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HomeMy WebLinkAboutord1988-040File ii01 -88B INTRODUCED BY: Consent PROPOSED BY: Planning SUBSTITUTE ORDINANCE DATE: April 7, 1988 ORDINANCE NO. 88 -40 AN ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING CODE, TO ALLOW NON- COMMERCIAL BOAT DOCKS, AND OTHER WATER RELATED STRUCTURES AS PERMITTED AND CONDITIONAL USES IN THE URBAN RESIDENTIAL, URBAN RESIDENTIAL MEDIUM DENSITY AND RESIDENTIAL -RURAL ZONES 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 reasonable development without contributing to quality of life and which often create a cumbersome administrative process; 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 in 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; and WHEREAS, the Council on April 21, 1988, reviewed and approved all of the modifications recommended by the Planning Commission with several minor changes except for the provisions relating to non - commercial boat docks and similar uses, for which additional consideration was needed; and WHEREAS, on May 19, 1988, additional consideration was given and it was determined these were appropriate code modifications; NOW THEREFORE BE IT RESOLVED: 1. The following text amendment to Title 20, the Official Whatcom County Zoning Code is hereby approved: 20.20.050 PERMITTED USES (UR) .055 Private. non - commercial I a #01 -88B 20.20.150 CONDITIONAL USES (UR) .161 Private, non - commercial boat docks, launches, ramps, floats, moorages and 20.22.050 PERMITTED USES (URN) .053 Private, non - commercial boat docks when located on a man -made canal designed for boat traffic pursuant to the Whatcom County Shoreline Management Program. 20.22.150 .161 CONDITIONAL USES (URN) 20.32.050 PERMITTED USES (RR) .055 Private, non - commercial boat docks when located on a man- 20.32.150 .162 CONDITIONAL USES (RR) 2. The Council finds that this is an appropriate change which allows people the flexibility of providing water related structures as uses in their own right prior to actually building a house on shoreline property or without ever building a house. At the same time the surrounding neighbors are protected from blighting or undesirable construction or use by both the conditional use permit process and the shoreline permit process. 3. The Council finds that the public health, safety and general welfare are promoted by the above change. 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 5th day of May , 1988. ATTEST: Clerk of the Council APPROVED 'S TO FORM: `Dao Cottingham Civil Deputy Pr secuting Attorney Published April 13, 1988 F,ie #01 -88B WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl Chairperson ( ROVED ( ) VETOED /I ;_- ", " — Daniel M. Warner, hxdcutive pro -T6m Date May 6, 1988 and May 11 , 1988. This Ordinance becomes effective May 16 , 1988.