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Home My WebLink Aboutord1998-083WHATCOM COUNTY COUNCIL AGENDA BILL NO._ 1997 - 169 F CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: 9/23/98 �F1 C� l � f/ v rJCP 2 3 1798 WHATCOM COUNTY (Y'll 1mr.11 Division Head: Dept. Head: Prosecutor: Budget: Executive: i — SUBJECT.- Ordinance adopting develpoment regulations relating to growth management ATTACHMENTS SUMMARY STATEMENT.• Related County Contract #: Should the Clerk schedule a hearing? (YIN Requested Date: Ordinance adopting development regulations relating to growth management and land use development for the purpose of regulatory consistency with the Official Whatcom County Comprehensive Plan RECOMMENDED MOTION (for final action): COUNCIL- ACTION TAKEN: 1997- 169 F 9/29/98: Held for Planning t£ Development Work Session 10/9/98 @ 1:00 P.M. 10/9/98: Discussed, Held in Committee for 10/13/98 Planning Committee 10113198: Discussed in regular Planning Committee Meeting and Special Night Work Session, Held 10/27/98: Discussed in regular Planning Committee Meeing 11/10/98: Held -Public Hearing Scheduled for December 8, 1998 .elated File Numbers: Ordinance or Resolution Number (this item only): (Ab*% Wc*iV3 File Ref: 09-972T SPONSORED BY: CONSENT PROPOSED BY: PLANNING INTRODUCTION DATE: 11 /1(1/AR ORDINANCE NO. 98 -083 AN ORDINANCE ADOPTING DEVELOPMENT REGULATIONS RELATING TO GROWTH MANAGEMENT AND LAND USE DEVELOPMENT FOR THE PURPOSES OF REGULATORY CONSISTENCY WITH THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN WHEREAS; Interim Development Regulations to implement the Whatcom County Comprehensive Plan were adopted by the Whatcom County Council as an emergency ordinance on May 20, 1997 and were extended on March 10, 1997, September 15, 1998 and November 10, 1998; and WHEREAS, The Interim Development Regulations will expire on January 9, 1999; and WHEREAS, The Whatcom County Council 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; 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 reviewed the Planning Commission's recommendation at a Page 1 regular meeting on January 13, 1998 and was not prepared to adopt permanent regulations at that time; and WHEREAS, the Council conducted a public hearing on March 10, 1998 and considered additional public testimony at this meeting and subsequent work sessions; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: 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. ADOPTED this 8 day of DECEMBER , 1998. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON NW R �'hM 1` AZ�r - I. V. Council Clerk APPROVED as to form: aren Frakes, ivil Deputy Prosecutor Page 2 Rob rt A Imhof, Chairperso (- Approved () Denied Pete Kremen, Executive Date: Revised 12/14/98 DEVELOPMENT REGULATIONS: REVISIONS TO TITLE 20 NOTE: Additions approved by the County Council County Council are underlined. Deletions approved by the County Council are shown by strikeou . Exhibit A (1) The existing Section 20.04.050 of the Whatcom County Code is hereby repealed in its entirety and replaced with the following: 20,04.050 Application. This title shall be applicable to all lands in Whatcom County outside existing incorporated cities. This title is to be read pursuant to Chapter 36.70A RCW as development regulations implementing the Whatcom County Comprehensive Plan. (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 20.24 URMX Urban Residential Mixed District 20.32 RR Residential Rural 20.34 RR -I Rural Residential - Island 20.35 El Eliza Island District 20.36 R Rural 20.38 APO Agriculture Protection Overlay 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 1 Revised 12/14/98 20.70 AO Airport Operations 20.72 Point Roberts Special District 20.73 IVIRL Mineral Resource Lands Special District 20.74 CID Cherry Point Industrial District 20.80 Supplementary Requirements 20.82 Public Utilities 20.83 Nonconforming Uses and Parcels 20.84 Variances, Conditional Uses, Administrative Approval Uses and Appeals 20.85 PUD Planned Unit Development 20.88 Major Project Permits 20.89 Density Transfer Procedure 20.90 Amendments 20.92 Hearing Examiner 20.94 Enforcement and Penalties 20.95 Severability 20.97 Definitions (3) Section 20.20.010 of the Whatcom County Code is hereby amended as follows: Exhibit A 20.20.010 Purpose. To promote an orderly transition from rural to urban development, the intent of this district is to encourage land uses and associated densities which will be complementary with future urban densities and services, while allowing reasonable transition uses of properties. Furthermore, it is the intent of this district to implement the policies of the UrbaR Resewe Comprehensive Plan designatiGn for the appropriate subarea. In addition, it is the intent of this district to provide the opportunity for the development of building sites which will maximize the efficient use of both energy and land by allowing an option for clustering of residential lots. (4) A new Section 20.20.015 is hereby added to the Whatcom County Code in Chapter 20.20, Urban Residential (UR) District, as follows: 20.20.015 Applicability_ (a) In Short Term Planning Areas, this chapter shall be fully applicable. (b) Outside Short Term Planning Areas, Small Towns, Crossroads Commercial areas and Resort Recreational Subdivisions designated on the Comprehensive Plan map, this section shall be limited as noted below. (5) Subsection .052 of Section 20.20.050 of the Whatcom County Code is hereby amended as follows: .052 In Short Term Planning Areas only single - family attached dwellings provided that public sewer, water and, where identified by the appropriate subarea Comprehensive Plan policies, stormwater collection and 2 Revised 12/14/98 ExhibitA 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. (6) 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 Small Towns and Crossroads Commercial areas designated on the Comprehensive Plan map. in the Foothills and SGuth Fork Valley Subareas and in any (7) 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 uses shall not be permitted outside of Short Term Planning Areas, Small Towns, Crossroads Commercial areas, and Resort Recreational Subdivisions designated on the Comprehensive Plan map unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public. (8) Subsection .154 of Section 20.20.150 of the Whatcom County Code is hereby amended as follows: .154 Retirement, boarding homes and convalescent homes; social and health rehabilitation centers; childfen -and adult care centers in a building not used as a residence; and other health - related services consistent with the purpose of the district only in Short Term Planning Areas and in Small Towns and Crossroads Commercial areas designated on the Comprehensive Plan map. (9) Subsection .155 of Section 20.20.150 of the Whatcom County Code is hereby amended as follows: .155 Neighborhood grocery stores only in Short Term Planning Areas, Small Towns, Crossroads Commercial areas, and Resort Recreational Subdivisions designated on the Comprehensive Plan map; provided that:... (10) Subsection .160 of Section 20.20.150 of the Whatcom County Code is hereby repealed in its entirety. 160 Confinement feeding onorotions and feedlets (11) 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. 3 Revised 12/14/98 (12) 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 (Cluster District Gross Density Conventional I Cluster I Subdivisions) UR: all densities without public sewer and 1 dwelling unit/5 5 acres 1 acre 55% water acres UR: all densities outside Short Term 1 dwelling uniUS 5 acres 1 acre 55% Planning Areas, Small Towns and Resort acres Recreational Subdivisions UR: all densities with public sewer or 1 dwelling unit/5 5 acres 15,000 sq.ft. 75% water acres UR -3: in Short Term Planning Areas, 3 dwelling units /1 12,000 sq.ft. 8,000 sq.ft. 25% Small Towns or Resort Recreational acre Subdivisions with public sewer and water, and stormwater collection and detention facilities YAeFe identified b•• he Wan policies UR4: in Short Term Planning Areas, 4 dwelling units /1 8,000 sq.ft. 6,000 sq.ft. 20% Small Towns or Resort Recreational acre Subdivisions with public sewer and water, and stormwater collection and detention facilities whAra ndpni *F^•' by the appropriate subaFea 13) 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. Line Minimum Mean District Conventional Cluster I Depth UR: all districts without public sewer and water and all districts outside Short Term Planning Areas Small Towns, and Resort Recreational Subdivisions. 300' 701" 80' 100' UR: with public sewer and water, and stormwater collection and detention facilities mAeFe Identified b•• he 3 units per acre 30' 30' 70' 80' 4 units per acre 30' 30' 60' 70' *30' on a cul -de -sac only M Exhibit A Revised 12/14/98 Exhibit A (14) Subsection (3) (b) of Section 20.20.320 of the Whatcom County Code is hereby amended as follows: (b) When the subaFea Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area small -area lose than the whole subarea) and the public process has been gone through, subject to findings that there is no adverse impact on environmentally sensitive to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract. (15) Section 20.20.662 of the Whatcom County Code is hereby amended as follows: 20.20.662 Right To Gam_ Use of Natural Resources All discretionary project permits for land on or within one -half mile of an area designated as AGRICULTURE, RURAL, COMMERCIAL FORESTRY or RURAL FORESTRY or within 300 feet of an area designated as MINERAL RESOURCE LANDS in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subject to the Right to Farm, Right to Practice Forestry and Mineral Land Disclosure policies contained in Title 14, Use of Natural Resources. All diGGFet'GRary PFOjeGt PeFMit8 feF land on oF within one half mile of the area designated as 4 i;terest Will Fe#aiR #9m any legal aGtIE)I; tO FestFaiR OF GGI'eGt damages from GwRer-s or GpeFatGFs 0 agriGultural Iands, eF from WhatGem GeuRty, arising out of any reasonable and lawful farm operations on said The agFeement shall appeaF as a Govenant oF deed reStFiGtiGn upon the suNeGt prepeFty, eF the plat and eaGh lot there4, and shall Fun with the land. Said GavenaRt or deed FestFiGtiai; may be removed by submussiOR to and approval by the WhatGGM Gounty hearing examiner, ef a petition representing a majority of the land eymed by pr-epefty ownem within one half mole of the plat boundaFy. HeweyeF, the Hearing ExamineF shall Femove the FeStFiGt;9R only upon fiRding that the risk of liability to WhatGam Gounty oF the previously existing farm operatiGns. YAII not he increased therohv (16) 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 areas as identified in the appropriate subarea Comprehensive Plan. Since Urban Residential Medium Density areas may be adjacent to other land uses feFms, compatibility among adjacent uses these forms shall be accomplished through responsible design and development considerations of this district. (17) 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: 5 Revised 12/14/98 Exhibit A 20.22.020 Applicability. (a) In Short Term Planning Areas, this chapter shall be fully applicable. (b) Outside Short Term Planning Areas, this chapter shall be applicable to single family dwellings only. (18) Subsection .051 of Section 20.22.050 of the Whatcom County Code is hereby amended as follows: .051 (a) In Short Term Planninq Areas only, single - family dwellings, duplexes, and multifamily dwellings consistent with the density requirements of the district; provided that, if the total number of dwelling units per lot is greater than four, the site plan shall be reviewed by the technical committee for consistency with the general development criteria of this district as set forth in 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. (b) Outside Short Term Planning Areas, single - family dwellings only. (19) Section 20.22.150 of the Whatcom County Code is hereby amended as follows: 20.22.150 Conditional uses. *Items indicated by an " *" are not allowed outside Short Term Planning Areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public. .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar 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 homes 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.* 158 Golf courses. 160 Private, noncommercial boat docks, launches, ramps, floats, moorages and boathouses Con Revised 12114/98 Exhibit A 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. (20) Section 20.22.252 of the Whatcom County Code is hereby amended as follows: 20.22.252 Maximum density and minimum lot size — General. Minimum Lot Size Min. Reserve Area (Cluster District I Gross Density Conventional I Cluster I Subdivisions) URM: all densities without public 1 dwelling unit/ 5 acres sewer and water 5 acres URM: all densities outside Short Term Planning Areas URM: all densities with public sewer or water URM-6: with public sewer and water, and stormwater collection and detention facilities wheFe identified by the appFOPFiate subaFea Comprehensive Pion popsies LIRM -12: with public sewer and water, and stormwater collection and detention facilities where identified by the appropriate subaFea Comprehensive Plan Pelisies URM -18: with public sewer and water, and stormwater collection and detention facilities where identified by the appropdate subarea Gemi;Fehensiye Plan is 1 dwelling unit/ 5 acres 5 acres 1 dwelling unit/ 5 acres 6 dwelling units/ 1 acre 12 dwelling units/ acre 18 dwelling units/ acre 1 acre 55% 1 acre 55% 5 acres 15,000 sq.ft, 75% 7,200 sq.ft. N/A N/A 7,200 sq.ft. 7,200 sq.ft. N/A N /A/ N/A N /A/ (21) 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 specific area small area less +ha„ the whole 6 barea) and the full GGFnFnUnitYiRY9lYeMeRt gqbkprocess has been gone through, subject to findings that there is no adverse impact Fally eeneitiye to critical areas and when the reserve tract 7 Revised 12114198 Exhibit A 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. (22) Section 20.22.662 of the Whatcom County Code is hereby amended as follows: 20.22.662 Right To Farm: Use of Natural Resources All discretionary proiect permits for land on or within one -half mile of an area designated as AGRICULTURE, RURAL, COMMERCIAL FORESTRY or RURAL FORESTRY or within 300 feet of an area designated as MINERAL RESOURCE LANDS in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subject to the Right to Farm, Right to Practice Forestry and Mineral Land Disclosure policies contained in Title 14, Use of Natural Resources. All diSGretionary prejeGt peFMitS for land on 9F within ane half mile of the aFea deSigRated as AGRICULTURE in the WhatGOM County Gemprehensive Plan or upon whiGh farm operations are being interest YAII refrain from any legal aGtiOn tO restrain oF Gol!eGt damages from ewReFs oF operators a agkUltwal lands, eF from WhatGOM GE)uRty, arising out Gf any reasonable and lawful faFm epeFatioRs on said The agFeement shall appeaF as a GGVBnant oF deed F88tFiGti9A upon the subjeGt pirepeFty, OF the plat eaGh lot thereof, and shall Fun with the land. Said GGvenant oF deed restFiGt'GR may be Femoved by submission to by property E)wneFs.wth;n Gne half mile of aFy. HoweveF, the Hewing ExamineF shall Femove the FeStF;GtOGR only upon finding that the 9sk of liability tG WhatGOM GGunty or the previeusly existing farm eperatiORS will not he innreased thereby (23) Subsection (3)(b) of Section 20.24.320 of the Whatcom County Code is hereby amended as follows: (b) When the Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area) and the fUll GO Mooity anyol„ ent- ublic process has been gone through, subject to Endings that there is no adverse impact GR envir,onmentally sensitive to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original . subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract. (24) Section 20.24.662 of the Whatcom County Code is hereby amended as follows: 20.24.662 Right To Farm- Use of Natural Resources All discretionary project permits for land on or within one -half mile of an area designated as AGRICULTURE, RURAL, COMMERCIAL FORESTRY or RURAL FORESTRY or within 300 feet of an area designated as MINERAL RESOURCE LANDS in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subject to the Right to Farm, Right to Practice Forestry and Mineral Land Disclosure policies contained in Title 14, Use of Natural Resources. All dIGGFetieRary PFOjeGt PeFFAitS fOF land Gn OF within one half Fnile of the area designated as AGRICULTURE in the WhatGGFR County Gemprehensive Plan or upon WhiGh faFm operations aFe b Revised 12/14/98 ExhibitA (25) 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. (26) Subsection .052 of Section 20.32.050 of the Whatcom County Code is hereby amended as follows: 052 (a) In Short Term Planning Areas only, sSingle- farnily attached dwellings; provided that not more than two units are attached and the number of dwelling units conforms to the density requirements of this district. (b) Outside Short Term Planning Areas, single- family dwellings only. (27) Section 20.32.150 of the Whatcom County Code is hereby amended as follows: 20.32.150 Conditional uses. *Items indicated by an ° *" are not allowed outside Short Term Planning Areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards: or that the proposed location is the most efficient place for the Dr000sed use with respect to orovidina needed services to the public. .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses.* .152 Public schools; and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction.* .153 Churches, educational and religious training institutions, summer camps and cemeteries. .154 Retirement, boarding homes 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.* ON lie (25) 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. (26) Subsection .052 of Section 20.32.050 of the Whatcom County Code is hereby amended as follows: 052 (a) In Short Term Planning Areas only, sSingle- farnily attached dwellings; provided that not more than two units are attached and the number of dwelling units conforms to the density requirements of this district. (b) Outside Short Term Planning Areas, single- family dwellings only. (27) Section 20.32.150 of the Whatcom County Code is hereby amended as follows: 20.32.150 Conditional uses. *Items indicated by an ° *" are not allowed outside Short Term Planning Areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards: or that the proposed location is the most efficient place for the Dr000sed use with respect to orovidina needed services to the public. .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses.* .152 Public schools; and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction.* .153 Churches, educational and religious training institutions, summer camps and cemeteries. .154 Retirement, boarding homes 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.* ON Revised 12/14/98 that:.. . ExhibitA 155 Neighborhood grocery stores only in Small Towns and Crossroads Commercial areas; provided .156 Golf course. 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:.. . (28) 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 subafea 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 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 harp- Whatcom County libealth and Human Services Ddepartment regulations for on -site septic disposal, but shall not be less than that shown below. Where the GlusteF subdivision method as used an the RR 1 zene, dwelling unit densities may hpe inarcoe� ng tG the r�}er bonus shed le irk WGG 20 27 '52belo Tri C�J IIG� L IIrfGVFf�i fITTT�� L (29) Section 20.32.252 of the Whatcom County Code is hereby repealed in its entirety. 10 Revised 12/14/98 ExhibitA (30) Section 20.32.253 of the Whatcom County Code is hereby amended as follows: 20.32.253 Maximum density and minimum lot size. Minimum Lot Size Min. Reserve Area (Cluster District I Gross Density Conventional I Cluster I Subdivisions) RR -1, RR -2, RR -3: with 1 dwelling unit/1 1 acre 4 -,acre 9°6 neither public sewer or water acre N/A N/A With public sewer and /or water, and stormwater detention and collection facilities where identified by the OnnrAnF'ate subarea GompFehensive Plan nnlinies: RR -1 1 dwelling unit/1 36,000 sq.ft. 15,000 sq.ft. 30% acre RR -2 2 dwelling units /1 18,000 sq.ft. 15,000 sq.ft. 10% acre RR -3 3 dwelling units /1 12,000 sq.ft. 8,000 sq.ft. 25% acre 11 Revised 12/14/98 (31) Section 20.32.254 of the Whatcom County Code is hereby amended as follows: 20.32.254 Minimum lot width and depth. District Width at Street Line Width at Bldg. Minimum Line I Mean Depth Conventional Cluster RR: with neither public sewer or water 30' 30' 80' 100' Exhibit A RR: with public sewer and /or water, and 30' 30' 70' 80' stormwater collection and detention facilities identified by the appFGPFiate suba-rea- Comprehensive Plan PGIOGies (32) 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 specific area small less than he whole subar^r°cc^ ) and the fUll GommuRity involvement gLlbk process has been gone through, subject to findings that there is no adverse impact on enYnrn e' i re to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract. (33) Section 20.32.662 of the Whatcom County Code is hereby amended as follows: 20.32.662 Right To Farm- Use of Natural Resources All discretionary project permits for land on or within one -half mile of an area designated as AGRICULTURE, RURAL, COMMERCIAL FORESTRY or RURAL FORESTRY or within 300 feet of an area designated as MINERAL RESOURCE LANDS in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subiect to the Right to Farm, Right to Practice Forestry and Mineral Land Disclosure policies contained in Title 14, Use of Natural Resources. lands, All dffiGGFet'enaFy projeGt peFrnits fbF land on eF within one half mile of the aFea designated as AGRIGUIJURE in the WhatGOM GouRty Gamprehensive Plan 9F upon VAiGh farm apeFations are being interest YAII FefFain from any legal aGtiOR to restrain OF GGI!eGt damages fFeFn owners or operators 9 agFiGUIturall r aF*siRg out of any reasonable and lawful faFFn epeFatiens on said anrior ltr ral lands Whinh onor FS in the normal onr Tree of their establishers r ree The agreement shall appeall: as a GaYeRant oF deed FeGtktiel; upon the suNeGt r er the plat and thereof, eaGh 19t and shall FUR YAth the land. Said Govenant or deed FestriGtion may be removed by submission to and approval by the MatGOM Gounty hea4Rg r ' the HeaFing ExamineF shall remove the by propeFty E)wReFs within one half mile of the plat bouRdary. FeGtFiGti9R only upon finding that the risk of liability tE) WhatGOFIR County or the previously existing faFFA opelFations will not be inoreased thereby 12 Revised 12/14/98 ExhibitA (34) Section 20.34.010 of the Whatcom County Code is hereby amended as follows: 20.34.010 Purpose The purpose of this district is to allow for a harmonious mixture of residential, retail commercial, public uses and those light industrial uses associated with agriculture, forestry and fishing. In addition, the district requires that new light industrial, retail commercial and residential uses complement the rural character by adherence to the goals and policies of the Lummi Island Subarea and Whatcom County Comprehensive Plan. 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. In addition, the district provides for density transfer to preserve land and water quality. (35) Subsection (3)(b) of Section 20.34.320 of the Whatcom County Code is hereby amended as follows: (b) When the eubarea Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area small area lees than the whole subarea) and the full onmmnnity involvement pkk process has been gone through, subject to findings that here is no adverse impact to critical ^^ ^nvirnnmen1 11, c e rAiye 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. (36) Section 20.34.662 of the Whatcom County Code is hereby amended as follows: 20.34.662 Right To Farm_ Use of Natural Resources All discretionary project permits for land on or within one -half mile of an area designated as AGRICULTURE, RURAL, COMMERCIAL FORESTRY or RURAL FORESTRY or within 300 feet of an area designated as MINERAL RESOURCE LANDS in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subject to the Right to Farm, Right to Practice Forestry and Mineral Land Disclosure policies contained in Title 14, Use of Natural Resources. All diGGFetionary pFejeGt peFmits fei; land on or Within one half mile of the area designated as AGRICULTURE in the WhatGem County GempFehensive Plan or upon 4iGh farm operations aFe b i agF;GU'tUFal lands, or from WhatGOM Gounty, arising Gut of any reasonable and lawful faFm operatiens on said aor;nU It Ural lands 4inh noon arc ;n the normal one free of their estahlisheit �e property, The agFeement shall appear as a Govenant 9F deed FeStFiGtOOR upon the subjeGt eF the plat apA eaGh lot i and shall Fun Yvith the land. Said Govenant oF deed m8tkfion may be Femoved by submission to i However, the Hearing Examiner shall Femove the rp-q-trir.,fien A-nly upon finding that t i to WhatGOM County oF the pFeviously existing farm opeFatiens YAII not he ;nnreased thereby 13 Revised 12114/98 ExhibitA (37) 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 subarea Comprehensive Plan which calls for the maintenance of rural character and environmentally fragile areas by allowing a variety FnUltipliGity -0f 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. (38) Section 20.36.050 of the Whatcom County Code is hereby amended as follows: 20.36.050 Permitted uses. Subiect to the provisions of Chapter 20.38 WCC, Agriculture Protection Overlay 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, Con- ditional Uses and Appeals), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. (39) Section 20.36,150 of the Whatcom County Code is hereby amended as follows: 20.36.150 Conditional uses. Items indicated by an " *' are not allowed outside Short Term Planning Areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards: or that the proposed location is the most efficient glace for the proposed use with respect to providina needed services to the public. .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 homes 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.* animals. .155 Animal hospitals and accessory kennels and stables provided:.. . 156 Commercial kennels and stables intended for the boarding, propagation or training of domestic 157 Housing or camping facilities to accommodate seasonal or permanent agricultural employees 14 Revised 12/14/98 provided:.. . Exhibit A .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 landing 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. :159 Surface mining and accessory washing and sorting outside of Short Term Planning Areas ; provided that:.. . .160 Neighborhood grocery stores in Small Towns and Crossroads Commercial areas 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 SeRigham- Whatcom County distdet-Department of lis Health and Human Services department 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. 15 Revised 12/14/98 ExhibitA .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. 170 Bed and breakfast lodgings. .171 Confinement feeding operations and feedlots provided, however, that such uses shall not be allowed inside Urban Growth Areas. .172 Commercial operations that directly provide goods or services to agricultural operators with the intent of augmenting agricultural operations, including but not limited 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 crashing and asphalt and concrete batch plants, when within a IVIRL Special District. .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:... . (40) The existing Section 20.36.252, of the Whatcom County Code is hereby repealed in its entirety. 16 Revised 12/14/98 17 Exhibit A Revised 12/14/98 (41) Section 20.36.253 of the Whatcom County Code is hereby amended as follows: 20.36.253 Maximum density and minimum lot size. ;y�8p1g jig pproved under Not aglicable Not aglicable Not ap licable Not applicable o m imum o m imum o m imum Exhibit A (42) A new section 20.36.315 is hereby added to the Whatcom County Code in Chapter 20.36, Rural (R) District as follows: 20.36.315 Exempt cluster tract. The purpose of the exempt cluster tract provision is to provide a convenient method of designating a portion of a given parcel as a receiving area for a speciried number of the giver) parcel's development rights, as defined by the underlying zoning. The result of this action creates a cluster tract and a reserve tract. For the purpose of this section, "exempt cluster tract" is defined as that portion of the parcel intended to be divided in the future into individual building lots. Exempt cluster tracts created under this section may be created separate from and prior to creation of individual building lots; shall be considered legal lots of record; and are subject to the following provision: (1) The exempt cluster tract(s) is a separate parcel, and may have assigned to it the maximum theoretical density and lots allowed under this chapter. This assignment of theoretical density will be Min. Reserve Minimum Lot Size Area (Cluster District Gross Density Subdivisions) Conventional I Cluster R -2A without public water 1 dwelling unit/2 2 acres 1 acre 20% acres R -2A with public water 1 dwelling unit/2 2 acres 15,000 sq.ft. 65% acres R -5A without public water 1 dwelling unit/5 5 acres 1 acre 55% acres R -5A subiect to Agriculture 1 dwelling unit/5 Not applicable 15,000 sq. ft 70 to 80% Protection Overlay acres WC( C20 38) 1 dwelling unit/ 5 5 acres 15,000 sq. ft. 75% R5A with public water acres R-1 OA without public water 1 dwelling unit/10 10 acres 1 acre 70% acres R-1 OA subject to Agriculture 1 dwelling unit /10 Not applicable 15,000 sq.ft 70 to 80% Protection Overlay acres WCC20.38 R-1 OA with public water 1 dwelling unit/10 10 acres 15,000 sq. ft. 80% acres ;y�8p1g jig pproved under Not aglicable Not aglicable Not ap licable Not applicable o m imum o m imum o m imum Exhibit A (42) A new section 20.36.315 is hereby added to the Whatcom County Code in Chapter 20.36, Rural (R) District as follows: 20.36.315 Exempt cluster tract. The purpose of the exempt cluster tract provision is to provide a convenient method of designating a portion of a given parcel as a receiving area for a speciried number of the giver) parcel's development rights, as defined by the underlying zoning. The result of this action creates a cluster tract and a reserve tract. For the purpose of this section, "exempt cluster tract" is defined as that portion of the parcel intended to be divided in the future into individual building lots. Exempt cluster tracts created under this section may be created separate from and prior to creation of individual building lots; shall be considered legal lots of record; and are subject to the following provision: (1) The exempt cluster tract(s) is a separate parcel, and may have assigned to it the maximum theoretical density and lots allowed under this chapter. This assignment of theoretical density will be Revised 12/14198 Exhibit accomplished by a "Certificate of Allowable Density" issued by the technical review committee and shall be communicated in writing on the face of the exempt cluster /reserve site plan and /or shall be included with all deeds and contracts of conveyance as a deed restriction. This process of parcel division into a cluster and reserve tract is allowed to occur separate from, and prior to, individual buildinq lot subdivision. (2) The technical review con-irnittee will review all proposed exempt cluster /reserve tract divisions for compliance with appropriate Comprehensive Plan policies and other applicable county ordinances before issuinq a "Certificate of Allowable Density." (3) After a site is initially divided into exempt cluster and reserve tracts pursuant to this section, the "exempt cluster tract" may be retained by the owner or conveyed to another party. (4) The "exempt cluster tract" may be considered as a building lot; provided the lot is included in the overall density calculation of the original parcel of record. (5) The "exempt cluster tract" may be further subdivided using the standard subdivision and short subdivision process as required by WCC 21.00. The actual number of allowable building lots within the cluster tract will be subiect to standard subdivision requirements such as physical site limitation, water availability, and other requirements of WCC 21.00. (6) The purpose of the "exempt cluster tract" as stated in WCC 20.36.315, paragraphs (1), (2), (3), and (44) shall be communicated in writing on the face of the division map and /or attached to all deeds and contracts as follows: 1. This division has been approved as an EXEMPT CLUSTER/RESERVE TRACT division. The following notes shall be considered a deed restriction and shall constitute a binding agreement between Whatcom County and all present and future owners of record. Said notes shall be included within all deeds and contracts of conveyance and may only be amended by mutual agreement between said parties pursuant to the zoning in effect at the time. 2. Lot (lot number) has been designated an EXEMPT CLUSTER TRACT and shall be theoretically eligible for subdivision up to _(number of lots) lots under the following restrictions: a. The technical review committee has issued a "Certificate of Allowable Density," No. (number assigned to certificate)_ stating the EXEMPT CLUSTER TRACT is theoretically eligible for ( # of lots) lots under (current zoning district) Zone District requirements. b. The actual number of buildable lots may be less than the theoretically eligible number of lots due to physical site limitations, water availability and other provisions of WCC 21.00. c. The EXEMPT CLUSTER TRACT may be further subdivided only after meetinq the reauirements of WCC 21.00 and after review and approval by Whatcom County Plannina and Development Services. d. The EXEMPT CLUSTER TRACT may be retained by the owner or conveyed to (party who will own the cluster tract) 3. Lot (lot number) has been designated as the EXEMPT RESERVE TRACT and is subiect to the following restrictions: a. It will contain (zero or one) single family dwelling unit. 19 Revised 12/14/98 Exhibit b. It shall not be further subdivided in any manner unless (conditions of further subdivision.) c. It may be retained by the owner or conveyed to _(party who will own the cluster tract Whatcom County shall make every effort to assist all agents in clearly communicating the information to all purchasers and prospective purchasers of building lots or "cluster tract." (7) The above stated requirements in paragraph (6) shall be recorded as a deed restriction at the time of filing the division and shall constitute an agreement between Whatcom County and the owner of record. The deed restriction may be amended by mutual agreement between Whatcom County and the owner of record, after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (43) Subsection (3)(b) of Section 20.36.320 of the Whatcom County Code is hereby amended as follows: (b) When the urea Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area small area less than the whole subarea and the full Gommunity public process has been gone through, subject to findings that here is no adverse impact if eens;ti„e to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract. (44) Section 20.36.662 of the Whatcom County Code is hereby amended as follows: 20.36.662 Right To Farm= Use of Natural Resources All discretionary project permits for land on or within one -half mile of an area designated as AGRICULTURE, RURAL, COMMERCIAL FORESTRY or RURAL FORESTRY or within 300 feet of an area designated as MINERAL RESOURCE LANDS in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subject to the Right to Farm, Right to Practice Forestry and Mineral Land Disclosure policies contained in Title 14, Use of Natural Resources. All disGFetienwy PFGjeGt PeFfflitS foF land on oF Ahin one half mile of the aFea designated as q nterest will re-fFain fFam any legal aGtiGR tO restrain OF GE)I!eGt damages fron; Owner-S OF GperatGps G agFiGUltUFal lands, E)F from WhatGOM GOURty, arising out of any reasonable and lawful faFm operateGRS on said enrini It Ural lands Whioh oonUr-S in the nnrmel not ir6e of their establisher) ,ice eaGh lot there4, and shall Fun with the land. Said GOVenant OF deed FeGtFiGtion may be remeyed by submission to and appmval by the WhatGOM Gounty hearing examinef, of a petition repFeseRting a majority of the land owned by pFepeFty owners within one half mile of the plat 1390dary. HoweyeF, the Headng Exam;Rer shall remove the reStF;Gtibn only upon fiRding that the risk of liability to WhatGOM County oF the previously existing faFm Gperatiens, P Revised 12/14/98 Exhibit A (45) A new Chapter 20.38, Agriculture Protection Overlay, is hereby added to the Whatcom County Code as follows: Chapter 20.38 AGRICULTURE PROTECTION OVERLAY Sections: 20.38.010 Purpose, 20.38.020 Applicability. 20.38.030 Permitted uses. 20.38.040 Density. 20.38.050 Definitions. 20.38.060 Development standards. 20.38.070 Concurrence. 20.38.080 Administrative modification. 20.38.010 Purpose. The purpose of this section is to promote and encourage commercial agricultural activity within Whatcom county; meet long term agricultural needs not otherwise met in the Agriculture zone district; provide a reasonable mix of uses and activities which may enhance the economic resources available to the farmer, and provide for a variety of uses within the rural areas which are not inconsistent with or incompatible with the use of lands within the area for agricultural activities. This section is not intended to interfere with the use of other resources. 20.38.020 Applicability. The provisions in this section apply to all rural lands designated R -5 or R -10 on the official zoning map, (a) outside designated urban growth area boundaries, and (b) held in parcels of 20 acres or larger. Divisions of land into parcels of 40 acres or larger are exempt from the following requirements. 20.38.030 Permitted uses. (1) All uses permitted in the agriculture zone WCC 20.40. (2) All other uses permitted directly or by administrative or conditional uses in Chapter 20.36.WCC but only on lands and under the conditions provided below. 20.38.040 Density. Maximum density shall be the same as in the underlying R -5 or R -10 zone district (WCC20.36). 20.38.050 Definitions. For the purposes of the Agriculture Protection Overlay zone, "Parcel' means contiguous land held by the same owner(s), but without regard to segregations made for tax purposes. To be contiguous the land must share a common boundary on at least one side. Land is not a contiguous parcel if it is bisected by a public right -of -way, a river, a pond, or a lake as defined in the Critical Areas Ordinance; or it has been divided as part of a subdivision or exempt land division approved pursuant to Chapter 58.17 RCW or Title 21, WCC; or it existed as a le gall 21 Revised 12/14/98 Exhibit A created lot of record after 1959, as defined in WCC 20.97.220 and as further described in WCC 20.83.060 through 20.83.072. 20.38.060 Development standards. Development on all parcels subject to this section shall follow the requirements below: (1) Subdivision or segregations for nonagricultural uses shall be clustered on 20% of the parcel and shall not interfere with the resource productivity of the reserve tract. This may be expanded through the subdivision process to as much as 30% where i the applicant provides evidence that more than 25% of the area proposed for non - agricultural use is impacted by critical areas or other physical site constraints which make it impractical to cluster the non - agricultural uses on 20 %. (2) Minimum lot size shall be 15,000 square feet unless a larger lot is required as determined by the requirements of the Bellingham - Whatcom County Sanitary Code for on site septic disposal, provided however separate drainfield tracts and common drainfields shall be allowed consistent with the Sanitary Code. Drainfields may be located within the reserve tract or within the required building or well setback area specified in subsections (3) and (4) of this section. In order to preserve rural character, no more than ten residential lots shall be permitted in one cluster and there shall be at least 500 feet of separation between clusters. (3) All wells for potable water shall be kept a minimum of 100 feet from the propertyr line of an existing farm or any parcel or portion thereof which is designated as the agricultural reserve tract. (4) Any structure which will be used for human habitation shall be set back a minimum of 100 feet from the property line of any parcel or portion thereof which is designated or used for agricultural purposes. (5) The 20% (or up to 30% if expanded under (1) above) of a parcel available for development may be contiguous or in separate clusters so long as the requirements of this section are met. (6) At the time of the initial development of a parcel under this section the entire parcel shall be included within the plat or Assessor's parcel map recorded including the development parcel or parcels, and the reserve tract. Modifications to the plat or tract map shall be made in accordance with State law and County codes and ordinances, and shall be permitted, so long as the provisions of this section are met as applied to the original parcel. 20.38.080 Administrative modification. (1) The administrator may determine that a parcel, otherwise defined above. shall not be subject to the provisions of this section if all of the following criteria are met: (a) The parcel does not include more than 50% SCS Category 1 prime or LESA Class I through III agricultural soils (Detailed site specific soil mapping provided by a Certified Professional Soil Scientist may be substituted for the USDA Soil Survey of Whatcom County mapping if it can be shown to be more accurate), (b) 50% or more of the parcel has not been designated as agricultural open space for County property tax purposes within the past 7 years, and (c) 50% or more of the parcel has not been used for commercial farming purposes for the past five years. For purposes of this subsection commercial farming purposes shall include any activity as described in the definition of "farm and agricultural land" in RCW 84.34.020(2). 22 Revised 12/14/98 ExhibitA (2) The administrator may also determine that a tract or lot created for the purpose of serving a single family residence, consistent with the underlying zone and existing as of the effective date of the Whatcom County Comprehensive Plan shall be considered a lot of record. (46) 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 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 gr lees mad frontage than 600 foe+ shall be permitted, unless it is found to be consistent with one of the fol- lowing eight 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 or rezones 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. This committee shall forward its comments to the Planning Commission or Department of Planning and Development Services. (1) Each parcel created by the division will assist the consolidation of adjacent agricultural operations into more economic farming units; provided resulting parcels are at least 10 acres in size; or (2) Each parcel created by the division will facilitate intensive agricultural operations; provided resulting parcels are at least 10 acres in size; or (3) The division is to allow the landowner retiring from agricultural operation to continue to occupy the farmstead house and to retain those buildings accessory thereto provided: (a) That said farmstead land area is not less than one acre or more than five and the remaining parcel is not less than 10 acres in size; and (b) That said retiring landowner has legally resided on said farmstead for at least five years; and (c) That said retiring landowner or their heirs grant a future right of first refusal of six months to the purchaser or subsequent landowner of the farm unit land to purchase said farmstead buildings and land before they are offered on the open market; and (d) That said retiring landowner(s) shall retain ownership for a minimum of five years or until the death of one of the owners, if that should occur earlier; and (e) That said remaining parcel shall not be further divided for a period of at least 15 years from the date of division pursuant to this section except as provided for in WCC 20.40.251(1), (2), (6), or (7); or (4) The division is to allow the landowner retiring from agricultural operation who no longer wishes to reside on the farm to sell the farmstead house and buildings accessory thereto separately from the farm unit land provided: (a) That said farmstead land area is not less than one acre nor more than five acres; and (b) That said farm unit land area is not less than 10 acres; and (c) That said retiring landowner has legally resided on said farmstead for at least five years; and (d) That said retiring landowner or their heirs grant a future right of first refusal of six months to the purchaser or subsequent landowner of the farm unit land to purchase said farmstead buildings and land before they are offered on the open market; and (e) That said farm unit land shall not be further divided for a period of at least 15 years from the 23 Revised 12/14/98 ExhibitA date of division pursuant to this section except as.provided for in WCC 20.40.251(1), (2), (6), or (7); and (f) That no residential or commercial structures shall be permitted on said farm unit land, other than those normally considered accessory to the nonresidential agricultural use of the property; or (5) The division is to allow for realization of a security interest entered into for the purpose of financing a new house; provided that the divided parcel shall not be sold separately from the farm except in the event of foreclosure or forfeiture; or (6) The division is for the purpose of a public use or expansion of such uses pursuant to WCC 20.40.151; (7) The division is for the purpose of establishing a parcel for the conduct of a conditional use provided in the Agriculture zone text; (8) The division is to segregate the existing farm residence from the farmstead, when the segregation is intended to facilitate financing of the owner or operator occupied new farm residence provided: (a) That said farm residence land area is not less than one acre nor more than five acres; and (b) That the farmstead land remaining from division pursuant to this section is at least 10 acres in size, and shall not be further divided for a period of at least 15 years from the date of division pursuant to this section; and (c) That no additional residential structures other than the new farm residence being financed in accord with this section shall be permitted on said farm unit land other than those normally considered accessory to the agricultural use of the property. 47) A new Section 20.40.662 is hereby added to the Whatcom County Code in Chapter 20.40, Agriculture (AG) District, as follows: 20.40.662 Right TG FarM Use of Natural Resources All discretionary project permits for land on or within one -half mile of an area designated as AGRICULTURE, RURAL, COMMERCIAL FORESTRY or RURAL FORESTRY or within 300 feet of an area designated as MINERAL RESOURCE LANDS in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subject to the Right to Farm, Right to Practice Forestry and Mineral Land Disclosure policies contained in Title 14, Use of Natural Resources. All diGGretionary PF�()Gt permits for land on oF Within one half mile of the area designated as AGRIGULTURE in the WhatGE)FA County Gemprehensive Plan or upon MiGh faFm operations are be4 ands, or kom WhatGOM Gounty, aFising out of any reasonable and lawful faFm opeFations on said eaGh lot thereef, and shall FuR Wth the land. Said Govenant er deed FeStF;Gt'GR may be removed by submission tG by propeFty owners Within ene half Fnile of the plat boundary. HoweveF, the HeaFing Examiner shall Femove the reStFiGtiOn only upon finding that the risk of liability to WhatGGM County 9F the previously existing faFFn opeFations will not be innreased thereby (48) Section 20.42.662 of the Whatcom County Code is hereby amended as follows: 20.42.662 Right To FaFM_ Use of Natural Resources 24 Revised 12114/98 ExhibitA All discretionary project permits for land on or within one -half mile of an area designated as AGRICULTURE, RURAL, COMMERCIAL FORESTRY or RURAL FORESTRY or within 300 feet of an area designated as MINERAL RESOURCE LANDS in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subject to the Right to Farm, Right to Practice Forestry and Mineral Land Disclosure policies contained in Title 14, Use of Natural Resources. All &Gretionary pF�eGt peFmits fGr land GR OF Within one half mile of the area designated as agF G Its FaI lands VA'Gh onnU FS in the normal nog Free of their estahlisherl gee The agreement shall appear as a GOVenaRt or deed reStFiGt'OR upon the subjeGt i oF the plat and eaGh let thereof, and shall run with the land. Said Govenant eF deed FestFiGtOGR may be removed by submission to and appFaval by the WhatGGFn County hearing by prGperty Gwners within one half mile ef the plat bGURdary. e petition FepreseRting a majority of the land awned However, the Hearing F_=xa;rWnP_r shall Femove the FeStFiGtiOn only upeR finding that the risk of liability to VVhatGOFA Gounty or the previously existing farm OpeFations will not he innreased thereby (49) 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 appmpriate- suMbafea 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. (50) A new Section 20.43.662 of the Whatcom County Code is hereby added as follows: 20.43.662 Right To Farm Use of Natural Resources All discretionary project permits for land on or within one -half mile of an area designated as AGRICULTURE, RURAL, COMMERCIAL FORESTRY or RURAL FORESTRY or within 300 feet of an area designated as MINERAL RESOURCE LANDS in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subiect to the Right to Farm, Right to Practice Forestry and Mineral Land Disclosure policies contained in Title 14, Use of Natural Resources. All diGGFetiGnaFy pr�eGt peFmits for land on or within E)Re half mile ef the aFea designated as aorin, It ral lands 4inh onni FS in the normal roUrce of their estahlisheA iee The agFeement shall appeaF as a GOveRant or deed FeStFiGtion upon the SUNeGt pmperty, OF the plat a eaGh let thereGf, and shall run with the land. Said GoveRant 9F deed restrirtion may be Femayed by submissiGR to and approval by the WhatGOM County heariRg examiner, of a petitieR representing a majGrity of the land owned by property ewner-s within GRe half FAile of the plat beuRdwy. i the HeaFiRg ExaMiReF shall remove the FeStFIGtoen only upon finding that the Fisk ef liability te WhatGEO GGLIRty OF the pFeviausly existing farm operations 25 Revised 12/14/98 ExhibitA (51) 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 appmpriate su 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 noncornmercial 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: 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 appropriate 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. RC: with both public sewer and 7 to 22 dwelling 6,000 sq.ft. water and stormwater collection units /acre as given Not apply and detention facilities whprp Not applicable identified by the appmpFiatee P4iGie& (54) Subsection (3)(b) of Section 20.64.320 of the Whatcom County Code is hereby amended as follows: (b) When the urea Comprehensive Plan and zoning have been updated as part of the normal 26 Gross Maximum Minimum Lot Size Min. Reserve District Density Area (Cluster I Conventional Cluster I I Subdivisions) RC: without either public sewer 1 dwelling unit/ 36;900 sq.ft-. " or water 1 acre One acre not applicable not applicable RC: with either public sewer or 2 dwelling units/ 18,000 sq.ft. 15,000 sq.ft. 10% water 1 acre RC: with both public sewer and 7 to 22 dwelling 6,000 sq.ft. water and stormwater collection units /acre as given Not apply and detention facilities whprp Not applicable identified by the appmpFiatee P4iGie& (54) Subsection (3)(b) of Section 20.64.320 of the Whatcom County Code is hereby amended as follows: (b) When the urea Comprehensive Plan and zoning have been updated as part of the normal 26 Revised 12114/98 Exhibit A process (other than a revision initiated by the private sector or done for a specific project small area less than whole sebafea) and the fell ^^mm,.nity inyGivem °n+ public process has been gone through, subject to findings that there is no adverse impact ^n eRyirnnmonI I., e - 'five to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract. (55) Section 20.65.010 of the Whatcom County Code is hereby amended as follows: 20.65.010 Purpose. "rhe 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 apprepriate��baTea 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 114 mile of the full freeway interchange. (56) 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 eRvirenmentally sensitive protect a critical area, a parcel size reduction of 5 percent may be granted 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. (57) A new Chapter 20.74, Cherry Point, is hereby added to the Whatcom County Code as follows: Chapter 20.74 CHERRY POINT INDUSTRIAL DISTRICT Sertinns: 20.74.010 Purpose 20.74.020 Applicability 20.74.030 Permitted Uses 20.74.040 Accessory Use 20.74.050 Conditional Uses 20.74.060 Master Site Plan Requirements 20.74.070 Minimum Lot Size and Parcelization 27 Revised 12114/98 20.74.080 Design Standards Exhibit A 20.74.010 Purpose The purpose of the Cherry Point Industrial District is to implement the policies of the Cherry Point Maior Industrial Urban Growth Area section of the Whatcom County Comprehensive Plan by establishing a range of land uses and types of development appropriate for the Cherry Point UGA and to encourage large scale master planning of industrial sites to preserve sites of sufficient size to accommodate major port and industrial development. 20.74.020 Applicability This Chapter is applicable to the entire Cherry Point Maior Industrial Urban Growth Area. 20.74.030 Permitted Uses a. Primary permitted uses: (1) Area south of Grandview: Uses shall include the range of port and large scale industrial uses allowed in the Heavy Impact Industrial District Chapter 20.68 as well as large scale high technology businesses. Area north of Grandview: Uses shall include the range of port and large scale industrial uses allowed in the Light Impact Industrial District Chapter 20.66. b. Secondary permitted uses shall include smaller scale industrial uses, non - retail commercial uses, and industry related professional services provided the secondary use supports or is supported by primary permitted uses in the Cherry Point Major Industrial Urban Growth Area. 20.74.040 Accessory Uses, Accessory uses shall be the same as those permitted in the Heavy Impact Industrial District, WCC 20.68. 20.74.050 Conditional Uses. Conditional uses shall be the same as those permitted in the Heavy Impact Industrial District, WCC 20.68. 20.74.060 Master Site Plan Requirements a. Development in the Cherry Point Industrial District requires the review and approval of a master site plan, including SEPA review. Acceptable master site plans include site plans and supporting information submitted and approved for applications for a building permit, a short subdivision, a preliminary plat, a binding site plan, a major project permit or 8 planned unit development. b. The minimum area for a master site plan (planning block) shall be 160 acres, or the entire propert y under common ownership if the common ownership is less than 160 acres. C. Each planning block shall include one lot of not less than 40 acres in size to be designated as the site for r: Revised 12114/98 ExhibitA a port or major industrial activity, provided that if the planninq block is 40 acres or smaller, the requirement for the major industrial site shall be waived. d. Within a planning block, one or more parcels smaller than 40 acres may be created for secondary uses. e. Review and approval of a master site plan for a planning block shall be included in the approval of any building permit, short subdivision, preliminay plat, binding site plan, magor project permit or a planned unit development and shall be subiect to the same review and approval standards, including SEPA review as the plat, binding site plan or permit. Each master site plan shall identify, as appropriate, the proposed phasing of the development including the construction of public and private facilities and utilities. The master site plan or supporting documentation as appropriate shall also include any mitigation required under SEPA and the County Critical Areas Ordinance, 20.74.070 Minimum Lot Size and Parcelization The minimum lot size in the Cherry Point Industrial District shall be 40 acres provided that lots less than 40 acres may be permitted as follows: a. When the lots are to be located. within a development approved as a Major Project under Chapter 20.88 consistent with the master site plan requirement in this chapter. b. When the lots are to be located within a development approved as a Planned Unit Development under Chapter 20.85 consistent with the master site plan requirements of this chapter. C. When the lots are part of a short subdivision, long subdivision or binding site plan approved as consistent with the master site plan requirements of this chapter. d. When the administrator finds that the lot(s) will be developed with a use(s) that is consistent with the intent of the district and will not interfere with the development of the primary large uses intended by the Comprehensive Plan. e. When an existing lot of record is less than 40 acres, provided further division is consistent with this section. 20.74.080 Design Standards Unless otherwise modified by this chapter, building height, setbacks, landscaping, open space and other building and site design standards for areas south of Grandview Road shall be the same as those of the Heavy Impact Industrial District, WCC 20.68; and for the area north of Grandview Road, the same as those of the Light Impact Industrial district, WCC 20.66. (58) A new Section 20.80.212 is hereby added to the Whatcom County Code in Chapter 20.80, Supplementary Requirements, as follows: 20.80.212 Concurrencv. No subdivision, commercial development or conditional uses shall be approved without a written finding that: (1) All providers of water, sewage disposal, schools, and fire protection serving the development have issued a letter that adequate capacity exists or arrangements have been made to provide adequate services for the development, and (2) No County facilities will be reduced below applicable Levels Of Service as a result of the development. 29 Revised 12/14/98 ExhibitA (59) 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 within an Urban Growth Area and Short Term Planning Area. eXGept the AgFOGOUFal DistOGt. The provisions of this chapter can be used for any residential, commercial and/or industrial project on property two acres or greater in size, provided however that residential PUDs are not permitted in the Cherry Point Wor Industrial Urban Growth Area or in the Custer Provisional Urban Growth Area. 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:.. . (60) 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 subaFea 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 Comprehensive Plan subareas plan policies and requirements.-Of this fhe 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 presewe rotect critical environmentally sensitive areas and rep serve 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 of the Comprehensive Plan. indi„irl u-el suhnro� . I enrl of this title (61) Subsection .023 of Section 20.89.020 of the Whatcom County Code is hereby deleted: (62) 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 comprehensive urea planning process and appropriate overlay zone(s). (63) 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 Comprehensive Plan apprepriate 30 •. •, (62) 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 comprehensive urea planning process and appropriate overlay zone(s). (63) 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 Comprehensive Plan apprepriate 30 Revised 12/14/98 Exhibit A subarea policies and by designation either within an overlay zone or on the official Whatcom County zoning map. (64) 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) The rezone and master plan for the Custer Provisional Urban Growth Area. (34) Such other permits as may be required from the county along with subsections (1),U2 or (23) 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.. (45) Proposed rates and charges or special assessments for lake management districts. (65) The following new definitions are added to 20.97 : 20.97.32 Boarding Homes "Boarding Home" means any home or other institution, however named, which provides board and domiciliary care to three or more aged persons not related by blood or marriage to the operator and is licensed by the State as a Boardinq Home under 18.20.050. For the purpose of this definition, an aged person means a person of the age of sixty -five years or more, or a person less than sixty -five years who by reason of infirmity or disability requires domiciliary care. 20.97.418 Significant. "Significant" means a reasonable likelihood of more than a moderate impact. The determination of the significance of the impact should consider the physical setting, the magnitude or duration of the impact, along with its chance of occurring. (66) Wherever the words "comprehensive plan" appear in the text of Title 20, the capitalization is hereby amended to "Comprehensive Plan." (67) Section 14.02.040 of Chapter 14.02 Right to Farm is hereby amended as follows: 14.02.40 Disclosure A. The statement set forth in subsection B of this section shall be used under the following circumstances and in the following manners: 1. Upon the conveyance of a fee interest in real property the seller shall require that disclosure statement as set forth in subsection (B) be signed by the purchaser and recorded in the county auditor's office in conjunction with the deed conveying the real property when one of the following conditions is met: a. That the real property is within one -half mile of real property upon which farm operations are conducted; 31 Revised 12/14/98 ExhibitA b. The real property is within the area designated as agriculture or rural on the map or maps comprising the Whatcom County Comprehensive Plan; C. The real property is within one -half mile of the area designated as agriculture or rural on the map or maps comprising the Whatcom County Comprehensive Plan. 2. Upon the issuance of a discretionary development permit for land on or within one -half mile of the area designated as agriculture or rural on the map or maps comprising the Whatcom county Comprehensive Plan or within one -half mile of land upon which agricultural operations are being conducted, the discretionary development permit shall include a condition that the owners of the property be required to sign a statement of acknowledgment containing the disclosure on forms provided by Whatcom County, which shall then be recorded in the county auditor's office. 3. All building permits and discretionary development permits for land on or within one -half mile of the area designated as agriculture or rural on the map or maps comprising the Whatcom County Comprehensive Plan or within one -half mile of land upon which agricultural operations are being conducted shall contain a notice of disclosure. B. The following shall constitute the disclosure required by this section: The subject property is within or near designated agriculture lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. You may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, odors, flies, fumes, dust, smoke, the operation of machinery of any kind during any 24 -hour period (including aircraft), the storage and application of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. Whatcom County has determined that the use of real property for agricultural operations is a high priority and favored use and will not consider to be a nuisance those inconveniences or discomforts arising from farm operations, if such operations are consistent with commonly accepted good management practices and otherwise comply with local, state, and federal laws. (68) Section 14.02.050 of Chapter 14.02 Right to Farm is hereby amended as follows: 14.02.050 Agreement to refrain from legal action. A. All discretionary project permits for land on or within one -half mile of the area designated as agriculture or rural on the map or maps comprising the Whatcom County Comprehensive Plan or within one -half mile of land upon which farm operations are being or may be conducted shall contain an agreement that the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to . restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said agricultural lands which occurs in the normal course of their established use. B. The agreement shall appear as a covenant or deed restriction upon the subject property, or the plat and each lot thereof, and shall run with the land. Said covenant or deed restriction may be removed by submission to and approval by the Whatcom County hearing examiner, of a petition representing a majority of the land owned by property owners within one -half mile of the plat boundary. However, the hearing examiner shall remove the restriction only upon finding that the risk of liability to Whatcom County or the previously existing agricultural operation will not be increased thereby. 32