Loading...
HomeMy WebLinkAboutord1996-056WHATCOM COUNTY COUNCIL AGENDA BILL NO. 96-395 CLEARANCES it Date Date Received in Council Office: Agenda date Assigned to: )riginator: Terry Galvin 11 -01 -96 NOV 6= ': WHATCOM COUN'ly COUNCIL 11 / 12 / 9 6 Introduction Division Head: Elizabeth Sjostrom 11 -01 -96 11/26/96 Planning / Council Dept. Head: Michael Knapp 11 -01 -96 Prosecutor: Purchasing /Budget: Executive: ��� / — 3 y( SUBJECT. • An Ordinance Amending the Official Whatcom County Zoning Ordinance, Title 20, and the Official Whatcom County Subdivision Ordinance, Title 21 to Clarify Existing Code Language. ATTACHMENTS: Proposed Ordinance Agency Report with attached Staff Report Draft Planning Commission Minutes ��c7 SUMMARY STATEMENT. • Please complete sections of box as appropriate & explain the item below. Related County contract #: n/a Should Clerk schedule a hearing? NO /X/ YES / / Requested date: Amount budgeted for this item /project: $ n/a is it (or will it be) within budget? YES / / NO / / (Please explain below) n/a iudQet line item number(s): n/a In March 1995, Whatcom County Council directed staff to develop a regulatory reform strategy. As a first step in this strategy, staff worked with a consultant to develop a preliminary list of changes related to Title 20 and Title 21 to clarify existing code language. Planning Commission unanimously recommended approval of the request, although several items were determined to be more substantive in nature and will be held for review during Phase II when more substantive changes will be studied. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council accept this recommendation of the Planning Commission. COMMITTEE ACTION TAKEN: COUNCIL ACTION TAKEN: 1996-395 11/12/96: Introduced 11126196: Amended & Adopted 7 - 0. Ord. #96 -056 File Numbers: Ordinance or Resolution Number (this item only): r � •� Q(� — ©SCo File CAt \reform 1 2 SPONSORED BY: Consent PROPOSED BY: Council 3 INTRODUCTION DATE: 11/12/96 M ORDINANCE NO. 968056 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, AND THE OFFICIAL WHATCOM COUNTY SUBDIVISION ORDINANCE, TITLE 21 TO CLARIFY EXISTING CODE LANGUAGE. WHEREAS, in March 1995, the Whatcom County Council directed staff to develop a regulatory reform strategy; and WHEREAS, The first phase of the regulatory reform strategy is to clarify existing code language by eliminating conflict and duplication in code language; and WHEREAS, staff, working with a consultant, developed a preliminary list of changes related to Titles 20 and 21, to clarify existing code language; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on September 26, 1996; and WHEREAS, the Deputy SEPA Official has determined that the proposed changes are exempt from SEPA review pursuant to WAC 197-11-800(20); and WHEREAS, the Land Use and Planning Divisions of the Planning and Development Services Department played a key role in the development of the recommended changes to the code; and WHEREAS, the Planning Commission held a public hearing and work session on October 10, 1996, and addressed the proposed amendments and considered all testimony; and WHEREAS, the Planning Commission unanimously recommended approval of the request; and WHEREAS, the Council held a public meeting on November 26, 1996 to consider this matter and approved the Planning Commission's recommendation; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and Page 1 WHEREAS, the Council has adopted the following Findings and Conclusion: FINDINGS 1. The Land Use titles of Whatcom County Code currently include language that is duplicative and conflicting with other language. 2. A regulatory reform strategy has been developed that is designed to correct errors, improve readability and efficiency in the Land Use titles of the county code. 3. The first step in the regulatory reform strategy is the "code scrub," a general clean up of existing Land Use titles for clarity in code language. 4. The text changes will not result in more restrictive regulation. 5. There are no substantive policy issues involved in the proposed changes. 6. The minor text changes will clarify meaning by adding or deleting certain words in the text. 7. The text changes will make language consistent with most current state statutes. 8. The text changes will make language consistent with subsequently adopted county statutes. 9. The text changes will correct obvious flaws or errors in syntax that yield unreasonable conclusions or interpretations. CONCLUSION The proposed code scrub changes are a necessary first step in Whatcom County's initiative to improve the readability and efficiency of the Whatcom County Code. Titles 20 and 21 will be significantly improved by these changes. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Title 20 and Title 21 of Whatcom County Code shall be amended as indicated in Attachment A. Section 2. the revised expiration and extension provisions adopted herein for plats (WCC 21.20.1 10) and planned unit developments (WCC 20.85.355) shall apply to all new and to all previously approved and unexpired planned unit developments and plats. Section 3. 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. Page 2 1 ADOPTED this 26 day of November 1996. 2 3 4 WHATCOM COUNTY COUNCIL 5 ATTEST: WHATCOM COUNTY, WASHINGTON 6 8 9 � 10 town- Davis, Council Clerk L. Ward Nels , Ch 'rperson 11 12 13 14 APPROVED as to form $.. (4 Approved (1 Denied 15 16 17 18 19 Karen Frakes, Civil Deputy Prosecutor Pe a Kremen, Executive 20 21 22 _ Date: Page 3 Attachment A - Code Scrub File 16 -96:ZT Whatcom County Planning ATTACHMENT A REGULATORY REFORM Proposed Code Scrub Amendments WCC Title 20 A. 20.XX Multiple Zone Districts December 3, 1996 Page - 1 - Tq0 COIJ�� 1L �V 1. 20.XX.650 All Zone Districts where applicable - Development Standards. Change language. of section heading to read as follows: 20.XX.650 Development *. sta s 2. 20.XX All Zone Districts All Sections: Change the term "development permit" to "project permit" where ever it appears in Title 20. B. 20.20 Urban Residential District 1. 20.20 Urban Residential, District - Permitted Uses. Change 20.20.056(8) to read: (8) The lot does not have a single - family residence; provided that'rili *<irll? rx > ":C the storage of one unoccupied recreational vehicle is ........... ....::::.:: the permitted. 2. 20.20.133 Urban Residential- Administrative Approval Uses - Light Fabrication. Change the language of 20.20.1 33 to read: These uses are .:..:..... � allowed in UR designations in the Foothills and South Fork Valley Subareas enly e� ri! i any area .::r a d, # e : l rat�tp r t :.......:.......::..............................::........ ....::................:..:..:.: r re e e e ?la •���•' ^� ^� °•� "^ ^� ° °� ^^ °fled as a Hamlet or as a an to be X. a Hamlet. in the evefa# eempfehensive plan. 3. 20.20.160 Urban Residential District - Conditional Uses. Change 20.20. 160 to read as follows: .160 intensive animal husbandFy— practiees sueh as confinement feeding operations and feed lots. Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning C. 20.22. Urban Residential - Medium Density December 3, 1996 Page -2- 1. 20.22.Urban Residential - Medium Density - Permitted Uses. Change 20.22.051 and .052 as follows: 051 Single- family dwellings, duplexes, and multi - family dwellings (1) The total . Fnheefdw f IrtI' d let. c RQ rtrits 6 eS- nvr+ emceed w Tper the .d'.. +.'et dwellings, 22 Single family duplexes, dwellings and multifamily with a tetal ef the .d'..+.'et 20.22.650), Feadways up to neeessaFy standards shall -he pFevided. D. 20.32 Residential Rural District 1. 20.32.054 Residential Rural - Permitted Uses. Change 20.32.054 to read as follows: E. 20.32 Residential Rural District 1. 20.32.160 Residential Rural District - Conditional Uses. Change 20.32.160 to read as follows: .160 intensive anknal husbandfy ffeetiees sueh as Oeonfinement feeding operations and feed lots. Attachment A - Code Scrub File 16 -96.ZT December 3, 1996 Whatcom County Planning Page - 3 - F. 20.34 Residential Rural - Island 1. 20.34.162 Residential Rural Island District - Conditional Uses. Change 2a34.162 to read as follows: .160 intensive animal husbandFy pFaetiees sueh as Oeonfinement feeding operations and feed lots. 2. 20.34.251 Residential Rural Island - Minimum Lot Size Maximum Density. Change first paragraph to read: For the purpose of creating new building lots with the Rural Residential- Island District, several land use densities are herein provided.<Pi#ii The minimum lot size requirements for new construction vary according to the method of subdivision design. IKir4i' Y9T7GI- C• - the .� �. eenventienal 3. 20.34.658 Residential Rural Island - Ground Water Regulations. Change the language of 20.34.658 (2) to read as follows: (2) There shall be no underground storage of fuel tanks i#11t where public water supplies could be endangered. G. 20.35 Eliza Island District 1. 20.35.100 Eliza Island District - Accessory Uses. Add the following accessory use category: 106 Solar and wind power plants serving two or less residences. H. 20.36 Rural District 1. 20.36.105 Rural District - Accessory Uses. Change to read as follows: `) MM-' arketing, by the operator, of Whatcom County products which :.......:.. : .......... :::.:. originate from the permitted uses stated in WCC 20.36.052 and 20.36.055 provided: Attachment A - Code Scrub File 16-96.ZT Whatcom County Planning - December 3, 1996 Page -4- Only one stand containing not more than 500 square feet of floor area shall be permitted; Such stand shall be subject to the setback requirements of WCC 20.80.200; and 4a# Such stand shall be provided with a sufficient area to permit at least five automobiles to park safely off the road right-of-way and to reenter the traffic in a forward motion. 2. 20.36.156 Rural District - Conditional Uses. Change 20.20.36 to read as follows: .156 PFffivate gcommercial kennels and stables intended for boarding, PFepagatieR or training of domestic animals. 3. 20.36.171 Rural District - Conditional Uses. Change to read as follows: .171 intensive anamal husbandFY ffaetieeG GUeh as i ,G-1-eonfinement feeding operations and feed lots. 4. 20.36.251 Rural District - Minimum Lot Size and Maximum Density. Change to read as follows: For the purpose of creating new building lots within the Rural District, several land use densities are herein provided. The minimum lot size and maximum density requirement for new construction may vary according to the method of subdivision design. Where the conventional subdivision method is used to create new building lots, the minimum lot size shall be two, five, or 10 acre ................ ...... ....... ............. .... .................. . ...... . ... a f n, Mg. Where the let cluster subdivision method is used, the minimum lot size is based on the consideration of the district's setback requirements (WCC 20.80.200) and the Bellingham-Whatcom County Health Department regulations for on-site septic disposal, but shall not be less than that shown below.. Where the cluster subdivision method is used, dwelling unit densities may be increased according to the cluster bonus schedule in WCC 20.26.252, M . ...... .................................................................................................................................................................. I. 20.40 Agricultural District 1. 20.40.104 Agricultural District - Accessory Uses. Change to 20.40.104 to read, originate from the permitted uses stated in WCC 20.36.052 and 20.36.055 Attachment A - Code Scrub File 16-96.ZT Whatcom County Planning December 3, 1996 - Page -5- provided: {-4} Only one stand containing not more than 500 square feet of floor area shall be permitted; Such stand shall be subject to the setback requirements of WCC 20.80.200; and Such stand shall be provided with a sufficient area to permit at least five automobiles to park safely off the road right-of-way and to reenter the traffic in a forward motion. 2. 20.40.158 Agricultural District - Conditional Uses. Change 20.40.158 to read as follows: 158 i it fi Heme eeewpation employing from three to six persons outside the immediate On C —X rovided that.,:j �qj--:: ................... C the hearing examiner J. 20.42 Rural Forestry District 1. 20.42.100 Rural Forestry - Accessory Uses. Add new section .103 and renumber remaining items. 1 MMarketing, by the operator, of Whatcom County products which originate from the permitted uses state in WCC 20.42.050 provided: Only one stand containing not more than 500 square feet of floor area shall be permitted; Such stand shall be subject to the setback requirements of WCC 20.80.200; and Such stand shall be provided with a sufficient area to permit at least five automobiles to park safely off the road right-of-way and to reenter the traffic in a forward motion. 2. 20.42.150 Rural Forestry - Conditional Uses. Add new language as follows: Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page -6- 3. 20.42.152 Rural Forestry - Conditional Uses. Delete this section. 4. 20.42.251 Rural Forestry District - Minimum Lot Size Change 20.42.251 to read as follows: 20.42.251 Minimum lot size. ........ ............................ >; For the purpose of creating new i1ti building lots within the Forestry District, one land use density is provided. The minimum lot size requirements for ............................ new i<;%tii���;�� construction vary according to the method of subdivision. When ............................ ............................. the conventional subdivision method is used to create new building lots, the minimum lot size shall be 20 nominal acres or 1/32 of a section. When the 4et cluster subdivision method is used, the minimum lot size is based on consideration of the district's setback requirements (WCC 20.80.200) and health department requirements for on -site wastewater disposal. 5. 20.42.330 Rural Forestry District - Planned Unit Developments. Amend to read as follows: 0 ow To A K. 20.43 Commercial Forestry District 1. 20.43.152 Commercial Forestry - Conditional Uses. Delete this section: VIM:, R� i Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning L. 20.60 Neighborhood Commercial December 3, 1996 Page - 7 - 1. 20.60.350 and .550 General Commercial District - Setback and Buffer Requirements. Amend section 20.02.350 and 550 to read as follows: 20.60.350 Building setbacks. Building setbacks shall be administered pursuant to WCC 20.80.200 i'rti 20.60.550 Buffer area. When parcels situated within this district adjoin. an Urban Residential, Urban Residential Medium Density, Residential Rural or Rural District, side and rear yard setbac k s shall be increased to 2 5 f eet .�), j4 Said area shall be landscaped consistent with the requirements of WCC 20.80.3445. M. 20.62 General Commercial District 1. 20.62.061 and 20.62.063 General Commercial District - Permitted Uses. Change 20.62, 06 1 as follows: 061 Public fa^01°�and utilities 2. 20.62.153 and 20.62.157 General Commercial - Conditional Uses. Delete section 20.62. 157 and change section 20.62. 153 to read as follows: .153 Amusement parks, outdoor theaters and other outdoor commercial recreatiorifi r i c . 3. 20.62.350 and .550 General Commercial District - Setback and Buffer Requirements. Amend section 20,62.350 and 550. 20.62.350 Building setbacks. Building }�ysetbacks shall be administered pursuant to WCC 20.80.200 i : rt: 'I: :K f: .......... . ............................... .. .. ............................. . ............................... 20.62.550 Buffer area. When parcels situated within this district adjoin an Urban Residential, Urban Residential Medium Density, Residential Rural, or Rural District, side and rear yard setbacks shall be increased to 25 feet pia '.. >::ire.::dae€�r#::: >e - �a a € i Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page -B- #`e;>. Said area shall be landscaped consistent with the requirements of WCC 20.80.345. N. 20.63 Tourist Commercial District 1. 20.63.350 and 550 Tourist Commercial District - Setback and Buffer Requirements. Amend sections 20.63.350 and .550 to read as follows: (add reference to 20.80.274(3) to 20.63.350 and amend 20.80.274(3). 20.63.350 Building setbacks. Building setbacks shall be administered pursuant to WCC 20.80.200 .. ............................... . ............................... .. ............................... 20.63.550 Buffer area. When parcels situated within this district adjoin an Urban Residential, Urban Residential Medium Density, Rural or Residential Rural District, side and rear yard :>:;.»:<::;:.<:: ::;; s e tb ac k s shall be i ncre ase d t o 25 fee t - ,;� ; >.... :. t; jC:Said area shall be landscaped consistent with the requirements of WCC 20.80.345. 0. 20.64 Resort Commercial District 1. 20.64.010 Resort Commercial District - Permitted Uses. Delete section 20.64.066 .T - -- -- -- -- -- - - -- -- - - -- -- - -- - - - -- - -- - -- -- - - - -- - - -- - -- - -- - - - - - -- - - - -- -- - - - -- - - -- - - -- - - - - - - - -- - -- - IN. . .. . .. Attachment A - Code Scrub File 16 -96:ZT W.hatcom County Planning December 3, 1996 Page -9- 2. 20.64.350 and .550 Resort Commercial District - Buffer Requirements. Amend section 20.64.350 and .550 to read as follows: 20.64.350 Building setbacks. Building setbacks shall be administered pursuant to WCC 20.80.200 WO Q except as provided below. 20.64.550 Buffer area. Except for single - family residences, when a parcel situated within this district adjoin an Urban Residential, Urban Residential Medium Density, Residential Rural, or Rural District, side and rear yard setbacks shall be increased to 25 feet:*< ii ::i ::::::::::::::::«:< >i {i {i"Y h :;r :;e: Said area shall be landscaped P...P...... p consistent with the requirements of WCC 20.80.345. P. 20.66 Light Impact Industrial District 1. 20.66.067 Light Impact Industrial District - Permitted Uses. Change section to read as follows: 06 7 Construction Contractor's o ffic es a n d ards Q. 20.72 Point Roberts Special District 1. 20.72.651 (1) Point Roberts Special District - Facility Design. Change to read as follows: (1) All structures or developments other than a single - family home on an requirements of "` PII)i. individual lot shall conform to the re q ::::.............................................. ...,........................... S. 20.80 Supplemental Requirements 1. 20.80.210 Supplemental Requirements - Minimum Building Setbacks. Change footnote + in table to read as follows: _ . .. Q L-1111111 2. 20.64.350 and .550 Resort Commercial District - Buffer Requirements. Amend section 20.64.350 and .550 to read as follows: 20.64.350 Building setbacks. Building setbacks shall be administered pursuant to WCC 20.80.200 WO Q except as provided below. 20.64.550 Buffer area. Except for single - family residences, when a parcel situated within this district adjoin an Urban Residential, Urban Residential Medium Density, Residential Rural, or Rural District, side and rear yard setbacks shall be increased to 25 feet:*< ii ::i ::::::::::::::::«:< >i {i {i"Y h :;r :;e: Said area shall be landscaped P...P...... p consistent with the requirements of WCC 20.80.345. P. 20.66 Light Impact Industrial District 1. 20.66.067 Light Impact Industrial District - Permitted Uses. Change section to read as follows: 06 7 Construction Contractor's o ffic es a n d ards Q. 20.72 Point Roberts Special District 1. 20.72.651 (1) Point Roberts Special District - Facility Design. Change to read as follows: (1) All structures or developments other than a single - family home on an requirements of "` PII)i. individual lot shall conform to the re q ::::.............................................. ...,........................... S. 20.80 Supplemental Requirements 1. 20.80.210 Supplemental Requirements - Minimum Building Setbacks. Change footnote + in table to read as follows: Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page- 10- + Refer to additional provisions of WCC 20.80.250, 20.80.260, 20.80.270, 20.80.280, 20.80.290,and 20.80 and buffer requirements for individual zones. 2. 20.80.261 and .286(2) Supplemental Requirements - Certain Structures Exempt from Setback Requirements. Change 20.80.261 and. 286(2) to read as follows: 20.80.261 Light Impact Industrial District. "rhe 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.`;; 20.80.286 Industrial Districts. (2) General Manufacturing, Light Impact Industrial, and Airport Operations Districts: The zoning administrator may reduce side and rear yard setbacks down as far as zero if all of the following provisions are met: (a) Screening shall be provided to protect adjacent uses from unsightliness or visual distraction; (b) All structures and improvements including roof overhangs do not cross property boundaries, and runoff shall be diverted to on -site drainage facilities; (c) The reduced setbacks would not reduce solar access on adjacent properties unless all 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; (d) Light sources would be-shielded; (e) The use and storage of toxic or hazardous materials or processes shall not be located within -the setback unless adequate facilities to contain accidental spills on -site (f) The reduced setbacks would not interfere with existing sewer, water and other easements. 3. 20.80.262 Supplemental Requirements - Certain Structures Exempt From Setback Requirements. Change 20.80.262 to read as follows: 20.80.262 Light Impact Industrial District. 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 likes Attachment A - Code Scrub File 16 -96 :ZT Whatcom County Planning December 3, 1996 Page -11- 4. 20.80.274 Supplemental Requirements - Commercial Districts. Amend 20.80.2 74 to read as follows: 20.80.274 Commercial Districts. (4) Resort Commercial District: setbacks shall be ased to 26 feet for those parcels situated adjacent to Urban Residential, Rural �Residential R u r I and Z Zone t.:: ; 5. 20.80.410 Supplemental Requirements - General Provisions - Applicable to All Districts. Add the word "Signs" to the section title and amend section 20.8a4 10(l) to read as follows: ................. 20.80.410 ... General Provisions - Applicable to All Districts. (1) No sign or any portion of a sign shall be located on or over public property, such as road rights -of -way and easements, transmission line corridors or utility easements. Standard building height limits and setbacks shall apply to all signs unless otherwise provided heFe }ej .::.::.:t: ...... ii;z: ii.iiii'::i'n': : All freestanding signs advertising on-premises 9 9 9 P operations may be located within required landscaping areas, except that no such sign shall be closer than 10 feet to the road right -of -way. This distance shall be increased if it can be shown to present a traffic hazard. 6. 20.80.575 Supplemental Requirements - Offstreet Parking and Loading Attachment A - Code Scrub File 16 -96.ZT December 3, 1996 Whatcom County Planning Page - 12 - Requirements. Change to read as follows: 20.80.575 Striping AllhaFdSUFfae parking areas with a capacity over 12 vehicles sheuld S1` 11 be striped between stalls to facilitate the movement into and out of the parking stalls. 7. 20.80.585 Supplemental Requirements - Offstreet Parking and Loading Requirements. Change section to read as follows: 20.80.585 + larieapi€ Parking. Hand+e-a Oarking must be installed in accordance with r 'I state regulations.ADA�Iit3. vu..v...yv ......... ..,y.... v ................1., net less than feet e ,.h . wide. .. ............... ..c. v..v I.,.. - -.Z, ..�,...... ...... The fa LM1, ,2 f'.•," toted. table, tanti— Fnere 7"I�b" T�Ue'e" -J GTI1T1"1 j stable, s smee'th, , Slip Fesi a7iad— .shall_slep et On CO. A "Handeeap Aeeessn be _en the than e s shall painted stall 8. 20.80.600 Supplemental Requirements - Other Development Standards. Delete 20.80.610 9. 20.80.630 Other Development Standards - Stormwater and Drainage. Add new item 3 to list of items in this section. 20.80.630 Stormwater and Drainage. (1) All development activity within Whatcom County shall be subject to the stormwater management provisions of the Whatcom County Development Standards unless specifically exempted. (2) No development permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the Whatcom County Development Standards. Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning 10. 20.80.635(2)(a) Supplemental Requirements section 20.80.635(2)(a) to read as follows: 20.80.635 (2) Runoff Control December 3, 1996 Page - 13, - Conformance Required. Amend (a)Proposed development projects, except as noted below, shall provide runoff controls to limit the developed condition peak rates of runoff to the predevelopment peak rates for the following storm events in compliance with best management practices: 1. The ene- � t year storm event; 2. The 10 -year storm event; 3. The 25 -year storm event; 4. The 100 -year storm event. 11. 20.80.800 Supplemental Requirements- Livestock Regulations. Amend 20, 80.801 and 20.80.805 to read as follows: 20.80.800 Livestock regulations. 20.80.801 Purpose. -fhe purpose of these livestock regulations is to establish standards for the number of animal units on relatively small acreage parcels where compatibility may become an issue. T, eFef-eFe, >hese : ' ' ' : >� " regulations shall only apply to parcels of less than 10 acres in size in the Urban Residential, Residential Rural, Rural Residential - Island, Rural or Forestry Districts ilwifie ": M M (Ord. 87 -12, 1987; Ord. 87 -11, 1987; Ord. 85 -100, 1985; Ord. 82 -58, 1982). 20.80.805 Animal Units. The number of animal units which are permissible in those zone districts that refer to this section shall be consistent with the following standards: 1 Gne Animal unit: "'".: .<..() ': °' ;f i.:::....:: < :>..:: r >tfi ' . '`.equals ............ ............................... , and horses under one year, calves under six months, and sheep, goats and pigs under three months shall not be included when computing animal units. (2) Lots which have an area of less than one -half acre may not keep an animal unit. (3) Lots with an area of one -half acre or more, and less than or equal to one acre may keep one animal unit. Attachment A - Code Scrub File 16 -96.ZT December 3, 1996 Whatcom County Planning Page - 14 - (4) Lots exceeding one acre in size may increase the number of animals at the rate of one animal unit per one -half acre of land area in excess of one acre. (5) Bulls and stallions over six months of age shall be prohibited, and the keeping of mink, foxes or other nondomestic fur - bearing animals shall be prohibited. (6) All animal units shall .be confined to the building lot or parcel unless otherwise provided. (Ord. 87 -12, 1987; Ord. 87 -11, 1987). T. 20.82 Public Utilities 1. 20.82 Public Utilities. Amend the public utilties section 20.82 to read as follows: 20.82.010 Intent. PeMit`ed ..................... The provision of this A r eFdinanee shall not be construed to limit or interfere with the installation, maintenance and operation of public utility lines, pipelines for oil and gas, railroads (but not including switching yards or round houses), or maintenance facilities. 20.82.020 Permitted Uses. 20.82.00 Conditional Uses. Trunk utility lines, electronic communications and associated minimal maintenance and operation structures, water storage reservoirs with volumes exceeding 50,000 gallons or those with height in excess of 12 feet above the ground level measured within 20 feet in all directions of the tank, pumping stations! €ihr€ fund strcrct ese:::::,:::_:€r1;#30gare feet rn arer:a �r #teat ent plants, sanitary sewer outfalls, substations, and electrical substations shall require a conditional use permit and shall be subject to a threshold determination in accordance with the Whatcom County SEPA Ordinance. Solid waste facilities and large scale electrical generating plants are not conditional uses under the name "public utilities" but are restricted to where they are separately named as uses. Attachment A - Code Scrub File 16 -96 :ZT Whatcom County Planning December 3, 1996 Page- 15- Except on land where such permits have already been granted or in those districts classified as industrial, no conditional use permit shall be granted for electrical power transmission lines carrying more than 115,000 volts. U. 20.84 Variances Conditional Uses and Appeals 1. 20.84 Variances, Conditional Uses, and Appeals. Change chapter title to read as follows: Variances Conditionals Uses,-.,..-.-. ,: lf::::`:` : ,' ' r'r'i:' °.'° ':`::'< and Appeals. 2. 20.84.250 Variances, Conditional Uses, Appeals, and Fees. Amend 20.84,250 to read as follows: 20.84.250 Fees. V. 20.85 Planned Unit Developments. 1. 20.85.050 Planned Unit Developments - Permitted Uses. Amend 20.85.51 to read as follows: 'n .051 - The -t+ : :ses al+ewed outright permitted in a ... €" i n i::ths- ermitted shall e 5. the undelying zone districtarl;;pltee as provided in WCC - -- -- - - - - -- - - -- - -- - -- - - -- -- - - -- -- - - - - - -- - - -- -- - -- -- - - -- -- MOM2 - - - - -- -- - - -- -- -- -- -- -- - -- - - - -- - - -- -- - -- -- - - -- - -- - - -- - -- - - - - -- - -- - _ ... 11.9 MMM 1.4 - - -- -- -- -- -- -- -- TJA-- .. .. .. V. 20.85 Planned Unit Developments. 1. 20.85.050 Planned Unit Developments - Permitted Uses. Amend 20.85.51 to read as follows: 'n .051 - The -t+ : :ses al+ewed outright permitted in a ... €" i n i::ths- ermitted shall e 5. the undelying zone districtarl;;pltee as provided in WCC Attachment A - Code Scrub File 16 -96:ZT December 3, 1996 Whatcom County Planning Page - 16 - 20.85.052 to 20.85.055 2. 20.85.200 Planned Unit Developments - Information Submittal. Amend as follows: 20.85.200 Information Submittal. The information required in the following sections shall be submitted with planned unit development applications. 20.85.201 General Provisions. (1) Information submitted for initial review is to be an approximate description indicating the general nature of the proposal. Data shall be based on the applicant's best knowledge or intent of the proposal and shall be sufficiently clear to demonstrate how the project complies with the provisions of this chapter. Information required shall be limited to the area the application includes. (2) The zoning administrator shall have the authority to waive any portion of the information requirements herein; provided that the information has been included with a previous rezone request, approved permit or concept plan, and the present PUD application is consistent with the previous action to the extent that the subject data is applicable. 20.85.202 Textual Information. (1) General Data: (a) The title and location of the proposed development, together with the names, addresses and telephone numbers of the record owner or owners of the land and the application, and, if applicable, the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. (b) The legal description of the subject property. (c) Identify, if known, all special service districts, including fire, school (for residential projects only), drainage and flood control in which the site is located. (d) Description of the proposed PUD including: i. Total area of the PUD; ii. Total area of open space and percentage it represents of the total project area; iii. Total area of impervious surfacing; ...................... iv. Number of parcels and /or lease areas, average rj1? Attachment A - Code Scrub File 96 -96.ZT Whatcom County Planning December 3, 9996 Page - 17 - parcel size and the size of the smallest parcel; V. Proposed ownership of land areas within the PUD both during and after construction; V1. Method of achieving compatibility between the PUD and off -site uses and between potentially incompatible on -site uses; vii. How density bonus requirements are being met including, when applicable, description of recreation facilities and the proposed method to protect adequate access to sunlight for use by each of the proposed solar energy systems; and viii. Development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed. (e) Copy of all existing deeds, and existing ate- pFepesed restrictive covenants or other i J t iz legal restrictions which apply to the project site..ITT' (f) The names and addresses of all' property owners within 300 feet of the site taken from the latest equalized tax roles. (2) Data for Residential Development: (a) Proposed number of dwelling units by type and the amount of site area devoted to each type . (b) Gross density of the dwelling units. (6) FGF mu trraTrmT° TTQceFe rvrrtrreacvcr6prrrenc, the -vcs ci=i}TtFA rrOr (3) Data for Nonresidential Development: (a) Description of each type of proposed commercial and industrial use and amount of site area devote to each type of use. (b) The proposed number of square feet in gross floor area for each type of commercial and industrial use. An initial plan and any Fnai3,s, at a minimum scale of one inch equals 100 feet r u "'..9 . i a ics P.M.6, P fF ::P.::1.:::.: 9 p , :.:::::::::::::::::.::. c ? r€ `j; i'n j ``` , to show ma'or details of the proposed PUD. Tlie )€j p. 1 ......... ............................... J tial plan ( €based on a survey or existing survey data of the subject sitet: -he survey data shall be prepared by a registered land surveyor, registered civil engineer or other professional licensed to conduct surveys. The initial plan 1 Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page - 18 - (1) Proposed name of the development, northpoint, scale, date and address, and telephone number of the preparer of the site plan /supporting maps. (2) Existing site conditions including water courses, wetland area, flood plains, unique natural features, forest cover and elevation contours of sufficient intervals to indicate the topography of the entire tract for a sufficient distance beyond the boundaries of the proposed development to depict any features within 300 feet which may affect site development. tjr Cix &ontour information shall be as follows: -(a) Up to ten percent slopes, two -foot contours. (b) Over ten percent to less than twenty percent slopes, five -foot contours. (c) 20 percent or greater slopes, 10 -foot contours. ..................... (3) Location of all existing, lot lines, lease areas, and easements, ai#) .............. . (4) The locations, d;Fnens*eR and identification of all existing and PFOPOS buildings, structures and other improvements ineluding maximum heights and types efus The location € r > a t `jt r <I<'of proposed buildings including maximum height and type of use. (5) For residential structures, provide the types and number of residential units m each st uctu o € :..0f res. ....... 'f �..p .......... t 00JI.: !�0 '# .... .. li (6) For nonresidential buildings, the gross floor area of each building. (7) The location and square footage ` °llto m n b a co nv a conveyed, de di cate d or reserved d as co m open spaces, public parks, recreational areas, school sites, and similar public and semi - public uses with notations of proposed ownership included where appropriate. (8) Landscaping and open space improvements plan WMM_ (9) The existing and proposed circulation system of arterial, collector and /or local streets, including right -of -way street widths, off - street parking areas, service areas, loading areas and major points of access to public rights -of -way (including major point of ingress and egress to the development). Notations of proposed ownership, public or private, shall be included where appropriate. (10) Location and width of existing and proposed sidewalks and trails. (1�E) The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences and walls. Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page - 19 - (1- ) The location of adjacent utilities including sanitary sewers, water lines and storm drainage facilities intended to serve the development, and a layout of the existing and proposed utilities within the development, Mum: `` :. ° n (14) Existing zoning and comprehensive plan boundaries for the site and adjacent property. (11) Information of contiguous properties within 300 feet of the proposed PUD including: (a).Existing and, if known, proposed land use and streets; and (b) Existing structures excluding accessory buildings, ownership tracts and unique natural features of the landscape, if readily accessible. (16) A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets, major physiographic and cultural features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features. 0 -7) If the applicant wishes to incorporate renewable energy features into the PUD, information shall be submitted which will describe the long -term usability of the energy source including: (a) Solar: (i) Solar site survey including solar sun chart; (ii) Shadow diagrams including schematic elevations of pertinent vegetation and structures, and existing major topographical features; (iii) General description of the solar system identifying type (passive or active), location and size (surface area);. (b) Wind: (i) Wind data including direction, frequency and intensity; (ii) Wind disruption information including potential on and off -site building construction, and major topographical features; (iii) Wind machine location and visual description; (c) Micro or small scale hydro: (i) Estimated annual energy output using flow duration curves; (ii) Stream data including low and average flows; (iii) Hydro site location and design; (iv) Status of Federal Energy Regulatory Commission (FERC) approval; (d) Geothermal: source of energy. Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning 20.85.204 Supplemental information. (1) A completed environmental checklist, December 3, 1996 Page - 20 - 43.21 G RG nom) as new OF heFeafteF amended-. (2) Where water and /or sanitation service is to be obtained from an existing public system, including a water association, a letter from the service purveyor indicating the availability and requirements for the service shall be included. (3) Where a new water system is proposed, include the source of the water, the estimated amount of water available from a ground water or surface water source, the status of water rights application, and the general location and size of the proposed pipe and other major appurtenances for development of community or public systems. The description shall also include improvements for fire protection. (4) A description of the sanitation facilities which shall include the method of sanitation and, where applicable, the location of community on -site sewage waste disposal systems, location of soil log holes, percolation rate data, and the general location and size of proposed pipe and other major appurtenances. Where on -site sanitation systems are proposed, the applicant shall provide evidence demonstrating the suitability therefore of all lots or any single lot. Percolation tests shall be performed by a licensed perc tester. (5) One copy of the water and sanitation information, particularly the soil log hole and percolation rate data, is recommended to be submitted directly to the health department prior to submittal of the planned unit development. (6) preliminary drainage and Fead— stud- consistent with the requirements of Whatcom County dFainage and Fead Development Standards. (7) The proposed method of providing long -term maintenance of improvements or facilities, including roads and sidewalks, drainage, on -site fire protection improvements, water and sanitation systems; and community or public open space. The purpose of this paragraph is to generally identify the method of maintenance and not to require detailed agreements. (a) If to be maintained by a governmental jurisdiction or existing water association, a letter from the jurisdiction or association shall be submitted specifying acceptance of maintenance responsibility and indicating the conditions, if any, upon which the acceptance is contingent. (b) If the maintenance is to be provided privately, the developer shall indicate the organization to provide the maintenance and the method and approximate amount of funding required therefor. (8) Additional information, in the form of detailed studies or surveys, may be reasonably required by the county if any portion of the site of a proposed PUD is within an unsuitable land area as defined by WCC 20.97.443. This information should be identified to the applicant at a preapplication conference. Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page - 21 - 3. 20.85.340(2) Planned Unit Developments - County Council. Amend section 20.85.340(2) to read as follows. (2) In the event the Council wishes to consider enacting a significant change that does not arise from the record, thfift" `3 hold its own public hearing, after giving notice thereof, and approve or deny the Planned Unit Development based upon its own findings and conclusions. <'<.b €i >>:ba`:h::(€€:.:{( aThe Council's decision shall be based upon the official record, WCC 20.85.335 and other applicable law. 4. 20.85.355 Planned Unit Developments - Initial Approval Time Limits. Amend 20.85.355 to read as follows: 20.85.355 Initial Approval Time Limits. (1) The applicant shall have #weeyears from the date of council action, cxd:rd:: aka ra.:;: ::faiu< to submit the final application pursuant P;:.:.;:.;:..;:.:.:.:.;.:;:.;::: P�:.;:.;:; :.;:.;.;:.;:.;;;:;;; pp p to WCC 20.85.365. - - - -- - - -- -- - - - -- - -- - - - - - -- - - -- - -- - Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page -22- rcviewed by - the iE9tirn7Z9urrci,' vcrtiEh - shall rrEFthiT- upheld the - vuririnfstFeit9%i- 5. 20.85.400 Planned Unit Developments - Fees. Amend 20.85.400 to read as follows: 20.85.400 Fees. -- - - - - - -- -- -- 001, -- -- A.M. -- -- - - - -- -- - ... .... - - -- -- -- - -- - - - -- - -- - - -- - - - -- -- -- - -- -- -- -- - - - - -- - - --- - -- - - - - - -- -- - - -- - -- -- - - - - -- - -- - - - - - -M-1 11. - - -- --- -- - -- -- - - -- -- -- -- - -- -- -- - - - - - -- - -- -- -- - -- -- -- - - -- -- - -- -- -- - - -- •, .., Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning W. 20.92 Hearing Examiner December 3, 1996 Page -23- 1. 20.92.200 Hearing Examiner - Duties and Powers. Amend section 20.92.205 to read as follows: 20.92.205 Recommended Decisions. The hearing examiner shall conduct an p' >`r`r`Ii €1+e— f�eeir�gs and ...................:::..:.. .:::......::::::::::::::...:::. :.. prepare a record thereof, and make recommendations to the County ouncil for approval or disapproval of: (1) Major Development Permits. Such other permits as may be required from the county along with (1) ar #'} above for a given project. Applications where a Major Development Permit is required shall be processed...-.--.-.' rocessed ;:.::; >:::;:.:.::.: :: �,:::::<:,:;:'� {` <> .: {il ::> :.in the -sue m .:............................................ ............................... ............................................. ............................... . Applications for Planned Unit Developments shall be processed as set forth in WCC 20.85.M'''r':::::::H °" Est °:: () Proposed rates and charges or special assessments for Lake Management Districts. (Ord. 92 -011, 1992). 2. 20.92.210 Hearing Examiner - Final Decisions. Amend 2a92.2 10 to read as follows, add new section 2a92.2 11 to read as follows. 20.92.210 Final Decisions. The hearing examiner shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following atters: (1) Appeals from the decision of the dtr':# of technical committee as set forth in Chapter 21.280WCC for short plats. (2) Appeals from any orders, requirements, permit, decision or determination made by an administrative official in the administration of this ordinance or the subdivision ordinance, exclusive of long plat design and processing requirements. (3) Appeals from a decision of the administrator of the Shoreline Management Program. (4) Applications for zoning ordinance conditional use permits. (5) Applications for variances from the terms of the zoning ordinance. () Applications for shoreline management substantial development permits when no open record hearing is required. ($) Applications for variances from the terms of the Whatcom County Shoreline Management Program. Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page - 24 - ( . Applications for Shoreline Management Program conditional use permits. (40) Applications for flood damage prevention variances. (44`j`0. A pp eals from .$­ deelaFati n of significance, ia-Rd fine of nonsi nificance, din€ > >< <.t >;t (4� j Preliminary plats of proposed subdivisions including subdivision variances for subdivisions of Five or more lots. (41) Application for variances from the provisions of Title 22. (a4) Revocation proceedings involving previously approved zoning conditional use permits, shoreline management substantial development permits and shoreline conditional use permits. (Ord. 88 -104, 1988; Ord. 87 -12, 1987; Ord. 87 -11, 1987; Ord. 85 -41, 1985). 3. 20.92.220 Hearing Examiner - Public Hearing - SEPA. Delete this section -- -- -- - ..... M1 I M -- - - - -- -- -- - -- - - - - -- -- - WN .. . Proposed Code Scrub Amendments. WCC TITLE 21 21.XX All Section of Title 21. Where ever the word Bureau of Buildings and Code appears change the wording to read Department of Planning and Development Services. Where ever the word Bureau appears where the meaning is clearly the Bureau of Buildings and Code Administration change the wording to Department. Where ever the term Planning Department appears change to Department. Where ever the term Planner appears change to administrative official Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page -25- Where ever the term Deputy Administrator of Buildings and Code Administration or Bureau of Buildings and Code Administrator appears change to Director. wherever the term public hearing appears change the term to open record hearing. 21.08.030 INTERPRETATION Amend 2 9.08.030 to read as follows: 1. The word "shall" is mandatory. 2. The word "should" indicates that which is recommended but not required. 3. The word "may" is permissive. .............................................................. ............................... 4. The words "DrItir(tllf3 #i(pr;'3ir means the Director of Planning or his desi e. ne s 5. The word "County" means Whatcom County, Washington. 6. The word "Council" means the Whatcom County Council. 7. The word "Commission" means the Whatcom County Planning Commission. 8. The words "local health department" or "Health Department" means the Bellingham and Whatcom County District Department of Public Health, or its successor. 9. The term "Technical Committee" means the .................................. ............................... Buildings and Go (3i';i`< # >"Iri:rt >:::: >::OIc ho shall act as chairperson, the Dlannef, the County Engineer and the local Health Officer, or their designated representatives. 10. The word "Examiner" means the Whatcom County Hearing Examiner. 21.12.030(2) Exemptions. Change 29. 92.030.2 and .2.D to read as follows: 2. Divisions of land into no more that four (4) lots or tracts, which are less than twenty (20) acres, none of which are smaller than five (5) .acres (nominal area) and which do not contain a proposed dedication OF pFivate f-ea4 provided; 2.D. a more than four &He-y € p lots, tracts or parcels less than twenty(20) acres in size,.---..'. ivided from the original parcel within a five -year period. eFdonan-e. Attachment A - Code Scrub File 16 -96.ZT Whatcom County Planning December 3, 1996 Page -26- 21.16.015 Bureau of Buildings and Code. Change section to read as follows: Th 13UFeau ef Buildings and e .t3'`tltrifi e Ad hall review all proposed short subdivisions, subdivisions and binding site plans for conformance with the adopted standards and specifications <; n h requirements t e f l�' O�€ o Chapter 58.17 RCW. Theprrt is also charged with the general responsibility for managing these regulations and for supervision and control of the operations of the Technical Committee in the granting or denying of approval of short subdivisions. The 13UFeau }is authorized to delegate administrative ..::::.:.:..........: duties, and the preparation and prescription of necessary forms and time tables. The ea41shall also make recommendations.to the Hearing Examiner concerning applications pursuant to this Title. 21.20.030 Preliminary Fees. Delete existing text and replace with the following: M ph :l:l< <:. ;:< : >:::f' `::h?<i'::'` °': 21.20.110 Lapse of approval and time extensions. Amend 21.20. 110 to read as folio ws: Pre -1994 Language 21.20.110 Lapse of Approval and Time Extensions. 1994 Amended Language 1. Approval of a preliminary plat shall become invalid unless a final plat is submitted in proper form for final plat approval, within 99mears of Attachment A - Code Scrub File 16 -96:ZT Whatcom County Planning December 3, 1996 Page -27- the date of preliminary plat approval. This expiration date may be extended as follows: (a) An applicant who files a written request with the Whatcom County Council prior to expiration of the T,- 1nLe�.Tr � #tt year expiration period shall be granted a one (1) year extension upon showing that the applicant has attempted in good faith to complete the requirements necessary for submittal of a final plat within three roti ...................... years from the date of preliminary plat approval. (b) The Whatcom County Council shall have authority to grant additional i s Ve, dl such + ^n.., ^n^ ^ti.,ll it � a I Ii t y r Ct be granted after taking into consideration technical, economic and other matters beyond the control of the applicant extensions. the Council finds that there is reasonable justification for the the granting of additional extensions. Such extensions shall be eenditiened upen eemplianee -w�k*h ac � r^ tion Rd eFdinans i ..,�.'..�"(.�.� date ��,, ,{�f�.,�t7 . `.' e� �..� �.}M�,C�IG + .� ^G,T��..TITre'T6GT as of the dat plaeatien fee the - extension that ter .� --net a��Cable to the t(t�r3_ Requests for extension shall be made in writing to the Whatcom County Council prior to expiration of preliminary plat approval. (c) Applicants may develop subdivisions in phases in accordance with an approved phasing plan. Preliminary plat approvals shall be automatically extended an additional three (3) years each time a final plat for a phased subdivision is approved and recorded. Nothwithstanding the automatic extension provisions contained in this subsection (c), preliminary plat approval shall expire ten (10) years from the date of preliminary plat approval unless a longer expiration period is established and approved by Whatcom County at the time of preliminary plat approval. Each phase shall comply with the Whatcom County Development Standards Ordinance in effect as of the date construction plans are approved for each phase.::; that E)e GUr, after six yeaFS fFGFn the date Of nr^liminwy plat appr^.inl .,c.+ h^ at the time, emeept zoning density-. 21.30.300 FEES Amend to read as follows: e.:. aII._) e;: a.: e:)... h,: l?::: e: :...:.:.::#n.ie.::Fe.:�.ea#le:_ . :::...:::::::..: ::: ,.::::.;.:::::::.:::::.:::.:::.: .:::::::: .:....:.::.:..:: ;. . Attachment A - Code Scrub File 16 -96:ZT Whatcom County Planning December 3, 1996 Page -28- �ST9M' T.' , M T, T EMU.- ......... i�