HomeMy WebLinkAboutord1989-1171
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FILE REF: 3 -89:ZT INTRODUCED BY: Consent
PROPOSED BY: PLANNING
DATE: 11-16-89
ORDINANCE NO. 89 -117
AN ORDINANCE AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING CODE,
AND TITLE 2.2A, THE INTERIM ZONING ORDINANCE TO REVISE THE LANDSCAPING,
BUFFERING, SCREENING AND SETBACK REQUIREMENTS
WHEREAS, as the result of two rezones along Pacific Highway the Council become
concerned about the adequacy of landscaping requirements to insure an adequate visual
appearance for future development and directed the Planning Department and Planning
Commission to review and update the regulations; and
WHEREAS, the staff prepared revisions to the landscaping, buffering, screening
and setback requirements as they affected all zone districts in Title 20 and the
Interim Zoning Code; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Westside
Record Journal on March 8, 1989, and in the Bellingham Herald on March 11, 1989; and
WHEREAS, compliance with the State Environmental Policy Act will be completed
prior to Council action; and
WHEREAS, public hearings were held before the Planning Commission on March 21
and April 18, 1989 and testimony was received; and
WHEREAS, several work sessions were held to consider the staff recommendations
and public testimony including sessions on May 3, May 24 and September 19, 1989; and
WHEREAS, the Planning Commission accepted the staff's findings and conclusions,
but made a number of modifications to the staff recommendation and recommended to
Council that Title 20 and the Interim Zoning Code be revised to include the modified
changes related to landscaping, buffering, screening and setbacks.
WHEREAS, the Council held a public meeting on November 16, 1969, to consider the
Planning Commission recommendation.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
1. Title 20 and the Interim Zoning Ordinance are amended as set forth in Exhibit
"A"
2. The Council finds the public health, safety and general welfare are promoted by
this change.
3. The Council adopts the following findings and conclusions developed by the staff
and the Planning Commission:
FINDINGS
A. The County Council has recognized a lack of good landscaping in new commercial
and industrial development and has requested a review of the regulations.
B. The existing landscaping regulations lack specific requirements creating
difficulties in interpretation by the private sector and difficulties in
administration by the County.
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FILE REF: 03 -.. _ : ZT
Page 2
C. The requirements are scattered throughout the Code and there is a lack of
consistency which also creates administrative difficulties.
D. In several cases the combination of buffers, setbacks and front yard landscaping
are sufficiently onerous to create difficulty with reasonable use of the property
for industrial or commercial purposes.
E. The setbacks in several categories are excessive in their own right and could
be reduced without negative impacts on the public welfare.
F. The proposed regulations address the issue of retaining existing trees without
establishing rigid requirements.
CONCLUSIONS
The recommended changes provide predictability without total loss of flexibility;
they add consistency between sections of the code where it is appropriate; and they
should be easier to interpret and administer. The proposed changes are reasonable
regulations and should not be a major hardship to implement by the private sector,
but should help result in quality development of specific parcels.
4. 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.
PASSED this 7th
ATTEST:
Clerk of the Council
day of December
APPROVED AS TO FORM:
Dave Cotting a
Civil Deput rosecuting Attorney
WHATCOM COUNT
WH4TCOM COUNT ,
P "I d G. HapteiY ChaI rperson
(-�' APPROVE ( ) VETO D
Shirley Van anten, C my Executive
Date I °? — y - -91�
EXHIBIT "A"
EXHIBIT "A"
CHANGES TO 20.20 - URBAN RESIDENTIAL DISTRICT
20.20.652 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
.652 3 Parking Requirements
File #03- 89:ZT/IZO
October 26, 1989 -- Page 1
Parking shall conform to the requirements of Section 20.80.799 .500 of the Official Whatcom County
Zoning Ordinance. However, recreation vehicles, and boat parking and storage shall be limited to side
and rear yard areas.
.655 4 Livestock Regulations
CHANGES TO 20.22 - URBAN RESIDENTIAL MEDIUM DENSITY DISTRICT
20.22.550 BUFFER AREA
When parcels situated in this district adjoin an Urban Residential, Residential Rural or Rural district, and are
developed for uses other than single family dwellings or duplexes, any side or rear yard contiguous to those
districts shall have their setbacks Increased to twenty -five (25) feet. Said area to be landscaped consistent
with the requirements of WCC 20.80.345.
20.22.600 SIGN REGULATIONS
Sign regulations shall be administered pursuant to Section 20.80.699 400 of the Official Whatcom County
Zoning Ordinance.
20.22.652 Landscaping
Refer to Section 2030.300 for landscaping requirements.
EXHIBIT "A"
File #03- 89:ZT/IZO
October 26, 1989 -- Page 2
MR run
MAI
20.22.653 Parking Requirements
Parking shall conform to the requirements of Section 20.80.7-W.500 of the Official Whatcom County
Zoning Ordinance. However, recreation vehicles, and boat parking and storage shall be limited to side
and rear yard areas.
CHANGES TO 20.32 - RESIDENTIAL RURAL DISTRICT
20.32.652 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
.652 3 Parking Requirements
Parking shall conform to the requirements of Section 20.80.798.500 of the Official Whatcom County
Zoning Ordinance. However, recreation vehicles, and boat parking and storage shall be limited to side
and rear yards.
.653 4 Livestock Regulations
CHANGES TO 20.34 - RURAL RESIDENTIAL - ISLAND DISTRICT
20.34.652 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
.652 3 Parking Requirements
Parking shall conform to the requirements of Section 20.80.798 .500 of the Official Whatcom County
Zoning Ordinance.
.6534 Livestock Regulations
.6545 Unstable Slope Regulations
.6566 Fire Flow Requirements
.6567 Ground Water Regulations
CHANGES TO 20.36 - RURAL DISTRICT
20.36.652 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
.652 3 Parking Requirements
Parking shall conform to the requirements of Section 20.80.799.500 of the Official Whatcom County
Zoning Ordinance. However, recreation vehicles, and boat parking and storage shall be limited to side
EXHIBIT "A"
File #03- 89:ZT/IZO
October 26, 1989 -- Page 3
and rear yards. For clustered lots created pursuant to Section 20.36.300, recreational vehicles, and
boat parking and storage shall be located in an identifiable area and screened so that the vehicles or
boats shall not be visible by adjoining properties.
.6534 Livestock Regulations
.6549 Unstable Slope Regulations
.656 6 Fire Flow Requirements
.656 7 Ground Water Regulations
CHANGES TO 20.40 - AGRICULTURE DISTRICT
20.40.652 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
i
CHANGES TO 20.42 - FORESTRY DISTRICT
20.42.652 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
.652 3 Parking Requirements
Parking shall conform to the requirements of Section 20.80.798.500 of the official Whatcom County
Zoning Ordinance. However, recreation vehicles and boat parking and storage shall be limited to side
and rear yards.
.653 4 Livestock Regulations
.654 5 Domestic Water Supplies
CHANGES TO 20.44 - RECREATION & OPEN SPACE DISTRICT
20.44.600 Signs
Signs shall be administered pursuant to WCC 20.80.688 .400 (Sign Controls).
20.44.654 Off- Street Parking and Loading
Off - street parking and loading shall be provided consistent with Section 20.80.798 .500 of the Official
Whatcom County Zoning Ordinance.
CHANGES TO 20.60 NEIGHBORHOOD COMMERCIAL DISTRICT
20.60.550 BUFFER AREA
.551 When parcels situated within this District adjoin an Urban Residential, Residential Rural or Rural district,
side and rear yard setbacks shall be increased to twenty -five (25) feet. Said area shall be landscaped
consistent with the requirements of WCC 20.80.345.
.552 When parcels situated within this District are between an interstate highway and a Residential Rural
or Rural district, the setback on sides adjoining the Residential Rural or Rural districts and paralleling
the interstate shall be increased to 100 feet. This buffer shall not be altered from existing dense natural
vegetation or, where vegetation is lacking, shall be landscaped so as to provide a dense vegetative
screen. [Adopted per WCC 20.04.080(1)(aa)]
EXHIBIT "A"
20.60.600 SIGN REGULATIONS
File #03- 89:ZT/IZO
October 26, 1989 -- Page 4
Sign regulations shall be administered pursuant to Section 20.80.699.400 of the Official Whatcom County
Zoning Ordinance.
20.60.652 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
(3) FeRGes and walls shall be kept in geed Feloak, and dead 9F dy',Rg v6getatiGR shall be FePlared
.653 Off- Street Parking and Loading
43} �
{4} Except as provided in this section, off - street parking and loading shall be administered
pursuant to Section 20.80.799.500 of the Official Whatcom County Zoning Ordinance.
.657 Access
Access shall conform to the provisions of Section 20.80.766 .565 of the Official Whatcom County
Zoning Ordinance.
CHANGES TO 20.62 - GENERAL COMMERCIAL DISTRICT
20.62.550 BUFFER AREA
When a parcels situated within this District adjoins an Urban Residential, Urban Residential Medium Density.
Residential -Rural or Rural district, side and rear yard setbacks shall be increased to twenty -five (25) feet.
Said area shall be landscaped consistent with the requirements of WCC 20.80.345.
20.62.600 SIGN REGULATIONS
Sign regulations shall be administered pursuant to Section 20.80.689.400 of the Official Whatcom County
Zoning Ordinance.
EXHIBIT "A"
20.62.651 Landscaping
Refer to Section 20.80.300 for landscaping_ requirements.
File #03- 89:ZT/IZO
October 26, 1989 -- Page 5
.010.4111111 -W
2 mt:
(3) 1=-eF;Ges and walls shall be kept lR geed FepaiF, and dead GF dy!Rg vegetatleR Ghall be FeplaGed
.652 Off - Street Parking and Loading
Off - street parking and loading shall be administered pursuant to Section 20.80.99.500 of the Official
Whatcom County Zoning Ordinance.
.657 Access
Access shall conform to the provisions of Section 20.80.E .5_65 of the Official Whatcom County
Zoning Ordinance.
CHANGES TO 20.63 - TOURIST COMMERCIAL DISTRICT
20.63.550 BUFFER AREA
When a parcel situated within this District adjoins an Urban Residential, Urban Residential Medium Density,
Rural or Residential Rural district, side and rear yard setbacks shall be increased to twenty-five (25) feet.
Said area shall be landscaped consistent with the requirements of WCC 29.63.652. .20.80.345.
.600 SIGN REGULATIONS
Sign regulations shall be administered pursuant to Section 20.80.699 .400 of the Official Whatcom County
Zoning Ordinance.
20.63.652 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
EXHIBIT "A"
File #03- 89:ZT/IZO
October 26, 1989 -- Page 6
FeaF yaFels. If ArrAt:;R;ng Gensi6ts ef :; fARnA npAgall, it shall Rot be less thaR sow. (6) feet ROF
653 Off - Street Parking and Loading
Off - street parking and loading shall be administered pursuant to Section 20.80.709.500 of the Official
Whatcom County Zoning Ordinance.
.657 Access
Access shall conform to the provisions of Section 20.80.766 .565 of the Official Whatcom County
Zoning Ordinance.
CHANGES TO 20.64 - RESORT COMMERCIAL DISTRICT
20.64.550 BUFFER AREA
Except for single - family residences, when a parcel situated within this District adjoins an Urban Residential,
Urban Residential Medium Density, Residential -Rural or Rural district, side and rear yard setbacks shall be
increased to twenty -five (25) feet. Said area shall be landscaped consistent with the requirements of WCC
20.80.345.
20.64.600 SIGN REGULATIONS
Sign regulations shall be administered pursuant to Section 20.80.899.400 of the Official Whatcom County
Zoning Ordinance except that no off premise advertising signs are allowed other than those specified in
20.80.&78 .470.
EXHIBIT "A"
20.64.652 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
File #03- 89:ZT/IZO
October 26, 1989 -- Page 7
(3) FeRGes and walls shall 139 kept IR gG9d FepaiF, and dead eF dyiRg vegetatleR shall be FeplaGed
immedlately.
.653 Off- Street Parking and Loading
(4) Except as provided in this section, off - street parking and loading shall be administered pursuant
to Section 20.80.798 .500 of the Official Whatcom County Zoning Ordinance.
.657 Access
Access shall conform to the provisions of Section 20.80.76& .565 of the Official Whatcom County
Zoning Ordinance.
CHANGES TO 20.65 - GATEWAY INDUSTRIAL DISTRICT
20.65.550 BUFFER AREA
When a parcel situated within this District adioins an Urban Residential. Urban Residential Medium Densi
Rural or Residential Rural district, side and rear yard setbacks shall be increased to twenty -five (25) feet.
Said area shall be landscaped consistent with the requirements of WCC 20.80.345.
20.65.600 SIGN REGULATIONS
Sign regulations shall be administered pursuant to the provisions of this chapter and of Section 20.80.698
.400 of the Official Whatcom County Zoning Ordinance. . The
following signs are permitted within this district.
606 No off- premise advertising signs are allowed except as provided for in 20.80.&78.470, and except that
along the interstate highway as allowed by RCW 47.42, the Washington Scenic Vistas Act, signs not
exceeding a maximum height of twenty (20) feet and a maximum size of one hundred fifty (150) square
feet with a minimum separation between signs of one thousand (1000) feet and not exceeding two (2)
signs within any one mile of freeway frontage.
20.65.652 Landscaping
Refer to Section 20.80.300 for landscapina reauirements.
EXHIBIT "A"
File #03- 89:ZT/IZO
October 26, 1989 -- Page 8
(2) Pei: uses whiGh abut u6es ef a 6ubstaRtially diffeFent GhaFaGte hall be previded fei:
gFeuRd level. in Gase6 wheFe they might InteFfeFe with vehiGle 9F pedeWlan tFag!G, deGldw
1 MR:
.653 Off - Street Parking and Loading
Off- street parking and loading shall be administered pursuant to Section 20.80.7-99.500 of the Official
Whatcom County Zoning Ordinance, except that no gravel surfaces are permitted.
.656 Access
Access shall conform to the provisions of Sections 20.80.7-66 .565 and 20.80.660 of the Official
Whatcom County Zoning Ordinance. Any changes or improvements necessary for county roads to
maintain the current level of service and prevent any increase in the accident rate will be provided for
by the development as determined by the Whatcom County Engineer.
CHANGES TO 20.66 - LIGHT IMPACT INDUSTRIAL DISTRICT
20.66.050 PERMITTED USES
.068 Building material yards, if screened by a fence and /or vegetation as dGteFM;Red by the Zen'REI
AdFRiRi6kateF specified in WCC 20.80.355; provided that screening shall not be required between two
contiguous yards where the operator of each yard agrees that such screening is unnecessary_; �
[Amended per
WCC 20.04.080(1)(h)]
EXHIBIT "A"
20.66.550 BUFFER AREA
File #03- 89:ZT/IZO
October 26, 1989 -- Page 9
.551 When a parcel situated within this district adjoins an Urban Residential, Urban Residential Medium
Density. Rural or Residential Rural district, or county or state roads designated as or proposed for
improvements to principal arterial status set backs shall be increased to f'& (50) feet. A minimum of
twenty -five (25) feet shall be landscaped consistent with the requirements of WCC 20.80.3454
- __ =20 - ....... 2 t
MM
IMP
..
(4) $Red rrFAPR shall be planted aGr.GFdiRg W gGGd praGVGe6, iR geed sell, ;FFigated aS Reeessa
;9Rdit;9R at all t�mes.
.553 2 If any part of said buffer area is separated from, or sold to any contiguous or adjacent owner, lessee
or user, the parcel so separated or sold shall be used only as a buffer area in accordance with the
above requirements.
20.66.600 SIGN REGULATIONS
Sign regulations shall be administered pursuant to Section 20.80.669 .400 of the Official Whatcom County
Zoning Ordinance.
20.66.651 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
EXHIBIT "A"
File #03- 89:ZT/IZO
October 26, 1989 -- Page 10
.652 Off - Street Parking and Loading
Off - street parking and loading provisions shall be administered pursuant to Sectijn 20.80.7A9.500 of
the Official Whatcom County Zoning Ordinance. In addition, loading areas must''be located In such a
manner that no loading, unloading and /or maneuvering of trucks associated therewith takes place on
public rights -of -way.
.655 Access
Access shall conform to the provisions of Sections 20,;,,0.565 and
County Zoning Ordinance.
lnl=Q Tn on 97 - M=KIPRAI RAAK j WAr%TI 11 limn nIC
20.67.550 BUFFER AREA "!
.551
0.80.660 of the Official Whatcom
r>.
�ntial. Urban;; Residential Medium
(4) Said GGFeeR 6hall be planted aGGGFdiRg te good pFaGtiGe, in geed seil, iFFigated as Rer.968a
and FnaiRta-Red in goed GG-Ad-WA-R at -All times.
EXHIBIT "A"
20.67.600 SIGN REGULATIONS
File #03- 89:ZT/IZO
October 26, 1989 -- Page 11
Sign regulations shall be administered pursuant to Section 20.80.699.400 of the Official Whatcom County
Zoning Ordinance.
20.67.651 Landscaping
Refer to Section 20.80.300 for landscaping reouirements.
.652 Off - Street Parking and Loading
Off - street parking and loading provisions shall be administered pursuant to Section 20.80.799.500 of
the Official Whatcom County Zoning Ordinance. In addition, loading areas must be located in such a
manner that no loading, unloading and /or maneuvering of trucks associated therewith takes place on
public rights -of -way.
.655 Access
Access shall conform to the provisions of Sections 20.80.565 and 20.80.660 of the Official Whatcom
County Zoning Ordinance.
CHANGES TO 20.68 - HEAVY IMPACT INDUSTRIAL DISTRICT
20.68.550 BUFFER AREA
.551 The industrial user shall establish a buffer, for building sites adjoining the boundary of the Heavy
Impact Industrial District (HII), which shall be located adjacent to the District boundary - and - situated
The purpose of the buffer is to optimize the visual appearance of
the site by obscuring industrial activity from view by passing motorists, to contribute to on- and off -
site impact abatement, and to move towards attaining compatibility with surrounding nonindustrial
land uses and character.
552 To implement the buffer requirements of this District, minimum setbacks for heav industrial buildings
and accessory structures shall be established consistent with the following options:
(1) If a planting screen is not provided by the industrial user and no natural vegetative screening
exists, the minimum setback(s) shall be six hundred sixty (660) feet, as measured from the edge
of the District boundary. The setback area may be used for security roads, parking or the Open
Space requirements of the District.
(2) If natural sight obscuring and dense vegetation exists, the minimum setback(s) shall be two
hundred fifty (250) feet, as measured from the District boundary; provided that a minimum width
of fifty (50) feet of natural vegetation is retained. The remainder of the setback(s) may be used
for security roads, parking or the Open Space requirements of this District.
._
iki
.652 Off - Street Parking and Loading
Off - street parking and loading provisions shall be administered pursuant to Section 20.80.799.500 of
the Official Whatcom County Zoning Ordinance. In addition, loading areas must be located in such a
manner that no loading, unloading and /or maneuvering of trucks associated therewith takes place on
public rights -of -way.
.655 Access
Access shall conform to the provisions of Sections 20.80.565 and 20.80.660 of the Official Whatcom
County Zoning Ordinance.
CHANGES TO 20.68 - HEAVY IMPACT INDUSTRIAL DISTRICT
20.68.550 BUFFER AREA
.551 The industrial user shall establish a buffer, for building sites adjoining the boundary of the Heavy
Impact Industrial District (HII), which shall be located adjacent to the District boundary - and - situated
The purpose of the buffer is to optimize the visual appearance of
the site by obscuring industrial activity from view by passing motorists, to contribute to on- and off -
site impact abatement, and to move towards attaining compatibility with surrounding nonindustrial
land uses and character.
552 To implement the buffer requirements of this District, minimum setbacks for heav industrial buildings
and accessory structures shall be established consistent with the following options:
(1) If a planting screen is not provided by the industrial user and no natural vegetative screening
exists, the minimum setback(s) shall be six hundred sixty (660) feet, as measured from the edge
of the District boundary. The setback area may be used for security roads, parking or the Open
Space requirements of the District.
(2) If natural sight obscuring and dense vegetation exists, the minimum setback(s) shall be two
hundred fifty (250) feet, as measured from the District boundary; provided that a minimum width
of fifty (50) feet of natural vegetation is retained. The remainder of the setback(s) may be used
for security roads, parking or the Open Space requirements of this District.
EXHIBIT "A"
File #03- 89:ZT/IZO
October 26, 1989 -- Page 12
(3) If a fifty (50) foot buffer planting screen is established, pursuant to Section 3; 20.80.345, the
minimum setback(s) shall conform to the Setback Requirements of WCC 20.80.200, as measured
from the District boundary. In addition, security roads may be situated within the minimum buffer
setback provided that the fifty (50) foot wide buffer planting ssfeen is established.
(4) In no case shall the northern and western boundaries of the Cherry Point Heavy Industrial area
not contiguous to another industrial zone be less than six hundred and sixty (660) feet, nor the
natural vegetation removed except for parking and security or protective uses in accordance with
Heavy Impact Industrial Policy 1.05 of the Cherry Point - Ferndale Subarea Comprehensive Plan.
.553 Uses other than heavy industrial will conform to the normal setback requirements as set forth in
20.80.200 and 20.80.286(33) and the buffering requirements for Light Impact Industrial uses WCC
20.66.551.
Gemplianvue a;nc_1 the retbaek(6) shall be inie leros, thai; twe hundFed fifty (260) feet.
.556 4 If any part of said buffer area is separated from, or sold to any contiguous or adjacent owner, lessee
or user, the parcel so separated or sold shall be used only as a buffer area in accordance with the
above requirements.
20.68.600 Sign Regulations
Sign regulations shall be administered pursuant to Section 20.80.889.400 of the Official Whatcom County
Zoning Ordinance.
20.68.651 Landscaping
Refer to Section 20.80.300 for landscaping requirements.
.65-4-2 Off- Street Parking and Loading
Off - street parking and loading provisions shall be administered pursuant to Section 20.80.7-99 .500 of
the Official Whatcom County Zoning Ordinance. In addition, loading areas must be located in such a
manner that no loading, unloading and /or maneuvering of trucks associated therewith takes place on
public rights -of -way.
6523
File #03- 89:ZT/IZO
EXHIBIT "A" October 26, 1989 -- Page 13
.6534
.654 5 Access
Access shall conform to the provisions of Sections 20.80.565 and 20.80.660 of the Official Whatcom
County Zoning Ordinance.
6566
CHANGES TO 20.80 - SUPPLEMENTARY REQUIREMENTS
Reorganize and modify outline of Supplementary Requirements as follows:
OLD ORDER NEW ORDER
.200 SETBACK REQUIREMENTS
.210 MINIMUM BUILDING SETBACKS
.215 OFF - PREMISE ADVERTISING SIGNS
.220 MEASUREMENT OF SETBACKS
.230 CORNER LOTS
.235 not used
.240 ACCESSORY STRUCTURE SETBACKS
.250 SETBACKS INCREASED DUE TO
BUILDING HEIGHT
.260 CERTAIN STRUCTURES EXEMPT FROM
SETBACK REQUIREMENTS
.270 SETBACKS INCREASED FOR PARCELS
ADJOINING ANOTHER DISTRICT
.280 MISCELLANEOUS SETBACK PROVISIONS
.290 not used
.300 WATERFRONT LOTS (now .235)
.320 REPLACEMENT DWELLING (now .700)
.350 VARIANCES TO LOT AREA AND
WIDTH REQUIREMENT (now .720)
.400 PERMITTED USE OF SETBACK AREAS
(now .290)
.500 SIGN CONTROLS (now .400)
600 GENERAL DEVELOPMENT STANDARDS
700 OFF - STREET PARKING AND LOADING
REQUIREMENTS (now .500)
720 not used
800 LIVESTOCK REGULATIONS
.200 same
.210 same
.215 same
.220 same
.230 same
.235 WATERFRONT LOTS (was .300)
.240 same
.250 same
.260 same
.270 same
.280 same
.290 PERMITTED USE OF SETBACKS
(was .400)
.300 LANDSCAPING (new section, was
subsection of 20.80.600)
.320 part of landscaping section
.350 part of landscaping section
.400 SIGN CONTROLS (was .500)
.500 OFF - STREET PARKING AND LOADING (was
.700)
.600 OTHER DEVELOPMENT STANDARDS
(title change; remains .600)
.700 REPLACEMENT DWELLINGS (was .320)
.720 VARIANCES TO LOT AREA AND WIDTH
REQUIREMENTS (was .350)
.800 same
EXHIBIT "A"
Modify:
20.80.210 MINIMUM BUILDING SETBACKS
File #03- 89:ZT/IZO
October 26, 1989 -- Page 14
ROAD 1 II III IV
V
TYPE Interst -5 General
State Hwys Collector or
**
Additional
Principal & Arterials Local
Minor
Provisions
Minor or Major Minor Access
Access
Side
Rear
May be
ZONE
Arterials Collectors Collector Street
Street
Yard
Yard
Applicable
UR
45' 35' 25' 25'
20'
5'*
5'*
yes+
URM 45' 35' 25' 25'
20'
5'*
5'*
yes+
RR
45' 35' 25' 25'
20'
5'*
5'*
yes+
RR -I
25' 25'
20'
5'*
5'*
yes+
R
45' 45' 35' 25'
20'
5'*
5'*
yes+
AG
50' 50' 50' 50'
50'
20'
20'
yes+
F
45' 35' 25' 25'
20'
100'
100'
yes+
ROS
100' 100' 50' 50'
50'
50'
50'
yes+
NC
25' 25' 25' 25'
20'
0'
10'
yes+
GC
4b' 30'+ + 354 30' 25' 25'
20'
0'
10'
yes +
TC
4f} 30' ++ 35 30' 25' 25'
20'
0'
51*
yes+
RC
46! 30' 3,5L 30' 25' 25'
20'
5'*
5'*
yes +#
1 -11
4&!--30' 46130' 46= 30' 45130'
46- 20'
10'
9= 10'
yes +o
GM
45! 30' 4&!--30' 46' 30' 46130'
4f! 20'
10'
0' 10'
yes +o
HII
100' 100' 100' 100'
4490'- 30'
69' 30'
69= 30'
yes+
GI
25' 25' 25' 25'
25'
10'
10'
yes +#
AO
45! 30' 45L 30' 46= 30' 46' 30'
4f! 20'
10'
0' 10'
yes +o
[Amended per WCC 20 .04.080(1)(a),(h),(I),(u),(ff), and (kk)and (nn)]
*
Roof overhangs or other architectural features shall not project further than 18 inches into
the side or
rear yards. Such overhangs may extend six feet into the front
yard: 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, 20.80.260, 20.80.270
20.80.280, 20.80.490.290 and
20.80.700. and buffer requirements for individual zones.
o
Or as modified pursuant to Section 20.80.286(2).
**
Minor access streets are those that are deadends or that are constrained
from ever developing further.
[Adopted per WCC 20.04.080(1)(ff)]
#
Refer to additional provisions of WCC 20.64.350 or WCC 20.65.400.
++
When located adjacent to 1 -5 these setbacks may be reduced to 25' subject to the
screening
requirements under 20.62.651 (2). [Adopted per WCC 20.04.080(1)(ff)]
EXHIBIT "A"
.235 Waterfront Lots
(This section was previously numbered as .300)
.286 Industrial Districts
File #03- 89:ZT/IZO
October 26, 1989 -- Page 15
(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 consistent
with state regulations`; are provided; and
(f) The reduced setbacks would not interfere with existing sewer, water and other easements.
[Amended per WCC 20.04.,080(1)(1)]
(3) General Manufacturing and Heavy Impact Industrial Districts: 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. [Adopted per
WCC 20.04.080(1)(ff)]
.290 Permitted use of Setbacks
(This section was previously numbered using the .400 prefix.)
.290 (2) A clear vision area shall contain no planting, fence, wall, obstruction, or temporary or permanent
obstruction exceeding two a one -half (2 1/2) 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 ten (10) feet above the grade.
.300 WateFfro t r eU Landscaping
(Waterfront lots has been renumbered to .235. Landscaping was .610 and is now .300)
Delete 20.80.610 and Replace with 20.80.300 as follows:
EXHI3IT "A"
File #03- 89 :ZT/IZO
October 26, 1989 -- Page 16
20.80.300 LANDSCAPING
.310 Purpose
The purpose of this section is to provide minimum landscape development and buffering requirements in
order to maintain and protect property values, enhance the appearance of development by softening the
impact of structures, protect the aesthetic assets of the community, provide screening between incompatible
land uses, reduce erosion and stormwater runoff, provide pervious surfacing to allow natural groundwater
recharge, promote energy conservation and use of solar energy, reduce heat and air and noise pollution,
and promote safety through reduced glare and reduction of congestion and visual separation of traffic
movement. The landscaping standards in this chapter are minimum reguirements.
.315 SCOpe
This section shall apply to all permitted and conditional uses except as specifically listed below. It will apply
to mobile home parks and recreational vehicle parks to augment the standards found in Title 21. the
Subdivision Regulations: in the case of conflicts the more restrictive reguulations shall apply. Remodeling
projects representing 50% of the assessed valuation of the structure are also covered by this section, but
with the requirements modified as needed to fit the existing situation. Major conversions of use such as bed
File #03- 89 :ZT/IZO
EXHIBIT "A" October 26, 1989 -- Page 17
and breakfast establishments from single family houses if five or more parking stalls are required are also
included.
This section does not apply to:
Farms and accessory uses associated with farming;
Single family houses and duplexes and their accessory uses when not developed as part of an overall
complex:
Subdivision(s), short subdivision(s) and binding site plans:
141 Remodels representing less than 50% of the assessed valuation of the structure:
M Conversions of uses requiring less than five parking stalls.
320 Plans (old .320 Replacement Dwellings is now. 700)
Prior to the issuance of a building permit a scaled landscape site plan shall be submitted to and approved
by the Division of Buildings and Code Administration consistent with the provisions herein. This plan shall
may need no watering should be so noted. The plan shall specify the treatment of the soil to protect its
structure including method of protecting existing trees to remain and their root zones. The preferred scale
of a plan shall be 1" = 20': but other scales may be used If approved by the zoning administrator, adequate
detail can be conveyed and the scales correlate to other required site plans. -
.325 Landscapinq Location and Sgacin
All required open space or any areas of the property not committed to a use requiring pervious surface must
be landscaped. This may consist of any combination of trees, lawn, ground cover and shrubs and u to o 20%
of a non - vegetative decorative pervious material such as washed rock, bricks or paving stones. However
at least one tree will be required for every 2000 square feet of open space Including walkways in addition
to screening or planting along the property lines. Natural habitat other than noxious weeds may also be
appropriate. Deciduous trees will also be required parallel to all public rights -of -way. Small flowering trees
will be spaced approximately twenty -five (25) feet on center: medium trees, thirty -five (35) feet on center and
subsections of this section.
.330 Plant Sizes at Time of Planting
Evergreen trees shall be a minimum height of five feet with an average height of six feet above the finished
planting bed. Deciduous trees shall be at least one and one -half inches in caliper measured four feet above
ground level. Shrubs shall be at least twenty -one inches in height above finished grade. Ground cover shall
provide an immediate coverage of at least fifty percent. In cases where they might interfere with vehicle or
pedestrian traffic, deciduous trees should have a clear trunk area of at least seven feet above the ground.
.335 Plant Choices
All species must be native to the area or recognized as being easily adaptable to the climate. Trees with
weeping or contorted branching structures may be used as accent planting but should generally not be
included as part of a screen planting or in plantings parallel to property lines. The County may require the
applicant to modify the plant choice to:
1. Eliminate undesirable species which may conflict with power lines or sewers because of their growth
or evasive root systems:
2. Provide a desired diversity of species: or
Me #03- 89:ZT/IZO
EXHIBIT "A" October 26, 1989 -- Page 18
3. Make the plantings more in scale and compatible with the uses in the immediate vicinity of the subject
property; or
4. Provide plant materials that will fulfill the buffering or landsca ing purpose of that planting on a year -
round basis.
5. Provide visual relief on long facades.
A list of desirable and undesirable trees with tree sizes is maintained on file with the Division of Buildings and
Code Administration and may be used for reference.
.340 Existing Vegetation
L. Applicants shall be encouraged to retain existing vegetation as appropriate.
2. Existing vegetation may be used to meet all or part of the landscaping requirements of this chapter.
.345 Buffering Plantings
Buffers are required when the use is adjacent to a residential or rural zone or another use of substantially,
different character where there is a demonstrable conflict In use. They are normally twenty -five (25) feet wide
unless otherwise specified. Buffer plantings are intended to provide an all season solid barrier to totally
separate incompatible uses or to protect adjacent roadways from unsightliness or visual distraction. Plant
Materials which have minimal irrigation needs. and are native or have a demonstrated suitability for Whatcom
County are required. Twenty -five (25) foot planted buffers shall at a minimum consist of two offset rows of
predominately coniferous trees at an average spacing of fifteen feet triangulated on center or an equivalent
effect. Some deciduous trees shall be included and shrubs may be interspersed to provide Interlocking
root structures to reduce windfall. In addition, a solid screen fence or wall not less than six (6) feet nor more
than seven (7) feet high, or a shrubbery screen which will be at least five (5) feet high and provide 75%
coverage within three years shall be provided. Fifty (50) foot planted buffers will require four rows of trees.
Existing natural buffers are encouraged but may need additional width or be augmented with additional
landscaping or fencing to provide the required sight barrier.
The buffer requirements for the Urban Residential Medium Density zone and the Neighborhood Commercial
zone (except as otherwise provided in WCC 20.60.552) can be met with a fence or wall as required above
and a row of trees similar to plantings required along rights -of -way,
.350 Parking Areas (Old .350 Variances to Lot Area is now .720)
A minimum five foot wide landscape strip shall be provided around the perimeter of all parking areas.
Natural or planted buffers may be considered to meet this requirement. Tree spacing will be as required
parallel to rights -of -way. Whenever a non - residential parking lot containing more than ten (10) parking
spaces is located in or adjacent to a residential zone, it shall also be screened on any side facing residential
uses or zones where there is no intervening street. This screen shall consist of'a fence, wall or acceptable
planting screen at least four (4) feet in height. The visual impact of parking areas shall be minimized by
separating the area into modules that contain no more than twelve (12) vehicles in a row. Each module shall
be separated from other areas by a five foot wide planting strip containing trees, shrubbery, or other ground
cover in such substantial density as to break up long sight lines and overviews of parked cars. Adjacent uses
on separate parcels may combine their parking lots to enhance circulation without the necessity for
intervening landscaping except for maintainina the module pattern.
.355 Trash and Storage Areas - Screening and Placement
All trash and /or garbage collection and storage areas must be screened from view from adjacent streets
and properties using a solid fence or wall a minimum of six (6) feet high.
File #03- 89:ZT/IZO
EXHIBIT "A" October 26, 1989 -- Page 19
.360 Special Requirements for Individual Zone Districts
References to.front yard landscaping in (1) through (6) below shall be based on the property line except
where the County Engineer determines the road is developed at its ultimate width, then the back of the
sidewalk can be used.
Urban Residential Medium Density (URM). Neighborhood Commercial (NC): Resort
Commercial (RC), and for non residential uses in the Residential and Rural districts: Fifteen
(15) feet within the front yard setback and situated adjacent to the road shall be landscaped with
vegetative material, except for driveways, walkways and signs. The remainder of the front yard
setback may be used for parking.
f2� Tourist Commercial (IC) and General Commercial (GC): Ten (1O) feet within the front yard
setback and situated adjacent to the road shall be landscaped with vegetative material, except
for driveways, walkways and signs. The remainder of the front Yard setback may be used for
rPs k
f3� Gateway Industrial (GI):
Lal fifteen (15) feet within the setback from Portal Way and situated adjacent to the road shall
be landscaped with vegetative material, except for driveways, walkways and signs. The
remainder of the front yard setback may be used for parking,
twenty -five (25) feet within the setback from Interstate -5 and situated adjacent to the road
shall be landscaped with vegetative material, except for driveways, walkways and signs.
The remainder of the front yard setback may be used for parking.
L41 Light Impact Industrial (LII) and Airport Operations (AO): Fifteen (15) feet within the front
yard setback and situated adjacent to the road shall be landscaped with vegetative material,
except for driveways, walkways and signs. The remainder of the front yard setback may be
used for parking. When the Light Impact Industrial zone fronts a minor or local access street
the requirements for the General Manufacturing zone may be used.
General Manufacturing (GM): Five (5) feet within the front yard setback and situated adjacent
to the road shall be landscaped with vegetative material, except for driveways, walkways and
signs. The remainder of the front yard setback may be used for parking. Subject to approval of
the County, street trees may be placed in the right -of -way and the five foot landscaping strip
provided contiguous to the building with the front yard setback used for circulation of trucks and
heavy equipment. In this situation to provide visual relief the required 15% open space should
be primarily concentrated in the side yards unless natural habitat in the rear such as wetlands
or streams are present which should take precedence:
f§� Heavy Impact Industrial (HID: For heavy industrial uses refer to the buffering requirements in
Section 20.68.550. For all other uses the front yard landscaping shall be fifteen (15) feet similar
to the requirement for the Light Impact Industrial zone.
.365 Conformance to Guide Meridian Plan
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 in minimum building
setback and landscape requirements.
.370 Modifications
The requirements of this section may be modified by the zoning administrator under the following
circumstances:
EXHIBIT "A"
File #03- 89 :ZT/IZO
October 26, 1989 -- Page 20
(1) The existing or finished grade of the subject property or adjolninq_property decreases or eliminates
the need for the required landscaping or requires additional landscaping: or
(2). The modffication will be more beneficial to the adioining property than the required landscaping by
causing less impairment of view or sunlight: or
It is reasonable to anticipate that the adloiningproperty will be rezoned in the near future to .a zone
which would require no buffer or a less intensive buffer: or
The modfficatlon Is necessary to allow for maximum efficiency of an active or passive solar energy
system on the subject property or a nearby adj- oinina property: or
(5) The required landscaping would conflict with existing utility lines: or
(6) If the required landscaped area is adjacent to angle parking. the minimum required width may be
reduced to two feet if the average required width is maintained.
M A plan is prepared by a landscape architect licensed In the state of Washinaton which achleves the
objectives of this section without necessarily complying with all of the specific standards.
.375 Installation and Bonding
All landscapina and required irriaation shall be installed prior to occupancy. The County may accept for a
period of up to one year a performance bond or other monetary security as approved by the Prosecuting
Attorney in lieu of immediate installation for one hundred twenty -five (125) percent of the labor and materials
cost to install the approved landscaping and required irrigation. Aland scaping maintenance bond or other
approved monetary security for ten percent of the labor and materials cost to install the approved
landscaoing shall be submitted prior to occupancy or release of any landscaping performance security held
by the County. The maintenance security shall be released in two years after completion of the landscaping
if the landscaping has been maintained in a healthy, rig condition, and ff any dead or dying plants have
been replaced.
.380 Planting and Care
The applicant shall follow accepted nursery standards and practices in the planting and maintenance
of vegetation required by this chapter. During site development, care shall be taken not to compact
the planting areas and compacted soils shall be loosened. Care shall also be taken to protect the
root zone of existing trees.
(2). An irrigation system or hose bibs shall be provided with adequate water pressure and spacing to
serve all landscaped areas, except for areas planted with native materials and other methods are
provided for watering
(3j All plant materials used in the landscaping shall be maintained in a healthy growing condition. Guy
materials shall be installed in such a manner as to prevent girdling of trees. Dead shrubs or trees shall
be replaced, and the planting area shall be maintained reasonably free of weeds and trash. Fences
and walls shall be kept in good repair and their appearance well maintained. If the zoning administrator
determines the maintenance required under this paragraph has not been performed the County shall
perform the work and bill the property owner.
L4j Planting areas shall be clearly delineated from parking areas and driveways by a raised curb or other
suitable formal separation. Planting areas shall not have artificial impervious material underlying the
top soil. Required distances shall be measured from the inside of the curbs or other separators.
.385 Street Planting
The County may require the applicant to plant street trees, shrubs and /or ground cover within County right
of -way adjacent to the subject property If there is an adopted street tree plan for the adjacent street(s).
File #03- 89:ZT/IZO
EXHIBIT "A" October 26, 1989 -- Page 21
INTERIM ZONING ORDINANCE
TITLE 2.24A
.650 GENERAL DEVELOPMENT STANDARDS
.651 ,
aepiRg di6tfiGV.
.•
Landscaping requirements in this Title will be applied pursuant to WCC 20.80.300. If any conflict arise
with the provisions of this ordinance, the more restrictive regulations shall apply.
is
;
.•
Landscaping requirements in this Title will be applied pursuant to WCC 20.80.300. If any conflict arise
with the provisions of this ordinance, the more restrictive regulations shall apply.
is
October 25, 1989
Agency Report File Ref: 03 -89:ZT
WHATCOM COUNTY PLANNING AGENCY REPORT
IN THE MATTER OF AMENDING TITLE 20, THE OFFICIAL )
WHATCOM COUNTY ZONING CODE, AND TITLE 2.2A, THE INTERIM ) FINDINGS, REASONS
ZONING ORDINANCE TO REVISE THE LANDSCAPING, BUFFERING, ) AND MOTION
SCREENING AND SETBACK REQUIREMENTS )
WHEREAS, as the result of two rezones along Pacific Highway the Council
become concerned about the adequacy of landscaping requirements to insure an
adequate visual appearance for future development and directed the Planning
Department and Planning Commission to review and update the regulations; and
WHEREAS, the staff prepared revisions to the landscaping, buffering,
screening and setback requirements as they affected all zone districts in Title
20 and the Interim Zoning Code; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the
Westside Record Journal on March 8, 1989, and in the Bellingham Herald on March
11, 1989; and
WHEREAS, compliance with the State Environmental Policy Act will be
completed prior to Council action; and
WHEREAS, public hearings were held before the Planning Commission on March
21 and April 18, 1989 and testimony was received; and
WHEREAS, several work sessions were held to consider the staff
recommendations and public testimony including sessions on May 3, May 24 and
September 19, 1989; and
WHEREAS, the Planning Commission accepted the staff's findings and
conclusions, but made a number of modifications to the staff recommendation and
recommended to Council that Title 20 and the Interim Zoning Code be revised to
include the modified changes related to landscaping, buffering, screening and
setbacks.
NOW THEREFORE BE IT RESOLVED:
FINDINGS OF FACT AND REASONS FOR ACTION
1. A quorum of Commission members was present during the hearing and
subsequent discussion.
2. Statutory requirements were met regarding legal notice and SEPA compliance
is underway.
3. The Planning Commission unanimously concurred with the findings and
conclusions as developed by staff.
1
Agency Report
October 25, 1989
File Ref: 03 -89:ZT
4. Based on the public -input and the Commission's discussion a number of
changes were made to the staff proposal.
5. The Planning Commission voted (7 -1; Ernst opposed) in favor to make the
recommendations as attached in Exhibit A of the draft ordinance.
WHATCOM COUNTY PLANNING COMMISSION
Commissioners present at hearing:
01i�--'
avid Simpson, Wirman
Daniel W. Taylot Secretary
FREEMAN, BAIJOT, HEERINGA, FUNKHOUSER, VAN DALEN, SHINTAFFER, ERNST and ALMSKAAR
Attachments:
1. Staff Report
2. Draft Ordinance with Planning Commission recommendation (Exhibit A)
2
File #03- 89:ZT/IZO
March 16, 1989 -- Page 1
WHATCOM COUNTY PLANNING DEPARTMENT
STAFF REPORT
APPLICANT: PLANNING DEPARTMENT
REQUEST
Amend the text of the Title 20 and the Interim Zoning Code to centralize the
landscaping requirements in one location and to develop more specific standards
which address both the landscaping plan requirements and the plant materials
themselves.
LOCATION
The proposed change would affect all areas of the county, but particularly the
urbanized areas where uses other than farms or single family houses predominate.
STATUTORY REQUIREMENTS
Pursuant to RCW 36.70.590 legal notice was published in the Westside Record
Journal on Wednesday, March 8, 1989, in the Bellingham Herald on Saturday, March
11, 1989. A SEPA determination will be issued prior to Council action.
REGULATORY EFFECTS OF THE REQUEST
In addition to modifying the landscaping requirements some changes have been made
to buffering requirements and setbacks. The net effect is a lessening of overall
requirements but more specificity in the landscaping standards so they will be
more enforceable. This should result in a more uniform quality of development.
The analysis section of this staff report will go into more detail on the
specific regulatory effects.
BACKGROUND
When reviewing two rezones on Pacific Highway, Council was concerned about both
the land use implications of these rezones and the eventual visual appearance
of Whatcom County. It was eventually determined that the land use tradeoffs were
positive in favor of the rezones, but visual quality was still of concern. The
staff position was that there were enough landscaping requirements in the zoning
regulations to provide some screening and visual relief. However the standards
in the ordinances were so vague that the staff of Buildings and Code
Administration had a difficult time enforcing the regulations, particularly if
the staff had little political backing.
The Council deferred action on the two rezones and directed staff to redraft the
landscaping regulations for Planning Commission review and recommendation.
File #03- 89:ZT/IZO
March 16, 1989 -- Page 2
ANALYSIS
There are several problems with the existing regulations. The first problem is
the requirement for a plan which gives no guidance on scale and calls for plant
types, size and location but gives no guidance on what these should be except
for some general locational requirements. The result is frustration for
applicants who do not know what is expected and no criteria for staff to apply
who end up in the position of having to accept almost anything. The revisions
provides for a specific plan scale, but allow for flexibility if clarity can
still be achieved. They also require that methods of watering be addressed.
Finally the plans are backed up with specific minimum size requirements and
guidance on spacing, and types of materials while still allowing some
flexibility.
The revisions also require that plans be prepared by professionals for larger
scale projects. This is an effort to minimize the impact on the small builder
or businessman and yet achieve maximum effect where it counts.
The plans and the regulations also address existing trees. This is standard and
considered critical in urban areas. Whatcom County is urbanizing rapidly, but
is still a rural county. Whether existing trees are important in an area still
predominately in agriculture and forestry is an issue that needs to be addressed.
The staff opinion is that consideration should be given to saving some trees in
the urbanizing areas without being excessively rigid about it.
The present regulations require that fifteen to twenty -five feet be landscaped
in the front yards of commercial and industrial developments, then state the
remaining areas within the setbacks can be used for parking. The practical effect
of this is that if the developer is going to build right on the setback line,
which already takes a major piece out of the site, then the only practical
parking in the front yard could be angle parking with one way access. Meanwhile
there was a wide landscape strip that would be mostly beauty bark and litter
with a few unkempt shrubs and trees. The proposal is for various reductions in
the front yard landscaped area as well as a reduction in setbacks for the
commercial and industrial areas. The net effect is the same in that there is
still insufficient room for adequate parking and circulation. However there is
more overall flexibility in utilizing the site. A conscious decision can be made
to move the building back and park in the front yard or bring the building up
to the setback line and landscape the whole front yard or use it for circulation,
loading, or limited parking.
In reducing the front yard landscaping a conscious decision has been made on a
hierarchy of zones in terms of their impact. The multi - family zone and
Neighborhood Commercial and Resort Commercial zones have had the fifteen foot
distance retained in keeping with their greater open space requirements, more
pedestrian scale, and residential character. Tourist Commercial and General
Commercial front yard landscaped areas have been reduced to ten feet to reflect
their more automobile orientation.
The twenty -five foot landscaped area has been retained for the Gateway Industrial
zone to reflect the intention of it being a show case industrial zone, most
closely resembling a planned business park. The Light Industrial zone landscaped
area has been reduced to fifteen feet as the next in line, and the General
Manufacturing zone landscaped area in front has been reduced to five feet with
File #03- 89:ZT/IZO
March 16, 1989 -- Page 3
additional considerations to reflect its resource based industrial orientation
and the need to maneuver large trucks and heavy equipment. Finally the Heavy
Impact Industrial zone has been left essentially the same with major buffers for
the heavy industrial uses, but setbacks on minor streets and side and rear yards
have been relaxed and light industrial uses and public uses can provide the
normal fifteen foot landscaping instead of major buffers.
Buffer areas have been established for the Urban Residential Medium Density zone
and the Gateway Industrial zone which did not exist before, and the General
Commercial and Resort Commercial zone uses are now required to provide a buffer
when contiguous to the Urban Residential Medium Density zone.
There are a number of other changes throughout. All parking lots now need some
perimeter landscaping, but parking lot visual screening is not required except
adjacent to residential areas with no road between. The rear yard setback in the
General Manufacturing zone and Light Impact Industrial zone has been increased
to ten feet to be the same as the side yard. But the special exemption for side
and rear yards in the General Manufacturing zone has also been applied to the
Light Impact Industrial zone and it has been clarified that the setbacks can be
reduced to zero.
Bonding requirements have been reduced from 150% with eight months to complete
-the task and one year of maintenance to 125% of estimated cost with one year for
completion and a 10% of installation cost for a maintenance bond required for
two years.
The main change however has been to consolidate all of the landscaping
requirements into one location as much as possible. The major exception being
the Heavy Manufacturing zone buffer which is unique and was dealt with more
easily left in its own section.
The major objectives in making any of the changes were: (1) to provide clarity
for applicants, and as much ease in administration as possible consistent with
other objectives; (2) to provide predictability so applicants and staff would
not have to debate the requirements, and yet allow enough flexibility so
professional designers would not be rigidly locked in to specifics; (3) to be
reasonable within the context of the desire for quality development, so that the
regulations could be reasonably enforced and were not so out of line that they
end up being largely ignored; and (4) to strive for quality development as
outlined in the purpose statement to the proposed landscaping section.
Buildings and Code Administration staff have had a brief review and some input
into the development of these regulations. They have been discussed conceptually
with the Division of Engineering. Between now and the hearing some modifications
may be proposed as there is time for more careful review.
These proposed regulations should help solve the problem of unattractive new
urban development with minimal or bad landscaping as the only relief to
increasing areas of asphalt. But there is much they do not do. They do not deal
with the question of street trees, but they set the stage if a street tree
program is implemented at a later date. They do not address subdivisions, which
would be part of a street program if desired. They do not address in any detail
saving existing vegetation. The major emphasis is on trees as the most important
element in the urban landscape, but the regulations will not help solve the
File #03- 89:ZT/IZO
March 16, 1989 -- Page 4
"greenhouse" effect. Finally they will only be as good as the effort that goes
into administrating them or the willingness of individuals to implement them.
Even though these regulations will be easier to enforce, some knowledge is
required to administer them well, and a substantial time commitment. At minimum
there has to be one review of the plan and two inspections, one at the time of
installation and one after two years. Landscaping comes last in the construction
sequence, and when a project is over budget, even with the best intent in the
world, it becomes the place to cut some costs.
Responsible people will try to do a responsible job within reasonable
regulations. Those that do not care will be the ones that will take up Buildings
and Code staff time.
FINDINGS
1. The County Council has recognized a lack of good landscaping in new
commercial and industrial development and has requested a review of the
regulations.
2. The existing landscaping regulations lack specific requirements creating
difficulties in interpretation by the private sector and difficulties in
administration by the County.
3. The requirements are scattered throughout the Code and there is a lack of
consistency which also creates administrative difficulties.
4. In several cases the combination of buffers, setbacks and front yard
landscaping are sufficiently onerous to create difficulty with reasonable
use of the property for industrial or commercial purposes.
5. The setbacks in several categories are excessive in their own right and
could be reduced without negative impacts on the public welfare.
6. The proposed regulations address the issue of retaining existing trees
without establishing rigid requirements.
CONCLUSIONS
The recommended changes provide predictability without total loss of flexibility;
they add consistency between sections of the code where it is appropriate; and
they should be easier to interpret and administer. The proposed changes are
reasonable regulations and should not be a major hardship to implement by the
private sector, but should help result in quality development of specific
parcels.
RECOMMENDATION
The Planning staff's recommendation is contained in Exhibit "A ".