HomeMy WebLinkAboutord1999-080WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1999 - 376
'LEARANCES Date Date Received in Council Office Agenda Date Assigned To
SUBJECT.•
Ordinance adopting amendments to WCC 20.80, Supplementary Requirements (4,P _- q8`, Z7--
ATTACHMENTS
SUMMARY STATEMENT.•
Related County Contract #: Should the Clerk schedule a hearing? (Y/N Requested Date:
Ordinance adopting amendments to Whatcom County Code 20.80, Supplementary Requirements
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1999-376 9/28/99: Introduced
10112/99: Held /Council
10/26/99: Held /Committee to 11/9
11/9/99: Held /Committee to 11/23
11/23/99: Amended and adopted 7 -0, Ord. #99 -080
,ted File Numbers:
Ordinance or Resolution Number (this item only):
T' `' :1
Orig. Dept.: County Council
9129199
n E C E �vJ I � /j
IJ
SEP 2 9 1999
WHATCOM COUNTY
COUNCIL
9129199
Introduction
Division Head:
121alql
COU NCIL PF
Dept. Head:
C
PE b E COLA WA ..
Prosecutor:
't
W WA CI L
Budget:
Il Z3
Iq
P� D CtUMC L
Executive:
SUBJECT.•
Ordinance adopting amendments to WCC 20.80, Supplementary Requirements (4,P _- q8`, Z7--
ATTACHMENTS
SUMMARY STATEMENT.•
Related County Contract #: Should the Clerk schedule a hearing? (Y/N Requested Date:
Ordinance adopting amendments to Whatcom County Code 20.80, Supplementary Requirements
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1999-376 9/28/99: Introduced
10112/99: Held /Council
10/26/99: Held /Committee to 11/9
11/9/99: Held /Committee to 11/23
11/23/99: Amended and adopted 7 -0, Ord. #99 -080
,ted File Numbers:
Ordinance or Resolution Number (this item only):
T' `' :1
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 9/28/99
ORDINANCE NO. 99 -080
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
ZONING TEXT CHAPTER 20.80 REGARDING BUILDING SETBACKS AND
BUFFERS
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 Whatcorri 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 WCC20.10.110; 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 January 14, 1999, in the Bellingham Herald.
2. SEPA: A Declaration of Non - significance was issued on November 4, 1998, in
the Bellingham Herald
3. Staff finds that the proposed amendment by reorganizing and clarifying certain
portions of the Chapter 20.80 WCC will promote better and more consistent
administration of the setback requirements of Title 20 and will provide better
guidance to both staff and the public in understanding and applying setback
requirements.
4. Staff finds that the proposed reorganization provides for a better grouping of like
topics which will assist in better identifying inconsistencies between existing
and proposed regulations in the event future amendments are proposed.
5. The proposed changes are in the publics interest as they provide enhanced
clarity of the subject ordinance purpose and intent.
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.
November
ADOPTED this 23 day of OU ", 1999
WHATCOM COUNTY COUNCIL
A WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Marlene Dawson, Chairperson
APPR ED as to form: () Approved () Denied
C vil Deputy Prose6itor Pete emen, Executi
Date:
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EXHIBIT 1
BUFFERS & LANDSCAPING (FILE # 48- 98:ZT)
20.80 Supplemental Requirements: amend the following sections of Chapter 20.80
WCC to read as follows:
Chapter 20.80
Supplemental Requirements
20.80.200 Setback requirements.
20.80.210 Minimum -building setbacks.
20.80.215 Setbacks - Off - premises advertising signs.
20.80.220 Use of setback areas. Measurement of se
20.80.230 Measurement of setbacks. GeFneF lets..
20.80.240
Reserved _.,ApeesseFy stiewetwe setbaeks.
20.80.250
Snecial Setback Provisions by District Gelb eke ed due
20.80.251
te building height.
Residential Districts Light lffipaet industFial Distfiet.
20.80.252
Rural District Geneical Manufaetaicing DiStFiet.
20.80.253
Commercial Districts Heavy Impeet industFial DistFiet.
20.80.254
Industrial Districts.
20.80.255
Agriculture District.
20.80.256
Forestry Districts
20.80.257
Recreation Onen Space District.
20.80.258
All Districts.
20.80.260
20 n 771
Residential n:..+:
Rural DiStFiet. _
a Hefei l Dist, ie�ts�:
Tn' dblS CfTa' Dist Feels.
Residential Dis
r+,..,, m I n•,.+. +
'Fe'FL71'"QT- JC'1"fGTS
in dustfia' D;str et�r.
A" distf+e#-&.-
2 G). 80.2 2
-
2:80.2T4
ZV:On. -
20 n 7 1
20 n C
ZT.� 'fit . T�iV1TIlTTe
20 n 6
Z'0: VZ 'G�T'7l7UTCrR]T"GTJLTTeTJ:
20. 80.28'7
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20.80.`' °�°er-rfltted
use of setbaek aFe
Landscaping.
20.80.300
20.80.310
Purpose.
20.80.315
Scope.
20.80.320
Plans.
20.80.325
Landscaping location and spacing.
20.80.330
Plant sizes at time of planting.
20.80.335
Plant choices.
20.80.340
Existing vegetation.
20.80.345
Buffering plantings.
20.80.350
Parking areas.
20.80.355
Trash and storage areas - Screening and placement.
20.80.360
Special requirements for individual zone districts.
20.80.365
Conformance to Guide Meridian plan.
20.80.370
Modifications.
20.80.375
Installation and bonding.
20.80.380
Planting and care.
20.80.384
Deleted.
20.80.385
Street planting.
20.80.400
Sign controls.
20.80.410
Signs - General provisions - Applicable to all districts.
20.80.420
Neighborhood Commercial District sign regulations.
20.80.430
General Commercial District sign regulations.
20.80.435
Tourist Commercial District sign regulations.
20.80.440
Resort Commercial District.
20.80.450
General Manufacturing, Light and Heavy Impact Industrial, and
Airport Operation Districts sign regulations.
20.80.460
Recreation and Open Space District sign regulations.
20.80.470
Exemptions.
20.80.500
Off - street parking and loading requirements.
20.80.505
General requirements.
20.80.510
Parking space dimensions.
20.80.515
Loading space requirements and dimensions.
20.80.520
Surfacing. -
20.80.521
Drainage.
20. 80.522
Maintenance.
20.80.523
Lighting.
20.80.525
Location of parking spaces.
20.80.530
Screening and /or landscaping.
20.80.535
Required trash areas.
20.80.540
Nonpermitted storage.
20.80.545
Minimum distance and setbacks.
20.80.550
Joint use.
20.80.555
Wheel blocks.
20.80.560
Width of aisles.
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20.80.565
Access.
20.80.570
Circulation.
20.80.575
Striping.
20.80.580
Parking space requirements.
20.80.585
Accessible parking.
20.80.590
General interpretations.
20.80.600
Other development standards.
20.80.610
Deleted.
20.80.620
Noise.
20.80.630
Stormwater and drainage.
20.80.631
Exemptions.
20.80.632
Small development impervious surface treatment.
20.80.633
Large development impervious surface treatment.
20.80.634
Special districts.
20.80.635
Conformance required.
20.80.640
Driveways.
20.80.650
Air quality.
20.80.660
All- weather road access.
20.80.670
Docks.
20.80.675
Height limitations.
20.80.680
Unsuitable land.
20.80.700
Replacement dwellings.
20.80.720
Variances to lot area and width requirements for new
subdivisions.
20.80.730
Land clearing.
20.80.800
Livestock regulations.
20.80.801
Purpose.
20.80.805
Animal units.
20.80.900
Surface mining registration /inspection procedures.
20.80.200 Setback requirements.
20.80.210 Minimum - mAk ing setbacks.
(1) All structures, including accessory structures, shall be placed on their lots
in compliance with the requirements of the Setback Table (20.80.210(5)), except
as may otherwise be provided in this title.
LZ ° ^� G-.246- Waterfront lots: Waterfront lots shall comply with the building
setback requirements set forth in the Whatcom County Shoreline Management
Program. (See WCC 20.80.22300 2
u [20.801.29 ! Vision Clearance:- Notwithstanding any other setback
requirements of this title, and unless specifically provided otherwise, -A a clear
vision area shall be maintained on the corners of all property at the intersection of
two streets, a street and an alley, or a street and a railroad.
jal +44 A clear vision area shall consist of a triangular area, two sides
of which are lot lines measured from the corner intersection of the street lot lines
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for a distance specified in paragrapher {3} below (where the lot has rounded
corners, the distance shall be measured from the intersection of those lot lines
extended), and the third side of which is a line across the corner of the lot joining
the non intersection ends of the other two sides.
(b) {-2} A clear vision area shall contain no planting, fence, wall,
obstruction, or temporary or permanent obstruction exceeding two and one -half feet
in height, measured from the top of the curb or, where no curb exists, from the
established street center line grade; except that trees exceeding this height may be
located in this area; provided all branches and foliage are removed to a height of 10
feet above the grade.
(c) {3} The following measurements shall establish clear vision areas:
{a} In a residential zone, the minimum distance shall be 30
feet or, .at intersections including an alley, 10 feet;
ii +W In all other zones, the minimum distance shall be 15
feet, or at the intersection of a street and an alley, 10 feet, except when the angle
of intersection between a street other than an alley is less than 30 degrees the
distance shall be 25 feet;
iii {e} Structures including $buildings may be constructed
within the clear vision area; provided that any portion of the structure within the
clear vision area is more than eight feet above the top of the curb or street center
line grade and is supported by not more than two columns each of which is not
more than eight inches in diameter.
Properties which are generally located on the Guide Meridian between
Horton and Kellogg roads, and specifically identified in the Guide Meridian
Improvement Plan, shall be subject to the provisions of said plan. The provisions of
said plan shall supersede this chapter where there is inconsistency.
(5) Setback Table: For the purposes of this chapter, the road classification
used to determine setback requirements shall be as set forth in the Right of Way
Reference Document maintained by the Debartment of Planning and Development
Services. In the event a particular road is not listed in the Right of Way Reference
Document, the Department of Public Works shall determine the classification, which
classification shall be based on the Whatcom County Development Standards or
such other local, state or federal roadway standards as the Department of Public
Works deems appropriate. ,
have a petential feF being widened at seme time in the fUtUFe.-
C.
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Existing Setback Table from WCC 20.80.210
[Language that accompanies the existing Set Back Table] .
* Roof overhangs or other architectural features shall not project further than
18. inches into the side or rear yards setbacks. Such overhangs may extend six feet
into the front yard setback; however, in no case will they extend more than one half
the depth of the front yard setback.
+ Refer to the additional provisions of WCC 20.80.250, 20.zv80.260,
20.80 , 20:80.289, 20.80.290 and 2.0.700 and buffer requirements for
individual zones.
o Or as modified pursuant to WCC 20.80.' .254(1)(d), 254(2)(d), and
254(4)(b).
* * Minor access streets are those that are deadends or that are constrained
from ever developing further.
# Refer to additional provisions of WCC 20.64.350 or 20.65.400.
.+ + When located adjacent to 1 -5 these setbacks may be reduced to 25 feet
subject to the screening requirements under 20.62.651(2).
No specific setback requirements shall apply to a planned concept submitted
for technical committee review. This provision could be used, for example, to allow
zero -lot -line development.
For new development within urban growth areas front yard setbacks maybe
reduced consistent with minimum front yard setback requirements as set forth in
the adiacent city's regulations.
20.80.215 Setbacks - Off - premises advertising signs.
Off - premises advertising signs shall be subject to the following setbacks. WCC
20.80.210 and 20.80. shall not apply.
(1) No portion of a sign shall be placed within 15 feet of any right -of -way
except as provided in paragraph (3) of this section.
(2) Minimum side and rear yard setbacks shall be 10 feet except where they
abut a right -of -way.
(3) Off - premises advertising signs oriented towards Interstate 5 may be up to
within five feet of the interstate right -of -way when approved by all agencies having
jurisdiction.
(4) No off - premises advertising sign shall be within 500 feet of any residence
or residential zoning or within 1,000 feet of any church, school, cemetery, park,
open space designation or historical landmark.
(5) No off - premises advertising sign shall be within 50 feet of any
intersection.
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20.80.299 .220 PeFfflitted eUse of setback areas.
242:Fhe- Fequis+te All #feted setback measurements are minimum requirements.
All front yard and rear yard setback areas Fflttst shall be open from side -to -side of
the lot except as otherwise provided by the following.
(1) Front Yards
a) uncovered patios, driveways, walkways, vegetation, pools,
recreation equipment, and fences and walls up to four feet in height may be placed
in this front yard setback area subiect to the limitations of 20.80.210(3) regarding
vision clearance. Signs approved for use in a front yard area shall be subject to the
limitations of WCC 20.80.410 and/or WCC 20.80.215 as applicable.
(b) and fuFtheF ffevided, that fences, walls or vegetative hedges
greater than four feet in height up to a maximum of six feet in height may be
located within tl4i -& the front yard setback area ,
subiect to the limitations of 20.80.210(3) regarding
vision clearance and provided both of the following applies:
fil +14 Trey the additional height does not obstruct or impair
visual corridors of surrounding properties and sight distances of vehicular traffic.
(ii)-(-2-} They the additional height is afe determined by the
administrator adjt4ged to be necessary in order to provide security and or privacy
to the particular use activity by reason of one or more of the following: -{14j IT-he
the property's immediate location next to public access areas; orb} 2145 a
determination by the administrator that the property and /or its facilities and
amenities ,.� are both attractive to the general public, and intended for the
exclusive use of its h9habitants residents and /or patrons; or (3) 3) They a
determination by the administrator that the additional height is the needed afe
deemed i9eeessaFy feF the to protect ffeteetien e4 the public health, safety and
general welfare.
LL-.a A Rfear yard must be epen fFeFfl side te side ef the let; pFevided that
(a) uncovered patios, driveways, walkways, vegetation, pools,
recreation equipment, open parking spaces, fences and walls up to seven feet in
height, and structures housing accessory uses in Urban Residential, Residential
Rural, Rural and Agricultural Zone Districts may be placed in the rear yard; provided
that heFe -is an open space of at least eight feet is maintained between any
structure housing such accessory use and any other building on that lot. A" FeeF
(3) 294A Sside yards must be kept open; provided that uncovered patios,
driveways, walkways, vegetation, pools, parking areas, recreational equipment,
and fences and walls up to seven feet in height may be placed in the side yard.
20.80.229.230 Measurement of setbacks.
,L-224 Front Yard. The requisite minimum )`front yard setbacke line shall be
measured from the edge of the abutting road right of way (front nronerty line). For
corner lots, the appropriate abutting road right of way shall be determined edge -ef
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as provided in WCC 20.80.23-20(3) . 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. -pfevi
that the impiceved tFaveling SUFfaee is ifi the eenteF ef the Fight ef way. if the width
ef the Fight ef way is met knewn, it shall be assuFfled *--A 6-e 650 feet. ReseaFeh and a
of way.
u Shoreline Areas: In situations where the shoreline setback(s)
imposed by the shoreline management program exceed the standard rear and /or
side yard setbacks imposed by this ordinance, the front yard setback(s) shall apply
to the waterfront side(s) of the lot or tract and the rear yard setback shall apply to
the street side of the lot or tract; provided, however, the zoning administrator may
waive the setback reversal requirement of this section upon request of the property
owner if he finds that the public interest will not be harmed; provided further that
the minimum setback on the street side of parcels abutting collector and arterial
roadways shall be 20 feet.
131-20-.80-.2,3G Corner lots_ For corner lots or parcels bounding two or more
roads the front yard shall be that yard which abuts a collector or arterial road. In the
case of two or more roads being designated collectors or arterials, the front yard
shall abut the road with the higher classification. If neither of the roads are
designated collectors or arterials or they have equal classifications, the
owner /builder shall have the option of selecting the front yard. -rhe zoning
administrator may override this decision in special circumstances involving public
safety. Yards on the other flanking streets may be considered side yards except
that for collectors or arterials the minimum setback shall be no less than one half of
the normally required road setback.
20.80.240 ReservedAeeesseFy stFuetwfe setbeeks.
of WGG 20.80.76.210.
20.80.250 20.80.250 Special Setback Provisions by District Setb..eks du +�
b -
20.80.251 Residential Districts
20.80 271 Residential +ir-iet . (1) Urban Residential District: Setbacks shall
be increased to 100 feet for those parcels situated adjacent to Forestry Zone
District, except that such parcels which are less than 20,000 square feet in a
subdivision approved prior to January 1, 1987, and whose owners have filed an
agreement with the county auditor as specified in WCC 20.20.651 shall be subject
to the standard setback in WCC 20.80.210.
r`' ^r= °;- ](2)Residential Rural District: Setbacks shall be increased to 100
feet for those parcels situated adjacent to Forestry Zone District, except that such
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parcels whose owners have filed an agreement with the county auditor as specified
in WCC 20.32.651 shall be subject to the standard setback in WCC 20.80.210.
20.80.28" Residential r,:..+.:,,+.. (1 4 ,Urban Residential Medium Density
District: Setback requirements for mobile home parks shall be 20 feet from the
perimeter of the park for side and rear yards and shall be screened from neighboring
uses in accordance with 20.80.345.
20.80.252 Rural District
20 80 ` 72 Raical Dish.,.+ (1) Rural District Setbacks: Setbacks shall be
increased to 100 feet for those parcels situated adjacent to the Commercial
Forestry Zone District, except that such parcels whose owners have filed an
agreement with the county auditor as specified in. WCC 20.36.651 shall be subject
to the standard setback in WCC 20.80.210.
20.80.253 Commercial Heavy Impaet Industrial Districts
20.80.2:74 G-eir,...e.repial n:..+.iets.(1) Neighborhood Commercial District:
(a) Setbacks for those parcels situated adjacent to Urban Residential,
Residential Rural and Rural Zone Districts shall be administered pursuant to WCC
20.60.550 (Buffer area).
[20.80.2:744(2) General Commercial District:
(a) Setbacks for those parcels situated adjacent to Urban Residential, Rural
Cluster Development and Rural Zone Districts shall be administered pursuant to
WCC 20..62.550 (Buffer area).
20.80.286 Gemmefe+al DiStFi ts. (1) TeuFi..+ t emmefe�al DistfieT 2) RerseTC
[20.80.2" 44(3) Tourist Commercial District:
[20 80 '"^ " ►'Lal Setbacks for those parcels situated adjacent to
Urban Residential, Urban Residential Medium Density, Residential Rural and Rural
Zone Districts shall be administered pursuant to WCC 20.63.560 (Buffer area).
[20.80.286 (!.)!(a) requirements for recreational vehicle parks shall
be 30 feet for side and rear yards.
r'^ 80 286(1)1(b) Front yard setback requirements for service
islands of service stations shall be 25 feet to the center line of the driveway of the
closest service island.
[20 80 '" ^'(4) Resort Commercial District:
,[20.80.2744 a► Setbacks for those parcels situated adjacent to Urban
Residential, Residential Rural and and Rural.Zone Districts shall be administered pursuant
to WCC 20.64.550 (Buffer area).
[20 80 286+2+ ff..►_LbLSetback requirements for multifamily housing, including
all condominiums except time share condominiums and mobile home parks, shall be
20 feet for side and rear yards.
[20 80 286( )1(b) (c) Setback requirements for recreational vehicle parks,
and resort- oriented hotels and motels including time share condominiums shall be
45 feet for front yard, and 20 feet for side and rear yards.
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[20 80 286(e` (d) Setback requirements for nonresort- oriented hotels and
motels and nonhabitation commercial development shall be zero feet for side yards
and 10 feet for rear yards.
20.80.254 Industrial Districts
(1) Light Impact Industrial District
20.80.261 All setbacks shall be increased
by one foot for each foot of building height which exceeds 35 feet.
,LbI The building setbacks of WCC
20.80.210 shall not apply to utility or security structures such as poles, meters,
fences, guard structures and the like. In addition, the zoning administrator may
reduce side and rear yard setbacks for other structures as provided by WCC
20.80.2 .2540)(d).
[20.80.27-61(i) Light Impaet InddStFial :�_Lcj Setbacks for parcels
adjoining a nonindustrial district(s) shall be administered pursuant to WCC
20.66.550 (Buffer Area).
Idl:rhe zoning administrator may reduce or eliminate side and
rear yard setbacks from side and rear property lines that are not adioining a
nonindustrial district. dewn as `a- as zeFe if provided that the administrator finds
that all of the following provisions are met.
[20 80 286( a` L!). Screening e4a44 will be provided to protect
adjacent uses from unsightliness or visual distraction;
[20 80 286( ""b` JR A site plan has been submitted that shows that
all structures and improvements including roof overhangs will de not cross property
boundaries, and a stormwater management plan has been provided that shows that
runoff e4a44 will be diverted to on -site drainage facilities;
[20 80 `'O6 " "'e` Jin The Feduee A reduction in setbacks weUld.will
not reduce solar access on adjacent properties or if a setback reduction will result in
reduced solar access, mall parties having an ownership interest in the property
adjacent to the side or rear yards to be reduced stipulate in writing, on forms
provided by the zoning administrator, to the reductions. The zoning administrator
may require a title report to establish the ownership interests in the - adjacent .
property;
[20 80 ''46 " "'d" fly) Adjoining properties will be shielded from flight
sources ;Ageuld be shielded;
`20 80 286(e` (v) The use and storage of toxic or hazardous
materials or processes e4al} will not be located within what would otherwise be the
setback area unless adequate facilities to contain accidental spills on -site consistent
with. state regulations are provided;
[20.80.286(2)i(f) NO The reduced setbacks weuld will not interfere
with existing sewer, water and other easements; and
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Jyn Reduced setbacks e#a4 will not result in the
creation of a traffic hazard nor will the reduced setback create a circumstance that
does not comply with 20.80:210(3) vision clearance.
(2) General Manufacturing District
. u All setbacks shall be increased
by one foot for each foot of building height which exceeds 35 feet.
. LbJThe building setbacks of WCC
20.80.210 shall not apply to utility or security structures such as poles, meters,
fences, guard structures and. the like. In additien, the zeniHg administicateF May
: u Setbacks for parcels
adjoining a nonindustrial district(s) shall be administered pursuant to WCC
20.67.550 (Buffer Area).
(d) The provisions of 20.80.2540)(d) may be applied to side and rear yard
setbacks in the General Manufacturing District.
(e) The zoning administrator may reduce setbacks for nonindustrial buildings
to those of Light Impact Industrial if'the reduced setbacks would not interfere with
existing sewer, water and other easements. A greater reduction in setback reauires
approval under 20.80.254(2)(d).
(3) Heavy Impact Industrial District
20.80.263 Heavy Impaet industfial . u All setbacks shall be
increased by one foot for each foot of building height, excluding tanks and similar
structures, which exceeds 50 feet.
20.80.268 Heavy impeet IndustFial . (b) The building setbacks of
WCC 20.80.210 shall not apply to utility or security structures such as poles,
meters, fences, guard structures and the like, nor to structures relating to shipment
on railroad rights -of -way; provided that no traffic hazards are created. For
nonindustrial buildings, the provisions of WCC 20.80.286(3) shall apply.
u Setbacks for parcels
adjoining a nonindustrial district(s) shall be administered pursuant to WCC
20.68.550 (Buffer Area) and Policy 1.05 of the Heavy Impact Industrial designation
of the Cherry Point - Ferndale Subarea Plan.
[20-.80.2861(i) Heavy itNal Dwsticiet-. (d) the £setback
requirements of the Heavy Impact Industrial District shall apply to the storing and
handling ofd hazardous materials provided that if she" be administeFed puiesuant
te this seetoen, a eensistent federal and/or state regulations require different
setbacks, the greater setback (county, federal, or state) shall be used., whieheve
u The zoning administrator may reduce setbacks for nonindustrial buildings
to those of Light Impact Industrial if the reduced setbacks would not interfere with
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existing sewer, water and other easements. A greater reduction in setback requires
approval under 20.80.254(3)(d).
(4) Airport Operations District
: (a) Setbacks for parcels adjoining
a nonindustrial district shall be administered pursuant to WCC 20.70.550 (Buffer
Area).
(b) The provisions of 20.80.2540)(d) may be applied to side and rear vard
setbacks in the Airport Operation District.
20.80.255 Agriculture District
20.80.282 AgFieultwFe . (1) The 50 -foot front yard setback requirement for
new buildings or additions may be waived if the zoning administrator finds the new
building or addition is located along the same building line(s) of existing structures
and will result in no additional encroachment, the public interest, safety and health
are protected; provided, that for a new building the applicant shall also demonstrate
that the proposed location is necessary for the economic viability and the continued
operation of the agricultural use.
,
ef fafm animals she" net be eenstFaeted w thin 300 feet ef any eAsting
(2) The separation between residences not located on the same property and
farm uses such as barns, pens, milking sheds, or areas used to contain,
house or feed animals or store manure or feed, shall be 300 feet.
Pastures are excluded from this section's requirements.
(3) Parcels of less than five nominal acres shall have the following minimum
setbacks:
Front Yards:
— Primary arterials and secondary arterials: 45 feet. -
- Collector arterials: 35 feet.
— Neighborhood collectors, local access streets: 25 feet.
— Minor access streets: 20 feet.
Side Yards: Minimum side yard setbacks shall be five feet.
Rear Yards: Minimum rear yard setbacks shall be five feet.
20.80.256 Forestry Districts
20.80.76.273 FeFestfy . (1) Setbacks shall be increased to 1-00 feet for
those parcels in the Rural Forestry zone situated adjacent to the Commercial
Forestry zone, except that such parcels whose owners have filed an agreement with
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the county auditor as specified in WCC 20.42.651 shall be subject to the standard
setback in WCC 20.80.210. Forest industry buildings, stationary equipment e-or
storage areas excluding scaling stations and watchman's stations shall not be
located within 100 feet of any other zone district.
20.80.76.282 -FeFesticy . Parcels utilized solely for community centers
shall observe the following minimum setback requirements: front yard: 50 feet; side
yard: 25 feet; rear yard: 25 feet.
{-2} Where a parcel, created pursuant to the clustering provision (WCC
20.42.300) or the planned unit development provision (Chapter 20.85 WCC) or
when a permitted residence (WCC 20.42.056), adjoins an existing parcel of 20
acres or more in size that is being cultivated for the production of food or fiber, a
minimum building setback of 100 feet shall be established from the common
property line.
{3} (4) For parcels of less than five nominal acres, unless the provisions of
WCC 20.80.283(2) above are applicable, a minimum five -foot side yard and a
minimum five -foot rear yard setback shall be observed.
20.80.257 Recreation Open Space District
20.80.284 ReeFeatien and Open Speee .(1) Parcels utilized solely for
community center$ shall observe the following minimum setback requirements:
front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
(2) Shoreline setbacks shall be administered consistent with the Shoreline
Management Program of Whatcom County; provided that a 25 -foot setback is
maintained from the ordinary high water mark of all water bodies and a 50 -foot
setback is maintained from the ordinary high water mark of fish spawn streams.
20.80.24B-7.258 All districts
(1) No manure lagoon or other open pit storage shall be located closer than
150 feet from any property line, or in a manner which creates any likelihood of
ground water pollution or other health hazard.
(2) All manure storage shall be protected from a 25 -year flood; and shall be
located 50 feet from irrigation ditches and waterways, 50 feet from the ordinary
high water line of any lake or waterway; provided that best management practices
as determined by the Whatcom County Conservation District are in place. If the
best management practices are not in place, 300 feet shall be substituted for 50
feet.
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Definitions- Add the following definition to 20.97:
20.97.428 Solar access.
"Solar access" means a property owner's right to have the sunlight shine on
the owner's land.
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