HomeMy WebLinkAboutord1988-029I 1 . , I
1NIK000LtU 01
PROPOSED BY: Placining Co�rymission
DATE: April 7, 19$
ORDINANCE NO. 88 -29
AN ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM
COUNTY ZONING CODE TO MAKE NUMEROUS IMPROVEMENTS IN THE TEXT; AND
AMENDING THE INTERIM ZONING ORDINANCE TO ELIMINATE OBSOLETE ZONES,
THE INVALID POTENTIAL ZONE, AND TO MAKE THE DEFINITIONS COMMON TO
THE TITLE 20 DEFINITIONS FOR EASE OF ADMINISTRATION WITH THE
EXCEPTION OF THE "YARD" DEFINITION
WHEREAS, Title 20 is in the process of being amended to: (1). be—a'
responsive document which meets the current needs of the people who live and
work in Whatcom County; (2) eliminate onerous conditions that inhibit reason-
able development without contributing to quality of life and which often create
a cumbersome administrative process; and
WHEREAS, the Interim Zoning Ordinance is being phased out as rapidly as
possible through the subarea planning process but is still a document that will
be in use for at least two more years; and
WHEREAS, costs to reproduce the Interim Zoning Ordinance will be reduced
and ease of use will be enhanced by eliminating zones and sections that are no
longer applicable or valid, and using common definitions with Title 20; and
WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice
was published in the Westside Record Journal on January 13, 1988, and the
Bellingham Herald on January 17, 1988; and
WHEREAS, a Determination of Non - significance was issued on February 1,
1988 by the Deputy SEPA Responsible Official; and
WHEREAS, a staff report was prepared providing background information,
findings, conclusions and a recommendation; and
WHEREAS, the Planning Commission held a public hearing on the proposal on
January 26, 1988, and several study sessions in February and March 1988; and
forwarded a recommendation to modify both Title 20 and the Interim Zoning
Ordinance.
NOW THEREFORE BE IT ORDAINED by the Whatcom County Council:
1. The text amendment to Title 20, the Official Whatcom County Zoning Code
and to the Interim Zoning Code be approved as listed in Exhibit "A ".
2. The Council has made the following specific findings and conclusions:
FINDINGS
A. The Interim Zoning Ordinance has a number of zones that no longer
appear on zoning maps having been eliminated as the subarea process
established final zoning for most of the County.
B. The different set of definitions in the Interim Zoning ordinance and
Title 20 leads to confusion.
C. Title 20 is a sound ordinance but its use over a period of years has
suggested corrections that could be made, many of which were done
last spring, but with others still needed. It also needs to be
modified to be responsible to changing conditions in the manner in
which people live and work.
D. The lot consolidation requirements for legally platted lots since
County regulation of subdivisions in 1959 is an unfair burden on a
property owner and creates unnecessary governmental action. Those
lots that are actually unbuildable will remain vacant or be
consolidated. Others may not meet current standards but do not
create a health or safety threat and should not be forced to
consolidate.
E. Many aspects of the regulations create confusion in interpretation,
are not consistent throughout the document, or are excessively
onerous and lead to an undue number of variance requests.
CONCLUSIONS
A. Eliminating the extraneous zones in the Interim Zoning Code will
reduce future printing costs and costs of purchase to the public and
will generally simplify use of the code. Consistent definitions will
also assist in more rational administration.
B. Modifying Title 20 as recommended should improve the regulatory
climate, streamline administration, reduce unnecessary variance
requests and help develop a logically consistent ordinance that will
better lead to protection of the health, safety and general welfare
of the people of Whatcom County.
3. The Council further finds the public health, safety and general welfare
are promoted by redesignation of the subject property to limited
commercial use.
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 21st day of April , 1988.
ATTEST:
2 v
lerk of the Council
APPROVED AS TO FORM:
Dave Cott i ham
Civil Dep Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
William P. Roehl Chairperson
(-J-'APPROVED ( ) VETOED
Shirley Van'ZantenCtounty Executive
Date
April 22, 1988
Published April 13, 1988 and April 27, 1988 , 1988
This Ordinance becomes effective May 2, 1988 1988. .
File #01 -88:ZT
EXHIBIT "A"
WORDING IMPROVEMENTS
1. WATER STORAGE RESERVOIRS, OUTFALLS
20.82.020 CONDITIONAL USES (Public Utilities)
Trunk utility lines, electronic communications and associated minimal
maintenance and operation structures, water storage reservoirs with volumes
_ground level measured within 20 feet in all directions of the tank, pumping
stations, treatment plants, sanitary sewer outfallss and 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.
2. TEMPORARY USE OF RECREATION VEHICLES IN RURAL,
FORESTRY AND RESORT COMMERCIAL ZONES
20.36.050 PERMITTED USES (Rural District)
.056 Private, non - commercial, recreation occupancy of one recreational vehicle
or travel trailer per lot where such use shall be less than 120 days per
calendar year, complies with all health regulations and is not permanently
installed.
20.42.050 PERMITTED USES (Forestry District)
.065 Private, non - commercial, recreation occupancy of one recreational vehicle
or travel trailer per lot where such use shall be less than 120 days per
calendar year, complies with all health regulations and is not permanently
installed.
20.64.050 PERMITTED USES (Resort Commercial)
.065 Private, non - commercial, recreation occupancy of one recreational vehicle
or travel trailer per lot where such use shall be less than 120 days per
calendar year, complies with all health regulations and is not permanently
installed.
20.97.335 RECREATIONAL VEHICLE (Definitions)
A motor vehicle, or portable structure capable of being transported on the
highways by a motor vehicle, designed and intended for casual or short -term
human occupancy for travel, recreational and vacation uses; identified by a
File #01 -88: ZT
model number, serial number and vehicle registration number; equipped with
limited water storage and other self- contained living facilities. Reereati -oral
veld -eles -arid - travel- - tratlews -s-hall -not -be - eeeupi -ed 4n, -any -zone - di- stri -et - outside
of - appreved- reereatienal- vehicle - parks.- E- ccept- -drat *o-jr- wi- s-toty- f-- tbi-s- Title
shall - excl ede- -tire - - pr+vate -,- - noneemmere i`al j - recreat4oral - - oeeupaney of- - retrea-
t i`ona l -vehicles- 4 n- ltvral- -and- - Forestry - ze n e s - where- sec# - *se- - #ra -11- -be- - 1-es-s- -than
IaG- days- -pef-- ealendar- yea- w,-- eamp,1i-es-- with - all-- lrear44 -regulations -and- i-s -not
permanently - i -nstalled:
SETBACKS, SIGNS AND OTHER STANDARDS
1. MINIMUM BUILDING SETBACKS AND SETBACKS FOR CORNER LOTS
Modify. table as follows: (Note the following table illustrates the setback
changes. The changes in columns and column headings are not denoted.)
2
File #01 -88:ZT
20.80.200 SETBACK REQUIREMENTS
20.80.210 MINIMUM BUILDING SETBACKS
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. (Adopted per
WCC 20.04.080(1)(p))
TYPE I
II
III
IV
V
General
Addit.
Collector
or
**
Provis.
I -5 /State Hwys
Arterials
Local
Minor
May be
Prin. & Minor
or Major
Minor
Access
Access
Side
Rear
Applic-
ZONE Arterials
Collectors Collector
Street
Street
Yard
Yard
able
UR 45'
35'
25'
25'
20'
5'*
51*
yes+
URM 45'
35'
25'
25'
20'
5'*
5'*
yes+
RR 45'
35'
25'
25'
20'
5'*
5'*
yes+
RR -1
25'
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'
25' - - -20'
0'
10'
yes+
GC 45' +±
45= 35'
45= 25'
45= 25'
45= 20'
0'
10'
yes+
TC 45' ±+
45= 35'
45= 25'
45= 25'
45= 20'
0'
5'*
yes+
RC 45'
35'
25'
25'
20'
5'*
5'*
yes +#
LII 45'
45'
45'
45'
45'
10'
0'
yes+
GM 45'
45'
45'
45'
45'
10'
0'
yes +o
HII 150- 100'
100'
100'
100'
100'
60'
60'
yes+
GI 25'
25'
25'
25'
25'
10'
10'
yes +#
AO 45'
45'
45'
45'
45'
10'
0'
es+
(Amended per WCC 20 .04.080(1)(a),(h),(1),(u),(ff), and
(kk))
* Roof overhangs or other architectural
features
shall not project
further than
18 inches into the
side or rear yards.
+ Refer to the additional
provisions
of WCC 20.80.250,
20.80.260,
20.80.270 20.80.280,
20.80.400 and 20.80.700. (Amended
per WCC
20.04.080(1)(ff))
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 I -5 these
setbacks
may be reduced to 25'sub_iect
to the
screening requirements under 20.62.651 (2
3
File #01 -88:ZT
20.80.230 CORNER LOTS
For corner lots or parcels bounding two or more roads st=reet=s -sbal l - observe -the
minr+immum the front yard setbaeks --om all -- street- -s-Rk-s-- eflns +sten-t -- with -4t e
app }reabl•e -street - el ass 4 f 4eat:4en shall be that yard which abuts a collector or
circumstances involving public safety. Yards on the other flanking streets may
be considered side yards except that for collectors or arterials the minimum
setback shall be no less than one half of the normally required road setback.
2. BUFFERS FOR NON- INDUSTRIAL USES IN THE LIGHT IMPACT INDUSTRIAL ZONE
20.66.550 BUFFER AREA
.552 Except as specified in Section 20.66.551, this Section is applicable to
building sites located adjacent to one or more of the following: another
district (except Agriculture, Forestry, General Manufacturing and Heavy
Impact Industrial); or county or state roads designated as or, proposed
for improvements to primary arterial status.
(2) The purpose of said landscape screen is to protect, on a year -round
basis, the adjacent district or roadways from unsightliness, visual
distraction, and /or noise impacts. Said screen design shall be
encouraged to use vegetation that has minimal irrigation needs such
as native northwest vegetative species or non - native species which
have a demonstrated suitability for Whatcom County. The fifty (50)
foot screen width may be reduced where it can be demonstrated that
the screening can adequately accomplish the purposes stated in this
subsection. For business firm headquarters, professional offices and
retail uses such as restaurants, convenience stores and gas stations
this buffer may be reduced to ten feet subject to the landscape plan
specified in Section 20.80.610 if plan is approved by Buildings and
Code Administration.
3. SIGNS FOR NON- INDUSTRIAL USES IN AN INDUSTRIAL ZONE
20.80.500 SIGN CONTROLS
.550 General Manufacturing, and Light and Heavy
Impact Industrial Districts Sign Regulations:
(3) The following regulations shall apply to permanent signs that- Pertai•n
to- an- operat-- rng- industPia} -aet- -vfty for industrial uses:
(a) All signs must be an integral and coordinated part of a site
design plan for the entire complex.
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File #01 -88:ZT
(b) Sages -may -be - teteweal-l-y -ow - tndtweeirl-y - t}}umteated:
(-d) u One free - standing sign shall be permitted at the entrance to
each individual site witbtn- are- tndustwtal-- eompl-ex; provided that
total sign area for any one face does not exceed sixty -four
(64) square feet.
(e) u One free - standing sign not higher than twenty -five (25) feet
shall be permitted at each main entrance to an industrial
eompl-ex park. The message of said sign shall be limited to the
name of the eompl-ex park and its occupant(s) . Sign area of any
one face shall not exceed two hundred seventy -five (275) square
feet.
-(e) u Wall signs shall be flush against the building and shall not
exceed twenty -five percent (25 %) of the total wall area, on
which they are located less windows and doors.
(f) u Roof signs not greater than five (5) feet above the peak of the
roof and not extending beyond the roof it is located on shall be
permitted.
M For non - industrial uses the following regulations shall a0gl
u One freestanding sign not to exceed 64 square feet in surface
area per sign face. A maximum of two sign faces shall be
allowed. Height of this sign shall not exceed 25'.
u Single faced signs on walls or eaves not to exceed a cumulative
total of one hundred (100) square feet in area.
Lc Roof mounted signs with a maximum of two faces per sign not to
exceed a cumulative total of 100 square feet in surface area per
face (or faces visible from one direction). These signs shall
not extend laterally beyond the roof nor more than five feet
(5') above the highest point of the roof.
4. LOT COVERAGE IN RESIDENTIAL ZONES
ADD TO EACH OF THE FOLLOWING SUBSECTIONS:
20.20.450, 20.22.450, 20.32.450, 20.34.450 and 20.36.450
No structure or combination of structures, including accessory buildings, shall
occupy or cover more than 2500 square feet or thirty -five percent (359'x) which
ever is greater of the total area.
5. SIGN CONTROL
20.80.500 SIGN CONTROL
5
.510
File #01 -88:ZT
(1) No sign or any portion of a sign should be located on or over public
property such as road rights -of -way and easements, transmission line
corridors or utility easements. Standard buildinq height limits and
building setbacks shall apply to all signs unless otherwise provided
herein.
USE CHANGES
1. SINGLE FAMILY RESIDENTIAL DWELLINGS IN THE AGRICULTURAL AND FORESTRY ZONES
20.40.050 PERMITTED USES (Agriculture)
.052 One single family dwelling per legal lot of record.
. -052 .053
20.40.100 ACCESSORY USES (Agriculture)
. -102 Ore -si ngl-e- famrl-y - detached - dwel-l-i ng - shall- -be - permitted -as -are - aeeessory -use
fors
(1) Eaeh - forty -(-40} - acres - (nGminal - area} -ow - each - frac-i;ronal - ore -si xt- eent -h
E1f16th} -part -of -a - seci;i Gn -which -i a - owned -ow - c-usi;omari-ly - operat=ed -as
a - single -farm -utrot;; -or -for
( Z) Eaeh - parcel -of - record; -pwoyi ded -that -the -deeds -of - all - adjGtntng - lards
rr - -lie- - same- -owner-,94i-p, —and- - having - bounder -i-es- - 4n- -e( r - have- -been
eorsol rdai ed - - by--- rec-o-rdi-ng - - o f - - e- - *ear --deed - - who ch- - *nri+i--- the
deser-tpt; tGna -of -the -ad jGtntng - parcels -so -they -are -ro - longer - dtvtded:
(3) /fir - pareel - approved -for -the -purposes - stated -WGG -20 . -40.- 251(-4 }
403 .102
404 .103
.-I05 .104
:106 .105
.-107 .106
.. -108 .107
-109 .108
-1l0 .109
-111 .110
20.42.050 PERMITTED USES (Forestry)
.056 Single -family -- r-esident+a1 - -dwell ings;- toget- hei- - w4th - -the - *su- aa-- aeeessowy
burldrrgs -and -uses; - provided -the -lot;=
(1) i s -at; - least - t=went=y -(-20} - nominal -acres --Fr -size; -or
(Z) has -been- created- through- the- cl- us -ter- i*g- Vrov+si- Grief- -WC-I; - 20. -42. -300;
or
N
File #01 -88:ZT
(3) has -been - ereated- through- the- - lemeci -iHvi-t 4evelopmerrts- -of
WGG - 24. -88:
(Amended -pew -WGG - 20. -04.- 0804.1• }4 bb})
One single - family dwelling per legal lot of record.
20.42.100 ACCESSORY USES (Forestry)
.102 Uses incidental to the primary permitted uses
20.42.150 CONDITIONAL USES (Forestry)
. -156 One - s!.ng1e- faM1y - -home - a- M-- aecessowy- buA1dAngs - -or,- pre- exAst4.ng-- paweel -s
less - than- t-wettty-- (26)-- ac -ress - nominal-- s4ze;--- preyirded; - However; --0vat -the
Hearing - Examiner - shall- -find -by -a - pwepandewanee -of - eyidenee i--
(1) Sewage - disposal- - system -ow - soil - suitable -for - sewage -disposal -by - septi -e
tanks -arid - dwainf ields;
(2) Approved -water- supply- -oi- - &vei- l- ab_i-1-i -ty -of - a - sal tuba e- 3ottrc-e -af- -water
an -the -site;
(3) Domestic- - water-- supp+y- seurees -Vvat - will - t got- - be - leeated- *i-th+rt- -one
hundred - -(My -- feet - - of- -the - -property --bou d-ar- y-- -oi-- oe-- an-- adjaeertt
property - without - written - eortsent -of -the - adjaeertt - property - owner;
(4) Feasible - woad- aeeess;
(5) Adequate -f ire - pwoteetiort;
(6) Available - eleetrie - power; -or
(T) A- sufficient- -number-- ef-- ress-Wences -4rt- the -area- toy -make - den +al --of -a
permit -for- - resident ial - cotlstruct4 oti- -a - substafit4 al- - hardship - to- -the
applimeartt. ---
f Ame►tded -per -WGG - 20;.04;-484 ( 1 (bb})
2. RESIDENTIAL DWELLING UNITS IN COMMERCIAL ZONES
20.60.100 ACCESSORY USES (Neighborhood Commercial)
.101 Single-- family -- dwellings One residential unit for owner manager or
caretaker when part of a building in which the primary use is located.
.102 Uses incidental to the primary permitted uses.
File #01 -88:ZT
20.62.100 ACCESSORY USES (General Commercial)
.101 One residential unit for owner manager or caretaker when part of a
building in which the primary use is located.
.102 Uses incidental to the primary permitted uses.
20.62.150 CONDITIONAL USES (General Commercial)
.158 Residences on premises in a commercial structure where any business is
conducted other than taverns, restaurants and recreational facilities,
provided:
LU All height limits and setback requirements can be meet.
The overall residential density does not exceed 12 units per acre.
20.63.100 ACCESSORY USES (Tourist Commercial)
.101 One residential unit for owner manager or caretaker when part of a
building in which the primary use is located.
.-101 .102 All - aeeessory uses normal -Ty incidental to the primary permitted uses.
20.64.100 ACCESSORY USES (Resort Commercial)
.103 All - other- aeeessory uses incidental to the primary permitted uses.
.108 One residential unit for owner manager or caretaker when Dart of a
building which the primary use is located.
3. MULTIPLE FAMILY USES IN THE URBAN RESIDENTIAL MEDIUM DENSITY DISTRICT
20.22.050 PERMITTED USES (URM)
.051 Single family dwellings, duplexes, and multi - family dwellings provided:
LU The total number of dwelling units does not exceed four per lot.
The number of dwelling units conforms to the density requirements of
the district.
.052 Single family dwellings, duplexes, and multi - family dwellings with a total
of five or more units per lot:
LU The number of dwelling units conforms to the density requirements of
the district.
E.1
. -452 .053
File #01 -88:ZT
Adequate right -of -way and street improvements to bring adjacent
roadways up to necessary standards shall be provided.
20.22.155 CONDITIONAL USES (URN)
.r155 Mul- ti- fame l -y- resi-denti-al-- inel-ud!Rg- apartments- acid- resi-denti-al-- coridomirii-ums
but -not -time - snare - eoridomimr4ums:
20.22.250 MAXIMUM DENSITY, MINIMUM LOT SIZE AND WIDTH
.253 Maximum Density and Minimum Lot Size - Specific Uses
(1) Multi- family residential uses as provided in Section 20.22.151 .050
shall have a minimum parcel size equal to the gross density of the
zone provided that under no circumstance shall the minimum parcel
size be less than 8,000 square feet.
5. HOUSING FOR AGRICULTURAL WORKERS IN THE RURAL ZONE
20.36.150 CONDITIONAL USES (Rural)
.157 Housing or camping facilities to accommodate seasonal or permanent
agricultural employees, provided:
(1) such facilities shall be located at least fifty (50) feet from the
external property lines;
(2) such facilities shall conform with applicable building and health
regulations; and
(3) such facilities shall be occupied only by agricultural employees and
their immediate families; and
permanent housing shall not exceed the density of the zone and a
covenant shall be filed with the County Auditor stating the residence
can not be sold or leased without proper subdivision approval.
NONCONFORMING USES AND PARCELS
20.83 NONCONFORMING USES AND PARCELS
.020 Nonconforming uses may be extended throughout any building partially
occupied by such use at the time of passage of this Ordinance. The
expansion of a nonconforming use by addition or enlargement on- any- traet
or- - ei= - -1-c+ - of- - reeard- orr- duly --r,-- 4.972, shall be conditionally
0
File #01 -88:ZT
permitted.
parcel(s). The expansion shall be approved if it is consistent with the
applicable zoning regulations except the use restrictions and complies
with WCC 20.84.220 (2) to (8).
.070 Two or more lots of record shall be considered as one undivided parcel for
the purpose of use or sale if all of the following circumstances pertain
on or after the date of adoption of this Ordinance for a subarea, except
as modified by subsection .0711 or .072, or .073 below:
.073
(5) at -least -f 4 ve- { 5) - years- #gave- Vpas-s-eci- - si*ee the -date -o€ - € real- - approval
of - t6e- - p I at - 4y - W e1- - the - -later - were - -ore-&t-e4 - 4 f- - platted - 4 ots- -are
ionvol-ved:
20.83.070.
INTERIM ZONING ORDINANCE
DELETE THE FOLLOWING SECTIONS IN THEIR ENTIRETY:
2.24.120
R2
RESIDENTIAL DISTRICT --2 FAM:I'LIES PER ACRE
2.24.140
S3
SUBURBAN DISTRICT - -3 FAMILIES PER ACRE
2.24.160
R3
RESIDENTIAL DISTRICT --3 FAMILIES PER ACRE
2.24.170
RR3
RURAL RESIDENTIAL DISTRICT - -3 FAMILIES PER ACRE
2.24.181
S4
SUBURBAN DISTRICT --4 FAMILIES PER ACRE
2.24.191
RM7
RESIDENTIAL MEDIUM DENSITY --7 FAMILIES PER ACRE
2.24.220
R1A
RURAL 1 ACRE DISTRICT
2.24.280
F
FORESTRY DISTRICT
2.24.290
ROS
RECREATION AND OPEN SPACE DISTRICT
2.24.330
TB
TOURIST BUSINESS DISTRICT
2.24.340
TC
TOURIST COMMERCIAL DISTRICT
2.24.341
NC
NEIGHBORHOOD COMMERCIAL DISTRICT
2.24.360
RDM
RESORT DISTRICT -- MEDIUM DENSITY
2.24.361
RDH
RESORT DISTRICT - -HIGH DENSITY
2.24.520
U
UNCLASSIFIED DISTRICTS
2.24.720
POTENTIAL ZONES AND RECLASSIFICATION OF POTENTIALLY ZONED AREAS
DELETE THE CONTENTS OF:
2.24.840 DEFINITIONS with the exception of the definitions for: yards,
front, rear and side.
ADD THE CONTENTS OF CHAPTER 20.97 from TITLE 20 TO:
2.24.840 DEFINITIONS with the exception of the definitions for: yards,
front, rear and side.
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