HomeMy WebLinkAboutord1999-059WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 1999 - 384
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: County Council
9129199
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SEP 29 1999
WHATCOM COUNTY,
COUNCIL.
9/28/99
Intro duction
Division Head:
j'���ZIVIA
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P� Comm,*
Dept. Head:
p£ L COMM
Prosecutor:
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PuW(, E 1N
Budget:
Executive:
SUBJECT.-
Ord. amending WCC Title 20 (various) to increase setbacks for parcels �5(0� ��• ZTJ
ATTACHMENTS
SUMMARY STATEMENT.-
Related County Contract #: Should the Clerk schedule a hearing? (Y/N Y Requested Date: 10126199
Ordinance amending Whatcom County Code Title 20 (various sections) to increase setbacks for parcels adjacent to forestry
zones «_LCc .e-c_� �frl �� &L6,
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN.-
1999-384 9128199: Introduced
10112/99: Not discussed
10126199: Adopted 7 -0, Ord. #99 -059
Related File Numbers:
Ordinance or Resolution Number (this item only):
MD
SPONSORED BY: Planning
PROPOSED BY: planning
INTRODUCTION DATE: 9/28/99
ORDINANCE NO. 99 -059
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
ZONING TEXT CHAPTER 20.80 AND 20.97 REGARDING MEASUREMENT
OF FRONT YARD SETBACKS
WHEREAS, Whatcom County Code, Title 20, Chapter 90 provides direction for
docketing zoning map and text amendments and such docket was initiated and
processed for 1998; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued a
determination of non - significance on November 4, 1998; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the
Bellingham Herald on October 31, 1998, November 26, 1998, January 4, 1999, January
14, 1999, February 11, 1999, February 27, 1999, March 11, 1999, March 25, 1999, April
11, 1999; and
WHEREAS, The Planning Commission held public hearings on the proposed
amendments on November 12, 1998, December 10, 1998, January 14, 1999, January
28, 1999, February 11, 1999, February 25, 1999, March 11, 1999, March 25, 1999, and
April 8, 1999 and considered all testimony; and
WHEREAS, The Planning Commission held a work session on April 22, 1999 to
consider all the amendments .concurrently, as required by WCC 20.90.070; and
WHEREAS, The Planning Commission has evaluated the merits of each
amendment in relationship to the County Wide Planning Policies and the goals, policies
and objectives of the Comprehensive Plan, as required by WCC 20..90.070; and
WHEREAS, The County Council has considered the Planning Commission's
Findings of Fact, Reasons for Action, and Recommendations for all the amendments, as
required by WCC 20.10.110; and
WHEREAS, The County Council decided to split the batch of proposed zoning
map and text amendments into separate ordinances to allow for public hearings and
adoption of revisions to some of the proposed amendments in advance of the other
proposed amendments; and
WHEREAS, the County Council finds the zoning text amendments in the best
interest of the public, safety, and welfare, based on the following findings and
conclusions:
FINDINGS
1. Public notice was published November 26, 1998 in the Bellingham Herald.
2. SEPA: A Declaration of Non - Significance was issued for the proposed amendments
on November 4, 1998.
3. Staff finds that in order to protect the public health safety and welfare, there is
a need to have the front yard setback determined with greater assurance than is
presently the case under existing regulations. The proposed amendment
provides the minimum requirement necessary to assure the accurate location of
the front yard setback line.
CONCLUSION
Amendments to the Official Whatcom County Zoning Ordinance text should be adopted
as set forth in Exhibit 1.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance text (Title 20) is hereby
amended as shown in the attached Exhibit 1.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the
Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part
thereof other than the part so declared to be invalid.
ADOPTED this 26 day of October, 1999
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, ouncil Clerk arlene Dawson, Chairperson
APPRO D as to form:
Civil Deputy Prosecutor
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10 Approved ( ) Denied
e Kremen, Executive
Date: //-4/— Z9
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EXHIBIT 1
20.80.220 Measurement of Setbacks Amend WCC 20.80.221 to read as
follows:
.221 The requisite minimum front yard setbacks line shall be measured from the ed e
of the abutting road right of way (front property line). For corner lots, the appropriate
abutting road right of way shall be determined °dg° of the existing read ri_l I of
exeep as provided in WCC 20.80.230. The property owner shall bear the responsibility
for correctly locating the edge of the abutting road right -of -way from which the
measurement is to be taken.
not known, it shall be assumed 4hat the iffiffOyed tFaveling suFfase as in the GenteF ef the
Fight of way. if the width of the Fight ef way is net known, at shall be assumed to b
feet Researeh and a suFyey shall besegUired to determine the center of the read and
the width Gf Fight of way.
20.97.460 Yard, Front: amended the language of WCC 20.97.460 to read as follows:
"Front yard" means an open space on a lot, between the road right of way (front property
line) and the requisite minimum front yard setback line. Where a let lied at the eerner of
Fight of way. If the evaot leeation of the right of way is net l/newn it shall be ass„mort
,
that the imnreyed traveling s„rfaoe of the read is in the oentersf the rears Fight of way. If
the width of the read right of way is not ](Raw, it shall he assumed to he 60 feet
20.97 Definitions: add new definition for the term "setback line" to read as follows:
20.97.362 Setback Line.
That line that is the required minimum distance from the street or road right -of -way line
or any other lot line that establishes the area within which the principal structure must be
erected or placed.
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