellmguntts onthatlot
3"
apl��c�dtion for a bnzldrn,gQp�er�ni� ,
�}� h'�ir �halle�o�tlyat�e�'ror`t�i�n�ra �e��o°the hose vistble�frotn_the�fi'ont yarn antl�s�reet
Resopattez�an"'otlie additional entrance vtsilile from the froado
7=
Irt io case shall an accessory apat tment or'de shed dwelimg uritt be larger than X10
sclta�re��eet�t�t�loor Xe�. x
o�"`�n�r� �1�coessory�apat�rt`�ents�and detached�ac,�e�sory dwell�r��unrtssshallbe��rbh��b� ,ted
�li'�ch�� ;e �ratnary�plat a�ro�al�fi�rJ�i�ar�
AWN "Ije ��e `een�pec i���ally tna�ked for sui�h�use�thTOU�#t 1
b' Alljloi���uith��t pal ts�!hYCh Tecoiued approval �after�7a�iu
- :&
those lots ha.efibeensp�cifcally "makfor such use fhroughfi the shgrtplat
promcess`
c. All reserve tracts w thYn ong`plats an s ort"plat treated by the duster
subdt�sion triethod °
A coil iron dr'; eway serving both the: ekNt*#"'fiAt and -any accessory tiriit'sha`ll :be used
to the greatest 'exterit- possible;
24
1
2
3
5
6
7
8
10
11
12
13
14
15
-16
=17
18
19
20
21
22
23
24
25
3
z7
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
rr. i�ed�esttarx�hahereccr declthtleWcountydrtclrrorto huitrn
p�ermis�suanre�tat3ng
h Detached "accesoryvzPehngurutsand asscrated land'cannot be soldseparately
from the ortgi oni'rig petq* such a4and
b.nb e�llutgsusteeii�natydornacile of the owner
t
?& (O; xmzxrrrxrum dot szz�or detached.accessory3unlfs;
7
a Ae,�� e� «f�thep�rce ;;�the€p�m s�dr�nC�p��cc�sso�p�rtmen`
`;� � �iie�i��iries ,�nnust�demorrstrate -o ° p�l�a��'�e��v��it�imix�i1nvxna; .w1��. I��e.S`a��,
1andafds �ndcomplaiiee�t��currentWash°�� cS tlmtru�trati�eCod W C)
RESORT COMMERCIAL DISTRICT
20.64.130 Administrative Approval Uses
The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
EM
2
the dwellmg units on that lot;
25
?o�fthatadegiate` prorin Vie' eennadec % potable watery�+astewatec disposal„
andtormwaterrunofffor thifoldwellumtrmustabeoltainedpnor to
.mom <a���. _ ... ...._�ba... �,��a_ ,.. ,.-
application for'`a build „mg�er;
4; There shad be only ot%efra��nt�nce�tohe�ho se�uisib�lfrorn�th�zftontyarcl and strsef
ce�soapamen anddeta�ldacfiecsoxydts shallbe clearlya'subordihatepait
a
r...
fi'n�o casehlla avdessgr3' a men�xdete`i d e)�ltiRgi,lu nit bege�tlata 148
sgtiareafeetsm ,floor area;
7
NQ
Ol
ifxcall ode a s a o be de el ed utt �'
” racc ry artment .
. ,�. . �...
fl�taehed .�acce�sor��clllth�gl���a �tth�e oo��h�ede�elope`t fotiuture yndi�tii�t�l
o`mers AcccsMMAL N tmen s f cWYMM5- sort' dwclltt g unYt s all�be�i i'h t
rig
a� All lots�tn lo�gplatsrwhteh` ��received, pxelxm�nary;��s�t�approval4after Januaryry�5
li',
c
"1994, unless h slots a e�een s e�.: eLa1 ymar�Cedf4r sutolsethdugl� the
rocess�:
A11�resex��.etr�ts�l _ ��' ��at��i�dli�pla�tshcteat�d�b����oluster -,
A deedrestricfonhesecoardduthxh ,ato�n�ounty M, ulxtop�tr°�bti
... ... 2
peramrt�[ssuance; stat�n :
A' 1 etached acc sso � .e =; n t5 nd ss'o�iated land cannot be sold p . a 3
fromth�r i .1:,� 1��nt the zohng�e?s`su'fZi
d1Y15tOI1,�1.i1,
po '"e`pI M ll :,,�, W omictle o ow�i�et
consistent with't40utterlg;on�defsit�?
]iocessbry apartmentanddethedaceessoiy deling units:to smglefamily dwellings
are allowed within theLale ateomlVatershel only under;the follotvirig
circums
'tances:=
26
1
2
3
4
5
6
7
8
9
10
-) i
12
13
14
15
16
44"
A
plecessory.
Detached d'
oln
se" op
. - -1, 0"
p-
-� � I �W,l I 4TY
b 6de
20.64.150 Conditional Uses
.165 Aeeessary apartments or detaehed aeeessary dwelling tmits exeept in the Lake Whateam
Watershed; provided that all of the following approval reqttiretnetits are m
- —w a EV.19p-.Pfpv.%
............. P. III
M-mw.
Al
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-----------
FEW
qww-PON
- —w a EV.19p-.Pfpv.%
............. P. III
M-mw.
Al
I Eff"., 57
Im N.W.F-909 PRO I a
W! IF W-1 IF A W-Il IF MR 0 F " OR I
. ............. — ---------------
MAI
6w
a_ .. . Itm
27
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I Eff"., 57
Im N.W.F-909 PRO I a
W! IF W-1 IF A W-Il IF MR 0 F " OR I
. ............. — ---------------
MAI
6w
a_ .. . Itm
27
both the
be
existing
unit and any, tteeessgry, unit shall
used
to the greatest extent possible-,
•
A deed
restrietion
:.
■
.7
ftont the origittal
dwelling; exeept in the
event the zoning is ehanged to anot
8
zone distriet that
wettid permit stteh a land
division-,
9
G)ne dwellings
be
domieile the
b. of the
must the prima.,
of
rY owner.